REGD NO. JK––33
THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
| –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– English CONTENTS Pages | Vernacu- lar pages | ||
| PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... 10-32 PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... 15-30 PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... 3-4 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 .... 9-20 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 .... 3-4 | 1-4 |
Printed at the Ranbir Government Press, Jammu.
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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. 599 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Nasir Mehraj S/o Mehraj-ud-Din Malik R/o Shalipora, Sopore, Baramulla vide Notification No. 947 dated 21-08-2017 has been declared as absolute/final.
By order.
––––––––
Notification
No. 600 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Irfan Ahmad Wani S/o Gh. Ahmad Wani R/o Gosh Bugh, Wani Mohalla, Pattan, Baramulla vide Notification No. 833 dated 16-10-2018 has been declared as absolute/final.
By order.
––––––––
Notification
No. 601 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Junaid Khushbash Bhat S/o Wali Mohammed Bhat R/o Dayan Chadoora, Budgam vide Notification No. 95 dated 17-06-2019 has been declared as absolute/final.
By order.
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Notification
No. 602 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Nitish Sharma S/o Jitender Pal Sharma R/o H. No. 124, W. No. 7, Bishnah, Jammu vide Notification No. 1237 dated 07-12-2017 has been declared as absolute/final.
By order.
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Notification
No. 603 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Mohd. Aamir Malik S/o Gh. Ahmad Malik R/o Palhallan Pattan, Malik Mohalla Raipora, Baramulla vide Notification No. 1559 dated 03-03-2018 has been declared as absolute/final.
By order.
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Notification
No. 604 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Vishu Kumar S/o Ramesh Chander R/o H. No. 102, W. No. 2, Near S. P. High School, Bari-Brahmana, Samba vide Notification No. 1683 dated 06-03-2018 has been declared as absolute/final.
By order.
––––––––
Notification
No. 605 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Muneeb Ahmed Wani S/o Gh. Mohi-ud-Din Wani R/o Sarnal, Payeen Anantnag, Kashmir, District Anantnag vide Notification No. 322 dated 06-06-2016 has been declared as absolute/final.
By order.
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Notification
No. 606 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Syed Zahoor-ul-Islam S/o Syed Habibullah Shah R/o Takiya Khurhama Lolab), Lalpora, Kupwara vide Notification No. 1318 dated 02-01-2019 has been declared as absolute/final.
By order.
––––––––
Notification
No. 607 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Sheikh Irfan S/o Gulam Mohd. Sheikh R/o Gulshanabad-A, Near Sheikh Mohalla Zakura, Srinagar vide Notification No. 1217 dated 19-11-2018 has been declared as absolute/ final.
By order.
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Notification
No. 609 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Abid Tahir Shora S/o Mohammad Tahir Shora R/o 109, Alamdar Colony, Bemina, Srinagar vide Notification No. 1176 dated 15-11-2018 has been declared as absolute/ final.
By order.
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Notification
No. 610 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Jigmeet Wangchok S/o Tashi Tundup R/o Shey Guru (Near Church) , Shey Yognos, Post Office No. 2] The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943. 13 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Thiksey, Leh A/P H. No. 59, Vikas Lane 3, Talab Tillo, Jammu vide Notification No. 689 dated 29-12-2015 has been declared as absolute/ final.
By order.
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Notification
No. 611 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms.Tabasum Hamid D/o Abdul Hamid Khan R/o Bagar Mohalla, Noorbagh, Sopore, Baramulla vide Notification No. 1679 dated 06-03-2018 has been declared as absolute/final.
By order.
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Notification
No. 612 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Afroza Gull D/o Ab. Rehman Mala R/o Arabal Pulwama, Mala Mohalla, Rajpora, Pulwama vide Notification No. 793 dated 15-10-2018 has been declared as absolute/final.
By order.
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Notification
No. 613 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Bhumanyu Jamwal S/o Pardeep Kumar Jamwal R/o H. No. 186, VPO Raipur, Bantalab, Jammu vide Notification No. 1647 dated 28-03-2019 has been declared as absolute/ final.
By order.
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Notification
No. 614 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Ujala Tabassum D/o Shabir Ahmed R/o V. P. O. Sialna, Tehsil Ramkote, District Kathua vide Notification No. 1292 dated 02-01-2019 has been declared as absolute/final.
By order.
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Notification
No. 615 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Sheikh Shahida D/o Gulam Nabi Sheikh R/o Nambalbal, Pampore, Pulwama vide Notification No. 143 dated 18-06-2019 has been declared as absolute/final.
By order.
––––––––
Notification
No. 616 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Farhat Rashid D/o Late Ab. Rashid Rather R/o Hariparigam, Awantipora, Pulwama vide Notification No. 132 dated 17-06-2019 has been declared as absolute/final.
By order.
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Notification
No. 617 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Saliqa Sheikh D/o Masood Ahmed Sheikh R/o Passri, Bhaderwah, Doda A/P 5-A, Lane No. 2, Bhawani Nagar, Janipur, Jammu vide Notification No. 1284 dated 02-01-2019 has been declared as absolute/final.
By order.
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Notification
No. 618 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Rawoof Ahmad Kouchey S/o Mohammad Altaf Kouchey R/o Manduna, Haripora, Kakapora, Pulwama vide Notification No. 474 dated 06-07-2018 has been declared as absolute/ final.
By order.
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Notification
No. 619 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Madhu Bala D/o Natha Ram R/o Village Chak Bala P/O Rathana, R. S. Pura, Jammu vide Notification No. 1721 dated 30-03-2019 has been declared as absolute/final.
By order.
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Notification
No. 620 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Adnan Shabir S/o Mohd Shabir R/o Bada Kana, Tehsil Thanna Mandi, District Rajouri vide Notification No. 120 dated 17-06-2019 has been declared as absolute/final.
By order.
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Notification
No. 621 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Faizan Ahmad Ganie S/o Nazir 16 The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943. [ No. 2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Ahmad Ganie R/o Ruhu Papayball, Moominabad, Anantnag vide Notification No. 131 dated 17-06-2019 has been declared as absolute/ final.
By order.
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Notification
No. 622 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Rajat Goswami S/o Ashok Kumar R/o H. No. 46, Ward No. 3, Krishna Gali, Katra, District Reasi vide Notification No. 73 dated 17-06-2019 has been declared as absolute/ final.
By order.
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Notification
No. 623 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Ruaani Ahmad Baba S/o Javaid Ahmad Baba R/o 32-Alhuda Colony, Dangerpora, Malabagh, Near Ingenious School, Srinagar vide Notification No. 60 dated 14-06-2019 has been declared as absolute/final.
By order.
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Notification
No. 624 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Rohini Sharma D/o Ved Prakash Sharma R/o H. No. 3, Mathura Vihar, Mandir Morh, Main Road Roop Nagar, Jammu vide Notification No. 72 dated 17-06-2019 has been declared as absolute/final.
By order.
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Notification
No. 625 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Haroon Rasheed S/o Abdur Rasheed Khan R/o Ganjipora, Buran, Pattan, Baramulla vide Notification No. 128 dated 17-06-2019 has been declared as absolute/ final.
By order.
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Notification
No. 626 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Saba Yaseen D/o Mohd. Yaseen Ganie R/o Hamdania Colony, Sector-02, H. No. 515, Bemina, Srinagar vide Notification No. 515 dated 10-07-2018 has been declared as absolute/final.
By order.
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Notification
No. 627 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Aamir Hussain Rashi S/o Ab. Rashid Rashi R/o Nowpora, Jagir, Baramulla vide Notification No. 102 dated 17-06-2019 has been declared as absolute/final.
By order.
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Notification
No. 628 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Abid Hussain Ganaee S/o Gh. Nabi 18 The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943. [ No. 2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Ganaee R/o Malikpora, Amargarh, Handwara, Kupwara vide Notification No. 115 dated 17-06-2019 has been declared as absolute/final.
By order.
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Notification
No. 629 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Irfan Ahmad Shah S/o Gh. Mohd. Shah R/o Muqami Shah Wali, Drugmulla, Kupwara vide Notification No. 1210 dated 19-11-2018 has been declared as absolute/final.
By order.
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Notification
No. 630 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Ravinder Kumar Pandita S/o Raj Nath Pandita R/o H. No. 8, Lane No. 6, Naseeb Nagar, Janipur, Jammu vide Notification No. 1706 dated 30-03-2019 has been declared as absolute/final.
By order.
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Notification
No. 631 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Iqra Hassan Khan D/o Ghulam
Hassan Khan R/o Khan Villa, Milatabbad, Peerbagh "B", Srinagar vide Notification No. 838 dated 16-10-2018 has been declared as absolute/ final.
By order.
––––––––
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No. 632 Dated 19-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Yasmeena Akhter D/o Gh. Nabi Tantray R/o Zalangam, Tantray Mohalla, Kokernag, Anantnag vide Notification No. 894 dated 17-10-2018 has been declared as absolute/ final.
By order.
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Notification
No. 633 Dated 21-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Sajida Batool D/o Mohammad Sadiq R/o Stikchey Choskore, Kargil, A/P H. No. 170, Sarwal Colony Near Shivaji Park, Sarwal Jammu vide Notification No. 471 dated 04- 07-2018 for a period of one year has been extended till 31-12-2021 after condonation of delay and subject to the verification of her Certificates/ LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
By order.
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Notification
No. 634 Dated 21-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Mrinal Koul S/o Sri Satish Koul R/o Sopore Mohalla, Bag-e-Islam Krankshivan Colony, District Baramulla A/P Flat No. 6, Block 72, Lane No. 16, Jagti Migrant Township Nagrota, Jammu vide Notification No. 1542 dated 03-03-2018 for a period of one year has been extended till 31-12-2021 after condonation of delay and subject to the verification of his Certificates/ 20 The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943. [ No. 2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 635 Dated 21-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Sehar Javied D/o Javied Ahmad R/o Din Mohalla, Village Sheikhpora, Tehsil and Baramulla A/P Sadrabal Naseemabad Hazratbal, Srinagar vide Notification No. 1659 dated 05-03-2018 for a period of one year has been extended till 31-12-2021 after condonation of delay and subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 636 Dated 21-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr.Aamir Mohi-ud-Din S/o Gh. Mohi- ud-Din Rather R/o Panath Tengpora, Quazigund, Anantnag vide Notification No. 1173 dated 15-11-2018 for a period of one year has been extended till 31-12-2021 after condonation of delay and subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
No. 2] The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––—— 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.
By order.
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Notification
No. 638 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Salim Yosuf Mir S/o Mohammad Yosuf Mir R/o Ward. No. 03, Plan, Bandipora vide Notification No. 1629 dated 05-03-2018 has been declared as absolute/final.
By order.
––––––––
Notification
No. 639 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Sirnawaz Bashir S/o Bashir Ahmad Thokur R/o Lasjan Near J&K Bank Namblabal, Srinagar vide Notification No. 876 dated 17-10-2018 has been declared as absolute/ final.
By order.
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Notification
No. 640 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Ishita Gupta D/o Rohini Kiran Gupta R/o Plot No.14, Lane No. 16, Tawi Vihar Colony, Sidhra, Jammu vide Notification No. 828 dated 16-10-2018 has been declared as absolute/ final.
By order.
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Notification
No. 641 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Abdul Karem S/o Abdul Jabbar R/o Mohalla Safaida, Village Hari, Tehsil Surankote, District Poonch vide Notification No. 25 dated 16-05-2019 has been declared as absolute/final.
By order.
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Notification
No. 642 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms.Sonam Choszin D/o Tashi Motup R/o Rambirpur, Thiksay, Tehsil and District Leh vide Notification No. 1534 dated 03-03-2018 has been declared as absolute/final.
By order.
––––––––
Notification
No. 643 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Amit Kour D/o Harvinder Singh R/o H. No. 272/2 Sector G, (Ext.) Sainik Colony, Jammu vide Notification No. 775 dated 16-08-2017 has been declared as absolute/ final.
By order.
––––––––
Notification
No. 644 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr.Altaf Ahmad Zargar S/o Gh. Ahmad No. 2] The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943. 23 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Zargar R/o Rahim Abad Trisa Safapora, Lar Ganderbal vide Notification No. 291 dated 16-07-2015 has been declared as absolute/final.
By order.
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Notification
No. 645 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Nissar Ahmad Ganie S/o Habib Ullah Ganie R/o Kamrazi Pora, Pulwama vide Notification No. 816 dated 17-12-2013 has been declared as absolute/final.
By order.
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Notification
No. 646 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Ishfaq Abdullah Dar S/o Mohd. Abdullah Dar R/o Kunan Malwari, Kupwara, Tehsil Trehgam, district Kupwara vide Notification No. 94 dated 17-06-2019 has been declared as absolute/final.
By order.
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Notification
No. 647 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Umer Rashid Dar S/o Abdul Rashid Dar R/o Namblabal, Pampore, Pulwama vide Notification No. 160 dated 18-06-2019 has been declared as absolute/final.
By order.
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Notification
No. 648 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Rigzin Angmo D/o Lobzang Angdus R/o Saboo (Patsi Khangehen) Leh (J&K) vide Notification No. 1887 dated 15-03-2018 has been declared as absolute/final.
By order.
––––––––
Notification
No. 649 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Armugan Ul Haq S/o Ali Mohammad Shah R/o Hugam, Tehsil Sarigufwara, District Anantnag vide Notification No. 454 dated 02-07-2018 has been declared as absolute/final.
By order.
––––––––
Notification
No. 650 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Deeba Ashraf Mir D/o Mohd Ashraf Mir R/o Jakyas Budlhi, Gandoh (Bhallesa), Doda A/P Vidhata Nagar, Lane No. 4, Bathindi, Jammu vide Notification No. 02 dated 03-04-2019 has been declared as absolute/final.
By order.
––––––––
Notification
No. 652 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Sunita Devi D/o Lal Chand No. 2] The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943. 25 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
R/o Village Kothey Kathar, Pind Charaka, Tehsil Arnia, District Jammu vide Notification No. 539 dated 02-08-2016 has been declared as absolute/final.
By order.
––––––––
Notification
No. 653 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Amir Hassan Bhat S/o Ghulam Hassan Bhat R/o W. No. 3, Plan Bandipora, Grata Mohalla, Bandipora vide Notification No. 774 dated 16-08-2017 has been declared as absolute/final.
By order.
––––––––
Notification
No. 654 Dated 22-12-2020.
Provisional admission as an Advocate, granted under Advocates Act, 1961 in favour of Ms. Anista Nazir Khanday D/o Nazir Ahmad Khanday R/o Astanpora Rawalpora, Srinagar vide Notification No. 1634 dated 28-03-2019 has been declared as absolute/final.
By order.
––––––––
Notification
No. 655 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Mujeeb-ur-Rehman S/o Ghulam Mohd Runyal R/o Billawat Sarodha Maitra, Tehsil and District Ramban vide Notification No. 1577 dated 05-03-2018 has been declared as absolute/final.
By order.
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Notification
No. 656 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Pooja Rani D/o Tilak Raj R/o
Miran Sahib, Tehsil R. S. Pura, District Jammu vide Notification No. 95 dated 07-04-2017 has been declared as absolute/final.
By order.
––––––––
Notification
No. 657 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Syed Mohd Nuaman Bukhari
S/o Syed Aftab Ahmed Bukhari R/o Naseemabad, Sadarbal, Hazratbal, Srinagar vide Notification No. 1631 dated 05-03-2018 has been declared as absolute/final.
By order.
––––––––
Notification
No. 658 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Abid Nazir Pathan Sadozi S/o Muhammad Nazir Pathan Sadozi R/o Niloosa, Boniyar, Baramulla vide Notification No. 955 dated 21-08-2017 has been declared as absolute/final.
By order.
––––––––
Notification
No. 659 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Aamir Ali Sheikh S/o Ali No. 2] The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943. 27 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Mohammad Sheikh R/o Khanpora, Teali Mohalla, Tehsil and District Baramulla vide Notification No. 54 dated 14-06-2019 has been declared as absolute/final.
By order.
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Notification
No. 660 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Anoop Singh S/o Kulbir Singh R/o Village Loudhva, P/O Khaned, P/S Basantgarh (Ramnagar), Udhampur vide Notification No. 1241 dated 01-01-2019 has been declared as absolute/final.
By order.
––––––––
Notification
No. 661 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Surkhaab Ishtiyaq D/o Ishtiyaq Saleem Shah R/o Hyderpora, Gulberg Colony, Sector-2, Srinagar vide Notification No. 59 dated 14-06-2019 has been declared as absolute/ final.
By order.
––––––––
Notification
No. 662 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Bader-ul-Nissa D/o Gh. Mohd Wani R/o New Colony, Batwara, Srinagar vide Notification No. 543 dated 07-08-2018 has been declared as absolute/final.
By order.
––––––––
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Notification
No. 663 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Mohd Saifullah Reshi S/o Mansoor Ahmad Reshi R/o Padder Pora, Reshi Mohalla, Tehsil Herman, District Shopian vide Notification No. 1575 dated 05-03-2018 has been declared as absolute/final.
By order.
––––––––
Notification
No. 664 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Sheeba Ashfaq D/o Ashfaq Ahmad R/o Hyderpora, Bye-Pass Chowk Near Al Hyder Complex, Budgam A/P Naik Bagh, Natipora, Srinagar vide Notification No. 172 dated 18-06-2019 has been declared as absolute/final.
By order.
––––––––
Notification
No. 665 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Sabiya Mubeen D/o Noor-ud-Din Ahanger R/o 19-Abu Baker Colony, Nayak Bagh Natipora, Srinagar vide Notification No. 147 dated 18-06-2019 has been declared as absolute/ final.
By order.
––––––––
Notification
No. 666 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in avour of Mr. Ubead Ahmad Kumar S/o Ab. Majid No. 2] The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943. 29 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Kumar R/o Kumar Mohalla, Rafiabad, Rohama, Baramulla vide Notification No. 53 dated 14-06-2019 has been declared as absolute/ final.
By order.
––––––––
Notification
No. 667 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Jahangeer Muzafar S/o Muzafar Ahmad Sheikh R/o Hardu-Shichen, Anantnag vide Notification No. 98 dated 17-06-2019 has been declared as absolute/final.
By order.
––––––––
Notification
No. 668 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Waseem Shamas S/o Shamas-ud- Din Dar R/o Banday Mohalla, Tehsil Handwara, District Kupwara vide Notification No. 161 dated 18-06-2019 has been declared as absolute/ final.
By order.
––––––––
Notification
No. 669 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Arifa Majeed D/o Ab. Majeed Lone R/o Gazi Chowk, Singapora, Kalan, Baramulla vide Notification No. 1638 dated 28-03-2019 has been declared as absolute/final.
By order.
––––––––
30 The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943. [ No. 2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 670 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Mohsin Nabi Mir S/o Gh. Nabi Mir R/o Turkawangam Shopian, Tehsil Chitergam, District Shopian vide Notification No. 62 dated 17-06-2019 has been declared as absolute/ final.
By order.
––––––––
Notification
No. 671 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Arshed Aziz Khan S/o Abdul Aziz Khan R/o Village Manyal, Tehsil Thanna Mandi, Rajouri A/P Ward No. 7, Khan Mohalla, Thanna Mandi, Rajouri vide Notification No. 121 dated 17-06-2019 has been declared as absolute/final.
By order.
––––––––
Notification
No. 672 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Sadaf Ilyas Khan D/o Mohammad Ilyas Khan R/o Kralpora, Madina Colony, Kanipora, Link Road, Phase- 2nd, Lane-1, Budgam vide Notification No. 607 dated 08-08-2018 has been declared as absolute/final.
By order.
––––––––
Notification
No. 673 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Zeenat Amin D/o Mohammad No. 2] The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943. 31 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Amin Bhat R/o Chandsooma Kansipora, Bilalabad Colony, Near Railway Station, Baramulla vide Notification No. 524 dated 10-07-2018 has been declared as absolute/final.
By order.
––––––––
Notification
No. 674 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Diksha Mehra D/o Pawan Kumar R/o H. No. 35, Lane No. 4, Extn. Basant Nagar, Paloura, Jammu vide Notification No. 1668 dated 29-03-2019 has been declared as absolute/ final.
By order.
––––––––
Notification
No. 675 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Shahana Raina D/o Mushtaq Ahmad Raina R/o Azadpora, Anantnag A/P Lazibal, K. P. Road, Anantnag vide Notification No. 174 dated 18-06-2019 has been declared as absolute/final.
By order.
––––––––
Notification
No. 676 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Amandeep Bhagat S/o Om Parkash Bhagat R/o Village Kangar, Tehsil Bhalwal, District Jammu A/P H. No. 315/5, Lakker Mandi, Janipura, Jammu vide Notification No. 45 dated 07-04-2016 has been declared as absolute/final.
By order.
––––––––
32 The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943. [ No. 2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 677 Dated 22-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Amit Kumar Sharma S/o Tara Chand R/o Village Rah, P/O Rah Salyote, Tehsil Akhnoor, District Jammu vide Notification No. 46 dated 07-04-2016 has been declared as absolute/final.
By order.
–––––––
Notification
No. 703 Dated 28-12-2020.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Rameshwar Singh S/o Balbir Singh R/o Village Muthal (Alinbass) Tehsil Ukhral, District Ramban A/P H. No. 62, Sector-4, Pamposh Colony, Janipur, Jammu vide Notification No. 1655 dated 05-03-2018 has been declared as absolute/final.
By order.
(Sd.) MOHAMMAD YASIN BEIGH,
Registrar (Adm.).
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., the 8th April, 2021/18th Chai., 1943. [ No. 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT.
Subject :—Award of Jammu and Kashmir Police Medal for Meritorious
Service to Police Officers/Officials on the occasion of the Republic
Day, 2021.
–––––
Government Order No. 15-Home of 2021
Dated 25-01-2021.
Sanction is hereby accorded to the award of Jammu and Kashmir Police
Medal for Meritorious Service to the following officers/officials of the Police
Department on the occasion of the Republic Day, 2021 :—
S.No. Name of the officer Rank PID No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
3 4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Rashmi Ranjan Swain, IPS, RR-91 ADGP IPS922244
16 The J&K Official Gazette, 8th April, 202/18th Chai., 1943. [No. 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Satish Khandare, IPS, RR-95 ADGP IPS955704 3. Harmeet Singh Mehta SSP JKPS013475 4. Rajni Sharma SP EXJ956551 5. Ghulam Shah Rubbani SI EXK841710 6. Mushtaq Ahmad SI ARP845470
By order of the Government of Jammu and Kashmir.
(Sd.) SHALEEN KABRA, LAS,
Principal Secretary to the Government,
Home Department.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—PUBLIC WORKS (R&B) DEPARTMENT.
Subject :—Adoption of J&K PWD Engineering Manual, 2020 in UT of
J&K.
Reference :—Administrative Council Decision No. 11/2/2021 dated
22-01-2021.
–––––––
Government Order No. 40-PW (R&B) of 2021
Dated 25-01-2021.
In reference to the Administrative Council Decision No. 11/2/2021
dated 22-01-2021 and in supersession of all previous orders/guidelines,
sanction is hereby accorded to the adoption of J&K PWD Engineering
Manual, 2020 with immediate effect in UT of J&K forming annexure to
this Government Order. The Manual shall serve as an up-to-date standard
reference book for design, estimation, tendering, preparation of Detailed
Project Reports (DPRs), maintenance of roads, quality control checks No. 2] The J&K Official Gazette, 8th April, 202/18th Chai., 1943. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– etc. including that of role and responsibility of each level of engineering
human resource in the department.
By order of the Government of Jammu and Kashmir.
(Sd.) ....................
Principal Secretary to Government,
PW (R&B) Department.
______
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 45-Rev (LAJ) of 2019
Dated 27-05-2019.
Whereas, the land specifications whereof are given in Annexure-"A" to
this notification is required for construction of Malti to Godnoo road
under PMGSY situated in Village Sadhota, Tehsil Panchari and District
Udhampur ;
Whereas, on the basis of an indent placed by Executive Engineer,
PMGSY, Division Udhampur, a notification under section 4 (1) was issued
by Collector, Land Acquisition, Railway (ACR), Udhampur vide No. ACRU/
SQ/4344-52 dated 31-01-2019 for land measuring 93 Kanals 05 Marlas
situated in Village Sadhota, Tehsil Panchari and District Udhampur for
construction of Malti to Godnoo road under PMGSY ;
Whereas, the Collector, Land Acquisition (ACR), Udhampur vide
No. ACRU/SQ/3435 dated 27-09-2019 has reported that the notification
issued under section 4 (1) of the J&K State Land Acquisition Act by
him was served upon the interested persons for filing objections, if any,
to the proposed acquisition, but no objection was received from the land
owners/interested persons within the prescribed period as required under
sections 5 & 5-A of the Land Acquisition Act ;
18 The J&K Official Gazette, 8th April, 202/18th Chai., 1943. [No. 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the report furnished by Collector, Land Acquisition (ACR), Udhampur, vide letter referred to above duly endorsed by District Collector, Land Acquisition (DC), Udhampur vide No. DCU/SQ/3526-28 dated 01-10-2019, Divisional Commissioner, Jammu vide No. 502/3740/PMGSY/ Sadhota/Udhampur/19/2630 dated 29-10-2019 and Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5151/2020 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 Malti to Godnoo road under PMGSY situated in Village Sadhota, Tehsil Panchari and District Udhampur.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring 93 Kanals 05 Marlas situated in Village Sadhota, Tehsil Panchari and District Udhampur for construction of Malti to Godnoo road under PMGSY. Further, the Collector, Land Acquisition (ACR), Udhampur 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.
