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

580

The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.

[ No. 49

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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.

––––––––

No. 49]

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581

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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.

–––––––––

No. 49]

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583

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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]

The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.

585

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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]

The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.

587

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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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[ No. 49

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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]

The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.

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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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[ No. 49

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

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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593

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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.

595

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

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

The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.

[ No. 49

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

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.

597

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

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

The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.

[ No. 49

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

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

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

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

The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.

[ No. 49

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

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

The J&K Official Gazette, the 4th March, 2021/13th Phal., 1942.

[ No. 49

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

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

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

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

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

1

2

3

4

5

———————————————————————————————

K. M.

Doda

Chilly Pingal

Champal

142 min

00-16

142 min

00-092

The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49

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636

1

2

3

4

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

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

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

1

2

3

4

5

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K. M.

The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49

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

638

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

———————————————————————————————

K. M.

No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 639

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

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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K. M.

The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49

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

640

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

———————————————————————————————

K. M.

No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 641

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

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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K. M.

The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49

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

642

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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K. M.

No. 49] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 643

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

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

1

2

3

4

5

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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

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

Vol. 133] Jammu, Mon., the 18th Jan., 2021/28th Pausa, 1942. [No. 42-e

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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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[No. 42-e

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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

No. 42-e]

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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.

48

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[No. 42-e

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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

————

No. 42-e]

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49

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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

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

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 ;

No. 19-5]

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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.

No. 19-5]

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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 ;” ;

No. 19-5]

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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.”.

No. 19-5]

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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

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

Vol. 132]

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

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

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

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

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

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

No. 42-1] The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942.

5

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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.

7

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

1

2

3

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

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

8

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

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

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

The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42-1

10

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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

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

No. 42-1] The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942.

11

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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

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

The J&K Official Gazette, 14th Jan., 2021/24th Pausa, 1942. [No. 42-1

12

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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.

13

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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

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

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.