Jammu and Kashmir Gazette, No. 48, 25 February 2021

THE

JAMMU AND K ASHMIR OFFICIAL GAZETTE

PART I-A

Jammu & Kashmir Government–Orders

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Notification

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PART I––B

Jammu and Kashmir Government—Notifications.

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DEPARTMENT

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Government Order No. 38-JK (GAD) of 2021

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Notification No. 191-Rev (LAJ) of 2020

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Annexure-A

Particulars of the land

Notification No. 197-Rev (LAJ) of 2020

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Annexure-A

Particulars of the land

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Notification No. 198-Rev (LAJ) of 2020

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Annexure-A

Particulars of the land

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Notification No. 209-Rev (LAJ) of 2020

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Annexure-A

Particulars of the land

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Notification No. 201-Rev (LAJ) of 2020

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Annexure-A

Particulars of the land

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Notification No. 205-Rev (LAK) of 2020

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Annexure-A

Particulars of the land

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Notification No. 208-Rev (LAJ) of 2020

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Particulars of the land

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Notification No. 192-Rev (LAJ) of 2020

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Annexure-A

Particulars of the land

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Notification No. 213-Rev (LAJ) of 2020

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Particulars of the land

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Notification No. 215-Rev (LAJ) of 2020

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Annexure-A

Particulars of the land

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Notification No. 158-Rev (LAJ) of 2020

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Annexure-A

Particulars of the land

Orders by Heads of Departments.

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CHARGE REPORTS

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THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Notifications, Notices and Orders by Heads of Departments.

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Amendment in Form-I

NOTICE

Shedule of Property

S/o Om Parkash equal shares Davinder Dutta

Massialya R/o Arazi, Samba, Makbooza

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Declaration

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

ADVERTISEMENTS—C

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LIMITED SHORT TERM TENDER NOTICE

Terms and Conditions :—

PART I–B

Jammu and Kashmir Government––Notifications.

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Notification

PART I–B

Jammu and Kashmir Government––Notifications.

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Notification

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

PART III

Laws, Regulations and Rules passed thereunder.

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(No. 44 of 2019)

PART I

Preliminary

PART II

Merger of Union Territories

PART III

Representation in the House of the People

PART IV

High Court

PART V

Assets and Liabilities

PART VI

Provisions as to Services

PART VII

Legal and Miscellaneous Provisions

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

PART IV

Reprints from the Government of India Gazette.

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 07th January, 2021/Pausha 17, 1942 (Saka)

THE JAMMU AND KASHMIR REORGANISATION

(AMENDMENT) ORDINANCE, 2021

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THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

PART IV

Reprints from the Government of India Gazette.

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 30th December, 2020/Pausha 09, 1942 (Saka)

paragraphs shall be substituted, namely :—

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THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

PART IV

Reprints from the Government of India Gazette.

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(No. 21 of 2019)

CHAPTER I

Preliminary

CHAPTER II

Banning of Unregulated Deposit Schemes

CHAPTER III

Authorities

CHAPTER IV

Information on Deposit Takers

CHAPTER V

Restitution to Depositors

CHAPTER VI

Offences and Punishments

CHAPTER VII

Investigation, Search and Seizure

29. Competent Authority to be informed of offences.—The

CHAPTER VIII

Miscellaneous

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THE FIRST SCHEDULE

[See section 2 (15)]

REGULATED DEPOSIT SCHEMES

TABLE

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THE SECOND SCHEDULE

(See section 42)

Amendments to Certain Enactments

PART I

Amendment to the Reserve Bank of India Act, 1934

PART II

Amendments to the Securities and Exchange Board of India

Act, 1992

PART III

Amendment to the Multi-State Co-operative Societies Act, 2002

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

PART III

Laws, Regulations and Rules passed thereunder.

Notification

Draft Rules

CHAPTER I

Preliminary

CHAPTER II

Social Security Boards

3. The Manner to exercise the powers conferred on and

to perform the functions assign to Jammu and Kashmir

Unorganized Worker's Social Security Board, the manner of

nomination of members, their term of office and other conditions

of service, procedure to be followed in the discharge of their

functions and manner of filling vacancies and time, place and rules

sub-section (9), (12) and (14) of section 6.—

4. The manner to exercise the powers conferred on and to

perform the functions assigned to Jammu and Kashmir Building

and Other Construction Workers Welfare Board, the manner of

nomination of Members, their term of office and other conditions

of service, procedure to be followed in the discharge of their

functions and manner of filling vacancies and time, place and rules

of procedure relating to the transaction of business as per sub-

section (4), clause (c) of sub-section (5), clause (c), clause (d)

and clause (e) of sub-section (6) of section 7.—

10. Appointment and constitution of Sub-Committees.—

6. Educational schemes for the benefit of children of the

beneficiaries under clause (d) of sub-section (6) of section 7.—

(2) Sponsorship Schemes for meritorious students of

beneficiaries for professional degrees/diploma based on the

CHAPTER III

Employees Insurance Court

Manner and time within which second appeal may be filed

to the Employees Insurance Court by the Insured Person or the

Corporation under clause (b) of sub-section (7) of section 37 of

the code, the procedure to be followed by the Employees

Insurance Court under sub-section (2) and the rules under

sub-section (3) of section 50 and the manner of commencement

of proceedings before the Employees Insurance Court, fees

and procedure thereof under sub-section (1) of section 51 :—

not in accordance with sub-rule (2) of Rule 10.

21. Failure to present Written Statement called for by the

24. Appearance of parties and consequence of

39. Certified copies of Order, Decree, etc. to be

CHAPTER IV

Gratuity

44. Bank or other financial institution in which the gratuity

shall be invested for the benefit of minor under the third proviso

45. Time, form and manner of nomination by an employee

under sub-section (1), the time to make fresh nomination under

sub-section (4), the form and manner of modification of a

nomination under sub-section (5) and the form for fresh nomination

46. Time within which and the form in which a written

application shall be made under sub-section (1) and the form of

(4) Application to competent authority for direction under

clause (b) of sub-section (5) of section 56.—

(5) Procedure for dealing with application for direction.—

(10) Maintenance of records of cases by the competent

47. The manner of registration of an establishment by the

employer under sub-section (3) and the manner of composition

of Board of Trustees of the approved Gratuity Fund and the

manner in which the competent authority may recover the amount

of the gratuity payable to an employee from the insurer under

sub-section (4) of section 57—

48. Qualifications and experience of the officer appointed as

the competent authority under sub-section (1) of section 58.—

CHAPTER V

Maternity Benefit

49. Authority to whom an appeal may be preferred under

CHAPTER VI

Employees Compensation

50. The amount to be deposited towards expenditure of the

funeral of the employee with the Competent Authority by the

51. Conditions when application for review is made without

certificate of a medical practitioner under sub-section (1) of

54. Medical Examination under sub-section (1) of section

84 and the frequent interval for medical examination under the

proviso to sub-section (1) of section 84.—

56. The manner of recording the memorandum in a register

by the competent authority under sub-section (1) of section 89.—

(2) Procedure where competent authority does not consider

that he should refuse to record memorandum.—

(3) Procedure when competent authority considers that he

should refuse to record memorandum.—

(4) Procedure on refusal to recrod memorandum.—

CHAPTER VII

Social Security and Cess in respect of Building

and other Construction Workers

62. Fees for appeal under sub-section (2) of section 105.—

CHAPTER VIII

FINANCE AND ACCOUNTS

63. Conditions to acquire, hold, sell or otherwise transfer

any movable or immovable property under sub-section (1),

conditions to invest moneys, re-invest or realise investments

under sub-section (2) terms to raise loans and take measures

for discharging such loans under sub-section (3) and terms to

constitute for the benefit of officers and staff or any class of them,

provident or other benefit funds under sub-section (4) of section

64. Conditions and manner of writing off irrecoverable dues

CHAPTER IX

Authorities, Assessment, Compliance and Recovery

65. Other powers of Inspector-cum-Facilitator under clause

66. Form and manner for maintenance of records and

registers and other particulars and details under clause (a),

manner and form for display of notices at the work places of

the employees under clause (b) and the manner and period of

filing returns to the officers or authority under clause (d) of

CHAPTER X

Offences and Penalties

67. Manner of compounding of offences by the authorised

officer specified under sub-section (1) of section 138 and the form

and manner of making application for the compounding of an

(5) Composition after institution of prosecution.—

CHAPTER XI

Employment Information and Monitoring

68. Manner and form of reporting vacancies and form of filing

the return by the employer, to the concerned career centre under

(3) Type of vacancies and respective Career Centre for

reporting of vacancies.—

CHAPTER XII

Miscellaneous

70. Conditions which the exempted establishment or the

class of establishments or an employee or class of employees,

71. Conditions for management of the trust under

sub-section (5) of section 143, which has been granted exemption

73. Manner of determining the misuse of any benefit by an

74. Submission of a copy of the Form to the office of Director

Application for Educational Assistance for Education up to

12th Standard Examination

Signature of the

Registered Construction Workers.

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Declaration by the Applicant

Signature of Principal/

Headmaster.

For Office Use

Scrutiny Officer/DEO.

Recommendations

Labour Officer/Labour Inspector.

Scrutiny Officer/Incharge BOC Section/DEO.

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Application for Educational Assistance for Higher Education

Signature of the

Registered Construction Workers.

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Certificate from the Principal/Head of the Institution/

Authorized Officer of the concerned College/University

Signature of Principal/

Head of the Institution/Authorized Officer.

For Office Use

Scrutiny Officer/DEO.

Recommendations

Labour Officer/Labour Inspector.

Assistant Labour Commissioner,

……………………District.

Scrutiny Officer/Incharge BOC Section/DEO.

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(See Rule 10)

(Verification by the Applicant)

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FORM-IV

(See Rule 12)

(See Rule 17)

Summons for disposal of proceedings

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FORM-VII

(See Rule 17)

Summons for settlement of issues

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[See Rule 24(5)]

Verification by the applicant

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FORM-IX

[See Rule 24(5) & (6)]

General Form

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(See Rule 25)

Summons to witness

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FORM-XI

(See Rule 38)

Decree in Case

Claim for

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(See Rule 40)

Application for the execution of a decree

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(See Rule 45)

Nomination/Fresh Nomination/Modification of Nomination

(Strike out the words not applicable)

Manner of acquiring a "Family"

Statement

Acknowledgement by the Employee

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FORM-XIV

[See Rule 46(1) (a), (b) & (c)]

Application for gratuity by an Employee/Nominee/Legal Heir

(Strike out the words not applicable)

b. Address in full of employee

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[See Rule 46(4) (a) (iii)]

Application for Direction

Before the Competent Authority for Chpater V under the

Code on Social Security, 2020

BETWEEN

ANNEXURE

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[See Rule 46(5) (a) (8)]

Notice for Apperance before the Competent Authority/Summon

(Strike out the words not applicable)

[See Rule 46(11) (12) (h)]

Notice for Payment of Gratuity as Determined by Competent/

Appellate Authority

(Strike out the words not applicable)

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FORM-XIX

[See Rule 46(13)]

Application for Recovery of Gratuity

BETWEEN

[See Rule 47(3) (i)]

Application for Registration of an Establishment with the

Controlling Authority under section 57

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FORM-XXI

[See Rule 47(4)]

Option to continue under the Existing Insurance

under section 57

[See Rule 47(3) (i) & (ii)]

Details of Employees of the Establishment covered under

the Compulsory Insurance under section 57 of the Code

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FORM-XXIII

(See Rule 49)

Complaint to the Inspector-cum-Facilitator

FORM-XXIV

[See Rule 49(2) (b)]

Appeal

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FORM-XXV

(See Rule 53)

Notice Book

bona fide

(See Rule 55)

STATEMENT

IIVXX MROF

[ )1( 65 eluR eeS ]

TNEMEERGA FO MUDNAROMEM

: etoN —

.ecneserp ym ni dengis tpiecer siht dna diap ne

MROF – IIIVXX

[ )1( 65 eluR eeS ]

TNEMEERGA FO MUDNAROMEM

dedrocer ylud eb mudnaromem sih

: etoN —

.ecneserp ym ni dengis tpiecer sih

______

MROF - XIXX

[ )1( 65 eluR eeS ]

TNEMEERGA FO MUDNAROMEM

eeyolpme dia —

_______________

: etoN —

: etoN( —

MROF – XXX

[ )i( )2( 65 eluR eeS ]

MROF – IXXX

)vi( )3( & )iii()2( 65 eluR eeS ]

______

)IIXXX( MROF

[ eluR eeS )ii( )3( 65 ]

______

)IIIXXX( MROF

[ )ii( )3( 65 eluR eeS ]

)VIXXX( MROF

( 06 eluR eeS )

______

.2491 ,asuaP ht52/1202 ,.naJ ht51

[ )a( )1( 66 eluR eeS ]

SEEYOLPME NEMOW FO RETSIGER

.seeyolpme ne

______

.2491 ,asuaP ht52/1202 ,.naJ ht51

IVXXX MROF

)b( & )a( )3( 66 eluR eeS ]

A nruteR launnA deifinU . traP lareneG :

………........………………………………tnemhsilbatse e

sedoC eht rednu rebmun ecneciL/noitartsigeR s'reyolpmE

i denoitnem :woleb elbat eht fo )2( nmuloc n

:ruobaL tcartnoC dna rotcartnoC ,reyolpmE fo sliateD

:yad tser ylkeew dna sruoh gnikroW

eht gnirud yad yna ni deyolpme snosrep fo rebmun mumixaM

:raey

:stnemyaP fo sliateD )a(

narg erew ohw srekrow fo rebmuN )b(

eht gnirud segaw htiw evael det

yrotutats eht rednu dedivorp seitinema eraflew suoirav fo sliateD

:semehcs

:0202 ,ytiruceS laicoS no edoC eht rednu tifen

.I eB ytinretaM

arap dna lacidem ,tnemhsilbatse fo sliateD - :ffats lacidem

0202 ,ytiruceS laicoS no edoC eht rednu detnarG evaeL

noitaralceD

________

MROF - IIVXXX

( 76 eluR eeS )

emit tsrif eht rof ecneffo na dettimmoc ohw reyolpmE eht ot ecitoN

edoC eht fo 831 noitces fo )1( noitcesbus rednu ecnef

fo fo gnidnuopmoc rof

0202 ,ytiruceS laicoS no

……………oN ecitoN :etaD

TRAP – I

TRAP – II

)reciffO gnidnuopmoC eht fo erutangiS(

:ecalP

_______

TRAP – III

bus rednu noitacilppA -

rof 831 noitces fo )4( noitces

ecneffo fo gnidnuopmoc

.…………oN ecitoN :feR . :etaD

tnacilppa eht fo erutangiS

)noitangiseD dna emaN(

TRAP – VI

etacifitreC noitisopmoC

..…………oN ecitoN :feR :etaD

)erutangiS(

reciffO eht fo noitangiseD dna emaN

:ecalP

________

MROF - IIIVXXX

[ )b( )4( 86 eluR eeS ]

sertneC reeraC ot seicnacaV gnitropeR rof mroF

)stsop fo epyt hcae rof desu eb ot smrof etarap

:ETON

MROF - XIXXX

[ )7( 86 eluR eeS ]

)nruteR noitamrofnI tnemyolpmE( RIE mroF

eht ot dettimbus eb ot nruteR ylraeY

eht rof )lanoigeR( ertneC reeraC

.……………dedne raeY

:SEGATROHS REWOPNAM

.2491 ,asuaP ht52/1202 ,.naJ ht51

htiw reyolpme /tnemhsilbatse fo

raey laicnanif

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Part II––B

Notifications, Notices and Orders by Heads of Departments.

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AWARD

REGD NO. JK––33

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– English CONTENTS Pages			Vernacu- lar pages
PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... 556-578 PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... 603-632 PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... 89-90 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 .... 337-346 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 .... 117-118			229-232

Printed at the Ranbir Government Press, Jammu.

556 The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. [ No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

(Exercising powers of Bar Council under Section 58 of the Advocates Act, 1961).

No. 309 Dated 26-11-2020.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Neha Charak D/o Joginder Singh R/o Pindi Charakan Kalan,

Tehsil Arnia, District Jammu vide Notification No. 81 dated 17-06-2019

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.

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. 310 Dated 26-11-2020.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Bhavye Bhagotra S/o Bharat Bhushan Bhagotra R/o Shiva Nagar

Opp. Shakti Palace W. No. 16, District Kathua vide Notification No. 948 dated 14-02-2017 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. 48] The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. 557 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

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. 312 Dated 26-11-2020.

Provisional admission granted under Advocates Act, 1961 in favour

of Ms. Ifra Meelad D/o Mohammad Altaf Banday R/o Taing Mohalla,

Shopian vide Notification No. 30 dated 17-05-2019 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.

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. 313 Dated 26-11-2020.

Provisional admission granted under Advocates Act, 1961 in favour

of Ms. Neelam Kumari D/o Ushanak Chand R/o Rajwal P/O Kaleeth,

Tehsil Jaourian, Akhnoor, Jammu vide Notification No. 1768 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.

558 The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. [ No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

No. 314 Dated 26-11-2020.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Anu Charak D/o Krishan Singh Charak R/o Kalu Chak (Jallo Chak) Near BSNL Tower, Jammu vide Notification No. 966 dated 14-02-2017 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. 315 Dated 26-11-2020.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Avinash Mahajan S/o Vijay Kumar Gupta R/o Near Higher Secondary School (Govt) Garhi, Udhampur vide Notification No. 1248 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.

No. 316 Dated 26-11-2020.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Bharath Sharma S/o Rakesh Kumar Sharma R/o 42-B/D, Green No. 48] The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. 559 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Belt Gandhi Nagar, Jammu vide Notification No. 1259 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.

No. 317 Dated 26-11-2020.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Insha Wali Dar D/o Wali Mohammad Dar R/o Sadak Janglath Mandi, Anantnag vide Notification No. 1204 dated 17-11-2018 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. 318 Dated 26-11-2020.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Sabzar Ahmad Dar S/o Mohamad Ibrahim Dar R/o Kujar, Tantray Mohalla, Frisal, Kulgam vide Notification No. 1203 dated 17-11-2018 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.

560 The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. [ No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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. 319 Dated 26-11-2020.

Provisional admission granted under Advocates Act, 1961 in favour

of Ms. Varnika Gupta D/o Rajesh Gupta R/o Ward No. 17, Friend's

Colony Near Kidzee School, Omarah, Udhampur vide Notification

No. 1699 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.

No. 334 Dated 27-11-2020.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Arjun Bhatia S/o Parveen Bhatia R/o 15/16, Rajinder Bazar,

Jammu vide Notification No. 296 dated 13-06-2012 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. 48] The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. 561 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

No. 341 Dated 27-11-2020.

Provisional admission granted under Advocates Act, 1961 in favour

of Mr. Karan Talwar S/o Narender Talwar R/o W. No. 3, Near Fire

Station, Batote, District Ramban A/P H. No. 245, Lane-9, Shakti Nagar,

Jammu vide Notification No. 1539 dated 03-03-2018 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.

No. 344 Dated 02-12-2020.

It is hereby notified that vide High Court Order dated 25-11-2020

Ms. Azra Jeelani D/o Ghulam Jeelani R/o Brinty Batapora, Anantnag

A/P Quarter No. 2, Judicial Quarters, Usmania Colony, Bemina, Srinagar

has been admitted and enrolled as an Advocate on the Rolls of Jammu

and Kashmir Bar Council provisionally for a period of one year from

the date of issuance of this notification, subject to the verification of

her Provisional/LL.B Degree Certificate from the concerned University

and verification of her character and antecedents from CID. Her name

has been entered under Serial No. JK-354/2020 in the Roll of Advocates

maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

562 The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. [ No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

No. 345 Dated 02-12-2020.

It is hereby notified that vide High Court Order dated 25-11-2020

Ms. Aifreena Ahad D/o Ab. Ahad Rather R/o By-Pass Road, Ahan, Tehsil

Wakura, District Ganderbal has been admitted and enrolled as an

Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally

for a period of one year from the date of issuance of this notification,

subject to the verification of her Provisional/LL.B Degree Certificate

from the concerned University and verification of her character

and antecedents from CID. Her name has been entered under Serial

No. JK-355/2020 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

No. 346 Dated 02-12-2020.

It is hereby notified that vide High Court Order dated 25-11-2020

Ms. Tabiya Reyaz D/o Riyaz Ahmad Tasleem R/o H. No. 4, Lane 3,

Sector-A, Pine Avenue, Rawalpora, Srinagar has been admitted and

enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council

provisionally for a period of one year from the date of issuance of this

notification, subject to the verification of her Provisional/LL.B Degree

Certificate from the concerned University and verification of her

character and antecedents from CID. Her name has been entered under

Serial No. JK-440/2020 in the Roll of Advocates maintained by this

Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

No. 48] The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. 563 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

No. 347 Dated 03-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Durga Dass Sharma S/o Sardari Lal Sharma R/o Gurah Jattan, Tehsil Ghagwal, District Samba vide Notification No. 25 dated 15-09-2020 has been declared as absolute/final.

By order.

No. 348 Dated 03-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Insha Quyoom D/o Abdul Quyoom Sofi R/o Nigeen Bagh Krankshivan Colony, Sopore, Baramulla vide Notification No. 1315 dated 11-12-2017 has been declared as absolute/ final.

By order.

No. 349 Dated 03-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Javid Ahmad Najar S/o Mohd Jamal Najar R/o Wanigam Payeen, New Colony, Tehsil Pattan, District Baramulla vide Notification No. 62 dated 06-04-2017 has been declared as absolute/final.

By order.

No. 350 Dated 03-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Sukhjeet Verma S/o Mohinder Pal R/o H.

564 The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. [ No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

No. 69, W. No. 10, Bishnah, District Jammu vide Notification

No. 1669 dated 05-03-2018 has been declared as absolute/final.

By order.

No. 351 Dated 03-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Mr. Tasadiq Hussain Sulwati S/o Mohd Akbar

Sulwati R/o Zachaldara, Wani Mohalla, Kupwara vide Notification

No. 888 dated 17-10-2018 has been declared as absolute/final.

By order.

No. 352 Dated 03-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Ms. Gowhar Jan D/o Gh. Nabi Ahanger R/o

Laizbal Kadipora, Syed Sahab, Anantnag vide Notification No. 484

dated 10-07-2018 has been declared as absolute/final.

By order.

No. 353 Dated 03-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Ms. Shazana Farhat Amin D/o Sheikh Mohd Amin

R/o Gousia Colony, Bemina, Srinagar vide Notification No. 1317 dated

02-01-2019 has been declared as absolute/final.

By order.

No. 48] The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. 565 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––—— Notification

No. 354 Dated 03-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Seerat Latief Dar D/o Mohd Latief Dar R/o Wanbal, Rawalpora Near Railway Track, Chanpora, Srinagar vide Notification No. 1322 dated 02-01-2019 has been declared as absolute/ final.

By order.

No. 355 Dated 03-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Chander Kant Singh Sambyal S/o Krishan Dev Singh R/o Mandi Sangwali, Village Samba (Rollwalla) vide Notification No. 1622 dated 05-03-2018 has been declared as absolute/ final.

By order.

No. 356 Dated 03-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms.Zakiya Banoo D/o Nissar Ali R/o Chanchik, Tehsil and District Kargil A/P C/o Ashok Kumar H. No. 124/B, New Plot, Jammu vide Notification No. 1690 dated 05-03-2018 has been declared as absolute/final.

By order.

No. 358 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Ramesh Chander S/o Kasturi Lal R/o H.

566 The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. [ No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

No. 163, Lane No. 3, Ekta Vihar, Kunjwani, Jammu vide Notification No. 1305 dated 02-01-2019 has been declared as absolute/final.

By order.

No. 359 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Insheeba Jan D/o Gh. Muhammad Lone R/o Brienty Batpora Dialgam, Anantnag vide Notification No. 839 dated 16-10-2018 has been declared as absolute/final.

By order.

No. 360 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Abdul Ghafoor S/o Manier Hussain R/o Thera Topa, P/O Shaki Maddhan, Tehsil Mendhar, District Poonch vide Notification No. 31 dated 06-04-2017 has been declared as absolute/ final.

By order.

No. 361 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Shefalee Koul D/o Raju Koul R/o H. No. 2, Lane No. 4, Near Kamal Building Material Gurha Keran, Barnai Road, Bantalab, Jammu vide Notification No. 1727 dated 30-03-2019 has been declared as absolute/final.

By order.

No. 48] The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. 567 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

No. 362 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Mr. Dinesh Jamwal S/o Ranbir Singh R/o Rahya, Vijaypur, Samba vide Notification No. 1548 dated 03-03-2018 has been

declared as absolute/final.

By order.

No. 363 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Shivam Singh S/o Lekh Raj R/o Dehra,

Thathri, Doda A/P H. No. 112, Sector-2, JDA Colony, Rajinder Nagar,

Bantalab, Jammu vide Notification No. 1737 dated 30-03-2019 has been declared as absolute/final.

By order.

No. 364 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Mr. Pranav Lakhnotra S/o Parshotam Lakhnotra R/o H. No. 8, Lakhnotra, Gurah Brahmana, Jammu vide Notification

No. 1353 dated 03-01-2019 has been declared as absolute/final.

By order.

No. 365 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Alisha Sharma D/o Arun Kumar R/o Hira 568 The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. [ No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Nagar, Pheru Chack, Kathua vide Notification No. 1254 dated

01-01-2019 has been declared as absolute/final.

By order.

No. 366 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Mr. Abhinav Singh Sambyal S/o Surendera Singh

R/o Netar Kothian, Barnai, Jammu vide Notification No. 1251 dated 01-01-2019 has been declared as absolute/final.

By order.

No. 367 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Mr. Amandeep Sharma S/o Darshan Kumar Sharma R/o Fatwal, Tehsil Bishnah, District Jammu vide Notification

No. 1528 dated 02-03-2018 has been declared as absolute/final.

By order.

No. 368 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Zeeshan Tariq S/o Mohd Tariq Malik

R/o Daraba Juzvi, P/O Samoi, Tehsil Surankote, District Poonch vide

Notification No. 1307 dated 02-01-2019 has been declared as absolute/ final.

By order.

No. 48] The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. 569 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

No. 369 Dated 04-04-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Mr. Ummar Mushtaq S/o Mushtaq Ahmad Malik R/o Budshah Nagar, Natipora, Mehboob Colony Sector-A, Srinagar vide

Notification No. 1335 dated 12-12-2017 has been declared as absolute/ final.

By order.

No. 370 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Mr. Sohit Lalhal S/o Ravinder Kumar R/o Bani,

Kathua vide Notification No. 1346 dated 02-01-2019 has been declared as absolute/final.

By order.

No. 371 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Ms. Manjeet Kour D/o Harbhajan Singh R/o H. No. 90, Sector-2, Model Town, Gangyal, Jammu vide Notification

No. 1678 dated 29-03-2019 has been declared as absolute/final.

By order.

No. 372 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Ankush Basotra S/o Anil Basotra R/o H.

570 The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. [ No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

No. 2, Jullaka Mohalla, Jain Bazar, Jammu vide Notification No. 562

dated 01-12-2015 has been declared as absolute/final.

By order.

No. 373 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Ms. Seherish Andrabi D/o Syed Noor-U-Din

Andrabi R/o Andrabi Cottages, JK Bank Road, Tehsil Kreeri, District Baramulla vide Notification No. 329 dated 06-06-2016 has been

declared as absolute/final.

By order.

No. 374 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Neeraj Singh S/o Anchal Singh R/o Near

Shiv Mandir, Tridwan, Kathua (Hatli), Kathua vide Notification

No. 1362 dated 03-01-2019 has been declared as absolute/final.

By order.

No. 375 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Ms. Syed Ishrat D/o Syed Altaf Hussain R/o

Tilgam, Pattan, Baramulla vide Notification No. 37 dated 16-05-2019 has been declared as absolute/final.

By order.

No. 48] The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. 571 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

No. 376 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Mr. Mohd Shafi S/o Mohd Hussain R/o Dhar Sakri, Ward No. 8, (Hill) Koteranka, District Rajouri vide Notification

No. 87 dated 17-06-2019 has been declared as absolute/final.

By order.

No. 377 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Sahil Sangra S/o Surinder Kumar R/o

Rajinder Pora, Tehsil Vijaypur, District Samba vide Notification

No. 1660 dated 29-03-2019 has been declared as absolute/final.

By order.

No. 378 Dated 04-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Mohd Inzamam Mir S/o Mohd Arshad Mir

R/o W. No. 3, Batote, Mir Mohalla, Ramban vide Notification No. 1373 dated 04-01-2019 has been declared as absolute/final.

By order.

No. 380 Dated 05-12-2020.

It is hereby notified that vide High Court Order dated 25-11-2020

Mr. Hemayoon Azad S/o Mohammad Akbar Lone R/o Hardu Dalwan 572 The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. [ No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Futlipora, Tehsil Charar-I-Shafief, District Budgam has been admitted

and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar

Council provisionally for a period of one year from the date of issuance

of this notification, subject to the verification of his Provisional/LL.B

Degree Certificate from the concerned University and verification of his

character and antecedents from CID. His name has been entered under

Serial No. JK-374/2020 in the Roll of Advocates maintained by this

Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

No. 381 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Mr. Javaid Ahmad Dar S/o Abdul Rashid Dar

R/o Batwina, Baghwanpora, Ganderbal vide Notification No. 564 dated

07-08-2018 has been declared as absolute/final.

By order.

No. 382 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates

Act, 1961 in favour of Mr. Ovais Rashid Malik S/o Ab. Rashid Malik

R/o Malik Mohalla, Trehgam, Kupwara vide Notification No. 862 dated

17-10-2018 has been declared as absolute/final.

By order.

No. 48] The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. 573 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

No. 383 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Ifra Nasir D/o Kh. Hassan Nasir R/o Chanda Pora Habba Kadal, Srinagar A/P Kamdehrull Homes Flat No. 701, G Block Tope Sherkhania, Jammu vide Notification No. 715 dated 14-08-2017 has been declared as absolute/final.

By order.

No. 384 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Syed Tayoub Bukhari S/o Mumtaz Hussain Shah R/o Kallar Kattel, Tehsil Surankote, District Poonch vide Notification No. 1634 dated 05-03-2018 has been declared as absolute/ final.

By order.

No. 385 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Malvika Uppal D/o Nirdosh Uppal R/o E-29, Dashamesh Nagar, Jammu vide Notification No. 1705 dated 30-03-2019 has been declared as absolute/final.

By order.

No. 386 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Shayesta Bano D/o Gh. Ahmad Magray 574 The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. [ No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

R/o Hathbora, Kambay Pora, Tehsil Tulamulla, District Ganderbal vide Notification No. 178 dated 18-06-2019 has been declared as absolute/ final.

By order.

No. 387 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Pratibha Sharma D/o Ravi Kumar Sharma R/o H. No. 84, Opposite Anand Bartan Store, Patta Bohri Chungi, Talab Tillo, Jammu vide Notification No. 812 dated 01-03-2013 has been declared as absolute/final.

By order.

No. 388 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Rahila D/o Gulam Mohammad Dar R/o Drangabal Pampore, Pulwama vide Notification No. 583 dated 07-08-2018 has been declared as absolute/final.

By order.

No. 389 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Irfan Bin Aijaz S/o Aijaz Ahmad Bhat R/o Nowgam, Khawajapora, Srinagar vide Notification No. 1854 dated 15-03-2018 has been declared as absolute/final.

By order.

No. 48] The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. 575 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

No. 390 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Tahira Gul D/o Ghulam Mohamad Wani R/o Marinder Bagh, Merak Abad, Shalimar, Srinagar A/P Vakil Colony, Gandtel, New Theed, Harwan, Srinagar vide Notification No. 846 dated 17-08-2017 has been declared as absolute/final.

By order.

No. 391 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Mehvish Jan D/o Farooq Ahmad Bhat R/o Chowdhary Bagh, Bhat Mohalla Rainawari, Srinagar vide Notification No. 568 dated 07-08-2018 has been declared as absolute/final.

By order.

No. 392 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Shrda Langer D/o Rajeev Langer R/o 574-A, Gandhi Nagar, Jammu vide Notification No. 1876 dated 15-03-2018 has been declared as absolute/final.

By order.

No. 393 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Shoqi Jan D/o Gh. Ahmed Magray R/o Akad 576 The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. [ No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

P/O Sheer Hamdan, Bona Mohalla, Anantnag vide Notification No. 855

dated 17-08-2017 has been declared as absolute/final.

By order.

No. 394 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Azaz Ahmed S/o Toofiq Ahmed R/o Habib Nagar, P/O Samote, Surankote, Poonch vide Notification No. 1239

dated 01-01-2019 has been declared as absolute/final.

By order.

No. 395 Dated 07-12-2020.

Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Safoora Javeed D/o Javeed Ahmad Mantoo R/o 158-Kursoo, Rajbagh, Srinagar vide Notification No. 1713 dated 30-03-2019 has been declared as absolute/final.

By order.

No. 396 Dated 07-12-2020.

Provisional admission granted under Advocates Act, 1961 in favour

of Ms. Ranju Kumari D/o Charanjeet Singh R/o Dron Kirani, Thatari,

Doda vide Notification No. 1704 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.

No. 48] The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. 577 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

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. 397 Dated 08-12-2020.

It is hereby notified that vide High Court Order dated 25-11-2020

Mr. Yawar Ahmad Mir S/o Javid Ahmad Mir R/o Batpora, Tehsil Mattan,

District Anantnag has been admitted and enrolled as an Advocate on the

Rolls of Jammu and Kashmir Bar Council provisionally for a period of

one year from the date of issuance of this notification, subject to the

verification of his Provisional/LL.B Degree Certificate from the

concerned University and verification of his character and antecedents

from CID. His name has been entered under Serial No. JK-350/2020

in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

No. 398 Dated 08-12-2020.

It is hereby notified that vide High Court Order dated 25-11-2020

Ms. Birjis Qadr D/o Naseer Ahmad R/o Beigh Pora, Bagh-e-Mehtab,

Chanapora, Srinagar has been admitted and enrolled as an Advocate on

the Rolls of Jammu and Kashmir Bar Council provisionally for a period

of one year from the date of issuance of this notification, subject to

the verification of her Provisional/LL.B Degree Certificate from the

concerned University and verification of her character and antecedents

from CID. Her name has been entered under Serial No. JK-364/2020

in the Roll of Advocates maintained by this Registry.

578 The J&K Official Gazette, the 25th Feb., 2021/6th Phal., 1942. [ No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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. 399 Dated 08-12-2020.

It is hereby notified that vide High Court Order dated 25-11-2020

Ms. Saima Gull D/o Gull Mohd Parry R/o Checkpora, Mohalla Usman

Chowk, Tehsil and District Kulgam has been admitted and enrolled as

an Advocate on the Rolls of Jammu and Kashmir Bar Council

provisionally for a period of one year from the date of issuance of this

notification, subject to the verification of her Provisional/LL.B Degree

Certificate from the concerned University and verification of her

character and antecedents from CID. Her name has been entered under

Serial No. JK-430/2020 in the Roll of Advocates maintained by this

Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

(Sd.) MOHAMMAD YASIN BEIGH,

Registrar (Adm.) THE JAMMU AND KASHMIR GOVERNMENT GAZETTE –––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 25th Feb., 2021/6th Phal., 1942. [ No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation ––––––––––––––––––––––––––––––––––––––––––––––––––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION

Subject :—Constitution of Auction Committee for Conducting Auction of Structures at Fatehpora (I&FC Colony, Baramulla).

Dated 18-01-2021.

Sanction is hereby accorded to the constitution of Auction Committee,

comprising the following, for conducting auction of 13 number of structures

for facilitating construction of transit accommodation for Kashmiri Migrant Employees at Fatehpora (I&FC Colony, Baramulla) :—

1. Additional District Development Commissioner, Chairman

Baramulla.

2. Superintending Engineer (R&B), Circle Member-

Baramulla, Kupwara. Secretary 604 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3. Chief Accounts Officer-Office of Relief and Member

Rehabilitation Commissioner, J&K, Jammu.

4. Executive Engineer (R&B), Division Baramulla. Member

5. Divisional Forest Officer, Social Forestry, Member

Baramulla.

6. District Mineral Officer, Baramulla. Member

7. Assistant Accounts Officer (R&B), Member

Division Baramulla.

Terms of Reference :

(i) To fix the Reserve Price for the bid as per laid down norms

before auction of the Structures ;

(ii) To ensure that no bid below the Reserve Price shall be

considered/accepted ;

(iii) To deposit the proceeds obtained from the auction in the Government treasury as Revenue Miscellaneous under Major Head 0070-AS ;

(iv) To ensure that auction is carried out as per the norms/procedure

laid down in GFR 2017 ;

(v) To ensure utilization of material as may remain outside the purview of auction of structures as far as possible in new construction and to make sure that the amount thereof is deducted from the work done bill of the contractor.

By order of the Government of Jammu and Kashmir.

(Sd.) MANOJ KUMAR DWIVEDI, IAS,

Commissioner/Secretary to the Government.

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Dated 22-06-2020.

Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of Dudwar Chanti road by PMGSY in Village Ganshana, Tehsil Bhalessa, District Doda ;

No. 48] The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. 605 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, on the basis of an indent placed by the Chief Engineer,

PMGSY, Division JKRRDA, Jammu a notification under section 4 (1) was

issued by the Collector, Land Acquisition (SDM), Gandoh vide letter No.