–––––––
Specification of the land
District Tehsil Village Kh. Nos. Area Kind of soil ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 6
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Udhampur Panchari Sadhota 282 min 01-12 B.Q.
No. 2] The J&K Official Gazette, 8th April, 202/18th Chai., 1943. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 6
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
281 min 00-02 B.Q.
297 min 00-12 GM
296 min 01-18 B. Changi
295 min 03-10 Hail
319 min 01-13 W. Mandi
318 min 00-03 GM
246 min 00-14 W. Changi
320 min 02-05 GM
349 min 02-12 GM
350 min 04-00 GM
362 min 00-14 GM
180 min 01-11 GM
182 min 00-16 W. Mandi
181 min 01-00 W. Mandi
182 min 00-02 W. Mandi
183 min 00-04 GM
160 min 00-08 W. Mandi
157 min 11-09 GM
195 min 11-19 GM
189 min 00-07 GM
11 min 04-07 GM
24 min 00-07 GM
51 min 02-15 W. Mandi
52 min 01-12 W. Changi
20 The J&K Official Gazette, 8th April, 202/18th Chai., 1943. [No. 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 6
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
54 min 01-05 Hail
59 min 00-19 GM
——–
Total 93-05
——–
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 54-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 Ind-Miswah road under PMGSY,
situated at Village Ind, Tehsil Gool, District Ramban ;
Whereas, on the basis of an indent placed by Executive Engineer,
PMGSY, Ramban, a notification under section 4 (1) was issued by Collector,
Land Acquisition (ACR), Ramban, vide letter No. ACR/PMGSY/14/73-82
dated 21-05-2014 for land measuring 94 Kanals and 18 Marlas situated in
Village Ind, Tehsil Gool, District Ramban for construction of Ind-Miswah
road under PMGSY ;
Whereas, the Collector, Land Acquisition (SDM), Gool vide No. SDM/
G/PMGSY/248-51 dated 12-10-2018 and SDM/G/PMGSY/310-14 dated
17-11-2018 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),
Gool vide letter referred to above duly endorsed by District Collector, Land No. 2] The J&K Official Gazette, 8th April, 202/18th Chai., 1943. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Acquisition (DC), Ramban vide No. DC/LA/Rbn/346-47 dated 03-10-2019
Divisional Commissioner, Jammu vide No. 502/3760/PMGSY/lnd/Rbn/91/
2660 dated 30-10-2019 and Financial Commissioner, Revenue, J&K Jammu
vide No. FC-LS/LA-5128/2020 dated 12-03-2020 has been examined and
it has been found that the land owners did not file any objection to the
proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of
Ind-Miswah road under PMGSY, situated at Village Ind, Tehsil Gool, 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 94
Kanals and 18 Marlas situated in Village Ind, Tehsil Gool, District Ramban
for construction of Ind-Miswah road under PMGSY. Further, the Collector,
Land Acquisition (SDM), Gool 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 Ind, Tehsil Gool, 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 22 The J&K Official Gazette, 8th April, 202/18th Chai., 1943. [No. 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 Gool Ind 341 00-09
338 00-08
337 00-11
336 01-16
335 00-06
328 00-15
329 01-18
323 03-16
255 00-04
260 00-15
259 01-00
257 01-10
193 01-14
200 02-02
191 00-17 No. 2] The J&K Official Gazette, 8th April, 202/18th Chai., 1943. 23 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
202 02-04
600 02-19
601 00-10
602 00-04
603 01-10
598 00-05
604 00-01
890 00-06
620 00-05
888 00-14
889 01-02
892 02-10
886 02-00
885 07-08
891 00-03
587 01-05
586 02-07
584 00-11
583 01-10
580 01-18
581 03-01
578 00-07
576 00-09
575 01-09
573 00-14
932 00-05
893 00-06
24 The J&K Official Gazette, 8th April, 202/18th Chai., 1943. [No. 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
895 00-10
928 03-10
905 00-10
929 03-14
1027 02-05
1029 00-11
1030 01-13
925 01-16
1032 00-16
923 04-02
860 00-03
1039 00-05
1038 01-01
1043 02-19
1046 00-17
818 00-08
1052 02-02
1053 00-15
811 01-06
1055 01-04
1054 00-04
804 00-12
802 01-02
803 00-16
797 00-03
796 01-16
794 00-18
791 01-09
No. 2] The J&K Official Gazette, 8th April, 202/18th Chai., 1943. 25 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
788 02-02
781 01-05
––––––
Total 94-18
––––––
––––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 55-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 Gool-Dheedha road under
PMGSY, situated at Village Gool, Tehsil Gool, District Ramban ;
Whereas, on the basis of an indent placed by Executive Engineer,
PMGSY, Ramban, a notification under section 4 (1) was issued by Collector,
Land Acquisition (ACR), Ramban, vide letter No. ACR/PMGSY/987-96
dated 22-11-2012 for land measurirg 96 Kanals and 16 Marlas situated in
Village Gool, Tehsil Gool, District Ramban for construction of Gool-Dheedha
road under PMGSY ;
Whereas, the Collector, Land Acquisition (SDM), Gool vide No. SDM/
G/PMGSY/300-304 dated 17-11-2018 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),
Gool vide letter reterred to above duly endorsed by District Collector, Land
Acquisition (DC), Ramban vide No. DC/LA/Rbn/350-51 dated 03-10-2019, 26 The J&K Official Gazette, 8th April, 202/18th Chai., 1943. [No. 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Divisional Commissioner, Jammu vide No. 502/3758/PMGSY/Gool/Rbn/
19/2656 dated 30-10-2019 and Financial Commissioner, Revenue, J&K Jammu
vide No. FC-LS/LA-5121/2020 dated 11-03-2020 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 Goo1-
Dheedha road under PMGSY, situated at Village Gool, Tehsil Gool, 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 96 Kanals
and 16 Marlas situated in Village Gool, Tehsil Gool, District Ramban for
construction of Gool-Dheedha road under PMGSY. Further, the Collector,
Land Acquisition (SDM), Gool 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 aforemertioned land in Village Gool, Tehsil Gool, 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.
–––––––
No. 2] The J&K Official Gazette, 8th April, 202/18th Chai., 1943. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure-A
Particulars of the land
District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ———————————————————————————————
K. M.
Ramban Gool Gool 1280 02-12
1280 04-11
1229 06-13
1229 00-09
1229 02-18
1291 min 01-09
1291 min 01-02
1291 min 02-01
1219 min 03-19
1219 min 03-05
1219 mm 01-15
1292 min 03-02
1292 min 04-08
1185 05-15
1935/1187/1 01-07
1935/1187/1 00-03
1935/1187 00-17
1935/1187/1 00-19
1936/1187/1 02-04
1936/1187/1 04-11
1654/1622 00-16
1933/1187/5 03-12 28 The J&K Official Gazette, 8th April, 202/18th Chai., 1943. [No. 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 ———————————————————————————————
K. M.
1293 01-10
1294 01-12
1294 00-07
1295 02-13
1295 02-11
1305 05-01
1303 min 05-15
1313 min 01-13
1313 min 02-15
1490/1187/1 03-13
1490/1187/1 01-10
1945/1622 06-10
1945/1622 01-11
1944/1622 01-07
––––––
Total 96-16
––––––
––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 216-Rev (LAJ) of 2020
Dated 24-06-2020.
Whereas, the land, specifications whereof are given below to this notification is required for construction of Gang Hut at Kalhota under PWD (R&B) situated in Village Kalhota, Tehsil and District Doda ;
No. 2] The J&K Official Gazette, 8th April, 202/18th Chai., 1943. 29 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Particulars of the land
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Doda Doda Kalhota 571 min 00–06
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. 317-23/Acq
dated 22-06-2016 for land measuring 00 Kanal, 06 Marlas in Village Kalhota,
Tehsil and District Doda for construction of Gang Hut at Kalhota under
PWD (R&B) ;
Whereas, the Collector, Land Acquisition (ACR), Doda vide letter
No. 1625- 30/ Acq 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 (ACR),
Doda vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Doda vide No. 493/LAC/D/19 dated 21-10-2019,
Divisional Commissioner, Jammu vide No. 502/3847/PWD/Kalhota/19/
Doda/4024 dated 23-12-2019 and Financial Commissioner, Revenue, J&K
Jammu vide No. FC-LS/LA-5202/2020 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 Gang
Hut at Kalhota 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
00 Kanal, 06 Marlas in Village Kalhota, Tehsil and District Doda for
construction of Gang Hut at Kalhota under PWD (R&B). Further, the
Collector, Land Acquisition (ACR), Doda is directed under section 7 of the 30 The J&K Official Gazette, 8th April, 202/18th Chai., 1943. [No. 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– said Act to take orders for acquisition of the said land after giving prescribed
notice to the interested person (s) as required under the Land Acquisition
Act/Rules.
However, the Collector, concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., the 8th April, 2021/18th Chai., 1943. [ No. 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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
Subject :—Handing over and taking over the charge of Chief Executive
Officer, Jammu Smart City Limited.
————
In compliance to the Government Order No. 245-JK(GAD) of 2021 dated 16-03-2021 and No. 246-JK(GAD) of 2021 dated 16-03-2021 issued by the General Administration Department, J&K Government, Jammu, we the undersigned have handed over and taken over the charge of the post of Chief Executive Officer, Jammu Smart City Limited today on 18-03-2021 afternoon.
(Sd.) SUSHMA CHAUHAN, IAS,
Chief Executive Officer, Jammu Smart City Limited.
Relieved Officer.
(Sd.) AVNY LAVASA, IAS,
Chief Executive Officer, Jammu Smart City Limited.
Relieving Officer.
————
4 The J&K Official Gazette, 8th April, 2021/18th Chai., 1943. [No. 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 balance 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. 134] Jammu, Thu., the 8th April, 2021/18th Chai., 1943. [ No. 2
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 (UT), OFFICE OF THE MAYOR, MUNICIPAL CORPORATION, JAMMU.
Notification
Jammu, dated the 13th February, 2021.
Subject :—Notification for the elected members of Executive Committee
of Jammu Municipal Corporation.
————
· Whereas, in terms Amendment of Section 40(1) (a) of the
Municipal Corporation Act, 2000 issued by the Ministry of Home Affairs, Govt. of India vide Order No. S. O. 3808(E) dated 26-10-2020, "The General Functions Committee" substitute "Executive Committee" read with Regulation 48 of the Procedure and Conduct of Business of Committees under the Jammu and Kashmir Municipal Corporation (Procedure and Conduct of Business) Regulations, 2005 (Amendment) Act, 2018, notification for election of Members of the 10 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943. 1943. [No. 2
Executive Committee was issued vide No. 1601-1680/Secy/2020/ C dated 05-02-2021 by means of open ballot (as amended).
· Whereas, scrutiny of the nomination papers received in response
to above notification revealed that Six (06) nominations were received for the election of Members of Executive Committee.
· Now, there is no contesting candidate against the proposed candidates
Sh. Akshay Sharma, Smt. Sunita Gupta, Sh. Dinesh Gupta and S. Sucha Singh due to withdrawal of nominations by Smt. Anu Bali and Miss Bhanu Mahajan for the Election of Members of Executive Committee.
· Therefore, in exercise of the powers conferred under Regulation 48
of the Procedure and Conduct of Business of Committees under the Jammu and Kashmir Municipal Corporation (Procedure and Conduct of Business) Regulations, 2005, I, Chander Mohan Gupta, Mayor, Municipal Corporation, Jammu hereby declare members mentioned in the enclosed list as duly elected Members of the Executive Committee unopposed mentioned therein.
(Sd.) CHANDER MOHAN GUPTA,
Mayor, Municipal Corporation, Jammu.
———
No. 2] The J&K Official Gazette, 8th April, 2021/18th Chai., 1943. 11
Annexure to Notification
Dated 13-02-2021.
Executive Committee
| S. No. | Elected Members of Executive Committee | Ward No. |
| 1. 2. 3. 4. | Sh. Akshay Sharma Smt. Sunita Gupta Sh. Dinesh Gupta S. Sucha Singh | 08 37 18 31 |
(Sd.) CHANDER MOHAN GUPTA,
Mayor, Municipal Corporation, Jammu.
———
JAMMU AND KASHMIRPUBLIC SERVICE COMMISSION, RESHAM GHAR COLONY, BAKSHI NAGAR, JAMMU–180001.
Subject :–Filling up of the Post of Curator in the Directorate of Archives,
Archaeology and Museum in Culture Department.
———
Notice
Dated 08-03-2021.
Whereas, the J&K Public Service Commission, vide Notification No. 13-PSC (DR) of 2017 dated 27-11-2017 invited online applications on the prescribed format from the permanent residents of Jammu and Kashmir UT possessing the prescribed qualification for 01 post of Curator, under OM Category, in the Directorate of Archives, Archaeology and Museum in Culture Department ; and
Whereas, in response, the Commission received 33 application forms
in the said discipline ; and 12 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943. 1943. [No. 2
Whereas, the written test of the candidates who has applied for the post was conducted on 13-10-2019 and the result of the written test was declared on 23-10-2019 vide Notification No. PSC/Exam/2019/72 dated 23-10-2019 wherein five (05) candidates were declared to have qualified for oral test/viva-voce ; and
Whereas, further scrutiny of documents of the two candidates revealed that they do not have the requisite qualification accordingly, the candidature of these two candidates was rejected vide Notice dated 27-01-2021.
Now, therefore, Shri Asif Shafiq (1130009) (OM Category) and Shri Amir Ali (1130027) (ST Category) who fall next in merit, are advised to submit the hardcopy of the application form along with all requisite documents, in the office of J&K PSC, Bakshi Nagar, Jammu/Solina, Srinagar within seven (07) days from the date of issuance of this Notice, failing which their candidature shall be rejected without further notice.
(Sd.) ...........................
Secretary, J&K Public Service Commission.
————
GOVERNMENT OF JAMMU AND KASHMIR UNION TERRITORY, DEPARTMENT OF URBAN LOCAL BODIES, KASHMIR, SRINAGAR, OFFICE OF THE EXECUTIVE OFFICER, MUNICIPAL COMMITTEE, BEERWAH.
Notification
In exercise of powers conferred under section 22 of Jammu and Kashmir Municipal Act, 2000 and Para No. 6 of the Jammu and Kashmir Business Rules of Municipal Committee Bye-laws, 2005. The Presiding Authority hereby decided Shri Khursheed Ahmad Banday S/o Ghulam Mustafa Banday R/o Beerwah is elected as President of Municipal Committee, Beerwah (through drawing of lots under clause 15 of Business Rule, 2005) in presence of the observer/SDM, Beerwah nominated by District Election Officer/Deputy Commissioner, Budgam vide No. DEO/ Bud/2021/3961-65 dated 13-02-2021.
(Sd.) ...........................
Executive Officer, Municipal Committee, Beerwah.
————
No. 2] The J&K Official Gazette, 8th April, 2021/18th Chai., 1943. 13
GOVERNMENT OF JAMMU AND KASHMIR, UNION TERRITORY, DEPARTMENT OF URBAN LOCAL BODIES, KASHMIR, SRINAGAR, OFFICE OF THE EXECUTIVE OFFICER, MUNICIPAL COMMITTEE, BEERWAH.
Notification
In exercise of powers conferred under section 22 of Jammu and Kashmir Municipal Act, 2000 and Para No. 6 of the Jammu and Kashmir Business Rules of Municipal Committee Bye-laws, 2005. The Presiding Authority hereby decided Shri Mir Rifat Tanveer S/o Gh. Mohi-ud-Din Mir R/o Beerwah is elected as Vice-President of Municipal Committee, Beerwah (through drawing of lots under clause 15 of Business Rule, 2005) in presence of the observer/SDM, Beerwah nominated by District Election Officer/ Deputy Commissioner, Budgam vide No. DEO/Bud/2021/3961-65 dated 13-02-2021.
(Sd.) ...........................
Executive Officer, Municipal Committee, Beerwah.
———— OFFICE OF THE ADDITIONAL DEPUTY COMMISSIONER, AWANTIPORA (COLLECTOR, LAND ACQUISITION, AWANTIPORA).
Preliminary Notification under Section 11(1)
Notification No. 03 of 2021
Dated 19-01-2021.
'
Subject :—Preliminary Notification under Section 11(1) of "Right to Fair Compensation a nd Tra nspa rency in La nd Acquisition, Rehabilitation and Resettlement Act, 2013" for acquisition of land measuring 12½ marlas falling under survey Nos. 1629 (10 Marlas) and 1630 min (2½ Marla) at Estate Shala-Tokna, Tehsil Awantipora, District Pulwama for public purpose, namely construction of Tube Well/Pump-cum-Operator Quarter WSS, Baghwanpora.
Reference :—District Collector Pulwama, communication vide No. DCP/
LA/2020/1188-89 dated 08-12-2020.
————
Whereas, it appears to the Collector that a total area of 12½ Marlas of land is required in Village Shala-Tokna, Tehsil Awantipora, District Pulwama 14 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943. 1943. [No. 2
for public purpose, namely construction of Tube-Well/Pump-cum-Operator Quarter WSS, Baghwanpora at Estate Shala-Tokna, Tehsil Awantipora. Social Impact Assessment Study was carried out by SIA Unit and a report submitted/preliminary investigation was conducted by a team constituted by District Collector as laid down under rule 4. The summary of the Social Impact Assessment Report/preliminary investigation is as follows (Copy enclosed) :—
1. Yes the proposed acquisition of land serves the public purpose because there is no other water supply scheme which can be used by the general public and the proposed scheme is exclusively for the public purpose.
2. Yes the extent of land proposed for acquisition is absolute bare-
minimum needed for the project.
3. That no other alternate and feasible land was available which
could have been considered.
4. Yes there is no unutilized land which has been previously acquired
in the area.
5. That there is no acquired land remained unutilized.
The said team strongly recommended the acquisition of land in question measuring 12½ Marlas identified as per the Indent placed for construction of Tube-Well/Pump-cum-Operator Quarter WSS, Baghwanpora, Village Shala-Tokna, Tehsil Awantipora.
No commercial/residential/agricultural structure is coming under the alignment as such no family is likely to be displaced due to land acquisition.
Therefore, it is notified that for the above said project in the Village Shala-Tokna, Tehsil Awantipora, District Pulwama, a piece of land measuring 12½ Marlas of standard measurement, whose detail description is as following is under acquisition :—
| S. No. No. | Survey | Type of Title | Type of Land | Area under Acquisition in Acres | Name and address of a person interested | Boundaries |
| N S E W | ||||||
| 1 2 3 4 5 6 7 ———————————————————————————————————— 1. | 1629 Proprietary | Abi- Wari | 10 Marlas | Ab. Gani Sheikh S/o Mohd Afzal Sheikh R/o Shala- Tokna |
No. 2] The J&K Official Gazette, 8th April, 2021/18th Chai., 1943. 15
| 1 2 3 4 5 6 7 ———————————————————————————————————— 2. | min | 1630 Proprietary | Abi- Wari | 2½ Marlas | Ab. Gani Sheikh S/o Mohd Afzal Sheikh R/o Shala- Tokna |
Total Land 12½ Marlas
| Trees ———————————————————————————————————— Variety Number | Structures Type Plinth area |
| Variety Nil | Nil Nil |
The notification is made under the provisions of Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30/2013), to all whom it may concern.
A plan of the land may be inspected in the office of Collector, Land Acquisition/Additional Deputy Commissioner, Awantipora on any working day during the working hours.
The Government is pleased to authorize Tehsildar/Revenue staff, Indenting Department, their consultant and their staff to enter upon and survey land, take levels of any land, dig or bore into the sub-soil and do all other acts required for the proper execution of their work as provided and specified in section 12 of the said Act.
Under section 11(4) of the Act, no person shall make any transaction or cause any transaction of land i. e. sale/purchase etc. or create any encumbrances on such land from the date of publication of such notification without prior approval of the Collector.
Objections to the acquisition, if any, may be filed by the person interested within 60 (sixty days) from the date of publication of this notification as provided under section 15 of the Act before Collector, Land Acquisition, Awantipora.
(Sd.) ZAFFAR HUSSON SHAWL, KAS,
Additional Deputy Commissioner, Collector, Land Acquisition, Awantipora.
—————
16 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943. 1943. [No. 2
OFFICE OF THE TEHSILDAR, AWANTIPORA.
The Collector, Land Acquisition, Addl. Deputy Commissioner, Awantipora.
No. 636–37/OQ/7A Dated 04-11-2020.
Subject :—Acquisition of land measuring 12.5 Marlas situated at village Shala Tokna, Tehsil Awantipora, required for the purpose of construction of Tube Well/Pump-cum-Operator Quarter WSS, Bhaghwanpora.
Reference :—i. Your office No. ADC/AWP/LA/20-21/63-72 dated
16-09-2020.
ii. ADC/Awp/LA/20-21/158-62 dated 23-10-2020.
———
Sir,
Regarding the subject and references captioned kindly find enclosed herewith the enquiry report of the Committee constituted by the Deputy Commissioner, Pulwama vide No. DCP/LA/2020/610-30 dated 25-08-2020 for favour of information and further necessary action.
(Sd.) ..............................
Tehsildar, Awantipora.
———
Enquiry Report of Committee
Subject :—Constitution of Committee for conducting of social impact assessment made under sub-section (1st) of rule 4 of the "The Right to Fair Compensation and Tra nspar ency in Land Acquisition, Rehabilitation and Resettlement 2013", for land measuring 12.5 Marlas at Village Shala Tokna for construction of Tube-Well/Pump-cum-Operator Quarter WSS, Bhagwanpora.
———
In view of the orders issued by the District Collector, Pulwama vide No. DCP/LA/2020/610-30 dated 25-08-2020. The Committee Members visited the spot on 3-10-2020 to conduct the preliminary enquiry regarding No. 2] The J&K Official Gazette, 8th April, 2021/18th Chai., 1943. 17
the subject cited above.
S. No. Points raised Reply to the Points ———————————————————————————— 1. That the proposed acquisition of Yes the proposed land serves public purppose acquisition of land
serves the public purpose, because there is no other water supply scheme which can be used by the general public and the proposed scheme is exclusively for the public purpose.
2. That the extent of land proposed Yes the extent of the for acquisition is absolute bare- land proposed for the minimum needed for the project acquisition is absolute bare-minimum needed for the project.
3. That the acquisition of land at an That no other alternate
alternate place has been and feasible land was considered and found not feasible available which could
have been considered.
4. That there is no unutilized land Yes that there is no
which has been previously acquired unutilized land which in the area has been previously acquired in the area.
5. That the land, if any, acquired That there is no
earlier and remained unutilized acquired land remained may be used for such public unutilized. purpose
The committee unanimously recommends that the scheme serves/will serves the public purpose, hence be considered for the compensation under rules and be made functional at an earliest.
(Sd.).....................
Tehsildar, Awantipora.
———
18 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943. 1943. [No. 2
OFFICE OF THE ADDITIONAL DEPUTY COMMISSIONER-CUM- COLLECTOR, LAND ACQUISITION, UDHAMPUR.
Subject :—Notification under section 4(1) of Land Acquisition Act No. X of
1990.
———
CORRIGENDUM
In exercise of the powers conferred upon me under section 4 of sub- section (1) of the Land Acquisition Act, 1990 B. K. I, J. L. Sharma, Collector, Land Acquisition-cum-Additional Deputy Commissioner (400 KV TLD (PDC) (Addl. Dy. Commissioner), Udhampur, do hereby notify that the land particulars of which are given below is likely to be needed for public purposes namely for installation of Tower No. 121 in Village Mansar, Tehsil and District Udhampur and notification under section 4(1) of the Land Acquisition Act issued by Collector, Land Acquisition (BHEP) vide No. LCA/BHEP/PDC/160 dated 17-09-2004 for land measuring 01 kanal 02 Marlas is hereby withdrawn as per revised indent of the Indenting Department.
Objections, if any, to the acquisition of the said land will be received by undersigned within 15 days from the date of publication of this notification in official Gazette.
Specification of land
Name of Name of Name of Khasra No. Area District Tehsil Village —————————————————————————————
K. M. Udhampur Udhampur Mansar 103 min 01–16
—————
Total 01–16
—————
(Sd.) ..........................
Collector, Land Acquisition (Addl. Deputy Commissioner), Udhampur.
————
No. 2] The J&K Official Gazette, 8th April, 2021/18th Chai., 1943. 19
CUSTODIAN, EVACUEE PROPERTY DEPARTMENT, KASHMIR.
Notification
Dated 09-03-2021.
In pursuance of sub-section (1) of section 6 and section 9-A of the Jammu and Kashmir State Evacuee's (Administration of Property) Act, 2006, the Custodian is pleased to notify for general information the list of property specified in the schedule.
