THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
Vol. 133]
Jammu, Thu., the 4th March, 2021/13th Phal., 1942. [ No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
580-602
633-672
91-92
347-350
119-120 233-236
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The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.
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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. 400 Dated 08-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Mushafiq Jan D/o Mohd Afzal Magrey R/o Wattoo, Magrey
Mohalla, Tehsil D. H. Pora, 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-397/2020 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. 401 Dated 08-12-2020.
Provisional admission as an Advocate, granted under the Advocates
Act, 1961 in favour of Ms. Sakeena Gani D/o Abdul Gani Dar R/o
Maidane Chougal, Kupwara vide Notification No. 808 dated 20-09-2019
has been declared as absolute/final.
By order.
––––––––
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Notification
No. 402 Dated 08-12-2020.
Provisional admission as an Advocate, granted under the Advocates
Act, 1961 in favour of Ms. Sheeba Rashid Dar D/o Abdul Rashid Dar
R/o Namchabal Fateh Kadal, Srinagar vide Notification No. 137 dated
17-06-2019 has been declared as absolute/final.
By order.
––––––––
Notification
No. 403 Dated 08-12-2020.
Provisional admission as an Advocate, granted under the Advocates
Act, 1961 in favour of Ms. Ulfat Mohi-ud-Din D/o Gh. Mohi-ud-Din
Yatoo R/o Drussu, Pulwama vide Notification No. 1864 dated
15-03-2018 has been declared as absolute/final.
By order.
––––––––
Notification
No. 404 Dated 08-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Gagandeep Singh S/o Gurbachan Singh R/o H. No. 1176,
Sector 8, Nanak Nagar, Jammu has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of 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-373/2020 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.
––––––––
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Notification
No. 405 Dated 08-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Harmeet Singh S/o Tirath Singh R/o Akali Kour Singh Nagar,
Digiana, Jammu has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of
one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from
CID.
His
name
has
been
entered
under
Serial
No. JK-428/2020 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. 409 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Aamir Hussain Dar S/o Bashir Ahmad Dar R/o Naina Gund, Baba
Khalil, Sangam, Tehsil Bijbehara, 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-343/2020 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.
–––––––––
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Notification
No. 410 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Abdul Rahim Pintoo S/o Bashir Ahmad Pintoo R/o Wanpora, Tehsil
Gurez, District Bandipora 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-344/2020 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. 411 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Aamir Manzoor S/o Manzoor Ahmad R/o Karnah, Amroohi, Tehsil
Karnah, District Kupwara 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-345/2020 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.
––––––––
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Notification
No. 412 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Aajaz Ahmad Ganai S/o Ghulam Nabi Ganai R/o Shangus
Usmanabad, 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-346/2020 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. 413 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Aijaz Ahmad Wani S/o Ab. Khliq Wani R/o Charar-I-Sharief,
Trajibal, 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-347/2020 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. 49]
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Notification
No. 414 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Aqefa Sameem D/o Gh. Mohammad Bhat R/o Agroo Astan Mohalla,
Devsar, District Kulgam has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a
period of one year from the date of issuance of this notification, subject
to the verification of 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-348/2020 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. 415 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Ajaz Ahmad Naikoo S/o Ab. Majeed Naikoo R/o Jungle Nard, Shall
Tokuna (Malangpora), Awantipora, Pulwama 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-349/2020 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.
––––––––
586
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Notification
No. 416 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Aiman Ali D/o Ali Mohammad Bhat R/o Badu Bagh, Tehsil Khanyar,
District 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-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. 417 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Abdullah Raashid Rasool S/o Gulam Rasool Dar R/o Madina Colony,
Malla Bagh, Hazratbal, 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 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-351/2020 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. 418 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Ansa Ishtaq D/o Ishtaq Ahmad Zogi R/o Saraf Kadal, Killi Masjid,
No. 49]
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Tehsil Khanyar, District 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-352/2020 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. 419 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Anam Mushtaq Mackay D/o Mushtaq Ahmed Mackay R/o 36,
Dabag Mohalla, Dabtal, Jamalatta, Tehsil Sr Gunj, 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-353/2020 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. 420 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Abid Hussain S/o Gh. Qadir Waza R/o Trajibal, Tehsil Charar-I-
Sharief, District Budgam has been admitted and enrolled as an Advocate
588
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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-356/2020
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. 421 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Azra Fatima D/o Habib Ullah Bhat R/o Summer Bugh Lasjan, B.
K. Pora, 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 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-357/2020
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. 422 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Asiya Nazir D/o Nazir Ahmad Malik R/o Nipora, 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
No. 49]
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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-358/2020 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. 423 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Arif Hussain S/o Gulzar Hussain R/o Thangdumbur, Tehsil Sankoo,
District Kargil A/P Lane No. 1, Upper Narwal, Noor Abad Bathindi,
Jammu has been admitted and enrolled as an Advocate on the Rolls of
Jammu and Kashmir Bar Council provisionally for a period of one year
from the date of issuance of this notification, subject to the verification
of his Provisional/LL.B Degree Certificate from the concerned
University and verification of his character and antecedents from CID.
His name has been entered under Serial No. JK-359/2020 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. 424 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Aijaz Bashir Wagay S/o Bashir Ahmed Wagay R/o Nowgam, Devsar,
Near Masjidpora, Ganiepora, District Kulgam has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
590
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Serial No. JK-360/2020 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. 425 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Bashir Ahmad Rather S/o Ali Mohammed Rather R/o Busser Bugh
Alastang, 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 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-361/2020
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. 426 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Bushra Rafi D/o Mohd Rafi Jan R/o Gund Dalwach, Kwarhama,
Baramulla 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-362/2020
in the Roll of Advocates maintained by this Registry.
No. 49]
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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. 427 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Babar Fareed Wani S/o Fareed Ahmad Wani R/o Shumnag,
Fazilabad, Trehgan, Kupwara 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-363/2020 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. 428 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Bisma Gul D/o Ghulam Din War R/o Kirmani Colony, Drangbal,
Baramulla 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-365/2020
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.
––––––––
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Notification
No. 429 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Burshan Javed S/o Javeed Ahmad Malik R/o Nowgam, Shahabad,
Verinag, Tehsil Duru, 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-366/2020 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. 430 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Bisma Afzal Haji D/o Mohammad Afzal Haji R/o Doctors Lane,
Iqbal Colony, Zainakote, 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-367/2020 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. 49]
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Notification
No. 431 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Babesh Kumar S/o Harbans Lal R/o Village Laswara, Tehsil
Bishnah, District Jammu has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a
period of one year from the date of issuance of this notification, subject
to the verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-368/2020
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. 432 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Firdous Ahmad Wani S/o Gh. Mohd Wani R/o Khrew, Khar Mohalla,
Tehsil Pampore, District Pulwama 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-369/2020 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.
––––––––
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Notification
No. 433 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Fayaz Ahmad Naikoo S/o Abdul Rehman Niakoo R/o Gousa
Mohalla, Aismuqam, Pahalgam, 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-370/2020 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. 434 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Farhat Gulzar D/o Gh. Mohammad Lone R/o Sangrama Sopore 4,
Wani Mohalla Sopore, Baramulla 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-371/2020 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. 49]
The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.
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Notification
No. 435 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Gulzar Ahmad Wani S/o Gh. Ahmad Wani R/o Batapora, Kunzer,
District Baramulla 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-372/2020
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. 436 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Hafsa Khurshid D/o Pirzada Khurshid Ahmad R/o Friends Colony,
Lane No. 2, HMT Road, 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-375/2020 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.
––––––––
596
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[ No. 49
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Notification
No. 437 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Hameem Jeelani D/o Sona Ullah Ganie R/o Banghall, Near Masjid
Sharief Herpora Devsar, 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-376/2020 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. 438 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Huzeefa Shabir D/o Shabir Ahmad Khan R/o Kalwal Mohalla,
Rainawari, Khanyar, 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-377/2020 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. 49]
The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.
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Notification
No. 439 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Irshad Ahmad Teli S/o Ali Mohammad Teli R/o Firdous Abad
Batamaloo, 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 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-378/2020
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. 440 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Pragya Sharma D/o Arun Kumar Sharma R/o H. No. 64, Lane No.
3, Suraksha Vihar Colony, Paloura Top, Jammu has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of her Provisional/LL.B Degree
Certificate from the concerned University and verification of her
character and antecedents from CID. Her name has been entered under
Serial No. JK-411/2020 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.
––––––––
598
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[ No. 49
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Notification
No. 441 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Ishfaq Ahmad Yatoo S/o Mohammad Yousuf Yatoo R/o Rakhi
Shilvath, Sumbal, Bandipora 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-379/2020 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. 442 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Nafia Zahoor D/o Zahoor Ahmed Bhat R/o Ikhrajpora Rajbagh, Silk
Factory Road, 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-409/2020
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. 49]
The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.
599
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Notification
No. 443 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Zakir Ahmad Parray S/o Gulzar Ahmad Parry R/o Sempora,
Derapora, Yaripora, Kulgam has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of his Provisional/LL.B Degree Certificate
from the concerned University and verification of his character
and antecedents from CID. His name has been entered under Serial
No. JK-452/2020 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. 444 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Ishaqa Nazir D/o Nazir Ahmad Bhat R/o Parigam, Astan Mohalla,
Pulwama 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-380/2020
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.
––––––––
600
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[ No. 49
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Notification
No. 445 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Iqra Manzoor D/o Manzoor Ahmad Wani R/o Kadalbal Pampore,
Pulwama 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-381/2020
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. 446 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Insha Altaf D/o Altaf Hussain Najar R/o Nowgam, Pohru Chowk
Near AGMS School, Chanapora (South), 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-382/2020 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. 49]
The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.
601
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
No. 447 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Mr. Irfan Ahmad Khan S/o Ghulam Mohi ud din Khan R/o Chewa Khan
Mohalla, Sumbal Sonawari Bandipora 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-383/2020 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. 448 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms.Jowhara Hassan D\o Gh. Hassan Yatoo R\o Rakh-e-Shalvath,
Sumbal, Bandipora 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-384/2020
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.
––––––––
602
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[ No. 49
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Notification
No. 449 Dated 09-12-2020.
It is hereby notified that vide High Court Order dated 25-11-2020
Ms. Jasia Jeelani Lanker D/o Late Ghulam Jeelani Lanker R/o
Shamshipora Vehil, Shah Mohalla, Shopian 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-385/2020 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 OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Thu., the 4th March, 2021/13th Phal., 1942. [ No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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—LABOUR AND EMPLOYMENT
DEPARTMENT.
Subject :—Nomination of First Appellate Authority (FAA)/Public Information
Officer (PIO) in Labour and Employment Department.
––––––
Government Order No. 05-L&E of 2021
Dated 25-01-2021.
In pursuance of section 19(1) and section 5(1) of the Right to
Information Act, 2005, sanction is hereby accorded to the nomination of
following Officers as First Appellate Authority (FAA), and Public
Information Officer (PIO), in the Department with immediate effect :—
Name of the Officer
Designation
Office Address
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Mr. Malikzada Sheraz-u-Haq,
First Appellate
Room No. 4/8 (Mini Block),
KAS, Additional Secretary
Authority (FAA)
4th Floor, Civil Sectt., Jammu
to Govt., Mobile No.7006984270
(Nov. to April)
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
634
Room No. 428, 4th Floor,
Civil Sectt., Srinagar.
(May to Oct.)
Mr. Virender Gupta,
Public Information
Room No. 3/5 (Mini Block),
Deputy Secretary to Govt.,
Officer ( PIO)
3rd Floor, Civil Sectt., Jammu
Mobile No. 8825032793
(Nov. to April)
Room No. 6/24, 6th Floor,
Civil Sectt., Srinagar.
(May to Oct.)
By order of the Government of Jammu and Kashmir.
(Sd.) SAURABH BHAGAT, IAS,
Commissioner/Secretary to Government,
Labour and Employment Department.
––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 185-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 Bhagli Champal road by
PMGSY in Village Champal, Tehsil Chilly Pingal, District Doda ;
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. 547-53/LAC dated 09-10-2019, for land measuring 141 Kanals, situated
in Village Champal, Tehsil Chilly Pingal, District Doda ;
Whereas, the Collector, Land Acquisition (SDM), Gandoh, vide letter
No. 657-58/LAC 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
1
2
3
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No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 635
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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. 537/LAC/D/19 dated 28-10-2019
duly endorsed by the Divisional Commissioner, Jammu vide No. 502/3894/
PMGSY/Champal/Doda/19/3083 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 ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of Bhagli
Champal road by PMGSY in Village Champal, Tehsil Chilly Pingal, 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
141 Kanals, situated in Village Champal, Tehsll Chilly Pingal, District Doda,
for construction of Bhagli Champal road under PMGSY in Village Champal.
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
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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2
3
4
5
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K. M.
Doda
Chilly Pingal
Champal
142 min
00-16
142 min
00-092
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3
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5
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K. M.
142 min
00-12
142 min
00-06
142 min
00-05
142 min
00-12
138 min
00-03
143 min
01-05
143 min
00-14
138 min
00-09
143 min
00-10
138 min
00-03
142 min
01-02
142 min
01-12
142 min
00-11
142 min
00-03
142 min
00-08
142 min
01-09
138 min
00-15
138 min
01-12
138 min
00-06
138 min
01-06
138 min
00-05
138 min
00-05
138 min
00-09
138 min
00-04
138 min
00-15
138 min
01-01
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 637
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142 min
02-15
142 min
00-04
142 min
00-02
142 min
00-03
142 min
00-04
148/1 min
00-05
148/1 min
00-06
148/1 min
00-17
142 min
00-05
148/1 min
00-16
148/1 min
00-17
148/1 min
00-17
148/1 min
00-05
148/1 min
00-03
148/1 min
00-03
148/1 min
00-04
148/1 min
01-10
179 min
00-07
148/1 min
00-09
148/1 min
00-09
148/1 min
00-19
148/1 min
00-17
148/1 min
01-03
148/1 min
01-03
146 min
02-11
146 min
00-01
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2
3
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148/1 min
01-09
148/1 min
01-07
148/1 min
02-00
148/1 min
00-12
179 min
00-14
180 min
01-02
180 min
01-11
180 min
01-00
181 min
00-13
320 min
01-00
320 min
01-04
181 min
00-09
320 min
00-13
181 min
00-08
180 min
00-16
180 min
00-12
180 min
01-02
180 min
00-17
180 min
00-04
180 min
01-03
181 min
00-02
180 min
01-14
182 min
00-08
181 min
00-11
320 min
00-13
320 min
01-03
1
2
3
4
5
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No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 639
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320 min
00-14
321 min
01-01
325/1 min
00-18
325/1 min
01-02
325/1 min
00-12
321 min
01-07
320 min
01-00
320 min
00-17
320 min
00-15
181 min
01-07
184 min
00-10
181 min
00-10
172 min
00-13
173 min
00-07
173 min
00-04
173 min
01-18
171 min
00-09
169 min
00-03
169 min
00-03
169 min
00-03
169 min
00-11
169 min
00-08
169 min
00-08
169 min
00-09
190 min
00-15
166 min
00-06
1
2
3
4
5
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166 min
00-04
190 min
00-02
166 min
00-08
166 min
00-10
165 min
00-13
165 min
00-07
164 min
00-14
163 min
02-15
163 min
00-06
162 min
00-11
191 mln
00-04
191 min
00-05
191 min
00-03
191 min
00-03
191 min
00-13
191 min
00-13
188 min
01-09
188 min
00-13
188 min
00-15
187 min
02-00
195 min
00-17
195 min
00-09
195 min
00-07
181 min
00-07
181 min
00-07
181 min
00-10
1
2
3
4
5
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No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 641
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196 min
00-02
196 min
00-03
208 min
00-02
208 min
00-02
228 min
00-08
228 min
00-03
228 min
00-04
228 min
00-07
228 min
00-17
228 min
00-13
228 min
00-15
227 min
01-01
227 min
00-11
227 min
00-01
226 min
01-00
208 min
00-04
196 min
00-07
208 min
00-03
198 min
00-04
198 min
00-04
198 min
00-11
200 min
01-00
200 min
00-05
200 min
00-01
203 min
00-04
204 min
00-04
1
2
3
4
5
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The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
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204 min
00-05
203 min
00-05
214 min
00-03
214 min
00-01
214 min
01-04
214 min
01-04
53 min
00-03
53 min
00-03
53 min
00-03
53 min
00-01
53 min
00-01
53 min
00-09
52 min
00-03
52 min
00-04
52 min
00-14
49 min
00-02
46 min
00-05
50 min
00-05
50 min
00-11
46 min
00-13
41 min
00-07
41 min
00-07
41 min
00-01
41 min
00-01
37 min
00-19
41 min
00-15
40 min
00-16
13 min
00-16
1
2
3
4
5
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No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 643
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37 min
01-12
36 min
00-02
27 min
00-18
27 min
00-03
27 min
00-03
27 min
00-07
27 min
00-15
25 min
00-05
27 min
00-01
25 min
00-13
25 min
00-03
25 min
00-03
25 min
00-02
25 min
00-11
25 min
00-05
25 min
00-05
25 min
00-17
220 min
00-02
220 min
00-08
220 min
00-08
220 min
00-03
220 min
00-03
220 min
00-08
217 min
00-05
222 min
00-08
222 min
00-03
222 min
00-04
222 min
00-12
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2
3
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K. M.
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
644
1
2
3
4
5
———————————————————————————————
K. M.
250 min
00-09
244 min
00-09
244 min
01-00
248 min
00-08
249 min
00-12
249 min
00-11
243 min
00-06
243 min
01-04
243 min
00-06
243 min
01-01
236 min
03-01
239 min
00-15
237 min
02-11
281 min
00-08
282 min
01-10
285 min
01-00
287 min
00-19
––––––
Total
141-00
––––––
––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 184-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas the land, specifications whereof are given below is required
for public purposes viz. for construction of road from Puneja to Bhallara
under PWD situated in Village Chagnoo, Tehsil Chiralla, District Doda ;
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 645
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Doda
Chiralla
Chagnoo
225
01-08
227
01-17
228 min
00-10
00-08
228
00-11
–––––
Total
04-14
–––––
Whereas, on the basis of an indent placed by Executive Engineer,
PWD (R&B), Spl. Sub-Division, Bhaderwah, a notification under
section 4 (1) was issued by Collector, Land Acquisition (SDM), Thathri,
vide letter No. SDM/T/LAC/332-39 dated 12-10-2019 for land measuring
04 Kanals, 14 Marlas in Village Chagnoo, Tehsil Chiralla, District Doda for
construction of road from Puneja to Bhallara under PWD (R&B) ;
Whereas, the Collector, Land Acquisition (SDM), Thathri vide letter
No. SDM/T/LAC/96-97 dated 25-10-2019 has reported that the notification
issued under section 4 (1) of the J&K State Land Acquisition Act by him
was served upon the interested persons for filing objections, if any, to the
proposed acquisition, but no objection was received from the land owners/
interested persons within the prescribed period as required under
sections 5 & 5-A of Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM),
Thathri vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Doda vide No. 544/LAC/D/19 dated 28-10-2019,
Divisional Commissioner, Jammu vide No. 502/3950/PWD/Chagnoo/Doda/
19/2915 dated 27-11-2019 and Financial Commissioner, Revenue, J&K
Jammu vide No. FC-LS/LA-5189/2020 dated 11-05-2020 has been
examined and it has been found that the land owners did not file any objection
to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of road
from Puneja to Bhallara under PWD (R&B).
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
646
04 Kanals, 14 Marlas in Village Chagnoo, Tehsil Chiralla, District Doda for
construction of road from Puneja to Bhallara under PWD (R&B). Further,
the Collector, Land Acquistion (SDM), Thathri is directed under section 7
of the said Act to take orders for acquisition of the said land after giving
prescribed notice to the interested person (s) as required under the Land
Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in
force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to the Government,
Revenue Department.
______
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 173-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given below is required
for public purposes viz. for construction of 33 Meter Span Over Ancha Nallah
situated in Village Sumber, Tehsil and District Ramban ;
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban
Ramban
Sumber
1007
01-06
Whereas, on the basis of an Indent placed by the Chief Engineer,
PW (R&B) Department, a notification under section 4 (1) was issued by
Collector, Land Acquisition (ACR), Ramban, vide No. Acq/Gen/19/549-59
dated 05-08-2019 for land measuring 01 Kanal and 06 Marlas in Village
Sumber, Tehsil and District Ramban for construction of 33 Meter Span over
Ancha Nallah ;
Whereas, the Collector, Land Acquisition (ACR), Ramban, vide
No. Acq/Gen/19/754-56 dated 05-10-2019 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
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 647
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
proposed acquisition, but no objection was received from the land owners/
interested persons within the prescribed period as required under sections
5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Ramban, vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Ramban vide No. DC/LA/Rbn/378-79 dated
12-10-2019, Divisional Commissioner, Jammu vide No. 502/3788/PWD/
Sumber/Rbn/19/2688 dated 30-10-2019 and Financial Commissioner,
Revenue, J&K Jammu vide No. FC-LS/LA-5163/2020 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
33 Meter Span over Ancha Nallah.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
01 Kanal and 06 Marlas in Village Sumber, Tehsil and District Ramban, for
construction of 33 Meter Span over Ancha Nallah. Further, the Collector,
Land Acquisition (ADC), Ramban is directed under section 7 of the said
Act to take orders for acquisition of the said land after giving prescribed
notice to the interested person (s) as required under the Land Acquisition
Act/Rules.
Further, in pursuance of section 17 of the Land Acquisition Act, Samvat
1990, it is also ordered that on expiry of fifteen days from the publication of
the Notification under section 9 (2) of the said Act, the Collector will take
possession of the aforementioned land in Village Sumber, Tehsil and District
Ramban, required for public purposes, subject to fulfillment of the conditions
prescribed under section 9 (2) and section 17-A of the Land Acquisition Act
and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of 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 Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
648
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/
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
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 649
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
206
00-03
204
00-11
203
00-10½
202
00-19
201
00-09
200
00-07
198
00-03½
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
650
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
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
–––––
–––––––
1
2
3
4
5
———————————————————————————————
K. M.
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 651
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 170-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for widening of National Highway situated in
Village Neera, Tehsil and District Ramban ;
Whereas, on the basis of an indent placed by Project Director, National
Highway (PIU), a notification under section 4 (1) was issued by Collector,
Land Acquisition (ADC), Ramban, vide No. CLA/NH-44/2019/1170-80
dated 27-09-2019 for land measuring 15 Kanals and 06.5 Marlas in Village
Neera, Tehsil and District Ramban for widening of National Highway ;
Whereas, the Collector, Land Acquisition (ADC), Ramban, vide
No. CLA/NH-44/2020/1748 dated 12-02-2020 has reported that the
notification issued under section 4 (1) of the J&K State Land Acquisition
Act by him was served upon the interested persons for filing objections, if
any, to the proposed acquisition, but some objections received from land
owners showing their recession with regard to land. The matter was
discussed in the meeting with NHAI was held on 28-01-2020 and the
National Highway Authority has informed that the same land is urgently
required due to the change of alignment thereafter the objections under
section 5-A have been disposed off ;
Whereas, the report furnished by Collector, Land Acquisition (ADC),
Ramban vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Ramban vide No. DC/LA/Rbn/611-12 dated
19-02-2020, Divisional Commissioner, Jammu vide No. 502/4157/NH/Neera/
Rbn/20/4461 dated 24-02-2020 and Financial Commissioner, Revenue, J&K
Jammu vide No. FC-LS/LA-5173/2020 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 widening of National
Highway.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
15 Kanals and 06.5 Marlas in Village Neera, Tehsil and District Ramban,
for widening of National Highway. Further, the Collector, Land Acquisition
(ADC), Ramban is directed under section 7 of the said Act to take orders
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
652
for acquisition of the said land after giving prescribed notice to the interested
person (s) as required under the Land Acquisition Act/Rules.
Further, in pursuance of section 17 of the Land Acquisition Act, Samvat
1990, it is also ordered that on expiry of fifteen days from the publication of
the notification under section 9 (2) of the said Act, the Collector will take
possession of the aforementioned land in Village Neera, Tehsil and District
Ramban, required for public purposes, subject to fulfillment of the conditions
prescribed under section 9 (2) and section 17-A of the Land Acquisition
Act and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of 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.
Ramban
Ramban
Neera
398
02-14
401
min
00-16.5
402
min
01-00
403
min
06-02
403
min
00-10.5
403
min
00-08
403
min
00-08
404
00-07.5
413
03-00
–––––––
Total
15-06.5
–––––––
––––––––
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 653
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 163-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 PWD (R&B) road from
Sailu to Leundi situated at Village Bhikher, Tehsi1 Basholi, District Kathua ;
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 (ADC), Basholi vide letter No. ADC/BSL/2019-20/237-46 dated
15-06-2019 read with corrigendum vide letter No. ADC/BSL/2019-20/254-
62 dated 19-06-2019, for land measuring 15 Kanals, 18½ Marlas situated at
Village Bhikher, Tehsil Basholi, District Kathua, for construcnon of PWD
(R&B) road from Sailu to Leundi ;
Whereas, the Collector, Land Acquisition (ADC), Basholi vide letter
No. ADC/BSL/2019-20/37 dated 22-10-2019, 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), Kathua vide No. DCK/LA/2019-20/1799-1802
dated 30-10-2019 Divisional Commissioner, Jammu vide
No. 502/4016/Bhikher/Kathua/19/4121 dated 31-12-2019 and Financial
Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5146/2020
dated 06-03-2020 has been examined and it has been found that the land
owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of PWD
(R&B) road from Sallu to Leundi.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
654
15 Kanals, 18½ Marlas situated at Village Bhikher, Tehsil Basholi, District
Kathua for construction of PWD (R&B) road from Sallu to Leundi. Further,
the Collector, Land Acquisition (ADC), Basholi is directed under section 7
of the said Act to take orders for acquisition of the said land after giving
pescribed notice to the interested person (s) as required under the Land
Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in
force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
______
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
———————————————————————————————
K. M.
Kathua
Basholi
Bhikher
35
00-08
36
00-00½
37
00-16
38
00-12
39
00-10
42
00-04
43
00-15½
45
00-00½
46
00-01
47
00-01½
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 655
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
———————————————————————————————
K. M.
48
00-07½
49
00-03
51
00-01
52
00-04
68
00-05
698/651/588/135
00-01
699/651/588/135
04-17
650/588/135
06-11
––––––
Total
15-18½
––––––
––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 202-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for public purposes viz. for construction of
Seri-Sincha road under PMGSY situated at Village Sincha, Tehsil and District
Ramban ;
Whereas on the basis of an indent placed by Chief Engineer, PMGSY
(JKRRDA), Jammu, a notification under section 4 (1) was issued by
Collector, Land Acquisition (ACR), Ramban, vide letter No. Acq/PMGSY/
19/316-25 dated 10-10-2019, for land measuring 13 Kanals, situated in
Village Sincha, Tehsil and District Ramban, for construction of Seri-Sincha
road under PMGSY ;
Whereas, the Collector, Land Acquisition (ACR), Ramban, vide
No. Acq/PMGSY/19/417-20 dated 25-10-2019, has reported that the
notification issued under section 4 (1) of the J&K State Land Acquisition
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
656
Act by him was served upon the interested persons for filing objections, if
any, to the proposed acquisition, but, no objection was received from the
land owners/interested persons within the prescribed period as required
under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Ramban, vide letter referred to above duly endorsed by District Collector,
(DC), Ramban vide letter No. DC/LA/Rbn/424-25 dated 25-10-2019,
Divisional Commissioner, Jammu vide No. 502/4021/Sincha/Ramban/19/
3097 dated 21-12-2019 and by Financial Commissioner, Revenue vide
No. FC-LS/LA/5105/2020 dated 04-03-2020 has been examined and it has
been found that the land owners did not file any objection to the proposed
acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of Seri-
Sincha road under PMGSY situated at Village Sincha, Tehsil and District
Ramban.
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 Kanala, situated in Village Sincha,Tehsil and District Ramban for
construction of Seri-Sincha road under PMGSY. Further, the Collector, Land
Acquisition (ACR), Ramban is directed under section 7 of the said Act to
take orders for acquisition of the said land after giving prescribed notice to
the interested person (s) as required under the Land Acquisition Act/rules ;
Further, in pursuance of section 17 of the Land Acquisition Act, Samvat
1990, it is also ordered that on expiry of fifteen days from the publication of
the notification under section 9 (2) of the said Act, the Collector will take
possession of the aforementioned land in Village Sincha, Tehsil and District
Ramban, required for public purposes, subject to fulfillment of the conditions
prescribed under section 9 (2) and section 17-A of the Land Acquisition
Act and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of lands involved in
the case for making apportionment of compensation amongst all the
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 657
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
interested persons/rightful claimants, in accordance with the relevant laws/
rules in force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
______
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
———————————————————————————————
K. M.
Ramban
Ramban
Sincha
122
00-11
125
01-12
124
01-07
133 min
02-17
133 min
00-05½
134
01-08
175 min
00-17½
175 min
02-02
187
02-00
–––––
Total
13-00
–––––
–––––––
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
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
658
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
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.
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 659
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
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
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
660
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
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
1
2
3
4
5
———————————————————————————————
K. M.
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 661
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
362 min
01-03
363 min
00-07
406 min
00-09
406 min
00-09
406 min
01-16
–––––
Total
35-01
–––––
–––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 207-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 Puneja to
Bhallara under PWD (R&B) situated in Village Bhallarah Tehsil Chiralla,
District Dada ;
Whereas, on the basis of an indent placed by Executive Engineer,
PWD (R&B), Division Bhaderwah, a notification under section 4 (1) was
issued by Collector, Land Acquisition (SDM), Thathri, vide letter No. SDM/
T/LAC/316-23 dated 12-10-2019 for land measuring 10 Kanals, 12 Marlas
in Village Bhallarah, Tehsil Chiralla, District Doda for construction of Puneja
to Bhallara under PWD (R&B) ;
Whereas, the Collector, Land Acquisition (SDM), Thathri, vide letter
No. SDM/T/LAC/400-01 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 ;
1
2
3
4
5
———————————————————————————————
K. M.
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
662
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. 542/LAC/D/19 dated 28-10-2019,
Divisional Commissioner, Jammu vide No. 502/3949/PWD/Bhallara/Doda/
19/2913 dated 27-11-2019 and Financial Commissioner, Revenue, J&K
Jammu vide No. FC-LS/LA-5189/2020 dated 11-05-2020 has been examined
and it has been found that the land owners did not file any objection to the
proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of road
from Puneja to Bhallara under PWD (R&B).
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
10 Kanals, 12 Marlas in Village Bhallarah, Tehsil Chiralla, District Doda for
construction of road from Puneja to Bhallara under PWD (R&B). Further,
the Collector, Land Acquisition (SDM), Thathri, is directed under section 7
of the said Act to take orders for acquisition of the said land after giving
prescribed notice to the interested person (s) as required under the Land
Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in
force, while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
______
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
———————————————————————————————
K. M.
Doda
Chiralla
Bhallara
02 min
01-02
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 663
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
02 min
01-10
01
00-12
02 min
02-00
19
00-15
22
01-04
21
01-03
10 min
00-19
35
01-09
36
00-18
37
00-18
–––––
Total
10-12
–––––
–––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 29-Rev (LAJ) of 2020
Dated 27-05-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of Mandrana to Shiva Dal
road under PWD (R&B) 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. 1338-46/Acq
dated 10-10-2019 for land measuring 71 Kanals, 13 Marlas in Village
Mohalla, Tehsil and District Doda, for construction of Mandrana to Shiva
Dal road under PWD ;
Whereas, the Collector, Land Acquisition (ACR), Doda, vide letter
No. 1673-78/ Acq dated 26-10-2019 has reported that the notification issued
1
2
3
4
5
———————————————————————————————
K. M.
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
664
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. 552/LAC/D/19 dated 28-10-2019,
Divisional Commissioner, Jammu vide No. 502/3953/PWD/Mohalla/Doda/
19/2903-04 dated 27-11-2019 and Financial Commissioner, Revenue, J&K
Jammu vide No. FC-LS/LA-5182/2020 dated 19-03-2020 has been examined
and it has been found that the land owners did not file any objection to the
proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of
Mandrana to Shiva Dal road under PWD.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
71 Kanals, 13 Marlas in Village Mohalla, Tehsil and District Doda, for
construction of Mandrana to Shiva Dal 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.
______
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 665
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
———————————————————————————————
K. M.
Doda
Mohalla
Mohalla
1449
01-02
1450
00-09
1459
00-08
1462
00-13
1463
01-03
1486
00-13
1482 min
00-05
1485
02-08
1512
00-15
1506
03-01
1537
01-15
1720/1505 min
00-09
1721/1505 min
00-16
1721/1595 min
02-00
1721/1505
00-16
1721/1505 min
00-09
1721/1505
00-19
1721/1505
00-08
1721/1505
00-11
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
666
1721/1505
01-11
1721/1505
02-11
1723/1566
01-06
1723/1566
00-16
1723/1566
01-04
1723/1566
03-03
1723/1566
00-05
1723/1566
00-19
1723/1566
04-17
1723/1566
01-10
1723/1566
00-05
1723/1566
02-13
1723/1566
01-00
1761/1567
01-17
1761/1567
01-13
1761/1567
03-01
1761/1567
00-03
1762/1567
00-14
1762/1567
01-09
1628 min
21-16
–––––
Total
71-13
–––––
______
1
2
3
4
5
———————————————————————————————
K. M.
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 667
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 221-Rev (LAJ) of 2020
Dated 26-06-2020.
Whereas, the land, specifications whereof are given below to this
notification is to be acquired for public purpose namely acquisition of
additional land for muck dumping yard at Village Khanikote (Adit T-13)
5.82 HA approx., Tehsil Arnas, District Reasi ;
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Reasi
Arnas
Khanikote
92
08-18
313/246/232/123
173-14
–––––
Total
182-12
–––––
Whereas, on the basis of an indent placed by Deputy Chief Engineer,
construction Northern Railway, Reasi, a notification under section 4 (1)
was issued by Collector, Land Acquisition (ADC) Reasi, vide letter
No. CLA/NR/ADC/Rsi/19-20/238-244 dated 02-10-2019 for land measuring
182 Kanals, 12 Marlas situated in Village Khanikote, Tehsil Arnas, District
Reasi for acquisition of additional land for muck dumping yard at Village
Khanikote (Adit T-13) 5.82 HA approx. ;
Whereas, the Collector, Land Acquisition (ADC), Reasi, vide letter
No. CLA/NR/ADC/RSl/19-20/872 dated 22-10-2019 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),
Reasi, vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Reasi, vide No. DC/Rsi/19-20/1560-65/SQ/SQ dated
04-11-2019 duly endorsed by Divisional Commissioner, Jammu vide
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
668
No. 502/4030/muck dumping yards/Reasi/19/3065 dated 21-12-2019 and
Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5169/
2020 dated 01-06-2020 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 acquisition of additional
land for muck dumping yard at Village Khanikote (Adit T-13) 5.82 HA
approx.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
182 Kanals, 12 Marlas situated in Village Khanikote, Tehsil Arnas, District
Reasi, for the land to be acquired namely acquisition of additional land for
muck dumping yard at Village Khanikote (Adit T-13) 5.82 HA approx.
Further, the Collector, Land Acquisition (ADC), Reasi is directed under
section 7 of the said Act to take orders for acquisition of the said land after
giving prescribed notice to the interested person (s) as required under the
Land Acquisition Act/Rules.
However, the Collector, concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
______
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 220-Rev (LAJ) of 2020
Dated 26-06-2020.
Whereas, the land, specifications whereof are are given below to this
notification is required for construction of High School, Gurinal situated in
Village Chhatroo, Tehsil Chhatroo, District Kishtwar ;
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 669
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Particulars of the land
District
Tehsil
Village
Kh. No.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Kishtwar
Chhatroo
Chhatroo
3507/2240
01-12
–––––
Total
01-12
–––––
Whereas, on the basis of an indent placed by Chief Education Officer,
Kishtwar, a notification under section 4 (1) was issued by Collector, Land
Acquisition (SDM), Chhatroo, vide letter No. SDMC/LA/74-79 dated
20-06-2018 for land measuring 01 Kanal, 12 Marlas situated in Village
Chhatroo, Tehsil Chhatroo, District Kishtwar for construction of High School
Gurinal ;
Whereas, the Collector, Land Acquisition (SDM), Chhatroo vide letter
No. SDMC/LAC/19/193 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),
Chhatroo vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Kishtwar, vide No. DCK/LA/2019/745-49 dated
22-10-2019, Divisional Commissioner, Jammu vide No. 502/3966/Acq/
H. S. Gurina/Kisht/19/2596 dated 29-10-2019 and Financial Commissioner,
Revenue, J&K Jammu vide No. FC-LS/LA-5165/2020 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 High
School, Gurinal.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
01 Kanal, 12 Marlas situated in Village Chhatroo, Tehsil Chhatroo, District
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
670
Kishtwar for construction of High School, Gurinal. Further, the Collector,
Land Acquisition (SDM), Chhatroo is directed under section 7 of the said
Act to take orders for acquisition of the said land after giving prescribed
notice to the interested person (s) as required under the Land Acquisition
Act/Rules.
However, the Collector, concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
______
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 219-Rev (LAJ) of 2020
Dated 26-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of High School, Dumber
situated in Village Chhatroo, Tehsil Chhatroo, District Kishtwar ;
Whereas, on the basis of an indent placed by Chief Education
Officer, Kishtwar, a notification under section 4 (1) was issued by Collector,
Land Acquisition (SDM), Chhatroo, vide letter No. SDMC/LA/177-83
dated 17-04-2018 for land measuring 02 Kanals, 05 Marlas in Village
Chhatroo, Tehsil Chhatroo, District Kishtwar for construction of High School,
Dumber ;
Whereas, the Collector, Land Acquisition (SDM), Chhatroo vide letter
No. SDMC/LAC/19/191 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/
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 671
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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/2019/750-54 dated
22-10-2019, Divisional Commissioner, Jammu vide No. 502/3867/Acq/
H. S. Dumber/Kisht /19/2593 dated 29-10-2019 and Financial Commissioner,
Revenue, J&K Jammu vide No. FC-LS/LA-5165/2020 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 High
School, Dumber.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
02 Kanals, 05 Marlas in Village Chhatroo, Tehsil Chhatroo, District Kishtwar,
for construction of High School, Dumber. Further, the Collector, Land
Acquisition (SDM), Chhatroo is directed under section 7 of the said Act to
take orders for acquisition of the said land after giving prescribed notice to
the interested person (s) as required under the Land Acquisition Act/rules ;
Further, in pursuance of section 17 of the Land Acquisition Act, Samvat
1990, it is also ordered that on expiry of fifteen days from the publication of
the notification under section 9 (2) of the said Act, the Collector will take
possession of the aforementioned land in Village Chhatroo, Tehsil Chhatroo
and District Kishtwar, required for public purposes, subject to fulfillment of
the conditions prescribed under section 9 (2) and section 17-A of the Land
Acquisition Act and Rule 63 of the Land Acquisition Rules.
However, the Collector, concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
672
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.
Kishtwar
Chhatroo
Chhatroo
860 Min
02-05
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Thu., the 4th March., 2021/13th Phal., 1942. [ No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
————
92 The J&K Official Gazette, 4th March., 2021/13th Phal, 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
Vol. 133] Jammu, Thu., the 4th March, 2021/13th Phal., 1942. [ No. 49
Separate paging is given to this part in order that it may be filed as a
separate compilation.
PART II—B
Notifications, Notices and Orders by the Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
STATE TAXES DEPARTMENT,
EXCISE AND TAXATION COMPLEX,
RAIL HEAD, PANAMA CHOWK, JAMMU.