338-44/LAC dated 27-09-2019, for land measuring 13 Kanals and 15 Marlas,

situated in Village Ganshana, Tehsil Bhalessa, District Doda ;

Whereas, the Collector, Land Acquisition (SDM), Gandoh, vide letter

No. 636-37/LAC 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),

Gandoh, vide letter referred to above duly endorsed by District Collector,

Land Acquisition (DC), Doda vide No. 547/LAC/D/19 dated 28-10-2019

duly endorsed by the Divisional Commissioner, Jammu vide No. 502/3943/

PMGSY/Ganshana/19/Doda/3086 dated 21-12-2019 and endorsed by the

Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5184/

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 ;

Wheress, the Government is satisfied thet the land particulars whereof

are given above is required for public purpose viz. for construction of Dudwar

Chanti road by PMGSY in Village Ganshana, Tehsil Bhalessa, 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

13 Kanals and 15 Marlas, situated in Village Ganshana, Tehsil Bhalessa,

District Dada, for construction of Dudwar Chanti road in Village Ganshana.

Further, the Collector, Land Acquisition (SDM), Gandoh is directed under

section 7 of the said Act to take orders for acquisition of the said land after

giving 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 606 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————

K. M.

Doda Gandoh Ghanshana 105/5 min 00-15

105/5 min 00-15

105/5 min 00-02

105/5 min 00-04

105/5 min 00-06

45/1 min 00-02

45/2 min 00-03

45/2 min 01-14

45/3 min 00-10

45/3 min 00-12

45/3 min 00-06

45/3 min 00-04

45/3 min 00-10

45/3 min 01-08

45/3 min 03-00 No. 48] The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. 607 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————

K. M.

62 min 00-12

135/65 min 00-10

––––––

Total 13-15

–––––– ______

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Dated 22-06-2020.

Whereas the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of Link Road Khojgam to Loiedhar, Phase-III by PWD situated in Village Dhar, Tehsil Mughalmaidan, District Kishtwar ;

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 (SDM), Chhatroo, vide letter No. SDM/C/LA/17/30-36 dated 04-04-2018 for land measuring 55 Kanals and 18 Marlas in Village Dhar, Tehsil Mugalmaidan and District Kishtwar for construction of Link Road Khojgam to Loiedhar, Phase-III by PWD ;

Whereas, the Collector, Land Acquisition (SDM), Chhatroo, vide letter No. SDMC/LA/19/146 dated 28-09-2019 has reported that the notification

issued under section 4 (1) of the J&K State Land Acquisition Act by him was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/ interested persons within the prescribed period as required under sections 5 & 5-A of the Land Acquisition Act ;

Whereas, the report furnished by Collector, Land Acquisition (SDM),

Chhatroo vide letter referred to above duly endorsed by District Collector, Land Acquisition (DC), Kishtwar vide No. DCK/LA/2019/595-604 dated 30-09-2019, duly endorsed by Divisional Commissioner, Jammu vide No. 502/3707/PWD/Dhar/Kishtwar/19/2509 dated l5-10-2019 and Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5042/2019 608 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– dated 23-10-2019 has been examined and it has been found that the land owners did 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 link

road Khojgam to Loiedhar, Phase-III by PWD.

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring 55 Kanals and 18 Marlas in Village Dhar, Tehsil Mugalmaidan and District Kishtwar for construction of Link Road Khojgam to Loiedhar, Phase-III by PWD. Further, the Collector, Land Acquisition (SDM), Chhatroo 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 the Government,

Revenue Department.

District Tehsil Village Kh. Nos. Area

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

1 2 3 4 5

———————————————————————————————

K. M.

Kishtwar Mughalmaidan Dhar 555 min 01-12

555 min 02-00

522 00-19

523 03-01

522 01-05 No. 48] T h e J & K G o v t . G a z e t t e , 25th Feb., 2021/6th Phal., 1942. 609 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

———————————————————————————————

K. M.

555 min 03-08

1144/627 00-13

627 min 01-13

626 00-07

628 01-09

638 min 01-03

632 00-15

636 00-15

637 01-19

1159/639 00-02

633 min 01-05

676 min 01-03

682 00-12

684 01-18

680 01-06

674 00-11

673 00-12

1051/668 01-09

491 01-15

499 01-13

500 00-09

487 04-02

484 00-11

474 min 03-05

1111/1054/502 02-19

505 04-19

504 03-13

429 00-06

423 02-09

––––– Grand Total 55-18 –––––

610 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Dated 22-06-2020.

Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of Khojgam to Loie Dhar, Phase-III Link Road under PWD (R&B) situated in Village Dhar, Tehsil Mugalmaidan and District Kishatwar ;

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 Acquistion (SDM), Chhatroo, vide letter No. SDM/ C/LA/17/23-29 dated 04-04-2018 for land measuring 20 Kanals and 01 Marla in Village Dhar, Tehsil Mugalmaidan and District Kishtwar for construction of Khojgam to Loie Dhar, Phase-III link road under

PWD (R&B) ;

Whereas, the Collector, Land Acquisition (SDM), Chhatroo, vide letter No. SDMC/LA/19/252 dated 03-10-2019 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), Chhatroo vide letter referred to above duly endorsed by District Collector, Land Acquisition (DC), Kishtwar vide No. DCK/LA/2019/623 dated

05-10-2019, duly endorsed by Divisional Commissioner, Jammu vide No. 502/3786/PWD/Dhar/Kishtwar/19/2928 dated 27-11-2019 and Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5058/2020 dated 16-03-2020 has been examined and it has been found that the land owners did not file any objection to the proposec acquisition ;

Whereas, the Government is satisfied that the land particulars whereof

are given above is required for public purpose viz. for construction of Khojgam to Loie Dhar, Phase-III link 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 20 Kanals and 01 Marla in Village Dhar, Tehsil Mugalmaidan and District No. 48] The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. 611 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Kishtwar for construction of Khojgam to Loie Dhar, Phase-III link road

under PWD (R&B).

Further, the Collector, Land Acquistion (SDM), Chhatroo 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.

District Tehsil Village Kh. Nos. Area

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

1 2 3 4 5

———————————————————————————————

K. M.

Kisthwar Mughalmaidan Dhar 824 02-11

825 00-15

977/827 min 00-05

826 01-08

977/827 min 01-03

653 01-11

652 min 02-14

652 min 00-04

652 min 02-05 612 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

———————————————————————————————

K. M.

650 02-08

623 00-18

625 min 01-05

626 02-14

–––––

Grand Total 20-01 –––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Dated 24-06-2020.

Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of road from Katyara to Kanser via Haddal Km 2nd under PWD (R&B) situated in Village Haddal, Tehsil Bhaderwah, District Doda ;

Whereas, on the basis of an indent placed by Chief Engineer, PWD (R&B), Division Bhaderwah, a notification under section 4 (1) was issued by Collector, Land Acquisition (ADC), Bhaderwah, vide letter No. ADC/ LAC/18-19/866-72 dated 14-10-2019 for the land measuring 19 Kanals, 11 Marlas in Village Haddal, Tehsil Bhaderwah, District Doda for construction of road from Katyara to Kanser via Haddal Km 2nd under PWD (R&B) ;

Whereas, the Collector, Land Acquisition (ADC), Bhaderwah, vide letter No. LAC/ADC/19-20/976-77 dated 23-10-2019 has reported that the notification issued under section 4 (1) of the J&K State Land Acquisition Act by him was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons within the prescribed period as required under sections 5 & 5-A of the Land Acquisition Act ;

Whereas, the report furnished by Collector, Land Acquisition (ADC), Bhaderwah, vide letter referred to above duly endorsed by District Collector, Land Acquisition (DC), Doda, vide No. 532/LAC/D/19 dated 28-10-2019, Divisional Commissioner, Jammu vide No. 502/3935/PWD/Haddal/Doda/ No. 48] The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. 613 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 19/2914 dated 27-11-2019 and Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5174/2020 dated 11-05-2020 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for construction of road from Katyara to Kanser via Haddal Km 2nd 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 19 Kanals, 11 Marlas in Village Haddal, Tehsil Bhaderwah, District Doda for construction of road from Katyara to Kanser via Haddal Km 2nd 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.

K. M.

Doda Bhaderwah Haddal 146 01-00½

147 00-02

148 00-12½

145 00-01

149 00-04 614 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5 ———————————————————————————————

K. M.

206 00-03

204 00-11

203 00-10½

202 00-19

201 00-09

200 00-07

198 00-03½

196 00-06

195 00-13

368 00-04

378 00-03

530/373 00-05

374 00-03

354 00-11

357 00-02

355 00-03

356 00-02

521/348 01-00

338 00-03

325 00-01

329 00-01

323 00-05

334 min 00-16

334 min 00-19 No. 48] The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. 615 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————

K. M.

332 00-01

333 00-05

336 00-08

337 00-11

335 01-11½

395 01-08½

394 00-01

393 00-03

389 00-09

388 00-11

387 00-06

385 00-07

398 01-09

–––––

Total 19-11

–––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Dated 22-06-2020.

Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of road from Chingus to Rani Bandhetar under PMGSY situated in Village Rani Badhetar, Tehsil

Nowshera, District Rajouri ;

616 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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), Nowshera, vide letter No. ADC/

NSR/LA/2019-20/108-112 dated 28-10-2019 for land measuring 44 Kanals,

13 Marlas situated in Village Rani Bandhetar, Tehsil Nowshera, District

Rajouri for construction of road from Chingus to Rani Badhetar under

PMGSY ;

Whereas, the Collector, Land Acquisition (ADC), Nowshera vide letter

No. ADC/NSR/LA/2019-20/123-24 Dated 24-12-2019 has reported that

the notification issued under section 4 (1) of the J&K State Land Acquisition

Act by him was served upon the interested persons for filing objections, if

any, to the proposed acquisition, but no objection was received from the

land owners/interested persons within the prescribed period as required

under sections 5 & 5-A of the Land Acquisition Act ;

Whereas, the report furnished by Collector, Land Acquisition (ADC),

Nowshera, vide letter referred to above duly endorsed by District Collector,

Land Acquisition (DC), Rajouri vide No. AC/LA/845-46 dated 27-01-2020

Divisional Commissioner, Jammu vide No. 502/4110/PMGSY/Rani

Badhetar/Raj/20/4393 dated 13-02-2020 and Financial Commissioner,

Revenue, J&K Jammu vide No. FC-LS/LA-5170/2020 dated 14-05-2020

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 Chingus to Rani Badhetar 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

44 Kanals, 13 Marlas situated in Village Rani Bandhetar, Tehsil Nowshera,

District Rajouri for construction of road from Chingus to Rani Badhetar

under PMGSY. Further, the Collector, Land Acquistion (ADC), Nowshera

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 No. 48] The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. 617 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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.

District Tehsil Village Kh. Nos. Area

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

1 2 3 4 5

———————————————————————————————

K. M.

Rajouri Nowshera Rani Badheter 146 pt 06-06

146 pt 03-15

180 pt 02-10

176 pt 00-08

153 pt 01-01

150 pt 03-06

135 pt 00-13

138 pt 02-17

122/1 02-01

146 pt 00-43

146 pt 06-09

178 pt 02-15

175 pt 03-08

152 pt 01-04

133 pt 01-17 618 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

———————————————————————————————

K. M.

137 pt 00-09

122/2 pt 02-15

122 pt 02-06

–––––

G. Total 44-13

–––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

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 2x4 MW Small Hydroelectric Project at Boniyar in Estate Maidanan situated at Village Banali and Trikanjan, Tehsil Boniyar, District Baramulla ;

Whereas, on the basis of an indent placed by Chief Engineer, Civil Investigation and Design Wing, PDC, Srinagar, a notification under section 4 (1) was issued by Collector, Land Acquisition (SDM), Uri, vide letter No. SDM/LA/Uri/19/1197-1204 dated 27-01-2010 read with Corrigendum No. CLAU/LA/SHP/02 dated 23-12-2017, for land measuring 22 Kanals situated in Village Banali and Trikanjan, Tehsil Boniyar, District Baramulla, for construction of 2x4 MW Small Hydroelectric Project at Boniyar in Estate Maidanan ;

Whereas, the Collector, Land Acquisition (SDM), Uri, vide No. SDM/ Uri/18/15/LA dated 15-03-2019, 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&5A of the Land Acquisition Act ;

Whereas, the report furnished by Collector, Land Acquisition (SDM), Uri, vide letter referred to above duly endorsed by District Collector (DC), No. 48] The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. 619 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Baramulla vide letter No. DCB/LA/SHP/2019/02 dated 18-10-2019 Divisional Commissioner, Kashmir vide No. Div.Com/LAS-3329/6739 dated 02-11-2019 and by Financial Commissioner, Revenue vide No. FC-LS/LA/5160/2020 dated 16-03-2020 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 ccnstruction of 2x4 MW Small Hydroelectric Project at Boniyar in Estate Maidanan.

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring 22 Kanals situated in Village Banali and Trikanjan, Tehsil Boniyar, District Baramulla, for construction of 2x4 MW Small Hydroelectric Project at Boniyar in Estate Maidanan. Further, the Collector, Land Acquisition (SDM), Uri 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.

(Sd.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to Government, Revenue Department.

K. M. Baramulla Boniyar Banali 78 00-01 Trikanjan 77 01-00 519 00-04 620 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

———————————————————————————————

K. M.

522 06-06

520 00-04

524 01-03

523 00-05

513 02-17

515 00-11

521 01-12

514 01-11

535 00-15

867/516 04-08

664/642/533 00-09

696/668/533 01-00

534 00-13

–––––

Total 22-00

–––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Dated 24-06-2020.

Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of Mathola-Topri via Bhanderbagg link road under PWD (R&B) situated in Village Mathola,

Tehsil Bhaderwah, District Doda ;

Whereas, on the basis of an indent placed by Chief Engineer, PWD (R&B), Jammu, a notification under section 4 (1) was issued by Collector, Land Acquisition (ADC), Bhaderwah, vide letter No. ADC/LAC/18-19/ 651-57 dated 01-10-2019 for land measuring 35 Kanals, 01 Marla in Village No. 48] The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. 621 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Mathola, Tehsil Bhaderwah, District Doda for construction of Mathola- Topri via Bhanderbagg link road under PWD (R&B) ;

Whereas, the Collector, Land Acquisition (ACR), Doda vide letter No. 1314/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 Acqutsrtion 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. 459/LAC/D/19 dated 21-10-2019, Divisional Commissioner, Jammu vide No. 502/3885/PWD/Mathola/D/ 19/2895-96 dated 27-11-2019 and Financial Commissioner, Revenue, J&K Jammu vide No. FC- LS/LA-5174/2020 dated 11-05-2020 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;

Whereas, the Governrnent is satisfied that the land particulars whereof are given above is required for public purpose viz. for construction of Mathola-Topri via Bhanderbagg link 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 35 Kanals, 01 Marla in Village Mathola, Tehsil Bhaderwah, District Doda for construction of Mathola-Topri via Bhanderbagg link road under PWD (R&B). 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 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.

622 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure-A

K. M.

Doda Bhaderwah Mathola 56 min 00-10

57 min 00-09

58 min 01-11

71 min 01-01

71 min 00-12

71 min 00-06

72 min 01-08

72 min 01-02

114 min 01-05

118 00-06

118 min 01-00

119 min 00-10

120 min 00-13

121 min 00-06

122 min 00-19

156 01-00

166 min 01-00

189 min 00-13

190 00-17

191 min 00-09

191 min 01-04

No.  48] The   J&K  Govt.  Gazette, 25th  Feb.,  2021/6th  Phal., 1942. 623
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
   1         2             3              4             5
———————————————————————————————
                                                      K.  M.
                                          191 min     00-10
                                          194 min     00-08
                                          195 min     01-00
                                          224 min     00-16
                                          224 min     02-03
                                          225 min     00-10
                                          226 min     01-04
                                          229 min     00-11
                                          230 min     00-07
                                          230 min     00-06
                                          231 min     01-06
                                          233         00-15
                                          233 min     00-05
                                          234 min     00-06
                                          235 min     00-12
                                          235 min     01-11
                                          235 min     00-02
                                          235 min     00-06
                                          357 min     00-06
                                          362 min     01-03
                                          363 min     00-07
                                          406 min     00-09
                                          406 min     00-09
                                          406 min     01-16
                                                      –––––
                                              Total   35-01

–––––

624 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Dated 22-06-2020.

Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of road from Kandote to Indrallah under PMGSY situated at Village Kandote, Tehsil Thathri, District Doda ;

Whereas, on the basis of an indent placed by Chief Engineer, PMGSY, Jammu, a notification under section 4 (1) was issued by the Collector, Land Acquisition (SDM), Thathri vide letter No. SDM/T/LAC/ 242-50 dated 04-10-2019, for land measuring 21 Kanals, 08½ Marlas situated at Village Kandote, Tehsil Thathri, District Doda for construction of road from Kandote to Indrallah under PMGSY ;

Whereas, the Collector, Land Acquisition (SDM), Thathri vide letter No. SDM/T/LAC/2019-20/384-85 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 (ADC), Bhaderwah vide letter referred to above duly endorsed by District Collector, Land Acquisition (DC), Doda vide No. 542/LAC/D/19 dated 28-10-2019 Divisional Commissioner, Jammu vide No. 502/3946/PMGSY/Kandrote/ 19/Doda/4029 dated 23-12-2019 and Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5186/2020 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 road from Kandote to Indrallah 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 21 Kanals, 08½ Marlas situated at Village Kandote, Tehsil Thathri, District Doda for construction of road from Kandote to Indrallah under PMGSY. 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 No. 48] The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. 625 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– giving pescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.

force, while making the award.

(Sd.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to Government,

Revenue Department.

District Tehsil Village Kh. Nos. Area Kind of

land

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

1 2 3 4 5 6

———————————————————————————————

K. M.

Doda Thathri Kandote 340 01-2½ Udar

79 02-3½ G. M.

341 00-09 Udar

79 00-08 G. M.

320 00-0½ Udar

347 00-05 Udar

79 00-17 G. M.

348 00-04 Udar

79 01-00 G. M.

357 00-02 B. Q.

79 00-08 G. M.

349 01-3½ Udar

350 00-14 Udar 626 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5 ———————————————————————————————

K. M.

351 00-16½ Udar

315 00-14 Udar

315 00-07 B. Q.

332 02-00 Udar

00-10½ B. Q.

331 02-3½ B. Q.

634/632/327 00-19 B. Q.

634/632/327 01-17 Udar

330 02-12 Udar

634/632/327 00-13 B. Q.

–––––

Total 21-8½

––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Dated 24-06-2020.

Whereas, the land, specifications whereof are given in Annexure-"A"

to this notification is required for construction of PWD road from Gulmana Parsholla to Bridge at Sheva Dal situated in Village Parsholla, Tehsil Mohalla, District Doda ;

dated 18-04-2016 for land measuring 19 Kanals, 10 Marlas in Village Parsholla, Tehsil Mohalla, District Doda for construction of PWD road from Gulmana Parsholla to Bridge at Sheva Dal ;

Whereas, the Collector, Land Acquisition (ACR), Doda vide letter No. 1263-68/ Acq dated 10-10-2019 has reported that the notification issued No. 48] The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. 627 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 435/LAC/D/19 dated 15-10-2019,

Divisional Commissioner, Jammu vide No. 502/3837/PWD/Parsolla/

D/19/2661 dated 30-10-2019 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 PWD

road from Gulmana Parsholla to Bridge at Sheva Dal.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that the land measuring

19 Kanals, 10 Marlas in Village Parsholla, Tehsil Mohalla, District Doda for

construction of PWD road from Gulmana Parsholla to Bridge at Sheva

Dal. 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 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.

628 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure-A

District Tehsil Village Kh. Nos. Area

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

1 2 3 4 5

———————————————————————————————

K. M.

Doda Mohalla Parsholla 548 min 00-18

548 min 00-04

548 min 00-03

548 min 00-05

548 min 00-11

548 min 00-16

513 00-09

514 01-17

548 min 00-04

515 00-17

548 min 00-08

525 01-00

548 00-10

526 01-19

548 min 00-11

548 min 00-07

1171/532 01-05

548 min 00-08

1172/532 01-09

548 min 00-13

548 min 01-07

548 min 02-13

548 min 00-05

–––––

Total 19-10

–––––

No. 48] The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. 629 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Dated 24-06-2020.

Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of of PWD road from Gulman Parsholla to Bridge at Sheva Dal situated in Village Mohalla, Tehsil Mohalla, 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. 60-66/Acq dated 18-04-2016 for land measuring 44 Kanals, 05 Marlas in Village Mohalla Tehsil, District Doda for construction of PWD road from Gulman Parsholla to Bridge at Sheva ;

Whereas, the Collector, Land Acquisition (ACR), Doda vide letter No. 1257-62/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. 433/LAC/D/19 dated 15-10-2019, Divisional Commissioner, Jammu vide No. 502/3838/PWD/Mohalla/D/19/ 2650 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 PWD road from Gulman Parsholla to Bridge at Sheva Dal.

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring 44 Kanals, 05 Marlas in Village Mohalla, Tehsil and District Doda for construction of PWD road from Gulman Parsholla to Bridge at Sheva Dal. Further, the Collector, Land Acquisition (ACR), Doda is directed under 630 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

(Sd.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to Government, Revenue Department.

K. M.

Doda Mohalla Mohalla 1705/69 01-00

71 min 04-10

71 min 05-00

117 05-07

118 min 01-16

118 min 09-01

140 00-12

119 00-02

119 00-04

119 00-02

119 00-04

1755/398 04-17

1755/398 11-10

–––––

Total 44-05

–––––

No. 48] The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. 631 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Dated 16-06-2020.

Whereas, the land, specifications whereof are given in Annexure-"A" to this notification is required for construction of Joura Hurad to Shamdlian road under PMGSY situated in Village Joura Khurd, Tehsil Kahara, District Doda ;

Whereas, on the basis of an indent placed by Chief Engineer, PMGSY Jammu, a notification under section 4 (1) was issued by Collector, Land Acquisition (SDM), Thathri, vide letter No. SDM/T/LAC/234-41 dated 04- 10-2019 for land measuring 16 Kanals 10½ Marlas situated in Village Joura Khurd, Tehsil Kahara, District Doda for construction of Joura Khurd to Shamdlian road under PMGSY ;

Whereas, the Collector, Land Acquisition (SDM), Thathri vide No. SDM/T/LAC/2019-20/386-87 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. 552/LAC/D/19 dated 28-10-2019, Divisional Commissioner, Jammu vide No. 502/3925/PMGSY/Joura Khurad/ Doda/19/2700 dated 31-10-2019 and Financial Commissioner, Revenue, J&K, Jammu vide No. FC-LS/LA-5158/2020 dated 16-03-2020 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 Joura Khurd to Shamdlian road under PMGSY situated in Village Joura Khurd, Tehsil Kahara, District Dada.

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 Kanals 10½ Marlas situated in Village Joura Khurd, Tehsil Kahara, District Doda for construction of Joura Khurd to Shamdlian road under PMGSY 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.

632 The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

District Tehsil Village Kh. Nos. Area Kind of

land

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

1 2 3 4 5 6

———————————————————————————————

K. M.

Doda Kahara Joura Khurd 92 min 00-16 Udar

00-02 G. M.

78 min 00-2½ Udar 79 min 00-08 Udar 80 min 02-08 Hail

00-03 Udar

82 min 01-04 Hail 49 min 00-01 G. M. 17 00-05 Dadroo 21 04-08 Udar 00-08 B. Q. 257/23 01-07 Udar 23 min 00-10½ Udar 23 min 00-14½ Udar 23 min 01-02½ Udar 23 min 00-04 Udar 23 min 00-08 Udar 23 min 00-05½ Udar 23 min 00-13½ Udar 23 min 00-18 Udar 23 min 00-11½ Udar 23 min 00-10 Udar

–––––– Total 16-10½

–––––– THE JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 25th Feb., 2021/6th Phal., 1942. [ No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A

In pursuance of Government Order No. 93-JK (GAD) of 2021 dated 30-01-2021 issued by the General Administration Department vide endorsement No. GAD(Ser) Genl/104/2018-II dated 30-01-2021, I, Rejesh Sharma (KAS) do hereby assume the charge of the post of Custodian General, J&K today the 3rd of February, 2021 forenoon.

(Sd.) RAJESH SHARMA, KAS,

Custodian General, J&K, Jammu.

90 The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Certified that we have in the afternoon of this day respectively made over and received charge of the Office of Chief Medical Officer, Health and Family Welfare, Doda along with cash balance lying in Account No. CD-509 of Jammu and Kashmir Bank, Branch Ex-Doda as on 31-11-2020 A. N. of Rs. 95/- (Rupees Ninty-five) only last entry made in the cash book as well as drawal register.

The closing balance as on 30-11-2020 A. N. as per cash book and a

per bank statement is Rs. 95/- (Rupees Ninety-five) only.

Memo of the balane for which responsibility is accepted by the Officer,

Receiving Charge.

Permanent Advance : Rs. 95/- (Rupees 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.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 25th Feb., 2021/6th Phal., 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II–B

GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE DEPUTY COMMISSIONER, SAMBA.

Subject :—Amendment/Corrigendum in Form-I notification was issued by Deputy Commissioner, Samba for land measuring 394 Kanals and 11 Marlas situated at Village Arazi, Samba and Parel, Tehsil Samba under DEO Case No. KAS/7533/LH.

Whereas, Deputy Commissioner, Samba had issued notice in Form-I under sub-section (1) of section 7 of the J&K Requisition and Acquisition of Immovable Property Act, 1968 for land measuring 394 Kanals and 11 Marlas situated at Village Arazi, Samba and Parel vide No. DCS/LHS/SM/ 19-20/38-41 dated 11-05-2019 ;

338 The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942. [No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the Principal Secretary to Government, Home Department J&K Civil Secretariat, Srinagar, has issued Notice in Form-J under endorsement No. Home/CL-39/97 dated 01-10-2019 for acquisition of said requisitioned land ;

Whereas, this office has re-examined the case file and the assami-wise list submitted by the Tehsildar, Samba, it has been found that the word 'Khewat' missing in S. No. 2 and also the name of land owners were left out in the S. Nos.10 and 24 ;

Whereas, vide this office letter No. DCS/LHS/20-21/228-29 dated 11-11-2020 Tehsildar, Samba was directed to provide the complete report of Assami-wise so that the necessary amendment/corrigendum be issued, if any, accordingly ;

Whereas, Tehsildar, Samba submitted the aforesaid requisite

information vide his letter No. OQ/273 dated 19-11-2020 ;

Whereas, on scrutiny of the documents submitte by Tehsildar, Samba with the notice in Form-I it was observed that there existed the word "Khewat" and name of land owners, which needed to be included in Form-I after rectification.

Therefore, on the basis of report of Tehsildar, Samba, I, Rohit Khajruia, Deputy Commissioner, Samba do hereby issue an amendment in the Form-I issued by the then Deputy Commissioner, Samba vide No. DCS/ LHS/SM/19-20/38-41 dated 11-05-2019 which is placed on record as follows :—

S. Name of Name of owners Name of Kh. Nos. Area

No. Village

tenants

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

1 2 3

4 5 6

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

K. M.

1. Arazi, 1. Alaf Din, 2. Feroz Din, Makbooza 48 07–04

Samba 3. Bhaga, 4. Bhadar Dheen, Military 55 00–13

5. Bhuru all son of Lal Dheen ——

Gujar R/o Arazi, Samba equal Total 07–17

share Mahajreen ——

No. 48] The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942. 339 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3

4 5 6

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

K. M.

2. do. Mohd. Jayi and other Khewat Makbooza 217/64 02–16

No. 1 36 Kls–16 Marlas Fata Military 295/67 01–18

Din and other Khewat No. 11, 296/67 02–18

115 Kanals 13 Marlas Mahajreen 297/68 14–12

75 07–09

74 03–07

––––

Total 33–00

––––

3 do. Fata Din, Taj Din S/o Nura Gujar Makbooza 69 12–12

equal share Mahajreen Custodian Military

Property, Jammu

4 do. 1. Subash Chander, 2. Romesh Makbooza 60 06–00

Chander sons of Shana equal Military

share @ one share R/o Arazi,

Samba

5 do. Ajit Kumar, Des Raj, Subash Makbooza 60 14–16

Chander, Romesh Kumar S/o Military 62 01–03

Shana Ram, Parkasho Devi, Purno 72 05–00

Devi, Raj Devi all daughters of

–––––

Shana Ram, Shano Devi Widow Total 20–19

of Shana all equal share Darshan

–––––

Kumar, Vicky Kumar sons, Jyoti

Devi, Anita Rani daughters of Taro

Devi one share

6 do. Mohd. Shafi and others Fateh Din Makbooza 309/297/68 08–00

co-share baya Anant Ram S/o Military

Makodu Brahmin R/o Khridi at

present Sarna Vendee baya Sarita

@ one share Ajit Kumar, Des Raj, 340 The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942. [No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3

4 5 6

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

K. M.

Subash Chander, Romesh Kumar

S/o Shana equal shares, Parkasho

Devi, Purni Devi, Raj daughter of

Shana equal shares eight shares.

Darshan Kumar, Vicky Kumar sons

Anita Rani, Jyoti Devi daughter of

Taro Devi equal shares one share @

one share. Rajesh Kumar, Raghbir

Chand Sons of Ganju, Shakuntla

Devi, Puro Devi, Biaso Devi, Deepa

Devi, Babli Devi, Bato Wd/o Gangu

equal shares @ one share Garu Ram,

Subash Chander, Bushan Ram Sons

of Mansa Ram equal shares @ one

share Mani Ram S/o Shiv Dayal @

one share Mahajreen.

7. do. Anant Ram S/o Mokodu Brahmin Makbooza 309/298/68 01–12

R/o Khridi Vendee Military

8 do. Lal Singh, Darshan Singh, Sarwan Makbooza 47 04–16

Singh sons of Kartar Singh equal Military 216/56 06–00

shares 18 shares, Ashu Devi

57 33–05

daughter of Kartar Singh two shares

–––––

@ ½ share, Lal Singh, Darshan Total 44–01

Singh, Sarban Singh sons of

–––––

Kartar Singh 18 shares, Ashu Devi

daughter of Bua Ditti Wd/o Kartar

Singh @ 1/6th share @ ½ share

Mehar Singh, Harbazan Singh,

Rampal Singh sons of Bano Ram

18 shares Asha Devi daughter

Sheela Devi Wd/o Bano Ram

two equal shares @ 1/6th share

@ ½ share, Chhankar Singh, No. 48] The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942. 341 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3

4 5 6

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

K. M.

Baldev Singh sons of Chhalo

Ram, Rani Devi, Koushlya

Devi D/o Chhalo Ram equal

shares, four shares @ ½ share

R/o Parel.

9 do. Rajesh Kumar, Raghbir Chand sons Makbooza 216/56 07–09

of Gangu, Sakuntla Devi, Puro Military 60 12–00

Devi, Baiso devi, Deepa Devi,

––––

Balli Devi daughter of Gangu, Total 19–09

Banto Devi Wd/o Gangu equal share.

––––

10 do. Mohd. Shafi and other Fateh Deen Makbooza 311/218/64 16–04

co-sharer Vendor Anant Ram S/o Military

Makodu Brahmin R/o Khridi at present

Sarna Vendee 1st vendor Bishan Dass,

Daya Ram, Pyara Ram sons of Gasitu

equal shares 21 shares. Kanta Devi,Vinay

daughters of Banti Devi Wd/o Gasito

three shares @ ¼ shares Ashok Kumar

Jallo Ram, Chuni Lal sons of Rasalo

21 shares Sakuntla Devi, Manna Devi

daughters of Shani Devi Wd/o Rasalo

equal shares three shares @ ¼ share.

Kuldeep Raj, Sat Pal sons equal shares, 10

shares Kauhslya Devi daughter, Sarswati

Devi Wd/o Munshi equal share two

shares @ ½ share R/o Mananu vendee.

11. do. Mandir Chatter Buj Maharaj Bahetmam Makbooza 78 40–00

Anant Ram S/o Ganga Ram Brahmin R/o Military 79 05–00

Arazi, Samba. Makhbooja 80 06–09

Rattan ––––

Chand, Total 51–09

Krishan ––––

Chand 342 The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942. [No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3

4 5 6

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

K. M.

Sat Pal, Sham Lal

Sons of Angat

Ram equal share

@ ½ share Paras

Ram S/o Kirpa

R a m @ ½ s h a r e

R / o S a m b a ,

M a h h t a m M a n d i r .

1 2 . d o . Shamlat Deh Makbooza 49 13–12

Military

Aqaf property

13. do. Shamlat Deh Makbooza 50 27–19

Military

Kahcharai

14. do. Shamlat Deh Makbooza 53 01–16

Military 61 00–12

Rafah Aam –––––

Total 02–08

–––––

15. do. Bachitru Ram, Tara Chand sons Makbooza 45 14–11

of Shahdu @ one share, Ram Pal, Military

Raj Kumar sons 8 shares, Baiso

Devi Wd/o Pritam Chand one

share Vikram Chand, Krishan

Chand sons of Punnu, Kunti Devi

D/o Punnu and Shanti Devi Wd/o

Punnu all equal shares five shares.

Ajay Kumar sons of Balwant Raj

one share @ one share. Parsidho,

Rugal sons of Sardhu, Taro, Kanta,

Jally daughtes equal five share @

one share R/o Arazi.

No. 48] The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942. 343 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3

4 5 6

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

K. M.

16. do. Shamlat Deh Allah Din and 52 00–11

others evacue 63 00–02

Makbooza 65 03–14

Military –––––

Total 04–07

–––––

17. do. State Land Punnu, Beli sons 59 05–05

of Kalu equal

Makbooza

Military

18. do. State Land Karan Chand, 51 04–08

Sat Pal, Baldev 52 00–10

Raj S/o Mangu 54 03–12

Ram equal share 215/56 08–07

Tabya Marzi –––––

Sarkar Total 16–17

Makbooza –––––

Military

19. do. State Land Mansa S/o 216/56 07–11

Sabad Pal Megh 60 12–00

Gair Maroosi –––––

Tabya Marzi Total 19–11

Sarkar –––––

Makbooza

Military

20. do. Shamlat Deh Makbooza 70 01–03

Military 344 The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942. [No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3

4 5 6

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

K–M

21. do. State Land Makbooza 46 00–15

Military 58 01–03

71 00–08

72 30–02

73 01–10

–––––

Total 33–08

–––––

22. do. State Land Makbooza 52 00–09

Military Kashat

Allaru, Jhagadhu,

Baju, Anatu sons

of Punu, Mahasha

R/o Deh illegal

possession

23. Parel State Land Makbooza 52 min 12–08

Military

24. Parel Ishar Dass S/o Thakur Dass Satish Dutta S/o 53 21–00

Davinder Dutta and Satish Dutta Om Parkash

Vaishno Dass 6 shares Shanti Devi, Military

Kanta Kumari, daughters Dan Devi

Wd/o Ishar Dass equal shares in 3

shares. Gotam Dutta, Sanjay Dutta

sons equal 10 shares, Manju Dutta

daughter Mohini Dutta Wd/o

Petember Nath equal share is 2

1 —————————————————————————————––––––––––––––	––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2	3 shares over ½ share. Prem Lata Dutta, Jagdev Dutta, Davinder Dutta, Satish Dutta, Narinder Dutta sons equal shares in 86 shares Darshana Devi, Meena Dutta, Neelam Dutta daughter and Padma Devi Wd/o Om Parksh equal share in 4 shares R/o Parel.	4	5 Total	6 K–M ––––– 394–11 –––––

1 —————————————————————————————––––––––––––––

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2

3 shares over ½ share. Prem Lata Dutta, Jagdev Dutta, Davinder Dutta, Satish Dutta, Narinder Dutta sons equal shares in 86 shares Darshana Devi, Meena Dutta, Neelam Dutta daughter and Padma Devi Wd/o Om Parksh equal share in 4 shares R/o Parel.

5 Total

6 K–M ––––– 394–11 –––––

(Sd.) ROHIT KHAJURIA, KAS,

Deputy Commissioner

(The Competent Authority under RAIP Act),

Samba.

Notice

I, Devender S/o Munshi Ram R/o A/p Air Force Station, Satwari

Cantt., ATC Section to Complex, Tehsil Jammu South, District Jammu

Permanent Address Loharwara (150), Bhiwani, Haryana have applying

for correction of my name and my father name which has been wrongly

written in my PAN Card as Devender Sharma instead of correct name

Deevender (my name) amd Munshi Ram Sharma instead of correct name

Munshi Ram. Objection, if any, may be conveyed to concerned authority

within seven days from date of publication of this notice.

It is certified that I have complied with other legal requirements in

this connection.

346 The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942. [No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Notice

My name is wrongly been written as Sonia Bhat instead of Deeksha Bhat in UTI Mutual Funds, Bahu Plaza, Jammu, Policy No. 593185593573

(old folio No. 500862865). Now I am applying for correction. Objection, if any, may be conveyed to UTI Mutual Funds, Bahu Plaza, Jammu within

seven days.

Deeksha Bhat D/o Kanya Lal Bhat

R/o Plot No. 20, Lane No. 271,

Swarn Vihar, Muthi, Jammu.

It is certified that I have complied with other legal requirements in

this connection.