Schedule
S. No. Description Locality ————————————————————————————— 1 2 3 ————————————————————————————— 1. Land measuring 5 Kanals 5½ Marlas Rakh Hajin, out of Khewat No. 6 Survey Nos. 169, Tehsil Hajin, 419, 478/101, 214, 673 and 317 belonging District Bandipora to Ghulam Nabi Dar S/o Mst. Fazli.
(Sd.) ........................
Custodian, Evacuee Property Department, Kashmir.
———— ZONAL HEADQUARTERS, CRIME BRANCH, JAMMU.
Subject :—Investigation in Case FIR No. 53/2016 under sections 420, 467,
468, 471, 120-B RPC P/S, Crime Branch, Jammu.
————
A written complaint lodged by Ch. Chirag Din and Ch. Allaud Din sons of Illam Din residents of Gujjar Colony, By-Pass, Jammu against Sher Ali and Ashiq Ali sons of Umar Din and officers/officials of Revenue Department, Udhampur inter alia alleging therein that the complainants are the owners and co-sharers of land falling under Khasra No. 519, 520, 521, 531, 532, 538, 539 and 551 measuring 41 Kanals and 19 Marals situated at Village Mansar, Tehsil Udhampur. Land falling under Khasra No. 103 Khata No. 148/125K and Khewat No. 33/34 which was transferred to the JKPDC for construction of Tower No. 121 of 400KV and an amount of Rs. 1,62,000/- was released in favour of the benefeciaries Fateh Ali S/o Umer Din R/o Mansar, Tehsil and District Udhampur and Abdul Gani S/o Mir Ali R/o Mansar, Tehsil and District Udhampur as per the report of revenue officials that Chirag Din and Allaud Din sons of Illam Din name exits in the column of ownership but not in the column Kasht/ Physical possession of the land in question. Being aggrieved that their name also exits in the column of ownership, compensation was also provided to them.
20 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943. 1943. [No. 2
In this connection, Collector, Land Acquisition (Addl. Deputy Commissioner), Udhampur issued notifiction under section 4(1) of Land Acquisition Act No. X of 1990 and referred the same to Government Press, Jammu for publication in Government Gazette. Photostat copy of notification is enclosed for reference.
As such, kindly provide the newspapers in which the said notification published to this office at an earliest to proceed further in the investigation.
(Sd.) ....................
Sr. Superintendent of Police, Crime Branch, Jammu.
————
Notice
We, Puvinder Gupta and Deepali Gupta R/o Vasant Vihar, Talab Tillo, Jammu are applying for the change of Surname of our daughter from Amayra Gupta to Amayra Mahajan who is studying in Presentation Convent Sr. Sec. School, Gandhi Nagar, Jammu in Class UKG, A. Objection, if any, may be conveyed to Jammu Municipal Corporation, Jammu or concerned school within seven days from the publication of this notice.
————
Notice
We, Puvinder Gupta and Deepali Gupta R/o Vasant Vihar, Talab Tillo, Jammu are applying for the change of Surname of our daughter from Akshita Gupta to Akshita Mahajan who is studying in Presentation Convent Sr. Sec. School, Gandhi Nagar, Jammu in Class 8th, A. Objection, if any, may be conveyed to Jammu Municipal Corporation, Jammu or concerned school within seven days from the publication of this notice.
It is certified that I have complied with other legal requirements
in this connection.
Puvinder Gupta and Deepali Gupta R/o Vasant Vihar, Talab Tillo, Jammu.
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. 134] Jammu, Thu., the 8th April, 2021/18th Chai., 1943. [No. 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C ——— GOVERNMENT OF JAMMU AND KASHMIR, J&K SPORTS COUNCIL.
Subject :—Supply of Sports Equipments/Kits etc.
———
Extension Notice
Due to requests received from various quarters in respect of NIT No. 02 of 2021 dated 15-03-2021 for extension of last date for Supply of Sports Equipments/Kits etc. for Small Khelo India Centres at District level, is published by this office, the bidding period of above NIT is hereby extended till 26th of March, 2021.
1. Last date of submission of Bid 26-03-2021 up to 1600 hours.
2. Date of opening of Bid 27-03-2021 up to 1400 hours.
(Sd.) .......................
Administrative Officer.
————
4 The J&K Official Gazette, 8th April, 2021/18th Chai., 1943. [No. 2 ––––––––––––––––––––––––––––––––––––––––––––––––––– JAMMU AND KASHMIR POLICE HEADQUARTERS.
Extension Notice
Due to administrative reasons, last of date and online opening of e-Tender No. 06 of 2021 dated 01-03-2021 floated by PHQ, J&K for procurement of Traffic Equipments, are hereby extended as under :—
i. Last date for submission of tenders shall be 16-03-2021.
ii. Opening of technical bids shall be 18-03-2021.
However, other terms and conditions of the e-NIT shall remain
unchanged.
(Sd.) RAYEES MOHAMMAD BHAT (IPS),
AIG (Provision and Transport) For Director General of Police, J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 5th March, 2020/15th Phal., 1941. [No. 49-d ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOUSING AND URBAN
DEVELOPMENT DEPARTMENT
Notification
Jammu, the 5th March, 2020.
SO-84.—In exercise of the powers conferred by section 4 of the
Jammu and Kashmir Development Act, 1970 (Act No. XIX of 1970) and
in supersession of all previous notifications issued on the subject, the Government hereby direct that the Katra Development Authority constituted 2 The J&K Govt. Gazette, 5th March, 2020/15th Phal., 1941. [No. 49-d –––––––––––––––––––––––––––––––––––––––––––––—–––—————––– vide notification SRO-579 dated 12-09-1986, shall consist of the following members ; namely :—
1. Chief Secretary. Chairperson
2. Financial Commissioner, Member
Finance Department.
3. Principal Secretary to the Government, Member
Housing and Urban Development Department.
4. Principal Secretary to the Government, Member
Revenue Department.
5. Principal Secretary to the Government, Member
Planning, Development and Monitoring Department.
6. Divisional Commissioner, Jammu Member
7. Secretary to the Government, Member
Tourism Department.
8. Additional CEO, SMVDSB. Member
9. District Development Commissioner, Member
Reasi.
10. Chief Town Planner, Jammu. Member
11. Chief Executive Officer, Member-
Katra Development Authority. Secretary
12. President, Member
Municipal Comittee, Katra.
The term of the office of the aforesaid members shall be two years.
By order of the Lieutenant Governor.
(Sd.) DHEERAJ GUPTA, IAS,
Principal Secretary to Government,
Housing and Urban Development Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 5th March, 2020/15th Phal., 1941. [No. 49-e ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOUSING AND URBAN
DEVELOPMENT DEPARTMENT
Notification
Jammu, the 5th March, 2020.
SO-85.—In exercise of the powers conferred by section 4 of the
Jammu and Kashmir Development Act, 1970 (Act No. XIX of 1970) and in supersession of all previous notifications issued on the subject, the 2 The J&K Govt. Gazette, 5th March, 2020/15th Phal., 1941. [No. 49-e –––––––––––––––––––––––––––––––––––––––––––––—–––—————––– Government hereby direct that the Srinagar Development Authority constituted vide notification SRO-43 dated 02-02-1971, shall consist of the following members ; namely :—
1. Principal Secretary to the Government, Chairperson
Housing and Urban Development Department.
2. Principal Secretary to the Government, Member
Revenue Department.
3. Principal Secretary to the Government, Member
Planning, Development and Monitoring Department.
4. Commissioner/Secretary to the Government, Member
Department of Forest, Ecology and Environment.
5. Divisional Commissioner, Kashmir. Member
6. Deputy Commissioner, Srinagar. Member
7. Vice Chairman, Member- Srinagar Development Authority. Secretary
8. Commissioner, Member
Srinagar Municipal Corporation.
9. Representative of the Finance Department not Member
below the rank of Additional Secretary.
10. Chief Architect, J&K. Member
11. Chief Engineer, R&B, Kashmir. Member
12. Chief Town Planner, Kashmir. Member
The term of the office of the aforesaid members shall be two years.
By order of the Lieutenant Governor.
(Sd.) DHEERAJ GUPTA, IAS,
Principal Secretary to Government,
Housing and Urban Development Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 5th March, 2020/15th Phal., 1941. [No. 49-f ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOUSING AND URBAN
DEVELOPMENT DEPARTMENT
Notification
Jammu, the 5th March, 2020.
SO-86.—In exercise of the powers conferred by section 4 of the
Jammu and Kashmir Development Act, 1970 (Act No. XIX of 1970) and in supersession of all previous notifications issued on the subject, the 2 The J&K Govt. Gazette, 5th March, 2020/15th Phal., 1941. [No. 49-f –––––––––––––––––––––––––––––––––––––––––––––—–––—————––– Government hereby direct that the Jammu Development Authority constituted vide Notification SRO-44 dated 02-02-1971, shall consist of the following members ; namely :—
1. Principal Secretary to the Government, Chairperson
Housing and Urban Development Department
2. Principal Secretary to the Government, Member
Revenue Department
3. Principal Secretary to the Government, Member
Planning, Development and Monitoring Department
4. Commissioner/Secretary to the Government, Member
Department of Forest, Ecology and Environment
5. Divisional Commissioner, Jammu Member
6. Deputy Commissioner, Jammu Member
7. Vice Chairman, Member- Jammu Development Authority Secretary
8. Commissioner, Member
Jammu Municipal Corporation
9. Representative of the Finance Department not Member
below the rank of Additional Secretary
10. Chief Architect, J&K Member
11. Chief Engineer, R&B, Jammu Member
12. Chief Town Planner, Jammu Member
The term of the office of the aforesaid members shall be two years.
By order of the Lieutenant Governor.
(Sd.) DHEERAJ GUPTA, IAS,
Principal Secretary to Government,
Housing and Urban Development Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 5th March, 2020/15th Phal., 1941. [No. 49-g ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOUSING AND URBAN
DEVELOPMENT DEPARTMENT
Notification
Jammu, the 5th March, 2020.
SO-87.—In exercise of the powers conferred by section 4 of the
Jammu and Kashmir Development Act, 1970 (Act No. XIX of 1970) and in supersession of all previous notifications issued on the subject, the Government hereby direct that the Lakes and Waterways Development 2 The J&K Govt. Gazette, 5th March, 2020/15th Phal., 1941. [No. 49-g –––––––––––––––––––––––––––––––––––––––––––––—–––—————––– Authority constituted vide Notification SRO-109 dated 27-03-1997, shall consist of the following members ; namely :—
1. Principal Secretary to the Government, Chairperson
Housing and Urban Development Department
2. Principal Secretary to the Government, Member
Revenue Department
3. Principal Secretary to the Government, Member
Planning, Development and Monitoring
Department
4. Commissioner/Secretary to the Government, Member
Department of Forest, Ecology and
Environment
5. Divisional Commissioner, Kashmir Member
6. Secretary to the Government, Member
Tourism Department
7. Deputy Commissioner, Srinagar Member
8. Vice Chairman, Member- Lakes and Waterways Development Authority Secretary
9. Commissioner, Member
Srinagar Municipal Corporation
10. Representative of the Finance Department Member
not below the rank of Additional Secretary
11. Chief Engineer, UEED, J&K Member
12. Chief Town Planner, Kashmir Member
The term of the office of the aforesaid members shall be two years.
By order of the Lieutenant Governor.
(Sd.) DHEERAJ GUPTA, IAS,
Principal Secretary to Government,
Housing and Urban Development Department.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 7th April, 2020/18th Chai., 1942. [ No. 1-b –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 7th of April, 2020.
SO-119.—Whereas, on 10-10-2019, two persons namely, 1. Cha ndi
Khatana S/o Mohammad Ismail Khatana and 2. Wajid Ali Khatana S/o
Abdul Gani Khatana, residents of Jandidhara, Rajouri, were apprehended
by the police in case FIR No. 59/2019, P/S, Kangan ;
2. Whereas, on the basis of disclosure made by above named two
accused persons, the police recovered 02 AK 47 rifles, 4 magazines, 120
rounds of AK series and 4 live Chinese hand grenades from the Naranag
Forests ; and 2 The J&K Official Gazette, 7th April, 2020/18th Chai., 1942. [No. 1-b ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 3. Whereas, consequently FIR No. 59/2019 under sections 7/25 IA
Act, 18, 19 Unlawful Activities (Prevention) Act, 1967 was registered in
P/S, Kangan and investigation was taken up ; and
4. Whereas, during investigation seizure memo of the arms/ammuni-
tion was prepared by the investigating officer and statements of witnesses
were recorded under sections 161 and 164-A Cr. P. C. Also photography of
the spot wherefrom recovery was made was made part of the evidence on
record ; and
5. Whereas, during investigation, it has been revealed that the
accused were shepherds who grazed their cattle in various Bahaks of
Gangbal, Malish, Ghat Jabdhara, Trunkhul, Barzipathri, Neur Tulel and were
knowing routes leading to PoK ; and
6. Whereas, the accused were working as guides for terrorists' groups
in association with Mohammad Lateef Khatana S/o Raj Wali Khatana R/o
Jandhidhara, Rajouri who, on further investigation, was found involved in
guiding the terrorists and providing logistic support to the terrorists ; and
7. Whereas, on the strength of evidence on record and statement of
witnesses recorded under sections 161, 164-A Cr. P. C., commission of
offences under sections 18, 19 of Unlawful Activities (Prevention) Act,
1967 prima facie have been established, against the below mentioned ac-
cused persons inter alia under 7/25 of A. Act, for which the accused have
been challaned separately :—
S. No. Name of the accused persons Under sections
––––––––––––––––––––––––––––––––––––––––––––––––––––––
01 Chandi Khatana S/o 18, 19 of Unlawful Activities
Mohammad Ismail Khatana (Prevention) Act, 1967.
02 Wajid Ali Khatana S/o Abdul 18, 19 of Unlawful Activities
Gani Khatana (Prevention) Act, 1967.
03 Mohammad Latief Khatana S/o 18, 19 of Unlawful Activities
Raj Wali Khatana (Prevention) Act, 1967.
No. 1-b] The J&K Official Gazette, 7th April, 2020/18th Chai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
8. Whereas, the Authority appointed by the Government under sub-
section (2) of section 45 of Unlawful Activities (Prevention) Act, 1967, has
independently examined the Case Diary file and all other relevant documents
relating to the case and has come to the conclusion that prima facie case is
made out for prosecution against the accused under the provisions of law ;
and
9. Whereas, after perusing the Case Diary, the relevant documents
and also, taking into consideration the views of the Authority appointed
under section (2) of 45 of Unlawful Activities (Prevention) Act, 1967, the
Government is of the view that there is sufficient material and evidence
available against the accused persons for prosecution in terms of law.
Now, therefore, in exercise of powers conferred by sub-section (2) of
section 45 of Unlawful Activities (Prevention) Act, 1967, the Government
hereby accords sanction for launching prosecution against the above
mentioned accused persons for commission of offences punishable under
sections 18, 19 of Unlawful Activities (Prevention) Act, 1967, in the case
FIR No 59/2019 of Police Station, Kangan.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 7th April, 2020/18th Chai., 1942. [ No. 1-f –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 7th of April, 2020.
SO-123.—Whereas, on 02-10-2019, Police Station, Kishtwar received
reliable information that (1) Manzoor Ahmad Ganie @ Qari S/o Mushtaq
Ahmad Ganie R/o Bun Astan, Kishtwar, (2) Noor Mohammad Malik S/o
Abdul Rzak Malik R/o Fagsoo and (3) Farooq Ahmad Butt S/o Gh.
Mohammad Butt R/o Pochhal, Kishtwar were associated with banned
organization Hizbul Mujahideen (HM) and were providing logistic support
to the militants ; and
1. Whereas, these persons were managing meetings with an active
militants for carrying out militancy activities in their area. The accused 2 The J&K Official Gazette, 7th April, 2020/18th Chai., 1942. [No. 1-f ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— were also providing information with regard to movement of the security
forces to the militants for carrying out attacks with intention to harm the
integrity of the country ; and
2. Whereas, a case FIR No. 232/2019 under sections 13, 18, 19, 38,
39 ULA (P) Act, 1967, came to be registered in Police Station, Kishtwar
and investigation was taken up ; and
3. Whereas, during personal search of accused mobile phone along
with SIM cards were seized from them. The accused were arrested, site
plan, seizure memo were prepared and the statement of witnesses were
recorded under sections 161 and 164 Cr. P. C. ; and
4. Whereas, the accused militants namely Osama Bin Javaid S/o
Javaid Wani R/o Sounder, Dachan and Haroon Abass S/o Gh. Abass R/o
Gath, Doda were eliminated during the encounters and were dropped from
the case ; and
5. Whereas, based on evidence collected, statement of witnesses
recorded and other material placed on record, the below mentioned accused
were found involved in the commission of offence under relevant sections
of ULA (P) Act, 1967 as shown against each :—
S. No. Name of the accused Offence under
sections
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Manzoor Ahmad Ganie @ Qari S/o Mushtaq
Ahmad Ganie R/o Bun Astan, Kishtwar
2. Noor Mohammad Malik S/o Abdul Rzak Malik 13, 18, 19, 39
R/o Fagsoo ULA(P) Act
3. Farooq Ahmad Butt S/o Gh. Mohammad Butt
R/o Pochhal, Kishtwar
6. Whereas, the Authority appointed by the Government under
sub-section (2) of section 45 of Unlawful Activities (Prevention) Act, 1967,
has independently examined the Case Diary File and all other relevant
documents relating to the case and has come to the conclusion that prima
facie case is made out against the accused ; and No. 1-f] The J&K Official Gazette, 7th April, 2020/18th Chai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
7. Whereas, after perusing the Case Diary File, the relevant
documents and also taking into consideration the views of the Authority
appointed under sub-section (2) of section 45 of the Unlawful Activities
(Prevention) Act, 1967, the Government is of the view that there is sufficient
material and evidence available against the accused persons for their
prosecution under the aforesaid provisions of law.
Now, therefore, in exercise of powers conferred by sub-section (2) of
section 45 of Unlawful Activities (Prevention) Act, 1967, the Government
hereby accords sanction for launching prosecution against the above-
mentioned accused at para 5 for the commission of offences as indicated
against each, in case FIR No. 232/2019 of Police Station, Kishtwar.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 22nd April, 2020/2nd Vai., 1942. [ No. 3-f –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 22nd of April, 2020.
S. O.-131.—Whereas, on 14-10-2016, Police Station, Hajin received
a written information that two persons namely Zahoor Ahmad Parray S/o
Gh. Mohammad and Mohammad Iqbal Wani S/o Ali Mohammad Rs/o Hajin
travelling on the motorcycle were intercepted at Police naka ; and
2. Whereas, during their personal search, 02 Chinese hand grenades,
02 AK 47 Magazines and 60 live Rounds of AK 47 were recovered from 2 The J&K Official Gazette, 22nd April, 2020/2nd Vai., 1942. [No. 3-f ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— the possession of the above two accused and during preliminary disclosed
that they were working as OGWs for the terrorists active in the area ; and
3. Whereas, a Case FIR No. 18/2019 u/s 18 Unlawful Activities
(Prevention) Act, 1967, came to be registered in Police Station, Hajin and
investigation was taken up ; and
4. Whereas, during the course of investigation site plan of place of
occurrence and seizure memo of the recovered ammunition was prepared.
Statement of witnesses acquainted with the facts and circumstances of the
case were recorded under section 161 and 164-A Cr. P. C. ; and
5. Whereas, during the further course of investigation it was revealed
that both the accused persons were working as OGWs for the militants
active in Hajin area and were transporting arms/ammunition for these
militants for terrorist activities in the area ; and
6. Whereas, on the basis of investigation, the investigating officer
has established prima facie case against the accused namely Zahoor Ahmad
Parray S/o Gh. Mohammad and Mohammad Iqbal Wani S/o Ali Mohammad
R/o Hajin for commission of offence punishable under section 18 of Unlawful
Activities (Prevention) Act, 1967 ; and
7. Whereas, the Authority appointed by the Government under sub-
section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967
has independently examined the case diary file and all the other relevant
documents relating to the case and has come to the conclusion that
prima facie case is made out against the above accused ; and
8. Whereas, after perusing the Case Diary File, the relevant
documents and also taking into consideration the views of the Authority
appointed under sub-section (2) of section 45 of the Unlawful Activities
(Prevention) Act, 1967, the Government is of the view that there is sufficient
material and evidence available against the above-mentioned accused for
their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-section (2)
of section 45 of the Unlawful Activities (Prevention) Act, 1967, the
Government hereby accords sanction for launching prosecution against the No. 3-f] The J&K Official Gazette, 22nd April, 2020/2nd Vai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
above-mentioned accused for the commission of offence under section 18
of Unlawful Activities (Prevention) Act, 1967 in the case FIR No. 18/2019
of Police Station, Hajin.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 23rd April, 2020/3rd Vai., 1942. [ No. 4-a –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HEALTH AND MEDICAL EDUCATION
DEPARTMENT
Notification
Jammu, the 23rd April, 2020.
SO-132.—In exercise of the powers conferred by the proviso to Article
309 of the Constitution of India, the Lieutenant Governor is pleased to
make the following rules, namely :—
1. Short title and commencement.—(1) These rules may be called
the Jammu and Kashmir Medical Education (Appointment of Visiting
Faculty) Rules, 2020.
(2) They shall come into force from the date of their publication in the
Government Gazette.
2 The J&K Official Gazette, 23rd April, 2020/3rd Vai., 1942. [No. 4-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 2. Objective.—Rules to enhance the comprehensiveness and quality
of teaching of both Undergraduate and Postgraduate students in pre-clinical,
para-clinical and clinical departments by appointment of additional faculty
called 'Visiting Faculty' on part-time basis.
3. Definitions.—In these rules, unless the context otherwise
requires,—
(a) "Appointing Authority" means the authority competent to make
appointments in respect of posts under relevant Recruitment
Rules ;
(b) "Post" means the post under the Government against which
appointment is to be made under these rules ;
(c) "Selection Committee" means the committee constituted under
rule 7 of these rules ; and
(d) "Words and expressions" used in these rules but not defined
shall have the same meaning as assigned to them in the Jammu
and Kashmir Civil Services (Classifications, Control and
Appeal) Rules, 1956.
4. Application of the Rules.—These rules shall apply to the teaching
posts of the level of Professors and Associate Professors in the Government
Medical Colleges of J&K.
5. Appointment under these rules.—(1) Notwithstanding anything
to the contrary contained in any rule or order for the time being in force
relating to the method of recruitment and conditions of service for
recruitment under the Government, the appointing authority may appoint
additional faculty members on part-time basis, who would be known as
'Visiting Faculty', against the available vacancies of Professors and
Associate Professors in various departments. The 'Visiting Faculty' shall
be eligible for appointment for a period of two years in the first instance,
which shall be extendable for another one year as per the requirements
(subject to good performance and conduct) or till the available vacancy is
filled-up under rules, whichever is earlier. After expiry of the term, the
existing vacancy, if any, may be re-advertised. Student's feedback shall be No. 4-a] The J&K Official Gazette, 23rd April, 2020/3rd Vai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
taken into account in making recommendations for extension/re-engagement
of the 'Visiting Faculty' :
Provided that the engagement of a person as 'Visiting Faculty' shall
by itself stand terminated on the attainment of 70 years of age by the
appointee :
Provided further that the 'Visiting Faculty' shall not exceed 50% of
the sanctioned posts of Professors and Associate Professors in any discipline.
(2) The appointee under these rules shall have to execute an
agreement with the Government on the prescribed Form 'A' appended to
these rules.
6. Eligibility.—Eligibility for appointment to the posts of Professors
and Associate Professors shall be as under :—
S. Category Maximum age at Minimum Teaching
No.
the time of qualification experience
application
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Professor 67 years As per relevant As per relevant
recruitment rules recruitment rules
2. Associate 67 years As per relevant As per relevant
Professor
recruitment rules recruitment rules
7. Selection Committee.—The selection of candidates for the
posts of Visiting Faculty shall be made by a Selection Committee comprising
of :—
1. Administrative Secretary, Health and Chairman
Medical Education Department.
2. Principal of the concerned Government Member
Medical College.
3. Administrator, Associated Hospitals, Srinagar Member
(in respect of Government Medical Colleges
of Kashmir Division/Administrator, Associated
Hospitals, Jammu (in respect of Government 4 The J&K Official Gazette, 23rd April, 2020/3rd Vai., 1942. [No. 4-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Medical Colleges of Jammu Division).
4. Expert in the concerned discipline to be Member
nominated by the Government.
8 . Mode of Selection.—The Principal of the concerned Government Medical College after obtaining approval of the Administrative Department shall invite applications for engagement of 'Visiting Faculty' through advertisements in electronic and print media. After assessing the merit of the candidates in a fair and transparent manner, the Selection Committee shall prepare a list which shall not exceed the number of vacancies so advertised.
9. Scope of Work.—The 'Visiting Faculty' will be assigned teaching responsibilities by the Medical College concerned. The 'Visiting Faculty Members' shall conduct teaching classes for a maximum of ten days in a month (days in the month shall be decided by the Principal concerned and day would mean a working day from 10:00 a. m. to 5:00 p. m.), which shall comprise of theory classes, group discussions, practicals, community based sessions or clinical/bed-side teaching sessions, etc. The 'Visiting Faculty' shall not be involved in the Administrative work of the Department and shall not replace the roles and responsibilities of the full-time faculty in the Department.
