THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
Vol. 133]
Jammu, Thu., the 25th Feb., 2021/6th Phal., 1942.
[ No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART
I-A— Appointments, promotions, transfers and leave
of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART
II-A– Appointments, promotions, transfers and leave
of
absence
sanctioned
by
Heads
of
Departments ....
PART
II- B– Notifications, Notices and Orders by Heads of
Departments, Provincial Heads, Magistrates and
other officers competent to issue public notices
under any law or rule ....
PART
II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department, Election Petitions and Judgements
of Election Tribunal
....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette or
Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts
....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
556-578
603-632
89-90
337-346
117-118 229-232
556
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PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
(Exercising powers of Bar Council under Section 58 of the Advocates
Act, 1961).
Notification
No. 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.
––––––––
Notification
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.
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The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 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.
––––––––
Notification
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
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Notification
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.
––––––––
Notification
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.
––––––––
Notification
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
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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.
––––––––
Notification
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.
––––––––
Notification
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
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The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 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.
––––––––
Notification
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.
––––––––
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Notification
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.
––––––––
Notification
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
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Notification
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.
––––––––
Notification
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]
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Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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
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No. 69, W. No. 10, Bishnah, District Jammu vide Notification
No. 1669 dated 05-03-2018 has been declared as absolute/final.
By order.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
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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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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
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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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
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Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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
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Nagar, Pheru Chack, Kathua vide Notification No. 1254 dated
01-01-2019 has been declared as absolute/final.
By order.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
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Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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
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No. 2, Jullaka Mohalla, Jain Bazar, Jammu vide Notification No. 562
dated 01-12-2015 has been declared as absolute/final.
By order.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
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Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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
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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.
––––––––
Notification
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.
––––––––
Notification
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
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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.
––––––––
Notification
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT
Subject :—Constitution of Auction Committee for Conducting Auction of
Structures at Fatehpora (I&FC Colony, Baramulla).
–––––––
Government Order No. 38-JK (GAD) of 2021
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
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
604
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.
Notification No. 191-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of 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
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
606
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
______
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
———————————————————————————————
K. M.
Doda
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
00-12
45/3 min
00-06
45/3 min
00-04
45/3 min
00-10
45/3 min
00-10
45/3 min
00-10
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
62 min
00-12
135/65 min
00-10
––––––
Total
13-15
––––––
______
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 197-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of 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
1
2
3
4
5
———————————————————————————————
K. M.
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
608
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.
______
Annexure-A
Particulars of the land
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
–––––
–––––––
1
2
3
4
5
———————————————————————————————
K. M.
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
610
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 198-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of 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.
______
Annexure-A
Particulars of the land
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
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
612
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.
Notification No. 209-Rev (LAJ) of 2020
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/
1
2
3
4
5
———————————————————————————————
K. M.
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.
______
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
———————————————————————————————
K. M.
Doda
Bhaderwah
Haddal
146
01-00½
147
00-02
148
00-12½
145
00-01
149
00-04
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
614
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
Notification No. 201-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of road from Chingus to Rani
Bandhetar under PMGSY situated in Village Rani Badhetar, Tehsil
Nowshera, District Rajouri ;
1
2
3
4
5
———————————————————————————————
K. M.
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
616
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.
______
Annexure-A
Particulars of the land
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
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
618
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.
Notification No. 205-Rev (LAK) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for public purposes viz. for construction of
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),
1
2
3
4
5
———————————————————————————————
K. M.
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.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in
force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
______
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
———————————————————————————————
K. M.
Baramulla
Boniyar
Banali
78
00-01
Trikanjan
77
01-00
519
00-04
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
620
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.
Notification No. 208-Rev (LAJ) of 2020
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
1
2
3
4
5
———————————————————————————————
K. M.
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.
______
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
622
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
———————————————————————————————
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
00-12
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
–––––
–––––––––
1
2
3
4
5
———————————————————————————————
K. M.
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
624
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 192-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of road from 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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in
force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
______
Annexure-A
Particulars of the land
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
giving pescribed notice to the interested person (s) as required under the
Land Acquisition Act/Rules.