Notification No. 86
In exercise of the powers conferred by sub-section (1) of section
44 of the Jammu and Kashmir Goods and Services Tax Act, 2017
(Act No. V 2017) (hereafter in this notification referred to as the
said Act), read with rule 80 of the Jammu and Kashmir Goods and
Services Tax Rules, 2017 (hereafter in this notification referred to as
the said rules), I, Commissioner, on the recommendations of the Council,
hereby extend the time limit for furnishing of the annual return specified
under section 44 of the said Act read with rule 80 of the said rules,
electronically through the common portal, for the fianancial year
2019-20 till 28-02-2021.
348 The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
This notification shall deemed to have been issued w. e. f. 30th
December, 2020.
(Sd.)
P. K. BHAT, KAS,
Commissioner State Taxes,
Jammu and Kashmir.
————
DIRECTORATE OF FIRE AND EMERGENCY SERVICES,
J&K UT, BATAMALLOO, SRINAGAR.
Subject :— Absconding and
resorting to unauthorized
absence
from duties by Shri Ajay Gupta, Fireman No. 453–Discharge
from the rolls of Fire and Emergency Services Department
thereof.
————
Order No. 717 (DGF&ES) of 2020
Dated 16-09-2020.
Whereas, Shri Ajay Gupta, Fireman No. 453 S/o Shri Bhagwan
Dass R/o House No. 78, Ward No. 11, Udhampur was appointed as
Fireman in the year 1998 by Directorate of J&K Fire Services vide
Order No. 321 of 1998 dated 15-09-1998 ;
Whereas, during his posting at Fire and Emergency Services
Headquarters, Gandhi Nagar, Jammu had proceeded one day casual
leave on 30-12-2015, and was due to report back for his duties on
31-12-2015 which he failed and resorted to unauthorizedly absence
w. e. f. 31-12-2015 ;
Whereas, as per the records, the said official was served attendance
notice time and again, whileas he failed to defend himself ;
Whereas, a detailed report/recommendations were received from
the joint Director, Fire and Emergency Services, Jammu even dated
03-05-2017 regarding unauthrized absence of Shir Ajay Gupta (Fireman),
which clearly indicates that he was not interested to serve in the
department, so is liable for discharge from the rolls of the department ;
Whereas, the said official again resumed his duties on his own
“Will” at Fire and Emergency Services Headquarters, Gandhi Nagar,
Jammu on 16-01-2018. Immediately after his joining he again remained
unauthorized absent from duties ;
Whereas, the said official was served a charge-sheet even dated
16-03-2018 and in response, the explanation tendered by Shri Ajay Gupta,
Fireman No. 453 seemed baseless and unacceptable.
No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 349
Consequent upon the above, in light of Article 128 of J&K CSR
Vol-I, Shri Ajay Gupta, Fireman No. 453 is hereby terminated from
the Govt. Services/rolls of the department, from the date he remained
on unauthorized absence from duty.
By order.
(Sd.)
MOHAMMAD YAQOOB DAR,
Administrative Officer,
Fire and Emergency Services,
Srinagar.
————
GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE OF INDUSTRIES AND COMMERCE
(REGISTRAR OF SOCIETIES/FIRMS, JAMMU),
UDYOG BHAWAN, RAIL HEAD COMPLEX, JAMMU.
Notice
It is notified for the information of General Public that “M/s Jan
Man Enterprises” located at 809/A, Gandhi Nagar, Jammu, J&K has
applied for recording changes in the constitution of their firm under
section 63 of “The Partnership Act, 1932”, whereby (1) Sh. Harnaam
Singh S/o Sh. Sadhu Singh R/o Gole Gujral, Near Matadoor Stand, has
expired on 12-12-2017 and his name is proposed to be deleted
w. e. f. 10-11-2020. Before the changes are recorded in the posting
register of the Registrar of Firms, Jammu any person/persons having
any objections shall file the same within 10 days from the date of
publication of this notice in the Office of Registrar of Societies/Firms,
Directorate of Industries and Commerce, Udyog Bhawan, Rail Head
Complex, Jammu.
(Sd.)
.............................
For Registrar of Firms,
J&K Government, Jammu.
————
GOVERNMENT OF JAMMU AND KASHMIR,
Ministry under Rehabilitation Office of Deputy Custodian, Evacuee
Property, Rajouri.
Notification
In the pursuance of section 06 read with section 9A of the Jammu
and Kashmir State Evacuees (Administration of Property) Act VI of
2006, the Deputy Custodian is pleased to notify for general information
350 The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49
the list of evacuees properties specified in the schedule annexed hereto,
which have vested in him.
Schedule
S. No.
Description
Location
—————————————————————————————
01
Four shops illegaly constructed over
Village Rajal,
the evacuee property land under the
Tehsil Nowshara,
Khasra No. 430 measuring 39*x10½*
District Rajouri.
under the illegal occupation of
Sh. Shokat Mohd S/o Faqir Mohd,
Sh. Nain Chand S/o Kahin Chand,
Sh. Jaswant Singh S/o Parveen Singh
and Sh. Haq Nawaz Khan S/o Mohd
Sadiq.
(Sd.) MOHAMMAD IQBAL HAJI,
Deputy Custodian,
Evacuee Property, Rajouri.
————
Notice
Date of Birth of my son has wrongly entered 20-01-2012 and
fathers name has entered Jaan Mohammad Rather whileas his actual
date of birth is 20-06-2012 and fathers correct name is John Mohammad
Rather. Now I have applied for corrections. Anybody having any
objection in this regard he may submit to Principal, G. D. Goneka Public
School, Srinagar within 07 days. No Objection will be entertained after
the said period.
It is certified that I have complied with other legal requirements
in this connection.
John Mohammad Rather
R/o Dara, Harwan.
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 4th March, 2021/13th Phal., 1942. [No. 49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C
———
POLICE HEADQUARTERS, JAMMU AND KASHMIR,
JAMMU
(Provision Section).
Extension Notice
Due to administrative reasons, the last of date for submission of
online bids and opening of Technical Bids aganist NIT No. 01 of 2021
dated 18-01-2021 floated by this Headquarters for supply/installation/
commissioning of Big Data Repository are re-scheduled as under :—
1. Last date of receipt of tenders = 01-03-2021 up to 1800 hours.
2. Date of opening of technical bids = 03-03-2021 at 1100 hours.
The other terms and conditions of the NIT shall remain the same.
(Sd.) RAYEES MOHAMMAD BHAT (IPS),
AIG (Provision and Transport)
For Director General of Police,
J&K, Jammu.
————
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JAMMU AND KASHMIR POLICE HEADQUARTERS
(Provision Section).
Clarification/Amendment Notice
In pursuance to receipt of queries from various intending bidders,
clarifications/amendments are hereby made as per Annexure “A-”
to e-NIT No. 51 of 2020 dated 19-11-2020 floated by this Headquarters
for the installation of CCTV Surveillance System at Raj Bhawan,
Srinagar. The intending firms may visit Government e-Tender website
https://jktenders.gov.in/tender id 2020_DGPJK_109603_1 for further
details.
(Sd.) SOURABH PRASHAR (JKPS),
Dy. SP (Provision-Transport)
For Director General of Police,
PHQ, J&K, Jammu.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—LABOUR AND EMPLOYMENT
DEPARTMENT
Notification
Jammu, the 18th of January, 2021.
SO-20.––In exercise of the powers conferred by Section 29 read
with Section 31 of The Indian Boilers Act, 1923, the Government of
Jammu and Kashmir hereby publish the following Rules for
inviting suggestions/objections from all persons likely to be effected
thereby ; and
Notice is hereby given that the draft rules shall be taken into
consideration after the expiry of the period of 30 days from the date
on which the copies of the Official Gazette in which this notification
is published are made to the public ; and
EXTRAORDINARY
REGD. NO. JK—33
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—
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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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Objections and suggestion, if any, may be addressed to
Administrative Secretary, L&E Department, Civil Secretariat,
Room No.......... Srinagar/Jammu on or by email at [email protected].
Any objections/suggestions received after the expiry of the said
period shall not be entertained.
CHAPTER I
Preliminary
1.
Short title and extent and commencement.—(1) These
rules may be called The Jammu & Kashmir Boiler Rules, 2021 ;
(2) They shall extend to the whole of the Union Territory of
Jammu & Kashmir ;
(3) They shall come into force with effect from the date of their
publication in the Official Gazette.
2.
Definitions.—In these rules, unless there is anything
repugnant in the subject or context,—
(a)
“Act” means The Indian Boilers Act, 1923 (Act V of 1923) ;
(b)
“Regulation” means a regulation framed by the Central Boiler
Board under section 28 of the Act ;
(c)
“Rule” means the Jammu & Kashmir Boiler Rules, 2020 ;
(d)
“Section” means section of the Indian Boilers Act, 1923 ;
(e)
“Appellate Authority” means an appellate authority prescribed
in rule 3 of the Boiler Appeal Rules, 2013 (Central Rules) ;
(f)
“Chief Inspector”, “Deputy Chief Inspector”, “Inspector”,
“Inspecting Authority”, “Competent Person”, “Competent
Authority”, “Owner” and “Prescribed” shall have the
respective meaning as assigned in the Act and the Indian
Boiler Regulations, 1950.
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Words and Expressions used herein and not defined in these rules
but defined in the Act and the Indian Boiler Regulations, 1950 shall
have the same meaning assigned to them in the Act/Regulations
respectively.
CHAPTER II
General
3.
Payment of fees.—(1) All fees payable under the Act or
any regulation or rule framed thereunder shall be deposited in a
Government Treasury or through online payment gateway in the Union
Territory of Jammu and Kashmir.
(2) An Application under sections 7 or 8 of the Act, to which the
receipt obtained on Payment of the prescribed fee is affixed, shall be
deemed to be accompanied by the prescribed fee. All fees, costs and
penalties levied under the Act shall be disposed of in such manner as
the Government of Jammu and Kashmir may from time to time notify.
4.
Appointment of Chief Inspector, Deputy Chief Inspector,
and Inspector.—The appointment of Chief Inspector, Deputy Chief
Inspector and Inspector of Boilers shall be regulated by The Chief
Inspectors, Deputy Chief Inspectors, and Inspectors, (Qualification and
Experience) Rules, 2012 issued by the Central Government :
Provided that the qualification and experience of a person already
working as a Chief Inspector, Deputy Chief Inspector or an Inspector
shall be governed by the existing recruitment rules in the Union territory
of Jammu and Kashmir.
5.
Location of Offices.—The location of the office
headquarter/s shall be as follows :—
S. No. Area
Location
Officer-in-charge
————————————————————————————
1.
Jammu
Mechanical
Chief Inspector
Province
Engineering
Department,
Jammu
2.
Kashmir
Mechanical
Chief Inspector
Province
Engineering
Department,
Kashmir
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CHAPTER III
Duties of the Chief Inspector
6.
General Control.—The Chief Inspector shall be vested with
all the powers of a Deputy Chief Inspector and Inspector under the
Act. His main duty, however, shall be supervising and controlling the
work of Deputy Chief Inspectors and Inspectors, and he shall actually
inspect or examine boilers, steam pipes or scantlings in exceptional
cases, or where he considers that the work of a Deputy Chief Inspector
or Inspector or Competent Person requires a personal check.
7. Specific Duties of Chief Inspector.—(1) The Chief Inspector
shall.—
(a) personally check the registration particulars and measurements
of all boilers inspected for registration as prescribed in
Chapter IX of the Regulations and enter under his own signature
the approved working pressure and all orders required by section
7 of the Act ;
Note :—He may, however, authorize a Deputy Chief
Inspector to undertake the above work and to
make his recommendations in this behalf, to the
Chief Inspector.
(b) enter under his own signature any subsequent entries
required in the registration book ;
(c) obtain from the registry, registration book of any boiler the
transfer of which is reported under section 6(b) of the
Act ;
Note :—He may, however, authorize Deputy Chief
Inspector/Inspector to undertake the above
work.
(d) pass orders in all cases in which an Inspector or Deputy
Chief Inspector proposes to increase or reduce the pressure
allowed for any boiler or to revoke, cancel or refuse to
renew the certificate of boiler under section 11, or to order
important repairs, structural alterations, or renewals in a
boiler ;
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(e) decide all appeals as against the orders of Deputy Chief
Inspector and Inspector under section 19 ;
(f) sanction prosecutions under the Act ;
(g) enquire into serious accidents to boilers.
Note :—He may, however, authorize a Deputy Chief
Inspector to inquire into such accidents who shall
report in writing to the Chief Inspector the results
of his inquiry.
(h) approve the budget estimates for carrying out the purposes
of the Act as drawn up by Deputy Chief Inspector of
Boilers ;
(i) approve all plans and drawings for boilers and steam pipes
and advise boiler owners or makers regarding the
requirements of the Indian Boiler Regulations, 1950, on the
design, material and construction for boilers to be installed
or manufactured in the Union territory of Jammu and
Kashmir.
Note :—He may, however, authorize a Deputy Chief
Inspector to undertake the above work and to
make his recommendations in this behalf, to the
Chief Inspector.
(2) As an Inspecting Authority, the Chief Inspector shall—
(a) approve all drawings and plans for construction of boilers
or parts thereof submitted under Regulations 393 or 395 ;
(b) supervise and control the work of all Competent Persons
in the construction of boilers, parts thereof, steam receivers,
separators, and other like equipments ;
(c) issue certificates in Forms II and III-A and countersign
certificates in Form III of the Regulations for boilers, parts
thereof, steam-pipes, steam receivers, separators, and other
like equipments ;
(e) advise the makers of boilers or of parts thereof or of steam
receivers, separators and other like equipments with regard
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to the provisions of the Regulations so far as they relate to
their design and constructional features ;
(f) supervise and control the working of any testing laboratory
set up for the testing and examination of boilers or parts
thereof under construction ;
(g) examine and approve all reports, regarding examination of
boilers, parts thereof under construction in stages as
enumerated in Appendix ‘J’ of the Regulations.
8. Instructions to owners.—It shall be the duty of the Chief
Inspector to advise owners regarding the maintenance, working and
cleaning of boilers. He shall issue a set of instructions on the lines
indicated in Form C appended to these rules and these instructions
should be hung up in each boilers house.
9.
Registers to be kept.—(1) The Chief Inspector shall keep
in his office,—
(a) a register in Form-A I of all boilers registered in the Union
territory of Jammu and Kashmir, or the registry of which
has been transferred from another State/UT ;
(b) the registration book and memorandum of Inspection book
of all boilers borne on his register ;
(c) a register of appeals ;
(d) a register of accidents ;
(e) a register of registration and inspection fees received.
(2) As an Inspecting Authority, the Chief Inspector shall keep in
his office.—
(a) a register in Form-A II of boilers and scantlings
manufactured in Union territory of Jammu and Kashmir ;
(b) a register of all tests carried out to test specimens against
the boilers under manufacture ;
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(c) a register of radiographic and non-destructive examination
carried out with the result thereof against each boiler of
welded construction under manufacture ;
(d) a register of drawings and plans of boilers approved ;
(e) a register of examination fees received in connection with
construction of boilers, steam pipes or parts thereof ;
(f) a schedule of stage examination of boilers or parts thereof
in accordance with the provisions laid down under
Appendix ‘J’ of the Regulations.
10.
Control of bills.—The Chief Inspector shall be the
controlling or countersigning authority in respect of all contingent bills
and of travelling allowance bills of officers subordinate to him.
11.
Establishment under the Chief Inspector of Boilers.—
The Chief Inspector shall from time to time prepare and submit for the
sanction of the Government of Jammu and Kashmir a Schedule of the
establishment and salaries which he considers necessary for carrying
out the purposes of the Act.
CHAPTER IV
Duties of deputy chief inspectors
12.
Subordinate to Chief Inspector.—The Deputy Chief
Inspectors shall be directly subordinate to and under the control of the
Chief Inspector. They shall be vested with all the powers of Inspectors
under the Act. Their main duties shall be to scrutinize the work of
Inspectors and other Competent Persons in the matter of inspection,
examination and certification of boilers, steam pipes, scantlings and
economisers and to make their observations available to the Chief
Inspector, where necessary. They shall also carry out normal inspection
work to such extent as may be considered necessary by the Chief
Inspector of Boilers.
13.
General duties.—The Deputy Chief Inspector shall,—
(a) obtain the Memorandum of Inspection or Registration Book
of a boiler which has been registered in another State/
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Union territory and the subsequent transfer of which to this
Union territory is reported under section 6(c) when so
directed by the Chief Inspector (See Regulation 388) ;
(b) pass orders in all cases for which it is reported that after
due notice the boiler has not been properly prepared for
inspection ;
(c) examine and countersign the Inspector’s Memorandum of
Inspection book of each boiler after each inspection ;
(d) prepare the budget estimates for carrying out the purposes
of the Act ;
(e) dispose of all leave applications of the non-gazetted staff ;
(f) when authorized by the Chief Inspector, enquire into serious
accidents to boilers within his jurisdiction and report in
writing to the Chief Inspector the results of the inquiry ;
(g) when authorized by the Chief Inspector, check all plans
and drawings for boilers, steam pipes and economisers ;
(h) check and examine certificates in Forms III, III-A and
III-B and extracts of Form IV as required under the
regulations and submit these documents to the Chief
Inspector of Boilers within fortnight of their receipt from
makers ;
(i) generally assist the Chief Inspector in the administration of
the Act ;
(j) may from time to time, examine boilers in commission to
ascertain if they are being operated in conformity with the
terms and conditions specified in the certificate and advise
owners on the safety in operation, good maintenance and
periodic cleaning of boilers and feed water treatment.
CHAPTER V
Duties of inspectors
14.
Subordinate to Chief Inspector.—The Inspectors shall
be directly subordinate to and under the control of the Chief Inspector.
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They shall ordinarily be appointed to take charge of specific areas.
The main duties of Inspectors shall be the inspection and examination
of boilers, steam-pipes and economisers. Inspections shall be carried
out strictly in accordance with these rules and Chapter IX of the
Regulations.
15.
Inspectors to see that boilers are worked according
to law.—In addition to the inspection and examination of boilers, it is
the duty of Inspectors to search for unregistered or uncertified boilers
within their areas, and to see that certificated boilers are working in
accordance with the terms of their certificates. The Inspector shall
submit a report on such visits to the Chief Inspector.
16.
Inspectors to advise owners.—At the time of inspection,
Inspectors should advice the owner and the person in-charge of the
boiler of the management and upkeep of the boiler with special reference
to the amount of cleaning required in view of the quality of water use.
17.
Specific duties.—(1) The Inspector shall,—
(a) maintain a Memorandum of Inspection Book for each
boiler under their charge and submit it to the Deputy
Chief Inspector for examination and counter signature
after each inspection ;
(b) receive applications for registration or inspection under
section 7 or 8, proposals or repairs, alterations, or
renewals to boiler components under sections 12 and
13, and reports of accidents under section 18 ;
(c) enquire into accidents to boilers and steam-pipes and
report to the Chief Inspector or Deputy Chief Inspector ;
(d) report to the Chief Inspector cases of unreported
accidents discovered at the time of inspection ;
(e) submit for the orders of the Chief Inspector—
(i) memorandum of Inspection Books of all boilers
proposed for registration ;
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(ii) proposals for increasing or decreasing the pressure
of a boiler after inspection ;
(iii) proposals for necessary repairs, structural alteration
or renewals to a boiler ;
(iv) proposals for refusing to renew a certificate under
section 8 or revoking a certificate or provisional
order ;
(v) report when boilers have not been properly prepared
for inspection ;
(vi) proposals for prosecutions under the Act.
(2) As a Competent Person, the Inspector shall,—
(a) prepare a programme of stage examination with regard to
the convenience of the makers generally and submit it to
the Inspecting Authority for approval at such periods as
he may fix ;
(b) maintain a schedule of such examination of boilers or parts
thereof in Form-D (See Appendix ‘J’ of the Regulations) ;
(c) maintain a diary of examinations carried out for monthly
submission to the Inspecting Authority, showing places
visited, boilers or parts thereof examined and any other
important matter ;
(e) submit to the Inspecting Authority, reports in Form E on the
results of the examinations carried out on boilers or parts
thereof in accordance with the standards laid down in the
regulations and with particular reference to variations
therefrom ;
(f) report the results of tests carried out to materials or scantlings
in his presence ;
(g) maintain a record of all tests-both destructive and non-
destructive-carried out by him or under his supervision ;
(h) when radiographic examinations are carried out to boilers or
parts thereof give his opinion in writing to the Inspecting
Authority with regard to the acceptability or otherwise of
the parts examined in Form-E.
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18.
Inspection at special times.—No examination of boiler
shall be made by an Inspector for the purpose of registering or issuing
a certificate for a boiler or of steam feed and blow off pipes under
fabrication, or of boiler mountings and fittings under manufacture or
of a boiler or its component under fabrication on a Sunday or gazetted
Public holiday or between the hours of sunset and sunrise without the
specific orders of the Chief Inspector in each case.
19.
Attendance during hearing of appeals.—Under orders
of the Chief Inspector, the Deputy Chief Inspectors and/or Inspectors
shall attend the hearing of appeals with regard to boilers under their
charge before the Chief Inspector or the Appellate Authority.
20.
Registers to be kept.—Every Inspector in charge of an
office shall keep—
(a) a register in Form-A of all registered boilers situated within
his jurisdiction ;
(b) a register of accidents ;
(c) a register of registrations and inspection fees received.
CHAPTER VI
Administrative Instructions for Registration
21.
Importance of registration.—Technical regulations for the
registration of boilers and the scale of fees for registration are
prescribed in Chapter IX of the Regulations. The details of
measurement recorded at the time of registration constitute a permanent
record for the boiler and determine the original pressure at which the
boiler is allowed to work. It is accordingly essential that the work
should be done with the greatest care and precision.
22.
Receipt of applications.—Applications for registration shall
be made under section 7(1) of the Act to the office of the Chief
Inspector where the boiler is located and shall be accompanied by a
receipt of fee, specified in Chapter IX. No application shall be accepted
without the receipt. No boiler shall be registered if on measurement
the fee is found to be deficient, until the deficit has been paid. Any
excess payment will be refunded as per Rule 50 of these rules.
23.
Necessity of avoiding delay.—It is essential that no delay
should occur in registration. The measurements required for registration
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under section 7(3) should ordinarily be completed and the report
submitted to the Chief’ Inspector within 15 days of the receipt of the
application complete in all respects ; in no case should the interval
exceed 30 days. The Chief Inspector should issue his orders under
section 7(4) without delay.
24.
Register of registered boilers.—The Chief Inspector shall
maintain a Register of Registered boilers in serial order in Form A in
two parts ; in Part I (boilers originally registered in Jammu and
Kashmir) the registered number of a boiler shall be the one immediately
following the last serial number in the Register. Gap number due to
boilers being broken up or transferred to other Union territories’/
States shall not be filled up. In Part II (boilers originally registered in
other Union territories /states) entries shall be made as per rule 26 of
these rules.
25.
Procedure on transfer of a boiler.—(1) Whenever a boiler
is transferred from another State/UT’s into Union territory Jammu
and Kashmir the owner shall, under section 6(b) of the Act, apply to
the Chief Inspector for the registration of the transfer ; the boiler
cannot be used until registration has been effected. The Chief Inspector
shall then obtain from the State/UT from which the boiler was
transferred, the registration book and memorandum of Inspection book
of the boiler before the boiler is permitted to be used.
(2) Whenever any registered boiler is transferred, the transferee
shall give an intimation of the transfer to the Chief Inspector within
15 days from the date on which the transfer takes effect and no fee
shall be charged for recording an entry regarding such transfer in the
Register of registered boilers.
26.
Entry of transferred boiler in Register.—On receipt of
the Registration and Memorandum of Inspection Books, the Chief
Inspector shall enter the boiler under its original number in Part II of
his Register, and shall instruct Inspector of the local area in which the
boiler is situated to enter it similarly in his Register. The Registration
book and Memorandum of Inspection Book shall be kept in the Chief
Inspector’s office.
27.
Note of transferred and dismantled boilers.—Whenever
a boiler has been transferred to another State/UT or broken up, the
fact shall be noted in the Register. In the case of a boiler that has
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been permanently dismantled, the Registration Book and the
Memorandum of inspection book shall be destroyed.
CHAPTER VII
Administrative Instructions for Inspection
28.
Procedure at Inspection, Internal Inspection.—The
Detailed instructions for the inspection of boilers are contained in
Chapter IX of the Regulations. However, the following general
procedure at inspection should be observed :—
At a thorough inspection of a boiler, the Inspector should, wherever
the size and Construction of the boiler permit, go inside it and
make a thorough inspection of all its internal parts. But before
doing so he should satisfy himself that proper provision has been
made for disconnection from any other boiler under steam.
Should he find that proper provision for disconnection has not
been made or that the boiler has not been properly cleaned or
scaled or that it is unreasonably hot he should decline to proceed
with the inspection and should report the facts to the Chief
Inspector for orders under section 14(2).
When a boiler is of such a size or its construction is such that the
Inspector cannot go inside it there must be sufficient sight holes
or hand holes provided enable him to see the principal internal
parts. If any important part of a boiler is so constructed that the
Inspector cannot examine it, he should report that facts to the
Chief Inspector for orders.
29.
External inspection.—Boilers must be examined externally
as well as internally ; particular attention should be paid to the external
parts of the boilers, wherein contact with seating blocks and brick
work, especially when the situation is damp. Having regard to any
serious defects discovered, Inspectors should take care, in order to
ensure proper inspection, that boilers, of which the whole of the
outside cannot be readily examined, are cleaned whenever they
consider it necessary of any concealing covering, supports or fittings.
Saddle tanks and engine fittings of locomotive type boilers should be
removed for inspection of the parts underneath at the first inspection
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and at any reasonable period afterwards if the Inspector cannot satisfy
himself. If the Owners in any special case have any good reasons for
not wishing to clear covered parts, the case should be submitted to the
Chief Inspector for orders. The Inspector must keep in mind that he
is not to certify as efficient any boiler regarding the condition of which
he cannot thoroughly satisfy himself.
30.
Inspection of a battery of boilers.—At the inspection of
one boiler of a battery of boilers, the Inspector should take the
opportunity of examining the other boilers under steam with special
reference to the water gauges, pressure gauges, safety valves and
steam piping.
31.
Proposals for reduction of pressure.—When the Inspector
decides that a boiler in one or more of its parts is no longer fit for the
pressure approved for it, he should, without delay, report his proposals
for reducing the pressure to the Chief Inspector and at the same time
submit this calculations for the wasted parts for check and approval
of pressure. With regard to fitting and wasting of shell plates, the
Inspector must bear in mind that shell plates ordinarily are considerably
stronger in the body of the plate, owing to being unpierced, that at the
seams and consequently may become reduced in thickness to an
appreciable extent in the body of the plate i.e., elsewhere than at the
seams and still be stronger than the seam.
32.
Repairs to boilers.—Under section 12 of the Act, the
sanction of the Chief Inspector to all repairs proposed for boilers must
be obtained before hand.
A few water tubes or smoke tubes, however, may in an emergency
be renewed pending the sanction of the Chief Inspector but all such
cases must be reported immediately to the Chief Inspector who may,
if he deems fit, notify his sanction to the owner without verification
of the renewals by the Inspector.
Generally in repairing boilers the object to be obtained is to make
up for damage or wastage by suitable compensation, either by renewal
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or repair of the part affected. Covering patches applied with the
object of hiding defects are a source of danger and must not be
passed. Welding by electric and oxy-acetylene processes may be
employed in the repairs of boilers, but, as the efficiency of the welding
depends largely on the skill and care of the operator each case will
have to be decided on its merits.
Proper attention must be paid to the annealing of welded parts.
The Inspector should, wherever possible, be present during some part
at least, of the welding operations.
Extensive repairs such as renewal of furnaces, and plates, parts
of shell fire-boxes, girders, etc., should be supervised, so far as other
duties permit, by the Inspector and at such time when fire-boxes and
smoke tubes of locomotive-type boilers are withdrawn, advantage of
the opportunity should be taken to inspect the internal parts otherwise
inaccessible to close inspection.
Repairs to boilers are prescribed in Chapter IX, Regulation 392
of the Regulation.
33.
Entries in memorandum of inspection books.—The
Inspector shall, as soon as convenient after an inspection, make the
necessary entries in the Memorandum of Inspection Book for the
boiler and submit the book to the Chief Inspector. Care should be
taken to preserve the books and to keep them clean. Inspection notes
should be taken to preserve the books and to keep them clean.
Inspection notes should briefly state to what extent boilers were cleared
of brick-work. Lagging or concealing parts ; the general condition of
the boiler ; parts requiring attention of repair and if special preparation
is required at the next inspection.
[Inspectors should also note, in the Memorandum of Inspection
books all casual visits, inspections of steam pipes, visits for inspection
of repairs, inquiry into accidents, etc., and so provide a useful record
of the history for the boiler of the information and guidance of
Inspectors at subsequent inspections].
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In making inspections it is important that the Inspector should pay
particular attention to entries make in the memorandum of Inspection
book at previous inspection.
34.
Entries in certificates.—In addition to the entries required
to be made under Regulation-389 in a certificate for a boiler, the
Inspector should state in the remarks column his requirements, if any,
with regard to hydraulic test, removal of lagging, brick-work or other
concealing part for the next inspection to enable the owner to have the
same properly prepared at that time. He should also state in the same
place his requirements regarding the repair or renewal of any part that
may be considered fit only for the period of the certificate.
In the repairs column should be entered the year of repairs and
description of repairs effected. Only important repairs should be noted.
His remarks should be brief. In the absence of remarks on the
condition of boiler, the boiler will be considered to be in good condition.
35.
Engraving of registry number.—Paper slips of the proper
size bearing the registry number allotted for a boiler will be supplied
by the Chief Inspector. The slip should be pasted on the part of the
boiler pointed out by the Inspector and the device traced through with
a cutting tool. The engraving should then be completed by the removal
to the prescribed depth of the metal between the traced lines.
36.
Arranging for inspections.—In arranging for inspection
particular attention should be paid to the provisions of rule 17. The
notice required by sections 7 and 8 shall be sent in Form B. If a
hydraulic test is necessary in addition to the ordinary inspection, ample
notice must be given to the owner.
37.
Issue of certificates and provisional orders.—(1) All
certificates shall be issued after being countersigned by the Chief
Inspector.
(2)
A provisional order shall be issued in each case of registration
after the hydraulic test of boiler and inspection of steam pipes and
feed pipes connected to the boiler upon the certificate of the Inspector.
The steam test may be taken at any convenient time within the period
of the provisional order, after which, if the test is satisfactory, the
certificate under section 7 shall be issued.
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(3) A provisional order shall also be issued after each completed
inspection for renewal of certificates so as to give authority for the
use of the boiler pending the issue of certificate under section 8.
Where he proposes to issue a provisional order, the Inspector must
satisfy himself that the boiler is fit to be worked at the maximum
pressure and for the period entered in the provisional order. The fact
of issue of a provisional order must be reported immediately to the
Chief Inspector.
(4) The period specified in any certificate or provisional order
shall begin on the day on which the completed hydraulic test and
thorough inspection of boiler or inspection of steam and feed pipes is
made.
38.
Provisional orders to be issued after hydraulic test.—
Provisional order should be issued in every case of registration after
hydraulic test of boiler if the Inspector is satisfied. The steam test
may be witnessed at any convenient time within the period of the
provisional order after which if test is satisfactory, the certificate under
section 7(6) is to be issued.
39.
Forms of provisional orders and certificates.—
Provisional orders and certificates are prescribed in Forms V and VI,
respectively of the Regulations but no such certificate or Provisional
order authorizing the use of a boiler shall be issued unless and until
the owner of boiler or agent thereof engages a qualified boiler attendant
and gets his number registered with the Inspector.
40.
Duplicate certificates.—A duplicate of any certificate
granted under section 7 or 8 which is at the time in force shall be
granted by the Chief Inspector on the application of the owner of the
boiler if the Chief Inspector is satisfied that the duplicate is required
for a bona fide purpose and the fee prescribed under Rule 48 is paid.
CHAPTER VIII
Administrative instructions for examination of boilers, Parts
thereof, steam receivers, separators etc. by a Competent
person
41.
Procedure at Inspection.—
(a) The Competent Person shall carry out the examination of
boilers, parts thereof, steam receivers, separators etc. in
accordance with the detailed instructions and specifications
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as laid down in the Regulations. Previous to an
examination he shall go through the remarks made in
Form-D appended to these rules.
(b) While examining materials he shall verify the acceptability
of the materials from original test reports from steel makers
in accordance with the requirements of the Regulations
before stamping these materials.
(c) When steel makers certificates in Form IV of the
Regulations issued by well known steel makers or a
recognised Inspecting Authority are available the materials
may be stamped by him for use in the construction of
boilers provided they are found to be in sound condition.
(d) When materials used in construction of boilers or parts
thereof are offered for tests, he shall record the test
results in Form-F.
(e) After each stage examination of a boiler or parts thereof,
or of steam receivers, separators etc. he shall advise the
makers on the spot to proceed on to the next stage in
their construction provided he is satisfied that the standard
of construction does not fall short of the requirements of
the Regulations.
(f) In cases where he finds the standard to fall short of
requirements of the Regulations, his findings shall be
reported to the Inspecting Authority immediately.
(g) When radiographic examinations are carried out to parts
which require such examination under the Regulations,
the Competent Person in charge of radiographic
examination shall personally check up the identification of
the film exposed, to the part under examination and record
these in his diary and also Form-G.
(h) He shall also maintain a record in Form-G of all
rectifications and repairs carried out by the manufacturer
to welded seams after radiographic examinations (see
Regulation 266).
(i) On completion of a construction of a boiler, parts thereof,
steam receivers or separators etc., he shall check up all
details and enter particulars in Forms II, III, III-A
or III-B of the Regulations before the signature or
counter-signature by the Inspecting Authority.
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CHAPTER IX
Fees
42. Fees for approval of and renewal.—The fees for the approval
of following firms and renewal of its approval shall be calculated on
the basis of rates levied in accordance with the following scale,
namely :—
S. No.
Firm Type
Amount
—————————————————————————————
1
2
3
—————————————————————————————
(a)
(i)
For Approval of Firm for Pipe Fabrication
Rs. 5000/-
(ii)
For Renewal of Approval as Pipe
Fabrication Firm.
Rs. 5000/-
(b)
(i)
For Approval of Firm as Boiler Repairer Firm.
Special Class Repairer
Rs. 15000/-
Class I Repairer
Rs. 10000/-
Class II Repairer
Rs. 5000/-
Class III Repairer
Rs. 2500/-
(ii)
For Renewal of Approval as Boiler Repairer
Firm.
Special Class Repairer
Rs. 7500/-
Class I Repairer
Rs. 5000/-
Class II Repairer
Rs. 2500/-
Class III Repairer
Rs. 1250/-
(c)
(i)
For Approval of Firms for Manufacture
Rs. 20000/-
of Boilers. Economizers, Pipes, Tubes,
Pressure Vessels & Heat Exchangers.
(ii)
For Renewal of Approval of Firms for
Rs. 10000/-
Manufacture of Boilers, Economizers, Pipes,
Tubes, Pressure Vessels & Heat Exchangers.
(d)
(i)
For Approval of Firms for Manufacture of
Rs. 5000/-
Castings, Forgings, Valves, Cast, Forged
& Plate flanges and such other fittings.
(ii)
For Renewal of Approval of Firms for
3000/-
Manufacture of Castings, Forgings, Valves,
Cast, Forged & Plate flanges and such other
fittings.
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(e)
(i)
For Approval of Materials Testing Laboratory.
RS. 5000/-
(ii)
For Renewal of Approval of Materials Testing
Rs. 3000/-
Laboratory .
(f)
(i)
For Approval of Firm for Manufacture of Welding
Rs. 5000/-
Electrode.
(ii)
For Renewal of Approval of Firm for Manufacture
Rs. 3000/-
of Welding Electrode.
The approval of a firm as a repairer, fabricator or manufacturer shall
be for a period of two years. Thereafter, the firm shall apply for renewal of
its recognition atleast two months before the expiry of the said period.
43.
Fees for registration and renewal.—(1) Fees for registration
and first inspection of boilers shall be levied in accordance with the following
scales, that is to say :—
For Small Industrial Boilers as per Chapter XIV of
Rs. 1200/-
Regulations.
For boiler rating not exceeding 10 sq. metres.
Rs. 1800/-
For boiler rating exceeding 10 sq. metres but not exceeding
Rs. 2400/-
30 sq. metres.
For boiler rating exceeding 30 sq. metres but not exceeding
Rs. 2700/-
50 sq. metres.
For boiler rating exceeding 50 sq. metres but not exceeding
Rs. 3300/-
70 sq. metres.
For boiler rating exceeding 70 sq. metres but not exceeding
Rs. 3900/-
90 sq. metres.
For boiler rating exceeding 90 sq. metres but not exceeding
Rs. 4500/-
110 sq. metres.
For boiler rating exceeding 110 sq. metres but not
exceeding 200 sq. metres.
Rs. 5100/-
For boiler rating exceeding 200 sq. metres but not
Rs. 5700/-
exceeding 400 sq. metres.
1
2
3
—————————————————————————————
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For boiler rating exceeding 400 sq. metres but not exceeding
Rs. 6600/-
600 sq. metres.
For boiler rating exceeding 600 sq. metres but not exceeding
Rs. 7200/-
800 sq. metres.
For boiler rating exceeding 800 sq. metres but not exceeding
Rs. 8100/-
1000 sq. metres.
For boiler rating exceeding 1000 sq. metres but not exceeding
Rs. 9600/-
1200 sq. metres.
For boiler rating exceeding 1200 sq. metres but not exceeding
Rs. 10800/-
1400 sq. metres.
For boiler rating exceeding 1400 sq. metres but not exceeding
Rs. 12600/-
1600 sq. metres.
For boiler rating exceeding 1600 sq. metres but not exceeding
Rs. 13500/-
1800 sq. metres.
For boiler rating exceeding 1800 sq. metres but not exceeding
Rs. 15000/-
2000 sq. metres.
For boiler rating exceeding 2000 sq. metres but not exceeding
Rs. 16200/-
2200 sq. metres.
For boiler rating exceeding 2200 sq. metres but not exceeding
Rs. 18000/-
2400 sq. metres.
For boiler rating exceeding 2400 sq. metres but not exceeding
Rs. 18900/-
2600 sq. metres.
For boiler rating exceeding 2600 sq. metres but not exceeding
Rs. 20400/-
2800 sq. metres.
Forboiler rating exceeding 2800 sq. metres but not exceeding
Rs. 21600/-
3000 sq. metres.
For the boiler rating exceeding 3000 sq. meters, an additional fee of
Rs. 600/- for every additional 200 sq. metres or part there of shall be charged.
(2) The fees for boilers under construction/modification at site—
(i) The inspection fee for boiler under manufacture at the works
of manufacturer shall be charged at four times the inspection
fee prescribed in clause (3).
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(ii) The inspection fee for the boiler under construction/modification
at site shall be charged at four times the inspection fee
prescribed in clause (3).
(3) Fees for Inspection/Renewal.—Fees for inspection for renewal
of certificate of boilers shall be calculated on the basis of rating and shall
be levied in accordance with the following scale, that is to say :—
For Small Industrial Boilers as per Chapter XIV of Regulations Rs. 1000/-
For boiler rating not exceeding 10 sq. metres.
Rs. 1600/-
F or boiler rating exceeding 10 sq. metres but not exceeding
Rs. 2100/-
30 sq. metres.
For boiler rating exceeding 30 sq. metres but not exceeding
Rs. 2400/-
50 sq. metres.
For boiler rating exceeding 50 sq. metres but not exceeding
Rs. 2700/-
70 sq. metres.
For boiler rating exceeding 70 sq. metres but not exceeding
Rs. 3400/-
90 sq. metres.