10. Honorarium.—Professors engaged as 'Visiting Faculty' shall be entitled to an honorarium of Rs. 10,000/- per day. Associate Professors engaged as 'Visiting Faculty' shall be entitled to an honorarium of Rs. 8,000/- per day.
11. Conditions of Service.—(1) In the matter of discipline and conduct, the 'Visiting Faculty' shall be governed by the rules, regulations and orders in vogue in the Civil Services of Union Territory of J&K on the subject.
(2) The Head of the Institution may terminate the services of 'Visiting
Faculty' in the event of unsatisfactory work and/or misconduct.
By order of the Lieutenant Governor.
( Sd.) ATAL DULLOO, IAS,
Financial Commissioner,
Health and Medical Education Department.
.
.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 4th June, 2020/14th Jyai., 1942. [No. 10-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
———–
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT
Notification
Jammu, the 4th of June, 2020.
S.O. 184.—In exercise of the powers conferred by proviso to Article
309 of the Constitution of India read with section 15 of the Jammu and
Kashmir Civil Services (Decentralization and Recruitment) Act, 2020, the
Government hereby makes the following rules, namely :—
CHAPTER I
1. Short title, extent and commencement.—(1) These rules may
be called the Jammu and Kashmir Appointment to Class-IV
(Special Recruitment) Rules, 2020.
The J&K Govt. Gazette, 4th June, 2020/14th Jyai., 1942. [No. 10-a
2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
(2) These rules shall come into force on the date of their publication in the Official Gazette and shall cease to exist on the date to be notified by the Government.
2. Definitions.—(1) In these rules, unless the context otherwise
requires,—
(a) "Act" means the Jammu and Kashmir Civil Services
(Decentralization and Recruitment) Act, 2010 ;
(b) "Administrative Department" means Department of the Government in the Secretariat dealing with administrative
matters of the department with respect to which reference to vacancy is made to Selection Agency ;
(c) "Board" means the Service Selection Board constituted under the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Rules, 2010 ;
(d) "Government" means Government of Jammu and Kashmir.
(2) All the words and expressions used in these rules not expressly provided shall have the same meanings as is assigned to them in the Jammu and Kashmir Civil Services Regulations, the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act, 2010 and rules framed thereunder.
3. Application of Rules.—These rules shall apply to all Class-IV posts borne on the establishment of any department or service of the Government or any Government Company, Organisation, and Body specifically owned or controlled by the Government and, for which the Accelerated Recruitment process is to be adopted as may be notified by the Government from time to time.
CHAPTER II
4. Procedure for Reference of Vacancies.—(1) All Administrative Departments shall frame an indent of vacancies of Class-IV posts, by No. 10-a] The J&K Govt. Gazette, 4th June, 2020/14th Jyai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
way whatever nomenclature called, as they exist, on a cut off date to be
notified by General Administration Department, under direct recruitment
quota in different cadres. The Administrative Department shall thereafter
forward a consolidated indent to the General Administration Department.
(2) While framing the indent, the concerned Administrative
department shall ensure that the provisions of the Jammu and Kashmir
Reservation Act, 2004 and rules framed thereunder are strictly complied
with.
(3) The General Administration Department shall, based on the indent
forwarded by the Administrative Departments, prepare a consolidated
vacancy of Class-IV (category-wise) and refer it to the Service Selection
Board.
(4) The Service Selection Board shall make selection to the posts
referred to it by the General Administration Department as per the
procedure prescribed under these rules.
5. Procedure for Selection.—(1) The Board shall advertise all
UT Cadre, Divisional Cadre and District Cadre posts referred under
rule 4 by way of a single Advertisement Notice.
(2) The Board shall invite applications for the said posts from the
persons who are Domiciles of the Union Territory of Jammu and Kashmir,
and are within the prescribed age and possess minimum and maximum
educational qualification as prescribed in Notification SRO-99 of 2008 :
Provided that a relaxation of five years in the upper age limit shall
be provided to the candidates who claim the benefit of additional weightage
as casual workers as defined hereinafter :
Provided further that the application form will be entertained
by the Service Selection Board on the basis of a declaration
made by the candidate in the application form and no testimonial
including Domicile Certificate will be required to be submitted along
with the application form.
(3) The Board shall make selection to the UT Cadre, Divisional
Cadre and District Cadre posts on the basis of a written test and no oral The J&K Govt. Gazette, 4th June, 2020/14th Jyai., 1942. [No. 10-a
4 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
test shall be conducted, as already notified under SRO-404 dated 15th September, 2018. The criteria for selection shall be as follows :—
UT CADRE
S. No. Criteria Marks –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Written Test
85
2. Candidates whose family member neither is nor
has been in Government service, including in PSUs/Boards/Autonomous Bodies, etc. substantially owned and controlled by the Government. 05
3. Widows, divorced women, judicially separated
women and orphan girls (certificate to be issued by Tehsildar)
05
4. Casual worker engaged for five years or more
05
(For this purpose, proof in terms of wages for a minimum of five years will be required, and the certificate to this effect shall be countersigned by District or Divisional Head of the Office where the candidate has worked) ––––––––– Total 100 Marks ––––––––– DIVISIONAL CADRE
S. No. Criteria Marks –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Written Test
80
2. Candidate of the Home Division (to be determined
as per Domicile Certificate) 05
3. Candidates whose family member neither is nor has been in Government service, including in PSUs/Boards/Autonomous Bodies, etc. substantially owned and controlled by the Government. 05 3
No. 10-a] The J&K Govt. Gazette, 4th June, 2020/14th Jyai., 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
4. Widows, divorced women, judicially separated women and orphan girls (certificate to be issued by Tehsildar)
05
5. Casual worker engaged for five years or more
(For this purpose, proof in terms of wages for a minimum of five years will be required, and the certificate to this effect shall be countersigned by District or Divisional Head of the Office where the candidate has worked) 05 ––––––––– Total 100 Marks –––––––––
DISTRICT CADRE
S. No. Criterion Marks ––––––––––––––––––––––––––––––––––––––––––––––––––––––
75
1. Written Test 2. Candidate of the Home District (to be determined
as per Domicile Certificate) 10
3. Candidates whose family member neither is nor has been in Government service, including in PSUs/Boards/Autonomous Bodies, etc. substantially owned and controlled by the Government. 05
4. Widows, divorced women, judicially separated women
and orphan girls (certificate to be issued by Tehsildar) 05
5. Casual worker engaged for five years or more (For
this purpose, proof in terms of wages for a minimum of five years will be required, and the certificate to this effect shall be countersigned by District or Divisional Head of the Office where the candidate has worked) 05 ––––––––– Total 100 Marks –––––––––
Explanation :—For the purposes of sub-rule (3),—
(i) 'Family' means brother, sister and parents of the candidate
only and no one else ; and The J&K Govt. Gazette, 4th June, 2020/14th Jyai., 1942. [No. 10-a
6 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
(ii) 'Casual worker' will consist of persons who are working as Daily Rated Workers, or engaged through a Hospital Development Fund and Local Fund or are Ad hoc/ Contractual/ Consolidated workers.
(4) For all those candidates who avail benefit of having no family member in government service, including in PSUs/Boards/Autonomous Bodies, etc. substantially owned and controlled by the Government, the claim will be verified and authenticated by the Sub-Divisional Magistrate of the concerned jurisdiction after being shortlisted for selection.
(5) Candidates will be required to indicate their order of preference
for allotment against all UT, Divisional and District cadre vacancies at the time of application :
Provided that a candidate who has not indicated any such preference fully or partially, will be deemed to have agreed to any allocation of post in any vacancy to such candidate, as shall be made by the Board.
CHAPTER III
6. Procedure for preparation of select list by the Board.— (1) The Board shall shortlist candidates in the ratio of up to 1:4 of the advertised vacancies on the basis of aggregate marks obtained by the candidate on the basis of criteria prescribed under rule 5.
(2) The short-listed candidates will be required to produce relevant documents, including Domicile Certificate, as mentioned in the advertisement notice and the Board shall, after verification, prepare
separate select lists for the UT cadre, two divisional cadres and twenty district cadres, combined across all departments for each cadre, on the basis of merit-cum-preference filled up by the candidate in the application form as outlined in sub-rule (5) of rule 5 of these rules, based on an allocation procedure to be prescribed by the Government :
Provided that a candidate shall be selected against one post only in
the cadre allotted to the candidate on the principle of merit-cum-preference.
No. 10-a] The J&K Govt. Gazette, 4th June, 2020/14th Jyai., 1942. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (3) For allocation of departments, the Board shall recommend
Department wise Select List in each cadre (UT/Divisional/District) to the
General Administration Department, based on an allocation procedure to
be prescribed by the Government.
(4) The Government in the General Administration Department, for
the reasons to be recorded, may not accept the select list received from
the Board and return the same to the Board for reconsideration.
(5) The General Administration Department shall, thereafter, forward
the select list, category wise and cadre-wise, to the concerned
Administrative Departments equivalent to the number of vacancies
requisitioned by each department.
(6) The Administrative Department shall issue appointment orders
in respect of all cadres, subject to verification of character antecedents
and other standing instructions issued by the Government in this regard.
7 . Wait list.—(1) The Board shall draw a separate wait list for
each combined cadre (UT/Divisional/District cadres) equal to the number
of selected candidates in each cadre which shall remain in force for a
period of one year. The Government, for the reasons to be recorded, may
extend the validity of the waiting list for another six months.
(2) The combined wait list shall be maintained by the Service
Selection Board separately.
(3) In case any vacancy remains unfilled due to non-joining, the
Administrative Department shall immediately and not later than three
months inform the General Administration Department.
(4) The General Administration Department shall consolidate the
vacancies that accrue due to non-joining and forward the same to the
Service Selection Board, which shall forward a list of candidates next in
merit in the General Administration Department after following the
procedure as adopted at the time of framing the Select List.
The J&K Govt. Gazette, 4th June, 2020/14th Jyai., 1942. [No. 10-a
8 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
CHAPTER IV
8. Conditions of Service.—Rules 8, 9, 10, 11 and 12 of the Jammu and Kashmir Special Recruitment Rules, 2015 shall mutatis mutandis apply to the appointment made under these rules.
9 . Use of these Rules for specialized posts.—The procedure prescribed in these rules, with modifications, may be made applicable to such other posts, having specialised functions/qualifications, as may be notified by the Government from time to time.
10. Overriding effect of the Rules.—Notwithstanding anything contained in any other rule, notification or statutory order, these rules shall
be in supersession of all rules/notifications/statutory orders issued on the subject.
11. Interpretation.—If any question arises relating to the interpretation of these rules, the matter shall be referred to the Government in the General Administration Department whose decision thereon shall be final.
By Order of the Lieutenant Governor.
(Sd.) DR. FAROOQ AHMAD LONE, IAS,
Secretary to the Government.
.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 22nd April, 2020/2nd Vai., 1942. [ No. 3-e –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 22nd of April, 2020.
S. O.-130.—Whereas, on 04-12-2009 Police Station, Bandipora
received an information that Hurriyat Chairman, Syed Ali Shah Geelani
and Bashir Ahmad Bhat @ Saifullah with other associates came out from
Jamia Masjid (Jeeded), Bandipora and instigated/provoked public at Town
Gulshan Chowk by raising anti national slogans ; and
2. Whereas, these Hurriyat activists organized an unruly mob at
Gulshan Chowk, Bandipora and incited the people against the sovereignty 2 The J&K Official Gazette, 22nd April, 2020/2nd Vai., 1942. [No. 3-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— and integrity of India and escaped from the spot while taking advantage of
huge gathering of people ; and
3. Whereas, a Case FIR No. 245/2009 u/s 13 Unlawful Activities
(Prevention) Act, 1967, came to be registered in Police Station, Bandipora
and investigation was taken up ; and
4. Whereas, during the course of investigation site plan of place
of occurrence was prepared, statement of witnesses acquainted with
the facts and circumstances of the case were recorded under relevant
provisions of law, besides statement of material witnesses were also
recorded u/s 164-A Cr. P. C. ; and
5. Whereas, on the basis of investigation, statement of material
witnesses recorded and other evidence collected, the investigating officer
has established prima facie case against the below mentioned accused
persons for commission of offence punishable under section 13 of Unlawful
Activities (Prevention) Act, 1967 :—
S. No. Name of accused Offence
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 Syed Ali Shah Geelani (Chairman) 13 ULA (P) Act
2 Bashir Ahmad Bhat @ Saifullah
3 Assadullah Parray S/o Ab. Gani
R/o Hajin, Sonawari
4 Mehraj-ud-Din Nanda S/o Gh. Qadir
R/o Hajin, Sonawari
5 Gh. Hassan Shah S/o Ab. Ahad R/o
Hajin, Sonawari
6 Ab. Hamid Parray S/o Gh. Nabi Parray
R/o Hajin, Sonawari
7 Ab. Majeed Gojari S/o Gh. Mohd
R/o Vijpary, Hajin
8 Gulzar Ahmad Khan S/o Raja Mohd
Khan R/o Satri Sumar, Bandipora No. 3-e] The J&K Official Gazette, 22nd April, 2020/2nd Vai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
7. Whereas, the Authority appointed by the Government under sub-
section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967
has independently examined the case diary file and all the other relevant
documents relating to the case and has come to the conclusion that
prima facie case is made out against the above accused ; and
8. Whereas, after perusing the Case Diary File, the relevant
documents and also taking into consideration the views of the Authority
appointed under sub-section (2) of section 45 of the Unlawful Activities
(Prevention) Act, 1967, the Government is of the view that there is sufficient
material and evidence available against the above mentioned accused for
their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-section (2)
of section 45 of the Unlawful Activities (Prevention) Act, 1967, the
Government hereby accords sanction for launching prosecution against the
above-mentioned accused for the commission of offences punishable under
section 13 ULA (P) Act in case FIR No. 245/2009 of Police Station,
Bandipora.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 28th April, 2020/8th Vai., 1942. [ No. 4-k –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 28th April, 2020.
S. O.-142.—Whereas, on 25-11-2010, Police Station, Rajpora received
a reliable information about the presence of terrorists in Pachhar near Fruit
Mandi. On this information a joint cordon by Pulwama Police and security
forces was laid down ; and 2 The J&K Official Gazette, 28th April, 2020/8th Vai., 1942. [No. 4-k ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 2. Whereas, during cordon, security forces noticed movement of three
vehicles leading towards Drubgam Village which were signaled to stop but
the terrorists hiding in one of the vehicles (Tata Carrier-207) bearing
registration No. JK13C-0745 started indiscriminate firing upon the naka
party with the intention to cause causalities ; and
3. Whereas, the fire was retaliated and during ensuring encounter,
two militants identified as Irfan Ahmad Rather S/o Azad Ahmad Rather
R/o Litter, Rajpora and Irfan Ahmad Sheikh S/o Gh. Ahmad Sheikh R/o
Naira Tahab, both affiliated with HM outfit were killed. On the place
of occurrence 1 AK-47 Rifle, 02 AK-47 Magazines, 50 AK Rounds,
1 Wireless Set, 1 AK 56 Rifle, 2 AK 56 Magazines, 50 AK 56 Rounds were
recovered ; and
4. Whereas, a Case FIR No. 93/2019 U/S 307 IPC, 7/27 A. Act 16,
18, 19, 20, 39 ULA (P) Act, came to be registered in Police Station, Rajpora
and investigation was set into motion ; and
5. Whereas, during the course of investigation, the vehicle
(TATA- 207) bearing registration No. JK13C-0745 was seized and on search
of the said vehicle 20 live Rounds of AK 47 and 02 empty cartridges were
recovered. Site plan of scene of occurrence and the seizure memos of
recovered arms/ammunition and TATA-207 vehicle were prepared.
Statement of witnesses acquainted with the facts and circumstances of the
case were recorded under section 161 Cr. P. C. ; and
6. Whereas, the driver of seized vehicle (TATA 207) namely Muzaffar
Ahmad Wani S/o Ab. Gafar Wani R/o Braw Bandina in which the terrorists
were travelling was arrested. During the investigation, it was revealed that
the said accused driver Muzaffar Ahmad Wani accompanied by other
accused persons namely (1) Arshid Ahmad Wani S/o Gh. Nabi Wani R/o
Aliepora, (2) Abid Hussain Bhat S/o Ab. Gani Bhat R/o Braw Bandina,
(3) Rameez Raja S/o Gh. Hassan Mir R/o Litter, Rajpora, (4) Basharat
Yousuf Mir S/o Mohd Yousuf Mir R/o Litter, Rajpora were in close contact
with terrorist outfit Hibzul Mujahdeen ; and
7. Whereas, during further investigation it was established that on
the said date the accused persons had reached orchards of Wasoora (Sethar) No. 4-k] The J&K Official Gazette, 28th April, 2020/8th Vai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
on the directions of the killed terrorists along with three vehicles belonging
to Muzaffar Wani (2) Arshid Wani (3) Rameez Raja. At Wasoora two
terrorists boarded the vehicle of accused Muzaffar Wani and other two
vehicles were used for guide purposes in order to give them clearance
about presence of security forces from the Wasoora to Drubgam. The
accused persons managed to escape from the encounter site, taking
advantage of exchange of fire during encounter while heading towards
Drubgam ; and
8. Whereas, during further, investigation it was also revealed that the
accused persons were providing logistics support in terms of transportation
to the terrorists in the area ; and
9. Whereas, on the basis of investigation, statement of material
witnesses recorded and other evidence collected, the investigating officer
has established prime facie, case against the below mentioned accused
persons for commission of offences punishable under sections 16, 18, 19,
20, 39 of Unlawful Activities (Prevention) Act, 1967 :—
S. No. Name of accused Offence
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Muzaffar Ahmad Wani S/o Ab. Gafar 16, 18, 19, 20, 39
Wani R/o Braw Bandina ULA (P) Act
2. Arshid Ahmad Wani S/o Gh. Nabi
Wani R/o Aliepora
3. Rameez Raja S/o Gh. Hassan Mir
R/o Rajpora
4. Basharat Yousuf Mir S/o Mohd Yousuf
Mir R/o Litter, Rajpora
5. Abid Hussain Bhat S/o Ab. Gani Bhat
R/o Braw Bandina
10. Whereas, the Authority appointed by the Government under sub-
section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967
has independently examined the case dairy file and all the other relevant
documents relating to the case and has come to the conclusion that
prima facie case is made out against the above accused ; and 4 The J&K Official Gazette, 28th April, 2020/8th Vai., 1942. [No. 4-k ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 11. Whereas, after, perusing the Case File, the relevant documents
and also taking into consideration the views of the Authority appointed
under sub-section (2) of section 45 of the Unlawful Activities (Prevention)
Act, 1967, the Government is of the view that there is sufficient material
and evidence available against the above-mentioned accused for their
prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government hereby accords sanction for launching prosecution against the above-mentioned accused persons for the commission of offences shown against each in the case FIR No. 93/2019 of Police Station, Rajpora.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 28th April, 2020/8th Vai., 1942. [ No. 4-l –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 28th April, 2020.
S. O.-143.—Whereas, on 06-03-2018, Police Station, Anantnag
received a information that some Over Ground Workers (OGWs) affiliated
with different militant organizations were active in the jurisdiction of Police
Station, Anantnag ; and 2 The J&K Official Gazette, 28th April, 2020/8th Vai., 1942. [No. 4-l ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 2. Whereas, on the directions of number of the banned terrorists
organizations across the border these OGW were motivating the youth of
the area to join terrorist ranks. Also these OGWs were providing shelter to
the terrorists and were collecting money from people of the area to fund
the terrorist ranks in the name of "Jihad" ; and
3. Whereas, a Case FIR No. 36/2018 U/S 13, 18-B, 20 Unlawful
Activities (Prevention) Act, 1967, came to be registered in Police Station,
Anantnag and investigation was taken up ; and
4. Whereas, during the course of investigation two suspects namely
Tariq Ahmad Wagay S/o Ab. Samad R/o Rahu, Anantnag and Asif Ahmad
Lone S/o Mohammad Ashraf Lone R/o Pazalpora, Bijbehara were called
to the Police Station and they disclosed that they were working as OGW
with banned HM outfit. There cell phones were seized for analyzing and
seizure memo was prepared ; and
5. Whereas, the cell phones of these two OGWs were analyzed and
report thereof received revealed that the accused namely Tariq Ahmad
Wagay was using whatsapp number of different PoK/Pak groups i. e.
Ghazwatal Hind, Tehreek-I-Azadi Kashmir, Musa Lovers, Al-Jihad-Fil-Islam
etc. ; and
6. Whereas, during further investigation it was revealed that these
two OGW motivated three individuals namely Mujeeb Altaf Shah S/o Altaf
Ahmad R/o Bilal Colony, Bijbehara, (2) Shabir Ahmad Wagay S/o
Gh. Rasool R/o Sicop Colony, Bijbehara and, (3) Adnan Shafi Mantoo S/o
Mohd Shafi R/o Goriwan, Bijbehara to join the terrorists ranks after getting
Rs. 1.80 lacs from them and planned to snatch Arms/Ammunition from the
Police/Security forces so that same could be provided to these newly
recruited youths for terrorist activities. These three youths were also called
to the Police Station and their statements were recorded U/S 164 Cr. P. C.
which corroborated the case against the above-mentioned two OGW's ;
and
7. Whereas, on the basis of investigation, statement of material
witnesses recorded and other evidence collected, the investigating officer
has established prima facie against the accused Tariq Ahmad Wagay No. 4-l] The J&K Official Gazette, 28th April, 2020/8th Vai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
S/o Ab. Samad R/o Rahu, Anantnag and Asif Ahmad Lone S/o Mohammad
Ashraf Lone R/o Pazalpora, Bijbehara for commission of offence punishable
under section 13, 18-B, 20 of Unlawful Activities (Prevention) Act, 1967 ;
and
9. Whereas, the Authority appointed by the Government under sub-
section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967
has independently examined the case diary file and all the other relevant
documents relating to the case and has come to the conclusion that prima
facie case is made out against the above accused ; and
10. Whereas, after perusing the Case Dairy file, the relevant
documents and also taking into consideration the views of the Authority
appointed under sub-section (2) of section 45 of the Unlawful Activities
(Prevention) Act, 1967, the Government is of the view that there is sufficient
material and evidence available against the above-mentioned accused for
their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government hereby accords sanction for launching prosecution against the above-mentioned accused persons for the commission of offences punishable under section 13, 18-B, 20 of ULA (P) Act in case FIR No. 36/2018 of Police Station, Anantnag.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 26th June, 2020/5th Asad., 1942. [No. 13-d –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 26th June, 2020.
SO-205.––Whereas, on 02-01-2020, Police, Kishtwar recieved reliable information that the accused persons namely (1) Bashir Ahmad S/o Lal Din Mingnoo R/o Khirpakhnoo, (2) Wali Mohammad S/o Ghulam Mohammad R/o Dangduru, (3) Bashir Ahmad Sheikh S/o Abdul Gani Sheikh R/o Dangduru, (4) Zahoor Ahmad Butt S/o Sonaullah Butt R/o Laharna, (5) Yassir Hussain S/o Ghulam Mohammad Dar R/o 2 The J&K Official Gazette, 26th June, 2020/5th Asad., 1942. [No. 13-d –––––––––––––––––––––––––––––––––––––––––—–––—————––– Dangduru, (6) Ghulam Nabi Chopan S/o Abdul Aziz R/o Trungaie, (7) Mohammad Ramzan Sheikh S/o Mir Zaman R/o Dangduru, (8) Sadam Hussain Wani S/o Mohammad Amin Wani R/o Suid, (9) Khazar Mohammad Sheikh S/o Habib Sheikh R/o Dangduru, (10) Mohammad Hassan S/o Dulla Gujjar R/o Gujar Kothan were active OGWs working for HM outfit, harboring the terrorists and providing them transportation and aiding them logistically ; and
2. Whereas, the above accused persons were managing meetings with the active terrorists namely, (1) Mohammad Amin @ Jahangir Saroori S/o Mohammad Anwar R/o Saroor Kishtwar, (2) Mudassir Ahmad Gianoo S/o Tariq Ahmad R/o Tander Dachan and (3) Reyaz Ahmad S/o Mohammad Ramzan R/o Ranaie for carrying out terrorist activities in the area, the accused persons were arranging funds for terrorist namely Mohammad Amin Affiliated with HM outfit ; and
3. Whereas, a Case FIR No. 01/2020 under sections 13, 18, 19, 20, 23, 38, 39, Unlawful Activities (Prevention) Act, 1967, came to be registered in Police Station, Dachhan and investigation was taken up ; and
4. Whereas, during the course of investigation the accused persons namely (1) Bashir Ahmad, (2) Wali Mohammad, (3) Bashir Ahmad Sheikh, (4) Zahoor Ahmad Butt, (5) Khazar Mohammad Sheikh, (6) Yassir Hussain, (7) Ghulam Nabi Chopan, (8) Mohammad Hassan were arrested in the case, whileas accused Mohammad Ramzan Sheikh was already taken into custody in case FIR No. 268/2019, Police Station, Kishtwar and accused Sadam Hussain was absconding ; and
5. Whereas, on the disclosure of accused Khazer Sheikh and Mohammad Hassan Gujjar one 12 Bore rifle and 25 rounds of AK-47 respectively were recovered from their possession. During investigation the seizure memo of recovered arms/ammunition was prepared and the statement of material witnesses under sections 161 Cr. PC were recorded in the case ; and
6. Whereas, during the course of investigation it was established that the accused persons were working as OGWs for active terrorists for carrying out subversive activities in Kishtwar area and were providing logistic support to them ; and No. 13-d] The J&K Official Gazette, 26th June, 2020/5th Asad., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 7. Whereas, on the basis of investigation, statement of material
witnesses recorded and other evidence brought on record, the investigating
officer has established prima facie case against the below mentioned
accused persons for commission of offences shown against each of
Unlawful Activities (Prevention) Act, 1967 :—
S. Name of accused Offence
No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Bashir Ahmad S/o Lal Din Mingnoo 13, 18, 19, 39
R/o Khripakhnoo ULA (P) Act
2. Wali Mohammad S/o Ghulam Mohammad
R/o Dangduru
3. Bashir Ahmad Sheikh S/o Abdul Gani
R/o Dangduru
4. Zahoor ahmad Butt S/o Sonaullah Butt
R/o Laharna
5. Yassir Hussain S/o Ghulam Mohammad
Dar R/o Dangduru
6. Ghulam Nabi Chopan S/o Abdul Aziz
R/o Trungaie
7. Mohammad Ramzan Sheikh S/o Mir
Zaman R/o Dangduru
8. Sadam Hussain Wani S/o Mohammad
Amin Wani R/o Suid
9. Khazar Mohammad Sheikh 13, 18, 19, 23,
S/o Habib Sheikh R/o Dangduru 39 ULA (P) Act
10. Mohammad Hassan S/o Dulla Gujjar
R/o Gujar Kothan.