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
626
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.
Notification No. 213-Rev (LAJ) of 2020
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 ;
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. 67-73/Acq
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
1
2
3
4
5
———————————————————————————————
K. M.
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.
______
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
628
Annexure-A
Particulars of the land
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
00-11
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.
Notification No. 215-Rev (LAJ) of 2020
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
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
630
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.
______
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
———————————————————————————————
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.
Notification No. 158-Rev (LAJ) of 2020
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.
The J&K Govt. Gazette, 25th Feb., 2021/6th Phal., 1942. [No. 48
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
632
However, the Collector, concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
______
Annexure-A
Particulars of the land
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
Orders by Heads of Departments.
––––––
CHARGE REPORTS
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.
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.
————
Amendment in Form-I
NOTICE
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 ;
THE
JAMMU & 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.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART
II–B
Notifications, Notices and Orders by Heads of Departments.
—————
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 :—
Shedule of Property
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
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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,
1
2
3
4
5
6
—————————————————————————————––––––––––––––
K. M.
340
The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942.
[No. 48
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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,
1
2
3
4
5
6
—————————————————————————————––––––––––––––
K. M.
No. 48]
The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942.
341
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
6
—————————————————————————————––––––––––––––
K. M.
342
The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942.
[No. 48
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
1
2
3
4
5
6
—————————————————————————————––––––––––––––
K. M.
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
share
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
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
S/o Om Parkash equal shares
Davinder Dutta
Massialya R/o Arazi, Samba,
Makbooza
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
4
5
6
—————————————————————————————––––––––––––––
K–M
No. 48]
The J&K Official Gazette, 25th Feb., 2021/6th Phal, 1942.
345
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
–––––
Total 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.
—————
1
2
3
4
5
6
—————————————————————————————––––––––––––––
K–M
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.
—————
Declaration
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.
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.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C
———
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE GENERAL MANAGER,
GOVERNMENT PRESS, SRINAGAR.
LIMITED SHORT TERM TENDER NOTICE
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
–––––––––––––––––––––––––––––––––––––––––––––––––––
Terms and Conditions :—
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.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––DEPARTMENT OF RURAL
DEVELOPMENT AND PANCHAYATI RAJ
Notification
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. 43-a]
The J&K Offical Gazette, 22nd Jan., 2021/2nd Magha, 1942. Fri.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
EXTRAORDINARY
REGD. NO. JK—33
PART I–B
Jammu and Kashmir Government––Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
(Judicial Administration Section)
Notification
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.
No. 23-g] The J&K Official Gazette, 9th Sept., 2020/18th Bhad., 1942. Wed.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
EXTRAORDINARY
REGD. NO. JK—33
PART I–B
Jammu and Kashmir Government––Notifications.
———–
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132]
Jammu, Mon., the 9th Dec., 2019/18th Agra., 1941.
[No. 36-6
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Separate paging is given to this part in order that it may be filed as a
separate compilation.
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PART III
Laws, Regulations and Rules passed thereunder.
———–
EXTRAORDINARY
REGD. NO. JK—33
THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU
(MERGER OF UNION TERRITORIES) ACT, 2019
(No. 44 of 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 :—
PART I
Preliminary
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.
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(2) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
2.
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.
PART II
Merger of Union Territories
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.
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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).”.
PART III
Representation in the House of the People
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.
PART IV
High Court
8.
Extension of jurisdiction of High Court of Bombay.—On and
from the appointed day, the jurisdiction of the High Court of Bombay
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shall continue to extend to the Union territory of Dadra and Nagar Haveli
and Daman and Diu.
PART V
Assets and Liabilities
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.
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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.
PART VI
Provisions as to Services
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.
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[No. 36-6
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(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
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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.
PART VII
Legal and Miscellaneous Provisions
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.
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[No. 36-6
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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.
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
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.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
2
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[No. 41-1
WHEREAS, Parliament is not in session and the President is satisfied
that circumstances exist which render it necessary for him to take immediate
action.