For boiler rating exceeding 90 sq. metres but not exceeding
Rs. 4000/-
110 sq. metres.
For boiler rating exceeding 110 sq. metres but not exceeding
Rs. 4500/-
200 sq. metres.
For boiler rating exceeding 200 sq. metres but not exceeding
Rs. 5000/-
400 sq. metres.
For boiler rating exceeding 400 sq. metres but not exceeding
Rs. 5800/-
600 sq. metres.
For boiler rating exceeding 600 sq. metres but not exceeding
Rs. 6300/-
800 sq. metres.
For boiler rating exceeding 800 sq. metres but not exceeding
Rs.7100/-
1000 sq. metres.
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For boiler rating exceeding 1000 sq. metres but not exceeding
Rs. 8400/-
1200 sq. metres.
For boiler rating exceeding 1200 sq. metres but not exceeding
Rs. 9500/-
1400 sq. metres.
For boiler rating exceeding 1400 sq. metres but not exceeding
Rs. 11100/-
1600 sq. metres.
For boiler rating exceeding 1600 sq. metres but not exceeding
Rs. 11900/-
1800 sq. metres.
For boiler rating exceeding 1800 sq. metres but not exceeding
Rs. 13200/-
2000 sq. metres.
For boiler rating exceeding 2000 sq. metres but not exceeding
Rs. 14300/-
2200 sq. metres.
For boiler rating exceeding 2200 sq. metres but not exceeding
Rs. 15800/-
2400 sq. metres.
For boiler rating exceeding 2400 sq. metres but not exceeding
R s. 16600/-
2600 sq. metres.
For boiler rating exceeding 2600 sq. metres but not exceeding
Rs. 18000/-
2800 sq. metres.
For boiler rating exceeding 2800 sq. metres but not exceeding
Rs. 19000/-
3000 sq. metres.
For the boiler rating exceeding 3000 square meters, an additional fee
of Rs.500/- for every additional 200 sq. metres or part there of shall be
charged :
Provided that where any owner is willing to accept a renewed
certificate for less than twelve months in order to approximate the date of
annual inspection to the date on which other boilers in the locality are
inspected, a certificate for such period less than twelve months, as may be
necessary for such approximation of dates may be granted on payment of
half of the applicable fee.
(4) Fees for testing of Pressure Gauges.—A fee of Rs. 250/-
shall be charged for testing and certification of pressure Gauge with dial of
not more than 150 mm and Rs. 500/- for exceeding 150 mm dial.
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(5) Fees for inspection of pipes.—The fees for inspection of pipes
shall be charged in accordance with the following scales :—
(a) For fabricated pipes of nominal bore not exceeding 100 mm
inclusive of all fittings; except fittings like steam separator, de-
super heater, steam receiver, feed water heater and separately
fired super heater shall be Rs. 500/- for 30 metres or part
thereof.
(b) For fabricated pipes of nominal bore exceeding 100 mm inclusive
of all fittings except fitting like steam separator, de-super heater,
steam receiver, feed water heater and separately fired super
heater shall be Rs. 1200/- for 30 metres or part thereof.
(c) Fee for inspection of fabricated fittings like steam separator,
de-super heater, steam receiver, blow down tank, separately
fired super heater and pressure reducing station during
installation shall be charged at Rs. 2500/- per fitting.
(6) Fees for inspection of boiler tubes shall be Rs. 360 per metric
tonne or part thereof.
(7) Fees for inspection of valves shall be charged as under :—
(a) Upto and including 25 mm.
Rs. 20/- per piece
(b) Over 25 mm and upto and including
Rs. 60/- per piece
100 mm
(c) Over 100 mm and upto and including
Rs. 400/- per piece
100 mm.
(d) Over 250 mm.
Rs. 1000/- per piece
(8) Fees for inspection of flanges shall be charged as under—
(i) for forged and cast flanges,—
(a) Upto and including 25 mm for a batch
Rs. 300/-
of 50 or part thereof.
(b) Upto and including 25 mm for a batch of
Rs. 520/-
100 or part thereof.
(c) Over 25 mm upto and including 50 mm for
Rs. 580/-
a batch of 50 or part thereof.
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(d) Over 50 mm upto and including 100 mm for Rs. 580/-
part a batch of 25 or thereof.
(e) Over 100 mm upto and including 250 mm
Rs. 620/-
10 or for a batch of part thereof.
(f) Over 250 mm for a batch of 5 or part thereof. Rs. 720/-
(ii) Fees for inspection of plate flanges shall be charged at half the
rates as specified in clause (9) (i) above.
(9) Fees for inspection of fittings.—
(a) Fees for inspection of forged pipe fittings shall be charged at
the rates specified under clause (9) for forged and cast flanges ;
(b) Fees for inspection of pipe fittings other than forged pipe fittings
shall be charged at the rate two times as specified under
clause (9) for forged and cast flanges.
(10) Fees for inspection of feed water heaters.—
(a) Fees for inspection of feed water heaters shall be charged at
Rs. 10,000/- per heater.
(11) Inspection fees for all types of coils, namely, economizer
coils, superheater coils, reheater coils.—The inspection fees shall be
charged at four times the fee for renewal of certificate on the basis of
surface area as provided in rule 43 (3).
(12) Scrutiny fees for approval of drawings.—Scrutiny fees for
approval of different drawings shall be charged as under :—
(a) Pipe lines
Rs. 200 for every 30 metres or part
thereof subject to a minimum of Rs. 5000/-.
(b) Valve
Rs. 300/- for each category.
(c) Fittings
Rs. 300/- for each category.
(d) Boiler
Equal to the inspection fee of the boiler as
specified in clause (3).
(e) De-super heater,
Steam receiver,
Separator
Rs. 1000/- for each category.
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(13) Fees to be levied for unproductive visit.—Wherever any
visit for inspection of a boiler or part thereof under fabrication, steam feed
and blow off pipes under fabrication, or boiler mountings and fittings under
manufacture is rendered unproductive due to the fault or neglect of a
manufacture or fabricator of such materials, the Chief Inspector may require
the manufacturer or fabricator, as the case may be, to pay in respect of
such unproductive visit, the fees equal to the usual inspection fee prescribed
in rule 43.
(14)
Fees for testing of welders.—Fees for testing of welders
intending to get themselves qualified in accordance with the requirements
of Chapter XIII of the Indian Boiler Regulations, 1950 shall be charged as
Rs. 600/-.
44.
Fee to cover inspection and tests.—A fee paid for the
inspection of a boiler shall cover thorough inspection, hydraulic test
and steam test where such are necessary, subject to the provisions of
section 14(2).
45.
Second fee in default.—A second fee will be leviable for
reinspection in any case where the inspection of a boiler is begun, but
owing to the fault or neglect of the owner or person-in-charge, is not
completed within a period of six months from the date of commencement
of inspection.
46.
Sanction of Chief Inspector to second fee.—No second fee
shall be levied except with the sanction of the Chief Inspector.
47.
Fee for copy of registration book.—The fee for a copy of
Registration Book excluding inspection notes and calculations shall be
Rs. 100/-.
48.
Duplicate certificate fees.—Fees for duplicate certificates
shall be charged as under :—
(a) Certificate in Form No. III-A, III-B,
Rs. 200/- each
III-C and VI
(b) Certificate in Form No. II, III and IV
Rs. 300/- each
(c) Certificate of qualified welders
Rs. 200/- each
(d) Certificate of competency or Proficiency
Rs. 200/- each
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49.
Fee for endorsement.— Fee for endorsement shall be charged
as below and shall be borne by the applicant or sponsor, as the case may
be. The certificate shall be endorsed by the concerned Chief Inspector of
Boilers of the union territory of Jammu and Kashmir—
(a) Special Class Boiler Repairer
Rs. 5000/-
(b) Class-I Boiler Repairer
Rs. 4000/-
(c) Class-II Boiler Repairer
Rs. 2000/-
(d) Class-III Boiler Repairer
Rs. 1000/-
(e) Welders Certificate
Rs. 200/- each.
50.
Refund of Fees.—Fees paid in excess and fees paid for an
inspection which for any reason not due to any fault or omission of the
owner or person-in- charge of the boiler has not been made, shall be refunded
if applied for within one year from the date of payment.
51.
Fees for any other matter.—For any other matter which in
the opinion of the Government of Jammu and Kashmir would involve time
and labour as provided for in the Act but not prescribed in these rules, the
fees to be charged shall be at the discretion of the Government of Jammu
and Kashmir.
CHAPTER X
Accidents
52.
Investigation of accidents.—On the receipt of a report of an
accident to a boiler or steam-pipe under section 18 of the Act, the Inspector
should with the least possible delay, proceed to the place to investigate the
accident. If the report is received by the Chief Inspector, he should forward
it at once to the Deputy Chief Inspector or Inspector within whose jurisdiction
the accident has occurred for necessary action.
53.
Procedure during inquiry.—The Deputy Chief Inspector or
Inspector at his inquiry shall take a careful examination of the damaged
parts and shall take such measurements and make such sketches for the
purpose of his report, as he may deem necessary. He shall inquire into the
circumstances, attending the accident and note the time of its occurrence,
its nature and extent, the injury caused to persons and the damage done to
property. The report should be drawn up in proper manner giving full details
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of the observation and his opinion on the cause and prevention of the
accident.
54.
Power to hold inquiry in writing.—The Deputy Chief Inspector
and Inspector are authorized to take the written statements of witness and
all persons immediately concerned with the accident. In order to comply
with the provisions of section 18(2) of the Act the Deputy Chief Inspector
or the Inspector should present to the owner or person-incharge of the
boiler a series of written questions on all points that are material to the
inquiry.
55.
Use of boiler after accident.—The inspector should decide,
whether the use of boiler after an accident can be permitted at the same or
at a lower pressure only after the completion of repairs or alterations. In no
case should the Inspector issue a provisional order or renewal certificate
until his orders have been carried out.
56.
Procedure in case of serious accidents.—The report should
be sent without delay to the Chief Inspector, who, if he considers that the
investigation has been sufficient he will record the facts in his register of
accidents and enter a brief account of the accident in the registration book,
a copy being made in the memorandum of inspection book. If, however, the
accident is of a serious nature and in all cases in which an explosion has
occurred, the Chief Inspector should, after receipt of the report from Deputy
Chief Inspector’ s/Inspector’ s proceed to investigate the accident personally
either alone or with the assistance of assessor/s as may be appointed for
this purpose by the Government. Report of such inquiries should be recorded
as indicated above.
57.
Remuneration of Assessor.—The Assessor/s appointed under
Rule 56 shall be remunerated at such rate as may be determined by the
Government and be allowed the traveling expenses incurred by him in
attending the inquiry.
58.
Reference in Annual Report.—A brief account of all accidents
and their causes should be included in the Chief Inspector’s Annual Report.
59.
Unreported accidents.— If in the course of an inspection or
at any other time the Deputy Chief Inspector or the Inspector discover
damage which comes within the definition of an accident but which has not
been reported, he should immediacy report the facts at once to the Chief
Inspector for action.
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CHAPTER XI
Appeals
60.
Filing of appeal.—Every petition of appeal shall be made in
writing either in English or in the vernacular.
61.
Presentation of appeal.—An appeal may be presented either
personally or registered post to the Chief Inspector.
62.
Form of appeal.—The petition of appeal shall be accompanied
by the original order, notice or report appealed against or by a certified
copy thereof or where no such order, notice or report has been made in
writing by a clear statement of the facts appealed against the grounds of
appeal and the referring section of the Act.
63.
Fixing date for hearing.—On receipt of an appeal, the Chief
Inspector, shall fix a date for hearing the appeal at the earliest. It is important
that there should be no delay in the decision of appeals, as the stoppage of
a boiler is likely to put the owner thereof to great inconvenience. The decision
should ordinarily be given within 15 days from the receipt of the petition of
appeal.
64.
Procedure before hearing.—When the date for hearing has
been fixed, the Chief Inspector shall issue a notice to the appellant stating
the date for hearing and informing him that if he wishes to be heard in
support of the appeal or to produce evidence, he must be present either in
person or by authorized representative with his evidence on the date fixed.
The notice shall be sent by registered post to such address as shall be
entered in the petition of appeal.
65.
Presence of Deputy Chief Inspector/Inspector.—In all
appeals, the Chief Inspector shall decide whether the presence of the Deputy
Chief Inspector or Inspector is necessary, and shall issue orders accordingly.
66.
Attendance of witnesses.—The Chief Inspector shall have
power to secure the attendance of witnesses and to make local inquiries
under the provisions of the Code of Civil Procedure, 1908.
67.
Ex-parte decisions.—If the appellant is not present on the
date fixed, the appeal may be decided in ex-parte.
68.
Appellate Authority.—The manner in which appeals shall be
preferred to the Appellate Authority and the procedure to be followed shall
be governed by the Boiler Appeal Rules, 2013 (Central Rules).
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69.
Fees required for certificate granted on appeal.—Any order
on appeal authorizing the registering of a boiler or the grant or renewal of a
certificate shall be deemed to be subject to the payment of such fees as are
prescribed by rules or regulations framed under the Act.
CHAPTER XII
Boiler Operation Engineers’ Rules and Boiler Attendants’ rules
70.
The provisions contained in the Boiler Attendants’ Rules, 2011
and Boiler Operation Engineers’ Rules, 2011 shall apply mutatis and
mutandis under this Chapter.
CHAPTER XIII
Instructions For Approval and Renewal of Firms for Manufacture
of Fabrication or Repairs of Boilers Etc.
71.
Approval of firms for pipe fabrication.—(1) Application for
approval of firm as Pipe Fabricator shall be accompanied by a receipted
chalan for fee as prescribed in sub-clause (i) of clause (a) of Rule 42 and
shall contain full information of the supervisory and operational staff employed
and also the tools and plant possessed by the applicant firm as indicated in
regulation 392 of the Indian Boiler Regulations, 1950.
(2) If the Chief Inspector is satisfied with the equipment and
supervisory personnel and quality of work done by the Organization, approval
shall be granted subject to such conditions and limitations as may be
prescribed by the Chief Inspector in his order. The approval thus granted
shall be valid for a period of two years from the date of order and shall be
renewed every two years.
(3) Every application for renewal of approval as pipe fabricator
shall be accompanied by a receipted challan for fee as prescribed in
sub-clause (ii) of clause (a) of Rule 42 and shall contain full details in
accordance with the provisions of sub-rule (1) for considering the renewal
of approval by the Chief Inspector. The firm shall apply for renewal of their
recognition at least two months before the expiry of the said period.
(4) Any change in the supervisory and operational staff during the
course of validity of the approval shall be communicated to the Chief
Inspector within seven days from such change.
72.
Approval of firms for Boiler Repairs.—(1) An application
for approval as boiler repairer shall be accompanied by a receipted challan
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for a fee as prescribed in sub clause (i) of clause (b) of Rule 42 and shall
contain full information of the supervisory and operational staff employed
and also the tools and the plant possessed by the applicant firm, as indicated
in regulation 392 of the Indian Regulations, 1950.
(2) If the Chief Inspector is satisfied with the equipment and
supervisory personnel and quality of work done by the Organization, approval
shall be granted subject to such conditions or limitations as may be prescribed
by Chief Inspector in his order. The approval thus granted shall be valid for
a period of two years from the date of order and shall be renewed every
two years.
(3) Every application for renewal of approvals as boiler repairer
shall be accompanied by a receipted challan for fee as prescribed in
sub-clause (ii) of clause (b) of Rule 42 and shall contain full details in
accordance with the provisions of sub rule (1) for considering the renewal
of approval by the Chief Inspector. The firm shall apply for renewal of their
recognition at least two months before the expiry of the said period.
(4) Any change in the supervisory operational staff during the course
of validity of the approval shall be communicated to the Chief Inspector
within seven days from such change.
73.
Approval of firms for manufacture of Boilers or
Economizers.—(1) An application for approval as manufacture of boilers
or economisers shall be accompanied by a receipted challan for fee as
prescribed in sub-clause (i) clause (c) of Rule 42 and shall contain full
information of the supervisory and operational staff employed and also the
tools and plant possessed by the applicant firm and such other information
as may be called for by the Chief Inspector for considering the application.
(2) If the Chief Inspector is satisfied with the equipment and
supervisory personnel and quality of work done by the Organization, approval
shall be granted subject to such conditions or limitations as may be prescribed
by the Chief Inspector in his order. The approval thus granted shall be valid
for a period of two years from the date of order and shall be renewed
every two years.
(3) Every application for renewal of approval as manufacture of boilers
or economizers shall be accompanied by a receipted challan for fee as
prescribed in sub clause (ii) of clause ( c) of Rule 42 and shall contain full
details in accordance with the provisions of sub-rule (1) for considering the
renewal of approval by the Chief Inspector. The firm shall apply for renewal
of their recognition at least two months before the expiry of the said period.
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(4) Any change in the supervisory and operational staff during the
course of validity of the approval shall be communicated to the Chief
Inspector within seven days from such change.
74.
Approval of Firms for Manufacture of Castings, Forgings,
Valves, Cast, Forged & Plate flanges and such other fittings.—
(1) An application for registration of firm for manufacture of castings,
forgings, valves, cast, forged and plate flanges and such other fittings shall
be accompanied by a receipted challan for fee as prescribed in clause (d)
of Rule 42 and shall contain full information of the supervisory and operational
staff employed and also the tools and plant possessed by the applicant and
such other information as may be called for by the Chief Inspector for
considering the application.
(2) If the Chief Inspector is satisfied with the equipment and
supervisory personnel and quality of work done by the Organization, approval
shall be granted subject to such conditions or limitations as may be prescribed
by the Chief Inspector in his order. The approval thus granted shall be valid
for a period of two years from the date of order and shall be renewed
every two years.
(3) Every application for renewal of approval as manufacture of
castings, forgings, valves, cast, forged and plate flanges and such other
fittings shall be accompanied by a receipted challan for fee as prescribed in
sub-clause (ii) of clause (d) of Rule 42 and shall contain full details in
accordance with the provisions of sub-rule (1) for considering the renewal
of approval by the Chief Inspector. The firm shall apply for renewal of their
recognition at least two months before the expiry of the said period.
(4) Any change in the supervisory and operational staff during the
course of validity of the approval shall be communicated to the Chief
Inspector within seven days from such change.
75.
Approval of firm for manufacture of Welding Electrode.—
(1) An application for manufacture of plate flanges shall be accompanied
by a receipted Challan for fee as prescribed in sub-clause (i) clause (f) of
Rule 42 and shall contain full information of the supervisory and operational
staff employed and also the tools and plant possessed by the applicant and
such other information as may be called for by the Chief Inspector for
considering the application.
(2) If the Chief Inspector is satisfied with the equipment and
supervisory personnel and quality of work done by the Organization, approval
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shall be granted subject to such conditions or limitations as may be prescribed
by the Chief Inspector in his order. The approval thus granted shall be valid
for a period of two years from the date of order and shall be renewed
every two years.
(3) Every application for renewal of approval as manufacture of
welding lectrode shall be accompanied by a receipted challan for fee as
prescribed in sub-clause (ii) of clause (f) of Rule 42 and shall contain full
details in accordance with the provisions of sub-rule (1) for considering the
renewal of approval by the Chief Inspector. The firm shall apply for renewal
of their recognition at least two months before the expiry of the said period.
(4) Any change in the supervisory and operational staff during the
course of validity of the approval shall be communicated to the Chief
Inspector within seven days from such change.
76.
Withdrawal of Approval.—Approval granted under the pre-
going rules, shall be withdrawn if—
(i) the approval was obtained on furnishing incorrect or false
information ; or
(ii) no manufacturing activities or fabrication work or repair work
was carried out for a continuous period of six months :
Provided that before any such order for withdrawal of approval is
passed, the owner or person incharge of the organization shall be given due
notice in writing calling upon the person concerned to show cause why an
order for withdrawal of approval should not be made, the objections, if any,
shall be considered and reasonable opportunity of being heard shall be given
to such person by the Chief Inspector.
77.
Repeal and Savings.—(1) The Registration of Boilers owned
by Private Firms Rules, shall stand repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the rules, so repealed shall be deemed to have been done or taken
under the corresponding provisions of these rules.
(Sd.)
............................
Commissioner/Secretary to Government.
————
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APPENDIX
FORM-A No. 1
INSPECTORATE OF BOILERS, JAMMU & KASHMIR
Register of Boilers Inspected
[Rule 9(1)(a)]
FORM-A No. 2
INSPECTORATE OF BOILERS, JAMMU & KASHMIR
Register of Boilers & Scantlings Examined Under Construction
[Rule 9(2)(a)]
Makers
Type of
Boiler
Name of
Year of
Date of
Remarks
Number
Boiler
Rating
Maker
Make Certification
or Scantling
—————————————————————————————
(1)
(2)
(3)
(4)
(5)
(6)
(7)
—————————————————————————————
Registry
Type
Boiler
Name of
Year and
Number
of
Rating
Manufacturer
Place of
Boiler
Construction
—————————————————————————————
(1)
(2)
(3)
(4)
(5)
—————————————————————————————
Date of
Name of
Place
Remarks
Registration
Owner
where
(Transfers,
in use
etc.)
—————————————————————————————
(6)
(7)
(8)
(9)
—————————————————————————————
Part II of the Register Column (I) should contain registry numbers and
letters.
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FORM-B
INSPECTORATE OF BOILERS, JAMMU & KASHMIR
Notice for Examination of Boiler under sections 7 and 8 (Rule 36)
No. _______
Dated:____________
To
______________________
______________________
______________________
Gentlemen/Sir,
In reply to your application, dated__________________you are
hereby informed that Boiler Registry No.___________at the above named
premises will be thoroughly examined/hydraulically tested by the Inspector
on the_____________
To enable the examination to be made, you are found—
(a) to afford to the Inspector all reasonable facilities for the
examination and all such information as may reasonably be
required of you :
(b) to afford to the Inspector all reasonable facilities for the
examination and all such information as may reasonably be
required of you :
(c) in the case of an application for the registration of a boiler, to
provide such drawings, specifications, certificates and other
particulars as may be prescribed.
Voucher No.—— in acknowledgment of Bank/Treasury Receipt No.——
For Rs.———
Accompanies.
Chief Inspector of Boilers,
Jammu and Kashmir
(See reverse for preparation required).
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REVERSE OF FORM-B
PREPARATION FOR EXAMINATION
See Chapter IX of the Regulations
(Regulation 376)
(A) Preparation for inspection
At every examination of a boiler for the grant of renewal of a
certificate, the boiler shall be empty and thoroughly clean in all its parts. All
doors of manholes, hand holes and sight holes and cleaning plugs and all
caps in the headers and mud drums of water tube boilers, all fire bars,
bearers, front plates, bridge plates, fire bridges, brick arches, oil fuel burners
and mechanical stoker fittings shall be removed. All valves and cocks
comprising the boiler mounting shall be opened up and taken apart and the
valves or cocks ground, when necessary, before the Inspector’s visit.
Provision shall, if required by the Inspector, be made for the removal
of lagging or brickwork or other concealing part and for the drilling of
plates and for verifying the pressure gauge and safety valve dimensions
and weights. All smoke tubes, exterior of water tubes, smoke boxes and
external flues shall be swept clean.
Provisions shall be made for the effective disconnection of all steam
and hot water communication with any other boiler under steam, as
prescribed in Chapter X of the Regulations. This shall be effected either by
the removal of a length of pipe from the steam and feed piping or by the
insertion or substantial blank flanges. Where blank flanges are employed,
they shall be inserted between the flange of the chest and the pipe attached
to it. No blank flange shall be inserted between a safety valve chest and
the boiler.
In the case of forced flow and forced circulation types of boilers,
provision shall be made for checking that proper circulation is maintained
through all sections of the circuit by the flow of water.
—————————————————————————————
Note :—These provisions to effective disconnection shall extend to every
case wherein a person is sent or with the absent of the owner or
person-in-charge goes into boiler for any purpose.
(See Part III of the Regulation)
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(Regulation 378)
(B) Preparation for hydraulic test
The chest of all mountings subject to steam pressure shall be in place
and shut tight or blind-flanged. The safety valves shall either be jammed
down or removed and the chest opening blind-flanged. The attachment *
for the Inspectors pressure gauge and nipple + for connecting the Inspectors
test pump house shall be in order. All doors shall be properly jointed and
tightened up. The boiler shall be completely filled with water, care being
taken to allow all air to escape and, if possible, a preliminary test not
exceeding the working pressure of the boiler be taken before the Inspector’s
visit to test the rightness of the joints. When a boiler is hydraulically tested
for the first time, it shall be entirely cleared of lagging or brickworks; at
subsequent tests the lagging or brickwork or portions thereof, shall be
removed, if required by the Inspector.
—————————————————————————————
*Tapped 19 mm White worth bolt and nut thread.
*Tapped 22 mm White worth bolt and nut thread.
Preparation now required (A), (B)
Note :—The last certificate for the boiler should be shown to the
Inspector.
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FORM-C
INSPECTORATE OF BOILERS, JAMMU & KASHMIR
GENERAL WORKING OF BOILERS INSTRUCTIONS
(See Rule 8)
Instruction to Boiler Attendants:
These instructions should be frequently and carefully studied with a
view to keeping in mind the precautions to be observed and ordinary
procedure to be followed in the safe working of boilers.
Precautions before starting the Fires :
Before starting the fires in a boiler the attendants should.—
(1) see that here is sufficient water in the boiler and that the gauge
cocks are working freely ;
(2) ease safety valves, or open cock on top of boiler to allow air to
escape ;
(3) see that the blow-off cock is fully closed and tight ;
(4) see that safety valves and fee check valve are free and
workable ;
(5) note if the pressure gauge pointer is at zero ;
(6) see that the feed pump is in working order.
He must not rely on the supposition that the water he has previously
put in it still in the boiler, as it may have run out without the knowledge
through a leak or open cock, nor can he be sure that the gauge glass shows
the true water level until he has tested it. This is done in the following
manner; shut off the lower gauge cock and empty the glass by the drain
cock; then shut the drain cock and open the gauge cock; if everything is in
order, the water will then rise in the glass to the same height as before.
Raising steam.—In getting up steam in all types of boilers, the
operation should be as gradual as circumstances will allow. Nothing turns a
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new boiler into an old one sooner than getting up steam too quickly. Forcing
the fires when starting work is liable to cause straining of the steams and
tubes of the boiler. In the case of large boilers generally steam should not
be got up in less than six hours. Before getting up steam the water level
should be observed, to ensure that water is at the proper heights, in the
glass, the pressure gauge noted and the safety valves tried to see they are
free. The blow-off cock should be examined to see that it is completely
shut and tight.
Pressure gauge.—The pressure or steam gauge should be kept in
order and be in such a position as to be easily seen by the boiler attendant.
There should be a plain mark on it showing the highest pressure allowed for
the boiler and the dial should be kept clean so that the figures may easily be
read.
Steam pressure.—Ordinarily, the safety valves will prevent the steam
from rising much above the working pressure, but if the steam gauge shows
is rapid an increase of pressure as to indicate danger of exceeding the
highest limit, water should be immediately fed into the boiler, and the dampers
partially closed in order to diminish the effect of the fire. If however, the
water has fallen so low that there is danger of an accident from this cause,
the fires should be withdrawn before feeding in water the safety valves
eased and if the engine is at rest, it should be started so as to reduce the
pressure. The safety valves are provided to guard against over-pressure.
They should be moved by hand every day so as to prevent them from
sticking. If moved only occasionally, they are liable to leak.
The valve can be tested by slowly raising it a little and when let down,
it should be closed perfectly tight. It should never be opened by a sudden
knock or pull. If it does not close tight, turn it on its seat, until it first, or
when its construction does not permit this, rise it slowly a few times and let
it down again, but on no account must the valve be screwed down further
or loaded more than what has been allowed by the Inspector.
Safety valves must never be over-loaded and spring valve should
have ferrules or other provisions against the valves being screwed down
too far. In case of an accident resulting from willful overloading culprit
might be held criminally responsible at the official inquiry or inquest.
Low water safety valves.—If there is low water safety valves, test
it occasionally by lowering the water level to see that valve begins to blow
at the right point. It should give warning “before” the water level has sunk
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too low and before damage can be done when the boiler is open, examine
the floats and lever and see that they are free and that they give the valve
the full rise. With the ordinary type of high steam and low water safety
valve the float should be down at its lowest position and the valve full open
when the boiler is empty.
The water gauge.—These will be kept in best order by frequently
blowing through. The cocks are thus kept in good working condition without
leaking. Blow through the drain cock at the bottom of the gauge and shut
and open the steam and water cocks every few hours. These cocks should
be blown through more frequently when the water is dirty. Should either of
the passage become choked, or whenever the water in the gauge glass
moves sluggishly, the passage must be cleaned. This is best done with a
wire. The gauge glass is so arranged that its top cock connects with the
steam space and its bottom cock is below the water line. The water line
will ordinarily be near the middle of the glass tube. Always test the glass
water gauges thoroughly the first thing in the morning and at the
commencement of every shift. This is done by first opening rain cock and
then shutting the upper cock which should give water; the upper cock should
then be opened and the bottom cock closed which should give steam, during
this test the drain cock should be kept open.
If water and steam do not appear in proper order, the cocks are choked
and the passage should be cleaned. To lessen the risk of breaking the gauge
glass, the water cock should always be re-opened after the steam cock.
Gauge glasses with a narrow white strip running the whole length of the
glass on the side next the boiler are recommended as they show the water
line more clearly specially when the water is dirty.
The boiler regulations framed by the Board require every water gauge
glass to be fitted with, a guard to prevent injury to the attendants. See that
it is always in place and clean when there is steam in the boiler.
Special Note.—It does not follow that there is plenty of water in the
boiler because there is plenty of water in the gauge glass. The passages
may be choked and empty gauge glasses are sometimes mistaken for full
ones and explosions have resulted there from. Hence the importance of
keeping the gauge, cocks perfectly tight and clean and of blowing through
the test cocks frequently.
A large number of accidents have been due to inoperative water
gauges and to negligence of the attendants is not carefully reading the
water level.
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The blow-off cock.—The blow-off should be used daily if the water
is at all dirty or sedimentary, especially with Locomotive type and Vertical
Boilers as their narrow water spaces are liable to get choked with mud,
which soon hardens into a solid mass. The amount of water to be blown out
depends on the size of the boiler and can be determined only from
experience. When blowing out the best result is obtained if the water has
been at rest for some time (say before the engine is stared) thus giving the
sediment time to settle, if the feed waters cleaned merely turn the cock
round.
The scum cock.—When scum cocks are fitted, if the feed water is
dirty, a little should be blown off daily; if the water is clean, merely turn the
cock round. Before opening the scum cock, see that the water is at the
height indicated by the water level pointer; otherwise the scumming will be
ineffective. Water should be blown from the surface through the scum
cock when steam is being drawn off, i.e. when the engine or other machinery
is working.
Manhole and other door joints.—When making such joints the
jointing materials should never be of round sectioned packing. Care must
be taken that the spigot of the door is centrally placed in the hole, as many
accidents have resulted from packing being blown out between the spigot
and side of hole, even when the clearance was only 3 mm. The nuts must
be carefully and evenly tightened. Further tightening should be made during
the process of heating up the boiler when raising steam.
Steam-pipes.—When properly arranged should give no trouble.
Frequently however, they are so designed as to contain pickets, in which,
while out of use condensed steam accumulates. Such water is exceedingly,
dangerous and great care should be taken to see that the pipes are properly
drained before the stop-valve is opened otherwise “water hammer” will
take place even with the best designed steam pipes, and disastrous explosions
causing loss of life and property may occur.
Scale and grease.—Roughly speaking, scale offers a hundred times
as much resistance to the passage of heat as does a similar thickness of the
steel or iron. A 12 mm furnace plate covered with 2 mm. scale is as efficient
a heat retarder as steel furnace 250 mm thick. Grease is about ten times
worse than scale. In a boiler at work the temperature of a clean furnace
plate is only slightly in excess of that of the water in the boiler; but if scale
or grease is interposed between the water and the plate, the latter acquires
a temperature more nearly approximately that of the flame with which it is
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in contact. If the fire is fierce (artificial draught) the furnace tube may
grow so hot that it elongates considerably. If in addition, cold air is admitted
during each firing, a concerting action of the furnace takes place, which is
one of the worst causes of boiler wear and tear.
Wear and Tear can be reduced and the life of a boiler prolonged if
scale and grease are prevented from accumulating in a boiler. The combined
effects of scale or grease and artificial draught are disastrous. Scale or
grease also causes waste of fuel.
Grease.—A mixture of sedimentary water, soda and grease produces
an adhesive scum, where this is suspected the water level should never be
lowered below the furnace top unless the boiler is afterwards entered and
this scum cleaned off the furnace plate before the firing again.
Scale removal.—The customary method is not a satisfactory one.
The boiler is emptied and then cooled down by opening all the manholes,
and the result is that the scale which would otherwise be soft, hardens
through contact with the air and requires laborious chipping off.
A very effective, but slower method is to retain the water in the boiler
until cool, and not to run it out until the men are ready to enter the boiler
with water house brushers and scrapers. The scale will then be soft and
easily removable.
If time is a consideration, the cooling can be accelerated by adding
cold feed to the hot water in the boiler and slowly running off the cold
water. Another method is to blow off the boiler with the lowest possible
pressure (not more than 1 Kilogram per sq. cm.) and to keep it closed until
cold. The scale will then be easily removed.
Treatment of feed water.—Many feed waters require soda or other
chemicals to arrest corrosion or to change the nature of the scale.
There is no harmless chemical which will remove scale or sediment
when it has once got into the boiler and the only effective process is to
purify the feed water before it enters the boiler. By this means, the sediment,
and generally too, the added chemical, can be deposited in tanks or in filters,
and therefore never goes into the boiler, excepting when the water obtainable
is very good, water-purifying apparatus ought to pay any boiler-owners,
particularly at those works where three or more boilers are in constant
work. Boiler owners wishing to have definite advice as to the best treatment
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of their feed water should have it analyzed at some chemical laboratory
and ascertain the best treatment in the particular circumstances.
Special attention is drawn to the not in frequent but very bad practice
of allowing the waste steam from the Engine Cylinders or Pumps to be
drained into the Boiler Fed Water Tanks. The waste steam from cylinders
is always mixed with a certain amount of oily matter which will be deposited
in the feed water tanks and ultimately be pumped into the boiler, with possible
disastrous results, as it will be obvious to every careful boiler attendant that
should the oil be deposited on the furnace crowns, they may become
overheated and collapse.
It should be the first care of the boiler-owner, and the Boiler Attendant
to see that the feed water is kept as pure as possible. Impure feed water
means additional expense on the upkeep of the boiler.
Preservation of boilers when not in use.—Steam boilers when
not in use are liable to deterioration from corrosion and unless well cared
for and made rust-proof; they may depreciate more rapidly than when in
use. They should be thoroughly drained and thoroughly dried and all valves,
cocks and openings closed so as to exclude moisture. Another plan is to fill
the boiler with water to which about 1/100 per cent caustic soda has been
added.
Special instructions for Boiler.—Boiler should be opened up and
thoroughly cleaned after a period of work which should not exceed (as
indicated in certificate). A record of such clearings should be maintained
and produced, when required by the Inspector.
———
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FORM-D
INSPECTORATE OF BOILERS, JAMMU AND KASHMIR
Schedule of Stage Examination of Boilers or Scantlings under
Construction
[Rule 17(b) (ii)]
Maker’s Name....................................................................................
Maker’s No. of Boiler/Scantling ...............................................................
Type of Boiler/Scantling ...........................................................................
Description of Boiler/Scantling including Heating Surface or Dimensions
...........................................................................................................
Drawing No .......................................................................................
Dates of Visit by Competent Person.
...........................................................................................................
Name of Competent Person.
...........................................................................................................
Stage of Inspection (See Appendix J of the Regulations).
...........................................................................................................
Remarks.
...........................................................................................................
Boiler/Scantling finally stamped on .............................Form II and III
signed on .................
Competent Person
Date ....................
Copy forwarded to : Inspecting Authority.
—————
No. 42-e]
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45
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FORM-E
INSPECTORATE OF BOILERS, JAMMU AND KASHMIR
Examination Report on Materials or Boilers and Scantlings under
Construction
[Rule 17(b)(iv)]
Report No....................
Description of Boilers, Scantlings or Materials.........................................
Maker’s Name,Maker’s No ...................................................................
Drawing No ........................................................................................
Date of Examination ............................................................................
—————————————————————————————
Description of Examination and/or Test.
—————————————————————————————
Remarks.
—————————————————————————————
Competent Person
Date ....................
Copy forwarded to : Inspecting Authority.
—————
46
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FORM-F
INSPECTORATE OF BOILERS, JAMMU AND KASHMIR
Report on Mechanical Tests
[Rule 41 (d)]
Description of Material Tested at ....................................................................................................................................
Description of Part to which the Material relates ..............................................................................................................
Date of Test....................................Identification of Mark......................................Test Report No .................................
Dimensions
Temp.
Tensile
Bend
of Test
of Test
Dia. of
Gauge
Area
Section
Dia. of
Cold or
Izod
pieces
°C
section
Length
former
Temper
Section
————————————————————————————————————————————————
1
2
3
4
5
6
7
8
9
————————————————————————————————————————————————
Cast No.
Plate No.
Tensile Test
Elong. %age
Reduction
Hardness &
Remarks
kg/cm2
of Area
Type of Test
Yield.
Ultimate.
kg/cm2
————————————————————————————————————————————————
1
2
3
4
5
6
7
8
————————————————————————————————————————————————
Specified Requirements
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————————————————————————————————————————————————
Cast
Plate
Test
Forward or
Angle through which
Elongation
%age
Remarks
No.
No.
No.
Reverse Bend
bend and if fractured
————————————————————————————————————————————————
1
2
3
4
5
6
7
8
————————————————————————————————————————————————
Condition of Material :—
Hardened °C
Micro and Macro Results
Normalized °C
Tempered °C
————————————————————————————————————————————————
ANALYSIS
Cast or brand
C.
Si.
Mn.
S.
P.
Cr.
Mo.
————————————————————————————————————————————————
1
2
3
4
5
6
7
8
————————————————————————————————————————————————
Remarks
————————————————————————————————————————————————
Competent Person.
Inspecting Authority.
Copy forwarded to : Inspecting Authority.
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FORM-G
INSPECTORATE OF BOILERS, JAMMU AND KASHMIR
Report on Radiographic Examination of Welds
[Rule 41 (g)]
Report No.................................................
Date............................
Maker’s Name...........................................
Maker’s No..................
Details of Part under Examination.
Type of Weld.....................................
Weld preparation...................
Radiographic Equipment.......................
Film.....................................
.
Duration of Exposure ....................Setting.....................Screens..............
Identification..........................................................................................
Examination Results :
Rectifications, if any :
Remarks.
Competent Person
(Radiology and Testing)
Approved by ...................................
Inspecting Authority ........................
Copy forwarded to : Inspecting Authority
————
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FORM-H
INSPECTORATE OF BOILERS, JAMMU AND KASHMIR
Application For Welder’s Qualification Tests
[Rule 43 (16)]
Dear Sir,
I am applying for test as a Qualified Welder and submit below the
details as required. Testimonials of my experience supported by my
employers together with one copy of each are sent herewith.
Yours faithfully,
(Applicant)
1.
Full name of applicant..................................................................
2.
Father’s name ............................................................................
3.
Date of birth.............................................................................
4.
Nationality...............................................................................
5.
Permanent address..................................................................
6.
Details of applicant’s service as welder.......................................
(Full details together with exact period for which the candidate
was employed and capacity in which employed must be given.
Each such statement must be supported by applicant’s employer
or employers).
7.
Name
of workshop where the candidate wishes to be
Examined........................................................................................
8.
Details of previous tests at which candidate has appeared and failed
......................................................................................................