I, Nissar Ahmad Mir S/o Ab. Rashid Mir R/o Chareel Lamber, Tehsil

Banihal, District Ramban working as Master in School Education Department, J&K Government (presently working in Govt. High School,

Chareel, Banihal, District Ramban). Declare that my father's name is

Ab. Rasheed Mir as per my basic educational records 10 class Diploma, PAN Card and some other documents. But my father's name is wrongly

mentioned as Abdul Rashid Mir in my Service Book. I declare that both name Ab. Rasheed Mir and Abdul Rashid Mir are names of one and the

same person i. e. my father. I declare that correct name of my father as

Ab. Rasheed Mir (as per my basic education records 10 class Deploma, PAN Card etc.

Notice

No Legal responsibility is accepted for the publication of

Advertisements/Public Notices in this Part of the Official Gazette of UT

of J&K. Persons notifying the Advertisements/Public Notices will

remain solely, responsible for the legal consequences and also for any

other misrepresentation etc.

By Order.

General Manager,

Ranbir Govt. Press, Jammu.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 25th Feb., 2021/6th Phal., 1942. [No. 48 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE GENERAL MANAGER, GOVERNMENT PRESS, SRINAGAR.

Sealed limited short term tender notice affixed with revenue stamps of Rs. 6/- are invited from registered firms/binders for binding/ sewing of Answer Sheets as per sample and specification given below, the printed sheets will be supplied by the department in full. The tenders inclusive of all charges should reach to the office of the undersigned by or before 13-02-2021 up to 1.00 P. M. The tenders are likely to be opened on the same day by the department. The payment on account of below detailed job shall be made to the successful tenderer after completion of job, subject to the satisfaction of the department. The successful tenderer shall have to complete the above jobs with full satisfaction of the department and have to deliver the material into the department within a week's time.

Description of Binding Job Size Quantity ————————————————————————————— Single Number on Title Page, 18"x24"/4 20,000 Nos. Gathering, Side Sewing and Final Size (as per Cutting of Answer Sheets of 16 lve. on approved printed paper sheets of 80 gsm. sample) 118 The J&K Official Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48 –––––––––––––––––––––––––––––––––––––––––––––––––––

1. The printed material shall be lifted from this department.

2. The successful tenderer should get the sample approved by the department before executing the job within one day of lifting of printed material.

3. The quality of the Binding Job should be very strictly as per the approved sample (Answer Sheet) provided by the department.

4. The successful tenderer shall have to execute an agreement with

this department on the prescribed format.

5. The interesting parties are requested to deposit earnest money of Rs. 3000/- in the shape of CDR/FDR pledged to General Manager, Government Press, Srinagar.

6. In case the successful tenderer backs out the contract or delays the contract, the undersigned shall be at liberty to impose a penalty @ 2% against the defaulting firm including forfeiture of CDR.

7. This department reserves the right to accept or reject any or

all tenders without assigning any reason thereof.

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

General Manager, Government Press, Srinagar.

No. 43-a] The J&K Offical Gazette, 22nd Jan., 2021/2nd Magha, 1942. Fri. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATI RAJ

Jammu, the 22nd January, 2021.

S O.-24.––In exercise of the powers conferred by section 80 of the J&K Panchayati Raj Act, 1989 and all other provisions enabling in this behalf, the Government hereby directs that sub-rule(3F) of rule 108-A of the Jammu and Kashmir Panchayati Raj Rules, 1996 shall be deemed to have been omitted ab initio.

By order of the Government of Jammu and Kashmir.

(Sd.) SHEETAL NANDA, IAS,

Secretary to Government.

No. 23-g] The J&K Official Gazette, 9th Sept., 2020/18th Bhad., 1942. Wed. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS (Judicial Administration Section)

Srinagar, the 9th of September, 2020.

SO-288.––In exercise of the powers conferred by section 3 of the Prevention of Corruption Act, 1988 (Central Act), (Act No. 49 of 1988) and in partial modification of Notification SRO-407 dated 17-06-2020, the Government hereby appoints Shri Mehmood Ahmad Chowdhary, District and Sessions Judge as Special Judge, Anticorruption within the territorial jurisdiction of Court of Additional District and Sessions Judge, Doda (designated Special Court under the Prevention of Corruption Act) for trial of offences specified in section 4 of the said Act.

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to Government.

EXTRAORDINARY REGD. NO. JK—33

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

Vol. 132] Jammu, Mon., the 9th Dec., 2019/18th Agra., 1941. [No. 36-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU (MERGER OF UNION TERRITORIES) ACT, 2019

[9th December, 2019.]

An Act to provide for merger of Union territories of Dadra and Nagar

Haveli and Daman and Diu and for matters connected therewith.

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 Dadra and Nagar Haveli and Daman and Diu (Merger of Union territories) Act, 2019.

2 The J&K Govt. Gazette, 9th Dec., 2019/18th Agra., 1941. [No. 36-6 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(2) It shall come into force on such date as the Central

Government may, by notification in the Official Gazette, appoint.

2. Definitions.—In this Act, unless the context otherwise

requires,—

(a) "appointed day" means the day on which the Central Government may, by notification in the Official Gazette, appoint;

(b) "existing Union territories" means the Union territories of Dadra and Nagar Haveli and Daman and Diu as existing immediately before the appointed day;

(c) "law" includes any enactment, Ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having a force of law in the whole or in any part of the existing Union territories immediately before the appointed day.

3. Formation of Union territory of Dadra and Nagar Haveli and Daman and Diu.—On and from the appointed day, there shall be formed a new Union territory to be known as the Union territory of Dadra and Nagar Haveli and Daman and Diu comprising the territory of the existing Union territories, namely :—

Dadra and Nagar Haveli and Daman and Diu,

and thereupon the said territories shall have ceased to form part of the existing Union territories.

4. Amendment of article 240 of Constitution.—In article 240 of the

Constitution, in clause (1),—

(i) for entry (c), the following entry shall be substituted,

namely :—

"(c) Dadra and Nagar Haveli and Daman and Diu ;";

(ii) entry (d) shall be omitted.

5. Amendment of First Schedule to Constitution.—On and from the appointed day, in the First Schedule to the Constitution, under the No. 36-6] The J&K Govt. Gazette, 9th Dec., 2019/18th Agra., 1941. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

heading "II. THE UNION TERRITORIES", for entries 4 and 5 and the corresponding entries relating thereto, the following shall be substituted, namely :— —————————————————————————————

Name Extent

————————————————————————————— "4. Dadra and Nagar Haveli The territory which immediately

and Daman and Diu before the eleventh day of August, 1961 was comprised in Free Dadra and Nagar Haveli and the territories specified in section 4 of the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987).".

6. Allocation of seats in House of People.—On and from the appointed day, there shall be allocated two seats to the Union territory of Dadra and Nagar Haveli and Daman and Diu in the House of the People and the First Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly.

7. Provisions as to sitting members.—(1) Every sitting members of the House of the People representing any Parliamentary constituency, which, on the appointed day, by virtue of the provisions of section 5, stands allotted, with or without alteration of boundaries, be deemed to have been elected to that House by that constituency.

Explanation.—For the purposes of this sub-section "parliamentary constituency" shall have the same meaning as assigned to it in the Representation of the People Act, 1950 (43 of 1950).

(2) The term of office of such members shall remain unaltered.

8. Extension of jurisdiction of High Court of Bombay.—On and from the appointed day, the jurisdiction of the High Court of Bombay 4 The J&K Govt. Gazette, 9th Dec., 2019/18th Agra., 1941. [No. 36-6 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

shall continue to extend to the Union territory of Dadra and Nagar Haveli and Daman and Diu.

9. Land and goods.—Subject to the other provisions of this Part, all land and all stores, articles and other goods held immediately before the appointed day, by the existing Union territories, shall, on and from that day, vest in the Union territory of Dadra and Nagar Haveli and Daman and Diu.

Explanation.—For the purposes of this section, the expression "land" includes immovable property of every kind and any rights in or over such property and the expression "goods" does not include coins, bank notes and currency notes.

10. Cash balances.—The total of the cash balances in all treasuries, the Reserve Bank of India, the State Bank of India and any nationalised bank, of the existing Union territories immediately before the appointed day shall be merged in the Union territory of Dadra and Nagar Haveli and Daman and Diu.

11. Arrears of tax.—(1) The right to recover arrears of any tax or duty (including arrears of land revenue) on any property situated in the existing Union territories shall vest in the Union territory of Dadra and Nagar Haveli and Daman and Diu.

(2) The right to recover arrears of any tax or duty, other than a tax or duty specified in sub-section (1), shall belong to the Union territory of Dadra and Nagar Haveli and Daman and Diu.

12. Right to recover loans and advances.—The right to recover any loans or advances made by the existing Union territories before the appointed day to any local body, society, agriculturist or other person shall belong to the Union territory of Dadra and Nagar Haveli and Daman and Diu.

13. Assets and liabilities of Union territory undertakings.—The assets and liabilities relating to any commercial undertaking of the existing Union territories shall vest in the Union territory of Dadra and Nagar Haveli and Daman and Diu.

No. 36-6] The J&K Govt. Gazette, 9th Dec., 2019/18th Agra., 1941. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

14. Refund of taxes collected in excess.—The liability of the Union

to refund—

(a) any tax or duty on property, including land revenue collected in excess shall go to the Union territory of Dadra and Nagar Haveli and Daman and Diu;

(b) any other tax or duty collected in excess shall go to the Union territory of Dadra and Nagar Haveli and Daman and Diu.

15. Provisions relating to All India Services.—The members of each of the All India Services borne on the existing Union territories cadre immediately before the appointed day shall continue to be in the cadre of the same service of the existing Union territory in which they stand allocated before the appointed day.

16. Provisions relating to other services.—(1) Every person employed in connection with the affairs of the existing Union territories and serving immediately before the appointed day in the existing Union territories shall, on and from that day,—

(a) continue to serve in connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu; and

(b) be deemed to be provisionally allotted to serve in connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu :

Provided that nothing in clause (b) shall apply to a person to whom the provisions of section 15 apply or to a person on deputation from any State.

(2) As soon as may be, after the appointed day, the Central Government shall by general or special order, determine whether every person referred to in clause (b) of sub-section (1) shall be finally allotted for service in the Union territory of Dadra and Nagar Haveli and Daman and Diu and the date with effect from which such allotment shall take effect or be deemed to have taken effect.

6 The J&K Govt. Gazette, 9th Dec., 2019/18th Agra., 1941. [No. 36-6 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(3) As soon as may be after the Central Government passes orders finally allotting an employee in terms of sub-section (2), the Union territory of Dadra and Nagar Haveli and Daman and Diu shall take steps to integrate the employee into the services under its control in accordance with such special or general orders or instructions as may be issued by the Central Government from time to time in this behalf.

(4) The Central Government may, by order establish one or more Advisory Committees for the purpose of assisting it in regard to ensuring of fair and equitable treatment to all persons affected by the provisions of this section and proper consideration of any representations made by such persons :

Provided that notwithstanding anything to the contrary contained in any law for the time being in force, no representation shall be against any order passed by the competent authority on matters arising out of the division and integration of services under this Act, on the expiry of three months from the date of publication or service of such order, whichever is earlier :

Provided further that, notwithstanding anything contained in the preceding proviso, the Central Government may suo motu or otherwise and for reasons to be recorded, reopen any matter and pass such order thereon, as may appear to it to be appropriate if it is satisfied that it is necessary so to do, in order to prevent any miscarriage of justice to any affected employee.

(5) Nothing in this section shall be deemed to affect, on or after the appointed day, the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu :

Provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub-section (1) or sub-section (2) shall not be varied to his disadvantage except with the previous approval of the Central Government.

(6) All services prior to the appointed day rendered by a person allotted under sub-section (2) in connection with the affairs of the existing Union territories shall, for the purposes of the rules regarding his conditions No. 36-6] The J&K Govt. Gazette, 9th Dec., 2019/18th Agra., 1941. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

of service, be deemed to have been rendered in connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu.

(7) The provisions of this section other than clause (a) of sub- section (1) shall not apply in relation to any person to whom the provisions of section 16 apply.

17. Extension of laws.—All laws which immediately before the appointed day extend to, or are in force in, existing Union territories shall, on and from the appointed day, continue to be in force in those areas in respect of which they were in force immediately before that day.

18. Power to construe laws.—Any court, tribunal or authority required or empowered to enforce any law extended to the Union territory of Dadra and Nagar Haveli and Daman and Diu by section 17 may, for the purpose of facilitating its application in relation to the Union territory of Dadra and Nagar Haveli and Daman and Diu, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

19. Power to adapt laws.—For the purpose of facilitating the application of any law in relation to the Union territory of Dadra and Nagar Haveli and Daman and Diu, the Central Government may, before the expiration of two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.

20. Legal proceedings.—Where, immediately before the appointed day, the existing Union territories is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the Union territory of Dadra and Nagar Haveli and Daman and Diu under this Act, the Union territory of Dadra and Nagar Haveli and Daman and Diu shall be deemed to be substituted for the existing Union territories as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

8 The J&K Govt. Gazette, 9th Dec., 2019/18th Agra., 1941. [No. 36-6 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

21. Transfer of pending proceeding.—(1) Every proceeding pending immediately before the appointed day before any court (other than a High Court), tribunal, authority or officer in any area which on that day falls within the existing Union territories shall, stand transferred to the corresponding court, tribunal, authority or officer in the Union territory of Dadra and Nagar Haveli and Daman and Diu.

(2) In this section,—

(a) "proceeding" includes any suit, case or appeal; and

(b) "corresponding court, tribunal, authority or officer", in the Union territory of Dadra and Nagar Haveli and Daman and Diu, means—

(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have laid if the proceeding had been instituted after the appointed day, or

(ii) in case of doubt, such court, tribunal, authority or officer in that Union territory as may be determined after the appointed day by the Administrator of the Union territory of Dadra and Nagar Haveli and Daman and Diu, or before the appointed day by the existing Union territories, to be the corresponding court, tribunal, authority or officer.

Explanation.—For the purposes of this sub-section, "Administrator" means the administrator appointed by the President under article 239 of the Constitution.

22. Effect of provisions inconsistent with other laws.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

23. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the President may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty :

Provided that no such order shall be made after the expiry of three

years from the appointed day.

(2) Every order made under this section shall be laid before each

House of Parliament.

EXTRAORDINARY REGD. NO. JK—33

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 7th Jan., 2021/17th Pausa, 1942. [No. 41-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. 1 of 2021.

Promulgated by the President in the Seventy-first Year of the

Republic of India.

An Ordinance to amend the Jammu and Kashmir Reorganisation

Act, 2019.

The J&K Official Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41-1

2 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— WHEREAS, Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action.

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—

1. Short title and commencement.—(1) This Ordinance may be called

the Jammu and Kashmir Reorganisation (Amendment) Ordinance, 2021.

(2) It shall come into force at once.

2. Amendment of section 13.—In section 13 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) (hereinafter referred to as the principal Act), after the words, figures and letter "in Article 239A", the words "or any other article containing reference to elected members of the Legislative Assembly of the State" shall be inserted.

3. Amendment of section 88.—In section 88 of the principal Act, for sub-sections (2) to (6), the following sub-sections shall be substituted, namely :—

"(2) The members of the Indian Administrative Service, Indian Police Service and Indian Forest Service for the existing cadre of Jammu and Kashmir, shall be borne and become part of the Arunachal Pradesh, Goa, Mizoram and Union Territories cadre, and all future allocations of All India Services Officers for the Union territory of Jammu and Kashmir and Union Territory of Ladakh shall be made to Arunachal Pradesh, Goa, Mizoram and Union Territories cadre for which necessary modifications may be made in corresponding cadre allocation rules by the Central Government.

(3) The officers so borne or allocated on Arunachal Pradesh, Goa, Mizoram and Union Territories cadre shall function in accordance with the rules framed by the Central Government.".

RAM NATH KOVIND,

President.

(Sd.) DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

EXTRAORDINARY REGD. NO. JK—33

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 30th Dec., 2020/9th Pausa, 1942. [No. 39-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) SECOND (AMENDMENT) ORDINANCE, 2020

No. 15 of 2020.

Promulgated by the President in the Seventy-first Year of the Republic

of India as follows :—

An Ordinance further to amend the National Capital Territory of

Delhi Laws (Special Provisions) Second Act, 2011.

The J&K Official Gazette, 30th Dec., 2020/9th Pausa, 1942. [No. 39-3

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—

1. Short title and commencement.—(1) This Ordinance may be called the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Ordinance, 2020.

(2) It shall come into force at once.

2. Amendment of long title.—In the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 (20 of 2011) (hereinafter referred to as the principal Act), in the long title, for the words, figures and letters "for a further period up to the 31st day of December, 2020", the words, figures and letters "for a further period up to the 31st day of December, 2023" shall be substituted.

3. Amendment of Preamble.—In the principal Act, in the Preamble,—

(a) for fourth paragraph to eighth paragraph, the following

"AND WHEREAS, the exercise to formulate the Master Plan for Delhi

with the perspective for the year 2041 is under progress ;

AND WHEREAS, the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 (45 of 2019) was enacted to recognise and confer rights of ownership or transfer or mortgage to the residents of unauthorised colonies as one time special measure ;

AND WHEREAS, in supersession of the Regulations for Regularisation of Unauthorised Colonies in Delhi notified on 24th March, 2008, the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 notified in the Gazette of India on 29th October, 2019 ;

No. 39-3] The J&K Official Gazette, 30th Dec., 2020/9th Pausa, 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––— AND WHEREAS, the process of conferring the ownership rights to the residents of unauthorised colonies and the finalisation of the Development Control Norms for unauthorised colonies as provided in the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 is under progress and will take time ;

AND WHEREAS, based on the policy finalised by the Central Government regarding village abadi area and their extensions, the Building Regulations for Special Area, Unauthorised Regularised Colonies and Village Abadis, have been made by the Delhi Development Authority under sub- section (1) of section 57 of the Delhi Development Act, 1957 (61 of 1957) notified in the Gazette of India vide SO-97(E), dated the 17th January, 2011 ;

AND WHEREAS, more time is required for completion of action envisaged for unauthorised colonies, village abadi area and their extensions and special areas ;" ;

(b) for eleventh paragraph, the following paragraph shall be

substituted, namely :—

"AND WHEREAS, the revised policy regarding farm houses is being prepared by the Delhi Development Authority and its finalisation is likely to take more time ;" ;

(c) in twelfth paragraph, for the words and figures "the Master Plan for Delhi, 2021", the words "the Master Plan" shall be substituted ;

(d) after thirteenth paragraph, the following paragraph shall be

inserted, namely :—

"AND WHEREAS, the policy with respect to the norms for godown clusters existing in non-conforming areas has been notified by the Central Government on 21st June, 2018 ;" ;

(e) in twenty-first paragraph,—

(i) for the words and figures "the Master Plan for Delhi, 2021",

the words "the Master Plan" shall be substituted ;

The J&K Official Gazette, 30th Dec., 2020/9th Pausa, 1942. [No. 39-3

4 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— (ii) for the words, figures and letters "the 31st day of December, 2020", the words, figures and letters "the 31st day of December, 2023" shall be substituted.

4. Amendment of section 1.—In the principal Act, in section 1, in sub-section (4), in the opening portion, for the words, figures and letters "It shall cease to have effect on the 31st day of December, 2020", the words, figures and letters "It shall cease to have effect on the 31st day of December, 2023" shall be substituted.

5. Amendment of section 2.—In the principal Act, in section 2, in sub-section (1), for clause (e), the following clause shall be substituted, namely :—

'(e) "Master Plan" means the Master Plan for Delhi as notified under the Delhi Development Act, 1957 (61 of 1957) ;'.

6. Amendment of section 3.—In the Principal Act, in section 3,—

(a) in sub-section (1),—

(i) in clause (a), for the words and figures "the Master Plan for Delhi, 2021", the words "the Master Plan" shall be substituted ;

(ii) for clause (c), the following clause shall be substituted,

namely :—

"(c) orderly arrangements in accordance with the provisions of the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 (45 of 2019) the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 and the regulations for village abadi area (including urban villages) and their extensions as per the following cut-off dates :—

(i) for unauthorised colonies as provided in the National Capital Territory of Delhi (Recognition of No. 39-3] The J&K Official Gazette, 30th Dec., 2020/9th Pausa, 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––— Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 ;

(ii) for village abadi area (including urban villages) and their extensions as existed on the 31st day of March, 2002 and where construction took place even beyond that date and upto 1st day of June, 2014" ;

(b) in sub-section (2), for clause (ii), the following clause shall be

substituted, namely :—

"(ii) in respect of unauthorised colonies identified under the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019, in respect of village abadi area (including urban villages) and their extensions, which existed on the 31st day of March, 2002, and in aforesaid categories, where construction took place upto 1st day of June, 2014, as mentioned in sub-section (1) ;" ;

(c) in sub-section (3), for the words, figures and letters "till the 31st day of December, 2020", the words, figures and letters "till the 31st day of December, 2023" shall be substituted ;

(d) in sub-section (4), for the words, figures and letters "at any time before the 31st day of December, 2020", the words, figures and letters "at any time before the 31st day of December, 2023" shall be substituted.

RAM NATH KOVIND,

President.

(Sd.) DR. G. NARAYANA RAJU,

Secretary to the Govt. of India.

EXTRAORDINARY REGD. NO. JK—33

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

Vol. 132] Jammu, Wed., the 31st July, 2019/9th Srav., 1941. [No. 17-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019

[31st July, 2019.]

An Act to provide for a comprehensive mechanism to ban the unregulated deposit schemes, other than deposits taken in the ordinary course of business, and to protect the interest of depositors and for matters connected therewith or incidental thereto.

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Be it enacted by Parliament in the Seventieth Year of the Republic

of India as follows :—

1. Short title, extent and commencement.—(1) This Act may

be called the Banning of Unregulated Deposit Schemes Act, 2019.

(2) It extends to the whole of India except the State of Jammu

and Kashmir.

(3) It shall be deemed to have come into force on the 21st day

of February, 2019.

2. Definitions.—In this Act, unless the context otherwise

requires,—

(1) "appropriate Government" means in respect of matters relating

to—

(i) the Union territory without legislature, the Central

Government ;

(ii) the Union territory of Puducherry, the Government of that

Union territory ;

(iii) the Union territory of Delhi, the Government of that Union

territory ; and

(iv) the State, the State Government.

(2) "company" shall have the same meaning as assigned to it in clause (20) of section 2 of the Companies Act, 2013 (18 of 2013) ;

(3) "Competent Authority" means an Authority appointed by the

appropriate Government under section 7 ;

(4) "deposit" means an amount of money received by way of an advance or loan or in any other form, by any deposit taker with a promise to return whether after a specified period or otherwise, either in cash or in kind or in the form of a specified service, with or without any benefit in the form of No. 17-5] The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

interest, bonus, profit or in any other form, but does not include—

(a) amounts received as loan from a scheduled bank or a

co-operative bank or any other banking company as

defined in section 5 of the Banking Regulation Act, 1949

(10 of 1949) ;

(b) amounts received as loan or financial assistance from the

Public Financial Institutions notified by the Central

Government in consultation with the Reserve Bank of India

or any non-banking financial company as defined in clause

(f) of section 45-I of the Reserve Bank of India Act, 1934

(2 of 1934) and is registered with the Reserve Bank of

India or any Regional Financial Institutions or insurance

companies ;

amount received from any other source whose repayment

is guaranteed by the appropriate Government, or any amount

received from a statutory authority constituted under an

Act of Parliament or a State Legislature ;

(d) amounts received from foreign Governments, foreign or

international banks, multilateral financial institutions, foreign

Government owned development financial institutions,

foreign export credit collaborators, foreign bodies corporate,

foreign citizens, foreign authorities or person resident outside

India subject to the provisions of the Foreign Exchange

Management Act, 1999 (42 of 1999) and the rules and

regulations made thereunder ;

(e) amounts received by way of contributions towards the

capital by partners of any partnership firm or a limited

liability partnership ;

(f) amounts received by an individual by way of loan from his

relatives or amounts received by any firm by way of loan

from the relatives of any of its partners ;

(g) amounts received as credit by a buyer from a seller on the

sale of any property (whether movable or immovable) ;

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(h) amounts received by an asset re-construction company which is registered with the Reserve Bank of India under section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) ;

(i) any deposit made under section 34 or an amount accepted by a political party under section 29B of the Representation of the People Act, 1951 (43 of 1951) ;

(j) any periodic payment made by the members of the self- help groups operating within such ceilings as may be prescribed by the State Government or Union territory Government ;

(k) any other amount collected for such purpose and within such ceilings as may be prescribed by the State Government ;

(l) an amount received in the course of, or for the purpose of, business and bearing a genuine connection to such business including—

(i) payment, advance or part payment for the supply or hire of goods or provision of services and is repayable in the event the goods or services are not in fact sold, hired or otherwise provided ;

(ii) advance received in connection with consideration of an immovable property under an agreement or arrangement subject to the condition that such advance is adjusted against such immovable property as specified in terms of the agreement or arrangement ;

(iii) security or dealership deposited for the performance of the contract for supply of goods or provision of services ; or

(iv) an advance under the long-term projects for supply of capital goods except those specified in item (ii) :

Provided that if the amounts received under items (i) to (iv) become refundable, such amounts shall be No. 17-5] The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

deemed to be deposits on the expiry of fifteen days from the date on which they become due for refund :

Provided further that where the said amounts become refundable, due to the deposit taker not obtaining necessary permission or approval under the law for the time being in force, wherever required, to deal in the goods or properties or services for which money is taken, such amounts shall be deemed to be deposits.

Explanation :—For the purposes of this clause,—

(i) in respect of a company, the expression "deposit" shall have the same meaning as assigned to it under the Companies Act, 2013 (18 of 2013) ;

(ii) in respect of a non-banking financial company registered under the Reserve Bank of India Act, 1934 (2 of 1934) the expression "deposit" shall have the same meaning as assigned to it in clause (bb) of section 45-I of the said Act ;

(iii) the expressions "partner" and "firm" shall have the meanings respectively assigned to them under the Indian Partnership Act, 1932 (9 of 1932) ;

(iv) the expression "partner" in respect of a limited liability partnership shall have the same meaning as assigned to it in clause (q) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009) ;

(v) the expression "relative" shall have the same meaning as assigned to it in the Companies Act, 2013 (18 of 2013) ;

(5) "depositor" means any person who makes a deposit under this

Act ;

(6) "deposit taker" means—

(i) any individual or group of individuals ;

(ii) a proprietorship concern ;

(iii) a partnership firm (whether registered or not) ;

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(iv) a limited liability partnership registered under the Limited

Liability Partnership Act, 2008 (6 of 2009) ;

(v) a company ;

(vi) an association of persons ;

(vii) a trust (being a private trust governed under the provisions of the Indian Trusts Act, 1882 (2 of 1882) or a public trust, whether registered or not) ;

(viii) a co-operative society or a multi-state co-operative society ;

(ix) any other arrangement of whatsoever nature, receiving or

soliciting deposits, but does not include—

(i) a Corporation incorporated under an Act of Parliament

or a State Legislature ;

(ii) a banking company, a corresponding new bank, the State Bank of India, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-state co- operative bank as defined in the Banking Regulation Act,1949 (10 of 1949) ;

(7) "Designated Court" means a Designated Court constituted by

the appropriate Government under section 8 ;

(8) "insurer" shall have the same meaning as assigned to it in clause (9) of section 2 of the Insurance Act, 1938 (4 of 1938) ;

(9) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly ;

(10) "person" includes—

(i) an individual ;

(ii) a Hindu Undivided Family ;

(iii) a company ;

(iv) a trust ;

(v) a partnership firm ;

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(vi) a limited liability partnership ;

(vii) an association of persons ;

(viii) a co-operative society registered under any law for the time being in force relating to co-operative societies ; or

(ix) every artificial juridical person, not falling within any of

the preceding sub-clauses ;

(11) "prescribed" means prescribed by the rules made by the

Central Government or, as the case may be, the State Government under this Act ;

(12) "property" means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located ;

(13) "public financial institution" shall have the same meaning as assigned to it in clause (72) of section 2 of the Companies Act, 2013 (18 of 2013) ;

(14) "Regulated Deposit Scheme" means the Schemes specified

under column (3) of the First Schedule ;

(15) "Regulator" means the Regulator specified in column (2) of

the First Schedule ;

(16) "Schedule" means the Schedules appended to this Act ;

(17) "Unregulated Deposit Scheme" means a Scheme or an arrangement under which deposits are accepted or solicited by any deposit taker by way of business and which is not a Regulated Deposit Scheme, as specified under column (3) of the First Schedule.

3. Banning of Unregulated Deposit Schemes.—On and from

the date of commencement of this Act,—

(a) the Unregulated Deposit Schemes shall be banned ; and 8 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(b) no deposit taker shall, directly or indirectly, promote, operate, issue any advertisement soliciting participation or enrolment in or accept deposits in pursuance of an Unregulated Deposit Scheme.

4. Fraudulent default in Regulated Deposit Schemes.—No deposit taker, while accepting deposits pursuant to a Regulated Deposit Scheme, shall commit any fraudulent default in the repayment or return of deposit on maturity or in rendering any specified service promised against such deposit.

5. Wrongful inducement in relation to Unregulated Deposit Schemes.—No person by whatever name called shall knowingly make any statement, promise or forecast which is false, deceptive or misleading in material facts or deliberately conceal any material facts, to induce another person to invest in, or become a member or participant of any Unregulated Deposit Scheme.

6. Certain scheme to be Unregulated Deposit Scheme.—A prize chit or a money circulation scheme banned under the provisions of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 (43 of 1978) shall be deemed to be an Unregulated Deposit Scheme under this Act.

7. Competent Authority.—(1) The appropriate Government shall, by notification, appoint one or more officers not below the rank of Secretary to that Government, as the Competent Authority for the purposes of this Act.

(2) The appropriate Government may, by notification, appoint such other officer or officers as it thinks fit, to assist the Competent Authority in discharging its functions under this Act.

(3) Where the Competent Authority or officers appointed under sub-section (2), for the purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of such information and particulars as may be prescribed, that any deposit taker is soliciting deposits in contravention of section 3, he may, by No. 17-5] The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

an order in writing, provisionally attach the deposits held by the deposit taker and the money or other property acquired either in the name of the deposit taker or in the name of any other person on behalf of the deposit taker from the date of the order, in such manner as may be prescribed.

(4) The Competent Authority shall, for the purposes of sub- section (3), have the same powers as vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while conducting investigation or inquiry in respect of the following matters, namely :—

(a) discovery and inspection ;

(b) enforcing the attendance of any person, including any officer

of a reporting entity and examining him on oath ;

(d) receiving evidence on affidavits ;

(e) issuing commissions for examination of witnesses and

documents ; and

(f) any other matter which may be prescribed.

(5) The Competent Authority shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this section.

(6) All the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required.

(7) Every proceeding under sub-sections (4) and (5) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 (45 of 1860) of the Indian Penal Code.

(8) Subject to any rules made in this behalf by the Central Government, any officer referred to in sub-section (2) may impound 10 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this Act :

Provided that the officer or officers referred to in sub-section (2)

shall not—

(a) impound any records without recording his reasons for so

doing ; or

(b) retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the Competent Authority.

8. Designated Court.—(1) The appropriate Government shall, with the concurrence of the Chief Justice of the concerned High Court, by notification, constitute one or more Courts known as the Designated Courts for such area or areas or such case or cases as may be specified in such notification, which shall be presided over by a Judge not below the rank of a District and Sessions Judge or Additional District and Sessions Judge.

(2) No Court other than the Designated Court shall have jurisdiction in respect of any matter to which the provisions of this Act apply.

(3) When trying an offence under this Act, the Designated Court may also try an offence, other than an offence under this Act, with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974) be charged at the same trial.

9. Central database.—(1) The Central Government may designate an authority, whether existing or to be constituted, which shall create, maintain and operate an online database for information on deposit takers operating in India.

(2) The authority designated under sub-section (1) may require any Regulator or the Competent Authority to share such information on deposit takers, as may be prescribed.

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10. Information of business by deposit taker.—(1) Every deposit taker which commences or carries on its business as such on or after the commencement of this Act shall intimate the authority referred to in sub-section (1) of section 9 about its business in such form and manner and within such time, as may be prescribed.

(2) The Competent Authority may, if it has reason to believe that the deposits are being solicited or accepted pursuant to an Unregulated Deposit Scheme, direct any deposit taker to furnish such statements, information or particulars, as it considers necessary, relating to or connected with the deposits received by such deposit taker.

Explanation :—For the removal of doubts, it is hereby clarified that—

(a) the requirement of intimation under sub-section (1) is applicable to deposit takers accepting or soliciting deposits as defined in clause (4) of section 2 ; and

(b) the requirement of intimation under sub-section (1) applies to a company, if the company accepts the deposits under Chapter V of the Companies Act, 2013 (18 of 2013).

11. Information to be shared.—(1) The Competent Authority shall share all information received under section 29 with the Central Bureau of Investigation and with the authority which may be designated by the Central Government under section 9.

(2) The appropriate Government, any Regulator, income tax authorities or any other investigation agency, having any information or documents in respect of the offence investigated under this Act by the police or the Central Bureau of Investigation, shall share all such information or documents with the police or the Central Bureau of Investigation.

(3) Where the principal officer of any banking company, a corresponding new bank, the State Bank of India, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-state co-operative bank has reason to believe that any client is a deposit taker and is acting in contravention to the provisions of this Act, he shall forthwith inform the same to the Competent Authority.

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12. Priority of depositors claim.—Save as otherwise provided in the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) or the Insolvency and Bankruptcy Code, 2016 (31 of 2016) any amount due to depositors from a deposit taker shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the appropriate Government or the local authority.

13. Precedence of attachment.—(1) Save as otherwise provided in the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) or the Insolvency and Bankruptcy Code, 2016 (31 of 2016) an order of provisional attachment passed by the Competent Authority, shall have precedence and priority, to the extent of the claims of the depositors, over any other attachment by any authority competent to attach property for repayment of any debts, revenues, taxes, cesses and other rates payable to the appropriate Government or the local authority.

(2) Where an order of provisional attachment has been passed by

the Competent Authority—

(a) such attachment shall continue until an order is passed under sub-section (3) or sub-section (5) of section 15 by the Designated Court ;

(b) all the attached money or property of the deposit taker and the persons mentioned therein shall vest in the Competent Authority and shall remain so vested till further order of the Designated Court.

(3) The Competent Authority shall open an account in a scheduled bank for the purpose of crediting and dealing with the money realised under this Act, which shall not be utilised except under the instructions of the Designated Court.

(4) The Competent Authority shall not dispose of or alienate the property or money attached, except in accordance with the order of the Designated Court under sub-section (3) or sub-section (5) of section 15.

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(5) Notwithstanding anything contained in sub-section (4), the Competent Authority may, if it thinks it expedient, order the immediate sale of perishable items or assets, and the proceeds of the sale shall be utilised in the same manner as provided for other property.

14. Application for confirmation of attachment and sale of property.—(1) The Competent Authority shall, within a period of thirty days, which may extend up to sixty days, for reasons to be recorded in writing, from the date of the order of provisional attachment, file an application with such particulars as may be prescribed, before the Designated Court for making the provisional attachment absolute, and for permission to sell the property so attached by public auction or, if necessary, by private sale.

(2) In case where the money or property has been attached on the permission granted by a Designated Court in another State or Union territory, the application for confirmation of such attachment shall be filed in that Court.

15. Confirmation of attachment by Designated Court.—(1) Upon receipt of an application under section 14, the Designated Court shall issue notice to—

(a) the deposit taker ; and

(b) any person whose property is attached under section 14, to show cause, within a period of thirty days from the date of issue of notice, as to why the order of attachment should not be made absolute and the properties so attached be sold.

(2) The Designated Court shall also issue notice to all other persons represented to it as having or being likely to claim any interest or title in the property, to appear on the same date as persons referred to in sub-section (1) to raise objections, if they so desire, to the attachment of the property.

(3) The Designated Court shall, after adopting such procedure as

may be prescribed, pass an order—

(a) making the provisional order of attachment absolute ; or 14 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(b) varying it by releasing a portion of the property from

attachment ; or

(c) cancelling the provisional order of attachment, and in case of an order under clause (a) or clause (b), direct the Competent Authority to sell the property so attached by public auction or, if necessary, by private sale and realise the sale proceeds.

(4) The Designated Court shall not, in varying or cancelling the provisional order of attachment, release any property from attachment, unless it is satisfied that—

(a) the deposit taker or the person referred to in sub-

section (1) has interest in such property ; and

(b) there shall remain an amount or property sufficient for

repayment to the depositors of such deposit taker.

(5) The Designated Court shall pass such order or issue such direction as may be necessary for the equitable distribution among the depositors of the money attached or realised out of the sale.

(6) The Designated Court shall endeavour to complete the proceedings under this section within a period of one hundred and eighty days from the date of receipt of the application referred to in sub-section (1).

16. Attachment of property of mala fide transferees.— (1) Where the Designated Court is satisfied that there is a reasonable cause for believing that the deposit taker has transferred any property otherwise than in good faith and not for commensurate consideration, it may, by notice, require any transferee of such property, whether or not he received the property directly from the said deposit taker, to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attached.