4 The J&K Official Gazette, 26th June, 2020/5th Asad., 1942. [No. 13-d –––––––––––––––––––––––––––––––––––––––––—–––—————–––
1 2 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 11. Mohammad Amin @ Jahanger Saroori 13, 18, 20, 38
S/o Mohammad Anwar R/o Bhadat ULA (P) Act
Saroor (Active Terrorist)
12. Mudassir Ahmad Gianoo S/o Tariq
Hussain R/o Tander Dachan
(Active Terrorist)
13. Reyaz ahmad S/o Mohammad
Ramzan R/o Renaie Marwah
(Active Terrorist)
8. Whereas, the accused figuring at S. No. 08 is absconding and
accused figuring from S. No. 11 to 13 are active terrorists of HM outfit
and proceedings under section 299 Cr. PC. have been initiated against
them ; and
9. Whereas, the Authority appointed by the Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the case diary file and all the other relevant documents relating to the case and has come to the conclusion that prima facie case is made out against the above accused ; and
10. Whereas, after perusing the Case Diary File, the relevant documents and also taking into consideration the views of the Authority Appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above mentioned accused for their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-
section (2) of section 45 of the Unlawful Activities (Prevention)
Act, 1967, the Government hereby accords sanction for launching
prosecution against the above mentioned accused for the commission of No. 13-d] The J&K Official Gazette, 26th June, 2020/5th Asad., 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— offences punishable under sections 13, 18, 19, 20, 23, 38, 39 in the Case FIR No. 01/2020 of Police Station, Dachhan.
By order of the Government of Jammu and Kashmir.
(Sd.) ...................................
Principal Secretary to Government, Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Mon., the 29th June, 2020/8th Asad., 1942. [No. 13-e –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 29th June, 2020.
SO-206.––Whereas, on 12-02-2020, Police Station, Bijbehara during checking at Arwani Bridge arrested three accused perpons namely Aijaz Ahmad Sofi S/o Abdul Rehman R/o Gundchal, (2) Aqib Fayaz Makroo S/o Fayaz Ahmad Makroo R/o Arwani, and (3) Aadil Ahmad Dar S/o Bashir Ahmad Dar R/o Arwani and recovered 60 posters of HM outfit from their possession ; and 2 The J&K Official Gazette, 29th June, 2020/8th Asad., 1942. [No. 13-e –––––––––––––––––––––––––––––––––––––––––—–––—————––– 2. Whereas, a Case FIR No. 10/2020 under section 13 Unlawful Activities (Prevention) Act, 1967, came to be registered in Police Station, Bijbehara and investigation was set into motion ; and
3. Whereas, during the course of investigation site plan of place of occurrence and seizure memo of recovered posters were prepared, statement of witnesses acquainted with the facts and circumstances of the case were recorded under section 161 Cr. P. C. ; and
4. Whereas, during the course of investigation it was revealed that the accused Aijaz Ahmad Sofi S/o Abdul Rehman R/o Gundchal, (2) Aqib Fayaz Makroo S/o Fayaz Ahmad Makroo R/o Arwani, and (3) Aadil Ahmad Dar S/o Bashir Ahmad Dar R/o Arwani were working as OGWs for HM outfit and all the three were given assignment of pasting posters of the HM outfit in the area to spread terror among the general public of the area ; and
5. Whereas, on the basis of investigation, statement of witnesses recorded and other evidence collected, the Investigating Officer has prima facie established involvement of the below mentioned accused persons for commission of offence punishable under section 13 of Unlawful Activities (Prevention) Act, 1967 :—
S. Name of accused Offence
No.
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Aijaz Ahmad Sofi S/o Abdul Rehman 13 ULA(P) Act
R/o Gundchal.
2. Aqib Fayaz Makroo S/o Fayaz Ahmad
Makroo R/o Arwani.
3. Aadil Ahmad Dar S/o Bashir Ahmad
Dar R/o Arwani.
6. Whereas, the Authority appointed by the Government under sub- section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the case diary file and all the other relevant documents relating to the case and has come to the conclusion that prima facie case is made out against the above accused ; and No. 13-e] The J&K Official Gazette, 29th June, 2020/8th Asad., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 7. Whereas, after perusing the Case Diary file, the relevant documents and also taking into consideration the views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above-mentioned accused for their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government hereby accords sanction for launching prosecution against the above-mentioned accused for the commission of offence punishable under section 13 ULA (P) Act, in case FIR No. 10/2020 of Police Station, Bijbehara.
By order of the Government of Jammu and Kashmir.
(Sd.) ...................................
Principal Secretary to Government, Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Mon., the 29th June, 2020/8th Asad., 1942. [No. 13-g –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Srinagar, the 29th June, 2020.
SO-208.––Whereas, on 31-12-2019, Police Station, Bijbehara
during checking at Padshahi Bagh arrested one Aasif lsmail Malik
S/o Mohammad Ismail Malik R/o Arwani and recovered 20 posters of
HM outfit from his possession ; and 2 The J&K Official Gazette, 29th June, 2020/8th Asad., 1942. [No. 13-g –––––––––––––––––––––––––––––––––––––––––—–––—————––– 2. Whereas, a Case FIR No. 177/2019 under section 13 Unlawful
Activities (Prevention) Act, 1967, came to be registered in Police Station,
Bijbehara and investigation was set into motion ; and
3. Whereas, during the course of investigation site plan of place
of occurrence and seizure memo of recovered posters was prepared,
statement of witnesses acquainted with the facts and circumstances of
the case were recorded under section 161 Cr. PC. ; and
4. Whereas, during the course of investigation it was revealed that
the accused Aasif Ismail Malik was working as OGW for HM outfit
and he was given assignment of pasting the posters in the area to spread
terror among the general public of the area ; and
5. Whereas, on the basis of investigation, statement of witnesses
recorded and other evidence collected, the Investigating Officer has
prima facie established involvement of the accused namely, Aasif Ismail
Malik S/o Mohammad Ismail Malik R/o Arwani for commission of
offence punishable under section 13 of Unlawful Activities (Prevention)
Act, 1967 ; and
6. Whereas, the Authority appointed by the Government under sub-
section (2) of section 45 of the Unlawful Activities (Prevention)
Act, 1967 has independently examined the case diary file and all the
other relevant documents relating to the case and has come to the
conclusion that prima facie case is made out against the above accused
; and
7. Whereas, after perusing the Case Diary File, the relevant
documents and also taking. info consideration the views of the Authority
appointed under- sub-section (2) of section 45 of the Unlawful Activities
(Prevention) Act, 1967, the Government is of the view that there is
sufficient material and evidence available against the above mentioned
accused for their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-section (2)
of section 45 of the Unlawful Activities (Prevention) Act, 1967, the
Government hereby accords sanction for launching prosecution against
the above mentioned accused for the commission of offence punishable No. 13-g] The J&K Official Gazette, 29th June, 2020/8th Asad., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— under section 13 Unlawful Activities (Prevention) Act, 1967 in the case
FIR No. 177/2019 of Police Station, Bijbehara.
By order of the Government of Jammu and Kashmir.
(Sd.) ...................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 7th July, 2020/16th Asad., 1942. [No. 14-c –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Srinagar, the 7th July, 2020.
SO-211.––Whereas, on 23-07-2019, Police Station, Bijbehara received reliable information that unknown terrorists gunned down a person namely Nazir Ahmad Bhat S/o Ghulam Qadir Bhat R/o Manzpora Wopzan and had left his dead body in a nearby orchard at Village Wopzan ; and 2 The J&K Official Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– 2. Whereas, Case FIR No. 106/2019 under sections 364, 302, 34,
109 RPC, 7/27 A. Act, 16, 18, l9, 2038 Unlawful Activities (Prevention)
Act, 1967, came to be registered in Police Station, Bijbehara and
investigation was taken up ; and
3. Whereas, dead body of the deceased Nazir Ahmad Bhat was
recovered from the orchards and after completing formalities the dead
body was handed over to legal heirs for last rites. Site plan of place
of occurrence was prepared and the statement of witnesses acquainted
with the facts and circumstances of the case were recorded under the
relevant provisions of law ; and
4. Whereas, during the course of investigation it was established
that on 22-7-2019 the deceased had gone to the house of one Rasim
Ahmad Mir S/o Abdul Majeed Mir R/o Katoo where two terrorists of
JeM outfit namely Shano Showkat S/o Showkat Ahmad R/o Ashwara
and Fayaz Ahmad Thoker @ Fayaz Panzoo S/o Bashir Ahmad R/o
Panzoo Tral were hiding ; and
6. Whereas, the terrorists hiding in the house of Rasim Ahmad
Mir had kidnapped the deceased with the help of accused Rasim Ahmad
Mir S/o Ab. Majeed Mir R/o Katoo and Manzoor Ahmad Rather
S/o Ghulam Mohi-Ud-Din Rather R/o Katoo in a vehicle Alto-800
belonging to accused Manzoor Ahmad Rather and took the deceased
to outskirts of Village Katoo and fired upon him by their illegal weapon
resulting in on spot death of the deceased Nazir Ahmad Bhat ; and
7. Whereas, during the course of investigation it was also revealed
that the accused Rasim Ahmad Mir S/o Abdul Majeed Mir R/o Katoo
and Manzoor Ahmad Rather S/o Ghulam Mohi-ud-Din Rather R/o Katoo
were working as OGWs for the JeM outfit and were providing logistic
support to JeM terrorists namely Shanu Showkat and Fayaz Ahmad
Thoker who hatched a criminal conspiracy with the active terrorists to
kill the deceased ; and
8. Whereas, the accused terrorists Shanu Showkat and Fayaz
Ahmad Thoker have been killed in an encounter and therefore, dropped
from the case ; and No. 14-c] The J&K Official Gazette, 7th July, 2020/16th Asad., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 9. Whereas, on the basis of investigation, the investigating officer has established prima facie case against the below mentioned accused persons for commission of offences punishable under sections 18, 19 of Unlawful Activities (Prevention) Act, 1967 :—
S. Name of the accused Offence
No.
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Rasim Ahmad Mir S/o Abdul Majeed 18, 19 ULA (P) Act
Mir R/o Katoo.
2. Manzoor Ahmad Rather S/o Ghulam
Mohi-ud-Din Rather R/o Katoo.
10. Whereas, the Authority appointed by the Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the case diary file and all the other relevant documents relating to the case and has come to the conclusion that prima facie case is made out against the above accused ; and
11. Whereas, after perusing the Case Diary File, the relevant documents and also taking into consideration the views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above mentioned accused for their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub- section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government hereby accords sanction for launching prosecution against the above mentioned accused for the commission of offence punishable under sections 18, 19 of Unlawful Activities (Prevention) Act, 1967 in case FIR No. 106/2019 of Police Station, Bijbehara.
By order of the Government of Jammu and Kashmir.
(Sd.) ...................................
Principal Secretary to Government, Home Department.
No. 5-a] The J&K Official Gazette, 30th April, 2020/10th Vai., 1942. Thu. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
EXTRAORDINARY REGD. NO. JK–33
PART I––B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—SCHOOL EDUCATION DEPARTMENT
Notification
Jammu, the 30th of April, 2020.
SO–145.— In exercise of the powers conferred by sub-section (1) of
Section 12 of the Jammu and Kashmir Board of School Education
Act, 1975 (Act No. XXVIII of 1975) and in supersession of notification
SRO-159 dated 03-04-2018 or any other notification issued on the subject,
the Government hereby extends the term of Prof. Veena Pandita,
Chairperson, Jammu and Kashmir Board of School Education for a period
of two months only beyond her date of superannuation i. e. 30-04-2020.
By order of the Lieutenant Governor.
(Sd.) ASGAR HASSAN SAMOON, IAS,
Principal Secretary to the Government,
School Education Department.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Mon., the 4th May, 2020/14th Vai., 1942. [ No. 5-b
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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—HEALTH AND MEDICAL EDUCATION
DEPARTMENT
Notification
Jammu, the 4th of May, 2020.
SO–146.— In exercise of the powers conferred by sub-section (1) of
section 33-G of the Drugs and Cosmetics Act, 1940, and in supersession of
notification SRO 267 dated 22-05-2013, the Government of Jammu and
Kashmir hereby appoint the following persons to be Inspectors for the entire
2 The J&K Official Gazette, 4th May, 2020/14th Vai., 1942. [No. 5-b
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Union Territory of Jammu and Kashmir for purpose of Chapter IV-A of the
said Act, namely—
S. No. Name of the officer Designation
—————————————————————————————
1. Amit Bali Drugs Control Officer
2. Amit Mahajan Drugs Control Officer
3. Gulshan Roy Drugs Control Officer
4. Vikram Singh Bahu Drugs Control Officer
5. Vipan Kochroo Drugs Control Officer
6. Bhawana Bhat Drugs Control Officer
7. Ishtiyaq Hussain Drugs Control Officer
8. Shahnawaz Khaki Drugs Control Officer
9. Sajad Ahmad Wani Drugs Control Officer
10. Ashaq Hussain Bhat Drugs Control Officer
11. Bilal Ahmad Rather Drugs Control Officer
12. Peerzada Tasaduq Hussain Drugs Control Officer
By order of the Government of Union Territory Jammu and Kashmir.
(Sd.) ATAL DULLOO, IAS,
Financial Commissioner,
Health and Medical Education Department.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Tue., the 5th May, 2020/15th Vai., 1942. [ No. 5-c
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT
Notification
Jammu, the 5th of May, 2020.
SO–147.— In exercise of the powers conferred by Section (93) of
the Jammu and Kashmir Reorganization Act, 2019 and S.O. 3937 (E) dated
31st October, 2019, read with order issued in terms of sub-clause (i) of 2 The J&K Official Gazette, 5th May., 2020/15th Vai., 1942. [No. 5-c ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
clause (c) of the Proclamation issued by the President dated 31st October,
2019, the Lieutenant Governor of the Union Territory of Jammu and Kashmir
is pleased to appoint Mr. B. R. Sharma , IAS (Retd.) as Chairman, Public
Service Commission for the Union Territory of Jammu and Kashmir. He
shall hold the position of the Chairman, Public Service Commission, till he
attains the age of sixty two years.
By order of the Lieutenant Governor.
(Sd.) DR. FAROOQ AHMAD LONE, IAS,
Secretary to the Government.
No. 5-d] The J&K Official Gazette, 5th May., 2020/15th Vai., 1942. Tue. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
EXTRAORDINARY REGD. NO. JK–33
PART I––B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
Notification
Jammu, the 5th of May, 2020.
SO–148.— In exercise of the powers conferred by sub-section (1)
of the section 20 of the Code of Criminal Procedure, 1973, the
Government hereby appoint the following Officers to be the Executive
Magistrate who shall exercise all the powers of an Executive Magistrate
within their territorial jurisdiction of District Reasi .
S.No. Name of the Officer Designation
—————————————————————————————
S/Shri
1. Sh. Munshi Ram Tehslidar, Reasi
2. Sh. Anil Charak Tehslidar, Katra
By order of the Government.
(Sd.) ACHAL SETHI,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Tue., the 5th May, 2020/15th Vai., 1942. [ No. 5-e
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS.
Notification
Jammu, the 5th of May, 2020.
S.O.–149.— In exercise of the powers conferred by sub-section (1)
of section 20 of the Code of criminal Procedure, 1973, the Government
hereby appoint Sh. Rakesh Kumar, KAS, Additional Deputy Commissioner,
Bhaderwah to be the Executive Magistrate, who shall exercise all the
powers of an Executive Magistrate within the territorial jurisdiction
of District Doda.
2 The J&K Official Gazette, 5th May, 2020/15th Vai., 1942. [No. 5-e ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
The Government further in exercise of the powers conferred by sub-
section (2) of section 20 of the said Code appoints the aforesaid Executive
Magistrate as Additional District Magistrate within the territorial jurisdiction
of District Doda who shall have all the powers of District Magistrate under
the said code.
By order of the Government.
(Sd.) ACHAL SETHI,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
No. 5-f] The J&K Official Gazette, 5th May, 2020/15th Vai., 1942. Tue —————————————————————————————————
EXTRAORDINARY REGD. NO. JK–33
PART I––B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND PARLIMENTARY AFFAIRS.
Notification
Jammu, the 5th of May, 2020.
SO–150.— In exercise of the powers conferred by sub-section (1) of
the section 20 of the Code of criminal Procedure, 1973, the Government
hereby appoint Sh. Mehboob Khan, Tehsildar Batote to be the Executive
Magistrate who shall exercise all the powers of an Executive Magistrate
within his territorial jurisdiction of District Ramban.
By order of the Government.
(Sd.) ACHAL SETHI,
Secretary to Government,
Department of Law, Justice and Parlimentary Affairs.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Wed., the 6th May, 2020/16th Vai., 1942. [ No. 5-g
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation
–––––––––––––––––––––––––––––––––––––––––––––––––––––– PART-III
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—LABOUR AND EMPLOYMENT DEPARTMENT.
Notification
Jammu, the 6th of May, 2020.
S.O.–151.—In exercise of the powers conferred by Section 6 of the
Factory Act, 1948, (Act 63 of 1948), the Government hereby publish the
following amendments in the Jammu and Kashmir Factories Rules, 1972
for information of all persons likely to be affected thereby ; and notice is
hereby given that the draft amendments shall be taken into consideration
after the expiry of forth ive days from the date on which the copies of the
Official Gazett in which this notification is published are made available to
the public.
Objecttions and suggestions, if any, may be addressed to the
Administrative Secretary, Department of Labour and Employment, Civil
Secretariat Room No. 1/26 1st Floor Mini Secretaiat J&K, Jammu or by
email at [email protected].
2 The J&K Official Gazette, 6th May, 2020/16th Vai., 1942. [No. 5-g ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Any objection/Suggestion received after the expiry of the said period
shall not be entertained.
In rule 5 :—
(i) Sub-rule (I) shall be substituted by the following :—
(1) A licence shall be granted or renewed under this chapter on
payment of the fees specified in the Schedul "A" below for every
year ;
Schedule-'A'
Quantity Minimum number of Persons employed during the year
of H. P.
Installed
20 50 100 250 500 750 1000 2000 500
and
above
Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.
Nil 390 530 960 2210 4310 6410 8510 12710 13510
10 410 610 1020 2290 4380 6480 8590 12780 13980
50 630 880 1310 2560 4660 6760 8860 13060 15080
100 980 1230 1650 2910 5010 7110 9210 13410 17910
250 1960 2280 2710 3960 6050 8160 9860 14460 20050
500 3780 4030 4450 5710 7810 9910 12010 16210 25100
1000 7280 7530 7950 9210 11310 13410 15510 19710 30500
1500 10780 11030 11450 12710 14810 16910 19010 23210 35100
2000 14280 14530 14950 16210 18310 20410 22510 26710 38700
5000 & 20530 20780 21210 22450 24500 26510 29760 33910 44500
above
(ii) Sub-rule (2), shall be substituted by the following :—
"(2) Every License granted or renewed under this chapter shall
remain in force for a period of 10 years for all categories"
By order of the Government of Jammu and Kashmir
(Sd.) SAURABH BHAGAT, IAS,
Commissioner/Secretary to the Government.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Fri., the 8th May, 2020/18th Vai., 1942. [ No. 6-b
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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—INDUSTRIES AND COMMERCE DEPARTMENT.
Notification
Jammu, the 8th of May, 2020.
S.O.–153.—In exercise of the powers conferred by Section 15 read
with section 23-C of the Mines and Minerals (Development and Regulation)
Act, 1957, (Central Act, No. 67 of 1957), the Government of Union Territory
of Jammu and Kashmir hereby makes the following amendment in Rule 91 2 The J&K Official Gazette, 8th May, 2020/18th Vai., 1942. [No. 6-b ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
of the J&K Minor Mineral Concession, Storage, Transportation of Minerals
and Prevention of Illegal Mining Rules, 2016 :
After Proviso to Rule 91, the following proviso shall added, namely —
"Provided further that the Government of Union Territory of
Jammu and Kashmir may reserve and grant for Mining lease an
area not exceeding 10 hectares to a Government Company or
Corporation for exploitation of Minor Minerals for the purpose
of providing key construction material to Government
Department".
By order of the Government of Jammu and Kashmir
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government,
Industries and Commerce Department.
No. 6-c] The J&K Official Gazette, 8th May, 2020/18th Vai., 1942. Fri. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
EXTRAORDINARY REGD. NO. JK–33
PART I––B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
Notification
Jammu, the 8th of May, 2020.
SO–154.— In exercise of the powers conferred by proviso to Article
309 of the Constitution of India, the Lieutenant Governor is pleased to direct
that the cadre strength of Chauffeurs/Drivers in Raj Bhawan in terms of
notification SRO-297 dated 06-07-2018 shall be as under :—
S.No. Category Sanctioned strength
—————————————————————————————
1. Chauffeur 3
Rs. 19900-63200 (Level 6B)
2. Driver Grade-I 4
Rs. 25500-81100 (Level 4)
3. Driver Grade-II 5
Rs. 19900-63200 (Level 2)
Total
12
By order of the Lieutenant Governor.
(Sd.) ROHIT SHARMA, KAS,
Additional Secretary to Government.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 23rd April, 2020/3rd Vai., 1942. [ No. 4-b –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 23rd of April, 2020.
SO-133.—Whereas, on 18-07-2015, Police Station, Kishtwar received
an information to the effect that after offering the Eid prayers, a procession
marched ahead to Zeyarat Paridia and at Hidyal Chowk, one Ab. Gani Butt
S/o Gh. Ali Butt R/o Pethgam, Marwah along with others in the precession
had started raising Anti-National and Pro Pak slogans ; and 2 The J&K Official Gazette, 23rd April, 2020/3rd Vai., 1942. [No. 4-b ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 2. Whereas, a Case FIR No. 119/2015 u/s 13 Unlawful Activities
(Prevention) Act, 1967, came to be registered in Police Station, Kishtwar
and investigation was set into motion ; and
3. Whereas, during the course of investigation site plan of place of
occurrence was prepared, statement of witnesses acquainted with the facts
and circumstances of the case were recorded under section 161 Cr. P. C. ;
and
4. Whereas, during the further investigation the other processionists
who participated in sloganeering were identified as (1) Bilal Ahmad Butt
S/o Ab. Rashid Butt R/o Marwah, (2) Raj Mohd S/o Mohd Yaqoob Gujjar
R/o Phogumarh Hasti, (3) Imran Butt S/o Mohd Amin Butt R/o Nagni,
Kishtwar, (4) Sajjad Hussain S/o Gh. Hassain Sheikh R/o Yourdu, Marwah,
(5) Aqib Rasool S/o Gh. Mohi-ud-Din R/o Teller, Marwah, (6) Imran S/o
Irfan Hajam R/o Hatta, Kishtwar, (7) Yawar Hussain S/o Mohd Iqbal R/o
Dugga, Kishtwar, (8) Hawnawaz Ahmad S/o Gh. Rasool Sheikh R/o
Sangrambhatta, (9) Asif Ahmad S/o Manzor Ahmad Peer R/o Astan Bala,
Kishtwar, (10) Ilyas Ahmad S/o Ab. Latif Chobdar R/o Link Road, Kishtwar,
(11) Khali Hussain S/o Mohd Yousuf Pashu R/o Keshwan and during
investigation all these accused persons were arrested ; and
6. Whereas, on the basis of investigation, statement of witnesses
recorded and other evidence collected, the investigating officer has
prima facie case established against all the accused persons for commission
of offence punishable under section 13 of Unlawful Activities (Prevention)
Act, 1967 ; and
7. Whereas, after perusing the Case Diary File, the relevant documents
and also taking into consideration the views of the Authority appointed
under sub-section (2) of section 45 of the Unlawful Activities (Prevention)
Act, 1967, the Government is of the view that there is sufficient material
and evidence available against the above-mentioned accused for their
prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-section (2)
of section 45 of the Unlawful Activities (Prevention) Act, 1967, the
Government hereby accords sanction for launching prosecution against the No. 4-b] The J&K Official Gazette, 23rd April, 2020/3rd Vai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
above mentioned accused for the commission of offence punishable under
section 13 Unlawful Activities (Prevention) Act, 1967 in case FIR No. 119/
2015 of Police Station, Kishtwar.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 10th June, 2020/20th Jyai., 1942. [No. 10-f –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 10th June, 2020.