(Candidate must state name of Testing Authority before whom he/
she appeared and on which count he/she was declared failed).
I desire to be tested in the Electric Arc/Oxy-Acetylene process of
Welding on Plate/Pipe/Tube (mild steel/alloy steel).
Date........................
Signature of Applicant
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Note :—
i.
Every application must be accompanied with the requisite fee paid
through treasury chalan or online payment gateway.
ii.
Two copies of recent passport sized photographs of the applicant
must accompany the application with applicant’s signature or thumb
impression on the back thereof.
iii.
Incomplete applications are liable to be rejected.
iv.
The fee does not include any charges for the supply of materials
for the test pieces.
v.
Further in exercise of the powers conferred under section 31 of
The Boilers Act, 1923, the aforementioned rules are hereby published
in official Gazette for inviting objections/suggestions from the
persons likely to be affected thereby on or before the expiry of a
period of 45 days from the date of its publication which shall reach
the office of Commissioner Secretary to Government, Labour and
Employment Department, Civil Secretariat, Jammu.
Objections or suggestions received after the cut of date shall not be
entertained.
(Sd.)
SAURABH BHAGAT, IAS,
Commissioner/Secretary to Government,
Labour and Employment Department.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132]
Jammu, Fri., the 9th Aug., 2019/18th Srav., 1941.
[No. 19-5
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Separate paging is given to this part in order that it may be filed as a
separate compilation.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
EXTRAORDINARY
REGD. NO. JK—33
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 9th August, 2019/Shravana 18, 1941 (Saka.)
The following Act of Parliament received the assent of the
President on the 9th August, 2019, and is hereby published for general
information :—
THE MOTOR VEHICLES (AMENDMENT) ACT, 2019
(No. 32 of 2019)
[9th August, 2019.]
An Act further to amend the Motor Vehicles Act, 1988.
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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 and commencement.—(1) This Act may be called
the Motor Vehicles (Amendment) Act, 2019.
(2) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint and
different dates may be appointed for different provisions of this Act
and any reference in any such provision to the commencement of this
Act shall be construed as a reference to the coming into force of that
provision.
2.
Amendment of section 2.—In the Motor Vehicles Act, 1988
(59 of 1988) (hereinafter referred to as the principal Act), in
section 2,—
(i) for clause (1), the following clauses shall be substituted,
namely :—
‘(1) “adapted vehicle” means a motor vehicle either
specially designed and constructed, or to which alterations
have been made under sub-section (2) of section 52, for
the use of a person suffering from any physical defect or
disability, and used solely by or for such person ;
(1A) “aggregator” means a digital intermediary or market
place for a passenger to connect with a driver for the
purpose of transportation ;
(1B) “area”, in relation to any provision of this Act, means
such area as the State Government may, having regard to
the requirements of that provision, specify by notification
in the Official Gazette ;’ ;
(ii) after clause (4), the following clause shall be inserted,
namely :—
‘(4A) “community service” means an unpaid work which
a person is required to perform as a punishment for an
offence committed under this Act ;’ ;
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(iii) after clause (9), the following clause shall be inserted,
namely :—
‘(9A) “driver refresher training course” means the course
referred to in sub-section (2A) of section 19 ;’ ;
(iv) after clause (12), the following clause shall be inserted,
namely :—
‘(12A) “golden hour” means the time period lasting one
hour following a traumatic injury during which there is
highest likelihood of preventing death by providing
prompt medical care ;’ ;
(v) clause (18) shall be omitted ;
(vi) in clause (24), for the words “invalid carriage”, the words
“adapted vehicle” shall be substituted ;
(vii) in clause (26), for the words “invalid carriage”, the words
“adapted vehicle” shall be substituted ;
(viii) after clause (38), the following clause shall be inserted,
namely :—
‘(38A) “scheme” means a scheme framed under this
Act ;’ ;
(ix) after clause (42), the following clause shall be inserted,
namely :—
‘(42A) “testing agency” means any entity designated as
a testing agency under section 110B ;’ ;
(x) in clause (49), after the word "rests", the words "or moves"
shall be inserted.
3.
Insertion of new section 2B.—After section 2A of the principal
Act, the following section shall be inserted, namely :—
“2B.
Promotion of innovation.—Notwithstanding anything
contained in this Act and subject to such conditions as may be
prescribed by the Central Government, in order to promote
innovation, research and development in the fields of vehicular
engineering, mechanically propelled vehicles and transportation
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in general, the Central Government may exempt certain types
of mechanically propelled vehicles from the application of the
provisions of this Act.”.
4.
Amendment of section 8.—In section 8 of the principal Act,—
(i) in sub-section (1), for the words “the licensing authority
having jurisdiction in the area”, the words “any of the
licensing authority in the State” shall be substituted ;
(ii) in sub-section (2), for the words “and with such fee”, the
words “with such fee and submit in such manner, including
electronic means” shall be substituted ;
(iii) in sub-section (3),—
(a) after the word “application”, the words “to drive a
transport vehicle made” shall be inserted ;
(b) the proviso shall be omitted ;
(iv) in sub-section (4), in the proviso, for the words “invalid
carriage”, the words “adapted vehicle” shall be substituted ;
(v) in sub-section (5), for the words “passes to the satisfaction
of the licensing authority such test”, the words “satisfies
such conditions” shall be substituted ;
(vi) in sub-section (6), after the proviso, the following provisos
shall be inserted, namely :—
“Provided further that a licencing authority may issue a
learner’s licence in electronic form and such manner as
may be prescribed by the Central Government :
Provided also that the licensing authority may, before issuing
the license, verify the identity of the applicant in such
manner as may be prescribed by the Central Government.”.
5.
Amendment of section 9.—In section 9 of the principal Act,—
(i) in sub-section (1), for the words “the licensing authority
having jurisdiction in the area”, the words “any licensing
authority in the State” shall be substituted ;
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(ii) in sub-section (3), for the second proviso, the following
proviso shall be substituted, namely :—
“Provided further that a driving licence for driving an
adapted vehicle may be issued to the applicant, if the
licensing authority is satisfied that he is fit to drive such
motor vehicle.” ;
(iii) in sub-section (4), the words “such minimum educational
qualification as may be prescribed by the Central
Government and” shall be omitted ;
(iv) in sub-section (5), in the proviso, after the words “last
such test”, the words and figures “and such applicant shall
be required to complete a remedial driver training course
from any school or establishment under section 12” shall
be inserted.
6.
Amendment of section 10.—In section 10 of the principal
Act, in sub-section (2), in clause (c), for the words “invalid carriage”,
the words “adapted vehicle” shall be substituted.
7.
Amendment of section 11.—In section 11 of the principal
Act,—
(i) in sub-section (1), for the words “the licensing authority
having jurisdiction in the area”, the words “any licensing
authority in the State” shall be substituted ;
(ii) in sub-section (2), the following proviso shall be inserted,
namely :—
“Provided that the licensing authority may, before issuing
the license verify the identity of the applicant in such
manner as may be prescribed by the Central Government.”.
8.
Amendment of section 12.—In section 12 of the principal
Act, after sub-section (4), the following sub-sections shall be inserted,
namely :—
“(5) Notwithstanding anything contained in any other provision,
where any school or establishment has been accredited by a
body notified by the Central Government under any other law
for the time being in force, any person who has successfully
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completed a training module at such school or establishment
covering a particular type of motor vehicle shall be eligible to
obtain a driving licence for such type of motor vehicle.
(6) The curriculum of the training module referred to in sub-
section (5) and the remedial driver training course referred to
in sub-section (5) of section 9 shall be such as may be
prescribed by the Central Government and that Government
may make rules for the regulation of such schools or
establishments.”.
9.
Amendment of section 14.—In section 14 of the principal
Act, in sub-section (2),—
(i) in clause (a),—
(A) for the words “three years”, the words “five years”
shall be substituted ;
(B) in the proviso, for the portion beginning with the
words “one year” and ending with the word “and” the
words “three years and renewal thereof shall be subject
to such conditions as the Central Government may
prescribe ; and”, shall be substituted ;
(ii) for clause (b), the following clause shall be substituted,
namely :—
“(b) in the case of any other licence, subject to such
conditions as the Central Government may prescribe, if
the person obtaining the licence, either originally or on
renewal thereof,—
(i) has not attained the age of thirty years on the date of
issue or, renewal thereof, be effective until the date
on which such person attains the age of forty years ;
or
(ii) has attained the age of thirty years but has not attained
the age of fifty years on the date of issue or, renewal
thereof, be effective for a period of ten years from
the date of such issue or renewal ; or
(iii) has attained the age of fifty years but has not attained
the age of fifty-five years on the date of issue or,
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renewal thereof, be effective until the date on which
such person attains the age of sixty years ; or
(iv) has attained the age of fifty-five years on the date of
issue or as the case may be, renewal thereof, be
effective for a period of five years from the date of
such issue or renewal.” ;
(iii) the proviso shall be omitted.
10.
Amendment of section 15.—In section 15 of the principal
Act,—
(i) in sub-section (1), in the first proviso, for the words “more
than thirty days”, the words “either one year prior to date
of its expiry or within one year” shall be substituted ;
(ii) in sub-section (3), for the words “thirty days”, the words
“one year” shall be substituted ; and
(iii) in sub-section (4),—
(a) for the words “thirty days”, the words “one year”
shall be substituted ; and
\
(b) in the second proviso for the words “five years after
the driving license has ceased to be effective, the
licensing authority may”, the words “one year after
the driving licence has ceased to be effective, the
licensing authority shall” shall be substituted.
11.
Amendment of section 19.—In section 19 of the principal
Act,—
(i) after sub-section (1), the following sub-section shall be
inserted, namely :—
“(1A) Where a licence has been forwarded to the licensing
authority under sub-section (4) of section 206, the licensing
authority, if satisfied after giving the holder of the driving
licence an opportunity of being heard, may either discharge
the holder of a driving licence or, it may for detailed reasons
recorded in writing, make an order disqualifying such
person from holding or obtaining any licence to drive all
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or any class or description of vehicles specified in the
licence—
(a) for a first offence, for a period of three months ;
(b) for a second or subsequent offence, with revocation
of the driving licence of such person :
Provided that where a driving licence is revoked under
this section, the name of the holder of such driving
licence may be placed in the public domain in such
manner as may be prescribed by the Central
Government.” ;
(ii) in sub-section (2),––
(a) after the word, brackets and figure “sub-section (1)”,
the words, brackets, figure and letter “or sub-section
(1A)” shall be inserted ;
(b) for the proviso, the following proviso shall be
substituted, namely :—
“Provided that the driving licence shall be returned
to the holder at the end of the period of
disqualification only if he successfully completes the
driver refresher training course.” ;
(iii) after sub-section (2), the following sub-sections shall be
inserted, namely :—
“(2A) The licence holder whose licence has been suspended
shall undergo the driver refresher training course from a
school or establishment licenced and regulated under
section 12 or such other agency, as may be notified by the
Central Government.
(2B) The nature, syllabus and duration of the driver
refresher training course shall be such as may be prescribed
by the Central Government.” ;
(iv) in sub-section (3), after the word, brackets and figure “sub-
section (1)”, the words, brackets, figure and letter “or sub-
section (1A)” shall be inserted.
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12.
Insertion of new section 25A.—After section 25 of the
principal Act, the following section shall be inserted, namely :—
“25A.
National Register of Driving Licences.—(1) The
Central Government shall maintain a National Register of
Driving Licences in such form and manner as may be
prescribed.
(2) All State Registers of Driving Licences shall be subsumed
under the National Register of Driving Licences by a date to
be notified by the Central Government.
(3) No driving licence issued, or renewed, under this Act shall
be valid unless it has been issued a unique driving licence
number under the National Register of Driving Licences.
(4) All State Governments and licensing authorities under this
Act shall transmit all information including contained data in
the State Register of Driving Licences in such form and manner
as may be prescribed by the Central Government.
(5) The State Governments shall be entitled to access the
National Register and update their records in such manner as
may be prescribed by the Central Government.”.
13.
Substitution of new section for section 26.—For section 26
of the principal Act, the following section shall be substituted,
namely :—
“26.
Maintenance of State Registers of Driving Licences.—
Each State Government shall maintain, in such form as may
be prescribed by the Central Government, a register to be
known as the State Register of Driving Licences, in respect of
driving licences issued and renewed by the licensing authorities
of the State Government, containing particulars, including––
(a) names and addresses of holders of driving licences ;
(b) licence numbers ;
(c) dates of issue or renewal of licences ;
(d) dates of expiry of licences ;
(e) classes and types of vehicles authorised to be driven ; and
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(f) such other particulars as the Central Government may
prescribe.”.
14.
Amendment of section 27.—In section 27 of the principal
Act,—
(i) after clause (d), the following clauses shall be inserted,
namely :—
“(da) the form and manner in which a licensing authority
may issue a learner’s licence under sub-section (6) of
section 8 ;
(db) the manner in which a licensing authority may verify
the identity of the applicant under the third proviso to
sub-section (6) of section 8 ;” ;
(ii) after clause (j), the following clauses shall be inserted,
namely :—
“(ja) the curriculum of training modules and the regulation
of schools and establishments under sub-section (6) of
section 12 ;
(jb) the conditions for the renewal of licence to drive
transport vehicles carrying goods of dangerous or hazardous
nature and other motor vehicles under clause (a) and clause
(b) of sub-section (2) of section 14 ;
(jc) the manner in which a licensing authority may verify
the identity of the applicant under the third proviso to sub-
section (2) of section 11 ;” ;
(iii) after clause (n), the following clauses shall be inserted,
namely :—
“(na) the manner of placing in the public domain of the
name of the licence holder as referred to in sub-section
(1A) of section 19 ;
(nb) providing for the nature, syllabus and duration of the
driver refresher training course as referred to in sub-section
(2B) of section 19 ;” ;
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(iv) after clause (o), the following clause shall be inserted,
namely :—
“(oa) all or any of the matters referred to in section
25A ;” ;
(v) in clause (p), the words, brackets and figure “sub-section
(1) of” shall be omitted.
15.
Amendment of section 28.—In section 28 of the principal
Act, in sub-section (2), clause (j) shall be omitted.
16.
Amendment of section 40.—In section 40 of the principal
Act, for the words “a registering authority”, the words “any registering
authority in the State” shall be substituted.
17.
Amendment of section 41.—In section 41 of the principal
Act,––
(i) in sub-section (1), after the proviso, the following proviso
shall be inserted, namely :—
“Provided further that in the case of a new motor vehicle,
the application for registration in the State shall be made
by the dealer of such motor vehicle, if the new motor
vehicle is being registered in the same State in which the
dealer is situated.” ;
(ii) in sub-section (3),––
(a) for the words “to the owner of a motor vehicle
registered by it a certificate of registration”, the words
“a certificate of registration in the name of the owner”
shall be substituted ;
(iii) in sub-section (6), the following proviso shall be inserted,
namely :—
“Provided that in case of a new motor vehicle, the
application for the registration of which is made under the
second proviso to sub-section (1), such motor vehicle shall
not be delivered to the owner until such registration mark
is displayed on the motor vehicle in such form and manner
as may prescribed by the Central Government.” ;
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(iv) in sub-section (7),—
(a) the words “other than a transport vehicle” shall be
omitted ; and
(b) after the words “date of issue of such certificate”, the
words “or for such period as may be prescribed by
the Central Government” shall be inserted ;
(v) in sub-section (8), the words “other than a transport
vehicle,” shall be omitted ;
(vi) in sub-section (10),—
(a) for the words “for a period of five years”, the words
“for such period, as may be prescribed by the Central
Government” shall be substituted ;
(b) the following proviso shall be inserted, namely :—
“Provided that the Central Government may prescribe
different period of renewal for different types of motor
vehicles.” ;
(vii) sub-sections (11), (12) and (13) shall be omitted.
18.
Substitution of new section for section 43.—For section 43
of the principal Act, the following section shall be substituted,
namely :—
“43. Temporary Registration.—Notwithstanding anything
contained in section 40, the owner of a motor vehicle may
apply to any registering authority or other authority as may be
prescribed by the State Government to have the motor vehicle
temporarily registered and such authority shall issue a
temporary certificate of registration and temporary registration
mark in accordance with such rules as may be made by the
Central Government :
Provided that the State Government may register a motor
vehicle that plies, temporarily, within the State and issue a
certificate of registration and registration mark for a period of
one month in such manner as may be prescribed by the State
Government.”.
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19.
Substitution of new section for section 44.—For section 44
of the principal Act, the following section shall be substituted,
namely :—
“44.
Production of vehicle at the time of registration.—(1)
Subject to such terms and conditions as may be prescribed by
the Central Government in this behalf, a motor vehicle sold by
an authorised dealer shall not require production before a
registering authority for the purposes of registration for the
first time.
(2) Subject to such terms and conditions as may be prescribed
by the State Government, a person in whose name a certificate
of registration has been issued shall not be required to produce
the vehicle registered or transferred before a registering
authority.”.
20.
Amendment of section 49.—In section 49 of the principal
Act,—
(i) in sub-section (1), for the words “registering authority, to
that other registering authority”, the words “State, to any
registering authority in that State” shall be substituted ;
(ii) after sub-section (1), the following sub-section shall be
inserted, namely :—
“(1A) The intimation under sub-section (1) may be sent to
the appropriate registering authority in electronic form
along with the electronic form of such documents, including
proof of authentication in such manner as may be prescribed
by the Central Government.” ;
(iii) in sub-section (2), for the words “one hundred rupees”, the
words “five hundred rupees” shall be substituted.
21.
Amendment of section 52.—In section 52 of the principal
Act,—
(i) in sub-section (1), for the second proviso, the following
proviso shall be substituted, namely :—
“Provided further that the Central Government may
prescribe specifications, conditions for approval,
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retrofitment and other related matters for the alteration of
motor vehicles and in such cases, the warranty granted by
the manufacturer shall not be considered as void for the
purposes of such alteration or retrofitment.” ;
(ii) after sub-section (1), the following sub-section shall be
inserted, namely :—
“(1A) A manufacturer of a motor vehicle shall on the
direction issued by the Central Government, alter or retrofit
safety equipment, or any other equipment in accordance
with such standards and specifications as may be specified
by the Central Government.” ;
(iii) for sub-section (2), the following sub-section shall be
substituted, namely :—
“(2) Notwithstanding anything contained in sub-section (1),
any person may, with the subsequent approval of the
registering authority, alter or cause to be altered any vehicle
owned by him to be converted into an adapted vehicle :
Provided that such alteration complies with such conditions
as may be prescribed by the Central Government.” ;
(iv) in sub-section (3), the words, brackets and figure “or by
reason of replacement of its engine without such approval
under sub-section (2)” shall be omitted.
22.
Amendment of section 55.—In section 55 of the principal
Act, after sub-section (5), the following sub-section shall be inserted,
namely :—
“(5A) If any registering authority or other prescribed authority
has reason to believe that any motor vehicle within its jurisdiction
has been used in the commission of an offence punishable
under section 199A, the authority may, after giving the owner
an opportunity of making a representation in writing, cancel the
certificate of registration of the vehicle for a period of one
year :
Provided that the owner of the motor vehicle may apply for
fresh registration in accordance with the provisions of section
40 and section 41.”.
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23.
Amendment of section 56.—In section 56 of the principal
Act,—
(i) in sub-section (1), after the proviso, the following proviso
shall be inserted, namely :—
“Provided further that no certificate of fitness shall be
granted to a vehicle, after such date as may be notified by
the Central Government, unless such vehicle has been
tested at an automated testing station.” ;
(ii) for sub-section (2), the following sub-section shall be
substituted, namely :—
“(2) The “authorised testing station” referred to in sub-
section (1) means any facility, including automated testing
facilities, authorised by the State Government, where fitness
testing may be conducted in accordance with the rules
made by the Central Government for recognition, regulation
and control of such stations.” ;
(iii) in sub-section (4), for the proviso, the following provisos
shall be substituted, namely :—
“Provided that no such cancellation shall be made by the
prescribed authority unless,—
(a) Such prescribed authority holds such technical
qualification as may be prescribed by the Central
Government and where the prescribed authority does
not hold the technical qualification, such cancellation
is made on the basis of the report of an officer having
such qualification ; and
(b) the reasons recorded in writing cancelling a certificate
of fitness are confirmed by an authorised testing
station chosen by the owner of the vehicle whose
certificate of fitness is sought to be cancelled :
Provided further that if the cancellation is confirmed
by the authorised testing station, the cost of
undertaking the test shall be borne by the owner of
the vehicle being tested and in the alternative by the
prescribed authority.” ;
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(iv) after sub-section (5), the following sub-sections shall
be inserted, namely :—
“(6) All transport vehicles with a valid certificate of
fitness issued under this section shall carry, on their
bodies, in a clear and visible manner such
distinguishing mark as may be prescribed by the
Central Government.
(7) Subject to such conditions as the Central
Government may prescribe, the provisions of this
section may be extended to non-transport vehicles.”.
24.
Amendment of section 59.—In section 59 of the principal
Act, after sub-section (3), the following sub-section shall be inserted,
namely :—
“(4) The Central Government may, having regard to the public
safety, convenience, protection of the environment and the
objects of this Act, make rules prescribing the manner of
recycling of motor vehicles and parts thereof which have
exceeded their life.”.
25.
Insertion of new sections 62A and 62B.—After section 62
in the principal Act, the following sections shall be inserted, namely :—
“62A.
Prohibition of registration and issuance of certificate
of fitness to oversized vehicles.—(1) No registering authority
shall register any motor vehicle that contravenes any rule made
under clause (a) of sub-section (1) of section 110.
(2) No prescribed authority or authorised testing station shall
issue a certificate of fitness under section 56 to any motor
vehicle that contravenes any rule made under section 110.
62B. National Register of Motor Vehicles.—(1) The Central
Government shall maintain a National Register of Motor Vehicles
in such form and manner as may be prescribed by it :
Provided that all State Registers of Motor Vehicles shall be
subsumed under the National Register of Motor Vehicles by
such date as may be notified in the Official Gazette by the
Central Government.
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(2) No certificate of registration issued, or renewed, under this
Act shall be valid unless it has been issued a unique registration
number under the National Register of Motor Vehicles.
(3) In order to maintain the National Register of Motor
Vehicles, all State Governments and registering authorities
under this Act shall transmit all information and data in the
State Register of Motor Vehicles to the Central Government in
such form and manner as may be prescribed by the Central
Government.
(4) State Governments shall be able to access the National
Register of Motor Vehicles and update records in accordance
with the provisions of this Act and the rules made by the
Central Government thereunder.”.
26.
Substitution of new section for section 63.—For section 63
of the principal Act, the following section shall be substituted,
namely :—
“63. Maintenance of State Registers of motor vehicles.—Each
State Government shall maintain in such form as may be
prescribed by the Central Government a register to be known
as the State Register of Motor Vehicles, in respect of the motor
vehicles in that State, containing the particulars including—
(a) registration numbers ;
(b) years of manufacture ;
(c) classes and types ;
(d) names and addresses of registered owners ; and
(e) such other particulars as may be prescribed by the Central
Government.”.
27.
Amendment of section 64.—In section 64 of the principal
Act,—
(i) after clause (d), the following clause shall be inserted,
namely :—
“(da) providing for the period of validity of a certificate of
registration under sub-section (7) of section 41 ;” ;
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(ii) after clause (e), the following clause shall be inserted,
namely :—
“(ea) the period of renewal of certificate of registration of
different types of motor vehicles under sub-section (10) of
section 41 ;” ;
(iii) after clause (f), the following clauses shall be inserted,
namely :—
“(fa) the issue of temporary certificate of registration and
temporary registration mark under section 43 ;
(fb) the terms and conditions under which a motor vehicle
sold by an authorised dealer shall not require production
before a registering authority under sub-section (1) of
section 44 ;” ;
(iv) after clause (j), the following clause shall be inserted,
namely :—
“(ja) the form and manner for the electronic submission of
the intimation of change of address, documents to be
submitted along with such intimation including proof of
authentication under sub-section (1A) of section 49 ;” ;
(v) after clause (l), the following clauses shall be inserted,
namely :—
“(la) specifications, conditions for approval, retrofitment and
other related matters for the alteration of motor vehicles
under sub-section (1) of section 52 ;
(lb) the conditions for the alteration of any motor
vehicle into an adapted vehicle under sub-section (2) of
section 52 ;” ;
(vi) after clause (n), the following clauses shall be inserted,
namely :—
“(na) the distinguishing mark to be carried on the body of
transport vehicles under sub-section (6) of section 56 ;
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(nb) the conditions under which the application of section
56 may be extended to non-transport vehicles under sub-
section (7) of section 56 ;\
(nc) the recycling of motor vehicles and parts thereof
which have exceeded their life under sub-section (4) of
section 59 ;” ;
(vii) after clause (o), the following clauses shall be inserted,
namely :—
“(oa) all or any of the matters under sub-section (1) of
section 62B ;
(ob) all or any of the matters under sub-section (1) and
sub-section (2) of section 63 ;”.
28.
Amendment of section 65.—In section 65 of the principal
Act, in sub-section (2),—
(i) in clause (f), after the word “marks”, the words and figures
“under the proviso to section 43” shall be inserted ;
(ii) clause (o) shall be omitted.
29.
Amendment of section 66.—In section 66 of the principal
Act,––
(i) in sub-section (1), after the third proviso, the following
proviso shall be inserted, namely :—
“Provided also that where a transport vehicle has been
issued any permit or permits, as well as a licence under
this Act, such vehicle may be used either under the permit,
or permits, so issued to it, or under such licence, at the
discretion of the vehicle owner.” ;
(ii) in sub-section (3), after clause (p), the following clause
shall be inserted, namely :—
“(q) to any transport vehicle having been issued a licence
under a scheme, under sub-section (3) of section 67 or
sub-section (1) of section 88A, or plying under such orders
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as may be issued by the Central Government or by the
State Government.”.
30.
Insertion of new sections 66A and 66B.—After section 66
of the principal Act, the following sections shall be inserted, namely :—
“66A. National Transportation Policy.—The Central
Government may develop a National Transportation Policy
consistent with the objects of this Act in concurrence with the
State Governments and other agencies with a view to—
(i) establish a planning framework for passengers and goods
transportation within which transport bodies are to operate ;
(ii) establish a medium and long term planning framework for
all forms of road transport, identify areas for the
development of transport improvement infrastructure across
India in consultation with the authorities and agencies
related to ports, railways and aviation as well as with local
and State level planning, land holding and regulatory
authorities for the delivery of an integrated multimodal
transport system ;
(iii) establish the framework of grant of permits and schemes ;
(iv) establish strategic policy for transport by road and its role
as a link to other means of transport ;
(v) identify strategic policies and specify priorities for the
transport system that address current and future challenges ;
(vi) provide medium to long term strategic directions, priorities
and actions ;
(vii) promote competition, innovation, increase in capacity,
seamless mobility and greater efficiency in transport of
goods or livestock or passengers, and economical use of
resources ;
(viii) safeguard the interest of the public and promote equity,
while seeking to enhance private participation and public-
private partnership in the transport sector ;
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(ix) demonstrate an integrated approach to transport and land
use planning ;
(x) identify the challenges that the National Transportation Policy
seeks to address ; and
(xi) address any other matter deemed relevant by the Central
Government.
66B. No bar against permit holders to apply and hold licences
under schemes.—No person who holds the permit issued under
this Act shall—
(a) be disqualified from applying for a licence under the
scheme made under sub-section (3) of section 67 or sub-
section (1) of section 88A by reason of holding such permit
; and
(b) be required to get such permit cancelled on being issued
a licence under any scheme made under this Act.”.
31.
Amendment of section 67.—In section 67 of the principal
Act,—
(i) for sub-section (1), the following sub-section shall be
substituted, namely :—
“(1) A State Government, having regard to—
(a) the advantages offered to the public, trade and industry
by the development of motor transport ;
(b) the desirability of co-ordinating road and rail transport
;
(c) the desirability of preventing the deterioration of the
road system, and
(d) promoting effective competition among the transport
service providers, may, from time to time, by notification
in the Official Gazette issue directions both to the
State Transport Authority and Regional Transport
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Authority regarding the passengers’ convenience,
economically competitive fares, prevention of
overcrowding and road safety.” ;
(ii) in sub-section (2), the following proviso shall be inserted,
namely :—
“Provided that the State Government may subject to such
conditions as it may deem fit, and with a view to achieving
the objectives specified in clause (d) of sub-section (1),
relax all or any of the provisions made under this Chapter.” ;
(iii) after sub-section (2), the following sub-sections shall be
inserted, namely :—
“(3) Notwithstanding anything contained in this Act, the
State Government may, by notification in the Official
Gazette, modify any permit issued under this Act or make
schemes for the transportation of goods and passengers
and issue licences under such scheme for the promotion of
development and efficiency in transportation—
(a) last mile connectivity ;
(b) rural transport ;
(c) reducing traffic congestion ;
(d) improving urban transport ;
(e) safety of road users ;
(f) better utilisation of transportation assets ;
(g) the enhancement of economic vitality of the area,
through competitiveness, productivity and efficiency ;
(h) the increase in the accessibility and mobility of people ;
(i) the protection and enhancement of the environment ;
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(j) the promotion of energy conservation ;
(k) improvement of the quality of life ;
(l) enhance integration and connectivity of the
transportation system, across and between modes of
transport ; and
(m) such other matters as the Central Government may
deem fit.
(4) The scheme framed under sub-section (3), shall
specify the fees to be charged, form of application
and grant of a licence including the renewal,
suspension, cancellation or modification of such
licence.”.
32.
Amendment of section 72.—In section 72 of the principal
Act, in sub-section (2), the following proviso shall be inserted, namely :—
“Provided that the Regional Transport Authority may waive
any such condition for a stage carriage permit operating in a
rural area, as it deems fit.”.
33.
Amendment of section 74.—In section 74 of the principal
Act,—
(i) in sub-section (2), the following proviso shall be inserted,
namely :—
“Provided that the Regional Transport Authority may in the
interests of last mile connectivity waive any such condition
in respect of any such types of vehicles as may be specified
by the Central Government.” ;
(ii) in sub-section (3), in the proviso to clause (b), after
sub-clause (vi), the following sub-clause shall be inserted,
namely :—
“(vii) self-help groups.”.
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34.
Insertion of new section 88A.—After section 88 of the
principal Act, the following section shall be inserted, namely :—
“88A. Power of Central Government to make schemes for
national, multimodal and inter-State transport of passengers
and goods.—(1) Notwithstanding anything contained in this
Act, the Central Government may, by notification in the Official
Gazette, modify any permit issued under this Act or make
schemes for national, multimodal and inter-State transportation
of goods or passengers, and issue or modify licences under,
such scheme for the following purposes, namely :—
(a) last mile connectivity ;
(b) rural transport ;
(c) improving the movement of freight, and logistics ;
(d) better utilisation of transportation assets ;
(e) the enhancement to the economic vitality of the area,
especially by enabling competitiveness, productivity and
efficiency ;
(f) the increase in the accessibility and mobility of people ;
(g) the protection and enhancement of the environment ;
(h) the promotion of energy conservation ;
(i) improvement of the quality of life ;
(j) enhancement of the integration and connectivity of the
transportation system, across and between modes of
transport ; and
(k) such other matters as the Central Government may deem
fit :
Provided that the Central Government may, before taking
any action under this sub-section seek concurrence of the
State Governments.
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(2) Notwithstanding anything contained in sub-section (1),
two or more States may make schemes for the operation
within such States for the inter-State transportation of goods
or passengers :
Provided that in the event of any repugnancy between the
schemes made by the Central Government under sub-
section (1) and schemes made by two or more States under
this sub-section, the schemes made under sub-section (1)
shall prevail.".
35.
Amendment of section 92.—In section 92 of the principal
Act, for the words “stage carriage or contract carriage, in respect of
which a permit”, the words “transport vehicle, in respect of which a
permit or licence” shall be substituted.
36.
Amendment of section 93.—In section 93 of the principal
Act,—
(i) for the marginal heading, the following marginal heading
shall be substituted, namely :—
“Agent or canvasser or aggregator to obtain licence.” ;
(ii) in sub-section (1),—
(a) after clause (ii), the following clause shall be inserted,
namely :—
“(iii) as an aggregator,” ;
(b) the following provisos shall be inserted, namely :—
“Provided that while issuing the licence to an aggregator
the State Government may follow such guidelines as may
be issued by the Central Government :
Provided further that every aggregator shall comply
with the provisions of the Information Technology Act, 2000
(21 of 2000) and the rules and regulations made thereunder.”.
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37.
Amendment of section 94.—In section 94 of the principal
Act, after the word “permit” occurring at both the places the words
“or licence issued under any scheme” shall be inserted.
38.
Amendment of section 96.—In section 96 of the principal
Act, in sub-section (2), after clause (xxxii), the following clauses
shall be inserted, namely :—
“(xxxiia) framing of schemes under sub-section (3) of
section 67 ;
(xxxiib) the promotion of effective competition, passenger
convenience and safety, competitive fares and prevention of
overcrowding ;”.
39.
Amendment of section 110.—In section 110 of the principal
Act,—
(i) in sub-section (1), in clause (k), after the words “standards
of the components”, the words “, including software,” shall
be inserted ;
(ii) in sub-section (2), after the words “in particular
circumstances”, the words “and such rules may lay down
the procedure for investigation, the officers empowered to
conduct such investigations, the procedure for hearing of
such matters and the penalties to be levied thereunder”
shall be inserted ;
(iii) after sub-section (2), the following sub-section shall be
inserted, namely :—
“(2A) Persons empowered under sub-section (2) to conduct
investigations referred to in sub-section (2) shall have all
the powers of a civil court, while trying a suit under the
Code of Civil Procedure, 1908 (5 of 1908) in respect of
the following matters, namely :—
(a) summoning and enforcing the attendance of any
person and examining him on oath ;
(b) requiring the discovery and production of any
document ;
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(c) receiving evidence on affidavit ; and
(d) any other matter as may be prescribed.”.
40.
Insertion of new sections 110A and 110B.—After section
110 of the principal Act, the following sections shall be inserted,
namely :—
“110A. Recall of motor vehicles.—(1) The Central Government
may, by order, direct a manufacturer to recall motor vehicles
of a particular type or its variants, if—
(a) a defect in that particular type of motor vehicle may cause
harm to the environment or to the driver or occupants of
such motor vehicle or other road users ; and
(b) a defect in that particular type of motor vehicle has been
reported to the Central Government by—
(i) such percentage of owners, as the Central
Government, may by notification in the Official
Gazette, specify ; or
(ii) a testing agency ; or
(iii) any other source.
(2) Where the defect referred to in sub-section (1) lies in a
motor vehicle component, the Central Government may, by
order, direct a manufacturer to recall all motor vehicles which
contain such component, regardless of the type or variants of
such motor vehicle.
(3) A manufacturer whose vehicles are recalled under sub-
section (1) or sub-section (2), shall—
(a) reimburse the buyers for the full cost of the motor
vehicle, subject to any hire-purchase or lease-
hypothecation agreement ; or
(b) replace the defective motor vehicle with another motor
vehicle of similar or better specifications which
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complies with the standards specified under this Act
or repair it ; and
(c) pay such fines and other dues in accordance with
sub-section (6).
(4) Where a manufacturer notices a defect in a motor vehicle
manufactured by him, he shall inform the Central Government
of the defect and initiate recall proceedings and in such case
the manufacturer shall not be liable to pay fine under sub-
section (3).
(5) The Central Government may authorise any officer to
conduct investigation under this section who shall have all the
powers of a civil court, while trying a suit under the Code of
Civil Procedure, 1908 (5 of 1908) in respect of the following
matters, namely :—
(a) summoning and enforcing the attendance of any person
and examining him on oath ;
(b) requiring the discovery and production of any document ;
(c) receiving evidence on affidavit ; and
(d) any other matter as may be prescribed.
(6) The Central Government may make rules for regulating the
recall of motor vehicles, of a particular type or its variants, for
any defect which in the opinion of the Central Government,
may cause harm to the environment or to the driver or occupants
of such motor vehicle or to other road users.
110B. Type-approval certificate and testing agencies.—(1)
No motor vehicle, including a trailer or semi-trailer or modular
hydraulic trailer or side car shall be sold or delivered or offered
for sale or delivery or used in a public place in India unless
a type-approval certificate referred to in sub-section (2) has
been issued in respect of such vehicle :
Provided that the Central Government may, by notification in
the Official Gazette, extend the requirement of type-approval
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certificate to other vehicles drawn or intended to be drawn by
a motor vehicle :
Provided further that such certificate shall not be required for
vehicles which are—
(a) intended for export or display or demonstration or
exhibition ; or
(b) used by a manufacturer of motor vehicles or motor vehicle
components or a research and development centre or a test
by agency for testing and validation or for data collection,
inside factory premises or in a non-public place ; or
(c) exempted by the Central Government.
(2) The manufacturer or importer of motor vehicles including
trailers, semi-trailers, modular hydraulic trailers and side cars
shall submit the prototype of the vehicle to be manufactured
or imported for test to a testing agency for obtaining a type-
approval certificate by such agency.
(3) The Central Government shall make rules for the
accreditation, registration and regulation of testing agencies.
(4) The testing agencies shall conduct tests on vehicles drawn
from the production line of the manufacturer or obtained
otherwise to verify the conformity of such vehicles to the
provisions of this Chapter and the rules and regulations made
thereunder.
(5) Where the motor vehicle having a type-approval certificate
is recalled under section 110A, the testing agency which granted
the certificate to such motor vehicle shall be liable for its
accreditation and registration to be cancelled.”.
41.
Amendment of section 114.—In section 114 of the principal
Act, in sub-section (1), for the words “authorised in this behalf by the
State Government”, the words “or any other person authorised in this
behalf by the State Government” shall be substituted.
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42.
Amendment of section 116.—In section 116 of the principal
Act,—
(i) after sub-section (1), the following sub-section shall be
inserted, namely :—
“(1A) Notwithstanding anything contained in sub-section (1),
the National Highways Authority of India constituted under
the National Highways Authority of India Act, 1988 (68 of
1988) or any other agency authorised by the Central
Government, may cause or permit traffic signs, as provided in
the First Schedule, to be placed or erected or removed on
national highways for the purpose of regulating motor vehicle
traffic and may order the removal of any sign or advertisement
which in its opinion is so placed as to obscure any traffic sign
from view or is so similar in appearance to a traffic sign as to
mislead or is likely to distract the attention or concentration of
the driver :
Provided that for the purposes of this sub-section, the National
Highway Authority of India or any other agency authorised by
the Central Government may seek assistance from the
authorities of the State Government and the said State
Government shall provide such assistance.” ;
(ii) in sub-section (3), after the words, brackets and figure
“provided by sub-section (1)”, the words, brackets, figure
and letter “or sub-section (1A)” shall be inserted.
43.
Amendment of section 117.—In section 117 of the principal
Act, the following provisos shall be inserted, namely :—
“Provided that the State Government or the authorised authority
shall, give primacy to the safety of road users and the free
flow of traffic in determining such places :
Provided further that for the purpose of this section the National
Highways Authority of India, constituted under the National
Highways Authority of India Act, 1988 (68 of 1988) or any
other agency authorised by the Central Government, may also
determine such places.”.
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44.
Substitution of new section for section 129.—For section
129 of the principal Act, the following section shall be substituted,
namely :—
‘129. Wearing of protective headgear.—Every person, above
four years of age, driving or riding or being carried on a
motorcycle of any class or description shall, while in a public
place, wear protective headgear conforming to such standards
as may be prescribed by the Central Government :
Provided that the provisions of this section shall not apply to
a person who is a Sikh, if, while driving or riding on the
motorcycle, in a public place, he is wearing a turban :
Provided further that the Central Government may by rules
provide for measures for the safety of children below four
years of age riding or being carried on a motorcycle.