NOW, THEREFORE, in exercise of the powers conferred by
clause (1) of article 123 of the Constitution, the President is pleased to
promulgate the following Ordinance :—
1.
Short title and commencement.—(1) This Ordinance may be called
the 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.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 30th December, 2020/Pausha 09, 1942 (Saka)
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.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
2
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[No. 39-3
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 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
paragraphs shall be substituted, namely :—
“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
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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 ;
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[No. 39-3
(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
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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.
THE BANNING OF UNREGULATED DEPOSIT SCHEMES
ACT, 2019
(No. 21 of 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.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
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Vol. 132]
Jammu, Wed., the 31st July, 2019/9th Srav., 1941.
[No. 17-5
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Separate paging is given to this part in order that it may be filed as a
separate compilation.
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PART IV
Reprints from the Government of India Gazette.
———–
EXTRAORDINARY
REGD. NO. JK—33
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Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
CHAPTER I
Preliminary
1.
Short title, extent and commencement.—(1) This Act may
be called the 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
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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 ;
(c) amounts received from the appropriate Government, or any
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
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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 ;
or
(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.
CHAPTER II
Banning of Unregulated Deposit Schemes
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
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(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.
CHAPTER III
Authorities
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
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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 ;
(c) compelling the production of records ;
(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
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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.
CHAPTER IV
Information on Deposit Takers
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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CHAPTER V
Restitution to Depositors
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
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(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
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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
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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.
CHAPTER VI
Offences and Punishments
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
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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
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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.
CHAPTER VII
Investigation, Search and Seizure
28.
Offences to be cognizable and non-bailable.—
Notwithstanding anything contained in the Code of Criminal Procedure,
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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.
29.
Competent Authority to be informed of offences.—The
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
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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
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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.
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(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.
CHAPTER VIII
Miscellaneous
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.
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(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 ;
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(b) purpose and ceiling under clause (k) of sub-section (4) of
section 2 ;
(c) the manner of provisional attachment of property by the
Competent Authority under sub-section (3) of section 7 ;
(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.
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(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.
————
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THE FIRST SCHEDULE
[See section 2 (15)]
REGULATED DEPOSIT SCHEMES
(1) The Regulator and Regulated Deposit Scheme refers to the
regulators and schemes and arrangements listed in the following Table,
namely :—
TABLE
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
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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).
(1)
(2)
(3)
—————————————————————————————
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(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
offered by a co-operative society
Union territory
registered under the Co-operative
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 arrangement for
Housing Bank
acceptance of deposits registered under the
National Housing Bank Act, 1987 (53 of 1987).
(1)
(2)
(3)
—————————————————————————————
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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
Insurance Scheme framed under the
Organisation
Employees’
Provident
Fund
and
Miscellaneous Provisions Act, 1952
(19 of 1952).
8. The Central Registrar,
Any scheme or an arrangement 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.
————
(1)
(2)
(3)
—————————————————————————————
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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
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.”.
PART II
Amendments to the Securities and Exchange Board of India
Act, 1992
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
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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.”.
PART III
Amendment to the Multi-State Co-operative Societies Act, 2002
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.”.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—LABOUR AND EMPLOYMENT
DEPARTMENT
Notification
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
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.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
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(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.
Draft Rules
CHAPTER I
Preliminary
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).
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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 ;
(c) “Assessing Officer” means an officer not below the rank
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 ;
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(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 ;
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(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.
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
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of procedure relating to the transaction of business as per
sub-section (9), (12) and (14) of section 6.—
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
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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.
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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
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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.
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.—
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
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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.
10. Appointment and constitution of Sub-Committees.—
(i) The Board may appoint as many Sub-Committees, as it
may deem fit for the proper discharge of its duties and
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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 ;
(c) One Member representing the building and other
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
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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.
6. Educational schemes for the benefit of children of the
beneficiaries under clause (d) of sub-section (6) of section 7.—
(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
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(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 ;
(c) The financial assistance on account of education shall be
available to the regular students, however in case of the
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.