SO-188.––Whereas, on 20-11-2018, Police Station, Shopian received
a reliable information with regard to presence of terrorists in the house of Farooq Ahmed Ganie S/o Abdul Ahad Ganie R/o Nadigam, the location
was cordoned and the search operation was launched ; and 2 The J&K Official Gazette, 10th June, 2020/20th Jyai., 1942. [No. 10-f –––––––––––––––––––––––––––––––––––––––––—–––—————––– 2. Whereas, during search the terrorists hiding in the house of
Farooq Ahmad Ganie fired indiscriminately upon the searching party
resulting on the spot death of one Army personnel. During encounter
four terrorists identified as (1) Abid Gulzar Chopan S/o Nazir Ahmad
Chopan R/o Padderpora, (2) Basharat Ahmad Nangroo S/o Abdul Rashid
Nangroo R/o Chotigam, (3) Mehaj-ud-Din Najar S/o Abdul Ahad Najar
R/o Drawani Shopian and (4) Malik Inam-ul-Haq S/o Mubarak Ahmad
Malik R/o Motjen, Shopian were killed and huge cache of arms/
ammunition was recovered from the possession of killed terrorists ; and
3. Whereas, a Case FIR No. 363/2018 under sections 302, 307,
353, RPC, 7/27 A. Act, 16, 18, 19, Unlawful Activities (Prevention)
Act, 1967, came to be registered in Police Station, Shopian and
investigation was taken up ; and
4. Whereas, during the course of investigation site plan of scene
of occurrence and seizure memo of recovered arms/ammunition was
prepared. Statement of witnesses acquainted with the facts
and circumstances of the case were recorded under section 161 Cr. PC. ; and
5. Whereas, during further course of investigation it was revealed
that accused Farooq Ahmad Ganie S/o Abdul Ahad Ganie R/o Nadigam
was in close contact with the above terrorists and was providing food/
shelter and transportation to the killed terrorists ; and
6. whereas, during investigation it came to fore that the accused
Farooq Ahmad Ganie alongwith his son Irshad Ahmad Ganie had made
the hideout in their house for providing shelter to the terrorists operating
in the area ; and
7. Whereas, on the basis of investigation, statement of material
witnesses recorded and other evidance brought on record, the investigating
officer has established prima facie case against the accused Farooq
Ahmad Ganie S/o Abdul Ahad Ganie and Irshad Ahmad Ganie S/o Farooq
Ahmad Ganie R/o Nadigam, Shopian for commission of offences
punishable under sections 18, 19 of Unlawful Activities (prevention)
Act, 1967 ; and No. 10-f] The J&K Official Gazette, 10th June, 2020/20th Jyai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 8. Whereas, the Authority appointed by the Government under sub-
section 45 of the Unlawful Activities (Prevention) Act, 1967 has
independently examined the case diary file and all the other relevant
documents relating to the case and has come to the conclusion that
prima facie case is made out against the above accused ; and
9. Whereas, after perusing the Case Diary File, the relevant
documents and also taking into consideration the views of the Authority
appointed under sub-section (2) of section 45 of the Unlawful Activities
(Prevention) Act, 1967, the Government is of the view that there is
sufficient material and evidence available against the above mentioned
accused for their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-
section (2) of section 45 of the Unlawful Activities (Prevention)
Act, 1967, the Government hereby accords sanction for launching
prosecution against the accused for commission of offences punishable
under sections 18, 19 of Unlawful Activities (Prevention) Act, 1967 in
Case FIR No. 363/2018 Police Station, Shopian.
By order of the Government of Jammu and Kashmir.
(Sd.) ...................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Wed., the 10th June, 2020/20th Jyai., 1942. [No. 10-g –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 10th June, 2020.
SO-189.––Whereas, on 27-11-2019, Police, Baramulla intercepted
a suspected person namely, Omar Farooq Dar S/o Farooq Ahmad Dar R/o Ferozpora, Sopore and during his personal search one Chinese Hand
Grenade was recovered from his possession ; and 2 The J&K Official Gazette, 10th June, 2020/20th Jyai., 1942. [No. 10-g –––––––––––––––––––––––––––––––––––––––––—–––—————––– 2. Whereas, a Case FIR No. 1823/2019 under sections 7/25 I. A Act, 23, 39 Unlawful Activities (Prevention) Act, 1967, came to be registered in Police Station, Baramulla and investigation was taken up ; and
3. Whereas, during the course of investigation site plan of place of occurrence and seizure memo of recovered hand grenade was prepared. Statement of witnesses acquainted with the facts and circumstances of the case were recovered under section 161 and 164-A Cr. PC. ; and
4. Whereas, during further investigation it was revealed that accused Omar Farooq Dar S/o Farooq Ahmad Darworking as OGW for banned outfit LeT and the accused was involved in keeping ammunition in his possession intentionally for Unlawful Activities to be carried by the outfit in the area ; and
5. Whereas, on the basis of investigation, statement of witnesses recorded and other evidance collected, the investigating officer has established prima facie case against the accused Omar Farooq Dar S/ o Farooq Ahmad Dar R/o Ferozpore, Sopore for commission of offences punishable under sections 23, 39 of Unlawful Activities (prevention) Act, 1967 ; and
6. Whereas, the Authority appointed by the Government under sub- section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the case diary file and all the other relevant documents relating to the case and has come to the conclusion that prima facie case is made out against the above accused ; and
7. Whereas, after perusing the Case Diary File, the relevant documents and also taking into consideration the views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above mentioned accused for their prosecution under the provision of law.
Now, therefore, in exercise of powers conferred by sub-
section (2) of section 45 of the Unlawful Activities (Prevention)
Act, 1967, the Government hereby accords sanction for launching
prosecution against the above mentioned accused for commission of No. 10-g] The J&K Official Gazette, 10th June, 2020/20th Jyai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— offences under sections 23, 39 of Unlawful Activities (Prevention)
Act, 1967 in Case FIR No. 182/2019 Police Station, Baramulla.
By order of the Government of Jammu and Kashmir.
(Sd.) ...................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 10th June, 2020/20th Jyai., 1942. [No. 10-h –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 10th June, 2020.
SO-190.––Whereas, on 27-11-2019, Police Post, Delina, Baramulla received reliable information that three miscreants in a white colored Maruti Alto 800 were threatening applicants who were depositing their applications for recruitment in Railways Security as SPO at Railway Station, Baramulla ; and 2 The J&K Official Gazette, 10th June, 2020/20th Jyai., 1942. [No. 10-h –––––––––––––––––––––––––––––––––––––––––—–––—————––– 2. Whereas, Police, Baramulla intercepted the vehicle at Juhama
and arrested the three miscreants namely, (1) Saqlain Mushtaq Bhat
S/o Mushtaq Ahmad Bhat R/o Ferozpora, Rafiabad (Driver), (2) Basit
Ahmad Mir S/o Sonaullah Mir R/o Hadipora, Watergam (3) Bahaar Nabi
Mir S/o Gh. Nabi Mir R/o Ferozpora, Rafiabad travelling in the car
bearing Registration No. JK05F-1511 ; and
3. Whereas, during personal search of accused Basit Ahmad Mir
and Bahaar Nabi Mir two Chinese Hand Grenades were recovered from
their possession ; and
4. Whereas, a case FIR No. 185/2019 under section 7/275LA
Act, 23, 39 Unlawful Activities (Prevention) Act, 1967, came to be
registered in Police Station, Baramulla and investigation was taken
up ; and
5. Whereas, during the course of investigation site plan of place
of occurrence and seizure memo of recovered two hand grenades were
prepared, statement of witnesses acquainted with the facts and circumstances
of the case were recorded under sections 161 and 164-A Cr. PC ; and
6. Whereas, during the further investigation it was revealed that
these three accused persons were affiliated with the LeT outfit and had
received two grenades from one active terrorist namely Sajad Mir @
Haider S/o Gh. Qadir Mir R/o Brath Kalan Sopore ; and
7. Whereas, the accused were found to be involved in providing
logistic support to the terrorists in arranging transport for their movement
and also it was revealed that the accused were working under the
influence of the active terrorist namely Sajad Mir @ Haider ; and
8. Whereas, during investigation it came to fore that the above three
accused persons had been threatening the applicants at Baramulla Railway
Station who had assembled for deposting their application forms for the
purpose of recruitment as SPO in Railway Police; and
9. Whereas, on the basis of investigation, statement of witnesses
recorded and other evidence collected, the investigating officer has No. 10-h] The J&K Official Gazette, 10th June, 2020/20th Jyai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— established prima facie case against the following accused persons for commission of offences punishable under sections 23, 39 of Unlawful Activities (Prevention) Act, 1967 :—
S. Name of accused Offence
No.
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Saqlain Mushtaq Bhat S/o Mushtaq 23, 39 ULA (P)
Ahmad Bhat R/o Ferozpora, Rafiabad Act
2. Basit Ahmad Mir S/o Sonaullah Mir
R/o Hadipora, Watergam
3. Bahaar Nabi Mir S/o Gh. Nabi Mir
R/o Ferozpora, Rafiabad
4. Sajad Ahmad Mir @ Haider S/o Gh.
Qadir Mir R/o Brath Kalan, Sopore (Absconding)
10. Whereas, accused Sajad Ahmad Mir @ Haider is absconding and proceedings under section 512 Cr. PC. have been initiated against him ; and
11. Whereas, the Authority appointed by the Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the case diary file and all the other relevant documents relating to the case and has come to the conclusion that prima facie case is made out against the above accused ; and
12. Whereas, after perusing the Case Diary File, the relevant documents and also taking into consideration the views of the Authority Appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above mentioned accused for their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-
section (2) of section 45 of the Unlawful Activities (Prevention) 4 The J&K Official Gazette, 10th June, 2020/20th Jyai., 1942. [No. 10-h –––––––––––––––––––––––––––––––––––––––––—–––—————––– Act, 1967, the Government hereby accords sanction for launching
prosecution against the above mentioned accused for commission of
offences punishable under sections 23, 39 of Unlawful Activities
(Prevention) Act, 1967 in Case FIR No. 185/2019 of Police Station,
Baramulla.
By order of the Government of Jammu and Kashmir.
(Sd.) ...................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 10th June, 2020/20th Jyai., 1942. [No. 10-i –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 10th June, 2020.
SO-191.––Whereas on 02-02-2020, Police Station, Kothibagh received reliable information that some unknown terrorists hurled a hand grenade on the Police/CRPF personnel deployed at Pratap Park near Sumo Stand intending to cause causalities of the men in uniform. The grenade exploded on the ground, resulting injuries of two CRPF personnel and 07 civilians ; and 2 The J&K Official Gazette, 10th June, 2020/20th Jyai., 1942. [No. 10-i –––––––––––––––––––––––––––––––––––––––––—–––—————––– 2. Whereas, Case FIR No. 10/2020 under section 307 IPC, 7/27 A. Act, 16, 18, 23 ULA (P) Act, came to be registered in Police Station, Kothibagh and investigation set into motion ; and
3. Whereas, during investigation site plan of place of occurrence was prepared, statement of witnesses acquainted with the facts and circumstances of the case were recorded under relevant provisions of law ; and
4. Whereas, during further course of investigation it was revealed that some suspected persons were found roaming on MA Road from Taxi Stand towards Budshah Chowk after occurrence of grenade blast in suspicious circumstances and later on fled towards Clock Tower (Ganta Ghar) and Budshah Chowk on a Tavera vehicle bearing
registration No. JK01N-5113 ; and
5. Whereas, during the course of investigation suspected persons
were identified as Naveed-ul-Latief Padroo S/o Abdul Latief R/o
Banderpora Pulwama (2) Shakeel Ahmad Bandh S/o Gh. Mohammad
R/o Koil Pulwama and (3) Shamshad Manzoor Lone S/o Manzoor Ahmad
Lone R/o Turkwangam, Shopian who had been in constant touch with
each other on 01-02-2020 and 02-02-2020 while roaming around the
scene of crime ; and
6. Whereas, the accused Naveed-ul-Latief Padroo was arrested,
who disclosed his involvement along with the above mentioned two
accused persons ; and
7. Whereas, accused namely Shakeel Ahmad Bandh S/o Gh.
Mohammad R/o Koil, Pulwama and Shamshad Manzoor Lone S/o
Manzoor Ahmad Lone R/o Turkwangam were arrested in connection with
the case. Also, the vehicle bearing registration No. JK01-5113 was seized
and statement under section 164-A Cr. PC. of the driver of the vehicle
corroborated the sequence of events of the case ; and
8. Whereas, during investigation it was revealed that all the three
accused persons were in touch with active terrorist Commander of JeM
@ Shaheen @ Usman Based in Pak who was guiding them for Unlawful
and Anti-National activities such as recuitment of youth in militancy and No. 10-i] The J&K Official Gazette, 10th June, 2020/20th Jyai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— transportation of terrorists and OGWs and to ensure grenade attacks on
Police/Security Forces ; and
9. Whereas, based on evidence collected, on statement of witnesses
recorded and other material placed on record, the below mentioned
accused were found in the commission of offence under relevant sections
of ULA (P)Act as shown against each :—
S. Name of accused Offence
No.
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Naveed-ul-Latief Padroo S/o Abdul Latief 16, 18, 23 ULA
R/o Banderpora, Pulwama (P) Act
2. Shakeel Ahmad Bandh S/o Gh. Mohammad
R/o Koil, Pulwama
3. Shamshad Manzoor Lone S/o Manzoor
Ahmad Lone R/o Turkwangam, Shopian
10. Whereas, the Authority appointed by the Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the case diary file and all the other relevant documents relating to the case and has come to the conclusion that prima facie case is made out against the above accused ; and
11. Whereas, after perusing the Case Diary File, the relevant documents and also taking into consideration the views of the Authority Appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above mentioned accused for their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-
section (2) of section 45 of the Unlawful Activities (Prevention)
Act, 1967, the Government hereby accords sanction for launching
prosecution against the above mentioned accused for the commission 4 The J&K Official Gazette, 10th June, 2020/20th Jyai., 1942. [No. 10-i –––––––––––––––––––––––––––––––––––––––––—–––—————––– of offences punishable under sections 16, 18, 23 of ULA (P) Act, in
Case FIR No. 10/2020 of Police Station, Kothibagh.
By order of the Government of Jammu and Kashmir.
(Sd.) ...................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Mon., the 22nd June, 2020/1st Asad., 1942. [No. 12-f ––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 22nd June, 2020.
SO–198.—Whereas, on 25-01-2020, Police Station, Sumbal
received reliable information that two accused namely, Waseem Ahmad
Khan S/o Saif-ud-Din Khan R/o Sadurkote Bala and Irshad Ahmad
Sheikh S/o Gh. Mohi-ud-Din Sheikh R/o Sadurkote Bala were in league
with the active terrorist of LeT outfit namely, Saleem Parray @ Bila 2 The J&K Official Gazette, 22nd June, 2020/1st Asad., 1942. [No. 12-f –––––––––––––––––––––––––––––––––––––––––––––––––––––– Battery, providing him logistic support in the unlawful activities carried by him in the area ; and
2. Whereas, a case FIR No. 14/2020 under sections 7/25 Arms Act, 13, 18, 19, 20, 38, 39 ULA(P) Act, was registered in Police Station, Sumbal, and investigation was set in motion ; and
3. Whereas, during investigation, the accused Waseem Ahmad Khan and Irshad Ahmad Sheikh were arrested and on their disclosure Police recovered 05 AK Magazines 180 AK Rounds, 01 Pistol, 01 Pistol Magazine, 08 Pistol Rounds, 01 UBGL thrower, 03 UBGL Grenades and 01 Wireless Set from their possession ; and
4. Whereas, the accused disclosed that other two persons namely Altaf Ahmad Dar S/o Ab. Hamid Dar R/o Bonikhan Hajin and Hilal Ahmad Wani S/o Ali Mohd Wani R/o Parray Mohalla Hajin were also providing logistic support to the active terrorists in the area ; and
5. Whereas, Altaf Dar and Hilal Wani were arrested in the case and on their disclosure 332 AK 47 Rounds, 05 AK Magazines, 03 UBGL Grenades, 01 UBGL thrower, 01 Wireless Set and 01 Revolver were recovered from their possession ; and
6. Whereas, the seizure memo of recovered arm/ammunition was prepared and statements of witnesses acquainted with the facts and circumstances of the case were recorded under the relevant sections of law ; and
7. Whereas, based on the investigation, statement of witnesses recorded as well as material witnesses and other evidence during the course of investigation, the investigation officer has established prima facie against the following accused persons for commission of offences shown against each under unlawful Activities (Prevention) Act, 1967 as under :—
S. No. Name of accused Offence ———————————————————————————— 1 2 3 ————————————————————————————
1. Waseem Ahmad Khan S/o Said-ud-Din Khan 13, 18, 19,
R/o Sadurkote Bala.
38, 39 ULA(P) Act
2. Irshad Ahmad Sheikh S/o Gh. Mohi-ud-Din
Sheikh R/o Sadurkote Bala.
3. Altaf Ahmad Dar S/o Ab. Hamid Dar R/o
Bohikhan Hajin.
No. 12-f ] The J&K Official Gazette, 22nd June, 2020/1st Asad., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ———————————————————————————— 4. Hilal Ahmad Wani S/o Ali Mohd Wani R/o 13, 18, 19, Parray Mohalla Hajin. 38, 39
ULA(P) Act
5. Saleem Parray @ Billa Battery S/o Gh. 18, 20
Mohammad Parray R/o Hajin. ULA(P) Act
(Active terrorist)
8. Whereas, accused Saleem Parray @ Billa Battery is absconding and proceedings under section 299 Cr.P.C. have been initiated against him ; and
9. Whereas, the Authority appointed by the Government under sub- section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the case diary file and all the other relevant documents relating to the case and has come to the conclusion that prima facie case is made out against the above accused ; and
10. Whereas, after perusing the Case Diary File, the relevant documents and also taking into consideration the views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above mentioned accused for their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967. the Government hereby accords sanction for launching proseution against the above mentioned accused for the commission of offences punishable under sections 13, 18, 19, 20, 38, 39 of ULA(P) Act, 1967 in the case FIR No. 14/2020 of Police Station, Sumbal.
By order of the Government of Jammu and Kashmir.
(Sd.) ..................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 24th June, 2020/3rd Asad., 1942. [No. 12-g ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government–Notifications.
————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—GENERAL ADMINISTRATION DEPARTMENT
Notification
Jammu, the 24th June, 2020.
SO–200.—In exercise of powers conferred by Section 93 of the
Jammu and Kashmir Reorganization Act, 2019, and SO 3937 (E) dated
31st October, 2019, read with Order issued in terms of sub-clause (i)
of clause (c) of the Proclamation issued by the President dated 31st 2 The J&K Official Gazette, 24th June, 2020/3rd Asad., 1942. [No. 12-g –––––––––––––––––––––––––––––––––––––––––––––––––––––– October, 2019, the Lieutenant Governor of Union Territory of Jammu
and Kashmir, is pleased to appoint the following persons as Member
of the Public Service Commission for the Union territory of Jammu and
Kashmir :—
1. Mr. S. Ahfadul Mujtaba, IPS, Director General, Prosecution,
J&K.
2. Mr. Syed I qb a l Aga , r et ir ed Development Commissioner
(Works).
3. Mr. Subash Gupta, retired District and Sessions Judge.
4. Mr. Des Raj, Chief Engineer, Public Works (R&B), Jammu.
5. Mr. Sameer Bharti, IFS (Retired).
6. Mr. Shokat Ahmad Zargar, retired Associate Pr ofessor
(Mathema tics), Higher Education Department.
The above persons shall hold the position of Member, Public
Service Commission till they attain the age of sixty two years. Their
appointment shall take effect from the date they assume the office.
By order of the Lieutenant Governor.
(Sd.) CHARANDEEP SINGH,
Additional Secretary to the Government.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Mon., the 29th June, 2020/8th Asad., 1942. [No. 13-f –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 29th June, 2020.
SO-207.––Whereas, on 19-10-2019, Police Station, Baramulla received reliable information that at Sabzi Market Mohalla, Jadeed, Baramulla some unknown terrorists fired upon a shopkeeper (Jeweller) namely Mohammad Ibrahim Zargar S/o Manzoor Ahmad Zargar R/o Kanispora, Baramulla ; and 2 The J&K Official Gazette, 29th June, 2020/8th Asad., 1942. [No. 13-f –––––––––––––––––––––––––––––––––––––––––—–––—————––– 2. Whereas, in the incident Mohammad Ibrahim Zargar (Shopkeeper) had escaped unhurt and the terrorists had fled away from the spot ; and
3. Whereas, a Case FIR No. 167/2019, under section 307, IPC, 7/27 IA Act, 16, 20 Unlawful Activities (Prevention) Act, 1967, came to be registered in Police Station, Baramulla and investigation was taken up ; and
4. Whereas, during the course of investigation site plan of place of occurrence and seizure memo of empty cartridge seized at the place of occurrence was prepared. Statement of witnesses acquainted with the facts and circumstances of the case were recorded under section 161 and 164-A Cr. P. C. ; and
5. Whereas, during the course of investigation it came to the fore that one Danish Ahmad Channa S/o Tariq Ahmad Channa R/o Stadium Colony, Arampora, Baramulla member of LeT outfit has fired upon the said shopkeeper. Subsequently the accused Danish Ahmad Channa was arrested in the case and one Pistol along with seven live rounds were recovered from his possession ; and
6. Whereas, during further investigation the expert opinion was obtained from CFSL, Chandigarh which revealed that the said empty cartridge seized from the place of occurrence was fired from the same pistol which the Police had recovered from the accused ; and
7. Whereas, on the basis of investigation, statement of witnesses recorded and other evidence collected, the Investigating Officer has established prima facie case against the accused terrorist namely Danish Ahmad Channa S/o Tariq Ahmad Channa R/o Stadium Colony, Arampora, Baramulla for commission of offences punishable under sections 16, 20 of Unlawful Activities (Prevention) Act, 1967 ; and
8. Whereas, the Authority appointed by the Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the case diary file and all the other relevant documents relating to the case and has come to the conclusion that prima facie case is made out against the above accused ; and
9. Whereas, after perusing the Case Diary file, the relevant documents and also taking into consideration the views of the Authority No. 13-f] The J&K Official Gazette, 29th June, 2020/8th Asad., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above-mentioned accused for their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government hereby accords sanction for launching prosecution against the above-mentioned accused for the commission of offence under sections 16, 20 of Unlawful Activities (Prevention) Act, 1967 in the case FIR No. 167/2019 of Police Station, Baramulla.
By order of the Government of Jammu and Kashmir.
(Sd.) ...................................
Principal Secretary to Government, Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Fri., the 9th Aug., 2019/18th Srav., 1941. [No. 19-8 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
———–
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 9th August, 2019/Sravana 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 CONSUMER PROTECTION ACT, 2019
(No. 35 of 2019)
[9th August, 2019.]
An Act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers' disputes and for matters connected therewith or incidental thereto.
2 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
CHAPTER I
Preliminary
1. Short title, extent, commencement and application.—(1)
This Act may be called the Consumer Protection Act, 2019.
(2) It extends to the whole of India except the State of Jammu
and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different States and 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.
(4) Save as otherwise expressly provided by the Central Government, by notification, this Act shall apply to all goods and services.
2. Definitions.—In this Act, unless the context otherwise requires,—(1) "advertisement" means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or such other documents ;
(2) "appropr iate la boratory" means a laboratory or an
organisation—
(i) recognised by the Central Government ; or
(ii) recognised by a State Government, subject to such guidelines as may be issued by the Central Government in this behalf ; or
(iii) established by or under any law for the time being in force, which is maintained, financed or aided by the Central No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Government or a State Government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect ;
(3) "branch office" means—
(i) any office or place of work described as a branch by the
establishment ; or
(ii) any establishment ca rrying on either the same or substantially the same activity carried on by the head office of the establishment ;
(4) "Central Authority" means the Central Consumer Protection
Authority established under section 10 ;
(5) "complainant" means—
(i) a consumer ; or
(ii) any voluntary consumer association registered under any
law for the time being in force ; or
(iii) the Central Government or any State Government ; or
(iv) the Central Authority ; or
(v) one or more consumers, where there are numerous
consumers having the same interest ; or
(vi) in case of death of a consumer, his legal heir or legal
representative ; or
(vii) in case of a consumer being a minor, his parent or legal
guardian ;
(6) "complaint" means any allegation in writing, made by a complainant for obtaining any relief provided by or under this Act, that—
(i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider ;
4 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(ii) the goods bought by him or agreed to be bought by him
suffer from one or more defects ;
(iii) the services hired or availed of or agreed to be hired or
availed of by him suffer from any deficiency ;
(iv) a trader or a service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—
(a) fixed by or under any law for the time being in
force ; or
(b) displayed on the goods or any package containing
such goods ; or
(c) displayed on the price list exhibited by him by or under any law for the time being in force ; or
(d) agreed between the parties ;
(v) the goods, which are hazardous to life and safety when
used, are being offered for sale to the public—
(a) in contravention of standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force ;
(b) where the trader knows that the goods so offered are
unsafe to the public ;
(vi) the services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by a person who provides any service and who knows it to be injurious to life and safety ;
(vii) a claim for product liability action lies against the product manufacturer, product seller or product service provider, as the case may be ;
(7) "consumer" means any person who—
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose ; or
(ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.