(2) Where the said transferee does not appear and show cause on the specified date or where the Designated Court is satisfied that the transfer of the property to the said transferee was not a bona fide transfer and not for commensurate consideration, it shall order the No. 17-5] The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. 15 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

attachment of so much of the said transferee's property as in its opinion is equivalent to the proper value of the property transferred.

17. Payment in lieu of attachment.—(1) Any deposit taker or a person referred to in sub-section (1) of section 15, or transferee referred to in section 16 whose property is about to be attached or has been provisionally attached under this Act, may, at any time before the confirmation of attachment, apply to the Designated Court for permission to deposit the fair value of the property in lieu of attachment.

(2) While allowing the deposit taker or person or transferee referred to in sub-section (1) to make the deposit under sub-section (1), the Designated Court may order such deposit taker or person or transferee to pay any sum towards costs as may be applicable.

18. Powers of Designated Court.—(1) The Designated Court

shall exercise the following powers, namely :—

(a) power to approve the statement of dues of the deposit

taker due from various debtors ;

(b) power to assess the value of the assets of the deposit taker and finalise the list of the depositors and their respective dues ;

(c) power to direct the Competent Authority to take possession of any assets belonging to or in the control of the deposit taker and to sell, transfer or realise the attached assets, either by public auction or by private sale as it deems fit depending upon the nature of assets and credit the sale proceeds thereof to its bank account ;

(d) power to approve the necessary expenditure to be incurred by the Competent Authority for taking possession and realisation of the assets of the deposit taker ;

(e) power to pass an order for full payment to the depositors by the Competent Authority or an order for proportionate payment to the depositors in the event, the money so realised is not sufficient to meet the entire deposit liability ;

(f) power to direct any person, who has made profit or averted loss by indulging in any transaction or activity in 16 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

contravention of the provisions of this Act, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention ; and

(g) power to pass any other order which the Designated Court deems fit for realisation of assets of the deposit taker and for repayment of the same to the depositors of such deposit taker or on any other matter or issue incidental thereto.

(2) On the application of any person interested in any property attached and vested in the Competent Authority under this Act and after giving such Competent Authority an opportunity of being heard, make such order as the Designated Court considers just and reasonable for—

(a) providing from such of the property attached and vested in the Competent Authority as the applicant claims an interest in, such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for expenses connected with the defence of the applicant where criminal proceedings have been initiated against him in the Designated Court under this Act ; or

(b) safeguarding, so far as may be practicable, the interest of

any business affected by the attachment.

Explanation :—For the purposes of this section, the expression "deposit taker" includes the directors, promoters, managers or members of said establishment or any other person whose property or assets have been attached under this Act.

19. Appeal to High Court.—Any person including the Competent Authority, if aggrieved by any final order of the Designated Court under this Chapter, may appeal to the High Court, within a period of sixty days from the date of such order :

Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

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Explanation :—The expression "High Court" means the High Court of a State or Union territory where the Designated Court is situated.

20. Power of Supreme Court to transfer cases.—(1) Whenever it is made to appear to the Supreme Court that there is a default in any deposit scheme or deposit schemes of the nature referred to in section 30, the Supreme Court may, by an order, direct that any particular case be transferred from one Designated Court to another Designated Court.

(2) The Supreme Court may act under this section only on an application filed by the Competent Authority or any interested party, and every such application shall be supported by an affidavit.

(3) Where an application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding fifty thousand rupees as it may consider appropriate in the circumstances of the case.

21. Punishment for contravention of section 3.—(1) Any deposit taker who solicits deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees.

(2) Any deposit taker who accepts deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine which shall not be less than three lakh rupees but which may extend to ten lakh rupees.

(3) Any deposit taker who accepts deposits in contravention of section 3 and fraudulently defaults in repayment of such deposits or in rendering any specified service, shall be punishable with imprisonment 18 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

for a term which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five lakh rupees but which may extend to twice the amount of aggregate funds collected from the subscribers, members or participants in the Unregulated Deposit Scheme.

Explanation :—For the purposes of this Act,—

(i) the expression "fraudulently" shall have the same meaning as assigned to it in section 25 (45 of 1860) of the Indian Penal Code ;

(ii) where the terms of the Deposit Scheme are entirely impracticable or unviable, the terms shall be relevant facts showing an intention to defraud.

22. Punishment for contravention of section 4.—Any deposit taker who contravenes the provisions of section 4 shall be punishable with imprisonment for a term which may extend to seven years, or with fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of the fraudulent default referred to in said section, whichever is higher, or with both.

23. Punishment for contravention of section 5.—Any person who contravenes the provisions of section 5 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which may extend to ten lakh rupees.

24. Punishment for repeat offenders.—Whoever having been previously convicted of an offence punishable under this Chapter, except the offence under section 26, is subsequently convicted of an offence shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and with fine which shall not be less than ten lakh rupees but which may extend to fifty crore rupees.

25. Offences by deposit takers other than individuals.— (1) Where an offence under this Act has been committed by a deposit taker other than an individual, every person who, at the time the offence was committed, was in charge of, and was responsible to, the No. 17-5] The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. 19 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

deposit taker for the conduct of its business, as well as the deposit taker, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) Nothing contained in sub-section (1) shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(3) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a deposit taker other than an individual, and it is proved that the offence—

(a) has been committed with the consent or connivance of ; or

(b) is attributable to any neglect on the part of any director, manager, secretary, promoter, partner, employee or other officer of the deposit taker, such person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

26. Punishment for contravention of section 10.—Whoever fails to give the intimation required under sub-section (1) of section 10 or fails to furnish any such statements, information or particulars as required under sub-section (2) of that section, shall be punishable with fine which may extend to five lakh rupees.

27. Cognizance of offences.—Notwithstanding anything contained in section 4, no Designated Court shall take cognizance of an offence punishable under that section except upon a complaint made by the Regulator :

Provided that the provisions of section 4 and this section shall not

apply in relation to a deposit taker which is a company.

28. Offences to be cognizable and non-bailable.— Notwithstanding anything contained in the Code of Criminal Procedure, 20 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

1973 (2 of 1974) every offence punishable under this Act, except the offence under section 22 and section 26, shall be cognizable and non- bailable.

police officer shall, on recording information about the commission of an offence under this Act, inform the same to the Competent Authority.

30. Investigation of offences by Central Bureau of Investigation.—(1) On receipt of information under section 29 or otherwise, if the Competent Authority has reason to believe that the offence relates to a deposit scheme or deposit schemes in which—

(a) the depositors, deposit takers or properties involved are located in more than one State or Union territory in India or outside India ; and

(b) the total value of the amount involved is of such magnitude as to significantly affect the public interest, the Competent Authority shall refer the matter to the Central Government

for investigation by the Central Bureau of Investigation.

(2) The reference made by the Competent Authority under sub- section (1) shall be deemed to be with the consent of the State Government under section 6 of the Delhi Special Police Establishment Act, 1946 (25 of 1946).

(3) On the receipt of the reference under sub-section (1), the Central Government may transfer the investigation of the offence to the Central Bureau of Investigation under section 5 of the Delhi Special Police Establishment Act, 1946 (25 of 1946).

31. Power to enter, search and seize without warrant.— (1) Whenever any police officer, not below the rank of an officer in-

charge of a police station, has reason to believe that anything necessary for the purpose of an investigation into any offence under this Act may be found in any place within the limits of the police station of which he is in-charge, or to which he is attached, such officer may, with the written authorisation of an officer not below the rank of Superintendent of Police, and after recording in writing so far as No. 17-5] The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. 21 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

possible, the thing for which the search is to be made and subject to the rules made in this behalf, authorise any officer subordinate to him,—

(a) to enter and search any building, conveyance or place, between sunrise and sunset, which he has reason to suspect is being used for purposes connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this Act ;

(b) in case of resistance, to break open any door and remove any obstacle to such entry, if necessary by force, with such assistance as he considers necessary, for exercising the powers conferred by clause (a) ;

(c) to seize any record or property found as a result of the search in the said building, conveyance or place, which are intended to be used, or reasonably suspected to have been used, in connection with any such deposit taking scheme or arrangement in contravention of the provisions of this Act ; and

(d) to detain and search, and if he thinks proper, take into custody and produce before any Designated Court any such person whom he has reason to believe to have committed any offence punishable under this Act :

Provided that if such officer has reason to believe that the said written authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may, without the said written authorisation, enter and search such building, conveyance or place, at any time between sunset and sunrise after recording the grounds in writing.

(2) Where it is not practicable to seize the record or property, the officer authorised under sub-section (1), may make an order in writing to freeze such property, account, deposits or valuable securities maintained by any deposit taker about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with the promotion or 22 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

conduct of any deposit taking scheme or arrangement in contravention of the provisions of this Act and it shall be binding on the concerned bank or financial or market establishment to comply with the said order :

Provided that no bank or financial or market establishment shall freeze such account, deposit or valuable securities, for a period beyond thirty days unless the same is authorised by the order of the Designated Court :

Provided further that, if at any time, it becomes practicable to seize the frozen property, the officer authorised under sub-section (1)

may seize such property.

Explanation :—For the purposes of this section, the expressions,—

(i) "freezing of account" shall mean that no transaction, whether deposit or withdrawal shall be allowed in the said account ; and

(ii) "freezing of property" shall mean that no transfer, conversion, disposition or movement of property shall be allowed.

(3) Where an officer takes down any information in writing or records grounds for his belief or makes an order in writing under sub- section (1) or sub-section (2), he shall, within a time of seventy-two

hours send a copy thereof to the Designated Court in a sealed envelope and the owner or occupier of the building, conveyance or place shall, on application, be furnished, free of cost, with a copy of the same by the Designated Court.

(4) All searches, seizures and arrests under this section shall be made in accordance with the provisions of the Code of Criminal

Procedure, 1973 (2 of 1974).

32. Application of Code of Criminal Procedure, 1973 to proceedings before Designated Court.—(1) The Designated Court may take cognizance of offences under this Act without the accused being committed to it for trial.

No. 17-5] The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. 23 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(2) Save as otherwise provided in section 31, the provisions of

the Code of Criminal Procedure, 1973 (2 of 1974) shall apply—

(a) to all arrests, searches and seizures made under this Act ;

(b) to the proceedings under this Act and for the purposes of the said provisions, the Designated Court shall be deemed to be a Court of Session and the persons conducting the prosecution before the Designated Court, shall be deemed to be Public Prosecutors.

33. Publication of advertisement of Unregulated Deposit Scheme.—Where any newspaper or other publication of any nature, contains any statement, information or advertisement promoting, soliciting deposits for, or inducing any person to become a member of any Unregulated Deposit Scheme, the appropriate Government may direct such newspaper or publication to publish a full and fair retraction, free of cost, in the same manner and in the same position in such newspaper or publication as may be prescribed.

34. Act to have overriding effect.—Save as otherwise expressly provided in this Act, the provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force, including any law made by any State or Union territory.

35. Application of other laws not barred.—The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

36. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against the appropriate Government or the Competent Authority or any officer of the appropriate Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

37. Power of Central Government to make rules.—(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

24 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—

(a) the information and other particulars to be taken into consideration before issuing an order, and the manner of attachment, under sub-section (3) of section 7 ;

(b) the information to be shared under sub-section (2) of

section 9 ;

(c) the form and manner in which and the time within which the intimation shall be given under sub-section (1) of section 10 ;

(d) the particulars contained in the application to be filed by the Competent Authority before the Designated Court under sub-section (1) of section 14 ;

(e) the procedure to be adopted by the Designated Court before issuing an order under sub-section (3) of section 15 ;

(f) rules under sub-section (1) of section 31 ;

(g) the manner of publication of advertisement under

section 33 ; and

(h) any other matter which is required to be, or may be,

prescribed.

38. Power of State Government, etc., to make rules.—(1) The State Government or Union territory Government, as the case may be, in consultation with the Central Government, by notification, make rules for carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—

(a) ceiling for self-help groups under clause (j) of sub-

section (4) of section 2 ;

No. 17-5] The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. 25 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(b) purpose and ceiling under clause (k) of sub-section (4) of

section 2 ;

(d) other matters under clause (f) of sub-section (4) of

section 7 ;

(e) the rules relating to impounding and custody of records

under sub-section (8) of section 7 ; and

(f) any other matter which is required to be, or may be,

prescribed.

39. Laying of rules.—(1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(2) Every rule made by a State Government or the Union territory Government, as the case may be, shall be laid, as soon as may be after it is made, before each House of the State Legislature or the Union territory Legislature, as the case may be, where it consists of two Houses, or where such Legislature consists of one House, before that House.

40. Power to amend First Schedule.—(1) The Central Government may, having regard to the objects of this Act, and if it considers necessary or expedient so to do, by notification, add to, or as the case may be, omit from the First Schedule, any scheme or arrangement, and on such addition, or omission, such scheme or arrangement shall become, or cease to be, a Regulated Deposit Scheme, as the case may be.

26 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(2) A copy of every notification issued under this section shall, as soon as may be after it has been issued, be laid before each House of Parliament.

41. Act not to apply certain deposits.—The provisions of this Act shall not apply to deposits taken in the ordinary course of business.

42. Amendment to certain enactments.—The enactments specified in the Second Schedule shall be amended in the manner specified therein.

43. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as 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 three years from the 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.

44. Repeal and saving.—(1) The Banning of Unregulated Deposit Schemes Ordinance, 2019 (Ord. 7 of 2019) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act.

No. 17-5] The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. 27 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(1) The Regulator and Regulated Deposit Scheme refers to the regulators and schemes and arrangements listed in the following Table, namely :—

Sl. Regulator Regulated Deposit Scheme No.

—————————————————————————————

(1) (2)

(3)

————————————————————————————— 1. The Securities and (i) Any scheme or an arrangement [as Exchange Board defined under section 11AA of the of India Securities and Exchange Board of India Act, 1992 (15 of 1992)] launched, sponsored or carried out by a Collective Investment Management Company registered with the Securities and Exchange Board of India under the Securities and Exchange Board of India (Collective Investment Scheme) Regulations, 1999.

(ii) Any scheme or an arrangement registered with the Securities and Exchange Board of India under the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012.

(iii) Any scheme or an arrangement, pursuant to which funds are managed by a portfolio manager, registered under the Securities and Exchange Board of India (Portfolio Managers) Regulations, 1993.

(iv) Any scheme or an arrangement regulated under the Securities and Exchange Board 28 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(1) (2)

(3)

————————————————————————————— of India (Share Based Employee Benefits) Regulations, 2014 or providing for employee benefits as permitted under the Companies Act, 2013 (18 of 2013).

(v) Any other scheme or an arrangement registered under the Securities and Exchange Board of India Act, 1992 (15 of 1992), or the regulations made thereunder.

(vi) Any amount received as contributions in the nature of subscriptions to a mutual fund registered with Securities and Exchange Board of India under the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996.

2. The Reserve Bank (i) Any scheme under which deposits are of India accepted by Non-Banking Financial Companies as defined in clause (f) of section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934) and registered with the Reserve Bank of India; or any other scheme or an arrangement registered under the Reserve Bank of India Act, 1934.

(ii) Any scheme or an arrangement under which funds are accepted by individuals or entities engaged as Business Correspondents and Facilitators by banks subject to the guidelines and circulars issued by the Reserve Bank of India from time to time.

(iii) Any scheme or an arrangement under which funds are received by a system provider operating as an authorised payment system under the Payment and Settlement Systems Act, 2007 (51 of 2007).

No. 17-5] The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. 29 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

(1) (2)

(3)

————————————————————————————— (iv) Any other scheme or an arrangement regulated under the Reserve Bank of India Act, 1934 (2 of 1934), or the guidelines or circulars of the Reserve Bank of India.

3. The Insurance A contract of insurance pursuant to a Regulatory and certificate of registration obtained in Development accordance with the Insurance Act, 1938 Authority of India (4 of 1938).

4. The State (i) Any scheme or an arrangement made or Government or offer ed by a co-opera tive society Union territory registered under the Co-opera tive Government Societies Act, 1912 (2 of 1912) or a society being a society registered or deemed to be registered under any law relating to co- operative societies for the time being in force in any State or Union territory.

(ii) Any scheme or an arrangement commenced or conducted as a chit business with the previous sanction of the State Government in accordance with the provisions of the Chit Funds Act, 1982 (40 of 1982).

(iii) Any scheme or an arrangement regulated by any enactment relating to money lending which is for the time being in force in any State or Union territory.

(iv) Any scheme or an arrangement by a prize chit or money circulation scheme under section 11 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (43 of 1978).

5. The National Any scheme or an arra ngement for Housing Bank acceptance of deposits registered under the National Housing Bank Act, 1987 (53 of 1987).

30 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(1) (2)

(3)

—————————————————————————————

6. The Pension Fund Any scheme or an arrangement under the Regulatory and Pension Fund Regulatory and Development Development Authority Act, 2013 (23 of 2013). Authority

7. The Employees' Any Scheme, Pension Scheme or Provident Fund Insur ance Scheme framed under the Organisation Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952).

8. The Central Registrar, Any scheme or an arr angement for Multi-State acceptance of deposits from voting Co-operative Societies members by a Multi-State Societies Co- operative Society registered under the Multi-State Co-operative Societies Act, 2002 (39 of 2002).

9. The Ministry of (i) Deposits accepted or permitted under Corporate Affairs, the provisions of Chapter V of the Government of India Companies Act, 2013 (18 of 2013).

(ii) Any scheme or an arrangement under which deposits are accepted by a company declared as a Nidhi or a Mutual Benefit Society under section 406 of the Companies Act, 2013 (18 of 2013).

(2) The following shall also be treated as Regulated Deposit Schemes

under this Act, namely :—

(a) deposits accepted under any scheme or an arrangement registered with any regulatory body in India constituted or established under a statute ; and

(b) any other scheme as may be notified by the Central

Government under this Act.

No. 17-5] The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. 31 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

Amendment of section 45-I of Act 2 of 1934.—In the Reserve Bank of India Act, 1934, in section 45-I, in clause (bb), after Explanation-II, the following Explanation shall be inserted, namely :—

"Explanation III :—The amounts accepted by a co-operative society from the members or shareholders, by whatever name called, but excluding the amounts received as share capital, shall be deemed to be deposits for the purposes of this clause, if such members or shareholders are nominal or associate members, by whatever name called, who do not have full voting rights in the meetings of such co-operative society.".

Amendment of section 11 of Act 15 of 1992.—In the Securities

and Exchange Board of India Act, 1992,—

(i) in section 11, in sub-section (4), for clause (e), the following

clause shall be substituted, namely :—

"(e) attach, for a period not exceeding ninety days, bank accounts or other property of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this Act, or the rules or the regulations made thereunder :

"Provided that the Board shall, within ninety days of the said attachment, obtain confirmation of the said attachment 32 The J&K Govt. Gazette, 31st July, 2019/9th Srav., 1941. [No. 17-5 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————

from the Special Court, established under section 26A, having jurisdiction and on such confirmation, such attachment shall continue during the pendency of the aforesaid proceedings and on conclusion of the said proceedings, the provisions of section 28A shall apply :

Provided further that only property, bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this Act, or the rules or the regulations made thereunder shall be allowed to be attached." ;

(ii) in section 28A, after Explanation 3, the following Explanation

shall be inserted, namely :—

"Explanation 4 :—The interest referred to in section 220 of the Income Tax Act, 1961 (43 of 1961) shall commence from the date the amount became payable by the person.".

Amendment of section 67 of Act 39 of 2002.—In the Multi- State Co-operative Societies Act, 2002, in section 67, in sub- section (1),—

(a) after the words "receive deposits", the words "from its

voting members" shall be inserted ;

(b) the following Explanation shall be inserted, namely :—

"Explanation :—For the removal of doubts, it is hereby clarified that a multi-state co-operative society shall not be entitled to receive deposits from persons other than voting members.".

EXTRAORDINARY REGD. NO. JK—33

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation.

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

———– GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—LABOUR AND EMPLOYMENT DEPARTMENT

Jammu, the 15th January, 2021.

SO-18.––The following draft rules, which the Jammu and Kashmir

Government proposes to make in exercise of the powers conferred by

sections 154 and 156 of the Code on Social Security, 2020 (36 of 2020)

read with section 24 of the General Clauses Act, 1897 (10 of 1897)

and in supersession of the—

(i) Jammu and Kashmir Workmen's Compensation Rules, 1972 ;

(ii) Jammu and Kashmir Payment of Gratuity Rules, 1973 ;

(iii) Jammu and Kashmir Maternity Benefit Rules, 1974 ;

(iv) Jammu and Kashmir Building and Other Constructions Workers

(Regulation of Employment and Conditions of Service) Rules,

2006 ; and 2 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

(v) Jammu and Kashmir Unorganised Workers' Social Security

Rules, 2010 ;

made by the Government of Jammu and Kashmir in exercise of the

powers conferred by The Workmen's Compensation Act, 1923, The

Payment of Gratuity Act, 1972, The Maternity Benefit Act, 1961, The

Building and Other Construction Workers' (Regulation of Employment

and Conditions of Service) Act, 1996 and The Unorganised Workers'

Social Security Act, 2008, and as the case may be, which are repealed

by section 164 of the said Code on Social Security, except as respective

things done or omitted to be done before such supersession, are hereby

notified for information of all persons likely to be affected thereby and

the notice is hereby given that the said draft notification will be taken

into consideration after the expiry of a period of forty-five days from

the date on which the copies of the Official Gazette in which this

notification is published are made available to the public.

Objections and suggestions, if any, may be addressed to

Commissioner/Secretary, Labour and Employment ([email protected])

and Additional Secretary, Labour and Employment Department, Civil

Secretariat, J&K ([email protected]).

Objections and suggestions, which may be received from any

person with respect to the said draft notification before expiry of the

period specified above, will be considered by the Jammu and Kashmir

Government.

1. Short title, extent and commencement.—(1) These rules

may be called the Code on Social Security (Jammu and Kashmir)

Rules, 2020.

(2) They extend to the territorial Jurisdiction of Jammu and

Kashmir.

(3) They shall come into force after the date of their final

publication in the Official Gazette, on the date of the commencement

of the Code on Social Security, 2020 (36 of 2020).

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 2. Definitions.— (1) In these rules, unless the subject or context

otherwise requires,—

(a) "Agency" means any corporation, body or institution,

established under an Act of Parliament or Legislature of

Jammu and Kashmir or Central Public Sector Undertaking

or State Public Sector Undertaking or Special Purpose

Vehicle as notified by the Central Government or Government

of Jammu and Kashmir ;

(b) "Appellate authority" means the Government of Jammu and

Kashmir or the authority specified by Government of Jammu

and Kashmir under sub-section (8) of section 56 ;

of Assistant Labour Commissioner of Jammu and Kashmir

Government or any officer of a local authority holding an

equivalent post and appointed for assessment of Cess under

the Code ;

(d) "Authority" means the Government of Jammu and Kashmir

or the authority specified by the Government of Jammu and

Kashmir under sub-section (3) of section 72 ;

(e) "Board" means Jammu and Kashmir Unorganized Workers

Social Security Board and Jammu and Kashmir Building and

other Construction Worker's Welfare Board ;

(f) "Career Centre" means the Career Centre as notified by

the Government of Jammu and Kashmir ;

(g) "Cess Collector" means an officer appointed by the

Government of Jammu and Kashmir for collection of cess

under the Code ;

(h) "Chairperson" means the Chairperson of the Corporation,

the Jammu and Kashmir Building and Other Construction

Workers Welfare Board, the Jammu and Kashmir

Unorganised Social Security Board, the Standing Committee,

the Medical Benefit Committee or the Executive Committee,

or any other Board for administering the benefits under the

Code as the case may be ;

4 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

(i) "Chartered Engineer" means a person having an engineering

degree and the corporate membership of Institute of

Enqineers (lndia) ;

(j) "Code" means the Code on Social Security, 2020

(36 of 2020) ;

(k) "Electronically" means any information submitted by email or uploading on the designated portal or digital payment in

any mode for the purpose of Code ;

(l) "Excluded Vacancies" means those vacancies which have

been excluded from the purview of the section 139 as

per the provisions of sub-sections (1) and (2) of section 140 ;

(m) "Form" means a form appended to these rules ;

(n) "Fund" means the Employees' State Insurance Fund, the

Employees' Provident Fund, the Employees' Pension Fund,

the Employees' Deposit-Linked Insurance Fund or the Jammu and Kashmir Social Security Fund, as the case may

be ;

(o) "Government Securities" means Government Securities as

defined in the Government Securities Act, 2006 (38 of 2016) ;

(p) "Immovable property" includes land, benefits to arise out of land, things attached to the earth, or permanently fastened

to anything attached to the earth ;

(q) "Movable property" means property of every description

except immovable property ;

(r) "Nodal Officer" means a person designated by the

Government of Jammu and Kashmir or Building and Other

Construction Workers Welfare Board to facilitate the registration, renewal and updation electronically or otherwise

or any such other function of Building Workers working in the Private Sector, State Government, Central Government

and Public Sector Undertakings of the Central and the State

Governments or Local Authority. The Nodal Officer shall also supervise and monitor functions of the Beneficiary

Registering Officers designated by Appropriate Government ;

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— (s) "Nomination" means nomination made under section 55 of

the Code ;

(t) "Registered Medical Practitioner" means a medical practitioner whose name has been enrolled in a register maintained under any law for the time being in force regulating the registration of practitioners of medicine ;

(u) "Register of women employees" means a register of women

employees maintained under rule 66 ;

(v) "Schedule" means the schedule of the Code ;

(w) "Section" means a section of the Code ;

(x) "Specified" means specified by an order of the Central Government or the Government of Jammu and Kashmir or any officer so authorised by such Government ;

(y) "turnover" of an aggregator as defined under sub-section (91) of section 2 of the Companies Act, 2013 (18 of 2013), means the gross amount of revenue recognised in the profit and loss account from the sale, supply, or distribution of goods or on account of services rendered, or both, by a company during a financial year ;

(z) "Year" shall mean the financial year, that is to say, beginning from the first of April and ending with the thirty first of March of the year following.

(2) The words and expressions used in these rules which are not defined therein, but are defined in the Code, shall have their respective meaning as assigned to them in the Code.

6 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– of procedure relating to the transaction of business as per

1. Term of Board and Office Members.—

(i) Every member, other than an ex-officio member, shall hold

office for a period of three years from the date of his

nomination :

Provided the members of the Board shall be deemed to

have vacated their office as such on expiration of the

period of the Board specified in sub-section (13) of

section 6 ;

(ii) A member nominated under sub-clause (iii) of clause (d)

of sub-section (10) of section 6 shall cease to be a member

of the Board if he/she ceases to be member of Jammu

and Kashmir Legislative Assembly by virtue of which he/

she was so nominated ;

(iii) A member nominated under sub-clauses (i) and (ii) of

clause (d) of sub-section (10) of section 6 shall cease to

be a member of the Board if he/she ceases to represent

the category of interest from which he/she was so

nominated ;

(iv) Out of twelve persons to be nominated under

sub-clauses (i) and (iv) of clause (d) of sub-section (10)

of section 6 one person each from the Scheduled Caste,

the Scheduled Tribe, the Minorities and Women shall be

nominated as member ;

(v) A member shall be eligible for re-nomination.

2. Resignation.—

(i) A member of the Board, not being an ex-officio member,

may resign his office by letter in writing to the

Chairperson at any time ;

(ii) A member so resigning shall be deemed to have vacated

his office as member with effect from the date his No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— resignation is accepted by the Chairperson or on the

expiry of thirty days from the date of receipt of

resignation, whichever is earlier.

3. Change of Address.—If a member changes his address, he

shall bring it to the notice his new address to the Member-Secretary

of the Board about his new address who shall thereupon enter his new

address in the official records :

Provided that if a member fails to bring it to the notice of the

Member-Secretary his new address, the address in the official records

shall for all purposes be deemed to be the member's correct address.

4. Manner of filling vacancies.—When the office of a Member

becomes vacant by reason of death, resignation or otherwise the

Chairperson shall submit a report to the Jammu and Kashmir Government

and on receipt of such report, the Jammu and Kashmir Government

may, by notification, fill up the vacancy and the persons so nominated

shall hold office for the remainder of the term of office of the member

in whose place he is nominated.

5. Allowance of members.—

(i) The travelling allowance of an official member of the

Board shall be governed by the rules applicable to him

for journey performed by him on official duties and shall

be paid by the authority paying his salary ;

(ii) Every non-official member of the Board shall be paid

by the Board a sitting fee of Rupees Two Thousand

and travel allowance at the rate of Rupees One

Thousand per day subject to a maximum of three days.

6. Functions of the Board.—Every matter which the Board is

required to take into consideration shall be considered at a meeting of

the Board, or if the Chairperson so directs, by sending the necessary

papers to every Member for opinion, and the matter shall be disposed

of in accordance with the decision of the majority :

Provided that where there is no opinion of majority on a matter

and the Members of the Board are equally divided, the Chairperson

shall have a second or a casting vote.

8 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

7. Meetings.—

(i) The Board shall meet at such places and at such times as may be decided by the Chairperson and it shall meet at least once in a quarter.

(ii) The Chairperson shall preside over every meeting of the Board in which he is present and in his absence, the members nominated by him to preside over such a meeting in his place and in the absence of such nomination by the Chairperson, the Members of the Board present in such meeting may choose from amongst themselves Member to preside over the meeting.

8. Notice of meetings and list of business.—

(i) Ordinarily, two weeks' notice shall be given to the Members of the Board of a proposed meeting ;

(ii) No business except which is included in the list of business for a meeting of the Board shall be considered at the meeting without the permission of the Chairperson ;

(iii) The Chairperson may at any time call a special meeting of the Board in case of urgency, after informing the Members in advance about the subject matter of discussion and the reasons of urgency.

9. Quorum.—

(i) No business shall be transacted at any meeting of the Board unless at least six members are present in that meeting :

Provided that if at a meeting, less than six members are present, the Chairperson may adjourn the meeting to another date informing the Members present and giving notice to the other Members that he proposes to dispose of the business at the adjourned meeting whether there is prescribed quorum or not, and it shall thereupon be lawful for him to dispose of the business at the adjourned meeting irrespective of the number of Members attending.

(ii) The Jammu and Kashmir Government may by order remove a Member, other than Ex-Officio Members, if he absents himself from three consecutive meetings of No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— the Board without obtaining leave of absence from the Chairperson :

Provided no Member shall be removed from the office unless he has been given reasonable opportunity of being heard.

1. Terms and Conditions of appointment of Chairperson and Members.—The term of office of the Chairperson and the Members of the Board other than the Official Members shall be three years from the date of their appointment. Provided further that in no case the Members can continue in the office beyond the period of four years from the date of their appointment.

2. Filling up of causal vacancies.—A Member nominated to fill a causal vacancy shall hold office for the remaining period of the term of office of the member in whose place he is nominated.

3. Meeting of the Board.—The Board shall ordinarily meet once in two months. The Chairperson shall, within fifteen days of the receipt of a requisition in writing from the Secretary, call a meeting thereof.

4. Notice of meeting and list of business.—Notice intimating the date, time and venue of every meeting together with a list of business to be transacted at the meeting shall be sent by electronically or otherwise, to each member at least fifteen days prior to the meeting of the Board :

Provided that when the Chairperson calls a meeting for considering any matter which in his opinion is urgent, notice 10 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

of not less than three days in advance shall be deemed sufficient.

5. Quorum for the meeting.—No business shall be transacted at any meeting of the Board unless, at least, six members are present.

6. Absence of any member from the Government.—If any Member leaves the Government for a period exceeding six months without intimation to the Chairperson, he shall be deemed to have resigned from the Board and he shall cease to be a Member on the expiry of the said period of six months.

7. Transaction of business.—Every question considered at a meeting of the Board shall be decided by a majority of the votes of the Members present and voting and in the event of tie, the Chairperson shall have a right to exercise his vote which shall be a casting vote.

8. Minutes of the Meetings.—Every decision taken in a meeting of the Board shall be recorded and the decisions taken shall be issued in the shape of minutes by the Secretary after confirmation of the Board.

9. Fees and Allowances.—

(i) The travelling allowance of an official member of the Board shall be governed by the rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary ;

(ii) Every non-official member of the Board shall be paid by the Board a sitting fee of Rupees Two Thousand and travel allowance at the rate of Rupees One Thousand per day subject to a maximum of three days.

(iii) The Chairperson shall be paid a sitting fee of Rupees

Two Thousand for attending the meetings.

(i) The Board may appoint as many Sub-Committees, as it may deem fit for the proper discharge of its duties and No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 11 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— every non-official member of such sub-committees shall be allowed travelling allowances and daily allowance for attending the meeting of the Sub-Committee at such rates as are admissible to a Deputy Secretary of the Jammu and Kashmir Government ;

(ii) The sub-committee(s) shall consist of the following

persons, namely :—

(a) The Chairperson of the Board ;

(b) One Member representing the employers ;

construction workers ;

(d) Two Members, not below the rank of a Deputy

Secretary, to represent the Government ;

(iii) The Chairperson of the Board or an independent Member as the case may be, nominated by him shall be the Chairperson of the sub-committee(s) also and in the absence of Chairperson the members present shall elect one amongst them to preside over the meeting ;

(iv) No business shall be transacted in the meeting of a sub-committee unless at least three members of the committee are present of whom one shall be from the members representing employers and another one shall be from the members representing the building and other construction workers ;

(v) The term of the sub-committee shall be one year from

the date of its constitution ;

(vi) The recommendation of the sub-committee shall be placed

before the Board for its decision.

11. Information to the Government.—The Board shall furnish information to Government on such matters as the Government may refer to it, from time to time.

12. Appointment of Secretary and other officers.—An Officer not below the rank of Additional Secretary to the Jammu and Kashmir Government from in service Officers 12 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

may be appointed as Secretary of the Board and an Officer not below the rank of Under Secretary to the Jammu and Kashmir Government may be appointed in the Board at District level in addition to other staff provided to the Board from the Government Departments and appointed by the Board.

5. The amount in connection with premium for group insurance scheme of the beneficiaries under clause (c) of sub-section (6) of section 7.—The Jammu and Kashmir Building and Other Construction Workers Welfare Board shall devise a detailed scheme after taking into account all the parameters involved in the Social Security of the beneficiaries.

(1) Financial Assistance for Education.—

(a) The children of the beneficiary shall be entitled to financial assistance by the Board in the shape of scholarship categorised as per the following scale per academic year :—

(i) Up to 5th Class Rs. 2500.00

(ii) Class 6th to 8th Class Rs. 3500.00

(iii) Class 9th to 10th Rs. 4500.00

(iv) Class 11th to 12th Rs. 6000.00

(v) B. A., B.Sc, B. Com., BBA, BCA, Rs. 10000.00

B.Tech or any other recognized degree course

(vi) ITI Course Rs. 10000.00

(vii) Paramedical courses Rs. 10000.00

(viii) M.A., M.Sc, LLB, B.Ed., LLM, Rs. 15000.00

M.Com., M.Lib, MBA, MCA or any other recognized PG Course

(ix) Three Years Engineering or any other Rs. 30000.00

Recognised Diploma Course No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 13 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— (x) M.B.B.S., B.E., B.Tech, M.Tech., Rs. 50000.00

B.D.S., B.V.Sc., B.Sc Agriculture, B.Sc. Horticulture, B.Sc Forestry, B.Sc Nursing, M.S., M.D. Bachelor of Physiotherapy or any other Technical or Medical Degree or PG Course and Doctor of Pharmacy (Pharm. D)

(b) The financial assistance shall also be given to the dependent

brothers/sisters of the beneficiary ;

students pursuing the study through distance mode from IGNOU, Jammu University, Kashmir University, the financial

assistance may be extended on case to case basis ;

(d) The financial assistance in this behalf shall be restricted to two children/dependents of the beneficiary irrespective of

the Class/Course in a particular academic year ;

(e) An application for grant of financial assistance under this

rule shall be submitted to the officer authorised by the Board

in this behalf in Form-I and Form-II up to 12th standard and higher education respectively.

(f) The officer authorised by the Board, on detection of any fraud or wrong payment, may start proceedings of recovery

of the amount paid as if these were arrears of land revenue.

percentage obtained in Class 12th/Class 10th.—The Jammu and Kashmir Building and Other Construction Workers Welfare Board shall

formulate a sponsorship schemes for professional degrees/diploma based on the percentage obtained in Class 12th/Class 10th by the children

of beneficiaries.

(3) Providing Tab/Bicycles to the meritorious girl students.— The Jammu and Kashmir Building and Other Construction Workers

Welfare Board shall formulate a schemes of providing Tab to the meritorious girl children of beneficiaries residing in hilly areas and 14 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– bicycles to the meritorious girl children of beneficiaries residing in other

areas.

(4) Providing of one time Scholarship to the meritorious students of beneficiaries for preparing UPSC Civil Services and Jammu and Kashmir Combined Competitive Exams.—The Jammu and Kashmir Building and Other Construction Workers Welfare Board shall formulate a scheme of providing one time Scholarship to the limited number of meritorious students of beneficiaries for enabling them to prepare for UPSC Civil Services and Jammu and Kashmir Combined Competitive Exams.

7 . Financial Assistance for treatment of chronic disease under clause (e) of sub-section (6) of section 7.—The Board may provide financial assistance up to to maximum limit of Rs. 1.00 lac to the beneficiary and or his dependent family member in a financial year suffering from life consuming/chronic disease like cancer and other specified life consuming disease notified by the Government from time to time :

Provided that Jammu and Kashmir Building and Other Construction Worker's Welfare Board with the approval of Jammu and Kashmir Government can make any amendment in any of the schemes mentioned at Rule (5), Rule (6) and Rule (7).