(2) Sponsorship Schemes for meritorious students of
beneficiaries for professional degrees/diploma based on the
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
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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).
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 :—
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
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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
(c) A Court shall keep a seal of such size, dimensions and design
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 ;
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(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
not in accordance with sub-rule (2) of Rule 10.
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
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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
(c) the cause of action, wholly or in part, arose.
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.
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(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.
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(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.
21. Failure to present Written Statement called for by the
Court.—Where any party from whom a written statement is required
fails to present the same within the time prescribed by the court, the
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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.
24.
Appearance
of
parties
and
consequence
of
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.
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(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
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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.
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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.
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(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.
39. Certified copies of Order, Decree, etc. to be
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.
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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
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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).
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
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.
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
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
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(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.
46. Time within which and the form in which a written
application shall be made under sub-section (1) and the form of
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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
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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
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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.
(4) Application to competent authority for direction under
clause (b) of sub-section (5) of section 56.—
(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
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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.
(5) Procedure for dealing with application for direction.—
(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 ;
(c) A party appearing by an authorised representative shall be
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
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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
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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.
(10) Maintenance of records of cases by the competent
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 ;
(c) Any record, other than a record of any order or direction,
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.
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(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 ;
(c) There shall be appended to the Memorandum of appeal a
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,
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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.
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—
(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
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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
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Form-XXI, provided such existing Approved Gratuity Fund covers the
entire liability of all the employees of the establishment, under the Act.
48. Qualifications and experience of the officer appointed as
the competent authority under sub-section (1) of section 58.—
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.
CHAPTER V
Maternity Benefit
49. Authority to whom an appeal may be preferred under
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 ;
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(c) When an appeal is received, the Prescribed Authority shall
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.
CHAPTER VI
Employees Compensation
50. The amount to be deposited towards expenditure of the
funeral of the employee with the Competent Authority by the
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.
51. Conditions when application for review is made without
certificate of a medical practitioner under sub-section (1) of
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 ;
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(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.
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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.
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.—
(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
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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.
56. The manner of recording the memorandum in a register
by the competent authority under sub-section (1) of section 89.—
(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.
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(2) Procedure where competent authority does not consider
that he should refuse to record memorandum.—
(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.
(3) Procedure when competent authority considers that he
should refuse to record memorandum.—
(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
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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).
(4) Procedure on refusal to recrod memorandum.—
(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.
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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
memorandum
of
agreement,
bearing
Serial
No................................................... of 20 ..................................
in the register has been recorded this ..................... day of
...................................”
CHAPTER VII
Social Security and Cess in respect of Building
and other Construction Workers
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
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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.
62. Fees for appeal under sub-section (2) of section 105.—
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.
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
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.
64. Conditions and manner of writing off irrecoverable dues
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 ;
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(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.
CHAPTER IX
Authorities, Assessment, Compliance and Recovery
65. Other powers of Inspector-cum-Facilitator under clause
(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.
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
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.
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(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.
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
offence under sub-section (4) of section 138.—(1) The officer
authorized by the Jammu and Kashmir Government by notification for
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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.
(5) Composition after institution of prosecution.—
(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.
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
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
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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 ;
(c) The Jammu and Kashmir Government shall provide for
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
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or more employees or such number of employees as may be notified
by the Government.
(3) Type of vacancies and respective Career Centre for
reporting of vacancies.—
(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 ;
(c) Vacancies which have been reported to the Career Centre
(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 ;
(c) Any change in the particulars already furnished to the
Career Centre under clause (a) of sub-rule (3), shall be
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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 year 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
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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 year 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”
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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.
CHAPTER XII
Miscellaneous
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.
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(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.
70. Conditions which the exempted establishment or the
class of establishments or an employee or class of employees,
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.
71. Conditions for management of the trust under
sub-section (5) of section 143, which has been granted exemption
under sub-section (1) of section 143.—(1) A Board of Trustees
shall be established for the management of the Provident Fund or the
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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.