Explanation.—For the purposes of this clause,—
(a) the expression "commercial purpose" does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment ;
(b) the expressions "buys any goods" and "hires or avails any services" includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing ;
(8) "consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint ;
(9) "consumer rights" includes,—
(i) the right to be protected against the marketing of goods, products or services which are hazardous to life and property ;
(ii) the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, 6 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
as the case may be, so as to protect the consumer against unfair trade practices ;
(iii) the right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices ;
(iv) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate fora ;
(v) the right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers ; and
(vi) the right to consumer awareness ;
(10) "defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods or product and the expression "defective" shall be construed accordingly ;
(11) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes—
(i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer ; and
(ii) deliberate withholding of relevant information by such
person to the consumer ;
(12) "design", in relation to a product, means the intended or known physical and material characteristics of such product and includes any intended or known formulation or content of such product and the usual result of the intended manufacturing or other process used to produce such product ;
(13) "direct selling" means marketing, distribution and sale of goods or provision of services through a network of sellers, other than through a permanent retail location ;
No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(14) "Director General" means the Director General appointed
under sub-section (2) of section 15 ;
(15) "District Commission" means a Distr ict Consumer
Disputes Redressal Commission established under sub-section (1) of section 28 ;
(16) "e-Commerce" means buying or selling of goods or services
including digital products over digital or electronic network ;
(17) "electronic service provider" means a person who provides
technologies or processes to enable a product seller to engage in advertising or selling goods or services to a consumer and includes
any online market place or online auction sites ;
(18) "endorsement", in relation to an advertisement, means—
(i) any message, verbal statement, demonstration ; or
(ii) depiction of the name, signature, likeness or other identifiable personal characteristics of an individual ; or
(iii) depiction of the name or seal of any institution or organisation, which makes the consumer to believe that it
reflects the opinion, finding or experience of the person
making such endorsement ;
(19) "establishment" includes an advertising agency, commission
agent, manufacturing, trading or any other commercial agency which carries on any business, trade or profession or any work in connection
with or incidental or ancillary to any commercial activity, trade or profession, or such other class or classes of persons including public
utility entities in the manner as may be prescribed ;
(20) "express warranty" means any material statement, affirmation of fact, promise or description relating to a product or service warranting
that it conforms to such material statement, affirmation, promise or description and includes any sample or model of a product warranting
that the whole of such product conforms to such sample or model ;
8 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(21) "goods" means every kind of movable property and includes "food" as defined in clause (j) of sub-section (1) of section 3 of the Food Safety and Standards Act, 2006 (34 of 2006) ;
(22) "harm", in relation to a product liability, includes—
(i) damage to any property, other than the product itself ;
(ii) personal injury, illness or death ;
(iii) mental agony or emotional distress attendant to personal
injury or illness or damage to property ; or
(iv) any loss of consortium or services or other loss resulting from a harm referred to in sub-clause (i) or sub-clause (ii) or sub-clause (iii), but shall not include any harm caused to a product itself or any damage to the property on account of breach of warranty conditions or any commercial or economic loss, including any dir ect, incidenta l or consequential loss relating thereto ;
(23) "injury" means any harm whatever illegally caused to any
person, in body, mind or property ;
(24) "manufacturer" means a person who—
(i) makes any goods or parts thereof ; or
(ii) assembles any goods or parts thereof made by others ; or
(iii) puts or causes to be put his own mark on any goods made
by any other person ;
(25) "mediation" means the process by which a mediator mediates
the consumer disputes ;
(26) "mediator" means a mediator referred to in section 75 ;
(27) "member" includes the President and a member of the National Commission or a State Commission or a District Commission, as the case may be ;
No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 9 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(28) "misleading advertisement" in relation to any product or
service, means an advertisement, which—
(i) falsely describes such product or service ; or
(ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service ; or
(iii) conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice ; or
(iv) deliberately conceals important information ;
(29) "National Commission" means the National Consumer Disputes Redressal Commission established under sub-section (1) of section 53 ;
(30) "notification" means a notification published in the Official
Gazette and the term "notify" shall be construed accordingly ;
(31) "person" includes—
(i) an individual ;
(ii) a firm whether registered or not ;
(iii) a Hindu undivided family ;
(iv) a co-operative society ;
(v) an association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not ;
(vi) any corporation, company or a body of individuals whether
incorporated or not ;
(vii) any artificial juridical person, not falling within any of the
preceding sub-clauses ;
(32) "prescribed" means prescribed by rules made by the Central
Government, or, as the case may be, the State Government ;
10 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(33) "product" means any article or goods or substance or raw material or any extended cycle of such product, which may be in gaseous, liquid, or solid state possessing intrinsic value which is capable of delivery either as wholly assembled or as a component part and is produced for introduction to trade or commerce, but does not include human tissues, blood, blood products and organs ;
(34) "product liability" means the responsibility of a product manufacturer or product seller, of any product or service, to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating thereto ;
(35) "product liability action" means a complaint filed by a person before a District Commission or State Commission or National Commission, as the case may be, for claiming compensation for the harm caused to him ;
(36) "product manufacturer" means a person who—
(i) makes any product or parts thereof ; or
(ii) assembles parts thereof made by others ; or
(iii) puts or causes to be put his own mark on any products
made by any other person ; or
(iv) makes a product and sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains such product or is otherwise involved in placing such product for commercial purpose ; or
(v) designs, produces, fabricates, constructs or re-manufactures
any product before its sale ; or
(vi) being a product seller of a product, is also a manufacturer
of such product ;
(37) "product seller", in relation to a product, means a person who, in the course of business, imports, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or otherwise is involved in placing such product for commercial purpose and includes—
(i) a manufacturer who is also a product seller ; or No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 11 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(ii) a service provider, but does not include—
(a) a seller of immovable property, unless such person is engaged in the sale of constructed house or in the construction of homes or flats ;
(b) a provider of professional services in any transaction in which, the sale or use of a product is only incidental thereto, but furnishing of opinion, skill or services being the essence of such transaction ;
(c) a person who—
(I) acts only in a financial capacity with respect to
the sale of the product ;
(II) is not a manufacturer, wholesaler, distributor, retailer, direct seller or an electronic service provider ;
(III) leases a product, without having a reasonable opportunity to inspect and discover defects in the product, under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor ;
(38) "product service provider", in relation to a product, means
a person who provides any service in respect of such product ;
(39) "regulations" means the regulations made by the National
Commission, or as the case may be, the Central Authority ;
(40) "Regulator" means a body or any authority established under
any other law for the time being in force ;
(41) "restrictive trade practice" means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include—
(i) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price ;
12 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(ii) any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as condition precedent for buying, hiring or availing of other goods or services ;
(42) "service" means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service ;
(43) "spurious goods" means such goods which are falsely claimed
to be genuine ;
(44) "State Commission" means a State Consumer Disputes Redr essal Commission esta blished under sub-section (1) of section 42 ;
(45) "trader", in relation to any goods, means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form, includes the packer thereof ;
(46) "unfair contract" means a contract between a manufacturer or trader or service provider on one hand, and a consumer on the other, having such terms which cause significant change in the rights of such consumer, including the following, namely :—
(i) requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations ; or
(ii) imposing any penalty on the consumer, for the breach of contract thereof which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract ; or
(iii) refusing to accept early repayment of debts on payment of
applicable penalty ; or No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 13 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(iv) entitling a party to the contract to terminate such contract
unilaterally, without reasonable cause ; or
(v) permitting or has the effect of permitting one party to assign the contract to the detriment of the other party who is a consumer, without his consent ; or
(vi) imposing on the consumer any unreasonable charge, obligation or condition which puts such consumer to disadvantage ;
(47) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely :—
(i) making any statement, whether orally or in writing or by visible representation including by means of electronic record, which—
(a) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model ;
(b) falsely represents that the services are of a particular
standard, quality or grade ;
(c) falsely represents any re-built, second hand, renovated,
reconditioned or old goods as new goods ;
(d) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have ;
(e) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have ;
(f) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services ;
14 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(g) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof :
Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence ;
(h) makes to the public a representation in a form that
purports to be—
(A) a warranty or guarantee of a product or of any
goods or services ; or
(B) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out ;
(i) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made ;
(j) gives false or misleading facts disparaging the goods,
services or trade of another person.
Explanation.—For the purposes of this sub-clause, a statement that
is,—
(A) expressed on an article offered or displayed for
sale, or on its wrapper or container ; or No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 15 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(B) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale ; or
(C) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public, shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained ;
(ii) permitting the publication of any advertisement, whether in any newspaper or otherwise, including by way of electronic record, for the sale or supply at a bargain price of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisement.
Explanation.—For the purpose of this sub-clause, "bargain price"
means,—
(A) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise ; or
(B) a price that a person who reads, hears or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold ;
(iii) permitting—
(a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged, in the transaction as a whole ;
16 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest, except such contest, lottery, game of chance or skill as may be prescribed ;
(c) withholding from the participants of any scheme offering gifts, prizes or other items free of charge on its closure, the information about final results of the scheme.
Explanation.—For the purpose of this sub-clause, the participants of a scheme shall be deemed to have been informed of the final results of the scheme where such results are within a reasonable time published, prominently in the same newspaper in which the scheme was originally advertised ;
(iv) permitting the sale or supply of goods intended to be used, or are of a kind likely to be used by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods ;
(v) permitting the hoarding or destruction of goods, or refusal to sell the goods or to make them available for sale or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services ;
(vi) manufacturing of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services ;
(vii) not issuing bill or cash memo or receipt for the goods sold or services rendered in such manner as may be prescribed ;
(viii) refusing, after selling goods or rendering services, to take back or withdraw defective goods or to withdraw or discontinue deficient services and to refund the No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 17 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
consideration thereof, if paid, within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of thirty days ;
(ix) disclosing to other person any personal information given in confidence by the consumer unless such disclosure is made in accordance with the provisions of any law for the time being in force.
CHAPTER II
Consumer Protection Councils
3. Central Consumer Protection Council.—(1) The Central Government shall, by notification, establish with effect from such date as it may specify in that notification, the Central Consumer Protection Council to be known as the Central Council.
(2) The Central Council shall be an advisory council and consist
of the following members, namely :—
(a) the Minister Incharge of the Department of Consumer Affairs in the Central Government, who shall be the Chairperson ; and
(b) such number of other official or non-official members
representing such interests as may be prescribed.
4. Procedure for meetings of Central Council.— (1) The Central Council shall meet as and when necessary, but at least one meeting of the Council shall be held every year.
(2) The Central Council shall meet at such time and place as the Chairperson may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed.
5. Objects of Central Council.—The objects of the Central Council shall be to render advice on promotion and protection of the consumers' rights under this Act.
6. State Consumer Protection Councils.—(1) Every State Government shall, by notification, establish with effect from such 18 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
date as it may specify in such notification, a State Consumer Protection
Council for such State to be known as the State Council.
(2) The State Council shall be an advisory council and consist of
the following members, namely :—
(a) the Minister Incharge of Consumer Affairs in the State
Government who shall be the Chairperson ;
(b) such number of other official or non-official members
representing such interests as may be prescribed ;
(c) such number of other official or non-official members, not
exceeding ten, as may be nominated by the Central
Government.
(3) The State Council shall meet as and when necessary but not
less than two meetings shall be held every year.
(4) The State Council shall meet at such time and place as the
Chairperson may think fit and shall observe such procedure in regard
to the transaction of its business, as may be prescribed.
7. Objects of State Council.—The objects of every State Council
shall be to render advice on promotion and protection of consumer
rights under this Act within the State.
8. District Consumer Protection Council.—(1) The State
Government shall, by notification, establish for every district with effect
from such date as it may specify in such notification, a District
Consumer Protection Council to be known as the District Council.
(2) The District Council shall be an advisory council and consist
of the following members, namely :—
(a) the Collector of the district (by whatever name called),
who shall be the Chairperson ; and
(b) such number of other official and non-official members
representing such interests as may be prescribed.
No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 19 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(3) The District Council shall meet as and when necessary but
not less than two meetings shall be held every year.
(4) The District Council shall meet at such time and place within the district as the Chairperson may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed.
9. Objects of District Council.—The objects of every District Council shall be to render advice on promotion and protection of consumer rights under this Act within the district.
CHAPTER III
Central Consumer Protection Authority
10. Establishment of Central Consumer Protection Authority.— (1) The Central Government shall, by notification, establish with effect from such date as it may specify in that notification, a Central Consumer Protection Authority to be known as the Central Authority to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class.
(2) The Central Authority shall consist of a Chief Commissioner and such number of other Commissioners as may be prescribed, to be appointed by the Central Government to exercise the powers and discharge the functions under this Act.
(3) The headquarters of the Central Authority shall be at such place in the National Capital Region of Delhi, and it shall have regional and other offices in any other place in India as the Central Government may decide.
11. Qualifications, method of recruitment, etc., of Chief Commissioner and Commissioners.—The Central Government may, by notification, make rules to provide for the qualifications for appointment, method of recruitment, procedure for appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of the service of the Chief Commissioner and Commissioners of the Central Authority.
20 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
12. Vacancy, etc., not to invalidate proceedings of Central Authority.—No act or proceeding of the Central Authority shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the
Central Authority ; or
(b) any defect in the appointment of a person acting as the
Chief Commissioner or as a Commissioner ; or
(c) any irregularity in the procedure of the Central Authority
not affecting the merits of the case.
13. Appointment of officers, experts, professionals and other
employees of Central Authority.—
(1) The Central Government shall provide the Central Authority such number of officers and other employees as it considers necessary for the efficient performance of its functions under this Act.
(2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Central Authority appointed under this Act shall be such as may be prescribed.
(3) The Central Authority may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and ability, who have special knowledge and experience in the areas of consumer rights and welfare, consumer policy, law, medicine, food safety, health, engineering, product safety, commerce, economics, public affairs or administration, as it deems necessary to assist it in the discharge of its functions under this Act.
14. Procedure of Central Authority.—(1) The Central Authority shall regulate the procedure for transaction of its business and allocation of its business amongst the Chief Commissioner and Commissioners as may be specified by regulations.
(2) The Chief Commissioner shall have the powers of general superintendence, direction and control in respect of all administrative matters of the Central Authority :
No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 21 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Provided that the Chief Commissioner may delegate such of his powers relating to administrative matters of the Central Authority, as he may think fit, to any Commissioner (including Commissioner of a regional office) or any other officer of the Central Authority.
15. Investigation Wing.—(1) The Central Authority shall have an Investigation Wing headed by a Director General for the purpose of conducting inquiry or investigation under this Act as may be directed by the Central Authority.
(2) The Central Government may appoint a Director-General and such number of Additional Director General, Director, Joint Director, Deputy Director and Assistant Director, from amongst persons who have experience in investigation and possess such qualifications, in such manner, as may be prescribed.
(3) Every Additional Director-General, Director, Joint Director, Deputy Director and Assistant Director shall exercise his powers, and discharge his functions, subject to the general control, supervision and direction of the Director-General.
(4) The Director-General may delegate all or any of his powers to the Additional Director-General or Director, Joint Director or Deputy Director or Assistant Director, as the case may be, while conducting inquiries or investigations under this Act.
(5) The inquiries or the investigations made by the Director- General shall be submitted to the Central Authority in such form, in such manner and within such time, as may be specified by regulations.
16. Power of District Collector.—The District Collector (by whatever name called) may, on a complaint or on a reference made to him by the Central Authority or the Commissioner of a regional office, inquire into or investigate complaints regarding violation of rights of consumers as a class, on matters relating to violations of consumer rights, unfair trade practices and false or misleading advertisements, within his jurisdiction and submit his report to the Central Authority or to the Commissioner of a regional office, as the case may be.
17. Complaints to authorities.—A complaint relating to violation of consumer rights or unfair trade practices or false or misleading advertisements which are prejudicial to the interests of consumers as 22 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
a class, may be forwarded either in writing or in electronic mode, to any one of the authorities, namely, the District Collector or the Commissioner of regional office or the Central Authority.
18. Powers and functions of Central Authority.—(1) The
Central Authority shall—
(a) protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers rights under this Act ;
(b) prevent unfair trade practices and ensure that no person
engages himself in unfair trade practices ;
(c) ensure that no false or misleading advertisement is made of any goods or services which contravenes the provisions of this Act or the rules or regulations made thereunder ;
(d) ensure that no person takes part in the publication of any
advertisement which is false or misleading.
(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Central Authority may, for any of the purposes aforesaid,—
(a) inquire or cause an inquiry or investigation to be made into violations of consumer rights or unfair trade practices, either suo motu or on a complaint received or on the directions from the Central Government ;
(b) file complaints before the District Commission, the State Commission or the National Commission, as the case may be, under this Act ;
(c) intervene in any proceedings before the District Commission or the State Commission or the National Commission, as the case may be, in respect of any allegation of violation of consumer rights or unfair trade practices ;
(d) review the matters relating to, and the factors inhibiting enjoyment of, consumer rights, including safeguards No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 23 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
provided for the protection of consumers under any other law for the time being in force and recommend appropriate remedial measures for their effective implementation ;
(e) recommend adoption of international covenants and best international practices on consumer rights to ensure effective enforcement of consumer rights ;
(f) undertake and promote research in the field of consumer
rights ;
(g) spread and promote awareness on consumer rights ;
(h) encourage non-Governmental organisations and other institutions working in the field of consumer rights to co- operate and work with consumer protection agencies ;
(i) mandate the use of unique and universal goods identifiers in such goods, as may be necessary, to prevent unfair trade practices and to protect consumers' interest ;
(j) issue safety notices to alert consumers against dangerous
or hazardous or unsafe goods or services ;
(k) advise the Ministries and Departments of the Central and State Governments on consumer welfare measures ;
(l) issue necessary guidelines to prevent unfair trade practices
and protect consumers' interest.
19. Power of Central Authority to refer matter for investigation or to other Regulator.—(1) The Central Authority may, after receiving any information or complaint or directions from the Central Government or of its own motion, conduct or cause to be conducted a preliminary inquiry as to whether there exists a prima facie case of violation of consumer rights or any unfair trade practice or any false or misleading advertisement, by any person, which is prejudicial to the public interest or to the interests of consumers and if it is satisfied that there exists a prima facie case, it shall cause investigation to be made by the Director-General or by the District Collector.
(2) Where, after preliminary inquiry, the Central Authority is of the opinion that the matter is to be dealt with by a Regulator established 24 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
under any other law for the time being in force, it may refer such matter to the concerned Regulator along with its report.
(3) For the purposes of investigation under sub-section (1), the Central Authority, the Director General or the District Collector may call upon a person referred to in sub-section (1) and also direct him to produce any document or record in his possession.
20. Power of Central Authority to recall goods, etc.—Where the Central Authority is satisfied on the basis of investigation that there is sufficient evidence to show violation of consumer rights or unfair trade practice by a person, it may pass such order as may be necessary, including—
(a) recalling of goods or withdrawal of services which are
dangerous, hazardous or unsafe ;
(b) reimbursement of the prices of goods or services so recalled
to purchasers of such goods or services ; and
(c) discontinuation of practices which are unfair and prejudicial
to consumers' interest :
Provided that the Central Authority shall give the person an opportunity of being heard before passing an order under this section.
21. Power of Central Authority to issue directions and penalties against false or misleading advertisements.—(1) Where the Central Authority is satisfied after investigation that any advertisement is false or misleading and is prejudicial to the interest of any consumer or is in contravention of consumer rights, it may, by order, issue directions to the concerned trader or manufacturer or endorser or advertiser or publisher, as the case may be, to discontinue such advertisement or to modify the same in such manner and within such time as may be specified in that order.
(2) Notwithstanding the order passed under sub-section (1), if the Central Authority is of the opinion that it is necessary to impose a penalty in respect of such false or misleading advertisement, by a manufacturer or an endorser, it may, by order, impose on manufacturer or endorser a penalty which may extend to ten lakh rupees :
No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 25 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Provided that the Central Authority may, for every subsequent contravention by a manufacturer or endorser, impose a penalty, which may extend to fifty lakh rupees.
(3) Notwithstanding any order under sub-sections (1) and (2), where the Central Authority deems it necessary, it may, by order, prohibit the endorser of a false or misleading advertisement from making endorsement of any product or service for a period which may extend to one year :
Provided that the Central Authority may, for every subsequent contravention, prohibit such endorser from making endorsement in respect of any product or service for a period, which may extend to three years.
(4) Where the Central Authority is satisfied after investigation that any person is found to publish, or is a party to the publication of, a misleading advertisement, it may impose on such person a penalty which may extend to ten lakh rupees.
(5) No endorser shall be liable to a penalty under sub-sections (2) and (3) if he has exercised due diligence to verify the veracity of the claims made in the advertisement regarding the product or service being endorsed by him.
(6) No person shall be liable to such penalty if he proves that he had published or arranged for the publication of such advertisement in the ordinary course of his business :
Provided that no such defence shall be available to such person if he had previous knowledge of the order passed by the Central Authority for withdrawal or modification of such advertisement.
(7) While determining the penalty under this section, regard shall
be had to the following, namely :—
(a) the population and the area impacted or affected by such
offence ;
(b) the frequency and duration of such offence ;
(c) the vulnerability of the class of persons likely to be
adversely affected by such offence ; and 26 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(d) the gross revenue from the sales effected by virtue of such
offence.
(8) The Central Authority shall give the person an opportunity of
being heard before an order under this section is passed.
22. Search and seizure.—(1) For the purpose of conducting an investigation after preliminary inquiry under sub-section (1) of section 19, the Director General or any other officer authorised by him in this behalf, or the District Collector, as the case may be, may, if he has any reason to believe that any person has violated any consumer rights or committed unfair trade practice or causes any false or misleading advertisement to be made, shall,—
(a) enter at any reasonable time into any such premises and search for any document or record or article or any other form of evidence and seize such document, record, article or such evidence ;
(b) make a note or an inventory of such record or article ; or
(c) require any person to produce any record, register or other
document or article.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to search and seizure shall apply, as far as may be, for search and seizure under this Act.
(3) Every document, record or article seized under clause (a) of sub-section (1) or produced under clause (c) of that sub-section shall be returned to the person, from whom they were seized or who produced the same, within a period of twenty days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken.
(4) Where any article seized under sub-section (1) are subject to speedy or natural decay, the Director-General or such other officer may dispose of the article in such manner as may be prescribed.
(5) In the case of articles other than the articles referred to in sub-section (4), provisions contained in clause (c) of sub-section (2) of section 38 shall mutatis mutandis apply in relation to analysis or tests.
No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 27 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
23. Designation of any statutory authority or body to
function as Central Authority.—The Central Government may, if it
considers necessary, by notification, designate any statutory authority
or body to exercise the powers and perform the functions of the
Central Authority referred to in section 10.
24. Appeal.—A person aggrieved by any order passed by the
Central Authority under sections 20 and 21 may file an appeal to the
National Commission within a period of thirty days from the date of
receipt of such order.
25. Grants by Central Government.—The Central Government
may, after due appropriation made by Parliament by law in this behalf,
make to the Central Authority grants of such sums of money as that
Government may think fit for being utilised for the purposes of this
Act.
26. Accounts and audit.—(1) The Central Authority shall
maintain proper accounts and other relevant records and prepare an
annual statement of accounts in such form and manner as may be
prescribed in consultation with the Comptroller and Auditor-General of
India.
(2) The accounts of the Central Authority shall be audited by the
Comptroller and Auditor-General of India at such intervals as may be
specified by him and any expenditure incurred in connection with such
audit shall be payable by the Central Authority to the Comptroller and
Auditor-General of India.
(3) The Comptroller and Auditor-General of India or any other
person appointed by him in connection with the audit of the accounts
of the Central Authority shall have the same rights, privileges and
authority in connection with such audit as the Comptroller and Auditor-
General of India generally has, in connection with the audit of the
Government accounts and, in particular, shall have the right to demand
the production of books, accounts, connected vouchers and other
documents and papers and to inspect any of the offices of the Central
Authority.
28 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(4) The accounts of the Central Authority 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 which shall cause the same to be laid before each House of Parliament.
27. Furnishing of annual reports, etc.—(1) The Central Authority shall prepare once in every year, in such form, manner and at such time as may be prescribed, an annual report giving full account of its activities during the previous year and such other reports and returns, as may be directed, and copies of such report and returns shall be forwarded to the Central Government.