8. Constitution of the Presiding Officer of Industrial Tribunal as an Employees Insurance Court.—(1) The Jammu and Kashmir Government may constitute the Presiding Officer of the Industrial Tribunal constituted under Industrial Relations Code as an Employees Insurance Court for the Territorial Jurisdiction of Jammu and Kashmir No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 15 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— and such presiding officer shall thereupon discharge the functions of the Employees Insurance Court in addition to his own duties.

(2) Fixing of time of sitting.—

(i) The Court shall appoint the time at which it shall sit at Srinagar and Jammu for holding proceedings under the provisions of this Code ;

(ii) The Court shall publicize the timing so fixed well in advance

for the convenience of stake holders.

(3) A Court shall be subject to the administrative control and

superintendence of the High Court and shall—

(a) Keep such registers, books and accounts as the High Court

may, from time to time, direct ;

(b) Comply with such requisitions as may be made by the High Court or the Government for submission of service records, returns and statements, in such forms and in such manner as the authority making the requisition directs ; and

as the Government may direct.

9. Right to File Second Appeal.—The Insured person or the Corporation may appeal to the Employees Insurance Court by presenting an application within 90 days of the date of communication of decision of the Medical Board or of the Medical Appeal Tribunal to the Insured Person or the Corporation, as the case may be :

Provided that the Employees Insurance Court may entertain an application after the period of 90 days, if it is satisfied that the appellant has sufficient reason for not presenting the application within the said period.

10. Application.—(1) Every proceeding under section 49 of the Code shall be instituted by the presentation of an application to the court.

(2) Every such application shall be verified in the same manner as a pleading in a Civil Court and shall be accompanied by two copies thereof.

(3) (a) the proceedings before an Employees Insurance Court

shall commenced by an application ;

16 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

(b) Such application shall be presented in Form-III, shall be duly stamped in accordance with these rules, and shall contain the following particulars :—

(i) The name of the Court in which the application is

brought ;

(ii) The full name including the father's name, description including age, occupation and place of residence of the applicant ;

(iii) The full name including the father's name, description including age, occupation and place of residence of the opposite party so far as they can be ascertained ;

(iv) Where the applicant or the opposite party is a minor or a person of unsound mind, a statement to that effect and the full name, age, occupation and address of his or her next friend or guardian ;

(v) The facts constituting the cause of action and the

date when it arose ;

(vi) The facts showing that the court has jurisdiction ;

(vii) Particulars giving the address within the jurisdiction of the court at which notice or summons may be served on the applicant ; and

(viii) The relief which the applicant claims.

11. The court may summarily reject an application, if it is

12. Production of Documents.—(1) When any application is based upon a document, the document shall be appended to the application.

(2) Any document, which any party desires to tender in evidence,

shall be produced at or before the first hearing.

(3) Any document which is not produced at or within the time

specified in sub-rule (1) or (2), as the case may be, shall not, without No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 17 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— the permission of the court, be admissible in evidence on behalf of the

party who should have produced it.

(4) All such documents shall be accompanied by an accurate list

thereof prepared in the manner prescribed in Form-IV

(5) Nothing in this rule shall apply to any documents which is

produced for the purpose of cross-examining a witness or is handed

to a witness to refresh his memory.

13. Register of Applications.—All application shall be entered

in a register in Form V called the Register of Proceedings. Such entries

shall be serially numbered for every calendar year according to the

order in which the applications are presented.

14. Place of Suing.—In cases falling outside the area in which

the insured person was working at the time the question or dispute

arose, a proceeding against any person shall be instituted in the court

within the local limits of whose jurisdiction—

(a) the opposite or each of the opposite parties where there are more than one, at the time of commencement of the proceedings, actually and voluntary resides, or carries on business, or personally works for again, or ;

(b) any of the opposite party, where there are more than one,

at the time of commencement of the proceedings, actually and voluntary resides, or carries on business, or personally works for again, provided that in such cases, either leave of the court is given, or the opposite parties who do not reside, carry on business or personally work for again, as aforesaid, acquiesce in such institution ; or

15. Limitations.—(1) Every application to the court shall be

brought within three years from the date on which the cause of action

arose, or as the case may be, the claim became due :

Provided that the court may entertain an application after the said

period of three years if it is satisfied that the applicant has sufficient

reasons for not making the application within the said period.

18 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

(2) Subject as aforesaid, the provisions of Part-ii & iii of the Indian

Limitation Act, 1908 (Central Act-IX of 1908), shall, so far as may

be apply to every such applications.

16. Applications presented to Wrong Court.—(1) Where, on

receiving an application, it appears to the court that it should be presented

to another court, it shall return to the applicant after endorsed upon

it the dates of presentation and return, the reason for returning it and

the name of the court to which it should be presented.

(2) Where it appears to the court at any stage subsequently to

the presentation of an application, that the application should have been

presented to another court in the same state, the first mentioned court

shall send the application to the court empowered to deal with it and

shall inform the applicant (and the opposite party, if he has received

a copy of application under rule-17) accordingly.

(3) The court to which an application is transferred under

sub-rule (2) may continue the proceeding as if the previous proceeding

or any part of it had been taken before it, if it is satisfied that the

interests of the parties will not thereby be prejudiced.

17. Issue of Summons.—(1) On receiving an application, the

court shall ordinarily within three days thereof, cause to be send to

the party from whom the applicant claims relief (hereinafter referred

to as the "opposite party"), a summon in Form-VI and Form-VII,

electronically or otherwise, as the case may be, to appear and answer

the application on a day, not later than fifteen days from the date of

issuance of such summons :

Provided that no such summons shall be issued when the opposite

party has appeared at the presentation of the application and admitted

the applicant's claim.

(2) A copy of application shall also be send along with the summons

under sub-rule (1).

18. Service of Summons or Notice.—(1) A summon or notice

may, on payment of the required fee, be sent by the court by which

it is issued, either by registered post or in such other manner as the

court thinks fit.

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 19 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— (2) Where the court is satisfied that there is reason to believe

that the opposite party is avoiding service or that for any reason the

summons or the notice cannot be served in the ordinary way, the court

shall order summons or the notice to which served by publication in

the leading newspapers or in any other mode as may court think proper.

(3) Where a summons or notice is served under sub-rule (2) the

court shall fix such time for the appearance of the opposite party as

the circumstances of the case may required.

19. Additions at matter at Summons.—The court shall determine

at the time of issuing of summons, whether it shall be for the settlement

of the issues only or for the final disposal of the application, or for

both and the summons shall contain a direction accordingly, the court

may call upon the parties to produce upon that date any evidence which

they wish to tender.

20. Written Statement.—(1) The opposite party may, and, if so

required by the court, shall, at or before the first hearing or within

such time as the court may permit, present a written statement of his

defence along with the documents on which he relies and an accurate

list thereof in Form-IV.

(2) Every such written statement shall be verified in the same

manner as a pleading in a civil court and shall be accompanied by

two copies thereof.

(3) In every written statement submitted under sub-rule (1), the

opposite party shall deal specifically with each allegation of fact alleged

by the applicant, of which he admitted or does not admit or denies

the truth. The written statement must also contain all matters which

show that the application is not maintainable and all such grounds of

defence as, if not raised would be likely to take the applicant by surprise

or would raise issues of fact not arising out of the application as for

instant, fraud, undue influence or coercion, release, pained, performance

or fact showing illegality of the transaction.

Court.—Where any party from whom a written statement is required

fails to present the same within the time prescribed by the court, the 20 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– court may pronounce judgement against it or make such order in relation

to the proceeding as it thinks fit.

22. Framing of issues.—(1) At the first hearing of the application,

after the summons is served, the court shall, after considering the

application and written statement, if any, or after such examination of

the parties or any person or any document as may appear necessary,

ascertain upon what material proposition of fact or of law the parties

are at variance, and shall thereupon proceed to frame and record the

issue upon which the right decision appears to depend.

(2) In recording the issues, the court shall distinguish between those

issues which in its opinion concern points of facts and those which

concern points of law.

(3) The court may, in like manner, at any time before passing

its final order at to, strike out from or in any way amend the issues

on such terms as it may think fit.

23. Order where parties are not at issue.—Where at any

hearing of the case it appears that the parties are not at issue on any

question of law or a fact, the court may at once pronounce its final

order.

Non-Appearance.—(1) On the day fixed in the summons for the

opposite party to appear and answer, the parties shall be in attendance

at the court in person or or as prescribed in sub-section (2) of section

51 of the Code.

(2). When neither party appears when the application is called

on for hearing, the court may make an order that the application be

dismissed.

(3) Where the opposite party appears and the applicant does not

appear when the application is called on for hearing, the court shall

make an order that the application be dismissed. However if the opposite

party admits the claim or part thereof in which case the court shall

make an order against the opposite party upon such admissions and

where part only of the claim has been admitted, it shall dismiss the

case so far as it relates to the remainder.

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— (4) Where the applicant appears and the opposite party after

receiving the summons fails to appear when the application is called

on for hearing, the court may proceed ex parte.

(5) Where the application is wholly or partially dismissed under

sub-rule (2) or (3) the applicant may within thirty days of such dismissal

apply in Form-VIII for an order to set the dismissal aside and the court

shall, if it is satisfied that he was prevented from appearing when the

proceeding was called on for hearing due to any sufficient cause make

an order setting aside the dismissal upon such terms as to costs or

otherwise as it thinks fit and may proceed with the case or appoint

a day for proceeding with the same :

Provided that no order under this sub-rule shall be made in respect

of an application which is dismissed under sub-rule (3) unless notice

of the application has been served in Form-IX on the opposite party.

(6) In any application in which an ex parte order has been passed

against the opposite party, he may within thirty days from the date of

such order apply in Form-VIII to the court which passed the order

to set it aside and if the court is satisfied that he was prevented from

appearing when the proceeding was called on for hearing due to any

sufficient cause, it shall after servicing notice thereof to the applicant

in Form-IX make an order setting aside the order upon such terms

as to costs or otherwise as it thinks fits or may proceed within the

hearing of the case or appoint a day for proceeding within the same.

25. Summoning of Witnesses.—(1) At any time after the framing

of issues, the court may call upon the parties to produce their evidence

in support of the issues.

(2) The court may, on the application of either party, issue a

summons in Form-X to any witness directing him to attend or to produce

any document.

(3) The court may, before summoning any witness on application

under sub-rule (2) require that his reasonable expenses to be incurred

in attending the court, be deposited with it.

26. Grant of time and adjournment of hearing.—(1) The court

may, if sufficient cause is shown, at any stage of the application, grant 22 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– time to the parties or to any of them, and may, from time to time,

adjourn the hearing of the application.

(2) In every such adjournment, the court shall fix a day not

exceeding fifteen days from the date on which such adjournment is

made for the further hearing of the application and may make such

order as it thinks fit with respect to the cost occasioned by the

adjournment :

Provided that when the hearing of the evidence has once begun,

the hearing of the application shall continue from day to day until all

the witnesses in attendance have been examined, unless the court finds

the adjournment of the hearing beyond the following day to be necessary

for reasons to be recorded.

27. Right to begin to proceeding.—The applicant has the right

to begin unless the opposite party admits the facts alleged by the

applicant and contends that, either in point of law or on some additional

facts alleged by the opposite party, the applicant is not entitled to the

relief which he seeks, in which case the opposite party has the right

to begin.

28. Statement and Production of Evidence.—(1) On the day

fixed for the hearing of the application or on any other day to which

hearing is adjourned, the party having the right to begin shall state his

case and produce his evidence in support of the issues which he is

bound to prove.

(2) The other party shall then state his case and produce his

evidence, if any, and may then address the court generally on the whole

case.

(3) The party beginning may then reply generally on the whole

case.

29. Method of Recording Evidence.—The evidence of each

witness shall be taken down in writing in the language of the court,

not ordinarily in the form of question and answer, but in that of narrating,

and when completed, shall be read over or translated, where necessary,

in the presence of the judge to the witness, and such judge, shall, if

necessary, correct the same and sign it.

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 23 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 30. Recall of witness.—The court may at any stage of a

proceeding recall any witness who has been examined and may (subject

to the law of evidence for the time being in force) put such questions

to aim as the court thinks fit.

31. Inspection by Court.—The court may at any stage of a

proceeding inspect any property or thing concerning which any question

may arise.

32. Pronouncement of Order.—The court, after the application

has been heard, shall pronounce its final order in open court, either

at once or on some future day, of which due notice shall be given

to the parties.

33. Signing of Order.—The final order shall be dated and signed

in open court at the time of pronouncing it and, when once signed,

shall not afterwards be altered or added to, save in the case of clerical

or arithmetical mistake arising from any accidental slip or omission.

34. Statement of decision on each issue.—In cases in which

issues have been framed the court shall state its finding or decision,

with the reason therefore, upon each separate issue, unless the findings

any one or more of the issues is sufficient for the decision of the case.

35. Compromise of Suit.—Where it is proved to the satisfaction

of the court that a case has been adjusted wholly or in part by any

lawful agreement or compromise or where the opposite party satisfies

the applicant in respect of the whole or any part of the subject matter

of the case, the court shall order such agreement, compromise or

satisfaction to be recorded, and shall pass a final order in accordance

therewith so far as it relates to the case.

36. Finality of Order.—Save as provided in section 52, the order

of a court shall be final and binding upon the parties

37. Costs.—(1) The cost of and incidental to the application shall

be in the discretion of the court, and the court shall have full power

to determine by whom or out of what property and to what extent

such costs are to be paid, and to give all necessary directions for

the purpose aforesaid. The fact that the court has no jurisdiction to

try the case shall be no bar to the exercise of such powers.

24 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

(2) Where the court directs that any cost shall not follow the event,

the court state its reason in writing.

38. Contents of the Decree.—(1) A decree in Form-XI shall

be prepared in conformity with the order made by the court; it shall

contain the number of application, the names and descriptions of the

parties, and particulars of the claim, and shall specify clearly the relief

granted or other determination of the proceedings.

(2) The decree shall also state the amount of costs incurred in

the proceeding and by whom and in what proportions such costs are

to be paid.

(3) The court may direct that the cost payable to one party by

the other shall set off against any sum which is admitted or found to

be due from the former to the later.

furnished.—(1) Certified copies of the final order, decree or any other

order or matter on record shall be furnished to the parties on application

to the court and at their expenses.

(2) If any party required copies of any order, decree or any other

matter on record made by or furnished to the court, as the case may

be, to be supplied to him within 48 hours of the submission of an

application therefore to the court, he shall pay an additional fee of

2 rupees per page of each such copy.

(3) If any party applies for copies of any order, decree or any

other matter on record made by or furnished by the court, as the case

may be, after the expiry of the 12 months from the date of such making

or furnishing, as the case may be, he shall pay an additional searching

fee of 5 rupees per page.

40. Execution.—(1) Any person in whose favour an order has

been passed shall, within one year from the date of the order, apply

in Form-XII to the court which made the order for its execution.

(2) An order of the Employees Insurance Court shall be

enforceable by it as if it were a decree passed in a suit by a Civil

Court.

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 25 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 41. Fees.—(1) The fee payable on an application in respect of

any matter referred in section 49 shall be 50 rupees.

(2) Subject to the provisions hereafter mentioned in this rule,

the fee payable in respect of any other application except a

written statement called for by the court under these rules shall be

50 Rupees :

Provided that the fee for an application for obtaining a copy of

translation of any document or record or statement order or decree

presented to or made before or by the court, as the case may be,

shall be 10 rupees per page.

(3) The fee for copies of any document or record, or statement

or order or decree shall be two rupees per page.

(4) The fee for any authorisation for the appearance of any person

under sub-section (2) section 51 on behalf of any of the parties in a

case shall be ten rupees

(5) The fee for filling certified copies of any document in the

court shall be ten rupees.

(6) All fees referred to in this rule and in rule (39) shall be

collected by means of court fees stamps used in ordinary courts and

no document which ought to bear stamp under these rules shall be

of any validity unless and until it is proper stamped :

Provided that, where any such document is through mistake or

inadvertence received, filed or used in a court without being proper

stamped, the court may, if it thinks fit, order that such document be

stamped as it may direct and on such document being stamped

accordingly, the same and every proceeding relative thereto shall be

as valid as if it had been proper stamped in the first instance.

(7) No document requiring a stamp under this rule shall be acted

upon in any proceeding in a court, until the stamp has been cancelled.

42. Payment of Costs of Services of Summons etc.—(1) The

cost of services of summons or notices or the expenses of the witnesses

in any case or the fee payable in respect of any matter not referred

to in rule (41) shall be such amount as may be specified in each case 26 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– by the court and such amount or any other sum of money payable

under these rules shall be paid in such manner and within such time

as it may specify therefor.

(2) Any amount which is left over after meeting the expenses,

if any, for which it was intended, shall be returned by the court to

the party by whom or whose behalf the amount was originally paid

into the court.

(3) The court shall maintain proper accounts of the amount

received and disbursed under sub-rule (1).

43. Fees and Costs of Pauper Person.—The court may,

whenever it thinks fit, receive and register proceedings instituted under

this Act an applications made under these rules, by persons who are

paupers, and may issue summons or notices on behalf of such persons,

without payment or on a part payment of fees and costs mentioned

in rules (41 and 42).

to sub-section (1) of section 53.—In the case of nominee, or an

heir, who is minor, the competent authority shall invest the gratuity

amount deposited with him for the benefit of such minor in term deposit

with the Jammu and Kashmir Bank.

under sub-section (6) of section 55.—(1) A nomination shall be in

Form-(XIII) and submitted in duplicate by the employee either by

personal service, after taking proper receipt or by registered post

acknowledgement due or electronically to the employer,—

(i) in the case of an employee who is already in employment

for a year or more on the date of commencement of

these rules but not submitted the nomination, ordinarily,

within ninety days from such date ; and No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 27 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— (ii) in the case of an employee who completes one year of service after the date of commencement of these rules, ordinarily within thirty days of the completion of one year of service :

Provided that nomination in (Form-XIII) shall be accepted by the employer after the specified period, if filed and no nomination so accepted shall be invalid merely because it was filed after the specified period.

(2) Within thirty days of the receipt of nomination in Form-XIII under sub-rule (1), the employer shall get the service particulars of the employee, as mentioned in the form of nomination, verified with reference to the records of the establishment and return to the employee, after obtaining a receipt thereof, the duplicate copy of the nomination in Form-XIII duly attested either by the employer or an officer authorised in this behalf by him, as a token of recording of the nomination by the employer and the other copy of the nomination shall be recorded.

(3) An employee who has no family at the time of making a nomination shall, within ninety days of acquiring a family submit in the manner specified in sub-rule (1), a fresh nomination, as required under sub-section (4) of section 55, duplicate in Form-XIII to the employer and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis as if it was made under sub-rule (1).

(4) A notice of modification of a nomination, including cases where a nominee predeceases an employee, shall be submitted in duplicate in Form-XIII to the employer in the manner specified in sub-rule (1), and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis.

(5) A nomination or a fresh nomination or a notice of modification of nomination shall be, signed by the employee or, if illiterate, shall bear his thumb impression and shall be submitted by the employee electronically or by registered post acknowledgement due.

(6) A nomination, fresh nomination or notice of modification of nomination shall take effect from the date of receipt thereof by the

employer.

28 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– application to the competent authority under clause (b) of sub-section (5) of section 56.—(1) Application for Gratuity :—

(a) An employee who is eligible for payment of gratuity under the Code, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form-XIV to the employer :

Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement :

Provided further that an employee on fixed term employment shall be eligible for gratuity, if he renders service under the contract for a period of one year and he shall be paid gratuity at the rate of fifteen days' wages, based on the rate of wages last drawn by him, for every completed year of service or part thereof in excess of six months.

(b) A nominee of an employee who is eligible for payment of gratuity under the second proviso to sub-section (1) of section 53 shall apply, ordinarily within thirty days from the date of gratuity became payable to him, in Form-XIV to the employer :

Provided that an application in plain paper with relevant particulars shall also be accepted. The employer may obtain such other particulars as may be deemed necessary by him ;

(c) A legal heir of an employee who is eligible for payment of gratuity under the second proviso to sub-section (1) of section 53 shall apply, ordinarily within one year from the date of gratuity became payable to him, in Form-XIV to the employer ;

(d) Where gratuity becomes payable under the Code before the commencement of these rules, the periods of limitation specified in clauses (a), (b) and (c) of sub-rule (1) shall be deemed to be operative from the date of such commencement ;

(e) An application for payment of gratuity filed after the expiry

of the periods specified in this rule shall also be entertained No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 29 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— by the employer, if the applicant adduces sufficient cause

for the delay in preferring his claim, and no claim for gratuity

under the Code shall be invalid merely because the claimant

failed to present his application within the specified period.

Any dispute in this regard shall be referred to the competent

authority for his decision ;

(f) An application under this rule shall be presented to the

employer either by electronically or personal service or by

registered post acknowledgement due.

(2) Notice for payment of gratuity.—

(a) Within fifteen days of the receipt of an application under

sub-rule (1) for payment of gratuity, the employer shall—

(i) if the claim is found admissible on verification, issue a

notice in Form-XV to the applicant employee, nominee

or legal heir, as the case may be, specifying the amount

of gratuity payable and fixing a date, not being later than

the thirtieth day after the date of receipt of the application,

for payment thereof ; or

(ii) if the claim for gratuity is not found admissible, issue a

notice in Form-XV to the applicant employee, nominee

or legal heir, as the case may be, specifying the reasons

why the claim for gratuity is not considered admissible.

In the case of denial of gratuity a copy of the notice

shall be endorsed to the competent authority ;

(b) In case payment of gratuity is due to be made in the

employer's office, the date fixed for the purpose in the

notice in Form-XV under sub-clause (i) of clause (a) sub-rule (2) shall be re-fixed by the employer, if a written application in this behalf is made by the payee explaining why it is not possible for him to be present in person on the date specified ;

(c) If the claimant for gratuity is a nominee or a legal heir, the employer may ask for such witness or evidence as may 30 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

be deemed relevant for establishing his identity or

maintainability of his claim, as the case may be. In that

case, the time limit specified for issuance of notices under

clause (a) of sub-rule (2) shall be operative with effect from

the date such witness or evidence, as the case may be,

called for by the employer is furnished to the employer ;

(d) A notice in Form-XV shall be served on the applicant either

by personal service after taking receipt or by registered post

with acknowledgement due or electronically ;

(e) A notice under sub-section (2) of section 56 shall be in

Form-XV.

( ³ ) Mode of payment of gratuity.—The gratuity payable under

the Code shall be paid through Demand Draft or by crediting in the

bank account of the eligible employee, nominee or legal heir, as the

case may be :

Provided that intimation about the details of payment shall also

be given by the employer to the competent authority of the area.

(a) If an employer—

(i) refuses to accept a nomination under rule 34 or to

entertain an application sought to be filed under

sub-rule (1) ; or

(ii) issues a notice under clause (a) of sub-rule (2) either

specifying an amount of gratuity which is considered by

the applicant less than what is payable or rejecting

eligibility to payment of gratuity ; or

(iii) having received an application under sub-rule (1) fails to

issue notice as required under sub-rule (2) within the time

specified therein, the claimant employee, nominee or legal

heir, as the case may be may, within one hundred eighty

days of the occurrence of the cause for the application,

apply in Form-XVI to the competent authority for issuing No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 31 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— a direction under sub-section (5) of section 56 with as

many extra copies as are the opposite party :

Provided that the competent authority may accept any

application under this sub-rule, on sufficient cause being

shown by the applicant, after the expiry of the specified

period ;

(b) Application under clause (a) of sub-rule (4) and other

documents relevant to such an application shall be presented

in person to the competent authority or shall be sent by

registered post acknowledgement due or electronically.

(a) On receipt of an application under sub-rule (4) the competent

authority shall, by issuing a notice in Form-XVII, by

electronically or registered post acknowledgment due or in

person call upon the applicant as well as the employer to

appear before him on a specified date, time and place, either

by himself or through his authorised representative together

with all relevant documents and witnesses, if any ;

(b) Any person desiring to act on behalf of an employer or

employee, nominee or legal heir, as the case may be, shall

present to the competent authority a letter of authority from

the employer or the person concerned, as the case may

be, on whose behalf he seeks to act together with a written

statement explaining his interest in the matter and praying

for permission so to act. The competent authority shall

record thereon an order either according his approval or

specifying, in the case of refusal to grant the permission

prayed for, the reasons for the refusal ;

bound by the acts of the representative ;

(d) After completion of hearing on the date fixed under

clause (a), or after such further evidence, examination of

documents, witnesses, hearing and inquiry, as may be

deemed necessary, the competent authority shall record his 32 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

finding as to whether any amount is payable to the applicant

under the Code. A copy of the finding shall be given to

each of the parties ;

(e) If the employer concerned fails to appear on the specified

date of hearing after due service of notice without sufficient

cause, the competent authority may proceed to hear

and determine the application ex parte. If the applicant fails

to appear on the specified date of hearing without

sufficient cause, the competent authority may dismiss the

application :

Provided that an order under clause (e) of sub-rule (5) may,

on good cause being shown within thirty days of the said

order, be reviewed and the application reheard after giving

not less than fourteen days' notice to the opposite party

of the date fixed for rehearing of the application.

( ⁶ ) Place and time of hearing.—The sittings of the competent

authority shall be held at such times and at such places as he may

fix and he shall inform the parties of the same in such manner as

he thinks fit.

(7) Administration of oath.—The competent authority may

authorise a clerk of his office to administer oaths for the purpose of

making affidavits.

(8) Summoning and attendance of witnesses.—The competent

authority may, at any stage of the proceedings before him, either upon

or without an application by any of the parties involved in the proceedings

before him, and on such terms as may appear to the competent authority

just, issue summons to any person in Form-XVII either to give evidence

or to produce documents or for both purposes on a specified date, time

and place.

(9) Service of summons or notice.—

(a) Subject to the provisions of clause (b) any notice, summons,

process or order issued by the competent authority may be

served either personally or by registered post

acknowledgement due or electronically or in any other No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 33 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— manner as prescribed under the Code of Civil Procedure,

1908 (5 of 1908) ;

(b) Where there are numerous persons as parties to any

proceeding before the competent authority and such persons

are members of any trade union or association or are

represented by an authorised person, the service of notice

on the Secretary, or where there is no Secretary, on the

principal officer of the trade union or association, or on the

authorised person shall be deemed to be service on such

persons.

authority.—

(a) The competent authority shall record the particulars of each

case under section 56 and at the time of passing orders

shall sign and date the particulars so recorded ;

(b) The competent authority shall, while passing orders in each

case, also record the findings on the merits of the case

and file it together with the memoranda of evidence with

the order sheet ;

which is required by these rules to be signed by the

competent authority, may be signed on behalf of and under

the direction of the competent authority by any subordinate

officer appointed in writing for this purpose by the competent

authority.

(11) Direction for payment of gratuity.—If a finding is recorded

under clause (d) of sub-rule (5) that the applicant is entitled to payment

of gratuity under the Code, the competent authority shall issue a notice

to the employer concerned in Form-XVIII electronically or registered

post acknowledgment due or in person specifying the amount payable

and directing payment thereof to the applicant under intimation to the

competent authority within thirty days from the date of the receipt of

the notice by the employer. A copy of the notice shall be endorsed

to the applicant employee, nominee or legal heir, as the case may be.

34 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

(12) Appeal.—

(a) The Memorandum of appeal under sub-section (8) of

section 56 of the Code shall be submitted to the appellate

authority with a copy thereof to the opposite party and

the competent authority either through delivery in person

or under registered post acknowledgement due or

electronically ;

(b) The Memorandum of appeal shall contain the facts of the

case, the decision of the competent authority, the grounds

of appeal and the relief sought ;

certified copy of the finding of the competent authority and

direction for payment of gratuity ;

(d) On receipt of the copy of Memorandum of appeal, the

competent authority shall forward records of the case to

the appellate authority ;

(e) Within fourteen days of the receipt of the copy of the

Memorandum of appeal, the opposite party shall submit his

comments of each paragraph of the Memorandum with

additional pleas, if any, to the appellate authority with a copy

to the appellant ;

(f) The appellate authority shall record its decision after giving

the parties to the appeal a reasonable opportunity of being

heard. A copy of the decision shall be given to the parties

to the appeal by electronically or registered post or in person

and a copy thereof shall be sent to the competent authority

returning his records of the case.

(g) The competent authority shall, on receipt of the decision

of the appellate authority, make necessary entry in the

records of the case maintained by him ;

(h) On receipt of the decision of the appellate authority, the

competent authority shall, if required under that decision, No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 35 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— modify his direction for payment of gratuity and issue a

notice to the employer concerned in Form-XVIII specifying

the modified amount payable and directing payment thereof

to the applicant, under intimation to the competent authority

within fifteen days of the receipt of the notice by the

employer. A copy of the notice be endorsed to the appellant

employee, nominee or legal heir, as the case may be, and

to the appellate authority.

(13) Application for recovery of gratuity.—Where an employer

fails to pay the gratuity due under the Code in accordance with the

notice by the competent authority under sub-rule (11) or sub-rule (12),

as the case may be, the employee concerned, his nominee or legal

heir, as the case may be, to whom the gratuity is payable may apply

to the competent authority in duplicate in Form XIX for recovery thereof

under section 129 of the Code.

(1) Obtaining Insurance for payment of Gratuity.—Every

employer other than an employer of an establishment belonging to, or

under the control of, the Central Government or a State Government,

shall subject to provisions of clause (i) of sub-section (1) under

section 57, obtain an insurance in the manner prescribed for his liability

for payment towards the gratuity under this Act, from any Insurance

Company regulated by the authority as defined under clause (b) of

sub-section (1) of section 2 of the Insurance Regulatory and Development

Authority Act, 1999.

(2) Recovery of the amount of Gratuity.—

(i) The Competent Authority appointed under sub-section (4)

of section 57 is authorized to recover the amount of the

Gratuity payable to an employee, from the insurer with 36 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

whom an insurance has been taken under sub-section (1)

or as the case may be, the Board of Trustees of the

approved Gratuity Fund as defined in sub-section (5) of

section 2 of the Income Tax Act, 1961 ;

(ii) Such Board of Trustees should include equal number of

representatives of the employer and the employees of the

establishment.

(3) Registration of Establishment.—

(i) Every employer of an establishment covered by the Code

shall get his establishment registered electronically with the

Competent Authority of the area in Form-XX, within 30 days

from the notification of the compulsory insurance provided

under sub-section (1) of section 57 of the Code, along with

details of employees of the establishment, to be furnished

in Form-XXII ;

(ii) The certificate of registration shall be issued electronically

immediately if the application is complete in all respects but

not later than seven days from the date of submission of

complete application, falling which such establishment shall

be deemed to have been registered and the certificate of

registration shall be auto generated ;

(iii) Every employer shall furnish the details of the employees

insured, to the competent authority in Form-XXII at the time

of registration of the establishment with the competent

authority and thereafter whenever there is a change in the

employees insured

(4) Continuing approved Gratuity Fund.—Every employer of

an establishment covered under the Code, who had already established

an Approved Gratuity Fund in respect of his employees and who desires

to continue such arrangement, and every employer employing 500 or

more persons who establishes an Approved Gratuity Fund in accordance

with sub-section (5) of section 2 of the Income Tax Act, 1961 may

opt to continue/adopt such arrangement by submitting an option in No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 37 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— Form-XXI, provided such existing Approved Gratuity Fund covers the

entire liability of all the employees of the establishment, under the Act.

The Government of Jammu and Kashmir may by notification appoint

an officer not below the rank of Assistant Labour Commissioner to

be a competent authority for implementation of any provisions of

Chapter-V of Social Security Code, 2020 for such area as may be

specified in the said notification.

sub-section (3) of section 72.—(1) Complaint under section 72,—

(a) A complaint under sub-section (1) of section 72 shall be

made in writing in Form-(XXIII) as the case may be ;

(b) When a complaint referred to in section 72 is received by

an Inspector-cum-Facilitator, he shall examine the relevant

records maintained by the employer in this behalf, examine

any person employed in the establishment and take down

necessary statement for the purpose of the enquiry and if

he is satisfied that the maternity benefit or the amount has

been improperly withheld, he shall direct the employer to

make the payment to the woman or to the person claiming

the payment under section 63, as the case may be,

immediately or within a specified period.

(2) Appeal under section 72.—

(a) An appeal against the decision of the Inspector-cum-

Facilitator under sub-section (2) of section 72, shall lie to

the Competent Authority ;

(b) The aggrieved person shall prefer an appeal in writing to

the Prescribed Authority in Form-(XXIV) and file other

supporting documents ;

38 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

call from the Inspector-cum-Facilitator before a fixed date,

the record of the case. The Prescribed Authority shall, if

necessary, also record the statements of the aggrieved

person, and of the Inspector-cum-Facilitator and seek

clarification if any is required ;

(d) Taking into account the documents, the evidence produced

before him and the facts presented to him or ascertained

by him, the Prescribed Authority shall give his decision.

employer under sub-section (7) of section 76.—If the injury of

the employee results in his death, the employer shall, in addition to the

compensation under sub-section (1), deposit with the competent authority

a sum of not less than fifteen thousand rupees for payment of the

same to the eldest surviving dependent of the employee towards the

expenditure of the funeral of such employee or where the employee

did not have the dependent or was not living with his dependent at

the time of his death, to the person who actually incurred such

expenditure.

section 79.—(1) Application for review of a half monthly payment

under sub-section (1) of section 79 may be made without being

accompanied by a medical certificate—

(a) by the employer on the ground that since the right to

compensation was determined the Employee's wages have

increased ;

(b) by the employee, on the ground that since the right

to compensation was determined, his wages have

diminished ;

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 39 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— (c) by the Employee's, on the ground that employer, having

commenced to the pay compensation, has ceased to pay

the same, notwithstanding, the fact that there has been no

change in the employee's condition such as to warrant such

cessation ;

(d) either by the employer, or by the employee, on the ground

that in the determination of the rate of compensation for

the time being in force was obtained by fraud or undue

influence or other improper means ;

(e) either by the employer, or by the employee on the ground

that in the determination of compensation there is a mistake

or error apparent on the fact of the record.

(2) Procedure on application for review.—If, on examining an

application for review by an employer in which the reduction or

discontinuation of half monthly payments is sought it appears to the

Competent Authority that there is reasonable ground for believing that

the employer has a right to such reduction or discontinuance he may

at any time issue an order withholding the half monthly payments in

whole or in part pending his decision on the application.

52. Procedure on application for commutation.—(1) Where

application is made to the Competent Authority under section 80 for

the redemption of a right to receive half monthly payments the payment

of a lump sump, the Competent Authority shall form an estimate of

the probable jurisdiction of the disablement, and shall award a sum

equivalent to the total of the half monthly payments which would be

payable for the period during which the estimates that the disablement

will continue, less one half per cent, of the total for each month

comprised in that period :

Provided that fraction of a rupee including in the sum so computed

shall be disregarded.

(2) When, any case to which sub-rule (1) applies to Competent

Authority is enable to form an approximate estimate of the probable

duration of the disablement, he may from time to time postpone a

decision on the application for a period not exceeding two months at

any one time.

40 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

53. Class of employers and the form of notice book under sub-section (4) of section 82.—Every employer of an establishment dealing with hazardous nature of work shall maintain at his premises where employees are employed a notice book in Form-XXV.

(1) Employee not to be required to submit a medical examination same in accordance with rules.—An employee who is required by sub-section (1) of section 84 to submit himself for medical examination shall be bound to do so in accordance with the rules contained in this part and not otherwise.

(2) Examination when employee and medical practitioner both on premise.—When such employee is present at the employer's premises and the employers offers to have him examined free of charge by a qualified medical practitioner who is so present, the employee shall submit himself for examination forthwith.

(3) Examination in other cases.—In cases to which sub-rule

(2) does not apply the employer may—

(a) Send the medical practitioner to the place where the employee is residing for the time being in which case the workman shall submit himself for medical examination on being requested to do so by the medical practitioner ; or

(b) Send to the employee and offer in writing to have him examined free of charge by a qualified medical practitioner, in which case the employee shall submit for medical examination at the employer's premises or at such other place in the vicinity as is specified in such offer and at such time as is so specified :

Provided that—

(i) The time so specified shall not, save with the express consent with the employee, be between the hours of 7 P. M. and 6 A. M. ; and

(ii) In case where the employee's condition renders it impossible or in advisable that he should leave the place where he is residing the time being, he shall not be No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 41 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— required to submit himself for medical examination save at such place.

(4) Restriction on Number of Examinations.—An employee who is in receipt of a half monthly payment shall not be required to submit himself for medical examination elsewhere than at the place where he is residing for the time being more than twice in the first month following the accident or more than once in any subsequent month.

(5) Examination after suspension of right to compensation.— If an employee whose right to compensation has been suspended under sub-section (2) or sub-section (3) of section 84 subsequently offers himself for medical examination, his examination shall take place on the employer's premises or not such other places in the vicinity as may be fixed by the employer and at a time to be fixed by the employer not being save with the express consent of the employee, or more than 2 hours after the employee has so offered himself.

(6) Examination of Women.—

(a) No women shall without her consent medical examined by a male practitioner, save in the presence of another women ;

(b) No women shall be required to be medically examined by a male practitioner if she deposited a sum sufficient to cover the expenses of examination by a female practitioner.