Explanation.—“Protective headgear” means a helmet which,—
(a) by virtue of its shape, material and construction, could
reasonably be expected to afford to the person driving or
riding on a motorcycle a degree of protection from injury
in the event of an accident ; and
(b) is securely fastened to the head of the wearer by means of
straps or other fastenings provided on the headgear.’.
45.
Insertion of new section 134A.—After section 134 of the
principal Act, the following section shall be inserted, namely :—
“134A. Protection of Good Samaritans.—(1) A Good Samaritan
shall not be liable for any civil or criminal action for any
injury to or death of the victim of an accident involving a
motor vehicle, where such injury or death resulted from the
Good Samaritan’s negligence in acting or failing to act while
rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the
procedure for questioning or examination of the Good
Samaritan, disclosure of personal information of the Good
Samaritan and such other related matters.
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Explanation.—For the purposes of this section, “Good Samaritan”
means a person, who in good faith, voluntarily and
without expectation of any reward or compensation
renders emergency medical or non-medical care or
assistance at the scene of an accident to the victim or
transports such victim to the hospital.".
46.
Amendment of section 135.—In section 135 of the principal
Act,—
(i) in sub-section (1),—
(a) in clause (c), the word “and” shall be omitted ;
(b) in clause (d), for the word “highways”, the words
“highways ; and” shall be substituted ; and
(ii) after clause (d), the following clause shall be inserted,
namely :—
“(e) any other amenities in the interests of the safety and
the convenience of the public.” ;
(iii) after sub-section (2), the following sub-section shall be
inserted, namely :—
“(3) The Central Government may, by notification in the
Official Gazette, make one or more schemes to conduct
in-depth studies on the causes and analysis of road
accidents.”.
47.
Insertion of new section 136A.—After section 136 of the
principal Act, the following section shall be inserted, namely :—
‘136A. Electronic monitoring and enforcement of road
safety.—(1) The State Government shall ensure electronic
monitoring and enforcement of road safety in the manner
provided under sub-section (2) on national highways, state
highways, roads or in any urban city within a State which has
a population up to such limits as may be prescribed by the
Central Government.
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(2) The Central Government shall make rules for the electronic
monitoring and enforcement of road safety including speed
cameras, closed-circuit television cameras, speed guns, body
wearable cameras and such other technology.
Explanation.—For the purpose of this section the expression “body
wearable camera” means a mobile audio and video
capture device worn on the body or uniform of a person
authorised by the State Government.’.
48.
Amendment of section 137.—In section 137 of the principal
Act,—
(i) after clause (a), the following clause shall be inserted,
namely :—
“(aa) providing for the standards of protective headgear
and measures for the safety of children below the age of
four years riding under section 129 ;” ;
(ii) after clause (b), the following clauses shall be inserted,
namely :—
“(c) providing for limits of urban city by the State
Governments under sub-section (1) of section 136A ; and
(d) providing for electronic monitoring and enforcement
under sub-section (2) of section 136A.”.
49.
Amendment of section 138.—In section 138 of the principal
Act, after sub-section (1), the following sub-section shall be inserted,
namely :—
“(1A) The State Government may, in the interest of road safety,
make rules for the purposes of regulating the activities and
access of non-mechanically propelled vehicles and pedestrians
to public places and national highways :
Provided that in the case of national highways, such rules
shall be framed in consultation with the National Highways
Authority of India.”.
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50.
Omission of Chapter X.—Chapter X in the principal Act
shall be omitted.
51.
Substitution of new Chapter XI for Chapter XI.—For Chapter
XI of the principal Act, the following Chapter shall be substituted,
namely :—
‘CHAPTER XI
Insurance of Motor Vehicles Against Third Party Risks
145.
Definitions.—In this Chapter,—
(a) “authorised insurer” means an insurer for the time being
carrying on general insurance business in India and granted
a certificate of registration by the Insurance Regulatory
and Development Authority of India established under
section 3 of the Insurance Regulatory and Development
Authority Act, 1999 (41 of 1999) and any Government
insurance fund authorised to do general insurance business
under the General Insurance Business (Nationalisation) Act,
1972 (57 of 1972) ;
(b) “certificate of insurance” means a certificate issued by an
authorised insurer in pursuance of section 147 and includes
a cover note complying with such requirements as may be
prescribed, and where more than one certificate has been
issued in connection with a policy, or where a copy of a
certificate has been issued, all those certificates or that
copy, as the case may be ;
(c) “grievous hurt” shall have the same meaning as assigned
to it in section 320 of the Indian Penal Code (45 of 1860) ;
(d) “hit and run motor accident” means an accident arising
out of the use of a motor vehicle or motor vehicles the
identity whereof cannot be ascertained in spite of
reasonable efforts for the purpose ;
(e) “Insurance Regulatory and Development Authority” means
the Insurance Regulatory and Development Authority
established under section 3 of the Insurance Regulatory
and Development Authority Act, 1999 (41 of 1999) ;
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(f) “policy of insurance” includes certificate of insurance ;
(g) “property” includes roads, bridges, culverts, causeways,
trees, posts, milestones and baggage of passengers and
goods carried in any motor vehicle ;
(h) “reciprocating country” means any such country as may
on the basis of reciprocity be notified by the Central
Government in the Official Gazette to be a reciprocating
country for the purposes of this Act ;
(i) “third party” includes the Government, the driver and any
other co-worker on a transport vehicle.
146.
Necessity for insurance against third party risks.—(1) No
person shall use, except as a passenger, or cause or allow any other
person to use, a motor vehicle in a public place, unless there is in
force, in relation to the use of the vehicle by that person or that other
person, as the case may be, a policy of insurance complying with the
requirements of this Chapter :
Provided that in the case of a vehicle carrying, or meant to carry,
dangerous or hazardous goods, there shall also be a policy of insurance
under the Public Liability Insurance Act, 1991 (6 of 1991).
Explanation.—For the purposes of this sub-section, a person driving
a motor vehicle merely as a paid employee, while there
is in relation to the use of the vehicle no such policy
in force as is required by this sub-section, shall not be
deemed to act in contravention of the sub-section unless
he knows or has reason to believe that there is no such
policy in force.
(2) The provisions of sub-section (1) shall not apply to any vehicle
owned by the Central Government or a State Government and used for
purposes not connected with any commercial enterprise.
(3) The appropriate Government may, by order, exempt from the
operation of sub-section (1), any vehicle owned by any of the following
authorities, namely :—
(a) the Central Government or a State Government, if the
vehicle is used for purposes connected with any commercial
enterprise ;
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(b) any local authority ;
(c) any State Transport Undertaking :
Provided that no such order shall be made in relation to
any such authority unless a fund has been established and
is maintained by that authority in such manner as may be
prescribed by appropriate Government.
Explanation.—For the purposes of this sub-section, “appropriate
Government” means the Central Government or a State
Government, as the case may be, and—
(i) in relation to any corporation or company owned by the
Central Government or any State Government, means the
Central Government or that State Government ;
(ii) in relation to any corporation or company owned by the
Central Government and one or more State Governments,
means the Central Government ;
(iii) in relation to any other State Transport Undertaking or any
local authority, means that Government which has control
over that undertaking or authority.
147.
Requirement of policies and limits of liability.—(1) In order
to comply with the requirements of this Chapter, a policy of insurance
must be a policy which—
(a) is issued by a person who is an authorised insurer ; and
(b) insures the person or classes of persons specified in the
policy to the extent specified in sub-section (2)—
(i) against any liability which may be incurred by him in
respect of the death of or bodily injury to any person
including owner of the goods or his authorised
representative carried in the motor vehicle or damage to
any property of a third party caused by or arising out of
the use of the motor vehicle in a public place ;
(ii) against the death of or bodily injury to any passenger of
a transport vehicle, except gratuitous passengers of a goods
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vehicle, caused by or arising out of the use of the motor
vehicle in a public place.
Explanation.—For the removal of doubts, it is hereby clarified that the
death of or bodily injury to any person or damage to
any property of a third party shall be deemed to have
been caused by or to have arisen out of, the use of a
vehicle in a public place, notwithstanding that the person
who is dead or injured or the property which is damaged
was not in a public place at the time of the accident,
if the act or omission which led to the accident occurred
in a public place.
(2) Notwithstanding anything contained under any other law for
the time being in force, for the purposes of third party insurance
related to either death of a person or grievous hurt to a person, the
Central Government shall prescribe a base premium and the liability
of an insurer in relation to such premium for an insurance policy
under sub-section (1) in consultation with the Insurance Regulatory
and Development Authority.
(3) A policy shall be of no effect for the purposes of this Chapter
unless and until there is issued by the insurer in favour of the person
by whom the policy is effected, a certificate of insurance in the
prescribed form and containing the prescribed particulars of any
condition subject to which the policy is issued and of any other
prescribed matters ; and different forms, particulars and matters may
be prescribed in different cases.
(4) Notwithstanding anything contained in this Act, a policy of
Insurance issued before the commencement of the Motor Vehicles
(Amendment) Act, 2019 shall be continued on the existing terms under
the contract and the provisions of this Act shall apply as if this Act
had not been amended by the said Act.
(5) Where a cover note issued by the insurer under the provisions
of this Chapter or the rules or regulations made thereunder is not
followed by a policy of insurance within the specified time, the insurer
shall, within seven days of the expiry of the period of the validity of
the cover note, notify the fact to the registering authority or to such
other authority as the State Government may prescribe.
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(6) Notwithstanding anything contained in any other law for the
time being in force, an insurer issuing a policy of insurance under this
section shall be liable to indemnify the person or classes of persons
specified in the policy in respect of any liability which the policy
purports to cover in the case of that person or those classes of persons.
148.
Validity of policies of insurance issued in reciprocating
countries.—Where, in pursuance of an arrangement between India and
any reciprocating country, the motor vehicle registered in the
reciprocating country operates on any route or within any area common
to the two countries and there is in force in relation to the use of the
vehicle in the reciprocating country, a policy of insurance complying
with the requirements of the law of insurance for the time being in
force in that country, then, notwithstanding anything contained in section
147 but subject to any rules which may be made under section 164B
such policy of insurance shall be effective throughout the route or area
in respect of which the arrangement has been made, as if the policy
of insurance had complied with the requirements of this Chapter.
149.
Settlement by insurance company and procedure
therefor.—(1) The insurance company shall, upon receiving information
of the accident, either from claimant or through accident information
report or otherwise, designate an officer to settle the claims relating to
such accident.
(2) An officer designated by the insurance company for processing
the settlement of claim of compensation may make an offer to the
claimant for settlement before the Claims Tribunal giving such details,
within thirty days and after following such procedure as may be
prescribed by the Central Government.
(3) If, the claimant to whom the offer is made under sub-section
(2),—
(a) accepts such offer,—
(i) the Claims Tribunal shall make a record of such
settlement, and such claim shall be deemed to be
settled by consent ; and
(ii) the payment shall be made by the insurance company
within a maximum period of thirty days from the
date of receipt of such record of settlement ;
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(b) rejects such offer, a date of hearing shall be fixed by the
Claims Tribunal to adjudicate such claim on merits.
150.
Duty of insurers to satisfy judgments and awards against
persons insured in respect of third party risks.—(1) If, after a certificate
of insurance has been issued under sub-section (3) of section 147 in
favour of the person by whom a policy has been effected, judgment
or award in respect of any such liability as is required to be covered
by a policy under clause (b) of sub-section (1) of section 147 (being
a liability covered by the terms of the policy) or under the provisions
of section 164 is obtained against any person insured by the policy,
then, notwithstanding that the insurer may be entitled to avoid or
cancel or may have avoided or cancelled the policy, the insurer shall,
subject to the provisions of this section, pay to the person entitled to
the benefit of the award any sum not exceeding the sum assured
payable thereunder, as if that person were the decree holder, in respect
of the liability, together with any amount payable in respect of costs
and any sum payable in respect of interest on that sum by virtue of
any enactment relating to interest on judgments.
(2) No sum shall be payable by an insurer under sub-section (1)
in respect of any judgment or award unless, before the commencement
of the proceedings in which the judgment or award is given the insurer
had notice through the court or, as the case may be, the Claims Tribunal
of the bringing of the proceedings, or in respect of such judgment or
award so long as its execution is stayed pending an appeal ; and an
insurer to whom notice of the bringing of any such proceedings is so
given shall be entitled to be made a party thereto, and to defend the
action on any of the following grounds, namely :—
(a) that there has been a breach of a specified condition of the
policy, being one of the following conditions, namely :––
(i) a condition excluding the use of the vehicle—
(A) for hire or reward, where the vehicle is on the
date of the contract of insurance a vehicle not covered
by a permit to ply for hire or reward ; or
(B) for organised racing and speed testing ; or
(C) for a purpose not allowed by the permit under
which the vehicle is used, where the vehicle is a
transport vehicle ; or
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(D) without side-car being attached where the vehicle
is a two-wheeled vehicle ; or
(ii) a condition excluding driving by a named person or by any
person who is not duly licenced or by any person who has
been disqualified for holding or obtaining a driving licence
during the period of disqualification or driving under the
influence of alcohol or drugs as laid down in section 185
; or
(iii) a condition excluding liability for injury caused or contributed
to by conditions of war, civil war, riot or civil commotion ;
or
(b) that the policy is void on the ground that it was obtained
by non-disclosure of any material fact or by
representation of any fact which was false in some
material particular ; or
(c) that there is non-receipt of premium as required under
section 64VB of the Insurance Act, 1938 (4 of 1938).
(3) Where any such judgment or award as is referred to in sub-
section (1) is obtained from a court in a reciprocating country and in
the case of a foreign judgment is, by virtue of the provisions of section
13 of the Code of Civil Procedure, 1908 (5 of 1908) conclusive as to
any matter adjudicated upon by it, the insurer (being an insurer
registered under the Insurance Act, 1938 (4 of 1938) and whether or
not that person is registered under the corresponding law of the
reciprocating country) shall be liable to the person entitled to the
benefit of the decree in the manner and to the extent specified in
sub-section (1), as if the judgment or award were given by a court in
India :
Provided that no sum shall be payable by the insurer in respect
of any such judgment or award unless, before the commencement of
the proceedings in which the judgment or award is given, the insurer
had notice through the court concerned of the bringing of the
proceedings and the insurer to whom notice is so given is entitled
under the corresponding law of the reciprocating country, to be made
a party to the proceedings and to defend the action on grounds similar
to those specified in sub-section (2).
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(4) Where a certificate of insurance has been issued under sub-
section (3) of section 147 to the person by whom a policy has been
effected, so much of the policy as purports to restrict the insurance of
the persons insured thereby, by reference to any condition other than
those in sub-section (2) shall, as respects such liabilities as are required
to be covered by a policy under clause (b) of sub-section (1) of section
147, be of no effect.
(5) No insurer to whom the notice referred to in sub-section (2)
or sub-section (3) has been given shall be entitled to avoid his liability
to any person entitled to the benefit of any such judgment or award as
is referred to in sub-section (1) or in such judgment as is referred to
in sub-section (3) otherwise than in the manner provided for in sub-
section (2) or in the corresponding law of the reciprocating country,
as the case may be.
(6) If on the date of filing of any claim, the claimant is not aware
of the insurance company with which the vehicle had been insured, it
shall be the duty of the owner of the vehicle to furnish to the tribunal
or court the information as to whether the vehicle had been insured on
the date of the accident, and if so, the name of the insurance company
with which it is insured.
Explanation.—For the purposes of this section,—
(a) “award” means an award made by the Claims Tribunal
under section 168 ;
(b) “Claims Tribunal” means a Claims Tribunal constituted
under section 165 ;
(c) “liability covered by the terms of the policy” means the
liability which is covered by the policy or which would be
so covered but for the fact that the insurer is entitled to
avoid or cancel or has avoided or cancelled the policy ;
and
(d) “material fact” and “material particular” mean, respectively,
a fact or particular of such a nature as to influence the
judgment of a prudent insurer in determining whether he
shall take the risk and, if so, at what premium and on what
conditions.
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151.
Rights of third party against insurers on insolvency of
insured.—(1) Where under any contract of insurance affected in
accordance with the provisions of this Chapter, a person is insured
against liabilities which he may incur to third party, then—
(a) in the event of the person becoming insolvent or making
a composition or arrangement with his creditors ; or
(b) where the insured person is a company, in the event of a
winding-up order being made or a resolution for a voluntary
winding-up being passed with respect to the company or of
a receiver or manager of the company’s business or
undertaking being duly appointed, or of possession being
taken by or on behalf of the holders of any debentures
secured by a floating charge of any property comprised in
or subject to the charge, if, either before or after that event,
any such liability is incurred by the insured person his
rights against the insurer under the contract in respect of
the liability shall, notwithstanding anything to the contrary
in any provision of law, be transferred to and vest in the
third party to whom the liability was so incurred.
(2) Where an order for the administration of the estate of a
deceased debtor is made according to the law of insolvency, then, if
any debt provable in insolvency is owing by the deceased in respect
of a liability to a third party against which he was insured under a
contract of insurance in accordance with the provisions of this Chapter,
the deceased debtor’s rights against the insurer in respect of that
liability shall, notwithstanding anything to the contrary in any provision
of law, be transferred to and vest in the person to whom the debt is
owing.
(3) Any condition in a policy issued for the purposes of this
Chapter purporting, either directly or indirectly, to avoid the policy or
to alter the rights of the parties thereunder upon the happening to the
insured person of any of the events specified in clause (a) or clause
(b) of sub-section (1) or upon the making of an order for the
administration of the estate of a deceased debtor according to the law
of insolvency, shall be of no effect.
(4) Upon a transfer under sub-section (1) or sub-section (2), the
insurer shall be under the same liability to the third party as he would
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have been to the insured person, but—
(a) if the liability of the insurer to the insured person exceeds
the liability of the insured person to the third party, nothing
in this Chapter shall affect the rights of the insured person
against the insurer in respect of the excess amount ; and
(b) if the liability of the insurer to the insured person is less
than the liability of the insured person to the third party,
nothing in this Chapter shall affect the rights of the third
party against the insured person in respect of the balance
amount.
152.
Duty to give information as to insurance.—(1) No person
against whom a claim is made in respect of any liability referred to
in clause (b) of sub-section (1) of section 147 shall, on demand by or
on behalf of the person making the claim, refuse to state whether or
not he was insured in respect of that liability by any policy issued
under the provisions of this Chapter, or would have been so insured
if the insurer had not avoided or cancelled the policy, nor shall he
refuse, if he was or would have been so insured, to give such particulars
with respect to that policy as were specified in the certificate of
insurance issued in respect thereof.
(2) In the event of any person becoming insolvent or making an
arrangement with his creditors or in the event of an order being made
for the administration of the estate of a deceased person according to
the law of insolvency, or in the event of a winding-up order being
made or a resolution for a voluntary winding-up being passed with
respect to any company or of a receiver or manager of the company’s
business or undertaking being duly appointed or of possession being
taken by or on behalf of the holders of any debentures secured by a
floating charge on any property comprised in or subject to the charge,
it shall be the duty of the insolvent debtor, personal representative of
the deceased debtor or company, as the case may be, or the official
assignee or receiver in insolvency, trustee, liquidator, receiver or
manager, or person in possession of the property to give, on the request
of any person claiming that the insolvent debtor, deceased debtor or
company is under such liability to him as is covered by the provision
of this Chapter, such information as may reasonably be required by
him for the purpose of ascertaining whether any rights have been
transferred to and vested in him by section 151 and for the purpose
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of enforcing such rights, if any, and any such contract of insurance as
purports whether directly or indirectly to avoid the contract or to alter
the rights of the parties thereunder upon the giving of such information
in the events aforesaid, or otherwise to prohibit or prevent the giving
thereof in the said events, shall be of no effect.
(3) If, from the information given to any person in pursuance of
sub-section (2) or otherwise, he has reasonable ground for supporting
that there have or may have been transferred to him under this Chapter
rights against any particular insurer, that insurer shall be subject to the
same duty as is imposed by the said sub-section on the persons therein
mentioned.
(4) The duty to give the information imposed by this section
shall include a duty to allow all contracts of insurance, receipts for
premiums, and other relevant documents in the possession or power
of the person on whom the duty is so imposed to be inspected and
copies thereof to be taken.
153.
Settlement between insurers and insured persons.—(1)
No settlement made by an insurer in respect of any claim which might
be made by a third party in respect of any liability of the nature
referred to in clause (b) of sub-section (1) of section 147 shall be valid
unless such third party is a party to the settlement.
(2) The Claims Tribunal shall ensure that the settlement is
bona fide and was not made under undue influence and the
compensation is made in accordance with the payment schedule referred
to in sub-section (1) of section 164.
(3) Where a person who is insured under a policy issued for the
purpose of this Chapter has become insolvent, or where, if such insured
person is a company, a winding-up order has been made or a resolution
for a voluntary winding-up has been passed with respect to the
company, no agreement made between the insurer and the insured
person after the liability has been incurred to a third party and after
the commencement of the insolvency or winding-up, as the case may
be, nor any waiver, assignment or other disposition made by or payment
made to the insured person after the commencement aforesaid, shall
be effective to defeat the rights transferred to the third party under
this Chapter ; but those rights shall be the same as if no such agreement,
waiver, assignment or disposition or payment has been made.
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154.
Saving in respect of sections 151, 152 and 153.—(1) For
the purposes of sections 151, 152 and 153, a reference to “liabilities
to third parties” in relation to a person insured under any policy of
insurance shall not include a reference to any liability of that person
in the capacity of insurer under some other policy of insurance.
(2) The provisions of sections 151, 152 and 153 shall not apply
where a company is wound-up voluntarily merely for the purposes of
reconstruction or of an amalgamation with another company.
155.
Effect of death on certain causes of action.—
Notwithstanding anything contained in section 306 of the Indian
Succession Act, 1925, (39 of 1925) the death of a person in whose
favour a certificate of insurance had been issued, if it occurs after the
happening of an event which has given rise to a claim under the
provisions of this Chapter, shall not be a bar to the survival of any
cause of action arising out of such event against his estate or against
the insurer.
156.
Effect of certificate of insurance.—When an insurer has
issued a certificate of insurance in respect of a contract of insurance
between the insurer and the insured person, then—
(a) if and so long as the policy described in the certificate has
not been issued by the insurer to the insured, the insurer
shall, as between himself and any other person except the
insured, be deemed to have issued to the insured person a
policy of insurance conforming in all respects with the
description and particulars stated in such certificate ; and
(b) if the insurer has issued to the insured the policy described
in the certificate, but the actual terms of the policy are less
favourable to persons claiming under or by virtue of the
policy against the insurer either directly or through the
insured than the particulars of the policy as stated in the
certificate, the policy shall, as between the insurer and any
other person except the insured, be deemed to be in terms
conforming in all respects with the particulars stated in
the said certificate.
157.
Transfer of certificate of insurance.—(1) Where a person,
in whose favour the certificate of insurance has been issued in
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accordance with the provisions of this Chapter, transfers to another
person the ownership of the motor vehicle in respect of which such
insurance was taken together with the policy of insurance relating
thereto, the certificate of insurance and the policy described in the
certificate shall be deemed to have been transferred in favour of the
person to whom the motor vehicle is transferred with effect from the
date of its transfer.
Explanation.—For the removal of doubts, it is hereby clarified that
such deemed transfer shall include transfer of rights
and liabilities of the said certificate of insurance and
policy of insurance.
(2) The transferee shall apply within fourteen days from the date
of transfer in the prescribed form to the insurer for making necessary
changes in regard to the fact of transfer in the certificate of insurance
and the policy described in the certificate in his favour, and the insurer
shall make the necessary changes in the certificate and the policy of
insurance in regard to the transfer of insurance.
158.
Production of certain certificates, licence and permit in
certain cases.—(1) Any person driving a motor vehicle in any public
place shall, on being so required by a police officer in uniform
authorised in this behalf by the State Government, produce—
(a) the certificate of insurance ;
(b) the certificate of registration ;
(c) the pollution under control certificate ;
(d) the driving licence ;
(e) in the case of a transport vehicle, also the certificate of
fitness referred to in section 56, and the permit ; and
(f) any certificate or authorisation of exemption that has been
granted under this Act, relating to the use of the vehicle.
(2) Where, owing to the presence of a motor vehicle in a public
place, an accident occurs involving death or bodily injury to another
person, if the driver of the vehicle does not at that time produce the
required certificate, driving licence and permit referred to in
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sub-section (1) to a police officer, he or the owner shall produce the
said certificates, licence and permit at the police station at which the
driver makes the report required by section 134.
(3) No person shall be liable to conviction for offences under sub-
section (1) or sub-section (2) by reason of the failure to produce the
required certificate if, within seven days from the date on which its
production was required under sub-section (1), or as the case may be,
from the date of occurrence of the accident, he produces the certificate
at such police station as may have been specified by him to the police
officer who required its production or, as the case may be, to the
police officer at the site of the accident or to the officer-in-charge of
the police station at which he reported the accident :
Provided that except to such extent and with such modifications
as may be prescribed, the provisions of this sub-section shall not
apply to the driver of a transport vehicle.
(4) The owner of a motor vehicle shall give such information as
he may be required by or on behalf of a police officer empowered in
this behalf by the State Government for the purpose of determining
whether the vehicle was or was not being driven in contravention of
section 146 and on any occasion when the driver was required under
this section to produce the certificate of insurance.
(5) In this section, the expression “produce the certificate of
insurance” means production for examination the relevant certificate
of insurance or such other evidence as may be prescribed to prove that
the vehicle was not being driven in contravention of section 146.
159.
Information to be given regarding accident.—The police
officer shall, during the investigation, prepare an accident information
report to facilitate the settlement of claim in such form and manner,
within three months and containing such particulars and submit the
same to the Claims Tribunal and such other agency as may be
prescribed.
160.
Duty to furnish particulars of vehicle involved in
accident.—A registering authority or the officer-in-charge of a police
station shall, if so required by a person who alleges that he is entitled
to claim compensation in respect of an accident arising out of the use
of a motor vehicle, or if so required by an insurer against whom a
claim has been made in respect of any motor vehicle, furnish to that
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person or to that insurer, as the case may be, on payment of the
prescribed fee, any information at the disposal of the said authority or
the said police officer relating to the identification marks and other
particulars of the vehicle and the name and address of the person who
was using the vehicle at the time of the accident or was injured by it
and the property, if any, damaged in such form and within such time
as the Central Government may prescribe.
161.
Special provisions as to compensation in case of hit
and run motor accident.—(1) Notwithstanding anything contained in
any other law for the time being in force or any instrument having the
force of law, the Central Government shall provide for paying in
accordance with the provisions of this Act and the scheme made under
sub-section (3), compensation in respect of the death of, or grievous
hurt to, persons resulting from hit and run motor accidents.
(2) Subject to the provisions of this Act and the scheme made
under sub-section (3), there shall be paid as compensation,—
(a) in respect of the death of any person resulting from a hit
and run motor accident, a fixed sum of two lakh rupees or
such higher amount as may be prescribed by the Central
Government ;
(b) in respect of grievous hurt to any person resulting from a
hit and run motor accident, a fixed sum of fifty thousand
rupees or such higher amount as may be prescribed by the
Central Government.
(3) The Central Government may, by notification in the Official
Gazette, make a scheme specifying the manner in which the scheme
shall be administered by the Central Government or General Insurance
Council, the form, manner and the time within which applications for
compensation may be made, the officers or authorities to whom such
applications may be made, the procedure to be followed by such officers
or authorities for considering and passing orders on such applications,
and all other matters connected with, or incidental to, the administration
of the scheme and the payment of compensation under this section.
(4) A scheme made under sub-section (3) may provide that,—
(a) a payment of such sum as may be prescribed by the Central
Government as interim relief to any claimant under such
scheme ;
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(b) a contravention of any provision thereof shall be punishable
with imprisonment which may extend to two years, or with
fine which shall not be less than twenty-five thousand
rupees but may extend to five lakh rupees or with both ;
(c) the powers, functions or duties conferred or imposed on
any officer or authority by such scheme may be delegated
with the prior approval in writing of Central Government,
by such officer or authority to any other officer or authority.
162.
Scheme for golden hour.—(1) Notwithstanding anything
contained in the General Insurance Companies (Nationalisation) Act,
1972 (57 of 1972) or any other law for the time being in force or any
instrument having the force of law, the insurance companies for the
time being carrying on general insurance business in India shall provide
in accordance with the provisions of this Act and the schemes made
under this Act for treatment of road accident victims, including during
the golden hour.
(2) The Central Government shall make a scheme for the cashless
treatment of victims of the accident during the golden hour and such
scheme may contain provisions for creation of a fund for such
treatment.
163.
Refund in certain cases of compensation paid under section
161.—(1) The payment of compensation in respect of the death of, or
grievous hurt to, any person under section 161 shall be subject to the
condition that if any compensation (hereafter in this sub-section referred
to as the other compensation) or other amount in lieu of or by way of
satisfaction of a claim for compensation is awarded or paid in respect
of such death or grievous hurt under any other provision of this Act
or any other law for the time being in force or otherwise, so much of
the other compensation or other amount aforesaid as is equal to the
compensation paid under section 161, shall be refunded to the insurer.
(2) Before awarding compensation in respect of an accident
involving the death of, or bodily injury to, any person arising out of
the use of a motor vehicle under any provision of this Act other than
section 161 or any other law for the time being in force, the Claims
Tribunal, court or other authority awarding such compensation shall
verify as to whether in respect of such death or bodily injury
compensation has already been paid under section 161 or an application
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for payment of compensation is pending under that section, and such
Tribunal, court or other authority shall—
(a) if compensation has already been paid under section 161,
direct the person liable to pay the compensation awarded
by it to refund to the insurer, so much thereof as is required
to be refunded in accordance with the provisions of sub-
section (1) ;
(b) if an application for payment of compensation is pending
under section 161 forward the particulars as to the
compensation awarded by it to the insurer.
Explanation.—For the purpose of this sub-section, an application for
compensation under section 161 shall be deemed to be
pending—
(i) if such application has been rejected, till the date of the
rejection of the application ; and
(ii) in any other case, till the date of payment of compensation
in pursuance of the application.
164.
Payment of compensation in case of death or grevious
hurt, etc.—(1) Notwithstanding anything contained in this Act or in
any other law for the time being in force or instrument having the
force of law, the owner of the motor vehicle or the authorised insurer
shall be liable to pay in the case of death or grievous hurt due to any
accident arising out of the use of motor vehicle, a compensation, of
a sum of five lakh rupees in case of death or of two and a half lakh
rupees in case of grievous hurt to the legal heirs or the victim, as the
case may be.
(2) In any claim for compensation under sub-section (1), the
claimant shall not be required to plead or establish that the death or
grievous hurt in respect of which the claim has been made was due
to any wrongful act or neglect or default of the owner of the vehicle
or of the vehicle concerned or of any other person.
(3) Where, in respect of death or grievous hurt due to an accident
arising out of the use of motor vehicle, compensation has been paid
under any other law for the time being in force, such amount of
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compensation shall be reduced from the amount of compensation
payable under this section.
164A.
Scheme for interim relief for claimants.—(1) The Central
Government, may make schemes for the provision of interim relief to
claimants praying for compensation under this Chapter.
(2) A scheme made under sub-section (1) shall also provide for
procedure to recover funds disbursed under such scheme from the
owner of the motor vehicle, where the claim arises out of the use of
such motor vehicle or other sources as may be prescribed by the
Central Government.
164B.
Motor Vehicle Accident Fund.—(1) The Central
Government shall constitute a Fund to be called the Motor Vehicle
Accident Fund and thereto shall be credited—
(a) payment of a nature notified and approved by the Central
Government ;
(b) any grant or loan made to the Fund by the Central
Government ;
(c) the balance of the Fund created under scheme framed under
section 163, as it stood immediately before the
commencement of the Motor Vehicles (Amendment) Act,
2019 ; and
(d) any other source of income as may be prescribed by the
Central Government.
(2) The Fund shall be constituted for the purpose of providing
compulsory insurance cover to all road users in the territory of India.
(3) The Fund shall be utilised for the following, namely :—
(a) treatment of the persons injured in road accidents in
accordance with the scheme framed by the Central
Government under section 162 ;
(b) compensation to representatives of a person who died in
hit and run motor accident in accordance with schemes
framed under section 161 ;
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(c) compensation to a person grievously hurt in a hit and run
motor accident in accordance with schemes framed under
section 161 ; and
(d) compensation to such persons as may be prescribed by the
Central Government.
(4) The maximum liability amount that shall be paid in each case
shall be such as may be prescribed by the Central Government.
(5) In all cases specified in clause (a) of sub-section (3), when
the claim of such person becomes payable, where amount has been
paid out of this Fund to any person, the same amount shall be deductible
from the claim received by such person from the insurance company.
(6) The Fund shall be managed by such authority or agency as
the Central Government may specify having regard to the following :—
(a) knowledge of insurance business of the agency ;
(b) capability of the agency to manage funds ; and
(c) any other criteria as may be prescribed by the Central
Government.
(7) The Central Government shall maintain proper accounts and
other relevant records and prepare an annual statement of accounts of
the Fund in such form as may be prescribed by the Central Government
in consultation with the Comptroller and Auditor General of India.
(8) The accounts of the Fund shall be audited by the Comptroller
and Auditor General of India at such intervals as may be specified by
him.
(9) The Comptroller and Auditor General of India or any person
appointed by him in connection with the audit of the accounts of the
Fund under this Act shall have the same rights, privileges and authority
in connection with such audit of the Government accounts and, in
particular, shall have the right to demand the production of books,
accounts, connected vouchers and other documents and papers and to
inspect any of the offices of the Authority.
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(10) The accounts of the Fund, as certified by the Comptroller
and Auditor General of India or any other person appointed by him in
this behalf, together with the audit report thereon, shall be forwarded
annually to the Central Government and the Central Government shall
cause the same to be laid before each House of the Parliament.
(11) Any scheme framed under sub-section (3) of section 161, as
it stood immediately before the commencement of the Motor Vehicles
(Amendment) Act, 2019, shall be discontinued and all rights and liabilities
accruing thereunder shall be met out of the Fund with effect from the
date of commencement of this Act.
164C.
Power of Central Government to make rules.—(1) The
Central Government may make rules for the purposes of carrying into
effect, the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for—
(a) the forms to be used for the purposes of this Chapter
including,—
(i) the form of the insurance policy and the particulars it
shall contain as referred to in sub-section (3) of section
147 ;
(ii) the form for making changes in regard to the fact of
transfer in the certificate of insurance under sub-
section (2) of section 157 ;
(iii) the form in which the accident information report may
be prepared, the particulars it shall contain, the manner
and the time for submitting the report to the Claims
Tribunal and the other agency under section 159 ;
(iv) the form for furnishing information under section 160 ;
and
(v) the form of the annual statement of accounts for the
Motor Vehicle Accident Fund under sub-section (7) of
section 164B ;
(b) the making of applications for and the issue of certificates
of insurance ;
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(c) the issue of duplicates to replace certificates of insurance
lost, destroyed or mutilated ;
(d) the custody, production, cancellation and surrender of
certificates of insurance ;
(e) the records to be maintained by insurers of policies of
insurance issued under this Chapter ;
(f) the identification by certificates or otherwise of persons or
vehicles exempted from the provisions of this Chapter ;
(g) the furnishing of information respecting policies of
insurance by insurers ;
(h) adopting the provisions of this Chapter to vehicles brought
into India by persons making only a temporary stay therein
or to vehicles registered in a reciprocating country and
operating on any route or within any area in India by
applying those provisions with prescribed modifications ;
(i) the requirements which a certificate of insurance is required
to comply with as referred to in clause (b) of section 145 ;
(j) administration of the Fund established under sub-section
(3) of section 146 ;
(k) the minimum premium and the maximum liability of an
insurer under sub-section (2) of section 147 ;
(l) the conditions subject to which an insurance policy shall
be issued and other matters related thereto as referred to
in sub-section (3) of section 147 ;
(m) the details of settlement, the time limit for such settlement
and the procedure thereof under sub-section (2) of section
149 ;
(n) the extent of exemptions and the modifications under the
proviso to sub-section (3) of section 158 ;
(o) the other evidence under sub-section (5) of section 158 ;
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(p) such other agency to which the accident information report
as referred to in section 159 may be submitted ;
(q) the time limit and fee for furnishing information under section
160 ;
(r) the higher amount of compensation in respect of death
under clause (a) of sub-section (2) of section 161 ;
(s) a sum to be paid as interim relief as referred to in clause
(a) of sub-section (4) of section 161 ;
(t) the procedure for payment of compensation under sub-
section (1) of section 164 ;
(u) such other sources from which funds may be recovered
for the scheme as referred to in sub-section (2) of section
164A ;
(v) any other source of income that may be credited into the
Motor Vehicle Accident Fund under sub-section (1) of
section 164B ;
(w) the persons to whom compensation may be paid under
clause (d) of sub-section (3) of section 164B ;
(x) the maximum liability amount under sub-section (4) of section
164B ;
(y) the other criteria under clause (c) of sub-section (6) of
section 164B ;
(z) any other matter which is to be, or may be, prescribed or
in respect of which provision is to be made by rules.
164D.
Power of State Government to make rules.—(1) The
State Government may make rules for the purposes of carrying into
effect, the provisions of this Chapter other than the matters specified
in section 164C.
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(2) Without prejudice to the generality of the foregoing power,
such rules may provide for—
(a) the other authority under sub-section (5) of section 147 ;
and
(b) any other matter which is to be, or may be, prescribed, or
in respect of which provision is to be made by rules.”.
52.
Amendment of section 165.—In section 165 of the principal
Act, in the Explanation, for the words, figures and letter “section 140
and section 163A”, the word and figures “section 164” shall be
substituted.
53.
Amendment of section 166.—In section 166 of the principal
Act,—
(i) in sub-section (1), after the proviso, the following proviso
shall be inserted, namely :—
“Provided further that where a person accepts compensation
under section 164 in accordance with the procedure provided
under section 149, his claims petition before the Claims
Tribunal shall lapse.”.
(ii) in sub-section (2), the proviso shall be omitted ;
(iii) after sub-section (2), the following sub-section shall be
inserted, namely :—
“(3) No application for compensation shall be entertained
unless it is made within six months of the occurrence of
the accident.”.
(iv) in sub-section (4), for the words, brackets and figures “sub-
section (6) of section 158”, the word and figures “section
159” shall be substituted ;
(v) after sub-section (4), the following sub-section shall be
inserted, namely :—
“(5) Notwithstanding anything in this Act or any other law
for the time being in force, the right of a person to claim
compensation for injury in an accident shall, upon the
death of the person injured, survive to his legal
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representatives, irrespective of whether the cause of death
is relatable to or had any nexus with the injury or not.”.
54.
Amendment of section 168.—In section 168 of the principal
Act, in sub-section (1),—
(i) for the word and figures “section 162”, the word and figures
“section 163” shall be substituted ;
(ii) the proviso shall be omitted.
55.
Amendment of section 169.— In section 169 of the principal
Act, after sub-section (3), the following sub-section shall be inserted,
namely :—
“(4) For the purpose of enforcement of its award, the Claims
Tribunal shall also have all the powers of a Civil Court in the
execution of a decree under the Code of Civil Procedure, 1908,
(5 of 1908) as if the award were a decree for the payment of
money passed by such court in a civil suit.”.
56.
Amendment of section 170.—In section 170 of the principal
Act, for the word and figures “section 149” the word and figures
“section 150” shall be substituted.
57.
Amendment of section 173.—In section 173 of the principal
Act, in sub-section (2), for the words “ten thousand”, the words “one
lakh” shall be substituted.
58.
Amendment of section 177.—In section 177 of the principal
Act, for the words “one hundred rupees” and “three hundred rupees”,
the words “five hundred rupees” and “one thousand and five hundred
rupees” shall respectively be substituted.
59.
Insertion of section 177A.—After section 177 of the principal
Act, the following section shall be inserted, namely :—
“177A.