73. Manner of determining the misuse of any benefit by an
establishment or by any other person under section 148.—If any
Establishment or any other person to which the provisions of this Code
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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.
74. Submission of a copy of the Form to the office of Director
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.
–––––
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FORM-I
(See Rule 6)
Name of the Bank……………………….
Account No……………………………..
Application for Educational Assistance for Education up to
12th Standard Examination
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……………..
Signature of the
Registered Construction Workers.
–––––––
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Declaration by the Applicant
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.
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.
Further, I certify that our school is Government
recognized bearing recognition No._____________
dated____________issued by the ____________.
Signature of Principal/
Headmaster.
For Office Use
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.
Photograph of the
students to be
attested by the
Principal/Student
Photograph of the
students to be
attested by the
Principal/Student
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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
Board
as
Educational
Assistance
for
the
year_______________.
Scrutiny Officer/DEO.
Recommendations
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…………………………..
Labour Officer/Labour Inspector.
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……………………………….
Scrutiny Officer/Incharge BOC Section/DEO.
–––––––
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FORM-II
(See Rule 6)
Name of the Bank……………………….
Account No. …………………………..
Application for Educational Assistance for Higher Education
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 College/
ren
University
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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……………..
Signature of the
Registered Construction Workers.
–––––––
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Declaration by the Applicant
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.
Certificate from the Principal/Head of the Institution/
Authorized Officer of the concerned College/University
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.
Further, I certify that our school is College/
University recognized bearing recognition No._____
dated____________issued by the ____________.
Signature of Principal/
Head of the Institution/Authorized Officer.
For Office Use
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.
Photograph of the
students to be
attested by the
Principal/Student
Photograph of the
students to be
attested by the
Principal/Student
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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
Board
as
Educational
Assistance
for
the
year_______________.
Scrutiny Officer/DEO.
Recommendations
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…………………………..
Labour Officer/Labour Inspector.
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……………………………….
Scrutiny Officer/Incharge BOC Section/DEO.
–––––––
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FORM-III
(See Rule 10)
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.
(Verification by the Applicant)
The statement of facts contained in this application is to best of
my knowledge and belief true and correct.
Date
Signature.
––––––––
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FORM-IV
(See Rule 12)
List of documents produced by applicant/opposite party.
1.
In the case titled :
2.
Name of the court :
3.
Number, etc. :
Number
Description
Date, if any,
Signature of party
which the
or pleader or any
documents bear
authorized representative
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––
FORM-V
(See Rule 13)
Register of Proceedings
Employees Insurance Court at……….……………..
Applicant
Opposite Party
Claim
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Appearance
Final order
Appeal
Execution
Date of presentation of application
Number of Proceeding
Name
Description
Place of residence
Name
Description
Place of residence
Particulars
Amount or value, if any
When the cause of action occurred
Day for parties to appear
Applicant
Opposite party
Date
For whom
For what, or amount
Date of decision of appeal, if any
Judgment in appeal
Date of application
Against whom
For what, and amount of money
Amount of costs
Date of order transferring to another civil
court of at
Other remarks, if any
––––––
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.
J.
.
.
.
FORM-VI
(See Rule 17)
Summons for disposal of proceedings
1.
Title of the Case :
To
(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.
–––––––
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FORM-VII
(See Rule 17)
Summons for settlement of issues
Case Titled:
To
(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.
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.
––––––
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FORM-VIII
[See Rule 24(5)]
Subject :—Application for setting aside the………………. order dated
……………………..
(the grounds of application should be stated)
Date
Signature of the Applicant.
Verification by 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
––––––
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FORM-IX
[See Rule 24(5) & (6)]
General Form
Case Titled:
To
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.
_______
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FORM-X
(See Rule 25)
Summons to witness
Titled :
Whereas your attendance is required to………………… on behalf
of the………………………in the above proceedings, you are hereby
required
(personally)
to
appear
before
this
court
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.