55. The form of statement to be submitted by the employer under sub-section (1) of section 88.—The employer within 30 days from the date of receiving notice from the competent authority will furnish the statement in Form-XXVI.

(1) Form of Memorandum.—Memorandum of agreement sent to the Competent Authority under sub-section (1) of section 89 shall unless the Competent Authority otherwise directs be in duplicate, and shall be in as close conformity as the circumstance of the case admitted with Form-XXVII or Form-XXVIII or Form-XXIX or as the

case may be.

42 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

(i) On receiving a memorandum of agreement, the competent

authority shall unless he consider that there are grounds for

refusing to record the memorandum, fix a date for recording

the same, and shall issue a notice in writing in Form-XXX

to the parties concerned that in default of objection

he proposed to record the memorandum on the date so

fixed :

Provided that the notice may be communicated orally to any

parties who are present at the time when notice in writing

would otherwise issue ;

(ii) On the date so fixed, the competent authority shall record

the memorandum unless, after hearing any of the parties

who appear and desire to be heard, he considers that it

ought not to be recorded :

Provided that the issue of notice under clause (i) shall not

be deemed to prevent the competent authority form refusing

to record the memorandum on the date so fixed even if

no objection be made by any party concerned ;

(iii) If on such date the competent authority besides that the

memorandum ought not to be recorded, he shall inform the

parties present of his decision and of the reason therefore

and if any party desiring the memorandum to be recorded,

if not present, he shall send information to that party in

Form-XXXI.

(i) If, on receiving a memorandum of agreement, the Competent

Authority considers that are grounds for refusing to record

the same, he shall fix a date for hearing the party or parties

desiring a memorandum to be recorded, and shall inform

such party or parties and if he think fit, any other party No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 43 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— concerned of the date so fixed and of the grounds on

which he considers that the memorandum should not be

recorded ;

(ii) If, the parties to be informed are not present, a written

notice shall be sent to them in Form-XXXII or Form-XXXIII

as the case may be, and the date fixed in such notice shall

be not less than 7 days after the date of the issue of the

same ;

(iii) If, on the date so fixed under clause (i) the party or parties

desiring the memorandum to be recorded show adequate

cause for proceeding to record the same, the competent

authority may if information has already be given to all the

parties concerned record the agreement. If information has

not been given to all such parties he shall proceed in

accordance with the sub-rule (2) ;

(iv) If, on the date so fixed the competent authority refuses to

record the memorandum he shall send notice in Form-XXXI

to any party who did not received information under

clause (i).

(i) If, in any case the competent authority refuses to record

a memorandum of agreement, he shall briefly record his

reasons for such refusal ;

(ii) If, the competent authority refuses to record a memorandum

of agreement, he shall not pass any order directing the

payment of any sum or amount over and above sum

specified in the agreement unless opportunity has been given

to the party liable to pay such sum to show cause why

it should not be paid. Where the agreement is for the

redemption of half monthly payments by the payment of

a lump sump, and the competent authority considers that

the memorandum of agreement should not be recorded by

reasons of the inadequacy of the amount of such sum has

fixed in the agreement he shall record his estimates of the

probable duration of the disablement of the employee.

44 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

57. Such other experience and qualifications for appointment as a competent authority under sub-section (1) of section 91.— The State Government may by notification appoint competent authority

from the officers of the Government not below the rank of Assistant Labour Commissioner for the purposes of Chapter-VII.

58. The manner in which matters may be dealt with by or before a competent authority under sub-section (1) of section 92.—A competent authority under section 92 (1) (b) or (c) may initiate proceeding afresh or he may continue the previous proceeding initiated

under section 92 (1) (a) as if the same or any of its part had been taken before him if he is satisfied that the interest of the parties shall not thereby be prejudiced.

59. Time limit for disposal of application and costs incidental to the proceedings under sub-section (4) of section 93.—The time limit for the disposal of application under section 93 shall not be more

than six months. Provided that in the cases where disability is required to be proved in such cases the time limit "not more than six months" can exceed with the consent of both the parties but for not more than one year.

60. The manner of authentication of memorandum under section 97.—In recording a memorandum of agreement, the competent

authority shall cause the same to be entered in a register in Form-XXXIV and shall cause an endorsement to be entered under his signature on a copy of the memorandum to be retained by him in the following term, namely :—

"This memora ndum of agreement, bea ring Serial No................................................... of 20 ..................................

in the register has been recorded this ..................... day of ..................................."

61. Time limit to pay the amount of cess under section 101.—

The date of payment of cess under section 100 shall be the date on

which the amount is deposited with the cess collector, or the date of No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 45 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— deduction at source or the date on which the amount has been deposited

with the local authority respectively as per the rules framed by the

Central Government.

An appeal preferred under sub-section (1) shall be accompanied by

non-refundable fee equivalent to half per cent, but not exceeding rupees

twenty five thousand of the amount in dispute or penalty or both, as

the case may be, under such appeal.

120.—The Jammu and Kashmir Government in this regard and in

consultation with Jammu and Kashmir Unorganised Social Security

Board and the Jammu and Kashmir Building and Other Construction

Workers Welfare Board shall frame a detailed policy.

under section 121.—(1) Where the Jammu and Kashmir Unorganised

Social Security Board and the Jammu and Kashmir Building and Other

Construction Workers Welfare Board is of the opinion that the amount

of contribution, cess, interest and damages due to these boards has

become irrecoverable, the said Boards or any other officer authorised

by them in this behalf may sanction the writing off of the said amount,

subject to the following conditions, namely :—

(i) Establishment has been closed for more than five years and

the whereabouts of the employer cannot be ascertained,

despite all possible efforts ;

46 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

(ii) Decree obtained by the said Boards could not be executed

successfully for want of sufficient assets of the defaulting

employer ; or

(iii) Claim for contribution is not fully met by—

(a) The Official Liquidator in the event of factories/

establishments having gone into liquidation ; or

(b) The Competent Authority of payments in the event of

unit being nationalised or taken over by the Government.

(e) of sub-section (6) of section 122.—The Inspector-cum-Facilitator

shall also exercise other powers the Jammu and Kashmir Government

may deem proper from time to time.

section 123.—(1) Register of Women Employees—

(a) The employer of every establishment in which women are

employed shall prepare and maintain a register of women

employees in Form (XXXV) electronically or in hard copy

and shall enter therein particulars of all women workers in

the establishment.

Further, it shall always be available for inspection

under notified inspection scheme for the Inspector-cum-

Facilitator ;

(b) The employer may enter in the register of women employees

such other particulars as may be required for any other

purpose of the Code.

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 47 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— (2) Records.—Records kept under the provisions of the Code

and the rules framed thereunder shall be preserved for a period of

two years from the date of their preparation.

(3) Annual returns.—

(a) The employer to which the provisions of Chapter V of the

Code applies, on or before the 1st day of February in each

year, upload a unified annual return in Form-XXXVI online

on the web portal of the Government or otherwise giving

information as to the particulars specified, in respect of the

preceding year :

Provided that during inspection, the Inspector-cum-Facilitator

may require the production of accounts, books, register and

other documents maintained in electronic form or otherwise.

Explanation :—For the purposes of this sub-rule, the

expression "electronic form" shall have the

same meaning as assigned to it in

clause (r) of section 2 of the Information

Technology Act, 2000 (21 of 2000) ;

(b) If the employer to which the Code applies sells, abandons

or discontinues the working of the establishment, then, he

shall, within one month of the date of such sale or

abandonment or four months of the date of such

discontinuance, as the case may be, upload online, on the

web portal of Government a further unified return in

Form-XXXVI referred to in clause (a) in respect of the

period between the end of the preceding year and the date

of the sale, abandonment or discontinuance.

offence under sub-section (4) of section 138.—(1) The officer

authorized by the Jammu and Kashmir Government by notification for 48 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– the purposes of compounding of offences under sub-section (1) of

section 138 shall issue electronically or otherwise a compounding notice

in Form-XXXVII for the offences which are compoundable under

section 138.

(2) The person so noticed may apply in Part-III of the

Form-XXXVII to the officer electronically and deposit the entire

compounding amount by electronic transfer or otherwise, within fifteen

days of the receipt of the notice.

(3) The Compounding Officer shall issue a composition certificate

in Part-IV of Form-XXXVII within ten days of receipt of the

composition amount, to such person from whom such amount has been

received in satisfaction of the composition notice.

(4) If a person so noticed fails to deposit the composition amount

within the prescribed time, the prosecution shall be instituted before the

Competent Court or the offence in respect of which the compounding

notice was issued, against such person.

(a) The Court may compound any compoundable offence at any

time after filing of a complaint under section 138 of the

Code ;

(b) The provisions of section 320 of the Code of Criminal

Procedure, 1973 shall apply to such compositions.

sub-section (2) of section 139.—(1) Reporting of Vacancies to Career

Centres—

(a) After the commencement of this Code in Jammu and

Kashmir, the employer in every establishment in public

sector shall, before filling up any vacancy in any employment

in that establishment, report that vacancy or cause to be No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 49 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— reported to such Career Centre as may be specified in the

notification by the Government ;

(b) The employer in every establishment in private sector or

every establishment pertaining to any class or category of

establishments in private sector shall, before filling up any

vacancy in any employment in that establishment, report that

vacancy or cause to be reported to such Career Centre

(Regional) from such date as may be specified in the

notification by the Government ;

mechanism (including digital) for receipt of vacancies

reported by the employers. Career Centre to which the

vacancies are reported, would provide a unique vacancy

reporting number for the vacancy reported and convey it

to the employer in writing, through email or digitally or

through any other such media immediately but in any case

not later than three working days from the date of receipt

of reporting of vacancies.

Explanation :—(1) Establishment in "public sector" means an

establishment owned, controlled or managed by—

(i) the Government or a Department of the

Government ;

(ii) a Government company as defined in

clause (45) of section 2 of the Companies Act,

2013 (No. 18 of 2013) ;

(iii) a corporation (including a co-operative society)

or an autonomous organization or an authority

or a body established by or under a Central

or State Act, which is owned, controlled or

managed by the Government ; and

(iv) a local authority.

(2) "Establishment in private sector" means an establishment

which is not an establishment in public sector and with ordinarily 50 50 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– or more employees or such number of employees as may be notified

by the Government.

(a) The following vacancies, namely :—

(i) All vacancies in posts of Technical and Scientific nature

carrying a minimum pay or pay level or both as notified

by the Central Government, occurring in establishments

in respect of which the Central Government is the

appropriate Government under the Code ; and

(ii) Vacancies which an employer may desire to be circulated

to the Career Centers outside the State or Union Territory

in which the establishment is situated shall be reported

to such Career Centre (Central) as may be specified by

the Central Government by notification ;

(b) Vacancies other than those specified in clause (a) of

sub-rule (2) above, shall be reported to the Career Centre

(Regional) concerned ;

(Regional) and for which recruitment is to be made on State

or Inter-State or all India basis, shall also be reported to

Career Centre (Central) or uploaded on a digital portal as

specified by the Government by notification.

(4) Form and manner of reporting of vacancies.—

(a) The vacancies shall be reported in writing or through valid

official email or digitally to the Career Centre specified by

the Jammu and Kashmir Government ;

(b) The vacancies shall be reported in the format given at

Form-XXXVIII, furnishing as many details as practicable,

separately in respect of each type of vacancy ;

Career Centre under clause (a) of sub-rule (3), shall be No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 51 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— reported in writing or through official email or digitally as

the case may be, to the specified Career Centre.

(5) Time limit in the reporting of vacancies.—

(a) Vacancies, required to be reported to the Career Centre

(Regional), shall be reported at least fifteen days before

the last date of receipt of the applications of the prospective

candidates for purpose of appointment or taking interview

or test against the vacancies reported ;

(b) Vacancies required to be reported to the Career Centre

(Central) shall be reported at least forty days before the

last date of receipt of the applications of the prospective

candidates for purpose of appointment or taking interview

or test against the vacancies reported.

(6) Maintenance of records.—

(a) After commencement of this Code in any state or area

thereof, the employers in every establishment in the public

sector in that state or area shall maintain records manually

or electronically or digitally about—

(i) Total number of employees (regular, contractual or fixed

term employment) on 31st March of every year ;

(ii) Persons recruited during the yea r ending on

31st March ;

(iii) Occupational details of its employees on 31st March of

every year ;

(iv) Vacancies for which suitable candidates were not available

during the year ending on 31st March ; and

(v) Approximate number of vacancies likely to occur during

the next financial year.

(b) The Jammu and Kashmir Government may by notification,

require that from such date as may be specified in the

notification, the employer in every establishment in private 52 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

sector or every establishment pertaining to any class or

category of establishment in private sector shall maintain

records manually or electronically or digitally about—

(i) Total number of employees (regular, contractual or fixed

term employment) on 31st March of every year ;

(ii) Persons recruited during the yea r ending on

31st March ;

(iii) Occupational details of its employees on 31st March of

every year ;

(iv) Vacancies for which suitable candidates were not available

during the year ending on 31st March ; and

(v) Approximate number of vacancies likely to occur during

the next financial year.

(7) Submission of returns.—An employer shall furnish to the

concerned Career Centre (Regional) yearly returns in form EIR

(Employment Information Return) as given at Form-XXXIX. Yearly

returns shall be furnished manually or, electronically, or digitally, as the

case may be, as specified by the respective Government in notification,

within thirty days of the due date namely 31st March of the year.

(8) Declaration of Executive Officer.—

(a) The Director of Employment or officer of his equivalent

or above rank, controlling the work of Career Centres

(Regional) of the respective Government, will declare in

writing an officer looking after the work of Career Centres

(Regional) as "Executive Officer" for each district for the

purpose of enforcement/implementation of Chapter XIII

(Employment Information and Monitoring) of the Code. He

shall be the officer who shall exercise the rights and perform

duties referred to in section 139 of the Code, or authorize

any person in writing to exercise those rights and perform

duties ;

(b) The Government, will declare in writing an officer looking

after the work of Career Centres as "Executive Officer" No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 53 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— for the purpose of enforcement/implementation of Chapter XIII (Employment Information and Monitoring) of the Code. He shall be the officer who shall exercise the rights and perform duties referred to in section 139 of the Code.

(9) Levy of penalty under the Chapter XIII of the Code.— The Director of Employment or an officer of equivalent or above rank, controlling the work of Career Centres (Regional) of the Jammu and Kashmir shall be the competent authority to approve institution or sanction the institution of levy of penalty for an offence under the Code as mentioned in section 133.

(10) Issue of guidelines.— For implementation of provisions of Code on Social Security, 2020 relating to Chapter XIII and rules thereof, the Jammu and Kashmir Government may issue detailed guidelines as per local needs.

69. Manner of establishment and administration of the Social Security Fund under sub-section (5) of section 141.—(1) All the following funds received shall be credited to separate account(s) and called as Jammu and Kashmir Social Security Fund and all expenses towards the scheme(s) notified under sections 109 and 114 for the Unorganised Workers, Gig Workers and Platform Workers shall be met out of this fund :—

(a) under sub-section (1) of section 141 of the Code on Social

Security, 2020 (36 of 2020) ; and

(b) under sub-section (1) of section 115 of the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020).

(2) The Government shall identify the source(s) for initial funding/ replenishing the Jammu and Kashmir Social Security Fund from time to time.

(3) The fund shall be administered by the Government through an agency designated by the Jammu and Kashmir Government in the

manner, as notified by the Central Government.

54 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

(4) Directions of the Jammu and Kashmir Government, if any shall

be complied by the agency designated for the administration of the

Jammu and Kashmir Social Security Fund.

(5) The statement of accounts of Jammu and Kashmir Social

Security Fund shall be maintained by the agency, in the form(s) and

manner as specified by the Jammu and Kashmir Government and shall be submitted to the Government from time to time.

(6) The accounts of the Jammu and Kashmir Social Security Fund shall be audited by Comptroller and Auditor General of India and Local

Fund Office of Jammu and Kashmir Government.

as the case may be, shall comply with after such exemption under sub-section (2) of section 143.—(1) The establishment to which

exemption has been granted from the provision of Chapter IV of the Code—

(a) shall maintain such records regarding the exempted employees

and submit such returns and other information to the Corporation as may be specified in the Regulations ; and

(b) in case of change of legal status of an establishment which has been granted exemption under section 143 of the Code,

due to merger, demerger, acquisition, sale, amalgamation,

formation into a subsidiary, whether wholly owned or not, etc. the exemption shall be deemed to be cancelled and

the establishment shall be required to apply afresh for exemption, to the appropriate Government.

(2) For the purposes of Chapter III, the establishment and/or employer, after the grant of exemption, shall comply with all such terms

and conditions as may be specified in the Provident Fund Scheme or

the Pension Scheme or the Insurance Scheme, as the case may be, framed under section 15 of the Code.

under sub-section (1) of section 143.—(1) A Board of Trustees

shall be established for the management of the Provident Fund or the No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 55 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— Pension Fund according to such directions as may be given by the

Central Government or the Central Provident Fund Commissioner, as

the case may be, from time to time.

(2) The Board of Trustees shall consist of such equal number

of representatives each of the employers and employees as may be

prescribed in the Provident Fund Scheme or the Pension Scheme, as

the case may be.

(3) The employer of such exempted establishment shall be the

Chairperson of the Board of Trustees. The Chairperson may exercise

a casting vote in an event of equality of votes. However, arm's length

principles shall be maintained by the Chairperson in all meetings of the

Board of Trustees.

(4) The Board of Trustees shall meet at least once in every three

months and shall function in the accordance with the guidelines that

may be issued from time to time by the Central Government or the

Central Provident Fund Commissioner or any officer authorized by him.

(5) The terms and conditions, including the tenure of office of

the Trustees, the procedure and manner for election or nomination of

the representatives of the employees and of employers to the Board

of Trustees, disqualification and cessation of trusteeship, re-election or

re-nomination of trustees, the quorum at the meeting of the Board,

records to be kept of the transaction of business and all such other

matters and conditions for the management of the Trust shall be as

provided for in the Provident Fund Scheme or the Pension Scheme,

as the case may be.

(6) In case of any dispute or doubt on any general issues within

the ambit of these terms and conditions, the matter shall be referred

to the Regional Provident Fund Commissioner in whose jurisdiction the

head office of the establishment is located. The decision of the Regional

Provident Fund Commissioner in the matter shall be final and binding.

establishment or by any other person under section 148.—If any

Establishment or any other person to which the provisions of this Code 56 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– applies, found misusing any benefit granted to it or him under this Code

or rules, regulations, schemes made or framed thereunder then, the

Government of Jammu and Kashmir may by notification deprive such

establishment or other person as the case may be from such benefit

for such time as may be specified in the notification :

Provided that no such notification shall be issued unless an

opportunity of being heard is given to such establishment or other person

as the case may be.

General, Labour Bureau under section 156.—A copy of Form-XV

(notice for Payment/Rejecting claim of Gratuity) shall be shared

electronically with the designated authority of the Government.

––––– No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 57 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-I (See Rule 6) Name of the Bank……………………….

Account No……………………………..

1. Name of the Registered manual Name............................. worker/parentage/address with Parentage....................... PIN Code Address.......................... 2. Registration Number and date of Aadhaar number.............

initial registration

3. Bank details:

i. Name of the Bank with

Bank Branch

ii. IFSC Code. iii. Account No.

4. Mobile No.

A. Details of the Son or Daughter for whom educational assistance

is sought for—

S. Name of Relationship Aadhaar Date of Examination Session Name of

No. the Child- No. Birth passed the school

ren

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 6 7 8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Note :—Copy of the Marks Sheet in support of having passed the examination duly attested by the Gazette Officer should be enclosed.

B. Details of the children for whom the educational assistance have

already been availed from the Board.

S Name of Class for which Session Amount of Date of No. the Children assistance availed assistance receipt –––––––––––––––––––––––––––––––––––––––––––––––––––––– –––––––––––––––––––––––––––––––––––––––––––––––––––––– Mobile No………… Phone No……………..

58 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

I hereby declare that the particulars furnished above are correct and true to the best of my knowledge. In the event of any information given above is ultimately found to be false, I will refund the amount received as assistance and I shall be personally liable for legal implications thereof. I further declare that I have not availed any similar assistance from any other Welfare Board or Board constituted by the Government of Jammu and Kashmir or Government of India.

Dated :

Place :

Signature of the Registered Construction Worker.

Photograph of the students to be attested by the Principal/Student

Certificate from the Principal/Headmaster of the concerned School I hereby certify that________________________ and______________S/o, D/o_______________ R/o_____________is/are reading in the ________ class and__________________Class under Roll No.________and_______________ respectively and the information furnished by the applicant at Column A is Correct.

Photograph of the students to be attested by the Principal/Student

Further, I certify that our school is Government recognized bearing recognition No._____________ dated____________issued by the ____________.

After thorough examination of the application of the applicant with respect to the records available with this office following observations made :—

1. That the applicant is registered manual workers under Reg. No.__________________________dated__________________.

2. That the applicant has already availed Educational Assistance for his children namely___________________________________ and _____________for an amount of Rs._________________ for the year __________ hence he is not entitled again for the year_______________ for the same purpose.

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 59 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 3. That the applicant has not availed Educational Assistance for the children namely_______________________________________ and _______________ for the year___________________hence entitled for Educational Assistance for the year________________.

4. That the children are students of Class_________________ and______________hence entitled for Rs.______________as per guidelines of the Building and Other Construction Workers Welfare Boar d as Educationa l Assistance for the year_______________.

I hereby recommended, after due verification a sum of Rs…………. (Rupees ………………………………..) as Educational Assistance in favour of Sh./Smt……………………….a registered worker under registration No. ………………………..dated…………………………..

Upon the recommendation of the Labour Officer/Labour Inspector, Circle……………….. I approve an amount of Rs……………..in favour of the registered manual worker applied for and the incharge of the B. C. Section is directed to prepared the applicants case accordingly for release of payment.

Assistant Labour Commissioner, ……………………District.

An amount of Rs……………………………….paid to the applicant vide payees Account Cheque No. ....................…………………….. dated……………………….or online credit to his Account through J&K Bank…………………vide authority letter No. ...........................……… dated……………………………….

60 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

FORM-II (See Rule 6) Name of the Bank……………………….

Account No. …………………………..

initial registration

3. Bank details:

i. Name of the Bank with

Bank Branch

ii. IFSC Code. iii. Account No.

4. Mobile No.

A. Details of the Son or Daughter for whom educational assistance

is sought for—

S. Name of Relationship Aadhaar Date of Examination Session Name of

No. the Child- No. Birth passed the College/

ren

University

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

Note :—Copy of the Marks Sheet in support of having passed the examination duly attested by the Gazette Officer should be enclosed.

B. Details of the children for whom the educational assistance have

already been availed from the Board.

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 61 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— Declaration by the Applicant

Dated :

Place :

Signature of the Registered Construction Worker.

Photograph of the students to be attested by the Principal/Student

I hereby certify that________________________ and______________S/o, D/o_______________ R/o_____________is/are reading in the ________ class and__________________Class under Roll No.________and_______________ respectively and the information furnished by the applicant at Column A is Correct.

Photograph of the students to be attested by the Principal/Student

Further, I certify that our school is College/ University recognized bearing recognition No._____ dated____________issued by the ____________.

After thorough examination of the application of the applicant with respect to the records available with this office following observations made :—

1. That the applicant is registered manual workers under Reg. No._________________________dated___________________.

62 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

3. That the applicant has not availed Educational Assistance for the children namely_______________________________________ and _______________ for the year___________________hence entitled for Educational Assistance for the year________________.

Upon the recommendation of the Labour Officer/Labour Inspector, Circle……………….. I approve an amount of Rs. ……………..in favour of the registered manual worker applied for and the incharge of the B. C. Section is directed to prepared the applicants case accordingly for release of payment.

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 63 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-III

In the Employees Insurance Court at……………………………

1. Name with full address Applicant

Against

2. Name with full address Opposite party.

Other particulars of the application specified in rule-10.

Date

Signature of the Applicant.

The statement of facts contained in this application is to best of

my knowledge and belief true and correct.

Date

Signature.

64 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

List of documents produced by applicant/opposite party.

1. In the case 2. Name of 3. Number, etc. Number Description –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– –––––––––––––––––––––––––––––––––––––––––––––––––––––– –––––––––––––––––––––––––––––––––––––––––––––––––––––– Name Date of presentation of application Number of Proceeding Place of residence Description	titled : the court : : Date, if any, which the documents bear 3 Name Description Place of residence ––––––––	Signature of party or pleader or any authorized representative 4 Particulars Amount or value, if any When the cause of action occurred
Employees Applicant –––––––––––––––––––––––––––––––––––––––––––––––––––––– Day for parties to appear Applicant Opposite party	Register Insurance Court Date For whom For what, or amount	FORM-V (See Rule 13) of Proceedings at……….…………….. Opposite Party Judgment in appeal Date of decision of appeal, if any

Appearance Final order Appeal Execution No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 65 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-VI

1. Title of the Case :

(Name, description and place of residence)

Whereas……………….has instituted proceedings against you for…………………….you are hereby summoned to appear in this court in person or by authorized agent duly instructed and able to answer all material questions relating to the case, or who shall be accompanied by some person able to answer all such questions at…………….o'clock in the………… noon on the day of……………..20…….to answer the claim and as the day fixed for your appearance is appointed for the final disposal of the proceedings, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence.

Take notice, that, in default of your appearance on the day before mentioned, the case will be heard and determined in your absence.

Given under my hand and the seal of the court, this day

of………….20………court.

Notice :—(1) Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this court to compel the attendance of any witness, and the production of any document that you have a right to call on the witness to produce, on applying to the court and on depositing the necessary expenses.

(2) If you admit the claim you should pay the money into court together with the costs of the proceedings, to avoid execution of the decree, which may be against your person or property or both.

66 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

Case Titled:

(Name, description and place of residence)

Whereas………………. has instituted proceedings against you for……………….. you are hereby summoned to appear in this court in person or by authorized agent duly instructed, and able to answer all material questions relating to the case, or who shall be accompanied by some person able to answer all such questions at……………. o'clock in the………………noon on the day of…………..20…………to answer the claim and as the day fixed for your appearance is appointed for the final disposal of the proceedings, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence.

Take notice, that, in default of your appearance on the day before

mentioned, the case will be heard and determined in you absence.

Given under my hand and the seal of the court, this day

of……………..20………….court.

(2) If you admit the claim you should pay the money into court together with the costs of the proceedings, to avoid execution of the decree, which may be against your person or property or both.

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 67 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-VIII

Subject :—Application for setting aside the………………. order dated

……………………..

(the grounds of application should be stated)

Date Signature of the Applicant.

The statement of facts contained in the application is to the best

of my knowledge and belief true and correct.

Date :

Place :

Signature

68 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

Case Titled:

Whereas the above named has made application to this court that you are hereby warned to appear in this court in person or by a pleader duly instructed at……………o'clock in the noon, on the……………..day of…………20………. to show cause against the application failing wherein, the said application will be heard and determined ex parte.

Given under my hand and the seal of the court, this…………day

of............................20……….court.

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 69 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-X

Titled :

Whereas your attendance is required to………………… on behalf of the………………………in the above proceedings, you are hereby required (personally) to a ppear before this cour t on the……………………day of.........................………20................... at…………..o'clock in the noon, and to bring with you (or to send to this………………….. court).

A sum of Rs……………….being your travelling and other expenses and subsistence allowance for one day, is deposited with this court and will be tendered to you on the day you appear before the court. If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in the rule-12 of order XVI of the Code of Civil Procedure, 1908 (V of 1908).

Given under my hand and the seal of the court, this………………..

day of………………20………………court.

Notice :—(1) If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this court on the day and hour aforesaid.

(2) If you are detained beyond the day aforesaid, a sum of Rs…………………………………..will be tendered to you for each day's attendance beyond the day specified.

70 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

This case coming on this day for final disposal before…………….. in the presence of.....………..for the applicant and of………........for the opposite party, it is ordered AND DECREED that..……...and that the sum of Rs. ..........…..be paid by the to the.....……..on account of the costs of this suit, with interest thereon at the rate of per cent per annum from this date to the date of realization.

Given under my hand and the seal of the Court, this

day…………..20……………………. court.

Costs of Suits

	Rs. P.		Rs. P.
1. Stamp for application		Stamp for power
2. Stamp for power		Stamp for written statement
3. Stamp for exhibits		Pleader's fee…
4. Pleader's fee		Subsistence for witnesses
5. Subsistence for witnesses		Service of summons and notice
6. Commissioner's fee		Commissioner's fee
7. Service of summons and notice
Total :-		Total :-

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 71 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-XII

In the Court of......................................................

I, ……………. Decree holder, hereby apply for execution of the

Number of proceeding	Name/s of party/ies	Date of decree	Whether any appeal preferred form decree	Payment or adjustment made, if any	Previous application, if any, with date and result	Amount with interest due upon the decree or other relief granted thereby together with particulars of any cross decree	Amount of costs, if any, awarded	Against whom to be executed	Mode in which the assistance of the court is required

Applicant:

Opposite party:

Dated:

No.

Rs………….. recorded on application, dated …………….

Rs………………… principal …….. (interest at …………… per cent per annum, from the date of order till payment)

As awarded in the decree subsequently incurred Total :…………..

Against the opposite party :

72 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– (when attachment and sale of movable property is sought). I pray that the total amount of Rs…………………….(together with interest on the principal sum up to date of payment) and the costs of taking out this execution, be realized by attachment and sale of the opposite party's movable property as per annexed list pad to me.

(when attachment and sale of immovable property is sought)

I pray that the total amount of Rs………………(together with the interest on the principal sum up to date of payment) and the costs of taking out this execution be realized by the attachment and sale of the opposite party's immovable properly specified at the fees of this application and paid to me.

I declare that what is stated herein is true to the best of my

knowledge and belief.

Signed

Decree holder

Date…………..

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 73 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-XIII

To…………........………………………………………………………..

(Give here name or description of the establishment with full

address)

I, Shri/Shrimati/Kumari…………………………………(Name in full here) whose particulars are given in the statement below, hereby nominate the person(s) mentioned below/ have acquired a family within the meaning of clause (33) of section 2 of Code on Social Security, 2020 with effect from the …………………(date here) in the manner indicated below and therefore nominate afresh the person(s) mentioned below to receive the gratuity payable after my death as also the gratuity standing to my credit in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount of gratuity shall be paid in proportion indicated against the name(s) of the nominee(s).

I, Shri/Shrimati/Kumari……………………………(Name in full here) whose particulars are given in the statement below, hereby give notice that the nomination filled by me on date ………… and recorded under your reference

No…………….dated………………. shall stand modified in the

following manner :—

*Strike out unnecessary portion.

2. I hereby certify that the person(s) mentioned is/are a member(s) of my family within the meaning of clause (33) of section 2 of the Code on Social Security, 2020.

3. I hereby declare that I have no family within the meaning

of clause (33) of section 2 of the said Code.

4 (a) My father/mother/parents is/are not dependent on me.

(b) My husband's father/mother/parents is/are not dependent

on my husband.

74 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

5. I have excluded my husband from my family by a notice dated the……………… to the competent authority in terms of clause (33) of section 2 of the said Code.

6. Nomination made herein invalidates my previous nomination.

Nominee(s)

S. No. –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. 2. 3. So on	Name in full with full address of nominee(s)	Relationship with the employee	Age of nominee which	Proportion by the gratuity will be shared

S. No. –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. 2. 3. So on

Name in full with full address of nominee(s)

Relationship with the employee

Age of nominee which

Proportion by the gratuity will be shared

(Here give details as to how a family was acquired, i. e., whether by marriage or parents being rendered dependent or through other process like adoption)

1. Name of employee in full

2. Sex

3. Religion

4. Whether unmarried/married/widow/widower

5. Department/Branch/Section where employed

6. Post held with Ticket No. or Serial No., if any

7. Date of appointment

8. Permanent address :

Village………………….......Thana……....................................... Sub-division…………………..Post Office………………………… PIN Code…………District…………………State……………………… E-mail ID………........................Mobile Number….......…………………

Place:

Date:

Signature/Thumb-impression of the Employee.

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 75 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— Certificate by the Employer

Certified that the particulars of the above nomination have been verified and recorded in this establishment. Employer's Reference No., if any

Signature of the employer/Officer authorised.

Designation

Date :

Name and address of the establishment or rubber stamp thereof.

Received the duplicate copy of nomination in Form-III filed by

me and duly certified by the employer.

Date: ………………….

Signature of the Employee

76 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

To ……........………………………………………………………..

(Give here name or description of the establishment with full

address)

Sir/Madam,

I, ………………………..(name of employee/nominee/legal heir)/ nominee of late…………………………….(Name of the employee)/ as a legal heir of late…………………………….(Name of the employee), beg to apply for payment of gratuity to which I am entitled under sub-section (1) of section 53 of the Code on Social Security, 2020 on account of—

(a) my superannuation/retirement/resignation after completion of not less than five years of continuous service/total disablement due to accident/total disablement due to disease/on termination of contract period under fixed term employment with effect from the………………….. ; or

(b) death of the aforesaid employee while in service/ superannuation on………………after completion of…………..years of service/total disablement of the aforesaid employee due to accident or disease whilein service with effect from the………… ; or

(c) death of aforesaid employee of your establishment whilein service/superannuation on…………………………(date) without making any nomination after completion of ……………..years of service/total disablement of the aforesaid employee due to accident or disease whilein service with effect from……………………

Necessary particulars relating to my appointment are given in the statement below :—

1. Name of employee in full (if, the gratuity is claimed

by an employee)—

a. Marital status of employee (unmarried/married/

widow/widower) ;

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 77 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

2. Name of nominee/legal heir (if the gratuity is claimed

by nominee/legal heir)—

a. Name of Employee ;

b. Marital status of nominee/legal heir (unmarried/

married/widow/widower) ;

c. Relationship of nominee/legal heir with the

employee ;

d. Address in full of nominee/legal heir ;

e. Date of death and proof of death of the

employee ;

f. Reference No. of recorded nomination if available.

3. Department/Branch/Section where last employed.

4. Post held by employee.

5. Date of appointment.

6. Date and cause of termination of service.

7. Date of Death.

8. Total period of service of the employee.

9. Total wages last drawn by the employee.

10. Total gratuity payable to the employee/share of gratuity

claimed by a nominee/legal heir.

11. Payment may please be made by crossed bank cheque/

credit in my bank account No…...

Yours faithfully,

Signature/Thumb impression of the applicant employee/nominee/legal heir.

Place :

Date :

78 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

FORM-XV [See Rule 46(2) (a) (i), (ii), (b) (d) & (e)] Notice for payment/rejecting claim of Gratuity (Strike out the words not applicable)

To,…………........……………………………………………………….. (Name and address of the applicant employee/nominee/legal heir) 1. You are hereby informed that—

(a) *as required under rule 46 of the Code on Social Security, Jammu and Kashmir Rules, 2020, that your claim for payments of gratuity as indicated on your application in Form-XIV under the said rules is not admissible for the reasons stated below :— Reasons (Here specify the reasons) ; or

(b) *as required under rule 46 of the Code on Social Security, Jammu and Kashmir, Rules, 2020 that a sum of Rs. ………..(Rupees…………………) is payable to you as gratuity/as your share of gratuity in terms of nomination made by……………….. on ....………………… and……………recorded in this …………………as a legal heir of………………….an employee of this establishment. 2. *Please call at…………………….. on ………………………… (Here specify place)…………………….. (date) at………………. (time) for collecting your payment of gratuity by crossed cheque.

3. Amount payable shall be sent to you through demand draft

or shall be credited in your bank account as desired by you.

4. Brief statement of calculation—

(a) Date of appointment ; (b) Date of termination/superannuation/resignation/disablement/

death ;

(d) Wages last drawn ; (e) Proportion of the admissible gratuity payable in terms of

nomination/as a legal heir ;

(f) Amount payable: *strike out para, if, not applicable.

Place:

Date:

Signature of the Employer/authorised officer.

Name or description of establishment or rubber stamp thereof.

Copy to:—The Competent Authority in case of denial of gratuity. ––––––– No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 79 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-XVI

Application No.

Date

(Name in full of the applicant with full address)

AND

(Name in full of the employer concerned with full address)

1. The applicant is an employee of the above-mentioned employer/a nominee of late………………………… an employee of the above-mentioned employer/a legal heir of late………………………… and employee of the above- mentioned employer, and is entitled to payment of gratuity under section 53 of the Code on Social Security, 2020 on account of his own/aforesaid employee's superannuation on……………………………(date)/his own retirement/aforesaid employees resignation on………… (date) completion of…………………years of continuous service/his own/aforesaid employees' total disablement with effect from………………….(date)due to accident/disease death of aforesaid employee on……………….

2. The applica nt submitted an application under Rule…………………… of the Code on Social Security, Jammu and Kashmir Rules, 2020 on the……………….but the above-mentioned employer refused to entertain it/issued a notice dated the……………. under clause ……… of sub-rule of rule……………….offering an amount of gratuity which is less than my due/issued a notice dated………………..the under clause………….of sub-rule..........................of rule……………….rejecting my eligibility to payment of gratuity. The duplicate copy of the said notice is enclosed.

3. The applicant submits that there is a dispute on the matter

(specify the dispute).

4. The applicant furnishes the necessary particulars in the annexure hereto and prays that the Competent Authority may be pleased to determine the amount of gratuity payable to the petitioner and direct the above-mentioned employer to pay the same to the petitioner.