Penalty for contravention of regulations under section
118.—Whoever contravenes the regulations made under section
118, shall be punishable with fine which shall not be less than
five hundred rupees, but may extend to one thousand rupees.”.
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60.
Amendment of section 178.—In section 178 of the principal
Act, in sub-section (3), in clause (b), for the words “two hundred
rupees”, the words “five hundred rupees” shall be substituted.
61.
Amendment of section 179.—In section 179 of the principal
Act,—
(i) in sub-section (1), for the words “five hundred rupees”, the
words “two thousand rupees” shall be substituted ;
(ii) in sub-section (2), for the words “five hundred rupees”, the
words “two thousand rupees” shall be substituted.
62.
Amendment of section 180.—In section 180 of the principal
Act, for the words “which may extend to one thousand rupees”, the
words “of five thousand rupees” shall be substituted.
63.
Amendment of section 181.—In section 181 of the principal
Act, for the words “which may extend to five hundred rupees”, the
words “of five thousand rupees” shall be substituted.
64.
Amendment of section 182.—In section 182 of the principal
Act,—
(i) in sub-section (1), for the words “which may extend to five
hundred rupees”, the words “of ten thousand rupees” shall
be substituted ;
(ii) in sub-section (2), for the words “one hundred rupees”, the
words “ten thousand rupees” shall be substituted.
65.
Substitution of new section for section 182A.—For section
182A of the principal Act, the following sections shall be substituted,
namely :—
“182A.
Punishment for offences relating to construction,
maintenance, sale and alteration of motor vehicles and
components.—(1) Whoever, being a manufacturer, importer or
dealer of motor vehicles, sells or delivers or alters or offers to
sell or deliver or alter, a motor vehicle that is in contravention
of the provisions of Chapter VII or the rules and regulations
made thereunder, shall be punishable with imprisonment for a
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term which may extend to one year, or with fine of one lakh
rupees per such motor vehicle or with both :
Provided that no person shall be convicted under this section
if he proves that, at the time of sale or delivery or alteration
or offer of sale or delivery or alteration of such motor vehicle,
he had disclosed to the other party the manner in which such
motor vehicle was in contravention of the provisions of Chapter
VII or the rules and regulations made thereunder.
(2) Whoever, being a manufacturer of motor vehicles, fails to
comply with the provisions of Chapter VII or the rules and
regulations made thereunder, shall be punishable with
imprisonment for a term which may extend to one year or with
fine which may extend to one hundred crore rupees or with
both.
(3) Whoever, sells or offers to sell, or permits the sale of any
component of a motor vehicle which has been notified as a
critical safety component by the Central Government and which
does not comply with Chapter VII or the rules and regulations
made thereunder shall be punishable with imprisonment for a
term which may extend to one year or with fine of one lakh
rupees per such component or with both.
(4) Whoever, being the owner of a motor vehicle, alters a
motor vehicle, including by way of retrofitting of motor vehicle
parts, in a manner not permitted under the Act or the rules and
regulations made thereunder shall be punishable with
imprisonment for a term which may extend to six months, or
with fine of five thousand rupees per such alteration or with
both.
182B.
Punishment for contravention of section 62A.—
Whoever contravenes the provisions of section 62A, shall be
punishable with fine which shall not be less than five thousand
rupees, but may extend to ten thousand rupees.”.
66.
Amendment of section 183.—In section 183 of the principal
Act,—
(i) in sub-section (1),—
(a)
after the words “Whoever drives”, the words “or causes
any person who is employed by him or subjects someone
under his control to drive” shall be inserted ;
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(b) for the words “with fine which extend to four hundred
rupees, or, if having been previously convicted of an offence
under this sub-section is again convicted of an offence
under this sub-section, with fine which may extend to one
thousand rupees”, the following shall be substituted, namely
:—
“in the following manner, namely :—
(i) where such motor vehicle is a light motor vehicle with
fine which shall not be less than one thousand rupees
but may extend to two thousand rupees ;
(ii) where such motor vehicle is a medium goods vehicle
or a medium passenger vehicle or a heavy goods
vehicle or a heavy passenger vehicle with fine which
shall not be less than two thousand rupees, but may
extend to four thousand rupees ; and
(iii) for the second or any subsequent offence under this
sub-section the driving licence of such driver shall
be impounded as per the provisions of the sub-section
(4) of section 206.”.
(ii) sub-section (2) shall be omitted.
(iii) in sub-section (3), after the word “mechanical”, the words
“or electronic” shall be inserted.
(iv) in sub-section (4), for the word, brackets and figure “sub-
section (2)”, the word, brackets and figure “sub-section
(1)” shall be substituted.
67.
Amendment of section 184.—In section 184 of the principal
Act,—
(i) after the words “dangerous to the public”, the words “or
which causes a sense of alarm or distress to the occupants
of the vehicle, other road users, and persons near roads,”
shall be inserted ;
(ii) for the words “which may extend to six months or with
fine which may extend to one thousand rupees”, the words
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“which may extend to one year but shall not be less than
six months or with fine which shall not be less than one
thousand rupees but may extend to five thousand rupees,
or with both” shall be substituted ;
(iii) for the words “which may extend to two thousand rupees”,
the words “of ten thousand rupees” shall be substituted ;
(iv) the following Explanation shall be inserted, namely :—
“Explanation.—For the purpose of this section,—
(a) jumping a red light ;
(b) violating a stop sign ;
(c) use of handheld communications devices while driving ;
(d) passing or overtaking other vehicles in a manner contrary
to law ;
(e) driving against the authorised flow of traffic ; or
(f) driving in any manner that falls far below what would be
expected of a competent and careful driver and where it
would be obvious to a competent and careful driver that
driving in that manner would be dangerous,
shall amount to driving in such manner which is dangerous
to the public.”.
68.
Amendment of section 185.—In section 185 of the principal
Act,—
(i) in clause (a), after the words “breath analyser,”, the words
“or in any other test including a laboratory test,” shall be
inserted ;
(ii) for the words “which may extend to two thousand rupees”,
the words “of ten thousand rupees” shall be substituted ;
(iii) the words “if committed within three years of the
commission of the previous similar offence,” shall be
omitted ;
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(iv) for the words “which may extend to three thousand rupees”,
the words “of fifteen thousand rupees” shall be substituted ;
(v) for the Explanation, the following Explanation shall be
substituted, namely :–
‘Explanation.—For the purposes of this section, the expression “drug”
means any intoxicant other than alcohol, natural or
synthetic, or any natural material or any salt, or
preparation of such substance or material as may be
notified by the Central Government under this Act
and includes a narcotic drug and psychotropic
substance as defined in clause (xiv) and clause (xxiii)
of section 2 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (61 of 1985).’.
69.
Amendment of section 186.—In section 186 in the principal
Act, for the words “two hundred rupees” and “five hundred rupees”,
the words “one thousand rupees” and “two thousand rupees” shall
respectively be substituted.
70.
Amendment of section 187.—In section 187 of the principal
Act,—
(i) for the brackets and letter “(c)” the brackets and letter
“(a)” shall be substituted ;
(ii) for the words “three months”, the words “six months” shall
be substituted ;
(iii) for the words “which may extend to five hundred rupees”,
the words “of five thousand rupees” shall be substituted ;
(iv) for the words "six months", the words "one year" shall be
substituted ; and
(v) for the words “which may extend to one thousand rupees”,
the words “of ten thousand rupees” shall be substituted.
71.
Amendment of section 189.—In section 189 of the principal
Act,—
(i) for the words “one month”, the words “three months” shall
be substituted ;
(ii) for the words “which may extend to five hundred rupees”,
the words “of five thousand rupees” shall be substituted ;
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(iii) after the words “with both”, the words, “and for a
subsequent offence shall be punishable with imprisonment
for a term which may extend to one year, or with fine of
ten thousand rupees ; or with both.” shall be inserted.
72.
Amendment of section 190.—In section 190 of the principal
Act,—
(i) in sub-section (1),—
(a) for the words “which may extend to two hundred and
fifty rupees”, the words “of one thousand five hundred
rupees” shall be substituted ;
(b) for the words “which may extend to one thousand
rupees”, the words “of five thousand rupees” shall be
substituted ; and
(c) after the words “with both”, the words “and for a
subsequent offence shall be punishable with
imprisonment for a term which may extend to six
months, or with a fine of ten thousand rupees for
bodily injury or damage to property” shall be inserted.
(ii) in sub-section (2),—
(a) for the words “a fine of one thousand rupees”, the
words “imprisonment for a term which may extend to
three months, or with fine which may extend to ten
thousand rupees or with both and he shall be
disqualified for holding licence for a period of three
months” shall be substituted ; and
(b) for the words “a fine of two thousand rupees”, the
words “imprisonment for a term which may extend to
six months, or with fine which may extend to ten
thousand rupees or with both” shall be substituted ;
(iii) in sub-section (3),—
(a) for the words “which may extend to three thousand
rupees”, the words “with a fine of ten thousand rupees
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and he shall be disqualified for holding licence for a
period of three months” shall be substituted ; and
(b) for the words “which may extend to five thousand
rupees”, the words “of twenty thousand rupees” shall
be substituted.
73.
Omission of section 191.—Section 191 of the principal Act
shall be omitted.
74.
Amendment of section 192.—In section 192 of the principal
Act, the following Explanation shall be inserted, namely :—
“Explanation.—Use of a motor vehicle in contravention of the
provisions of section 56 shall be deemed to be a
contravention of the provisions of section 39 and shall
be punishable in the same manner as provided in
sub-section (1).”.
75.
Amendment of section 192A.—In section 192A of the
principal Act, in sub-section (1),—
(i) after the words “for the first offence with”, the words
“imprisonment for a term which may extend to six months
and” shall be inserted ;
(ii) for the words “which may extend to five thousand rupees
but shall not be less than two thousand rupees”, the words
“of ten thousand rupees” shall be substituted ;
(iii) for the words “three months”, the words “six months”
shall be substituted ;
(iv) for the words “which may extend to ten thousand rupees
but shall not be less than five thousand rupees”, the words
“of ten thousand rupees” shall be substituted.
76.
Insertion of new section 192B.—After section 192A of
the principal Act, the following section shall be inserted, namely :—
“192B.
Offences relating to registration.—(1) Whoever,
being the owner of a motor vehicle, fails to make an application for
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registration of such motor vehicle under sub-section (1) of
section 41 shall be punishable with fine of five times the annual
road tax or one-third of the lifetime tax of the motor vehicle
whichever is higher.
(2) Whoever, being a dealer, fails to make an application for
the registration of a new motor vehicle under the second proviso
to sub-section (1) of section 41 shall be punishable with fine
of fifteen times the annual road tax or the lifetime tax of the
motor vehicle whichever is higher.
(3) Whoever, being the owner of a motor vehicle, obtains a
certificate of registration for such vehicle on the basis of
documents which were, or by representation of facts which
was, false in any material particular, or the engine number or
the chassis number embossed thereon are different from such
number entered in the certificate of registration shall be
punishable with imprisonment for a term which shall not be
less than six months but may extend to one year and with fine
equal to ten times the amount of the annual road tax or two-
third the lifetime tax of the motor vehicle, whichever is higher.
(4) Whoever, being a dealer, obtains a certificate of registration
for such vehicle on the basis of documents which were, or by
representation of facts which was, false in any material
particular, or the engine number or the chassis number
embossed thereon are different from such number entered in
the certificate of registration shall be punishable with
imprisonment for a term which shall not be less than six months
but may extend to one year and with fine equal to ten times
the amount of annual road tax or two-third the lifetime tax of
the motor vehicle, whichever is higher.”.
77.
Amendment of section 192.—In the principal Act,—
(A) in section 193, in the marginal heading, for the words “agents
and canvassers”, the words “agents, canvassers and
aggregators” shall be substituted ;
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(B) section 193 shall be numbered as sub-section (1) thereof,
and—
(i) in sub-section (1) as so numbered,-—
(a) for the words “which may extend to one thousand
rupees”, the words “of one thousand rupees” shall be
substituted ;
(b) for the words “which may extend to two thousand
rupees”, the words “of two thousand rupees” shall be
substituted ;
(ii) after sub-section (1) as so numbered, the following sub-
sections shall be inserted, namely :—
“(2) Whoever engages himself as an aggregator in
contravention of the provisions of section 93 or of any
rules made thereunder shall be punishable with fine up to
one lakh rupees but shall not be less than twenty-five
thousand rupees.
(3) Whoever, while operating as an aggregator contravenes
a condition of the licence granted under sub-section (1) of
section 93, not designated by the State Government as a
material condition, shall be punishable with fine of five
thousand rupees.”.
78.
Amendment of section 194.—In section 194 of the principal
Act,—
(i) in sub-section (1),—
(a) the word “minimum” shall be omitted ;
(b) for the words “of two thousand rupees and an
additional amount of one thousand rupees per tonne
of excess load”, the words “of twenty thousand rupees
and an additional amount of two thousand rupees per
tonne of excess load” shall be substituted ;
(c) the following proviso shall be inserted, namely :—
“Provided that such motor vehicle shall not be allowed
to move before such excess load is removed or is
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caused or allowed to be removed by the person in
control of such motor vehicle.” ;
(ii) after sub-section (1), the following sub-section shall be
inserted, namely :—
“(1A) Whoever drives a motor vehicle or causes or allows
a motor vehicle to be driven when such motor vehicle is
loaded in such a manner that the load or any part thereof
or anything extends laterally beyond the side of the body
or to the front or to the rear or in height beyond the
permissible limit shall be punishable with a fine of twenty
thousand rupees, together with the liability to pay charges
for off-loading of such load :
Provided that such motor vehicle shall not be allowed to
move before such load is arranged in a manner such that
there is no extension of the load laterally beyond the side
of the body or to the front or to the rear or in height
beyond the permissible limit :
Provided further that nothing in this sub-section shall apply
when such motor vehicle has been given an exemption by
the competent authority authorised in this behalf, by the
State Government or the Central Government, allowing the
carriage of a particular load.” ;
(iii) in sub-section (2), for the words, “which may extend to
three thousand rupees”, the words “of forty thousand
rupees” shall be substituted.
79.
Insertion of new sections 194A, 194B, 194C, 194D, 194E
and 194F.—After section 194 of the principal Act, the following sections
shall be inserted, namely :—
“194A. Carriage of excess passengers.—Whoever drives a
transport vehicle or causes or allows a transport vehicle to be
driven while carrying more passengers than is authorised in the
registration certificate of such transport vehicle or the permit
conditions applicable to such transport vehicle shall be punishable
with a fine of two hundred rupees per excess passenger :
Provided that such transport vehicle shall not be allowed to
move before the excess passengers are off-loaded and an
alternative transport is arranged for such passengers.
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194B. Use of safety belts and the seating of children.—(1)
Whoever drives a motor vehicle without wearing a safety belt
or carries passengers not wearing seat belts shall be punishable
with a fine of one thousand rupees :
Provided that the State Government, may by notification in the
Official Gazette, exclude the application of this sub-section to
transport vehicles to carry standing passengers or other specified
classes of transport vehicles.
(2) Whoever drives a motor vehicle or causes or allows a
motor vehicle to be driven with a child who, not having attained
the age of fourteen years, is not secured by a safety belt or a
child restraint system shall be punishable with a fine of one
thousand rupees.
194C. Penalty for violation of safety measures for motor
cycle drivers and pillion riders.—Whoever drives a motor
cycle or causes or allows a motor cycle to be driven in
contravention of the provisions of section 128 or the rules or
regulations made thereunder shall be punishable with a fine of
one thousand rupees and he shall be disqualified for holding
licence for a period of three months.
194D. Penalty for not wearing protective headgear.—
Whoever drives a motor cycle or causes or allows a motor
cycle to be driven in contravention of the provisions of section
129 or the rules or regulations made thereunder shall be
punishable with a fine of one thousand rupees and he shall be
disqualified for holding licence for a period of three months.
194E. Failure to allow free passage to emergency
vehicles.—Whoever while driving a motor vehicle fails to draw
to the side of the road, on the approach of a fire service
vehicle or of an ambulance or other emergency vehicle as may
be specified by the State Government, shall be punishable with
imprisonment for a term which may extend to six months, or
with a fine of ten thousand rupees or with both.
194F. Use of horns and silence zones.—Whoever—
(a) while driving a motor vehicle—
(i) sounds the horn needlessly or continuously or more
than necessary to ensure safety, or
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(ii) sounds the horn in an area with a traffic sign
prohibiting the use of a horn, or
(b) drives a motor vehicle which makes use of a cut-out
by which exhaust gases are released other than
through the silencer, shall be punishable with a fine of
one thousand rupees and for a second or subsequent
offence with a fine of two thousand rupees.”.
80.
Omission of section 195.—Section 195 of the principal Act
shall be omitted.
81.
Amendment of section 196.—In section 196 of the principal
Act,—
(i) after the words “shall be punishable”, the words “for the
first offence” shall be inserted ;
(ii) for the words “which may extend to one thousand
rupees”, the words “of two thousand rupees,” shall be
substituted ; and
(iii) after the words “with both”, the words, “and for a
subsequent offence shall be punishable with imprisonment
for a term which may extend to three months, or with fine
of four thousand rupees, or with both.” shall be inserted.
82.
Amendment of section 197.—In section 197 of the principal
Act,—
(i) in sub-section (1), for the words “which may extend to five
hundred rupees”, the words “of five thousand rupees” shall
be substituted ;
(ii) in sub-section (2), for the words “which may extend to five
hundred rupees”, the words “of five thousand rupees” shall
be substituted.
83.
Amendment of section 198.—In section 198 of the principal
Act, for the words “with fine which may extend to one hundred rupees”,
the words “with fine of one thousand rupees” shall be substituted.
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84.
Insertion of new section 198A.—After section 198 of the
principal Act, the following section shall be inserted, namely :—
‘198A. Failure to comply with standards for road design,
construction and maintenance.—(1) Any designated authority,
contractor, consultant or concessionaire responsible for the
design or construction or maintenance of the safety standards
of the road shall follow such design, construction and
maintenance standards, as may be prescribed by the Central
Government from time to time.
(2) Where failure on the part of the designated authority,
contractor, consultant or concessionaire responsible under sub-
section (1) to comply with standards for road design,
construction and maintenance, results in death or disability,
such authority or contractor or concessionaire shall be
punishable with a fine which may extend to one lakh rupees
and the same shall be paid to the Fund constituted under section
164B.
(3) For the purposes of sub-section (2), the court shall in
particular have regard to the following matters, namely :—
(a) the characteristics of the road, and the nature and
type of traffic which was reasonably expected to use
it as per the design of road ;
(b) the standard of maintenance norms applicable for a
road of that character and use by such traffic ;
(c) the state of repair in which road users would have
expected to find the road ;
(d) whether the designated authority responsible for the
maintenance of the road knew, or could reasonably
have been expected to know, that the condition of the
part of the road to which the action relates was likely
to cause danger to the road users ;
(e) whether the designated authority responsible for the
maintenance of the road could not reasonably have
been expected to repair that part of the road before
the cause of action arose ;
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(f) whether adequate warning notices through road signs,
of its condition had been displayed ; and
(g) such other matters as may be prescribed by the Central
Government.
Explanation.—For the purposes of this section, the term “contractor”
shall include sub-contractors and all such persons who
are responsible for any stage in the design, construction
and maintenance of a stretch of road.’.
85.
Insertion of new sections 199A and 199B.—After section
199 of the principal Act, the following sections shall be inserted,
namely :—
“199A. Offences by juveniles.—(1) Where an offence under
this Act has been committed by a juvenile, the guardian of
such juvenile or the owner of the motor vehicle shall be deemed
to be guilty of the contravention and shall be liable to be
proceeded against and punished accordingly :
Provided that nothing in this sub-section shall render such
guardian or owner 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.
Explanation.—For the purposes of this section, the Court shall presume
that the use of the motor vehicle by the juvenile was
with the consent of the guardian of such juvenile or the
owner of the motor vehicle, as the case may be.
(2) In addition to the penalty under sub-section (1), such guardian
or owner shall be punishable with imprisonment for a term
which may extend to three years and with a fine of twenty-
five thousand rupees.
(3) The provisions of sub-section (1) and sub-section (2) shall
not apply to such guardian or owner if the juvenile committing
the offence had been granted a learner’s licence under section
8 or a driving licence and was operating a motor vehicle which
such juvenile was licensed to operate.
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(4) Where an offence under this Act has been committed by
a juvenile, the registration of the motor vehicle used in the
commission of the offence shall be cancelled for a period of
twelve months.
(5) Where an offence under this Act has been committed by
a juvenile, then, notwithstanding section 4 or section 7, such
juvenile shall not be eligible to be granted a driving licence
under section 9 or a learner’s licence under section 8 until
such juvenile has attained the age of twenty-five years.
(6) Where an offence under this Act has been committed by
a juvenile, then such juvenile shall be punishable with such
fines as provided in the Act while any custodial sentence may
be modified as per the provisions of the Juvenile Justice Act,
2000 (56 of 2000).
199B. Revision of fines.—The fines as provided in this Act
shall be increased by such amount not exceeding ten per cent
in value of the existing fines, on an annual basis on 1st day
of April of each year from the date of commencement of the
Motor Vehicles (Amendment) Act, 2019, as may be notified by
the Central Government.”.
86.
Amendment of section 200.—In section 200 of the principal
Act,—
(i) in sub-section (1),—
(a) for the words, figures and brackets “punishable under
section 177, section 178, section 179, section 180,
section 181, section 182, sub-section (1) or sub-section (2)
of section 183, section 184, section 186, section 189,
sub-section (2) of section 190, section 191, section
192, section 194, section 196, or section 198,”, the
words, brackets, figures and letters “punishable under
section 177, section 178, section 179, section 180,
section 181, section 182, sub-section (1) or sub-section
(3) or sub-section (4) of section 182A, section 182B,
sub-section (1) or sub-section (2) of section 183,
section 184 only to the extent of use of handheld
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communication devices, section 186, section 189, sub-
section (2) of section 190, section 192, section 192A,
section 194, section 194A, section 194B, section
194C, section 194D, section 194E, section 194F,
section 196, section 198, shall be substituted ;
(b) the following proviso shall be inserted, namely :—
“Provided that the State Government may, in addition
to such amount, require the offender to undertake a
period of community service.”.
(ii) after sub-section (2), the following provisos shall be inserted,
namely :—
“Provided that notwithstanding compounding under this
section, such offence shall be deemed to be a previous
commission of the same offence for the purpose of
determining whether a subsequent offence has been
committed :
Provided further that compounding of an offence will not
discharge the offender from proceedings under sub-section
(4) of section 206 or the obligation to complete a driver
refresher training course, or the obligation to complete
community service, if applicable.”.
87.
Amendment of section 201.—In section 201 of the principal
Act,—
(i) in sub-section (1),—
(a) the word “disabled” shall be omitted ;
(b) for the words “fifty rupees per hour”, the words “five
hundred rupees” shall be substituted ;
(c) in the second proviso, for the words “a Government
Agency, towing charges”, the words “an agency
authorised by the Central Government or State
Government, removal charges” shall be substituted.
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(ii) in sub-section (2), for the words “towing charges”, the
words “removal charges” shall be substituted ;
(iii) after sub-section (2), the following sub-section shall be
inserted, namely :—
“(3) sub-section (1) shall not apply where the motor vehicle
has suffered an unforeseen breakdown and is in the process
of being removed.”.
(iv) after sub-section (3), the following Explanation shall be
inserted, namely :—
‘Explanation.—For the purposes of this section, “removal charges”
includes any costs involved in the removal of the motor
vehicle from one location to another and also includes
any costs related to storage of such motor vehicle.’.
88.
Amendment of section 206.—In section 206 of the principal
Act, after sub-section (3), the following sub-section shall be inserted,
namely :—
“(4) A police officer or other person authorised in this behalf
by the State Government shall, if he has reason to believe that
the driver of a motor vehicle has committed an offence under
any of sections 183, 184, 185, 189, 190, 194C, 194D, or 194E,
seize the driving licence held by such driver and forward it to
the licensing authority for disqualification or revocation
proceedings under section 19 :
Provided that the person seizing the licence shall give to the
person surrendering the licence a temporary acknowledgement
therefor, but such acknowledgement shall not authorise the
holder to drive until the licence has been returned to him.”.
89.
Insertion of new sections 210A, 210B, 210C and 210D.—
After section 210 of the principal Act, the following sections shall be
inserted, namely :—
“210A. Power of State Government to increase penalties.—
Subject to conditions made by the Central Government, a State
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Government, shall, by notification in the Official Gazette, specify
a multiplier, not less than one and not greater than ten, to be
applied to each fine under this Act and such modified fine,
shall be in force in such State and different multipliers may be
applied to different classes of motor vehicles as may be
classified by the State Government for the purpose of this
section.
210B. Penalty for offence committed by an enforcing
authority.—Any authority that is empowered to enforce the
provisions of this Act shall, if such authority commits an
offence under this Act, shall be liable for twice the penalty
corresponding to that offence under this Act.
210C. Power of Central Government to make rules.—The
Central Government may make rules for—
(a) design, construction and maintenance standards for
national highways ;
(b) such other factors as may be taken into account by
the Court under sub-section (3) of section 198A ;
(c) any other matter which is, or has to be, prescribed by
the Central Government.
210D. Power of State Government to make rules.—The State
Government may make rules for design, construction and
maintenance standards for roads other than national highways,
and for any other matter which is, or may be, prescribed by
the State Government.”.
90.
Insertion of new section 211A.—After section 211 of the
principal Act, the following section shall be inserted, namely :—
“211A. Use of electronic forms and documents.—(1) Where
any provision of this Act or the rules and regulations made
thereunder provide for—
(a) the filing of any form, application or any other document
with any office, authority, body or agency owned or
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controlled by the Central Government or the State
Government in a particular manner ;
(b) the issue or grant of any licence, permit, sanction,
approval or endorsement, by whatever name called in
a particular manner ; or
(c) the receipt or payment of money in a particular manner,
then notwithstanding anything contained in such provision, such
requirement shall be deemed to have been satisfied if such
filing, issue, grant, receipt or payment, as the case may be, is
effected by means of such electronic form as may be prescribed
by the Central Government or the State Government, as the
case may be.
(2) The Central Government or the State Government shall, for
the purpose of sub-section (1), prescribe—
(a) the manner and format in which such electronic forms
and documents shall be filed, created or issued ; and
(b) the manner or method of payment of any fee or charges
for filing, creation or issue of any electronic document
under clause (a).”.
91.
Amendment of section 212.—In section 212 of the principal
Act,—
(i) in sub-section (4),—
(a) after the words, brackets and figures “the proviso to
sub-section (1) of section 112”, the word and figures
“section 118” shall be inserted ;
(b) after the words, brackets, figures and letter “sub-
section (4) of section 163A”, the words, figures and
letter “section 164, section 177A” shall be inserted ;
(ii) after sub-section (4), the following sub-section shall be
inserted, namely :—
“(5) Every notification issued by the State Government
under section 210A shall be laid, as soon as may be after
it is made, before each House of the State Legislature
where it consists of two Houses, or where such Legislature
consists of one House, before that House, while it is in
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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,
the House agrees or both Houses agree, as the case may
be, in making any modification in the notification or the
House agrees or both Houses agree, as the case may be,
that the notification should not be issued, the notification
shall thereafter have effect only in such modified form or
be of no effect as the case may be ; so, however, that any
such modification or annulment shall be without prejudice
to the validity of anything previously done under that
notification.”.
92.
Insertion of new sections 215A, 215B, 215C and 215D.—
After section 215 of the principal Act, the following sections shall be
inserted, namely :—
“215A. Power of Central Government and State Government
to delegate.—Notwithstanding anything contained in this Act,—
(a) the Central Government shall have the power to
delegate any power or functions that have been
conferred upon it by the Act to any public servant or
public authority and authorise such public servant or
public authority to discharge any of its powers,
functions and duties under this Act ;
(b) the State Government shall have the power to delegate
any power or functions that have been conferred upon
it by the Act to any public servant or public authority
and authorise such public servant or public authority
to discharge any of its powers, functions and duties
under this Act.
215B. National Road Safety Board.—(1) The Central
Government shall, by notification in the Official Gazette,
constitute a National Road Safety Board consisting of a
Chairman, such number of representatives from the State
Governments, and such other members as it may consider
necessary and on such terms and conditions as may be
prescribed by the Central Government.
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(2) The National Board shall render advice to the Central
Government or State Government, as the case may be, on all
aspects pertaining to road safety and traffic management
including, but not limited to,—
(a) the standards of design, weight, construction, manufacturing
process, operation and maintenance of motor vehicles and
of safety equipment ;
(b) the registration and licensing of motor vehicles ;
(c) the formulation of standards for road safety, road
infrastructure and control of traffic ;
(d) the facilitation of safe and sustainable utilisation of road
transport ecosystem ;
(e) the promotion of new vehicle technology ;
(f) the safety of vulnerable road users ;
(g) programmes for educating and sensitising drivers and other
road users ; and
(h) such other functions as may be prescribed by the Central
Government from time to time.
215C. Power of Central Government to make rules.—(1)
The Central Government may make rules for the purposes of
carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for—
(a) the use of electronic forms and means for the filing
of documents, issue or grant of licence, permit,
sanction, approval or endorsements and the receipt or
payment of money as referred to in section 211A ;
(b) the minimum qualifications which the Motor Vehicles
Department officers or any class thereof shall be
required to possess for appointment as such, as referred
to in sub-section (4) of section 213 ;
(c) the terms and conditions of appointment of Chairman
and Members of the National Road Safety Board
under sub-section (1) of section 215B ;
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(d) the other functions of the National Road Safety Board
under sub-section (2) of section 215B ; and
(e) any other matter which is to be, or may be, prescribed,
or in respect of which provision is to be made by
rules by the Central Government.
215D. Power of Central Government to make rules.—(1)
The State Government may make rules for the purposes of
carrying into effect, the provisions of this Chapter, other than
the matters specified in section 215C.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for—
(a) the use of electronic forms and means for the filing
of documents, issue or grant of licence, permit,
sanction, approval or endorsements and the receipt or
payment of money as referred to in section 211A ;
(b) the duties and functions of the officers of the Motor
Vehicle Department, the powers to be exercised by
such officers (including the powers exercisable by
police officers under this Act) and the conditions
governing the exercise of such powers, the uniform to
be worn by them, the authorities to which they shall
be subordinate as referred to in sub-section (3) of
section 213 ;
(c) such other powers as may be exercised by officers of
the Motor Vehicles Department as referred to in clause
(f) of sub-section (5) of section 213 ; and
(d) any other matter which is to be, or may be, prescribed,
or in respect of which provision is to be made by
rules by the State Government.”.
93.
Omission of Second Sechedule.—In the principal Act, the
Second Schedule shall be omitted.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
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Jammu, Thu., the 8th Aug., 2019/17th Srav., 1941.
[No. 19-2
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Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
EXTRAORDINARY
REGD. NO. JK—33
THE CODE ON WAGES ACT, 2019
(Act No. 29 of 2019)
[8th August, 2019.]
An Act to amend and consolidate the laws relating to wages and
bonus and matters connected therewith or incidental thereto.
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Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
CHAPTER I
Preliminary
1.
Short title, extent and commencement.—(1) This Act may
be called the Code on Wages Act, 2019.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette appoint ; and different dates
may be appointed for different provisions of this Code and any reference
in any such provision to the commencement of this Code shall be
construed as a reference to the coming into force of that provision.
2.
Definitions.—In this Code, unless the context otherwise
requires,––
(a) “accounting year” means the year commencing on the 1st
day of April ;
(b) “Advisory Board” means the Central Advisory Board or,
as the case may be, the State Advisory Board, constituted
under section 42 ;
(c) “agricultural income tax law” means any law for the time
being in force relating to the levy of tax on agricultural
income ;
(d) “appropriate Government” means,––
(i) in relation to, an establishment carried on by or under
the authority of the Central Government or the
establishment of railways, mines, oil field, major ports,
air transport service, telecommunication, banking and
insurance company or a corporation or other authority
established by a Central Act or a central public sector
undertaking or subsidiary companies set up by central
public sector undertakings or autonomous bodies
owned or controlled by the Central Government,
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including establishment of contractors for the purposes
of such establishment, corporation or other authority,
central public sector undertakings, subsidiary
companies or autonomous bodies, as the case may be,
the Central Government ;
(ii) in relation to any other establishment, the State
Government ;
(e) “company” means a company as defined in clause (20) of
section 2 of the Companies Act, 2013 (18 of 2013) ;
(f) “contractor”, in relation to an establishment, means a person,
who—
(i) undertakes to produce a given result for the
establishment, other than a mere supply of goods or
articles of manufacture to such establishment, through
contract labour ; or
(ii) supplies contract labour for any work of the
establishment as mere human resource and includes a
sub-contractor ;
(g) “contract labour” means a worker who shall be deemed to
be employed in or in connection with the work of an
establishment when he is hired in or in connection with
such work by or through a contractor, with or without the
knowledge of the principal employer and includes inter-
State migrant worker but does not include a worker (other
than part-time employee) who ––
(i) is regularly employed by the contractor for any activity
of his establishment and his employment is governed
by mutually accepted standards of the conditions of
employment (including engagement on permanent
basis) ; and
(ii) gets periodical increment in the pay, social security
coverage and other welfare benefits in accordance
with the law for the time being in force in such
employment ;
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(h) “co-operative society” means a society registered or deemed
to be registered under the Co-operative Societies Act, 1912,
(2 of 1912) or any other law for the time being in force
relating to co-operative societies in any State ;
(i) “corporation” means any body corporate established by or
under any Central Act, or State Act, but does not include
a company or a co-operative society ;
(j) “direct tax” means––
(i) any tax chargeable under the––
(A) Income-tax Act, 1961 (43 of 1961) ;
(B) Companies (Profits) Surtax Act, 1964 (7 of 1964) ;
(C) Agricultural income tax law ; and
(ii) any other tax which, having regard to its nature or
incidence, may be declared by the Central
Government, by notification, to be a direct tax for
the purposes of this Code ;
(k) “employee” means, any person (other than an apprentice
engaged under the Apprentices Act, 1961) (52 of 1961)
employed on wages by an establishment to do any skilled,
semi-skilled or unskilled, manual, operational, supervisory,
managerial, administrative, technical or clerical work for
hire or reward, whether the terms of employment be express
or implied, and also includes a person declared to be an
employee by the appropriate Government, but does not
include any member of the Armed Forces of the Union ;
(l) “employer” means a person who employs, whether directly
or through any person, or on his behalf or on behalf of any
person, one or more employees in his establishment and
where the establishment is carried on by any department
of the Central Government or the State Government, the
authority specified, by the head of such department, in
this behalf or where no authority, is so specified the head
of the department and in relation to an establishment carried
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on by a local authority, the chief executive of that authority,
and includes,—
(i) in relation to an establishment which is a factory, the
occupier of the factory as defined in clause (n) of
section 2 of the Factories Act, 1948 (63 of 1948)
and, where a person has been named as a manager of
the factory under clause (f) of sub-section (1) of
section 7 of the said Act, the person so named ;
(ii) in relation to any other establishment, the person who,
or the authority which, has ultimate control over the
affairs of the establishment and where the said affairs
is entrusted to a manager or managing director, such
manager or managing director ;
(iii) contractor ; and
(iv) legal representative of a deceased employer ;
(m) “establishment” means any place where any industry, trade,
business, manufacture or occupation is carried on and
includes Government establishment ;
(n) “factory” means a factory as defined in clause (m) of
section 2 of the Factories Act, 1948 (63 of 1948) ;
(o) “Government establishment” means any office or
department of the Government or a local authority ;
(p) “Income-tax Act” means the Income-tax Act, 1961 (43 of
1961) ;
(q) “industrial dispute” means,—
(i) any dispute or difference between employers and
employers, or between employers and workers or
between workers and workers which is connected with
the employment or non-employment or the terms of
employment or with the conditions of labour, of any
person ; and
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(ii) any dispute or difference between an individual worker
and an employer connected with, or arising out of,
discharge, dismissal, retrenchment or termination of
such worker ;
(r) “Inspector-cum-Facilitator” means a person appointed by
the appropriate Government under sub-section (1) of section
51 ;
(s) “minimum wage” means the wage fixed under section 6 ;
(t) “notification” means a notification published in the Gazette
of India or in the Official Gazette of a State, as the case
may be, and the expression “notify” with its grammatical
variations and cognate expressions shall be construed
accordingly ;
(u) “prescribed” means prescribed by rules made by the
appropriate Government ;
(v) “same work or work of a similar nature” means work in
respect of which the skill, effort, experience and
responsibility required are the same, when performed under
similar working conditions by employees and the difference,
if any, between the skill, effort, experience and
responsibility required for employees of any gender, are
not of practical importance in relation to the terms and
conditions of employment ;
(w) “State” includes a Union territory ;
(x) “Tribunal” shall have the same meaning as assigned to it
in clause (r) of section 2 of the Industrial Disputes Act,
1947 (14 of 1947) ;
(y) “wages” means all remuneration whether by way of salary,
allowances or otherwise, expressed in terms of money or
capable of being so expressed which would, (42 of 2005)
if the terms of employment, express or implied, were
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fulfilled, be payable to a person employed in respect of his
employment or of work done in such employment, and
includes,—
(i) basic pay ;
(ii) dearness allowance ; and
(iii) retaining allowance, if any, but does not include––
(a) any bonus payable under any law for the time
being in force, which does not form part of the
remuneration payable under the terms of
employment ;
(b) the value of any house-accommodation, or of the
supply of light, water, medical attendance or other
amenity or of any service excluded from the
computation of wages by a general or special order
of the appropriate Government ;
(c) any contribution paid by the employer to any
pension or provident fund, and the interest which
may have accrued thereon ;
(d) any conveyance allowance or the value of any
travelling concession ;
(e) any sum paid to the employed person to defray
special expenses entailed on him by the nature of
his employment ;
(f) house rent allowance ;
(g) remuneration payable under any award or
settlement between the parties or order of a court
or Tribunal ;
(h) any overtime allowance ;
(i) any commission payable to the employee ;
(j) any gratuity payable on the termination of
employment ;
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(k) any retrenchment compensation or other retirement
benefit payable to the employee or any ex gratia
payment made to him on the termination of
employment :
Provided that, for calculating the wages under
this clause, if payments made by the employer to
the employee under clauses (a) to (i) exceeds one-
half, or such other per cent, as may be notified by
the Central Government, of the all remuneration
calculated under this clause, the amount which
exceeds such one-half, or the per cent so notified,
shall be deemed as remuneration and shall be
accordingly added in wages under this clause :
Provided further that for the purpose of equal
wages to all genders and for the purpose of
payment of wages, the emoluments specified in
clauses (d), (f), (g) and (h) shall be taken for
computation of wage.
Explanation.––Where an employee is given in lieu of the whole or
part of the wages payable to him, any remuneration in
kind by his employer, the value of such remuneration
in kind which does not exceed fifteen per cent of the
total wages payable to him, shall be deemed to form
part of the wages of such employee ;
(z) ”worker” means any person (except an apprentice
as defined under clause (aa) of section 2 of the
Apprentices Act, 1961) (52 of 1961) employed in
any industry to do an manual, unskilled, skilled,
technical, operational, clerical or supervisory work
for hire or reward, whether the terms of
employment be express or implied, and includes—
(i) working journalists as defined in clause (f)
of section 2 of the Working Journalists and
other Newspaper Employees (Conditions of
Service) and Miscellaneous Provisions Act,
1955 (45 of 1955) ; and
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(ii) sales promotion employees as defined in clause
(d) of section 2 of the Sales Promotion
Employees (Conditions of Service) Act, 1976,
(11 of 1976) and for the purposes of any
proceeding under this Code in relation to an
industrial dispute, includes any such person
who has been dismissed, discharged or
retrenched or otherwise terminated in
connection with, or as a consequence of, that
dispute, or whose dismissal, discharge or
retrenchment has led to that dispute ; but does
not include any such person––
(a) who is subject to the Air Force Act, 1950
(45 of 1950) or the Army Act, 1950 (46 of
1950) or the Navy Act, 1957 (62 of 1957) ;
or
(b) who is employed in the police service or
as an officer or other employee of a
prison ; or
(c) who is employed mainly in a managerial
or administrative capacity ; or
(d) who is employed in a supervisory capacity
drawing wage of exceeding fifteen thousand
rupees per month or an amount as may be
notified by the Central Government from
time to time.