_______
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FORM-XI
(See Rule 38)
Decree in Case
Claim for
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
Service of summons
witnesses
and notice
6. Commissioner’s fee
Commissioner’s fee
7. Service of summons
and notice
Total :-
Total :-
––––––––
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FORM-XII
(See Rule 40)
Application for the execution of a decree
In the Court of......................................................
I, ……………. Decree holder, hereby apply for execution of the
decree herein below set forth :—
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 :
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 c ourt is required
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(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…………..
––––––––
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FORM-XIII
(See Rule 45)
Nomination/Fresh Nomination/Modification of Nomination
(Strike out the words not applicable)
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).
or
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.
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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.
Name in full
Relationship with
Age of
Proportion by
No.
with full address the employee
nominee which the
of nominee(s)
gratuity will
be shared
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
2.
3.
So on
Manner of acquiring a “Family”
(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)
Statement
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.
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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.
,
Acknowledgement by the Employee
Received the duplicate copy of nomination in Form-III filed by
me and duly certified by the employer.
Date: ………………….
Signature of 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)
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) ;
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b. Address in full of employee
or
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 :
–––––––
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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
heirof………………….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 ;
(c) Total period of service of the employee concerned
………………….years……………months...................... ;
(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.
–––––––
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FORM-XVI
[See Rule 46(4) (a) (iii)]
Application for Direction
Before the Competent Authority for Chpater V under the
Code on Social Security, 2020
Application No.
Date
BETWEEN
(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
applicant
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.
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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.
ANNEXURE
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
–––––––
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FORM-XVII
[See Rule 46(5) (a) (8)]
Notice for Apperance before the Competent Authority/Summon
(Strike out the words not applicable)
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-
1.
2.
3. so on
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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.
–––––
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FORM-XVIII
[See Rule 46(11) (12) (h)]
Notice for Payment of Gratuity as Determined by Competent/
Appellate Authority
(Strike out the words not applicable)
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)
––––––––
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FORM-XIX
[See Rule 46(13)]
Application for Recovery of Gratuity
Before the Competent Authority for Chapter V under the Social
Security Code, 2020.
Application No.
Date
BETWEEN
(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.
–––––
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FORM-XX
[See Rule 47(3) (i)]
Application for Registration of an Establishment with the
Controlling Authority under section 57
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 ;
(c) terms of Insurance Policy (copy of the 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
––––––
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FORM-XXI
[See Rule 47(4)]
Option to continue under the Existing Insurance
under section 57
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 :
(c) Terms and conditions of Insurance Policy (Copy of the Insurance
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
–––––
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FORM-XXII
[See Rule 47(3) (i) & (ii)]
Details of Employees of the Establishment covered under
the Compulsory Insurance under section 57 of the Code
(a) Name of the employee :
(b) Name of Father/Husband :
(c) Designation/Category :
(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
––––––
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FORM-XXIII
(See Rule 49)
Complaint to the Inspector-cum-Facilitator
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.
–––––
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FORM-XXIV
[See Rule 49(2) (b)]
Appeal
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 ;
or
*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.
–––––––
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FORM-XXV
(See Rule 53)
Notice Book
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
bona fide
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––
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FORM-XXVI
(See Rule 55)
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 :
(c) Manner in which deceased was/were employed at the time :
(d) Cause of the accident :
(e) Any other relevant particulars (I have etc.)
Signature and designation of person
Making the report.
STATEMENT
Name
Sex
Age
Name of
Full Postal
Employment
Address
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––
2
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THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Part
II––B
Notifications, Notices and Orders by Heads of Departments.
—————
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
————
EXTRAORDINARY
REGD. NO. JK—33
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 certificate issued by the
Conciliation Officer for dispute under
Section 2-A of Industial Dispute
(Amendment) Act, 2010 for adjudication.
Coram :
Mohammad Ali Khan JO Code :–JK00034
————
AWARD
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
Feb., 2009 (15
16400.00
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––——
No. 36-10] The J&K Govt. Gazette, 9th Dec., 2014/18th Agra, 1936. 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 respondent 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.
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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 ?
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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.