80 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

5. The applicant declares that the particulars furnished in the annexure hereto are true and correct to the best of his knowledge and belief.

Date:

Signature/Thumb impression of the applicant.

1. Name in full of applicant with full address.

2. Basis of claim (Death/Superannuation/Retirement/Resignation/ Disablement of Employee/Completion of contract period under Fixed Term Employment).

3. Name and address in full of the employee.

4. Marital status of the employee (unmarried/married/widow/

widower).

5. Name and address in full of the employer.

6. Department/Branch/Section where the employee was last

employed (if known).

7. Post held by the employee with Ticket or Sl. No., if any

(if known).

8. Date of appointment of the employee (if known).

9. Date and cause of termination of service of the employee (Superannuation/retirement/resignation/disablement/death/ completion of contract period under Fixed Term Employment).

10. Total period of service by the employee.

11. Wages last drawn by the employee.

12. If the employee is dead, date and cause thereof.

13. Evidence/witness in support of death of the employee.

14. If a nominee, No. and date of recording of nomination with

the employer.

15. Evidence/witness in support of being a legal heir if a legal

heir.

16. Total gratuity payable to the employee (if known).

17. Percentage of gratuity payable to the applicant as nominee/

legal heir.

18. Amount of gratuity claimed by the applicant

Place:

Date: Signature/Thumb impression of the applicant

No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 81 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-XVII

To,

(Name and address of the employee/applicant)

Whereas, Shri …………………………..an employee under you/ a nominee(s)/legal heir(s) of Shri………………………………….an employee under the above-mentioned employer, has/have filed an application under rule 46 of the Code on Social Security, Jammu and Kashmir Rules, 2020 alleging that----

(A copy of the said application is enclosed, if, summon is issued then copy of application is not required).

Now, therefore, you are hereby called upon/summoned to appear before the Competent Authority at …………………..(place) either personally or through a person duly authorized in this behalf for the purpose of answering all material questions relating to the application on the ….. day of …………20….. at …………….'O' clock in the forenoon/afternoon in support of/to answer the allegation; and as the day fixed for your appearance is appointed for final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence, and the documents upon which you intend to rely in support of your allegation/defence.

Take notice that in default of your appearance on the day before- mentioned, the application will be dismissed/heard and determined in your absence.

Whereas, your attendance is required to give evidence/you are required to produce the documents mentioned in this list below, on behalf of ……….. in the case arising out of the claim for gratuity by………. Form………….. and referred to this Authority by an application under section 56 of the Code on Social Security, 2020, you are hereby summoned to appear personally before this Authority on the ……. day of ……..20…………….. at ………… 'O'clock in the forenoon/ afternoon and to bring with you for to send to this Authority) the said documents. List of documents-

3. so on 82 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

Given under my hand and seal, this …………..day of

…………..20…..

Competent Authority

under the Code on Social Security Code, 2020

Note :—1. Strike out the words and paragraphs not applicable.

2. The portion not applicable to be deleted.

3. The summons shall be issued in duplicate. The duplicate is to be signed and returned by the persons served before the date fixed.

4. In case the summons is issued only for producing a

document and not to given evidence it will be sufficient compliance to the summons if the documents are caused to be produced before the Competent Authority on the day and hour fixed for the purpose.

––––– No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 83 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-XVIII

To,

(Name and address of employer)

1. Whereas Shri/Smt./Kumari……………………………………of an employee…………………………………………………… (address) under you/a nominee(s)/legal heir(s) of late ………… ....................an employee under you, filed an application under section 56 of the Code on Social Security, 2020, before me ; or

Whereas a notice was given to you on ……………………. requiring you to make payment of Rs…………………… to Shri/Smt./Kumari………………………………as gratuity under the Code on Social Security, 2020.

2. And whereas the application was heard in your presence on………..and after the hearing have come to the finding that the said Shri/Smt./Kumari………………………is entitled to a payment of Rs……………… as gratuity under the Code on Social Security, 2020 ; or

Whereas you/the applicant went in appeal before the appellate authority, who has decided that an amount of Rs………………….. is due to be paid to Shri/Smt./Kumari………………………. as gratuity due under the Code on Social Security, 2020.

Now, therefore, I hereby direct you to pay the said sum of Rs.....................to Shri/Smt./Kumari………………………………. within thirty days of the receipt of this notice with an intimation thereof to me.

Given under my hand and seal, this …………….day

of……………….20………...

Competent Authority

under the Code on Social Security Code, 2020

Copy to :—

1. The Applicant, he is advised to contact the employer for

collecting payment.

2. The Appellate Authority if applicable.

Note :—(Strike out paragraphs if not applicable)

84 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

Before the Competent Authority for Chapter V under the Social

Security Code, 2020.

Application No.

Date

(Name in full of the applicant with full address)

AND

(Name in full of the employer/Trust/Insurer concerned with full address)

1. The applicant is an employee of the above-mentioned employer/

a nominee of late…………………… an employee of the above- mentioned employer/a legal heir of late ………………an employee of the above-mentioned employer, and you were pleased to direct the said employer in your notice dated the ………………………..under sub-rule (11) or sub-rule (12) of

rule 46 of Code on Social Security (Central) Rules, 2020 for payment of a sum of Rs………………….. as gratuity payable under the Code on Social Security, 2020.

2. The applicant submits that the said employer failed to pay the said amount of gratuity to me as directed by you although I approached him for payment.

3. The applicant therefore prays that a certificate may be issued under section 129 of the Code for recovery of the said sum of Rs.………………………. due to me as gratuity in terms of your direction.

Signature/Thumb impression of applicant.

Place:

Date:

Note :—Strike out the words not applicable.

––––– No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 85 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-XX

01. Name of the Establishment

02. Address of the Establishment

03. Name of the Employer

04. Address of the Employer

05. No. of Employees Insured

06. Details of the Insurance Company—

(a) No. of Insurance Policy ;

(b) Date of Commencement of Insurance Policy ;

to be enclosed ;

(d) details of employees insured details for employees shall be

furnished in Form-III.

07. If the employer had already established an Approved Gratuity Fund before notification of the rules, details of board of trustees of the gratuity fund may be furnished—

(a) Date of constitution of the Board of Trustees ;

(b) Names and Addresses of the Board of Trustees.

Station :

Date :

Signature of the Employer

Name:

Designation and Address

86 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

In hereby opt to continue the existing insurance scheme in lieu

of the compulsory insurance notified under section 57 of the Code on Social Security, 2020. The details of existing Insurance Scheme are—

(a) No. of Insurance Policy :

(b) Date of commencement of Insurance Policy :

Policy to be enclosed):

(d) No. of employees covered (details of employees to be furnished

in Form-III:

(e) Details of registration of the trust:

(f) Name and address of the trustees:

(g)

Station :

Date :

Signature of the Employer

Name :

Designation and Address

––––– No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 87 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-XXII

(a) Name of the employee :

(b) Name of Father/Husband :

(d) Date of Joining/appointment :

(e) Wages of the Employees :

(f) Date of Admission to Compulsory Insurance :

(g) Date of Retirement :

Station :

Date :

Signature of the Employer

Name :

Designation and Address

88 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

To,

The Inspector-cum-Facilitator

(Under The Code on Social Security, 2020)

Sir,

I……........ (Name of woman) employed in…….......(name and full address of the establishment) or I…… (name), a person nominated under section 62 by or a legal representative of……(name of woman) employed in…….(name and full address of the establishment) having

fulfilled the conditions laid down in the Code on Social Security, 2020 and the rules thereunder, am entitled to Rs…… being maternity benefit and/or Rs...…......…being the medical bonus and/or Rs…..…….being wages for leave due under section 65 but the same has been improperly withheld by the employer/discharged or dismissed during or on account

of her absence from work in accordance with the provisions of this Chapter VI of Code on Social Security, 2020.

You are therefore requested, to direct the employer to pay the

amount to me/to set aside the discharge or dismissal done by the employer.

Signature or thumb impression of the Woman/

nominee/legal representative.

Date…………

Signature of an Attester in case the woman/ nominee/legal representative is unable to sign and affixes thumb impression. Full address of the

women/nominee/legal representative.

––––– No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 89 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

To,

The Authority,

(Appointed under the Code on Social Security , 2020)

……………………………………………(Address)

Sir,

I………, the undersigned, woman employee of……… (name and

full address of the establishment)

*Feel aggrieved by the order of Inspector-cum-Facilitator under sub-section (2) of section 72 for the reasons attached hereto, prefer this appeal under sub-section (2) of section 68 and request that the said employer be ordered to pay the above- mentioned amount to me. A copy of the order of Inspector- cum-Facilitator in this behalf is enclosed ;

*Shri……, Inspector-cum-Facilitator, having directed under sub-section (2) of section 72 to pay the maternity benefit or other amount being………(Nature of amount) to which………(Name of woman) is said to be entitled/to set aside my discharge or dismissal during or on account of absence from work in accordance with the provisions of this Chapter V of the Code on Social Security, 2020 (Strike out unnecessary portion).

I prefer this appeal under sub-section (3) of section 72. In view of the facts mentioned in the memorandum attached hereto and other documents filed herewith it is submitted that the woman is not entitled to the maternity benefit or the said amount and hence the order of the Inspector-cum-Facilitator in the copy of which is enclosed, may be set aside.

*Strike out unnecessary portion.

Signature or thumb impression of the women/aggrieved person.

Date………

…………………………………………….. Signature of an Attester in case the woman is not able to sign and affixes thumb impression. Full address of the nominee/legal representative.

90 The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. [No. 42-c –––––––––––––––––––––––––––––––––––––––––—–––—————–––

1. Name of the Establishment :

2. Postal Address :

3. Name of the Employer/Manager/Occupier :

(with full Particulars)

S.   Name  of     Employee    Time/     Place    Cause   Any  other   Sign.  of
No. the           Code/No.    date  of  of       of      relevant     Employee/
     Employee                 Injury/   Injury   Injury  information  a  person
                              accident                                acting

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

–––––– No. 42-c] The J&K Official Gazette, 15th Jan., 2021/25th Pausa, 1942. 91 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— FORM-XXVI

REPORT OF FATAL ACCIDENTS

To,

..................................

Sir,

I have the honour to submit the following report of an Accident which occurred........................(date), at......................(here enter details of the premises)....................and which resulted in the death of the employee/employees of whose particulars are given in the statement annexed.

The circumstances attending the death of the employee/employees

were as under :—

(a) Time of the accident :

(b) Place where the accident occurred :

(d) Cause of the accident :

(e) Any other relevant particulars (I have etc.)

Signature and designation of person Making the report.

Name Sex Age Name of Full Postal

Employment Address

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

1 2 3 4 5

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– ––––– 29

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.2491 ,asuaP ht52/1202 ,.naJ ht51

24 .oN[ -c

rof suoiverp _______ fo yad_________ eht no taht dettimbus ybereh si tI - ylhtnom flah fo tpiecer ni sah eeyolpme dias ehT .shtnom_______ fo doirep ___02 fo yad______ eht morf deunitnoc evah hcihw stnemyap yad eht litnu _ ylhtnom s'eeyolpme dias ehT .lla ni _________sR ot gnitnuoma ______02 lliw/sraey 51 fo ega eht revo si eeyolpme ehT ._____ sR ta detamitse era segaw sraey 51 fo ega eht hcaer

________ no

fo reyolpme eht_________ taht dettimbus rehtruf si tI

,eeyolpme dias eht fo mus eht ,tpecca ot deerga sah eeyolpme dias eht dna yap ot deerga sah fo IIV retpahC eht rednu mialc yreve dna lla fo tnemelttes lluf ni _______.sR yraropmet fo tnemelbasid lla fo tcepser ni 0202 ,ytiruceS laicoS no edoC eht a erutan a emoceb ot retfaereh ro won rehtehw ,tnedicca dias eht fo tuo gnisir .dedrocer ylud eb mudnaromem siht taht detseuqer erofereht ,si ti ,tsefinam

________________02 _____________ detaD

_______________reyolpme eht fo erutangiS

_______________________ssentiW ______

_____________reyolpme eht fo erutangiS

____________________________ssentiW

eht rednu detneserp eb nac tnemeerga na retsiger ot noitacilppa nA ot deerga sah ytrap rehto eht taht dedivorp ,ytrap eno eht fo erutangis utangis htob tuB .smret eht

.elbissop revenehw dedneppa eb dluohs er

.) diap yllautca neeb sah yenom eht nehw ni dellif eb oT( tpieceR

fo mus eht deviecer yad siht evah I

tnemeerga evoba eht htiw ecnadrocca nI __________.sR

eeyolpmE

__________02 ____________ detaD

eb sah yenom ehT

.ssentiW___________

( etoN :—

yb yrujni .g.e ,sesac laiceps tius ot deirav eb yam mrof sihT lagel rednu si eeyolpme nehw tnemeerga ,sesaesid lanoitapucco ).cte ,ytilibasid .

______ 24 .oN -c]

,ettezaG .tvoG K&J ehT 51 ht naJ 202 ,. 52/1 ht asuaP .2491 , 39

lanosrep _____02 fo yad __________ eht no taht dettimbus ybereh si tI ni dna fo tuo gnisira tnedicca yb ______ ta gnidiser ____ ot desuac saw yrujni ni detluser sah yrujni dias ehT .________ ni tnemyolpme sih fo esruoc eht :— enamrep

yleman ,erutan gniwollof eht fo eeyolpme dias eht ot tnemelbasid tn

______ .sR ta detamitse era segaw ylhtnom

/sraey 51 fo ega eht revo si ee

hcaer lliw eht ot roirp sah eeyolpme dias ehT ._

ehT .__ no sraey 51 fo ega eht ,tnemeerga siht fo etad

eeyolpme dias ehT yolpme _______ __ t deviecer

: yleman ,tnemyap gniwollof eh —

__________ no ___________.sR

__________ no __________.sR__

______.sR____________no___________.sR

____ ___________ no

___________ no__________.sR____________no___________.sR

tpecca ot deerga sah ,eeyolpme

si tI .tsefinam won tnemelbasid

dias eht fo sreyolpme eht __________ taht det timbus rehtruf si tI dias eht yap ot deerga sah ,eeyolpme eht , rednu mialc yreve dna lla fo tnemelttes lluf ni ______________.sR fo mus eht fo tcepser ni 0202 ,ytiruceS laicoS no edoC eht fo IIV retpahC eht , lla dna evoba detrats tnemelbasid t taht detseuqer ,erofereht

detaD _______________02 _____________

______________reyolpme eht fo erutangiS

_____________________________ssentiW

utangiS

_____________reyolpme eht fo er

____________________________ssentiW

eht rednu detneserp eb nac tnemeerga dna deretsiger ot noitacilppa nA erga sah ytrap rehto eht taht dedivorp ,ytrap eno eht fo erutangis ot de smret eht . eb dluohs erutangis htob tuB

.elbissop revenehw dedneppa

.) diap yllautca neeb sah yenom eht nehw ni dellif eb oT( tpieceR

fo mus eht deviecer yad siht evah I

tnemeerga evoba eht htiw ecnadrocca nI __________.sR

eeyolpmE

__________02 ____________detaD

t dna diap neeb sah yenom ehT

( : etoN —

yb yrujni .g.e ,sesac laiceps tius ot deirav eb yam mrof sihT lagel rednu si eeyolpme nehw tnemeerga ,sesaesid lanoitapucco ).cte ,ytilibasid .

,ettezaG .tvoG K&J ehT

.2491 ,asuaP ht52/1202 ,.naJ ht51

24 .oN[ -c

bereh si tI

lanosrep _____02 fo yad __________ eht no taht dettimbus y ni dna fo tuo gnisira tnedicca yb ______ ta gnidiser ____ ot desuac saw yrujni ni detluser sah yrujni dias ehT .________ ni tnemyolpme sih fo esruoc eht s eht ot tnemelbasid yraropmet

no ___________.sR ot gnitnuoma segaw fo tpiecer ni tneserp ta si ohW

.htnom rep segaw

ta detamitse era tnedicca eht ot roirp segaw ylhtnom eeyolpme dias ehT nosaer yb ytilibasid lagel a ot tcejbus si eeyolpme ehT .__________ .sR .___________fo

truf si tI

______ det

,eeyolpme eht fo sreyolpme eht __________ taht dettimbus reh ,eeyolpme dias eht fo flaheb eht no________________ dna yap ot deerga sah eht rof _______________ .sR fo @ stnemyap ylhtnom flah tpecca ot deerga sah ihT .tnemelbasid yraropmet dias eht fo doirep eht ot tcejbus si tnemeerga s ni deirav eb yam stnemyap ylhtnom flah eht fo tnuoma eht taht noitidnoc ,ytiruceS laicoS no edoC eht fo IIV retpahC eht fo noisivorp eht htiw ecnadrocca gnir ud eeyolpme dias eht fo gninrae eht ni noitanretla na fo tnuocca no ,0202 rednu noitacinummoc fo sthgir lla taht detalupits ,rehtruf si tI. tnemelbasid ,erofereht ,si tI .tnemeerga siht yb detceffanu era edoc eht fo 08 noitces aD .dedrocer ylud eb mudnaromem siht taht detseuqer _____ ________________02

erutangiS reyolpme eht fo

_____________eeyolpme eht fo erutangiS

____________________________ssentiW

eht rednu detneserp eb nac tnemeerga dna deretsiger ot noitacilppa nA ot deerga sah ytrap rehto eht taht dedivorp ,ytrap eno eht fo erutangis .smret eht

luohs erutangis htob tuB

elbissop revenehw dedneppa eb d

.)diap yllautca neeb sah yenom eht nehw ni dellif eb oT( tpieceR

,tnemeerga evoba eht htiw ecnadr

fo mus eht deviecer yad siht evah I

occa nI __________.sR

eeyolpmE

_02 ____________detaD _________

.ecneserp ym ni dengis tpiecer siht dna diap neeb sah yenom ehT

yb yrujni .g.e ,sesac laiceps tius ot deirav eb yam mrof sihT ).cte ,sesaesid lanoitapucco .

______ 24 .oN -c]

,ettezaG .tvoG K&J ehT 51 ht naJ 202 ,. 52/1 ht asuaP .2491 , 59

i noitasnepmoc yap ot tnemeerga na saerehW

dehcaer neeb evah ot dias s

rof deilppa evah/ sah____ saerehw dna ____________ dna __________ neewteb

ht fo 98 noitces rednu tnemeerga eht fo noitartsiger

,ytiruceS laicoS no edoC e

0202

otni nekat eb lliw tnemeerga dias eht taht nevig ybereh si eciton ,

noc

eht fo noitartsiger eht ot noitcejbo yna taht dna ___02 _____ no noitaredis

snoitcejbo dilav fo ecnesba eht nI .etad taht no edam eb dluohs tnemeerga dias

.tnemeerga eht fo noitartsiger eht ot deecorp ot noisnetni ym si ti

_____02__________detaD

ytirohtuA tnetepmoC

______ 69

,ettezaG .tvoG K&J ehT

.2491 ,asuaP ht52/1202 ,.naJ ht51

24 .oN[ -c

[

ot dias noitasnepmoc yap ot tnemeerga eht fo noitartsiger taht eciton ekaT

eeb evah

_______ uoy neewteb dehcaer n

_____ dna ____ _____________ _____ _____ eht no _______ eb evah ___02_____

f desufer ne

snosaer gniwollof eht ro

yleman

....................................................................

_____02__________detaD

ytirohtuA tnetepmoC

24 .oN -c]

,ettezaG .tvoG K&J ehT 51 ht naJ 202 ,. 52/1 ht asuaP .2491 , 79

si noitasnepmoc yap ot tnemeerga na saerehW

dehcaer neeb evah ot dias

rof deilppa evah/ sah____ saerehw dna ____________ dna __________ neewteb

,ytiruceS laicoS no edoC eht fo 98 noitces rednu tnemeerga eht fo noitartsiger

0202

eb ot ton thguo tnemeerga dias eht taht em ot sraeppa ti saerehw dna

:yleman ,snosaer gniwollof rof deretsig

...........................................

.................. .

no esuac gniwohs fo uoy ot dedroffa eb lliw ytinutroppo na __________

on fI .deretsiger eb dluohs tnemeerga dias eht yb _______02_________

esuac etauqeda

eb lliw tnemeerga eht fo noitartsiger ,etad taht no nwohs sa

.desufer

ytirohtuA tnetepmoC

,ettezaG .tvoG K&J ehT

.2491 ,asuaP ht52/1202 ,.naJ ht51

24 .oN[ -c

dehcaer neeb evah ot dias si noitasnepmoc yap ot tnemeerga na saerehW

a ____________ dna __________ neewteb

rof deilppa evah/ sah____ saerehw dn

,ytiruceS laicoS no edoC eht fo 98 noitces rednu tnemeerga eht fo noitartsiger

0202

eb ot ton thguo tnemeerga dias eht taht em ot sraeppa ti saerehw dna

ytinutroppo na___________ yleman ,snosaer gniwollof rof deretsiger

eb lliw

yb _______02_________ no esuac gniwohs fo__________ dias eht ot dedroffa

.deretsiger eb ton dluohs tnemeerga dias eht

dias eht ot drager htiw ekam ot evah uoy hcihw noitatneserper ynA

ht si esuac etauqeda fI .etad taht no edam eb dluohs tnemeerga

eht nwohs ne

.deretsiger eb yam tnemeerga

_____02__________detaD

ytirohtuA tnetepmoC

______ 24 .oN -c]

,ettezaG .tvoG K&J ehT 51 ht naJ 202 ,. 52/1 ht asuaP .2491 , 99

________02________raey eht rof stnemeerga fo retsigeR

001

,ettezaG .tvoG K&J ehT

24 .oN[ -c

MROF – VXXX

tnemhsilbatse fo emaN

.1 .rebmuN laireS

fi ,ro( s'rehtaf reh dna namow fo emaN

.eman )s'dnabsuh ,deirram

.tnemtnioppa fo etaD

.4 .krow fo erutaN

ton dna ffo dial ,deyolpme si ehs hcihw ni raey dna htnom htiw setaD .deyolpme

htnoM a	syad fo .oN deyolpme b	syad fo .oN ffo dial c	ton syad fo .oN deyolpme d	krameR e

htnoM a

syad fo .oN deyolpme b

syad fo .oN ffo dial c

ton syad fo .oN deyolpme d

krameR e

.26 noitces rednu eciton sevig namow eht hcihw no etaD

.yna fi ,lassimsid/egrahcsid fo etaD

.26 noitces rednu ycnangerp fo foorp fo noitcudorp fo etaD

.dlihc fo htrib fo etaD

.01

/htaed/noitarepo ymotcebut/y

lacideM/egairracsim/yreviled fo foorp fo noitcudorp fo etaD fo noitanimreT cnangerp fo noitpoda .dlihc

.56 noitces ni ot derrefer ssenlli fo foorp fo noitcudorp fo etaD

.11 24 .oN -c]

,ettezaG .tvoG K&J ehT 51 ht naJ 202 ,. 52/1 ht asuaP .2491 , 101

.21

detcepxe fo ecnavda ni diap tifeneb ytinretam fo tnuoma eht htiw etaD .yreviled

etam fo tnemyap tneuqesbus fo tnuoma eht htiw etaD

.tifeneb ytinr .31

.46 noitces rednu ,diap fi ,sunob fo tnuoma eht htiw etaD

.41

noitces rednu evael fo t

.51

nuocca no diap segaw fo tnuoma eht htiw etaD dna )1(56 .)3(56

.61

noitces rednu evael fo tnuocca no diap segaw fo tnuoma eht htiw etaD evael fo doirep dna )2(56 .detnarg

.26 noitces rednu namow eht yb detanimon nosrep eht fo emaN

.71

.81

ot nosrep eht fo eman eht ,htaed reh fo etad eht ,seid namow eht fI tnuoma eht ,diap saw tnuoma rehto ro/dna stifeneb ytinretam mohw .tnemyap fo etad eht dna ,foereht

.91 eid namow eht fI

ot nosrep eht fo eman eht ,sevivrus dlihc eht dna s dlihc eht fo flaheb no diap saw tifeneb ytinretam fo tnuoma eht mohw .diap saw ti hcihw rof doirep eht dna

.02

eht gnitacitnehtua tnemhsilbatse eht fo reyolpme eht fo erutangiS mow fo retsiger eht ni seirtne

rotcepsnI eht fo esu eht rof nmuloc skrameR

- muc - .rotatilicaF

.12

201

,ettezaG .tvoG K&J ehT

24 .oN[ -c

[

…

)a( ht fo emaN

nemhsilbatse eht fo sserddA t ………………… .oN talF/.oN esuoH :

.…

teertS ……………… .oN tolP/.oN ......................

……1234t……………

…………nwoT …tcirtsiD.… ……………etatS.………… NIP ……edoc

..………………………reyolpme eht

…………………………

)b( fo emaN

reyolpme eht fo sserddA :

esuoH

……………… .oN tolP/.oN teertS.……………… .oN talF/.oN

…………nwoT …tcirtsiD.… NIP……………etatS.………… ……edoc E- ………DI liam … .…rebmun eliboM..…………rebmuN enohpeleT…

)c(

lortnoc dna noisivrepus rof elbisnopser nosrep ro reganam eht fo emaN fo tnemhsilbatse …………………………………………… ……

:sserddA

…………oN talF/.oN esuoH ………oN tolP/.oN teertS.………… ……

…………nwoT …tcirtsiD.… NIP……………etatS.………… ……edoc E- ………DI liam … .…rebmun eliboM..…………rebmuN enohpeleT…

.S .oN	emaN	noitartsigeR	sey fI noitartsigeR( ).oN
)1(	)2(	)3(	)4(
.10	htlaeH ytefaS lanoitapuccO no edoC ehT .0202 edoc noitidnoc gnikrow dna
.20	.0202 ytiruceS laicoS no edoC ehT
.30	L rehto ynA ni gnieb emit eht rof wa .ecrof

24 .oN -c]

,ettezaG .tvoG K&J ehT 51 ht naJ 202 ,. 52/1 ht asuaP .2491 , 301 .C

.10	s'rotcartnoc a fo esac eht ni reyolpme eht fo emaN .tnemhsilbatse
.20	.tnemhsilbatse eht fo tnemecnemmoc fo etaD
.30	gne srotcartnoC fo rebmuN tnemhsilbatse eht ni dega .raey eht gnirud
.40	hcihw no raey eht gnirud syad fo rebmuN latoT .deyolpme saw ruobaL tcartnoC
.50	nam fo rebmun latoT - ruobaL tcartnoC yb dekrow syad .raey eht gnirud
.60	m fo esac ni( tnegA ro reganaM eht fo emaN .)seni
.70	.oN tolP/teertS .oN talF/.oN esuoH sserddA nwoT etatS tcirtsiD NIP E- DI liam rebmuN enohpeleT rebmuN eilboM

.10	.raey eht gnirud dekrow syad fo rebmuN
.20	.raey eht gnirud dekrow syadnam fo rebmuN
.30	.krow fo sruoh yliaD
.40	ylkeeW .tser fo yad

.oN .lS	selaM	selameF	stnecselodA fo ega eht neewteb( ).sraey 81 ot 41	41 woleb( nerdlihC ).ega fo sraey	latoT

401

,ettezaG .tvoG K&J ehT

.2491 ,asuaP ht52/1202 ,.naJ ht51

24 .oN[ -c yrogetaC( setar egaW - :)esiW

yrogetaC	aR set fo segaW	srekrow fo .oN
		ralugeR				tcartnoC
		elaM	elameF	nerdlihC	tnecselodA	elaM	elameF	nerdlihC	tnecselodA
ylhgiH
dellikS
dellikS
delliksimeS
delliksnU

diap segaw ssorG		snoitcudeD			diap segaw teN
hsac nI	dnik nI	seniF	rof snoitcudeD ssol ro egamad	srehtO	hsac nI	dnik nI

raey :

N .lS .o	raey eht gniruD	fo rebmuN srekrow	evael detnarG segaw htiw

.oN .lS	eraflew suoirav fo erutaN dedivorp seitinema	)etutats eht yficeps( yrotutatS

24 .oN -c]

,ettezaG .tvoG K&J ehT 51 ht naJ 202 ,. 52/1 ht asuaP .2491 , 501

)a(

.10	tnemhsilbatse fo gninepo fo etaD
.20	desolc fi ,gnisolc fo etaD
.30	reciffO lacideM fo emaN
)i(30	eciffO lacideM fo noitacifilauQ r
)ii(30	ro senim eht( ta reciffO lacideM sI ? )sucric
)iii(30	yap ehs/eh seod netfo woh ,emit trap a fI ? tnemhsilbatse ot tisiv
)vi(30	?latipsoH yna ereht sI
)v(30	?dedivorp era sdeb ynam woh ,os fI
)iv(30	al a ereht sI ?rotcoD yd
)iiv(30	?noitacifilauq reh si tahw ,os fI
)iiiv(30	dim deifilauq a ereht sI - ?efiw
)xi(30	?dedivorp neeb ehcèrc yna saH

)b(

.10	ht ni seeyolpme elamef fo rebmun latoT e tnemhsilbatse
.20	detnarg evael fo syad rebmun latoT
.30	ytinretam detnarg seeyolpme fo rebmuN ISE yb detifeneb/evael

yfitrec I osla dna tcerroc dna eurt si noitamrofni evoba eht taht yfitrec ot si tI htiw deilpmoc evah I taht ym ot elbacilppa swaL ruobaL fo snoisivorp lla eht .tnemhsilbatse

etaD ecalP

ereH .ngiS

601

,ettezaG .tvoG K&J ehT

.2491 ,asuaP ht52/1202 ,.naJ ht51

24 .oN[ -c

eht ,em erofeb decudorp stnemucod dna sdrocer fo sisab eht nO eht fo reyolpme eht gnieb ,uoy taht eveileb ot snosaer sah dengisrednu ilbatse dettimmoc evah ,).…………oN noitartsigeR( ..……………tnemhs ro seluR eht ro semehcS eht ro edoC eht fo noisivorp fo noitaloiv eht rof ecneffo :woleb nevig sliated eht rep sa rednuereht demarf snoitalugeR eht

.1	:nosreP eht fo emaN
.2	dna emaN : tnemhsilbatsE eht fo sserddA
.3	:tnemhsilbatsE eht fo oN noitartsigeR
.4	:ecneffo eht fo sralucitraP
.5	eht fo snoisivorP rednu snoitalugeR/seluR/emehcS/edoC :dettimmoc si ecneffo eht hcihw
.6	iap eb ot deriuqer tnuoma gnidnuopmoC d :ecneffo eht fo noitisopmoc sdrawot
.7	rof tnuoccA fo sliateD dna emaN nmuloC ni deificeps tnuomA eht gnitisoped :6

evoba eht yap ot noitpo na evah uoy ,evoba eht fo weiv nI

traP ni dellif ylud noitacilp –

- denoitnem eht nruter dna eciton siht fo eu ssi fo etad eht morf syad neetfif nihtiw tnuoma pa ton si tnuoma dias eht esac nI .eciton siht fo III eb llahs noitucesorp fo gnilif rof noitca yrassecen ,emit deificeps eht nihtiw diap siht ni ytinutroppo rehtruf yna gnivig tuohtiw detaitini

.drager

:etaD

24 .oN -c]

,ettezaG .tvoG K&J ehT 51 ht naJ 202 ,. 52/1 ht asuaP .2491 , 701

eps sa tnuoma eritne eht detisoped sah dengisrednu ehT

6 nmuloC ni deific dnuopmoc ot tseuqer a htiw woleb nevig era tnemyap fo sliated eht dna I

traP fo - ht

traP ni denoitnem secneffo e - : I —

yllacinortcele fo ypoC( detisoped tnuoma gnidnuopmoc eht fo sliateD :)dehcatta eb ot tpiecer detareneg

evoba fo noitaloiv eht rof delif fi ,noituceso

- denoitnem

.2 rp eht fo sliateD

:nevig eb yam secneffo

yna dettimmoc dah tnacilppa eht ro ecneffo tsrif si ecneffo eht rehtehW eht fo sliated lluf ,neht ,dettimmoc fi ,ecneffo siht ot roirp ecneffo rehto :ecneffo

.edivorp ot serised tnacilppa e

.4 mrofni rehto ynA ht hcihw noita

:detaD

:ecalP

bus rednu ecneffo eht taht yfitrec ot si sihT

- ces fo ..… noitces

fo 331 noit ot deussi saw _____ :detaD .oN ecitoN hcihw fo tcepser ni edoC eht noitartsigeR dna eman( .…………… fo reyolpme eht ,)tnacilppA( .…………hS lluf fo noissimer fo tnuocca no dednuopmoc neeb sah )tnemhsilbatse fo rebmuN ___ seepuR( ..……… sR fo tnuoma noitisopmoc eht sdrawot )______________ .ecitoN dias eht fo noitcafsitas eht ot secneffo fo

:etaD

801

,ettezaG .tvoG K&J ehT

.2491 ,asuaP ht52/1202 ,.naJ ht51

24 .oN[ -c

( eS

1	:reyolpme eht fo sralucitraP :emaN :edoc nip htiw sserddA : .oN enohpeleT :.oN eliboM sserdda liamE : tnemhsilbatsE fo epyT & emaN etatS ,tnemnrevoG lartneC( ,USP ,tnemnrevoG ,etavirP ,suomonotuA )cte tnemhsilbatse fo oN noitartsigeR :edoC rednu :sliated ytivitca cimonocE
.2	gnitnedni eht fo sralucitraP :reciffO :emaN :noitangiseD : .oN enohpeleT :.oN eliboM : sserdda liamE
.3	:)sei(ycnacav fo sralucitraP )a( nemon/noitangiseD erutalc fo eht eb ot )sei(ycnacav dellif )b( eht fo seitud fo noitpircseD lanoitcnuf/elor boj( tsop )elor

24 .oN -c]

,ettezaG .tvoG K&J ehT 51 ht naJ 202 ,. 52/1 ht asuaP .2491 , 901

	)c( sllikS/snoitacifilauQ deriuqer ,lanoitacude( ,lacinhcet )ecneirepxe		laitnessE		elbareferP/elbariseD
	)i( lanoitacudE snoitacifilauQ )ii( snoitacifilauQ lacinhceT )iii( sllikS )vi( ecneirepxE
	)d( yna fi ,stimiL egA fo etad tsal no sa egA( )noitacilppa
	)e( xE sa hcus( secnereferP - htiw snosrep ,nemecivres cte ,nemow ,seitilibasid . fi ) yna
	)f( tnemyolpme fo noitarud 3 )i( - shtnom 6		o rebmuN stsop f
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011

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.7	ht fo emaN ( krow fo ecalP e ,tcirtsid dna egalliv/nwot si ti hcihw ni .cte, edoc nip )detautis
.8	,liame(noitacilppA fo edoM dna )cte ,gnitirw ni ,enilno fo tpiecer rof etad tsaL .snoitacilppa
.9	ot reciffo fo sralucitraP eb snoitacilppa eht mohw setadidnac/tnes dluohs hcaorppa ,noitangised ,emaN noitneM( enohpelet , sserdda ,di liame esac ni sserdda etisbew ,.oN )enilno fo
01 .	tnemtiurceR fo edoM ,ertneC reeraC hguorhT{ fles , ycnegA tnemecalP rehto yna ,tnemeganam } )yficeps(edom
11 .	t ekil dluoW referp o elbigile fo tsil fo noissimbus htiw deretsiger setadidnac ertneC reeraC	oN/seY
21 .	tnaveler rehto ynA noitamrofni

/tnemhsilbatse fo yrotangiS desirohtuA fo noitangiseD

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esU laiciffO roF( -

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,ettezaG .tvoG K&J ehT 51 ht naJ 202 ,. 52/1 ht asuaP .2491 , 111

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.71	caV euqinU DI ycna )rebmun(

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a edivorp dluow ,detroper era seicnacav eht hcihw ot ertneC reeraC yevno c dna detroper ycnacav eht rof rebmun gnitroper ycnacav euqinu yna hguorht ro yllatigid ro liame hguorht ,gnitirw ni reyolpme eht ot ti gnikrow 3 naht retal ton esac yna ni tub yletaidemmi aidem hcus rehto .seicnacav fo gnitroper fo tpiecer fo etad eht morf syad

sekam ro aidem yna ni ycnacav taht sesitrevda fi ,reyolpme nA ylbairavni yam ,edom rehto yna ro ycnega yna hguorht tnemtiurcer ro tnemesitrevda taht ni rebmun gnitroper ycnacav euqinu taht etouq .ssecorp tnemtiurcer

,ertneC reeraC eht ot dehsinruf ydaerla sralucitrap eht ni egnahc ynA etroper eb llahs yllatigid ro liame laiciffo dilav hguorht ro gnitirw ni d etairporppa eht ot ,eb yam esac eht sa )latrop a hguorht gnidulcni( .ertneC reeraC 211

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no edoC eht rednu dettimbus eb ot deriuqer si noitamrofni gniwollof ehT

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noitamrofnI tnemyolpmE dna .0202 )gnirotinoM

dna emaN reyolpmE eht fo sserddA
rehtehW – O daeH eciff
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ytivitca lapicnirP/ssenisub fo erutaN
rednu .oN noitartsigeR tnemhsilbatsE edoC eht
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eht fo emaN ro noitapucco fo noitangised tsop eht	stsop/seicnacav dellifnu fo rebmuN
	snoitacifilauq/llikS / lanoitacude( /lacinhcet debircserp )ecneirepxe	laitnessE	elbariseD
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).yltnecer stnacilppa elbatius gniniatbo ni ytluciffid

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: latoT

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yrotangiS desirohtuA fo noitangiseD & emaN ,erutangiS

etad & laes

,ertneC reeraC ehT

..……………………………

etoN :—

03 nihtiw )lanoigeR( ertneC reeraC eht ot deredner eb ot si nruter sihT /stnemhsilbatse yb denrecnoc eht fo dne eht retfa syad C eht rednu noitagilbo rieht ediv sreyolpme 0202 ,ytiruceS laicoS no edo IIIX retpahC( - noitamrofnI tnemyolpmE dna .)gnirotinoM

ot si sreyolpme morf noitamrofni eht gniniatbo ni esoprup niam ehT wonk —

;elbaliava seitinutroppo tnemyolpme/seicnacav eht

)i(

ylppus trohs ni era ohw lennosrep fo epyt

a ; dn

)ii(

)iii( f erutu

gnitteg rof sertneC reeraC eht

nac elbatius

eht ot ecnadiug lanoitacov gnidivorp rof seitinutroppo boj lufpleh si sihT .sreyolpme eht htiw meht gnitcennoc dna srekeesboj ot elba eb lliw oot sreyolpmE .osla sdeen lliks eht gniniatrecsa ni no llac rieht rep sa setadid .stnemeriuqer EXTRAORDINARY REGD. NO. JK—33

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 30th Sept., 2020/8th Asv., 1942. [No. 26-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

GOVERNMENT OF JAMMU AND KASHMIR INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT SRINAGAR/JAMMU

File No. 254/ITLC D. o. I. : 18-02-2013 D. o. D. : 17-08-2020

Sh. Shamsher Singh S/o Krishan Chand R/o Village Sumbian Jattan, Tehsil Bishnah, District Jammu.