3.
Prohibition of discrimination on ground of gender.—(1) There
shall be no discrimination in an establishment or any unit thereof
among employees on the ground of gender in matters relating to wages
by the same employer, in respect of the same work or work of a
similar nature done by any employee.
(2) No employer shall,—
(i) for the purposes of complying with the provisions of sub-
section (1), reduce the rate of wages of any employee ;
and
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(ii) make any discrimination on the ground of sex while
recruiting any employee for the same work or work of
similar nature and in the conditions of employment, except
where the employment of women in such work is prohibited
or restricted by or under any law for the time being in
force.
4.
Decision as to disputes with regard to same or similar nature
of work.—Where there is any dispute as to whether a work is of same
or similar nature for the purposes of section 3, the dispute shall be
decided by such authority as may be notified by the appropriate
Government.
CHAPTER II
Minimum Wages
5.
Payment of minimum rate of wages.—No employer shall pay
to any employee wages less than the minimum rate of wages notified
by the appropriate Government.
6.
Fixation of minimum wages.—(1) Subject to the provisions
of section 9, the appropriate Government shall fix the minimum rate
of wages payable to employees in accordance with the provisions of
section 8.
(2) For the purposes of sub-section (1), the appropriate
Government shall fix a minimum rate of wages ––
(a) for time work ; or
(b) for piece work.
(3) Where employees are employed on piece work, for the purpose
of sub-section (1), the appropriate Government shall fix a minimum
rate of wages for securing such employees a minimum rate of wages
on a time work basis.
(4) The minimum rate of wages on time work basis may be fixed
in accordance with any one or more of the following wage periods,
namely:––
(i) by the hour ; or
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(ii) by the day ; or
(iii) by the month.
(5) Where the rates of wages are fixed by the hour or by the day
or by the month, the manner of calculating the wages shall be such,
as may be prescribed.
(6) For the purpose of fixation of minimum rate of wages under
this section, the appropriate Government,—
(a) shall primarily take into account the skill of workers
required for working under the categories of unskilled,
skilled, semi-skilled and highly-skilled or geographical area
or both ; and
(b) may, in addition to such minimum rate of wages for certain
category of workers, take into account their arduousness
of work like temperature or humidity normally difficult to
bear, hazardous occupations or processes or underground
work as may be prescribed by that Government ; and
(c) the norms of such fixation of minimum rate of wages shall
be such as may be prescribed.
(7) The number of minimum rates of wages referred to in
sub-section (6) may, as far as possible, be kept at minimum by the
appropriate Government.
7.
Components of minimum wages.—(1) Any minimum rate of
wages fixed or revised by the appropriate Government under
section 8 may consist of––
(a) a basic rate of wages and an allowance at a rate to be
adjusted, at such intervals and in such manner as the
appropriate Government may direct, to accord as nearly as
practicable with the variation in the cost of living index
number applicable to such workers (hereinafter referred to
as ”cost of living allowance”) ; or
(b) a basic rate of wages with or without the cost of living
allowance, and the cash value of the concessions in respect
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of supplies of essential commodities at concession rates,
where so authorised ; or
(c) an all-inclusive rate allowing for the basic rate, the cost of
living allowance and the cash value of the concessions, if
any.
(2) The cost of living allowance and the cash value of the
concessions in respect of supplies of essential commodities at
concession rate shall be computed by such authority, as the appropriate
Government may by notification, appoint, at such intervals and in
accordance with such directions as may be specified or given by the
appropriate Government from time to time.
8.
Procedure for fixing and revising minimum wages.—(1) In
fixing minimum rates of wages for the first time or in revising minimum
rates of wages under this Code, the appropriate Government shall
either—
(a) appoint as many committees as it considers necessary to
hold enquiries and recommend in respect of such fixation
or revision, as the case may be ; or
(b) by notification publish its proposals for the information of
persons likely to be affected thereby and specify a date
not less than two months from the date of the notification
on which the proposals shall be taken into consideration.
(2) Every committee appointed by the appropriate Government
under clause (a) of sub-section (1) shall consist of persons––
(a) representing employers ;
(b) representing employees which shall be equal in number of
the members specified in clause (a) ; and
(c) independent persons, not exceeding one-third of the total
members of the committee.
(3) After considering the recommendation of the committee
appointed under clause (a) of sub-section (1) or, as the case may be,
all representations received by it before the date specified in the
notification under clause (b) of that sub-section, the appropriate
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Government shall by notification fix, or as the case may be, revise the
minimum rates of wages and unless such notification otherwise provides,
it shall come into force on the expiry of three months from the date
of its issue :
Provided that where the appropriate Government proposes
to revise the minimum rates of wages in the manner specified in
clause (b) of sub-section (1), it shall also consult concerned Advisory
Board constituted under section 42.
(4) The appropriate Government shall review or revise minimum
rates of wages ordinarily at an interval not exceeding five years.
9.
Power of Central Government to fix floor wage.—(1) The
Central Government shall fix floor wage taking into account minimum
living standards of a worker in such manner as may be prescribed :
Provided that different floor wage may be fixed for different
geographical areas.
(2) The minimum rates of wages fixed by the appropriate
Government under section 6 shall not be less than the floor wage and
if the minimum rates of wages fixed by the appropriate Government
earlier is more than the floor wage, then, the appropriate Government
shall not reduce such minimum rates of wages fixed by it earlier.
(3) The Central Government may, before fixing the floor wage
under sub-section (1), obtain the advice of the Central Advisory Board
constituted under sub-section (1) of section 42 and consult State
Governments in such manner as may be prescribed.
10.
Wages of employee who works for less than normal
working day.—If an employee whose minimum rate of wages has
been fixed under this Code by the day works on any day on which he
was employed for a period of less than the requisite number of hours
constituting a normal working day, he shall, save as otherwise
hereinafter provided, be entitled to receive wages in respect of work
done on that day, as if he had worked for a full normal working day:
Provided that he shall not be entitled to receive wages for a full
normal working day,—
(i) in any case where his failure to work is caused by his
unwillingness to work and not by the omission of the
employer to provide him with work ; and
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(ii) in such other cases and circumstances, as may be
prescribed.
11.
Wages for two or more classes of work.—Where an employee
does two or more classes of work to each of which a different minimum
rate of wages is applicable, the employer shall pay to such employee
in respect of the time respectively occupied in each such class of
work, wages at not less than the minimum rate in force in respect of
each such class.
12.
Minimum time rate wages for piece work.—Where a person
is employed on piece work for which minimum time rate and not a
minimum piece rate has been fixed under this Code, the employer
shall pay to such person wages at not less than the minimum time rate.
13.
Fixing hours of work for normal working day.—(1) Where
the minimum rates of wages have been fixed under this Code, the
appropriate Government may—
(a) fix the number of hours of work which shall constitute a
normal working day inclusive of one or more specified
intervals ;
(b) provide for a day of rest in every period of seven days
which shall be allowed to all employees or to any specified
class of employees and for the payment of remuneration in
respect of such days of rest ;
(c) provide for payment for work on a day of rest at a rate not
less than the overtime rate.
(2) The provisions of sub-section (1) shall, in relation to the
following classes of employees apply, only to such extent and subject
to such conditions as may be prescribed, namely :—
(a) employees engaged in any emergency which could not have
been foreseen or prevented ;
(b) employees engaged in work of the nature of preparatory or
complementary work which must necessarily be carried on
outside the limits laid down for the general working in the
employment concerned ;
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(c) employees whose employment is essentially intermittent ;
(d) employees engaged in any work which for technical reasons
has to be completed before the duty is over ; and
(e) employees engaged in a work which could not be carried
on except at times dependent on the irregular action of
natural forces.
(3) For the purposes of clause (c) of sub-section (2), employment
of an employee is essentially intermittent when it is declared to be so
by the appropriate Government on the ground that the daily hours of
duty of the employee, or if there be no daily hours of duty as such for
the employee, the hours of duty normally include periods of inaction
during which the employee may be on duty but is not called upon to
display either physical activity or sustained attention.
14.
Wages for overtime work.—Where an employee whose
minimum rate of wages has been fixed under this Code by the hour,
by the day or by such a longer wage-period as may be prescribed,
works on any day in excess of the number of hours constituting a
normal working day, the employer shall pay him for every hour or for
part of an hour so worked in excess, at the overtime rate which shall
not be less than twice the normal rate of wages.
CHAPTER III
Payment of Wages
15.
Mode of payment of wages.—All wages shall be paid in
current coin or currency notes or by cheque or by crediting the wages
in the bank account of the employee or by the electronic mode :
Provided that the appropriate Government may, by notification,
specify the industrial or other establishment, the employer of which
shall pay to every person employed in such industrial or other
establishment, the wages only by cheque or by crediting the wages in
his bank account.
16.
Fixation of wage period.—The employer shall fix the wage
period for employees either as daily or weekly or fortnightly or monthly
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subject to the condition that no wage period in respect of any employee
shall be more than a month :
Provided that different wage periods may be fixed for different
establishments.
17.
Time limit for payment of wages.—(1) The employer shall
pay or cause to be paid wages to the employees, engaged on—
(i) daily basis, at the end of the shift ;
(ii) weekly basis, on the last working day of the week, that is
to say, before the weekly holiday ;
(iii) fortnightly basis, before the end of the second day after
the end of the fortnight ;
(iv) monthly basis, before the expiry of the seventh day of the
succeeding month.
(2) Where an employee has been—
(i) removed or dismissed from service ; or
(ii) retrenched or has resigned from service, or became
unemployed due to closure of the establishment, the wages
payable to him shall be paid within two working days of
his removal, dismissal, retrenchment or, as the case may
be, his resignation.
(3) Notwithstanding anything contained in sub-section (1) or sub-
section (2), the appropriate Government may, provide any other time
limit for payment of wages where it considers reasonable having regard
to the circumstances under which the wages are to be paid.
(4) Nothing contained in sub-section (1) or sub-section (2) shall
affect any time limit for payment of wages provided in any other law
for the time being in force.
18.
Deductions which may be made from wages.—(1)
Notwithstanding anything contained in any other law for the time
being in force, there shall be no deductions from the wages of the
employee, except those as are authorised under this Code.
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Explanation.––For the purposes of this sub-section,—
(a) any payment made by an employee to the employer or his
agent shall be deemed to be a deduction from his wages ;
(b) any loss of wages to an employee, for a good and sufficient
cause, resulting from—
(i) the withholding of increment or promotion, including
the stoppage of an increment ; or
(ii) the reduction to a lower post or time-scale ; or
(iii) the suspension,
shall not be deemed to be a deduction from wages in a case where the
provisions made by the employer for such purposes are satisfying the
requirements specified in the notification issued by the appropriate
Government in this behalf.
(2) Deductions from the wages of an employee shall be made in
accordance with the provisions of this Code, and may be made only
for the following purposes, namely :—
(a) fines imposed on him ;
(b) deductions for his absence from duty ;
(c) deductions for damage to or loss of goods expressly
entrusted to the employee for custody ; or for loss of money
for which he is required to account, where such damage or
loss is directly attributable to his neglect or default ;
(d) deductions for house-accommodation supplied by the
employer or by appropriate Government or any housing
board set up under any law for the time being in force,
whether the Government or such board is the employer or
not, or any other authority engaged in the business of
subsidising house-accommodation which may be specified
in this behalf by the appropriate Government by
notification ;
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(e) deductions for such amenities and services supplied by the
employer as the appropriate Government or any officer
specified by it in this behalf may, by general or special
order, authorise and such deduction shall not exceed an
amount equivalent to the value of such amenities and
services.
Explanation.––For the purposes of this clause, the expression
“services” does not include the supply of tools and raw
materials required for the purposes of employment ;
(f) deductions for recovery of—
(i) advances of whatever nature (including advances for
travelling allowance or conveyance allowance), and
the interest due in respect thereof, or for adjustment
of overpayment of wages ;
(ii) loans made from any fund constituted for the welfare
of labour, as may be prescribed by the appropriate
Government, and the interest due in respect thereof ;
(g) deductions for recovery of loans granted for house-building
or other purposes approved by the appropriate Government
and the interest due in respect thereof ;
(h) deductions of income-tax or any other statutory levy levied
by the Central Government or State Government and
payable by the employee or deductions required to be made
by order of a court or other authority competent to make
such order ;
(i) deductions for subscription to, and for repayment of
advances from any social security fund or scheme
constituted by law including provident fund or pension
fund or health insurance scheme or fund known by any
other name ;
(j) deductions for payment of co-operative society subject to
such conditions as the appropriate Government may
impose ;
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(k) deductions made, with the written authorisation of the
employee, for payment of the fees and contribution payable
by him for the membership of any Trade Union registered
under the Trade Unions Act, 1926 (16 of 1926) ;
(l) deductions for recovery of losses sustained by the railway
administration on account of acceptance by the employee
of counterfeit or base coins or mutilated or forged currency
notes ;
(m) deductions for recovery of losses sustained by the railway
administration on account of the failure of the employee
to invoice, to bill, to collect or to account for the
appropriate charges due to the railway administration
whether in respect of fares, freight, demurrage, wharfage
and cranage or in respect of sale of food in catering
establishments or in respect of commodities in grain shops
or otherwise ;
(n) deductions for recovery of losses sustained by the railway
administration on account of any rebates or refunds
incorrectly granted by the employee where such loss is
directly attributable to his neglect or default ;
(o) deductions, made with the written authorisation of the
employee, for contribution to the Prime Minister’s National
Relief Fund or to such other fund as the Central
Government may, by notification, specify.
(3) Notwithstanding anything contained in this Code and subject
to the provisions of any other law for the time being in force, the total
amount of deductions which may be made under sub-section (2) in
any wage period from the wages of an employee shall not exceed fifty
per cent of such wages.
(4) Where the total deductions authorised under sub-section (2)
exceed fifty per cent of the wages, the excess may be recovered in
such manner, as may be prescribed.
(5) Where any deduction is made by the employer from the wages
of an employee under this section but not deposited in the account of
the trust or Government fund or any other account, as required under
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the provisions of the law for the time being in force, such employee
shall not be held responsible for such default of the employer.
19.
Fines.—(1) No fine shall be imposed on any employee save
in respect of those acts and omissions on his part as the employer,
with the previous approval of the appropriate Government or of such
authority as may be prescribed, may have specified by notice under
sub-section (2).
(2) A notice specifying such acts and omissions shall be exhibited
in such manner as may be prescribed, on the premises in which the
employment is carried on.
(3) No fine shall be imposed on any employee until such employee
has been given an opportunity of showing cause against the fine or
otherwise than in accordance with such procedure as may be prescribed
for the imposition of fines.
(4) The total amount of fine which may be imposed in any one
wage-period on any employee shall not exceed an amount equal to
three per cent of the wages payable to him in respect of that wage-
period.
(5) No fine shall be imposed on any employee who is under the
age of fifteen years.
(6) No fine imposed on any employee shall be recovered from
him by instalments or after the expiry of ninety days from the day on
which it was imposed.
(7) Every fine shall be deemed to have been imposed on the day
of the act or omission in respect of which it was imposed.
(8) All fines and all realisations thereof shall be recorded in a
register to be kept in such manner and form as may be prescribed ;
and all such realisations shall be applied only to such purposes
beneficial to the persons employed in the establishment as are approved
by the prescribed authority.
20.
Deductions for absence from duty.—(1) Deductions may be
made under clause (b) of sub-section (2) of section 18 only on account
of the absence of an employee from the place or places where by the
terms of his employment, he is required to work, such absence being
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for the whole or any part of the period during which he is so required
to work.
(2) The amount of such deduction shall in no case bear to the
wages payable to the employed person in respect of the wage-period
for which the deduction is made in a larger proportion than the period
for which he was absent bears to the total period within such wage-
period during which by the terms of his employment he was required
to work :
Provided that, subject to any rules made in this behalf by the
appropriate Government, if ten or more employed persons acting in
concert absent themselves without due notice (that is to say without
giving the notice which is required under the terms of their contracts
of employment) and without reasonable cause, such deduction from
any such person may include such amount not exceeding his wages
for eight days as may by any such terms be due to the employer in lieu
of due notice.
Explanation.––For the purposes of this section, an employee shall be
deemed to be absent from the place where he is required
to work if, although present in such place, he refuses,
in pursuance of a stay-in strike or for any other cause
which is not reasonable in the circumstances, to carry
out his work.
21.
Deductions for damage or loss.—(1) A deduction under
clause (c) or clause (n) of sub-section (2) of section 18 for damage or
loss shall not exceed the amount of the damage or loss caused to the
employer by negligence or default of the employee.
(2) A deduction shall not be made under sub-section (1) until the
employee has been given an opportunity of showing cause against the
deduction or otherwise than in accordance with such procedure as
may be prescribed for the making of such deductions.
(3) All such deductions and all realisations thereof shall be
recorded in a register to be kept in such form as may be prescribed.
22.
Deductions for services rendered.—A deduction under clause
(d) or clause (e) of sub-section (2) of section 18 shall not be made
from the wages of an employee, unless the house-accommodation
amenity or service has been accepted by him as a term of employment
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or otherwise and such deduction shall not exceed an amount equivalent
to the value of the house-accommodation amenity or service supplied
and shall be subject to such conditions as the appropriate Government
may impose.
23.
Deductions for recovery of advances.—Deductions under
clause (f) of sub-section (2) of section 18 for recovery of advances
given to an employee shall be subject to the following conditions,
namely :––
(a) recovery of advance of money given to an employee before
the employment began shall be made from the first payment
of wages to him in respect of a complete wage-period but
no recovery shall be made of such advances given for
travelling expenses ;
(b) recovery of advance of money given to an employee after
the employment began shall be subject to such conditions
as may be prescribed ;
(c) recovery of advances of wages to an employee not already
earned shall be subject to such conditions as may be
prescribed.
24.
Deductions for recovery of loans.—Deductions under clause
(g) of sub-section (2) of section 18 for recovery of loans granted to
an employee, regulating the extent to which such loans may be granted
and the rate of interest payable thereon, shall be such as may be
prescribed.
25.
Chapter not to apply to Government establishments.—The
provisions of this Chapter shall not apply to the Government
establishments unless the appropriate Government, by notification,
applies such provisions to the Government establishments specified in
the said notification.
CHAPTER IV
Payment of Bonus
26.
Eligibility for bonus, etc.—(1) There shall be paid to every
employee, drawing wages not exceeding such amount per mensem, as
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determined by notification, by the appropriate Government, by his
employer, who has put in at least thirty days work in an accounting
year, an annual minimum bonus calculated at the rate of eight and
one-third per cent. of the wages earned by the employee or one hundred
rupees, whichever is higher whether or not the employer has any
allocable surplus during the previous accounting year.
(2) For the purpose of calculation of the bonus where the wages
of the employee exceeds such amount per mensem, as determined by
notification by the appropriate Government, the bonus payable to such
employee under sub-sections (1) and (3) shall be calculated as if his
wage were such amount, so determined by the appropriate Government
or the minimum wage fixed by the appropriate Government, whichever
is higher.
(3) Where in respect of any accounting year referred to in
sub-section (1), the allocable surplus exceeds the amount of minimum
bonus payable to the employees under that subsection, the employer
shall, in lieu of such minimum bonus, be bound to pay to every
employee in respect of that accounting year, bonus which shall be an
amount in proportion to the wages earned by the employee during the
accounting year, subject to a maximum of twenty per cent of such
wages.
(4) In computing the allocable surplus under this section, the
amount set on or the amount set off under the provisions of section 36
shall be taken into account in accordance with the provisions of that
section.
(5) Any demand for bonus in excess of the bonus referred to in
sub-section (1), either on the basis of production or productivity in an
accounting year for which the bonus is payable shall be determined by
an agreement or settlement between the employer and the employees,
subject to the condition that the total bonus including the annual
minimum bonus referred to in sub-section (1) shall not exceed twenty
per cent of the wages earned by the employee in the accounting year.
(6) In the first five accounting years following the accounting
year in which the employer sells the goods produced or manufactured
by him or renders services, as the case may be, from such establishment,
bonus shall be payable only in respect of the accounting year in which
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the employer derives profit from such establishment and such bonus
shall be calculated in accordance with the provisions of this Code in
relation to that year, but without applying the provisions of section
36.
(7) For the sixth and seventh accounting years following the
accounting year in which the employer sells the goods produced or
manufactured by him or renders services, as the case may be, from
such establishment, the provisions of section 36 shall apply subject to
the following modifications, namely :—
(i) for the sixth accounting year set on or set off, as the case
may be, shall be made, in the manner as may be prescribed
by the Central Government, taking into account the excess
or deficiency, if any, as the case may be, of the allocable
surplus set on or set off in respect of the fifth and sixth
accounting years ;
(ii) for the seventh accounting year set on or set off, as the
case may be, shall be made, in the manner as may be
prescribed by the Central Government, taking into account
the excess or deficiency, if any, as the case may be, of the
allocable surplus set on or set off in respect of the fifth,
sixth and seventh accounting years.
(8) From the eighth accounting year following the accounting
year in which the employer sells the goods produced or manufactured
by him or renders services, as the case may be, from such establishment,
the provisions of section 36 shall apply in relation to such establishment
as they apply in relation to any other establishment.
Explanation 1.––For the purpose of sub-section (6), an employer shall
not be deemed to have derived profit in any
accounting year, unless––
(a) he has made provision for depreciation of that year
to which he is entitled under the Income-tax Act or,
as the case may be, under the agricultural income tax
law ; and
(b) the arrears of such depreciation and losses incurred
by him in respect of the establishment for the previous
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accounting years have been fully set off against his
profits.
Explanation 2.––For the purposes of sub-sections (6), (7) and (8),
sale of the goods produced or manufactured during
the course of the trial running of any factory or of
the prospecting stage of any mine or an oil-field
shall not be taken into consideration and where any
question arises with regard to such production or
manufacture, the appropriate Government may, after
giving the parties a reasonable opportunity of
representing the case, decide upon the issue.
(9) The provisions of sub-sections (6), (7) and (8) shall, so far
as may be, apply to new departments or undertakings or branches set
up by existing establishments.
27.
Proportionate reduction in bonus in certain cases.—Where
an employee has not worked for all the working days in an accounting
year, the minimum bonus under sub-section (1) of section 26, if such
bonus is higher than eight and one third per cent of the salary or wage
of the days such employee has worked in that accounting year, shall
be proportionately reduced.
28.
Computation of number of working days.—For the
purposes of section 27, an employee shall be deemed to have worked
in an establishment in any accounting year also on the days on which,––
(a) he has been laid off under an agreement or as permitted
by standing orders under the Industrial Employment
(Standing Orders) Act, 1946 (20 of 1946) or under the
Industrial Disputes Act, 1947 (14 of 1947) or under any
other law applicable to the establishment ;
(b) he has been on leave with salary or wages ;
(c) he has been absent due to temporary disablement caused
by accident arising out of and in the course of his
employment ; and
(d) the employee has been on maternity leave with salary or
wages, during the accounting year.
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29.
Disqualification for bonus.—Notwithstanding anything
contained in this Code, an employee shall be disqualified from receiving
bonus under this Code, if he is dismissed from service for ––
(a) fraud ; or
(b) riotous or violent behaviour while on the premises of the
establishment ; or
(c) theft, misappropriation or sabotage of any property of the
establishment ; or
(d) conviction for sexual harassment.
30.
Establishments to include departments, undertakings and
branches.—Where an establishment consists of different departments
or undertakings or has branches, whether situated in the same place
or in different places, all such departments or undertakings or branches
shall be treated as parts of the same establishment for the purpose of
computation of bonus under this Code :
Provided that where for any accounting year a separate balance-
sheet and profit and loss account are prepared and maintained in
respect of any such department or undertaking or branch, then, such
department or undertaking or branch shall be treated as a separate
establishment for the purpose of computation of bonus, under this
Code for that year, unless such department or undertaking or branch
was, immediately before the commencement of that accounting year
treated as part of the establishment for the purpose of computation of
bonus.
31.
Payment of bonus out of allocable surplus.—(1) The
bonus shall be paid out of the allocable surplus which shall be an
amount equal to sixty per cent in case of a banking company and sixty-
seven per cent in case of other establishment, of the available surplus
and the available surplus shall be the amount calculated in accordance
with section 33.
(2) Audited accounts of companies shall not normally be questioned.
(3) Where there is any dispute regarding the quantum of bonus,
the authority notified by the appropriate Government having jurisdiction
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may call upon the employer to produce the balance sheet before it, but
the authority shall not disclose any information contained in the balance
sheet unless agreed to by the employer.
32.
Computation of gross profits.—The gross profits derived
by an employer from an establishment in respect of the accounting
year shall,––
(a) in the case of a banking company, be calculated in the
manner as may be prescribed by the Central Government ;
(b) in any other case, be calculated in the manner as may be
prescribed by the Central Government.
33.
Computation of available surplus.—The available surplus
in respect of any accounting year shall be the gross profits for that
year after deducting therefrom the sums referred to in section 34 :
Provided that the available surplus in respect of the accounting
year commencing on any day in a year after the commencement of
this Code and in respect of every subsequent accounting year shall be
the aggregate of—
(a) the gross profits for that accounting year after deducting
therefrom the sums referred to in section 34 ; and
(b) an amount equal to the difference between––
(i) the direct tax, calculated in accordance with the
provisions of section 35, in respect of an amount
equal to the gross profits of the employer for the
immediately preceding accounting year ; and
(ii) the direct tax, calculated in accordance with provisions
of section 35, in respect of an amount equal to the
gross profits of the employer for such preceding
accounting year after deducting there from the amount
of bonus which the employer has paid or is liable to
pay to his employees in accordance with the
provisions of this Code for that year.
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34.
Sums deductible from gross profits.—The following sums
shall be deducted from the gross profits as prior charges, namely :—
(a) any amount by way of depreciation admissible in accordance
with the provisions of sub-section (1) of section 32 of the
Income-tax Act or in accordance with the provisions of the
agricultural income-tax law, for the time being in force, as
the case may be ;
(b) subject to the provisions of section 35, any direct tax which
the employer is liable to pay for the accounting year in
respect of his income, profits and gains during that year ;
(c) such further sums in respect of the employer as may be
prescribed by the Central Government.
35.
Calculation of direct tax payable by the employer.—For
the purposes of this Code, any direct tax payable by the employer for
any accounting year shall, subject to the following provisions, be
calculated at the rates applicable to the income of the employer for
that year, namely :—
(a) in calculating such tax no account shall be taken of,––
(i) any loss incurred by the employer in respect of any
previous accounting year and carried forward under
any law for the time being in force relating to direct
taxes ;
(ii) any arrears of depreciation which the employer is
entitled to add to the amount of the allowance for
depreciation for any succeeding accounting year or
years under sub-section (2) of section 32 of the
Income-tax Act ;
(b) where the employer is a religious or a charitable institution
to which the provisions of section 41 do not apply and the
whole or any part of its income is exempt from the tax
under the Income-tax Act, then, with respect to the income
so exempted, such institution shall be treated as if it were
a company in which the public are substantially interested
within the meaning of that Act ;
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(c) where the employer is an individual or a Hindu undivided
family, the tax payable by such employer under the Income-
tax Act shall be calculated on the basis that the income
derived by him from the establishment is his only income ;
(d) where the income of any employer includes any profits and
gains derived from the export of any goods or merchandise
out of India and any rebate on such income is allowed
under any law for the time being in force relating to direct
taxes, then, no account shall be taken of such rebate ;
(e) no account shall be taken of any rebate other than
development rebate or investment allowance or
development allowance or credit or relief or deduction
(not hereinbefore mentioned in this section) in the payment
of any direct tax allowed under any law for the time being
in force relating to direct taxes or under the relevant annual
Finance Act, for the development of any industry.
36.
Set on and set off of allocable surplus.—(1) Where for any
accounting year, the allocable surplus exceeds the amount of maximum
bonus payable to the employees in the establishment under section 26,
then, the excess shall, subject to a limit of twenty per cent of the total
salary or wage of the employees employed in the establishment in that
accounting year, be carried forward for being set on in the succeeding
accounting year and so on up to and inclusive of the fourth accounting
year to be utilised for the purpose of payment of bonus in such manner
as may be prescribed by the Central Government.
(2) Where for any accounting year, there is no available surplus
or the allocable surplus in respect of that year falls short of the amount
of minimum bonus payable to the employees in the establishment
under section 26, and there is no amount or sufficient amount carried
forward and set on under sub-section (1) which could be utilised for
the purpose of payment of the minimum bonus, then, such minimum
amount or the deficiency, as the case may be, shall be carried forward
for being set off in the succeeding accounting year and so on up to
and inclusive of the fourth accounting year in such manner as may be
prescribed by the Central Government.
(3) The principle of set on and set off as may be provided in
rules by the Central Government under this Code shall apply to all
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other cases not covered by sub-section (1) or sub-section (2) for the
purpose of payment of bonus under this Code.
(4) Where in any accounting year any amount has been carried
forward and set on or set off under this section, then, in calculating
bonus for the succeeding accounting year, the amount of set on or set
off carried forward from the earliest accounting year shall first be
taken into account.
37.
Adjustment of customary or interim bonus against bonus
payable under this Code.—Where in any accounting year,—
(a) an employer has paid any puja bonus or other customary
bonus to employee ; or
(b) an employer has paid a part of the bonus payable under
this Code to an employee before the date on which such
bonus becomes payable, then, the employer shall be entitled
to deduct the amount of bonus so paid from the amount of
bonus payable by him to the employee under this Code in
respect of that accounting year and the employee shall be
entitled to receive only the balance.
38.
Deduction of certain amounts from bonus payable.—Where
in any accounting year, an employee is found guilty of misconduct
causing financial loss to the employer, then, it shall be lawful for the
employer to deduct the amount of loss from the amount of bonus
payable by him to the employee under this Code in respect of that
accounting year only and the employee shall be entitled to receive the
balance, if any.
39.
Time limit for payment of bonus.—(1) All amounts payable
to an employee by way of bonus under this Code shall be paid
by crediting it in the bank account of the employee by his
employer within a period of eight months from the close of the
accounting year :
Provided that the appropriate Government or such authority as
the appropriate Government may specify in this behalf may, upon an
application made to it by the employer and for sufficient reasons, by
order, extend the said period of eight months to such further period or
periods as it thinks fit ; so, however, that the total period so extended
shall not in any case exceed two years.
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(2) Notwithstanding anything contained in sub-section (1), where
there is a dispute regarding payment of bonus pending before any
authority, such bonus shall be paid, within a period of one month from
the date on which the award becomes enforceable or the settlement
comes into operation, in respect of such dispute :
Provided that if, there is a dispute for payment at the higher rate,
the employer shall pay eight and one-third per cent of the wages
earned by the employee as per the provisions of this Code within a
period of eight months from the close of the accounting year.
40.
Application of this Chapter to establishments in public sector
in certain cases.—(1) If in any accounting year an establishment in
public sector sells any goods produced or manufactured by it or renders
any services, in competition with an establishment in private sector,
and the income from such sale or services or both, is not less than
twenty per cent of the gross income of the establishment in public
sector for that year, then, the provisions of this Chapter shall apply in
relation to such establishment in public sector as they apply in relation
to a like establishment in private sector.
(2) Save as otherwise provided in sub-section (1), nothing in this
Chapter shall apply to the employees employed by any establishment
in public sector.
41.
Non-applicability of this Chapter.—(1) Nothing in this
Chapter shall apply to––
(a) employees employed by the Life Insurance Corporation of
India ;
(b) seamen as defined in clause (42) of section 3 of the
Merchant Shipping Act, 1958 (44 of 1958) ;
(c) employees registered or listed under any scheme made
under the Dock Workers (Regulation of Employment) Act,
1948 (9 of 1948) and employed by registered or listed
employers ;
(d) employees employed by an establishment under the
authority of any department of the Central Government or
a State Government or a local authority ;
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(e) employees employed by––
(i) the Indian Red Cross Society or any other institution
of a like nature including its branches ;
(ii) universities and other educational institutions ;
(iii) institutions including hospitals, chamber of commerce
and social welfare institutions established not for
purposes of profit ;
(f) mployees employed by the Reserve Bank of India ;
(g) employees employed by public sector financial institution
other than a banking company, which the Central
Government may, by notification, specify, having regard
to—
(i) its capital structure ;
(ii) its objectives and the nature of its activities ;
(iii) the nature and extent of financial assistance or any
concession given to it by the Government ; and
(iv) any other relevant factor ;
(h) employees employed by inland water transport
establishments operating on routes passing through any
other country ; and
(i) employees of any other establishment which the appropriate
Government may, by notification, exempt having regard to
the overall benefits under any other scheme of profit sharing
available in such establishments to the employees.
(2) Subject to the provisions of sub-section (1) and
notwithstanding anything contained in any other provisions of this
Chapter, the provisions of this Chapter shall apply to such establishment
in which twenty or more persons are employed or were employed on
any day during an accounting year.
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CHAPTER V
Advisory Board
42.
Central Advisory Board and State Advisory Boards.—(1)
The Central Government shall constitute the Central Advisory Board
which shall consist of persons to be nominated by the Central
Government—
(a) representing employers ;
(b) representing employees which shall be equal in number of
the members specified in clause (a) ;
(c) independent persons, not exceeding one-third of the total
members of the Board ; and
(d) five representatives of such State Governments as may be
nominated by the Central Government.
(2) One-third of the members referred to in sub-section (1) shall
be women and a member specified in clause (c) of the said sub-
section shall be appointed by the Central Government as the
Chairperson of the Board.
(3) The Central Advisory Board constituted under sub-section
(1) shall from time to time advise the Central Government on reference
of issues relating to––
(a) fixation or revision of minimum wages and other connected
matters ;
(b) providing increasing employment opportunities for women ;
(c) the extent to which women may be employed in such
establishments or employments as the Central Government
may, by notification, specify in this behalf ; and
(d) any other matter relating to this Code, and on such advice,
the Central Government may issue directions to the State
Government as it deems fit in respect of matters relating
to issues referred to the Board.
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(4) Every State Government shall constitute a State Advisory
Board for advising the State Government—
(a) in fixation or revision of minimum wages and other
connected matters ;
(b) for the purpose of providing increasing employment
opportunities for women ;
(c) with regard to the extent to which women may be employed
in such establishments or employments as the State
Government may, by notification, specify in this behalf ;
and
(d) in any other matter relating to this Code, which the State
Government may refer from time to time to the Board.
(5) The State Advisory Board may constitute one or more
committees or sub-committees to look into issues pertaining to matters
specified in clauses (a) to (d) of sub-section (4).
(6) The State Advisory Board and each of the committees and
sub- committees thereof shall consist of persons––
(a) representing employers ;
(b) representing employees which shall be equal in number of
the members specified in clause (a) ; and
(c) independent persons, not exceeding one-third of the total
members of the Board or committee or sub-committee, as
the case may be.
(7) One-third of the members referred to in sub-section (6) shall
be women and one among the members specified in clause (c) of the
said sub-section shall be––
(a) appointed by the State Government as the Chairperson of
the Board ;
(b) appointed by the State Advisory Board as the Chairperson
of the committee or sub-committee, as the case may be.
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(8) In tendering its advice in the matters specified in clause (b)
or clause (c) of sub-section (4), the State Advisory Board shall have
regard to the number of women employed in the concerned
establishment, or employment, the nature of work, hours of work,
suitability of women for employment, as the case may be, the need for
providing increasing employment opportunities for women, including
part time employment, and such other relevant factors as the Board
may think fit.
(9) The State Government may, after considering the advice
tendered to it by the State Advisory Board and after inviting and
considering the representations from establishment or employees or
any other person which that Government thinks fit, issue such direction
as may be deemed necessary.
(10) The Central Advisory Board referred to in sub-section (1)
and the State Advisory Board referred to in sub-section (4) shall
respectively regulate their own procedure including that of the
committees and sub-committees constituted by the State Advisory
Board, in such manner as may be prescribed.
(11) The terms of office of the Central Advisory Board referred
to in sub-section (1) and the State Advisory Board referred to in sub-
section (4) including that of the committees and sub-committees
constituted by the State Advisory Board, shall be such as may be
prescribed.
CHAPTER VI
Payment of Dues, Claims and Audit
43.
Responsibility for payment of various dues.—Every employer
shall pay all amounts required to be paid under this Code to every
employee employed by him :
Provided that where such employer fails to make such payment
in accordance with this Code, then, the company or firm or association
or any other person who is the proprietor of the establishment, in
which the employee is employed, shall be responsible for such payment.
Explanation.––For the purposes of this section the expression “firm”
shall have the same meaning as assigned to it in the
Indian Partnership Act, 1932 (9 of 1932).
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44.
Payment of various undisbursed dues in case of death of
employee.—(1) Subject to the other provisions of this Code, all amounts
payable to an employee under this Code shall, if such amounts could
not or cannot be paid on account of his death before payment or on
account of his whereabouts not being known,—
(a) be paid to the person nominated by him in this behalf in
accordance with the rules made under this Code ; or
(b) where no such nomination has been made or where for
any reasons such amounts cannot be paid to the person so
nominated, be deposited with the such authority, as may
be prescribed, who shall deal with the amounts so deposited
in the manner as may be prescribed.
(2) Where in accordance with the provisions of sub-section (1),
all amounts payable to an employee under this Code—
(a) are paid by the employer to the person nominated by the
employee ; or
(b) are deposited by the employer with the authority referred
to in clause (b) of sub-section (1), then, the employer shall
be discharged of his liability to pay those amounts.
45.
Claims under Code and procedure thereof.—(1) The
appropriate Government may, by notification, appoint one or more
authorities, not below the rank of a Gazetted Officer, to hear
and determine the claims which arises under the provisions of this
Code.
(2) The authority appointed under sub-section (1), while deciding
the claim under that sub-section, may order, having regard to the
circumstances under which the claim arises, the payment of
compensation in addition to the claim determined, which may extend
to ten times of the claim determined and endeavour shall be made by
the authority to decide the claim within a period of three months.
(3) If an employer fails to pay the claim determined and
compensation ordered to be paid under sub-section (2), the authority
shall issue a certificate of recovery to the Collector or District
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Magistrate of the district where the establishment is located who shall
recover the same as arrears of land revenue and remit the same to the
authority for payment to the concerned employee.
(4) Any application before the authority for claim referred to in
sub-section (1) may be filed by,––
(a) the employee concerned ; or
(b) any Trade Union registered under the Trade Unions Act,
1926 (16 of 1926) of which the employee is a member ; or
(c) the Inspector-cum-Facilitator.
(5) Subject to such rules as may be made, a single application
may be filed under this section on behalf or in respect of any number
of employees employed in an establishment.
(6) The application under sub-section (4) may be filed within a
period of three years from the date on which claims referred to in sub-
section (1) arises :
Provided that the authority referred to in sub-section (1) may,
entertain the application after three years on sufficient cause being
shown by the applicant for such delay.
(7) The authority appointed under sub-section (1) and the appellate
authority appointed under sub-section (1) of section 49, shall have all
the powers of a civil court under the Code of Civil Procedure, 1908
(5 of 1908) for the purpose of taking evidence and of enforcing the
attendance of witnesses and compelling the production of documents,
and every such authority or appellate authority shall be deemed to be
a civil court for all the purposes of section 195 and Chapter XXVI of
the Code of Criminal Procedure, 1973 (2 of 1974).
46.
Reference of disputes under this code.—Notwithstanding
anything contained in this Code, where any dispute arises between an
employer and his employees with respect to—
(a) fixation of bonus or eligibility for payment of bonus under
the provisions of this Code ; or
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(b) the application of this Code, in respect of bonus, to an
establishment in public sector, then, such dispute shall be
deemed to be an industrial dispute within the meaning of
the Industrial Disputes Act, 1947 (14 of 1947).
47.
Presumption about accuracy of balance sheet and profit
and loss account of corporations and companies.—(1) Where, during
the course of proceedings before—
(a) the authority under section 45 ; or
(b) the appellate authority under section 49 ; or
(c) a Tribunal ; or
(d) an arbitrator referred to in clause (aa) of section 2 of the
Industrial Dispute Act, 1947 (14 of 1947),
in respect of any dispute of the nature specified in sections
45 and 46 or in respect of an appeal under section 49, the
balance sheet and the profit and loss account of an
employer, being a corporation or a company (other than a
banking company), duly audited by the Comptroller and
Auditor General of India or by auditors duly qualified to
act as auditors of companies under section 141 of the
Companies Act, 2013 (18 of 2013) are produced before it,
then, the said authority, appellate authority, Tribunal or
arbitrator, as the case may be, may presume the statements
and particulars contained in such balance sheet and profit
and loss account to be accurate and it shall not be necessary
for the corporation or the company to prove the accuracy
of such statements and particulars by the filing of an
affidavit or by any other mode :
Provided that where the said authority, appellate authority,
Tribunal or arbitrator, as the case may be, is satisfied that the statements
and particulars contained in the balance sheet or the profit and loss
account of the corporation or the company are not accurate, it may
take such steps as it thinks necessary to find out the accuracy of such
statements and particulars.
(2) When an application is made to the authority, appellate
authority, Tribunal or arbitrator, as the case may be, referred to in
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sub-section (1), by any Trade Union being a party to the dispute or as
the case may be, an appeal, and where there is no Trade Union, by
the employees being a party to the dispute, or as the case may be, an
appeal, requiring any clarification relating to any item in the balance
sheet or the profit and loss account, then such authority, appellate
authority, Tribunal or arbitrator, may, after satisfying itself that such
clarification is necessary, by order, direct the corporation or, as the
case may be, the company, to furnish to the Trade Union or the
employees such clarification within such time as may be specified in
the direction and the corporation or, as the case may be, the company,
shall comply with such direction.
48.
Audit of account of employers not being coporations or
companies.—(1) Where any claim, dispute or appeal with respect to
bonus payable under this Code between an employer, not being a
corporation or a company, and his employees is pending before any
authority, appellate authority, Tribunal or arbitrator, as the case may
be, as referred to in sub-section (1) of section 47 and the accounts of
such employer audited by any auditor duly qualified to act as auditor
of companies under the provisions of section 141 of the Companies
Act, 2013 (18 of 2013) are produced before such authority, appellate
authority, Tribunal or arbitrator, then the provisions of section 47
shall, so far as may be, apply to the accounts so audited.
(2) When the authority, appellate authority, Tribunal or arbitrator,
referred to in sub-section (1), as the case may be, finds that the accounts
of such employer have not been audited by any such auditor and it is
of opinion that an audit of the accounts of such employer is necessary
for deciding the question referred to it, then, such authority, appellate
authority, Tribunal or arbitrator, may, by order, direct the employer to
get his accounts audited within such time as may be specified in the
direction or within such further time as it may allow by such auditor
or auditors as it thinks fit and thereupon the employer shall comply
with such direction.
(3) Where an employer fails to get the accounts audited under
sub-section (2), the authority, appellate authority, Tribunal or arbitrator,
referred to in sub-section (1), as the case may be, may, without
prejudice to the provisions of section 54, get the accounts audited by
such auditor or auditors as it thinks fit.
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(4) When the accounts are audited under sub-section (2) or sub-
section (3), the provisions of section 47 shall, so far as may be, apply
to the accounts so audited.
(5) The expenses of, and incidental to, any audit under sub-
section (3) including the remuneration of the auditor or auditors shall
be determined by the authority, appellate authority, Tribunal or
arbitrator, referred to in sub-section (1), as the case may be, and paid
by the employer and in default of such payment shall be recoverable
by the authority referred to in sub-section (3) of section 45 from the
employer in the manner provided in that sub-section.
49.
Appeal.—(1) Any person aggrieved by an order passed by
the authority under sub-section (2) of section 45 may prefer an appeal,
to the appellate authority having jurisdiction appointed by the
appropriate Government, by notification, for such purpose, within
ninety days from the date of such order, in such form and manner as
may be prescribed :
Provided that the appellate authority may entertain the appeal
after ninety days if it satisfied that the delay in filing the appeal has
occurred due to sufficient cause.
(2) The appellate authority shall be appointed from the officers
of the appropriate Government holding the post at least one rank
higher than the authority referred under sub-section (1) of section 45.
(3) The appellate authority shall, after hearing the parties in the
appeal, dispose of the appeal and endeavour shall be made to dispose
of the appeal within a period of three months.
(4) The outstanding dues under the orders of the appellate
authority shall be recovered by the authority referred to in section 45,
by issuing the certificate of recovery in the manner specified in sub-
section (3) of that section.
50.
Records, returns and notices.—(1) Every employer of
an establishment to which this Code applies shall maintain a
register containing the details with regard to persons employed,
muster roll, wages and such other details in such manner as may be
prescribed.
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(2) Every employer shall display a notice on the notice board at
a prominent place of the establishment containing the abstract of this
Code, category-wise wage rates of employees, wage period, day or
date and time of payment of wages, and the name and address of the
Inspector-cum-Facilitator having jurisdiction.
(3) Every employer shall issue wage slips to the employees in
such form and manner as may be prescribed.
(4) The provisions of sub-sections (1) to (3) shall not apply in
respect of the employer to the extent he employs not more than five
persons for agriculture or domestic purpose :
Provided that such employer, when demanded, shall produce
before the Inspector-cum-Facilitator, the reasonable proof of the
payment of wages to the persons so employed.
Explanation.—For the purposes of this sub-section, the expression
“domestic purpose” means the purpose exclusively
relating to the home or family affairs of the employer
and does not include any affair relating to any
establishment, industry, trade, business, manufacture
or occupation.
CHAPTER VII
Inspector-cum-Facilitator
51.
Appointment of Inspector-cum-Facilitators and their
powers.—(1) The appropriate Government may, by notification, appoint
Inspector-cum-Facilitators for the purposes of this Code who shall
exercise the powers conferred on them under sub-section (4) throughout
the State or such geographical limits assigned in relation to one or
more establishments situated in such State or geographical limits or in
one or more establishments, irrespective of geographical limits,
assigned to him by the appropriate Government, as the case may be.
(2) The appropriate Government may, by notification, lay down
an inspection scheme which may also provide for generation of a
web-based inspection and calling of information relating to the
inspection under this Code electronically.
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(3) Without prejudice to the provisions of sub-section (2), the
appropriate Government may, by notification, confer such jurisdiction
of randomised selection of inspection for the purposes of this Code to
the Inspector-cum-Facilitator as may be specified in such notification.
(4) Every Inspector-cum-Facilitator appointed under sub-section (1)
shall be deemed to be public servant within the meaning of section 21
of the Indian Penal Code (45 of 1860).
(5) The Inspector-cum-Facilitator may––
(a) advice to employers and workers relating to compliance
with the provisions of this Code ;
(b) inspect the establishments as assigned to him by the
appropriate Government, subject to the instructions or
guidelines issued by the appropriate Government from time
to time.
(6) Subject to the provisions of sub-section (4), the Inspector-
cum-Facilitator may,—
(a) examine any person who is found in any premises of the
establishment, whom the Inspector-cum-Facilitator has
reasonable cause to believe, is a worker of the
establishment ;
(b) require any person to give any information, which is in his
power to give with respect to the names and addresses of
the persons ;
(c) search, seize or take copies of such register, record of
wages or notices or portions thereof as the Inspector-cum-
Facilitator may consider relevant in respect of an offence
under this Code and which the Inspector-cum-Facilitator
has reason to believe has been committed by the employer ;
(d) bring to the notice of the appropriate Government defects
or abuses not covered by any law for the time being in
force ; and
(e) exercise such other powers as may be prescribed.
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(7) Any person required to produce any document or to give any
information required by a Inspector-cum-Facilitator under sub-section (5)
shall be deemed to be legally bound to do so within the meaning of
section 175 and section 176 of the Indian Penal Code (45 of 1860).
(8) The provisions of the Code of Criminal Procedure,
1973 (2 of 1974) shall, so far as may be, apply to the search or seizure
under sub-section (5) as they apply to the search or seizure made
under the authority of a warrant issued under section 94 of the
said Code.
CHAPTER VIII
Offences and Penalties
52.
Cognizance of offences.—(1) No court shall take cognizance
of any offence punishable under this Code, save on a complaint made
by or under the authority of the appropriate Government or an officer
authorised in this behalf, or by an employee or a registered Trade
Union registered under the Trade Unions Act, 1926 (16 of 1926) or an
Inspector-cum-Facilitator.
(2) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974) no court inferior to that of a Metropolitan
Magistrate or Judicial Magistrate of the First Class shall try the offences
under this Code.
53.
Power of officers of appropriate Government to impose
penalty in certain cases.—(1) Notwithstanding anything contained in
section 52, for the purpose of imposing penalty under clauses (a) and
(c) of sub-section (1) and sub-section (2) of section 54 and sub-
section (7) of section 56, the appropriate Government may appoint
any officer not below the rank of Under Secretary to the Government
of India or an officer of equivalent rank in the State Government, as
the case may be, for holding enquiry in such manner, as may be
prescribed by the Central Government.
(2) While holding the enquiry, the officer referred to in sub-
section (1) shall have the power to summon and enforce attendance of
any person acquainted with the facts and circumstances of the case to
give evidence or to produce any document, which in the opinion of
such officer, may be useful for or relevant to the subject matter of the
enquiry and if, on such enquiry, he is satisfied that the person has
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committed any offence under the provisions referred to in sub-
section (1), he may impose such penalty as he thinks fit in accordance
with such provisions.
54.
Penalties for offences.—(1) Any employer who—
(a) pays to any employee less than the amount due to such
employee under the provisions of this Code shall be
punishable with fine which may extend to fifty thousand
rupees ;
(b) having been convicted of an offence under clause (a) is
again found guilty of similar offence under this clause,
within five years from the date of the commission of the
first or subsequent offence, he shall, on the second and the
subsequent commission of the offence, be punishable with
imprisonment for a term which may extend to three months
or with fine which may extend to one lakh rupees, or with
both ;
(c) contravenes any other provision of this Code or any rule
made or order made or issued thereunder shall be
punishable with fine which may extend to twenty thousand
rupees ;
(d) having been convicted of an offence under clause (c) is
again found guilty of similar offence under this clause,
within five years from the date of the commission of the
first or subsequent offence, he shall, on the second and the
subsequent commission of the offence under this clause,
be punishable with imprisonment for a term which may
extend to one month or with fine which may extend to
forty thousand rupees, or with both.
(2) Notwithstanding anything contained in sub-section (1), for
the offences of non-maintenance or improper maintenance of records
in the establishment, the employer shall be punishable with fine which
may extend to ten thousand rupees.
(3) Notwithstanding anything contained in clause (c) of sub-
section (1) or sub-section (2), the Inspector-cum-Facilitator shall, before
initiation of prosecution proceeding for the offences under the said
clause or sub-section, give an opportunity to the employer to comply
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with the provisions of this Code by way of a written direction, which
shall lay down a time period for such compliance, and, if the employer
complies with the direction within such period, the Inspector-cum-
Facilitator shall not initiate such prosecution proceeding and, no such
opportunity shall be accorded to an employer, if the violation of the
same nature of the provisions under this Code is repeated within a
period of five years from the date on which such first violation was
committed and in such case the prosecution shall be initiated in
accordance with the provisions of this Code.
55.
Offences by companies.—(1) If the person committing an
offence under this Code is a company, every person who, at the time
the offence was committed was in charge of, and was responsible to
the company for the conduct of business of the company, as well as
the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment 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.
(2) Notwithstanding anything contained in sub-section (1), where
an offence under this Code has been committed by a company and it
is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation.––For the purposes of this section,––
(a) “company” means anybody corporate and includes—
(i) a firm ; or
(ii) a limited liability partnership registered under the
Limited Liability Partnership Act, 2008 (6 of 2009) ;
or
(iii) other association of individuals ; and
(b) “director” in relation to a firm means a partner in the firm.
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56.
Composition of offences.—(1) Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974) any
offence punishable under this Code, not being an offence punishable
with imprisonment only, or with imprisonment and also with fine, may,
on an application of the accused person, either before or after the
institution of any prosecution, be compounded by a Gazetted Officer,
as the appropriate Government may, by notification, specify, for a sum
of fifty per cent of the maximum fine provided for such offence, in the
manner as may be prescribed.
(2) Nothing contained in sub-section (1) shall apply to an offence
committed by a person for the second time or thereafter within a
period of five years from the date—(i) of commission of a similar
offence which was earlier compounded ; (ii) of commission of similar
offence for which such person was earlier convicted.
(3) Every officer referred to in sub-section (1) shall exercise the
powers to compound an offence, subject to the direction, control and
supervision of the appropriate Government.
(4) Every application for the compounding of an offence shall be
made in such manner as may be prescribed.
(5) Where any offence is compounded before the institution of
any prosecution, no prosecution shall be instituted in relation to such
offence, against the offender in relation to whom the offence is so
compounded.
(6) Where the composition of any offence is made after the
institution of any prosecution, such composition shall be brought by the
officer referred to in sub-section (1) in writing, to the notice of the
court in which the prosecution is pending and on such notice of the
composition of the offence being given, the person against whom the
offence is so compounded shall be discharged.
(7) Any person who fails to comply with an order made by the
officer referred to in sub-section (1), shall be punishable with a sum
equivalent to twenty per cent of the maximum fine provided for the
offence, in addition to such fine.
(8) No offence punishable under the provisions of this Code shall
be compounded except under and in accordance with the provisions of
this section.
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CHAPTER IX
Miscellaneous
57.
Bar of suits.—No court shall entertain any suit for the
recovery of minimum wages, any deduction from wages, discrimination
in wages and payment of bonus, in so far as the sum so claimed—
(a) forms the subject of claims under section 45 ;
(b) has formed the subject of a direction under this Code ;
(c) has been adjudged in any proceeding under this Code ;
(d) could have been recovered under this Code.
58.
Protection of action taken in good faith.—No suit,
prosecution or any other legal proceeding shall lie against the
appropriate Government or any officer of that Government for anything
which is in good faith done or intended to be done under this Code.
59.
Burden of proof.—Where a claim has been filed on account
of non-payment of remuneration or bonus or less payment of wages
or bonus or on account of making deductions not authorised by this
Code from the wages of an employee, the burden to prove that the
said dues have been paid shall be on the employer.
60.
Contracting out.—Any contract or agreement whereby an
employee relinquishes the right to any amount or the right to bonus
due to him under this Code shall be null and void in so far as it
purports to remove or reduce the liability of any person to pay such
amount under this Code.
61.
Effect of laws agreements, etc. inconsistent with this Code.—
The provisions of this Code shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being
in force or in the terms of any award, agreement, settlement or contract
of service.
62.
Delegation of powers.—The appropriate Government may,
by notification, direct that any power exercisable by it under this Code
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shall, in relation to such matters and subject to such conditions, if any,
is may be specified in the notification, be also exercisable—
(a) where the appropriate Government is the Central Government,
by such officer or authority subordinate to the Central Government or
by the State Government or by such officer or authority subordinate
to the State Government, as may be specified in the notification ;
(b) where the appropriate Government is a State Government, by
such officer or authority subordinate to the State Government as may
be specified in the notification.
63.
Exemption of employer from liability in certain cases.—
Where an employer is charged with an offence under this Code, he
shall be entitled upon complaint duly made by him, to have any other
person whom he charges as the actual offender, brought before the
court at the time appointed for hearing the charge ; and if, after the
commission of the offence has been proved, the employer proves to
the satisfaction of the court—
(a) that he has used due diligence to enforce the execution of
this Code ; and
(b) that the said other person committed the offence in question
without his knowledge, consent or connivance, that other
person shall be convicted of the offence and shall be liable
to the like punishment as if he were the employer and the
employer shall be discharged from any liability under this
Code in respect of such offence :
Provided that in seeking to prove, as aforesaid, the employer
may be examined on oath, and the evidence of the employer or his
witness, if any, shall be subject to cross-examination by or on behalf
of the person whom the employer charges as the actual offender and
by the prosecution.
64.
Protection against attachments of assets of employer with
Government.—Any amount deposited with the appropriate Government
by an employer to secure the due performance of a contract with that
Government and any other amount due to such employer from that
Government in respect of such contract shall not be liable to attachment
under any decree or order of any court in respect of any debt or
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liability incurred by the employer other than any debt or liability incurred
by the employer towards any employee employed in connection with
the contract aforesaid.
65.
Power of Central Government to give directions.—The
Central Government may, for carrying into execution of the provisions
of this Code in the State give directions to the State Government, and
the State Government shall abide by such directions.
66.
Saving.—Nothing contained in this Code shall be deemed
to affect the provisions of the Mahatma Gandhi National Rural
Employment Guarantee Act, 2005 (42 of 2005) and the Coal Mines
Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948)
or of any scheme made thereunder.
67.
Power of appropriate Government to make rules.—(1) The
appropriate Government may, subject to the condition of previous
publication, make rules for carrying out the provisions of this Code.
(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 manner of calculating the wages under sub-section (4)
of section 6 ;
(b) the arduousness of work to be taken into account in addition
to minimum rate of wages for certain category of workers
under clause (b) of sub-section (6) of section 6 ;
(c) the norms under clause (c) of sub-section (6) of
section 6 ;
(d) the cases and circumstances in which an employee
employed for a period of less than the requisite number of
hours shall not be entitled to receive wages for a full
normal working day, under section 10 ;
(e) the extent and conditions, which shall apply in relation to
certain classes of employees under sub-section (2) of
section 13 ;
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(f) the longer wage period for fixation of minimum rate of
wages as referred to in section 14 ;
(g) the manner of deducting loans made from any fund
constituted for the welfare of labour under sub-clause (ii)
of clause (f) of sub-section (2) of section 18 ;
(h) the manner of recovery of excess of amount under sub-
section (4) of section 18 ;
(i) the authority to provide approval for imposition of fine
under sub-section (1) of section 19 ;
(j) the manner of exhibition of the acts and omissions to
be specified in the notice under sub-section (2) of
section 19 ;
(k) the procedure for the imposition of fines under sub-section
(3) of section 19 ;
(l) the form of the register to record all fines and all
realisations thereof under sub-section (8) of section 19 ;
(m) the procedure for making deductions for absence from duty
under sub-section (2) of section 20 ;
(n) the procedure for making deductions for damage or loss
under sub-section (2) of section 21 ;
(o) the form of the register to record all deductions and all
realisations thereof under sub-section (3) of section 21 ;
(p) conditions for recovery of advance of money given to an
employee after the employment began under clause (b) of
section 23 ;
(q) conditions for recovery of advances of wages to an
employee not already earned under clause (c) of
section 23 ;
(r) deductions for recovery of loans and the rate of interest
payable thereon under section 24 ;
No. 19-2]
The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941.
51
–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(s) the manner of regulating the procedure by the Central
Advisory Board and the State Advisory Board, including
that of the committees and sub-committees constituted by
the State Advisory Board, under sub-section (10) of
section 42 ;
(t) the terms of office of members of the Central Advisory
Board, the State Advisory Board, including that of the
committees and sub-committees constituted by the State
Advisory Board, under sub-section (11) of section 42 ;
(u) the authority and manner of depositing with such authority,
various undisbursed dues under clause (b) of sub-section
(1) of section 44 ;
(v) the form of single application in respect of a number of
employees under sub-section (5) of section 45 ;
(w) the form for making an appeal to the appellate authority
under sub-section (1) of section 49 ;
(x) the manner of maintenance of a register by the employer
under sub-section (1) of section 50 ;
(y) the form and manner of issuing wage slips under sub-
section (3) of section 50 ;
(z) the other powers to be exercised by the Inspector-cum-
Facilitator under sub-section (5) of section 51 ;
(za) the manner of imposing fine under sub-section (1) of
section 56 ;
(zb) the manner of composition of offence by a Gazetted Officer
specified under sub-section (4) of section 56 ;
(zc) any other matter which is required to be, or may be,
prescribed under the provisions of this Code.
(3) The Central Government may, subject to the condition of
previous publication, make rules for,—
(a) the manner of fixing floor wage under sub-section (1) of
section 9 ;
52
The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941.
[No. 19-2
––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) the manner of consultation with State Government under
sub-section (3) of section 9 ;
(c) the manner of making set on or set off for the sixth
accounting year under clause (i) of sub-section (7) of
section 26 ;
(d) the manner of making set on or set off for the seventh
accounting year under clause (ii) of sub-section (7) of
section 26 ;
(e) the manner of calculating gross profit under clauses (a)
and (b) of section 32 ;
(f) such further sums in respect of employer under clause (c)
of section 34 ;
(g) the manner of utilising the excess of allocable surplus to
be carried forward for being set on in the succeeding
accounting year and so on up to and inclusive of the fourth
accounting year under sub-section (1) of section 36 ;
(h) the manner of utilising the minimum amount or the
deficiency to be carried forward for being set off in the
succeeding accounting year and so on up to and inclusive
of the fourth accounting year under sub-section (2) of
section 36 ; and
(i) the manner of holding an enquiry under sub-section (1) of
section 53.
(4) Every rule made by the Central Government under this section
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 as aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that 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 amendment shall be without prejudice to
the validity of anything previously done under that rule.
No. 19-2]
The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941.
53
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(5) Every rule made by the State Government under this section
shall, as soon as possible after it is made, be laid before the State
Legislature.
68.
Power to remove difficulties.—(1) If any difficulty arises
in giving effect to the provisions of this Code, the Central Government
may, by order published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Code, as may appear to be
necessary for removing the difficulty :
Provided that no such order shall be made under this section
after the expiry of a period of three years from the commencement of
this Code.
(2) Every order made under this section shall be laid, as soon as
may be after it is made, before each House of Parliament.
69.
Repeal and savings.—(1) The Payment of Wages Act,
1936 (4 of 1936) the Minimum Wages Act, 1948 (11 of 1948) the
Payment of Bonus Act, 1965 (21 of 1965) and the Equal Remuneration
Act, 1976 (25 of 1976) are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the enactments so repealed including any notification,
nomination, appointment, order or direction made thereunder or any
amount of wages provided in any provision of such enactments for
any purpose shall be deemed to have been done or taken or provided
for such purpose under the corresponding provisions of this Code and
shall be in force to the extent they are not contrary to the provisions
of this Code till they are repealed under the corresponding provisions
of this Code or by the notification to that effect by the Central
Government.
(3) Without prejudice to the provisions of sub-section (2), the
provisions of section 6 of the General Clauses Act, 1897 (10 of 1897)
shall apply to the repeal of such enactments.
DEPARTMENT OF URBAN LOCAL BODIES, KASHMIR,
OFFICE OF THE CHIEF EXECUTIVE OFFICER,
MUNICIPAL COUNCIL, BUDGAM.
Notification
Whereas, in exercise of the powers conferred under section 66
of the J&K Municipal Act, 2000, Municipal Council, Budgam hereby
notifies to impose and recover tax for the items classified under
clause (1) of section 66 of the Act, as per the schedule annexed
with the notification ;
Whereas, under section 70 (02) the council is supposed to publish
a notice for the information of the inhabitants of the Budgam Town ; and
Whereas, the inhabitants of Budgam Town have a right to file
objections, if any, in writing within the 30 days from the date of publication
of this notice under section 70 (3) of J&K Municipal Act, 2000.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Thu., the 14th Jan., 2021/24th Pausa, 1942. [No. 42-1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART II—B
Notifications, Notices and Orders by the Heads of Departments.
———–
The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42-1
2
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Now, this notification is issued under the seal and signature of
undersigned along with proposed schedule of tax inviting objections from
the inhabitants of the Town to be filed in writing in the Office of the
Municipal Council, Budgam, within the 30 days from the date of publication
of this Notification.
In case no such objection is received within the above specified
period, the schedule of taxes shall be affected after one week from the
date of expiry of time limit.
(Approved by the Council)
(Sd.) N. A. DAR,
Executive Officer,
Municipal Council, Budgam.
–––––––
No. 42-1] The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942.
3
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Revised Tax Schedule of Municipal Council, Budgam
Annexure-A
S.
Name of the Trade/Business
Proposed Trade Tax/
No.
Fee per year
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 Advertisement Hoardings/Boards per sft.
200
2 Aluminium Utensil Seller/Aluminium Works
1000
3 Aluminium Utensil Shop
800
4 Architecture
5000
5 Arts Emporium Permanent Shop
1500
6 Arts Emporium/Sales Centre (Per Exbb)
1500
7 Ayurvedic Practitioner/Medicine Seller
1000
8 Ayurvedic Medical Shop
1100
9 Audio Cassette/Video Shop
1500
10 Attache/Trunk Shop
1500
11 Automobile Workshop (A) Class
1500
12 (B) Class
1000
13 Agriculture equipments/Tools Seller/
1000
Agerbati Seller
14 Bajri Quarry/Extract in Town
100 per truck
15 Baker
1100
16 Bakery/Confectionery Shop
1500
17 Bike Showroom
2000
18 Bike Mechanic/Service Station of two wheeler
1000
19 Barber with Hamam
1800
20 Barbed without Hamam
1500
21 Barbed Wire Fabrications
1000
22 Basmati Factories
1500
The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42-1
4
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23 Biscuit Factory/Shop
2500 & 1500
24 Blanket processing
1500
25 Blacksmith/Ironsmith
1100
26 Boutiques Shop
800
27 Brass Utensil Seller
1100
28 Brick Industries
25000
29 Brick Kiln
20000
30 Brick NOC
10000
31 Butcher
2000
32 Beauty Parlour
2000
33 Bistar Maker
600
34 Book Seller
1500
35 Book Binder
1000
36 Candle Maker
800
37 Carpet Maker/Dealer
1500
38 Carpet weaving Material Shop
1500
39 Car Heavy Vehicle Repairing Shop
2000
40 (A) Class
3000
41 (B) Class
2000
42 Car Accessories
2000
43 Cosmetics Shop
1100
44 Cable Center
3000
45 Charges for Jetting-cum-Sewer Suction
3500, for 2nd
Machine (within the town limits of
Trip 2000
MC, Budgam)
46 Outside limits of MC, Budgam
5000
up to 10 kilometers
1
2
3
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1
2
3
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47 Outside limits of MC, Budgam
7500
up to 25 kilometers
48 Cattle Animal Feed Dealer
1500
49 Cement Retailer
1500
50 Cement Jalli Fancying Poles Mfg. Factory/Tiles
3000
51 Cigarette Wholesale dealer other than Agency
3000
52 Cigarette Seller on portable trolly
700
53 Circus (A) (Per Month)
5000
54 Circus A, Class and (B) Class (Per Month)
15000
55 Clinical Laboratory A and B
1000
56 Cold Drink/Wholesale Dealer
2000
57 Coals Dealer
1000
58 Cold Drinks Shop (A)
1000
59 Computer DTP Centre
2000
60 Computer Training Centre
2000
61 Cosecs 2*2 (Small Hoardings)
100 per 3 months
62 Cooking Gas Agency (C. P. G.) Agency
7000
63 Computer Sale and Services
1000
64 Corrugated GI Sheet Fabrication (A) and (B)
2000+2000
65 Corrugated GI Sheet Seller
1000
66 Crockery Retailer
1000
67 Copper Shop
2000
68 Cycle Dealer
1500
69 Cycle Repair Shop
500
70 Cable Network
7000
71 Cloth Shop
1000
72 Coaching Centres/Computer Institutions
3000
The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42-1
6
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1
2
3
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73 Camping Agency
3000
74 Dhabas
1000
75 Dharma Kanta
1500
76 Diagnostic Centre
2000
77 Diesel Generator Dealer
2000
78 Diesel/Petrol Pump
10000
79 Doctors Practicing in Drug Shop/Clinic
3000
80 Dupata Shop
1000
81 Dry Cleaner
1000
82 Dry Fruit Dealer
1000
83 Departmental Store
10000
84 Dyers
1000
85 Education Coaching Centre
5000
86 Electric Goods Dealer
1500
87 Film Commercial Shooting per day
5000
88 Firewood Depot
1000
89 Flour Mill
1000
90 Flour shop
1000
91 Fruit Commission Agent more than one lakh
10000
boxes per annum from 50000 to one lakh
boxes up to 50000 boxes
92 Dry Fruit Forwarding Agent
5000
93 Fruit Juice shop
2000
94 Fruit and Vegetable Wholesale dealer/retailer
2000, 1500
95 Furnishing Dealer Shop
3000
96 Furniture Shop (A)
1000
97 Furniture Maker
700
98 Fertilizers Shop
1500
No. 42-1] The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942.
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2
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99 Gabba Maker
1000
100 Glass Dealer
1500
101 Goldsmith Shop (A)
6000
102 Govt. Woolen Mills Sale Shop
2000
103 Granite Stone Shop/Marble
1500
104 Granite Stone Work/Marble Stone Work
1200
105 Grass/Fodder Mechanized Centre
1000
106 Gun Makers/Dealers
5000
107 Gym Centre
2000
108 Halwai/Sweets Shop
1000
109 Handloom Poshish Shop
1500
110 Hardware Shop
1500
111 Hopes Dry Kiln
5000
112 Hosiery Agent Outside the State Temporary
200 per day
113 Hosiery Shop (A)
1100
114 Hosiery Shop (B)
600
115 Hotels and Restaurant
2000
116 Hotel A Class
10000
117 Hotel B Class
7500
118 Hospital up to 40 beds
5000
119 Hospital up to 200 beds
20000
120 Hawker/Raida per day
25 per day
121 Ice Cream Shop
1500
122 Ice Cream Handy Cart
25 per day
123 Ice Cream Factory
3500
124 Iron Shop
1000
125 Insurance Agents
1000
The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42-1
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1
2
3
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126 Internet Cafe/Khidmat Centre
3000
127 Kangri Dealer
500
128 K. Oil Dealer
1500
129 Kiryana
1500
130 Kids Items
600
131 License Fee for Registration Draftsman
3000
132 License Fee for Insurance Surveyor
5000
133 Light Motor Vehicle Dealer/Car Showroom
7500
134 Lime Surkhey Dealer
2000
135 Liquor Shop
100000
136 Macadam Pre-Mixture Plant (per annum)
30000
137 Manyari Shop
2500
138 Marble Chin Crusher
5000
139 Marble Dealer
2000
140 Mechanical Cotton Ginning
2000
141 Mechanical Spare Parts Dealer
2000
142 Mechanical Spare Parts Shop A-Class
1000
143 B-Class
800
144 Milk Bottling
1000
145 Milk Seller
2000
146 Mobile Phone Seller/Repair Shop
1500
147 Nursing Home
5000
148 Nail Makers
1000
149 Namda Maker
1000
150 No Demand Certificate Copying Fee
1000
151 N. O. C./W. C. F./P. C. F.
500
152 Oil (Cooking Oil) Dealer
1000
No. 42-1] The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942.
9
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153 Oil Mill
2500
154 Opitation Centre/Shop
1000
155 Old Garments Dealer
1000
156 A. Painters (who make Hoarding,
2500
Signboards etc.)
157 Selling 2nd Hand Vehicle Dealer
3000
158 Cow/Horse Traders
5000
159 C. House Painters
1000
160 D. Vehicle Spray Painters
1000
161 1. Painters who makes Hoardings,
1000
Signboards etc.)
2. Painter who paints advertisement
1000
on walls and house etc.)
3. House Painters
1000
4. Vehicle Spray Painters
1000
162 Pan Shop
1000
163 Paper Mache Maker
500
164 Pesticide, Fungicide, Insecticide Dealer
2000
165 Pesticide, Fungicide, Insecticide Shop
1500
166 Pharmaceutical Agency
3000
167 Fertilizers/Cattle Feed Shop
1600
168 Plywood Shop
1500
169 Plywood Dealer
1500
170 Pollution Checking Centre
1500
171 Photographer
1000
172 Photostat
1800
173 Pickle Maker/Seller
500
1
2
3
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The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42-1
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174 Plastic Goods Dealer
1000
175 Poultry Farm
1500
176 Poultry Shop/Chicken Seller
2000
177 Printing Press
2000
178 Private ECG Plant
1000
179 Private Financial/Hire Purchase
5000
Leasing Company
180 Private Hospital
10000
181 Private X-Ray Plant
2000
182 Raw Wool Dealers
1000
183 Readymade Garment Shop A-Class
2000
184 B-Class
1500
185 Retail News Agency
1000
186 Rent of Town Hall per day
3000
187 Commercial
4000
188 Religious Function
2000
189 Retail Textile Shop A-Class
2000
190 B-Class
1500
191 Rice Husker, Saw Mill and Oil Expeller Dealer
2000
192 Rice Mill/Oil Mill
1500
193 STD Shop
1000
194 Saffron Exporter
3000
195 Sand Quarry do.
5000
196 Sanitary Fitting Dealer
2000
197 Saw Mill
1500
198 Saw Mill with Trolley
2000
199 Shawl Weaver
1000
1
2
3
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No. 42-1] The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942.
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200 Shoe Dealer
1500
201 Shoe Maker
500
202 Silversmith
1000
203 Soda Factory
2000
204 Spice Grinding Mills
3000
205 Service Station/Ramp
1500
206 Schools Primary Standard
4000
207 Middle Standard
7000
208 High Standard
10000
209 Higher Secondary
15000
210 Sports Goods Shop
1000
211 Steel Metal Fabrication (Welding and
3000
Grill Makers etc.)/Stair Makers
212 Steel Utensil Seller
1000
213 Steel/Iron Dealer
3000
214 Stone Crusher
3000
215 Stone Quarry/Minor Minerals, Bajri and Sand
1500
216 Snuff/Tobacco Dealer
2000
217 Sweet Shop
1000
218 TV Commercial Shooting (per day)
per day 200
219 Tailor, (A Class, B-Class and C-Class
1500, (1000
each)
220 Tea and Other Provision Dealer
2000
(A-class, B-class)
221 Tea Stall
1000
222 Temporary Shop in Festival
200.00 PD
223 Tent/Shamiyana Dealer
3000
224 Tillers
2000
1
2
3
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The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42-1
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1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
225 Timber Sale Depot
5000
226 Tanga Spare Parts Shop
1000
227 Tanga Workshop/Hand Cart Workshop
800
228 Tractor Dealer
5000
229 Transport Agencies
2000
230 Travel Agents
1000
231 Trunk Makers
1000
232 TV Video/Music System Shop
1000
233 Transformer Repairing Shop
1000
234 Type Institute
1000
235 Typewriter Repairs
1000
236 Tyre Dealer
2000
237 Tyre Retarding Plant
3000
238 Tyre Repairing Shop
2000
239 Tyre Tube Repair/Air Compressor
1000
240 Utensil Making C-Clay
800
241 Vegetable/Fruit Sellers
3000
242 Vehicle Body Builders
2000
243 Video Cinema Hall
5000
244 Vegetable Seller
1000
245 Video Film Maker
1000
246 Watch Seller
600
247 Watch Seller/Repair
500
248 Water Grath/Flour Grinding
500
249 Wholesale Agencies
2500
250 Wholesale Orchard Spray Oil Dealer
3000
No. 42-1] The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942.
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251 Wholesale Provision Dealer
4500
252 Wholesale Rice Flour, Wheat, Oil Dealer
3000
253 Wood Carving
1000
254 Wool Spinning
1000
255 Wool Weaving, Cotton Textiles
1000
256 Financial Institutions
500 per month
257 Construction Fee, Building Permission Fee
A-Commercial (Per SFT) :
258 1. Ground Floor
25
259 2. First Floor
20
260 3. Second Floor
20
261 4. Third Floor
15
262 B. Residential (Per SFT)
15
263 1. Ground Floor
12
264 2. First Floor
6
265 3. Compound Walls
25
266 4. Third Floor
3
267 C-Govt. Buildings (Per SFT)
10
(Sd.) N. A. DAR,
Executive Officer,
Municipal Council, Budgam.
1
2
3
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STATE ELECTION COMMISSION
UNION TERRITORY OF JAMMU AND KASHMIR
Nirvachan Bhavan, Rail Head Complex, Jammu
Order
Jammu, the 1st of February, 2021.
The Jammu and Kashmir District Development Council (Reservation
of Offices of Chairpersons) Rules, 2021 provide for reservation of the offices
of the Chairpersons for Scheduled Castes, Scheduled Tribes and Women
in the District Development Councils. These rules were notified, vide
SO.-13 dated 11th January, 2021, read along with SO.-24 dated 22nd January,
2021, issued by the Government of Jammu and Kashmir in the Rural
Development and Panchayati Raj Department and came into force with
effect from issue of the said notification.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Mon., the 1st Feb., 2021/12th Magha, 1942. [No. 44-1
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART II––C
Notifications, Notices and Orders by Election Commission.
______
EXTRAORDINARY
REGD. NO. JK—33
2
The J&K Official Gazette, 1st Feb., 2021/12th Magha, 1942. [No. 44-1
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
The Election Authority, Jammu and Kashmir in exercise of the powers
under Rule 2(a) is required to issue an order for such reservation to the
offices of Chairpersons of the District Development Councils in accordance
with the provisions of the said rules.
In this regard, a draft order of the proposed reservation was issued,
vide Notification No. EA/Pyt/2021/15 dated 25-01-2021 with the objective
of calling for objections to the reservation, of offices of the Chairpersons of
the District Development Councils, under categories given under the rules.
Objections were permitted to be filed on or before 30-01-2021.
The draft notification for reservation dated 25-01-2021, was published
in leading Newspapers of the Union Territory for information of the general
public. Some objections/representations were received by the Election
Authority within the stipulated time period. These objections/representations
have been examined in context of the rules and the facts on record.
It was found that none of the objections/representations so received
had any merit. No infirmity, leave alone irregularity was brought out in the
draft notification for reservation dated 25th January, 2021.
The Election Authority, therefore, in terms of the provisions of the
Jammu and Kashmir District Development Council (Reservation of Offices
of Chairpersons) Rules, 2021, and subject to outcome of any writ petition
pending before the Hon’ble High Court, hereby reserves/allots the seats of
Chairpersons of District Development Councils for Scheduled Castes,
Scheduled Tribes and Women in the Districts of the Union Territory of
Jammu and Kashmir as per the details given in the enclosed statement
forming Annexure-A to this Order.
(Sd.)
K. K. SHARMA, IAS (Retd.),
State Election Commissioner
(Election Authority).
–––––––––
(Sd.)
.............................
Secretary,
State Election Commission.
––––––––
No. 44-1 ] The J&K Official Gazette, 1st Feb., 2021/12th Magha, 1942.
3
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Annexure-A to the Election Authority ‘Order’ dated 01-02-2021.
District Development Council
Reservation Status
——————————————————————————————
Anantnag
Scheduled Tribe
Bandipora
Open
Baramulla
Women
Budgam
Open
Doda
Open
Ganderbal
Women
Jammu
Scheduled Caste
Kathua
Open
Kishtwar
Women
Kulgam
Open
Kupwara
Open
Poonch
Scheduled Tribe Women
Pulwama
Open
Rajouri
Scheduled Tribe
Ramban
Women
Reasi
Open
Samba
Open
Shopian
Women
Srinagar
Open
Udhampur
Scheduled Caste
(Sd.)
..................
Secretary,
State Election Commission.