Petitioner Through Zoya Bhardwaj, Advocate.

Versus

Management of M/s Sudhir Gen. Set. Ltd., Bari Brahamana, Jammu Respondents Through R. K. Koul, Advocate

2 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. [No. 26-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— In the Matter of :— Claim petition with reference to the no settlement certifica te issued by the Conciliation Officer for dispute under S ec t ion 2 - A of I ndu s t ia l D is p u t e (Amendment) Act, 2010 for adjudication.

Coram : Mohammad Ali Khan JO Code :–JK00034

fo etaD tnemeerga

fo etaD noitartsiger

itinI fo la tnetepmoC ytirohtuA

ecnerefeR redro gniyfitcer eht retsiger

This order shall dispose of the reference received from the

Government of J&K, Labour and Employment Department which was

received by this Court on 18.02.2013 vide order dated 24.01.2013,

Commissioner/Secretary to Govt., Labour and Employment Department

stated that whereas Management of M/s Sudhir Gen Set Ltd. Unit-I, Bari

Brahmana, Jammu terminated the service of its workman namely Shamsher

Singh S/o Krishan Chand R/o Village Jattan, Bishnah for negligence of his

duty in the factory whereas aforesaid workman raised disputed against the

management before the Conciliation Officer, Samba. Whereas Conciliation

Officer submitted his failure report recommending the case for reference

to Labour Court for adjudication. Whereas Govt. is of opinion that an

Industrial dispute exists between management of Sudhir Gen Set and

aforesaid workman. Whereas it is desirable to refer the dispute for its

adjudication to Labour Court.

Now, therefore, in exercise of powers conferred by Clause (C) of

sub-section (1) of section 10 of Industrial Dispute Act, 1947. The

Government hereby refer the said dispute to Labour Court for adjudication

in respect of following issues:—

1. Whether termination of services of Shamsher Singh S/o Sh.

Krishan Chand is legally justified ?

2. If not, to what relief he is entitled.

After receiving the above reference this court issued notice to parties

and fixed the next date on 12-03-2013. The petitioner appeared in person No. 26-5] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—— on the fixed date and whereas respondent appeared on 07-0l-2014 through

Arvind Samnotra who sought the time to file authority letter.

On 24-12-2014 issue referred to this court were treated as issued in

the petition which are—

1. Whether termination of the service of petitioner Shamsher Singh

is legally justified ?

2. If the Issue 1 is decided in favour of petitioner to what relief he is entitled to, and petitioner was directed to lead the evidence first.

Briefly the facts of the petition as stated before ALC are. Applicant filed an application raising a dispute regarding the termination of his service by management. He stated that he worked as workman in the factory of non-applicant up to Feb., 2009 at Bari Brahmana. The worker of non- applicant factory formed a union and he has been elected as president of the union. The non-applicant was informed regarding formation of the union. The management did not want that he should take part in the activities of union as such started harassing office bearers by issuing verbal threat to involve them in fabricated cases and finally charge sheet the petitioner and conducted domestic enquiry without allowing his representative to take part in proceedings. The non-applicant terminated his service. Neither he nor his witnesses were allowed to attend enquiry proceedings. Workers of factory agitated his termination and the management verbally promised to take him back in service but till date non-applicant neither paid the wages nor taken him back in service. Applicant/petitioner further submitted that he joined the service of respondent in 2006 as helper and was getting Rs. 2500/- PM as wages. The workers formed a union in the name and style of Sudhir Get Set Workers Union in April, 2007 with head office at Bari Brahmana and applicant was elected as president. The respondent got stayed the registration of union therefore they joined Industrial Estate Workers Union which is duly registered. Shamsher Singh was elected as President and union was not recognized by management. Management started harassing the office bearer. The non-applicant/respondent constituted domestic enquiry by enquiry officer who always acted on their advice. Enquiry officer always directed petitioner to sign blank papers.

4 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. [No. 26-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— The statement of management and their witnesses were recorded without cross-examination. Whereas petitioner was not allowed to attend the enquiry nor witnesses of petitioner were allowed to attend the proceedings. Petitioner submitted an application before enquiry officer to allow Sh. Nirdosh Uppal as his representative, the management terminated the service of petitioner on the basis of enqiry report which is biased. He was getting Rs. 2700/ PM as wages at the time of termination.

Patitioner also filed the claim petition in continuation to petition—

A. Wages for the period from July, 2008 to Feb., 2014.

S Financial Year Wages Increment Total Month Total Amt. No Rs. Rs. wages rupees

————————————————————————————————————

1. July, 2008 to 2600.00 1500.00 4100.00 04 months Rupees

16400.00

Feb., 2009 (15 days wage received)

2. March, 2009 4100.00

01 months 4100.00

3. 01-04-2009 to 4100.00 850.00 4950.00 12 months 59400.00

31-03-2010

4. 01-04-2010 to 4950.00 450.00 5400.00 12 months 64800.00

31-03-2011

5. 01-04-2011 to 5400.00 1200.00 6600.00 12 months 79200.00

31-03-2012

6. 01-04-2012 to 6600.00 1225.00 7825.00 12 months 93900.00

31-03-2013

7. 01-04-2013 to 7825.00 925.00 8750.00 11 months 96250.00

31-02-2014

B. Amount calculated on the basis of last wages to be received in

Feb., 2014 for illegal termination.

Date of joining March, 2007, total service 7 years.

(i) Notice pay (one month wages) Rs. 8750.00/-

(ii) Retrenchment compensation (15 days Rs. 30625.00/-

for each year of service) No. 26-5] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––——

(iii) Gratuity (15 days wages drawn on each Rs.18812.00/-

year of service )

(iv) Bonus for 2 years Rs. 19000.00/-

(v) Leave encashment (90 days wages) Rs. 26250.00/-

Total Amount Rs. 273437.00/-

Grand Total (A+B) Rs. 413350+273437=Rs. 686787.00 (Six lac

eighty six thousand, seven hundred eighty seven only).

Petitioner also filed the rejoinder to objection of the respondent which

is similar to his petition.

A brief resume of objection filed by r espondent in court is as under. :—

That on the basis of disobedience, misbehavior, insubordination etc. number of complains with organization of respondent were received against the claimant and behaviour of claimant was watched over the period and his act of insubordination were found detrimental to good working of respondent organization. That no clarification was furnished to various show cause issued. That a domestic enquiry was proposed and initiated against claimant. Accordingly, as many as 7 charges/allegations were framed against the claimant, like threatening superior colleagues, threatening to damage assets of company, absenteeism, creating uncongenial atmosphere and illegal unionism. That N. Kumar, Advocate was appointed as enquiry officer on 7th June, 2008 to enquire the matter thoroughly and transparently and on 27.11.2008 enquiry report was submitted by enquiry officer.

That taking objective view of the report of enquiry officer and after due deliberation the claimant/petitioner was terminated on 14th Feb., 2009 and requisite amount by way of final settlement amounting to Rs. 3704/- was released in favour of claimant. Therefore reference is before court is unwarranted and liable to be answered in negative that nothing is outstanding toward the claimant as all dues have been paid by respondent. That prayer be dismissed and reference be answered in negative.

Evidence adduced by petitioner is as under :—

Petitioner examined himself and his witness and one Nem Kumar

through affidavit.

6 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. [No. 26-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Shamsher Singh petitioner stated that he joined service in respondent company on 12 March, 2006 as fitter and during the course of employment he along with many other workers felt aggrieved by absence of any trade union to espouse the collective grievance of workers as such on 29.07.2007 first meeting of 95 workers was held wherein trade union name Sudhir Gen Set Workers Union was formed and he was elected as president and respondent was intimated.

That thereafter respondent started unfair trade practice of curbing any move to recognize any trade union as contrary to its policy it threatened the workers of termination of their job as it appear from the letter of opposite party dated 22nd and 24th Oct., 2007 and the respondent started on official move to deter elected office bearers and started to misuse through the police by filing complaint to police dated 20-11-2007.

Nevertheless, the union proceeds to seek its registration and deposited Rs. 500/- registration fee by receipt No. 94/0230 dated 08-12-2007 and opposite party objected and frustrated the same. However, Industrial Estate Workers Union which is registered one organized a delegate session in which he was elected as president to look after the problems of Sudhir Gen Set respondent as it appears from union complaint dated 04-06-2008 addressed to Dy. Labour Commissioner and respondents letter dated 06.06.2008 (reply to Mr. Nirdosh Uppal opposite party specially declared its policy not to entertain any right of workers to voice its grievance by any trade union, and thereafter on 7th June, 2008 issued suspension-cum-show cause-cum intimation of enquiry. The witness further stated that he along with other worker objected the venue of enquiry being Hotel and suggested the venue inside or near the factory but respondent denied as it appear from the letter dated 24-06-2008 also claim the increment for its workers. That on 25th of July, 2009 he received a telephone call from DGM HR. Wherein he said that there will be no further proceedings of enquiry tomorrow because of Jammu Bandh. However later they were informed that enquiry officer held the ex parte proceeding in enquiry in their absence at changed venue Hotel Samrat instead of Hotel Asia. That enquiry officer was biased one in favour of company. That there were sufficient evidence regarding unfair labour practice of deprivation of Trade Unionism but enquiry officer avoided to take into consideration and deliberately avoided to make any observation to this effect.

No. 26-5] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. 7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—— In cross-examination he deposed that enquiry was conducted against him through enquiry officer who submitted the report. He was permanent employee in company. Before enquiry he was turned out and later on enquiry was conducted. He had not received the salary/wages of that month. Nor any amount was given to him by respondent. During his employment in respondent's company a union was framed and information was given to respondent and can produce information letter before court. He filed the petition for reinstatement.

P. W. Nem Kumar, he deposed that he joined the service in respondent Paint Shop on 02.01.2007. He along with many workers felt aggrieved by absence of any Trade Union to espouse the collective grievance of workers as such on 29.07.2007 a meeting of about 95 workers was held wherein a Trade Union in the name and style of Sudhir Gen Set Workers Union was formed and Mr. Shamsher Singh and Ganesh Kumar were elected as President and General Secretary.

Thereafter during course of strengthening the union respondent appointed a DGM HR Shamim Hyder and in last week of January, 2008 he called on assemblage that ("I am called Shamim Hyder I shall not allow the formation of any union in this company at any cost").

That after few days he and other workers noticed introduction of some villains in the name of private contractors who used their authority to distract the workers from the movement for their trade union. That on 29-04-2008 Industrial Estate Workers Union Reg. No. 125 of 13-05-1965 organized delegate session and elected Shamsher Singh and Ganesh Kumar as President and General Secretary to look after day to day problems. The dismissal of Shamsher Singh, Ganesh Kumar, Subash Verma and Vicky Kumar was motivated by animosity and in furtherance of determination and policy declared by DGM (HR) Shamim Hyder.

In cross-examination stated that he knows that there were allegations of misconduct against petitioner and enquiry was conducted and after report of enquiry he was terminated. They did not informed the respondent regarding formation of union. Petitioner moved the application for reappointment. He does not know whether petitioner appeared before enquiry officer or not and whether petitioner explained his position before enquiry officer or not.

8 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. [No. 26-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—

Evidence of respondent is as under :—

Respondent examined Shami Sharma and N. Kumar, Advocate, the

enquiry officer.

R.W. Shami Sharma deposed that applicant was engaged with respondent as workman and on account of his acts of misconduct, disobedience, insubordination etc. He was proceeded against in departmental enquiry wherein Sh. N. Kumar, Advocate was appointed as enquiry officer vide Communication dated 7th June, 2008. That after calling applicant to participate in proceedings and after affording reasonable opportunity of hearing EO. Submitted report on 27-11-2008 EO found charges proved against applicant and some of the allegation were not proved against petitioner on 14-02-2009 respondent terminated the service of applicant and paid all dues amounting to Rs. 3704 to applicant.

That claim raised by applicant is not maintainable nor amount is payable. That it is denied that due to union activities applicant was victimized. That respondent proceeded against applicant in accordance with law. The petitioner first appeared before EO and later on absented himself as such allegation that he was not heard by EO is not true. As such plea of applicant be rejected.

In cross-examination stated that whether charge sheet was give to petitioner is not known and as per this letter no room of the hotel was mentioned. He further stated that earlier enquiry was conducted in Hotel Asia and then in Hotel Samrat. He can't say what happened during enquiry proceeding.

RW Mr. N. Kumar deposed that respondent management vide communication dated 7th of June, 2008 appointed him as enquiry officer to conduct domestic enquiry into allegation/charges leveled against applicant charge sheet/documents were handed over to him. Notice for appearance in enquiry was served. Workman appeared along with some fellow workmen. AR of management also appeared. After conducting enquiry report was submitted on 27th of Nov., 2008. On the basis of enquiry charges except one were proved against applicant. Applicant initially appeared and later on absented himself. He was provided ample opportunity but applicant failed to avail and later on he proceeded ex parte.

No. 26-5] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—— In cross-examination stated that enquiry was earlier held in Hotel Asia and then in Hotel Samrat with regard to a question put by counsel for applicant that charge sheet was given to workman the witness responded that report is self-explanatory. Again with regard to a question by counsel whether charge was in detail he again stated that the report is self- explanatory. With regard to another question that how service of workman was affected, the witness again replied the report is self-explanatory. Through whom the workman was informed the witness stated that he doesn't remember the name. With regard to another question that whether any affidavit from the management was taken on record that workman was informed for 14th Sept., 2008, the witness replied that statement of AR of management in this regard was taken during the course of proceedings. The witness deposed that next date from Hotel Asia to Hotel Samrat was fixed in presence of party. But notice was given to workman. He further deposed in cross-examination that he don't know how educated the workman was nor is knowing that whether the workman is from proper Jammu or from periphery.

It is apt to state here that both the parties argued the matter and also submitted the written arguments, as that of in case Ganesh Kumar V/s. Management Sudhir Gen Set Ltd. The evidence of the petitioner and that of respondent is also similar except the petitioner in the instant petition joined the respondent company in March, 2006 and the amount claimed in the claim petition by the petitioner amounting to Rs. 686787.00 which is less than the amount claimed by petitioner in above stated case i. e. Ganesh Kumar V/s. Sudhir Gen Set as such appreciation of evidence is also the similar that of in the above stated case.

I have heard the counsel for parties and have gone through record meticulously. Ld. Counsel for petitioner submitted that petitioner was working in the company of respondent on the post of fitter from March, 2006 till the year 2009 after enquiry report he was terminated in the year 2009 and was getting/drawing Rs. 7100 PM as wages. After dispute reference was sent to this court for adjudication. Counsel for the petitioner further submitted that workers of respondent formed a union under the name and style of Sudhir Gen Set Worker Union in April, 2007 and petitioner was selected as President. That respondent got stayed the registration of 10 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. [No. 26-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— the said union thereafter petitioner joined Industrial Estate Workers Union which was duly registered and the petitioner was again elected as President and information was given to respondant company. Ld. Counsel further stated after the formation of the union respondant company started harassing the office bearers of the union verbally and through notices, but the notices so addressed to petitioner were duly replied from time to time. That petitioner was suspended in 2008 and a purported domestic enquiry was held by respondent by appointing Sh. N. Kumar from Delhi and enquiry report was submitted by enquiry officer on 27-11-2008 and on the basis of that alleged enquiry report petitioner was terminated.

Ld. Counsel again submitted that elementary principle of natural justice that no one should be condoned unheard without being given the opportunity to explain the circumstances obtaining against him. Whereas in the present case show cause-cum-notice for intimation of enquiry dated 7th of June, 2008 was sent to petitioner vide registered post wherein he was asked to appear in Hotel Asia on 11th of June, 2008 at 3.00 PM. No room number is mentioned that employee should be issued a charge sheet clearly and precisely setting forth particular of misconduct. But in the present case nothing has been stated regarding incident, time and place. Counsel has further argued that the witness of respondent Shami Sharma stated that no charge sheet was ever served to the petitioner. Ld. Counsel further submitted that no complaint was ever received against petitioner but as soon as worker union of respondent company was formed and petitioner was elected as President. Respondent started harassing the petitioner and false complaint were made out against petitioner. Ld. Counsel further submitted no notice was displayed on the notice board. That enquiry in the present case was earlier held at Hotel Asia and from 20th of June, 2008 proceeding were held at Hotel Samrat and from 19th of July, 2008 due to internal disturbance proceeding could not be conducted on 19th of July, 2008. He received a call from DGM Shamim Hyder that proceeding would not be held on 25-07-2008. Whereas the proceeding was further posted on 15th of September, 2008 and on this date all the witnesses were recorded by enquiry officer. Ld. Counsel argued that witness N. Kumar stated that worker was sent notice through post and informed through representative of management but does not remember the name of representative. No affidavit was taken on record nor was notice pasted on No. 26-5] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—— notice board. Neither he knows the address nor place of residence of worker. All this reflects that due process has not been followed by enquiry officer. That petitioner was not having knowledge of place and date. That enquiry officer in response to many question stated that report is self-explanatory then what is the fun and purpose of cross-examination. That enquiry officer has never visited the company of respondent. Ld. Counsel further submitted that enquiry officer does not know the address and place of residence and qualification of workman. All this reflects that enquiry has been conducted in mechanical manner without following due process of law and principle of natural justice. That no second notice was served by respondent before terminating the workman. That on these grounds submitted that dismissal be set aside. Petitioner joined and workers trade union on this respondent started harassing him and using unfair labour practice terminated him.

On the other hand counsel for respondent submitted petitioner raised an industrial dispute with respondent after a thorough enquiry by N. Kumar, Advocate form Delhi. The charges against the petitioner were threatening superiors, threatening to damage the property of respondent and insubordination. Petitioner caused his appearance before enquiry officer in an adamant attitude. That EO showed all fairness and despite remaining absent he was informed through registered post about next proceedings. That in the light of statement of the witnesses of petitioner the charge stood proved against petitioner. That on the basis of report petitioner was terminated on 14.02.2009. That petitioner and his witness both stated that petitioner was harassed because of trade union activities but no document was placed before enquiry officer or before this court that he was harassed due to formation of trade union. That termination order is based on enquiry report and on objective assessment. Counsel for respondant further submitted that report of EO with stood the test of cross-examination and had to be accepted. It is submitted that petitioner is not entitled to any relief. He further submitted that section 2 of IDA defines the retrenchment as retrenchment means termination of workman by whatsoever, otherwise than as punishment by way of disciplinary action which is not retrenchment that petitioner cannot challenge the report of enquiry officer and is stopped at this stage. Finally prayed that claim petition be dismissed.

The following issues were framed by this court :—

1. Whether the termination of the services of petitioner is legally

justified ?

12 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. [No. 26-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— 2. If the issue is decided in favour of petitioner what relief he is

entitled.

The first issue is hereby taken up in order to return its finding on the merits and law.

Issue No.1 is as under:—

"Whether the termination of the services of petitioner is legally justified ?"

Ld. Counsel for petitioner submitted that petitioner was working in the company of respondent as fitter from March, 2006 till 2009 after enquiry report he was terminated. Ld. Counsel submitted that workers of the respondent company formed the union in April, 2007 and petitioner was elected as President of the union in the name and style of Sudhir Gen Set Workers Union which respondent got stayed. Thereafter petitioner joined Industrial Estates Workers Union which was duly registered and petitioner was again elected as President of the union. That after the formation of the union respondent started harassing the petitioner, verbally and through notices which the petitioner replied properly. But the petitioner was suspended and respondent constituted a domestic enquiry. The counsel for petitioner also submitted that after the enquiry report was submitted on 27-11-2008. The petitioner was terminated in the year 2009. Counsel again submitted that principles of natural justice were not observed during the enquiry proceeding and were blatantly violated, as notice was sent to petitioner through post that enquiry is to be conducted in Hotel Asia at 3.00 PM without mentioning the room and without precise charge sheet. That witness of respondent stated that no charge sheet was ever served and no complain was ever received against petitioner. Responding to these arguments Ld. Counsel for respondent submits that charge sheet against the petitioner was framed and N. Kumar Advocate, from Delhi was appointed as enquiry officer, who conducted the enquiry fairly. Petitioner appeared and was having adamant attitude turned absent and despite remaining absent was informed through registered post. In the light of statement of charges were proved against the petitioner and was terminated on 14.02.2009 after receiving enquiry report.

From the perusal of statement of petitioner and his witnesses it reflects that he was victimized for joining union. The perusal of the statement of No. 26-5] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—— RW Shami Kumar in response to question put by counsel for petitioner, the witness replied that he does not know which charge sheet was served to petitioner. The witness also stated that no room number of Hotel was specified. He further stated that enquiry was earlier conducted in Hotel Asia and thereafter in Hotel Samrat, Jammu. N. Kumar advocate enquiry officer when asked whether charge sheet was given to workman he replied in his statement that every detail of the proceeding is mentioned in his enquiry report which means he stated nothing whether charge sheet was given to petitioner (Workman).

Perusal of the enquiry report page 3 last para enquiry officer stated that petitioner have received the charge sheet. But none of the witnesses of respondent have stated that charge sheet has been served by him or his presence. As such it appears that it has not been proved by the respondent

that charge sheet was served upon the petitioner. With regard to the argument of petitioner that petitioner along with workers of respondent formed the union under style of Sudhir Gen Set Workers Union in April, 2007 and the petitioner was elected as President of the Union which the respondent got stayed. Thereafter petitioner joined the Industrial Estates Workers Union

which was duly registered and petitioner was again elected as President of the union and information was given to Respondent Company. Thereafter respondent started harassing the petitioner through oral and written complaints. Respondent controverted this argument stated that various complaints against petitioner were received regarding misbehaviour, disobedience and insubordination and illegal absenteeism and on this

enquiry was initiated and N. Kumar was assigned to conduct the enquiry after enquiry report, petitioner was terminated on 14-02-2009, stated nothing regarding formation of union. Record file at page 49, there is letter of DGM dated nil and does not reflect whom it has been addressed and whether received regarding absenteeism calling explanation within 24 hours. The record reflects that all the complaints were stated after the formation of the

union under the name and style Sudhir Gen Set Workers Union in April, 2007 and after the petitioner joined the Industrial Estates Workers Union domestic enquiry was constituted. Perusal of the record of ALC page 51 reflects that letter dated 07-06-2008 written by respondent's DGM to petitioner reflects that with regard to insubordination, misbehaviour, indiscipline and absenteeism of petitioner domestic enquiry has been 14 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. [No. 26-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— constituted wherein N. Kumar, Advocate has been appointed as enquiry

officer. Which has to be conducted in Hotel Asia on 11-06-2008 at 3.00

PM. Again letter dated 18-06-2008 written by DGM Shamim Hyder to

petitioner also reflect that respondent was aware of the petitioner's joining

of Industrial Estates Workers Union affiliated with Centre of Indian Trade

Union relevant para of the letter is reproduced—

"We do not recognize/know any union by the name of Industrial

Estates Workers Union affiliation with Centre of Indian Trade

Unions whose letter head issued by you for writing letter dated

16.06.2008 which was received in our office on 16-06-2008."

From the perusal of enquiry report in the first para the enquiry officer

stated that he was appointed to conduct the enquiry against the petitioner

into allegation of charges of misbehavior, disobedience, insubordination,

deliberate absenteeism and illegal unionism. Similarly in last para he stated

that during enquiry other charges have been confirmed against petitioner

Shamshar Singh but as regards the charge relating to spreading objectionable

views among co-workers against management and superior and to cause

uncongenial atmosphere at work place could not be proved as management

could not give any cogent evidence. Record reflects as is stated in the

enquiry report para I(a) to (i) that all the complaint have been made after

the formation of worker union of Sudhir Gen Set in April, 2007 and joining

of Industrial Estate Union. This reflects there was no complaint against the

petitioner from joining the service in 2006 to 2007 but when he along with

others formed the union Sudhir Gen Set Worker Union and in 2008 after

joining of petitioner to Industrial Estates Workers Union, domestic enquiry

was started against the petitioner.

Section 2(ra) of IDA, 1947 defines unfair labour practice in schedule

5 and some of the relevant unfair labour practice activities are stated as

under :—

On the part of employers and trade unions of employers —

1. To interfere with restrain from or coerce, workman in exercise

of their right to organize, form, join or assist a Trade Union or No. 26-5] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—— to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection this is to say—

a.. Threatening workman with discharge or dismissal if they

join a trade union.

b. To encourage or discourage membership in any trade union

by discriminating against any workman.

2. To discharge or dismiss workman—

a. By way of victimization.

b. Not in good faith but in colourable exercise of the

employer's rights.

c. By falsely implicating a workman in criminal case on false

evidence or on concocted evidence.

d. For patently false reasons.

e. On untrue or trumped up allegation of absence without leave.

f. In utter disregard of principles of natural justice in the

conduct of domestic enquiry or with undue haste.

For misconduct of a minor or technical character without having regard to the nature of particular misconduct or past record or service of the workman thereby leading to a disappropriate punishment.

In Biecco Lawrie Ltd. Vs. State of West Bengal 2010 AIR SC 142

Para (13).

"It is fundamental to fair procedure that both sides should be heard-audi alteram partem, i. e. hear the other side and it is often considered that it is broad enough to include the rule against bias since a fair hearing must be unbiased hearing. One of the essential ingredients of fair hearing is that a person should be served with a proper notice, i. e. a person has a right to notice. Notice should be clear and precise so as to give the other party adequate information of the case he has to meet and make an effective defence. Denial of notice and opportunity to respond result in making the administrative decision as vitiated. The adequacy of notice is a relative term and must be decided with 16 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. [No. 26-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— reference to each case. But generally a notice to be adequate must contain the following, [a] time, place and nature of hearing ; (b) legal authority under which hearing is to be held ; (c) statement of specific charges which a person has to meet. However in the State of Karnataka & Anr. Vs. Mangalore University Non-Teaching Employees Association and or, 2002 3 SCC 302 the requirement of notice will not be insisted upon as a mere technical formality when the party concerned clearly knows the case against him and is not thereby prejudiced in any manner in putting up an effective defence, then violation of the principle of natural justice cannot be insisted upon. In the present case, the materials on record show that the respondent had been furnished with proper notices intimating him the date, time and place of hearing well before time and the respondent has also received notices as indicated from the postal acknowledgements made by him in his own letters addressed to the management."

In Vinod Pralhadrao Farkade Vs. M/s Ceekay Daikin Limited 2017, 322 Bom (HC) held that enquiry officer instead of proceeding ex parte should have fixed next date if the workman boycotted the enquiry and also held that enquiry officer must act patiently on the principles of natural justice.

Again in DEM Engineering Products V/s. Presiding Officer, lndustrlal Tribunal, Jallander 2017 LLR(SN) 1005 ; 2017 II CLR 719 (P&H HC) held that non-granting of an opportunity to the workman by way of second show cause notice for making his comments in violative of principle of natural justice.

In Anil Kumar Garg Vs. State of UP through Principal Secretary, Lok Nirman Vibhag, Lucknow 2017 LLR 439 (Allahabad HC). It has been observed that for a valid enquiry, generally the following principles would emerge:—

(1) The enquiries must be conducted bona fide and case must be

taken to be that enquiries do not become empty formalities.

(2) On receipt of enquiry report before proceeding further, it is incumbent on the part of the disciplinary/punishing authority to supply a copy of the enquiry report.

No. 26-5] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. 17 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—— In Allahabad Bank Vs. Krishna Narayan Twari 2017 LLR 113 (SC) it has been held that an enquiry violative of principles of natural justice is liable to be violated.

In view of above stated position and keeping in view the statement of petitioner and the arguments of the counsel for petitioner and also the perusal of record and relevant law state above it reflect that petitioner joined the service with respondent in 2006 and till the formation of workers union of Sudhir Gen Set and then joining of Industrial Estates Workers Union in 2008 which is registered one there was no complaint against petitioner till 2007. All the complaints started from 2007 as discussed above. Moreover enquiry officer in his report in last para stated that nothing has been proved against unionism and spreading of objectionable material. But only misconduct and insubordination, absenteeism etc. has been proved. Again there was no complaint till 2007 against the petitioner more so his past record has not been taken into account. It also reflect that earlier enquiry was conducted in Hotel Asia and then in Hotel Samrat of which petitioner stated that he was not having the knowledge of change of venue and date which later on was conducted in ex parte. All this reflect that there is unfair labour practice on the part of respondent.

Enquiry Officer during his cross-examination also has not replied and responded to question put by counsel for petitioner rather stated that report is self-explanatory. As in a question whether charge sheet was given to workman he replied the enquiry report is self-explanatory. Again in response to a question in show cause notice for intimation of enquiry given to petitioner does it mention in detail any act, incident regarding insubordination. Enquiry officer replied again that report is self-explanatory. Again responding to a question by counsel for petitioner that how was the service of workman affected. RW Enquiry Officer again replied that report is self-explanatory. Again RW in cross-examination replied to the question put by counsel that whether evidence of respondent was taken on a single day. He again replied that his report is self-explanatory.

Keeping all the above stated response of the enquiry officer it appears that he was not in a mode to reply properly as if report submitted by him was so explanatory then what was the fun and function of examining him 18 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. [No. 26-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— in cross-examination which is the important and essentlal right of the

petitioner. The behaviour of the respondent witness in the court reflects

that how much he is aware of the right to cross-examination and if witness

is responding in the court like above-mentioned how he would have

conducted the domestic enquiry which he stated that independent enquiry

has been conducted. The above stated facts and discussion makes it clear

that domestic enquiry was not a fair enquiry. Regarding the argument of

the counsel for petitioner that no second notice was issued and given to

petitioner after enquiry report to explain that why his services may not be

terminated. Respondent counsel in this regard submitted nothing except

that on enquiry report petitioner was terminated.

The perusal of record placed on file with objection of respondent

there is letter dated Feb. 19, 2009 addressed to petitioner Shamsher Singh

wherein it is stated that "this is with reference to the termination letter

dated 14th of Feb., 2009 based up the domestic enquiry report dated

27.11.2009 we are sending cheque of Rs. 3704/- toward full and final

settlement of all your dues." In his statement petitioner stated that respondent

threatened the workers of termination of their job. That he was later on

informed that instead of Hotel Asia next proceeding were held at Hotel

Samrat in ex parte. There is nothing on the record which reflects that 2nd

notice after enquiry was given to petitioner before termination.

In view of the discussion made hereinabove and the law stated. It has

been established and proved that domestic enquiry was a empty formality.

Petitioner was victimized due to formation of the Sudhir Gen Set Workers

Union and joining of Industrial Estates Workers Union. It has also been

proved that no charge sheet was served to petitioner. Moreover notice

regarding change of venue of enquiry proceeding from Hotel Asia to Hotel

Samrat has not been served to petitioner and ex parte proceeding were

initiated against the petitioner. Again no show cause notice was issued/

served to petitioner before termination for his comments.

As such issue No.1 is decided in favour of petitioner and against the

respondent. Once the issue No.1 has been decided in favour of petitioner.

Issue No. 2 is taken up to return the finding on the merits and law.

No. 26-5] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––——

Issued No. 2 : If not, to what relief he is entitled to.

Once the issue No. 1 has been decided in favour of petitioner that his termination on basis of enquiry report was not proper. To what relief petitioner is entitled to. Petitioner submitted his claim petition in the shape of money from respondent for illegal termination from the service. The petitioner claimed that he joined the service in Respondent Company in 2006 and he was getting monthly wages as Rs. 2500.00 per month at the time of termination in Feb., 2009.

A. Petitioners total claim is stated as under and the wages for the

period from July, 2008 to Feb., 2014—Rs. 413350/-

i. Notice pay (one month wages) Rs. 8750.00/-

ii. Retrenchment compensation Rs. 30625.00/-

(15 days for each year of Service)

iii. Gratuity (15 days wages drawn on Rs. 18812.00/-

each Year of service)

iv. Bonus for 2 years Rs. 19000.00/-

v. Leave encashment (90 days wages) Rs. 26250.00/-

Total Amount Rs. 273437.00/-

Grand Total (A+B) Rs. 413350+273437=Rs. 686787.00 (Six Lac

eighty six thousand, seven hundred eighty seven only).

From the perusal of record it reflects that though it has been proved that petitioner has been terminated from the service illegally. On the other hand he has not proved that during the period of his termination he remained without work. Neither the petitioner nor his witness stated that during termination period he was without work or job. It also reflects from the record that the relation between the petitioner and the respondent is not good and congenial and order of reinstatement again in the company of respondent would not be proper for good atmosphere between them as there is total loss of confidence in the respondent and it would not be 20 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. [No. 26-5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— possible to work for the petitioner as well in the company of respondent. It is also clear from the record that petitioner is contesting the petition since 2009 till today which is long period and service of petitioner with respondent is not denied.

In 2016 LLR 899 Hon'ble Delhi High Court observed in para 11—

"Para 11. On a specific query by the Court. whether the reply of the petitioner at page 121 and 122 of the paper book, has been proved before the Industrial Adjudicator, the answer was in the negative. The Learned Counsel would submit, even though, reply was produced before the Industrial Adjudicator, but the same was not exhibited. If that be so, it is as good as, the said document has not proved. Even otherwise, it is to be noted, no such offer was given hy the petitioner during the pendency of the proceedings before the Industrial Adjudicator. Rather, the management witness has deposed that the petitioner does not want to take the respondent back on duty as the respondent was involved the criminal matter pending in Kullu Court, Himachal Pradesh. The reliance placed by the Learned Counsel for the petitioner on the reply dated January 29, 2009 even though not proved, would not help the case of the petitioner that the petitioner had offered the respondent to join back his duties. The factum of the respondent being in the employment of the petitioner, is not denied/disproved. It is also proved that the petitioner could not prove abandonment of duties by the respondent. The Industrial Adjudicator has rightly drawn a presumption that the services of the respondent were illegally terminated. On a finding of loss of confidence in the respondent, the Industrial Adjudicator having awarded an amount of Rs. I lakh to the respondent, it is not a fit case where this Court, in exercise of its power under Article 226 of the Constitution need to be interfere with the impugned Award."

"in another case of Delhi Transport Corporation Vs. Krishan Lal Mason 2018 LLR Del HC Hon'ble Delhi High Court held that termination of service of a workman daily wager who was in continuous service for about 10 years by an oral No. 26-5] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—— order without making compliance of provision of section 25-F of ID Act, 1947 would attract reinstatement with consequential benefits and full back wages illegal termination of service of a workman who have put unblemished service for 10 years is unfair labour practice and directing the respondent to regularize the service of workman is justified."

"Section 25-F of Industrial Dispute Act provides makes it clear that requirement prescribed by it is a condition precedent for the retrenchment of the workman and non-compliance of the said condition renders the impugned retrenchment invalid and inoperative."

From the discussion and law cited above, I am of the opinion that petitioner deserves to be awarded a lump-sum compensation amount of Rs. 3.50 lac without the reinstatement of service would suffice the ends of justice. As such termination of the petitioner is hereby set aside with a direction to respondent to pay petitioner a total lump-sum compensation amount of Rs 3.50 lacs (Rupees three lacs and fifty thousands) along with an interest @ 7% p. a. from the date of institution till realization of the awarded amount.

Accordingly an award is passed in favour of the petitioner and against the respondent Management. Copy of the award be sent to the Government of J&K through its Commissioner/Secretary, Labour Department for publication in the Government Gazettee. File shall be consigned to records after is due completion.

Announced :

17-08-2020.

Sd.) MOHAMMAD ALI KHAN,

District and Session's Judge (Presiding Officer), Industrial Tribunal/Labour Court, J&K, Srinagar./Jammu. JO Code :– JK00034.