(2) A copy of the annual report received under sub-section (1) shall be laid, as soon as may be after it is received, before each House of Parliament.
CHAPTER IV
Consumer Disputes Redressal Commission
28. Establishment of District Consumer Disputes Redressal Commission.—(1) The State Government shall, by notification, establish a District Consumer Disputes Redressal Commission, to be known as the District Commission, in each district of the State :
Provided that the State Government may, if it deems fit, establish
more than one District Commission in a district.
(2) Each District Commission shall consist of—
(a) a President ; and
(b) not less than two and not more than such number of members as may be prescribed, in consultation with the Central Government.
29. Qualifications, etc., of President and members of District Commission.—The Central Government may, by notification, make rules to provide for the qualifications, method of recruitment, procedure for appointment, term of office, resignation and removal of the President and members of the District Commission.
No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 29 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
30. Salaries, allowances and other terms and conditions of
service of President and members of District Commission.—The
State Government may, by notification, make rules to provide for salaries
and allowances and other terms and conditions of service of the
President, and members of the District Commission.
31. Transitional provision.—Any person appointed as President
or, as the case may be, a member of the District Commission immediately
before the commencement of this Act shall hold office as such as
President or, as the case may be, as member till the completion of his
term for which he has been appointed.
32. Vacancy in office of member of District Commission.—If,
at any time, there is a vacancy in the office of the President or
member of a District Commission, the State Government may, by
notification, direct—
(a) any other District Commission specified in that notification
to exercise the jurisdiction in respect of that district also ;
or
(b) the President or a member of any other District Commission
specified in that notification to exercise the powers and
discharge the functions of the President or member of that
District Commission also.
33. Officers and other employees of District Commission.—
(1) The State Government shall provide the District Commission with
such officers and other employees as may be required to assist the
District Commission in the discharge of its functions.
(2) The officers and other employees of the District Commission
shall discharge their functions under the general superintendence of
the President of the District Commission.
(3) The salaries and allowances payable to, and the other terms
and conditions of service of, the officers and other employees of the
District Commission shall be such as may be prescribed.
30 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
34. Jurisdiction of District Commission.—(1) Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees :
Provided that where the Central Government deems it necessary
so to do, it may prescribe such other value, as it deems fit.
(2) A complaint shall be instituted in a District Commission within
the local limits of whose jurisdiction,—
(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, ordinarily resides or carries on business or has a branch office or personally works for gain ; or
(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the District Commission is given ; or
(c) the cause of action, wholly or in part, arises ; or
(d) the complainant resides or personally works for gain.
(3) The District Commission shall ordinarily function in the district headquarters and may perform its functions at such other place in the district, as the State Government may, in consultation with the State Commission, notify in the Official Gazette from time to time.
35. Manner in which complaint shall be made.—(1) A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission by—
(a) the consumer,—
(i) to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided ; or No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 31 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(ii) who alleges unfair trade practice in respect of such
goods or service ;
(b) any recognised consumer association, whether the consumer
to whom such goods are sold or delivered or agreed to be
sold or delivered or such service is provided or agreed to
be provided, or who alleges unfair trade practice in respect
of such goods or service, is a member of such association
or not ;
(c) one or more consumers, where there are numerous
consumers having the same interest, with the permission of
the District Commission, on behalf of, or for the benefit of,
all consumers so interested ; or
(d) the Central Government, the Central Authority or the State
Government, as the case may be :
Provided that the complaint under this sub-section may be
filed electronically in such manner as may be prescribed.
Explanation.—For the purposes of this sub-section, "recognised
consumer association" means any voluntary consumer
association registered under any law for the time being
in force.
(2) Every complaint filed under sub-section (1) shall be
accompanied with such fee and payable in such manner, including
electronic form, as may be prescribed.
36. Proceedings before District Commission.—(1) Every
proceeding before the District Commission shall be conducted by the
President of that Commission and atleast one member thereof, sitting
together :
Provided that where a member, for any reason, is unable to
conduct a proceeding till it is completed, the President and the other
member shall continue the proceeding from the stage at which it was
last heard by the previous member.
32 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(2) On receipt of a complaint made under section 35, the District Commission may, by order, admit the complaint for being proceeded with or reject the same :
Provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant :
Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was filed.
(3) Where the District Commission does not decide the issue of admissibility of the complaint within the period so specified, it shall be deemed to have been admitted.
37. Reference to mediation.—(1) At the first hearing of the complaint after its admission, or at any later stage, if it appears to the District Commission that there exists elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation in accordance with the provisions of Chapter V.
(2) Where the parties agree for settlement by mediation and give their consent in writing, the District Commission shall, within five days of receipt of such consent, refer the matter for mediation, and in such case, the provisions of Chapter V, relating to mediation, shall apply.
38. Procedure on admission of complaint.—(1) The District Commission shall, on admission of a complaint, or in respect of cases referred for mediation on failure of settlement by mediation, proceed with such complaint.
(2) Where the complaint relates to any goods, the District
Commission shall,—
(a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by it ;
(b) if the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 33 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
action to represent his case within the time given by the District Commission, proceed to settle the consumer dispute in the manner specified in clauses (c) to (g) ;
(c) if the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, obtain a sample of the goods from the complainant, seal it and authenticate it in the manner as may be prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory to make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Commission within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by it ;
(d) before any sample of the goods is referred to any appropriate laboratory under clause (c), require the complainant to deposit to the credit of the Commission such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question ;
(e) remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, it shall forward a copy of the report along with such remarks as it may feel appropriate to the opposite party ;
(f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, require the opposite party or the complainant to submit in writing his objections with regard to the report made by the appropriate laboratory ;
(g) give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or 34 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
other wise of the repor t made by the appropr iate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 39.
(3) The District Commission shall, if the complaint admitted by it under sub-section (2) of section 36 relates to goods in respect of which the procedure specified in sub-section (2) cannot be followed, or if the complaint relates to any services,—
(a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Commission ;
(b) if the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Commission, it shall proceed to settle the consumer dispute—
(i) on the basis of evidence brought to its notice by the complainant and the opposite party, if the opposite party denies or disputes the allegations contained in the complaint, or
(ii) ex parte on the basis of evidence brought to its notice by the complainant, where the opposite party omits or fails to take any action to represent his case within the time given by the Commission ;
(c) decide the complaint on merits if the complainant fails to
appear on the date of hearing.
(4) For the purposes of sub-sections (2) and (3), the District Commission may, by order, require an electronic service provider to provide such information, documents or records, as may be specified in that order.
(5) No proceedings complying with the procedure laid down in sub-sections (1) and (2) shall be called in question in any court No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 35 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
on the ground that the principles of natural justice have not been complied with.
(6) Every complaint shall be heard by the District Commission on
the basis of affidavit and documentary evidence placed on record :
Provided that where an application is made for hearing or for examination of parties in person or through video conferencing, the District Commission may, on sufficient cause being shown, and after recording its reasons in writing, allow the same.
(7) Every complaint shall be disposed of as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities :
Provided that no adjournment shall ordinarily be granted by the District Commission unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Commission :
Provided further that the District Commission shall make such orders as to the costs occasioned by the adjournment as may be specified by regulations :
Provided also that in the event of a complaint being disposed of after the period so specified, the District Commission shall record in writing, the reasons for the same at the time of disposing of the said complaint.
(8) Where during the pendency of any proceeding before the District Commission, if it appears necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case.
(9) For the purposes of this section, the District Commission shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely :—
(a) the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath ;
36 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(b) requiring the discovery and production of any document or
other material object as evidence ;
(c) receiving of evidence on affidavits ;
(d) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source ;
(e) issuing of commissions for the examination of any witness,
or document ; and
(f) any other matter which may be prescribed by the Central
Government.
(10) Every proceeding before the District Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 (45 of 1860) of the Indian Penal Code, and the District Commission shall be deemed to be a criminal court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
(11) Where the complainant is a consumer referred to in sub- clause (v) of clause (5) of section 2, the provisions of Order I Rule 8 of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the District Commission thereon.
(12) In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be.
39. Findings of District Commission.—(1) Where the District Commission is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices, or claims for compensation under product liability are proved, No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 37 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
it shall issue an order to the opposite party directing him to do one or more of the following, namely :—
(a) to remove the defect pointed out by the appropriate
laboratory from the goods in question ;
(b) to replace the goods with new goods of similar description
which shall be free from any defect ;
(c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant along with such interest on such price or charges as may be decided ;
(d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party :
Provided that the District Commission shall have the power to grant punitive damages in such circumstances as it deems fit ;
(e) to pay such amount as may be awarded by it as compensation in a pr oduct liability action under Chapter VI ;
(f) to remove the defects in goods or deficiencies in the services
in question ;
(g) to discontinue the unfair trade practice or restrictive trade
practice and not to repeat them ;
(h) not to offer the hazardous or unsafe goods for sale ;
(i) to withdraw the hazardous goods from being offered for
sale ;
(j) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature ;
(k) to pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently :
Provided that the minimum amount of sum so payable shall not be less than twenty-five per cent of the value of such 38 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
defective goods sold or service provided, as the case may be, to such consumers ;
(l) to issue corrective advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement ;
(m) to provide for adequate costs to parties ; and
(n) to cease and desist from issuing any mislea ding
advertisement.
(2) Any amount obtained under sub-section (1) shall be credited
to such fund and utilised in such manner as may be prescribed.
(3) In any proceeding conducted by the President and a member and if they differ on any point or points, they shall state the point or points on which they differ and refer the same to another member for hearing on such point or points and the opinion of the majority shall be the order of the District Commission :
Provided that the other member shall give his opinion on such point or points referred to him within a period of one month from the date of such reference.
(4) Every order made by the District Commission under sub-section (1) shall be signed by the President and the member who conducted the proceeding :
Provided that where the order is made as per majority opinion under sub-section (3), such order shall also be signed by the other member.
40. Review by District Commission in certain cases.—The District Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.
41. Appeal against order of District Commission.—Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 39 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
facts or law within a period of forty-five days from the date of the order, in such form and manner, as may be prescribed :
Provided that the State Commission may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that there was sufficient cause for not filing it within that period :
Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the appellant has deposited fifty per cent of that amount in the manner as may be prescribed :
Provided also that no appeal shall lie from any order passed under sub-section (1) of section 81 by the District Commission pursuant to a settlement by mediation under section 80.
42. Establishment of State Consumer Disputes Redressal Commission.—(1) The State Government shall, by notification, establish a State Consumer Disputes Redressal Commission, to be known as the State Commission, in the State.
(2) The State Commission shall ordinarily function at the State capital and perform its functions at such other places as the State Government may in consultation with the State Commission notify in the Official Gazette :
Provided that the State Government may, by notification, establish regional benches of the State Commission, at such places, as it deems fit.
(3) Each State Commission shall consist of—
(a) a President ; and
(b) not less than four or not more than such number of members as may be prescribed in consultation with the Central Government.
43. Qualifications, etc., of President and members of State Commission.—The Central Government may, by notification, make rules to provide for the qualification for appointment, method of 40 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission.
44. Salaries, allowances and other terms and conditions of service of President and members of State Commission.—The State Government may, by notification, make rules to provide for salaries and allowances and other terms and conditions of service of the President and members of the State Commission.
45. Transitional provision.—Any person appointed as President or, as the case may be, a member of the State Commission immediately before the commencement of this Act shall hold office as such, as President or member, as the case may be, till the completion of his term.
46. Officers and employees of State Commission.—(1) The State Government shall determine the nature and categories of the officers and other employees required to assist the State Commission in the discharge of its functions and provide the Commission with such officers and other employees as it may think fit.
(2) The officers and other employees of the State Commission shall discharge their functions under the general superintendence of the President.
(3) The salaries and allowances payable to and the other terms and conditions of service of, the officers and other employees of the State Commission shall be such as may be prescribed.
47. Jurisdiction of State Commission.—(1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction—
(a) to entertain—
(i) complaints where the value of the goods or services paid as consideration, exceeds rupees one crore, but does not exceed rupees ten crore :
Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit ;
No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 41 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(ii) complaints against unfair contracts, where the value of goods or services paid as consideration does not exceed ten crore rupees ;
(iii) appeals against the orders of any District Commission
within the State ; and
(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Commission within the State, where it appears to the State Commission that such District Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity.
(2) The jurisdiction, powers and authority of the State Commission may be exercised by Benches thereof, and a Bench may be constituted by the President with one or more members as the President may deem fit :
Provided that the senior-most member shall preside over the
Bench.
(3) Where the members of a Bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the President who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it :
Provided that the President or the other members, as the case may be, shall give opinion on the point or points so referred within a period of one month from the date of such reference.
(4) A complaint shall be instituted in a State Commission within
the limits of whose jurisdiction,—
(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the 42 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
complaint, ordinarily resides or carries on business or has a branch office or personally works for gain ; or
(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided in such case, the permission of the State Commission is given ; or
(c) the cause of action, wholly or in part, arises ; or
(d) the complainant resides or personally works for gain.
48. Transfer of cases.—On the application of the complainant or of its own motion, the State Commission may, at any stage of the proceeding, transfer any complaint pending before a District Commission to another District Commission within the State if the interest of justice so requires.
49. Procedure applicable to State Commission.—(1) The provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be necessary, be applicable to the disposal of complaints by the State Commission.
(2) Without prejudice to the provisions of sub-section (1), the State Commission may also declare any terms of contract, which is unfair to any consumer, to be null and void.
50. Review by State Commission in certain cases.—The State Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.
51. Appeal to National Commission.—(1) Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 47 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed :
Provided that the National Commission shall not entertain the appeal after the expiry of the said period of thirty days unless it is satisfied that there was sufficient cause for not filing it within that period :
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Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited fifty per cent of that amount in the manner as may be prescribed.
(2) Save as otherwise expressly provided under this Act or by any other law for the time being in force, an appeal shall lie to the National Commission from any order passed in appeal by any State Commission, if the National Commission is satisfied that the case involves a substantial question of law.
(3) In an appeal involving a question of law, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.
(4) Where the National Commission is satisfied that a substantial question of law is involved in any case, it shall formulate that question and hear the appeal on that question :
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the National Commission to hear, for reasons to be recorded in writing, the appeal on any other substantial question of law, if it is satisfied that the case involves such question of law.
(5) An appeal may lie to the National Commission under this
section from an order passed ex parte by the State Commission.
52. Hearing of appeal.—An appeal filed before the State Commission or the National Commission, as the case may be, shall be heard as expeditiously as possible and every endeavour shall be made to dispose of the appeal within a period of ninety days from the date of its admission :
Provided that no adjournment shall ordinarily be granted by the State Commission or the National Commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such Commission :
Provided further that the State Commission or the National Commission, as the case may be, shall make such orders as to the 44 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
costs occasioned by the adjournment, as may be specified by
regulations :
Provided also that in the event of an appeal being disposed of
after the period so specified, the State Commission or the National
Commission, as the case may be, shall record in writing the reasons
for the same at the time of disposing of the said appeal.
53. Establishment of National Consumer Disputes Redressal
Commission.—(1) The Central Government shall, by notification,
establish a National Consumer Disputes Redressal Commission, to be
known as the National Commission.
(2) The National Commission shall ordinarily function at the
National Capital Region and perform its functions at such other places
as the Central Government may in consultation with the National
Commission notify in the Official Gazette :
Provided that the Central Government may, by notification, establish
regional Benches of the National Commission, at such places, as it
deems fit.
54. Composition of National Commission.—The National
Commission shall consist of—
(a) a President ; and
(b) not less than four and not more than such number of
members as may be prescribed.
55. Qualifications, etc., of President and members of National
Commission.—(1) The Central Government may, by notification, make
rules to provide for qualifications, appointment, term of office, salaries
and allowances, resignation, removal and other terms and conditions of
service of the President and members of the National Commission :
Provided that the President and members of the National
Commission shall hold office for such term as specified in the rules
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the date on which he enters upon his office and shall be eligible for re- appointment :
Provided further that no President or members shall hold office as such after he has attained such age as specified in the rules made by the Central Government which shall not exceed,—
(a) in the case of the President, the age of seventy years ;
(b) in the case of any other member, the age of sixty-seven
years.
(2) Neither the salary and allowances nor the other terms and conditions of service of President and members of the National Commission shall be varied to his disadvantage after his appointment.
56. Transitional provision.—The President and every other member appointed immediately before the commencement of section 177 of the Finance Act, 2017 (7 of 2017) shall continue to be governed by the provisions of the Consumer Protection Act, 1986 (68 of 1986) and the rules made thereunder as if this Act had not come into force.
57. Other officers and employees of National Commission.— (1) The Central Government shall provide, in consultation with the President of the National Commission, such number of officers and other employees to assist the National Commission in the discharge of its functions as it may think fit.
(2) The officers and other employees of the National Commission shall discharge their functions under the general superintendence of the President of the National Commission.
(3) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the National Commission shall be such as may be prescribed.
58. Jurisdiction of National Commission.—(1) Subject to the other provisions of this Act, the National Commission shall have jurisdiction—
(a) to entertain—
(i) complaints where the value of the goods or services paid as consideration exceeds rupees ten crore :
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Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit ;
(ii) complaints against unfair contracts, where the value of goods or services paid as consideration exceeds ten crore rupees ;
(iii) appeals against the orders of any State Commission ;
(iv) appeals against the orders of the Central Authority ; and
(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.
(2) The jurisdiction, powers and authority of the National Commission may be exercised by Benches thereof and a Bench may be constituted by the President with one or more members as he may deem fit :
Provided that the senior-most member of the Bench shall preside
over the Bench.
(3) Where the members of a Bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the President who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it :
Provided that the President or the other member, as the case may be, shall give opinion on the point or points so referred within a period of two months from the date of such reference.
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59. Procedure applicable to National Commission.—(1) The provisions relating to complaints under sections 35, 36, 37, 38 and 39 shall, with such modifications as may be considered necessary, be applicable to the disposal of complaints by the National Commission.
(2) Without prejudice to sub-section (1), the National Commission may also declare any terms of contract, which is unfair to any consumer to be null and void.
60. Review by National Commission in certain cases.—The National Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.
61. Power to set aside ex parte orders.—Where an order is passed by the National Commission ex parte, the aggrieved party may make an application to the Commission for setting aside such order.
62. Transfer of cases.—On the application of the complainant or of its own motion, the National Commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the District Commission of one State to a District Commission of another State or before one State Commission to another State Commission.
63. Vacancy in office of President of National Commission.— When the office of President of the National Commission is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the senior-most member of the National Commission :
Provided that where a retired Judge of a High Court or a person who has been a Judicial Member is a member of the National Commission, such member or where the number of such members is more than one, the senior-most person amongst such members, shall preside over the National Commission in the absence of President of that Commission.
64. Vacancies or defects in appointment not to invalidate orders.—No act or proceeding of the District Commission, the State Commission or the National Commission shall be invalid by reason 48 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
only of the existence of any vacancy amongst its members or any defect in the constitution thereof.
65. Service of notice, etc.—(1) All notices, required by this Act to be served, shall be served by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service, approved by the District Commission, the State Commission or the National Commission, as the case may be, or by any other mode of transmission of documents including electronic means.
(2) Without prejudice to the provisions contained in sub-section (1), the notice required by this Act may be served on an electronic service provider at the address provided by it on the electronic platform from where it provides its services as such and for this purpose, the electronic service provider shall designate a nodal officer to accept and process such notices.
(3) When an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or, as the case may be, by the complainant is received by the District Commission, the State Commission or the National Commission, as the case may be, or postal article containing the notice is received back by such District Commission, State Commission or the National Commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-section (1) when tendered or transmitted to him, the District Commission or the State Commission or the National Commission, as the case may be, shall declare that the notice has been duly served on the opposite party or to the complainant, as the case may be :
Provided that where the notice was properly addressed, pre-paid and duly sent by registered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or misplaced, or for any other reason, has not been received by the District Commission, the State Commission or the National Commission, as the case may be, within thirty days from the date of issue of notice.
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(4) All notices required to be served on an opposite party or to complainant, as the case may be, shall be deemed to be sufficiently served, if addressed in the case of the opposite party, to the place where business or profession is carried on, and in case of the complainant, the place where such person actually and voluntarily resides.
66. Experts to assist National Commission or State Commission.—Wher e the National Commission or the State Commission, as the case may be, on an application by a complainant or otherwise, is of the opinion that it involves the larger interest of consumers, it may direct any individual or organisation or expert to assist the National Commission or the State Commission, as the case may be.
67. Appeal against order of National Commission.—Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) or (ii) of clause (a) of sub-section (1) of section 58, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order :
Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period :
Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited fifty per cent of that amount in the manner as may be prescribed.
68. Finality of orders.—Every order of a District Commission or the State Commission or the National Commission, as the case may be, shall, if no appeal has been preferred against such order under the provisions of this Act, be final.
69. Limitation period.—(1) The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
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(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period :
Provided that no such complaint shall be entertained unless the District Commission or the State Commission or the National Commission, as the case may be, records its reasons for condoning such delay.
70. Administrative control.—(1) The National Commission shall have the authority to lay down such adequate standards in consultation with the Central Government from time to time, for better protection of the interests of consumers and for that purpose, shall have administrative control over all the State Commissions in the following matters, namely :—
(a) monitoring performance of the State Commissions in terms of their disposal by calling for periodical returns regarding the institution, disposal and pendency of cases ;
(b) investigating into any allegations against the President and members of a State Commission and submitting inquiry report to the State Government concerned along with copy endorsed to the Central Government for necessary action ;
(c) issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of english translation of judgments written in any language, speedy grant of copies of documents ;
(d) overseeing the functioning of the State Commission or the District Commission either by way of inspection or by any other means, as the National Commission may like to order from time to time, to ensure that the objects and purposes of the Act are best served and the standards set by the National Commission are implemented without interfering with their quasi-judicial freedom.
(2) There shall be a monitoring cell to be constituted by the President of the National Commission to oversee the functioning of the State Commissions from the administrative point of view.
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(3) The State Commission shall have administrative control over all the District Commissions within its jurisdiction in all matters referred to in sub-section (1).
(4) The National Commission and the State Commissions shall furnish to the Central Government periodically or as and when required, any information including the pendency of cases in such form and manner as may be prescribed.
(5) The State Commission shall furnish, periodically or as and when required to the State Government any information including pendency of cases in such form and manner as may be prescribed.
7 1 . Enforcement of orders of District Commission, State Commission and National Commission.—Every order made by a District Commission, State Commission or the National Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall, as far as may be, applicable, subject to the modification that every reference therein to the decree shall be construed as reference to the order made under this Act.
72. Penalty for non-compliance of order.—(1) Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Commission, the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of First Class for the trial of offences under sub-section (1), and on conferment of such powers, the District Commission or the State Commission or the National Commission, as the case may be, shall be deemed to be a Judicial Magistrate of First Class for the purposes of the Code of Criminal Procedure, 1973.
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(3) Save as otherwise provided, the offences under sub-section (1) shall be tried summarily by the District Commission or the State Commission or the National Commission, as the case may be.
7 3 . Appeal against order passed under section 72.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), where an order is passed under sub-section (1) of section 72, an appeal shall lie, both on facts and on law from—
(a) the order made by the District Commission to the State
Commission ;
(b) the order made by the State Commission to the National
Commission ; and
(c) the order made by the National Commission to the Supreme
Court.
(2) Except as provided in sub-section (1), no appeal shall lie before any court, from any order of a District Commission or a State Commission or the National Commission, as the case may be.
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of order of a District Commission or a State Commission or the National Commission, as the case may be :
Provided that the State Commission or the National Commission or the Supreme Court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period of thirty days.
CHAPTER V
Mediation
74. Establishment of consumer mediation cell.—(1) The State Government shall establish, by notification, a consumer mediation cell to be attached to each of the District Commissions and the State Commissions of that State.
(2) The Central Government shall establish, by notification, a consumer mediation cell to be attached to the National Commission and each of the Regional Benches.
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(3) A consumer mediation cell shall consist of such persons as
may be prescribed.
(4) Every consumer mediation cell shall maintain—
(a) a list of empanelled mediators ;
(b) a list of cases handled by the cell ;
(c) record of proceeding ; and
(d) any other information as may be specified by regulations.
(5) Every consumer mediation cell shall submit a quarterly report to the District Commission, State Commission or the National Commission to which it is attached, in the manner specified by regulations.
75. Empanelment of mediators.—(1) For the purpose of mediation, the National Commission or the State Commission or the District Commission, as the case may be, shall prepare a panel of the mediators to be maintained by the consumer mediation cell attached to it, on the recommendation of a selection committee consisting of the President and a member of that Commission.
(2) The qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empanelled mediator, the terms and conditions for empanelment, the code of conduct for empanelled mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and other matters relating thereto, shall be such as may be specified by regulations.
(3) The panel of mediators prepared under sub-section (1) shall be valid for a period of five years, and the empanelled mediators shall be eligible to be considered for re-empanelment for another term, subject to such conditions as may be specified by regulations.
76. Nomination of mediators from the panel.—The District Commission, the State Commission or the National Commission shall, while nominating any person from the panel of mediators referred to in section 75, consider his suitability for resolving the consumer dispute involved.
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77. Duty of mediator to disclose certain facts.—It shall be
the duty of the mediator to disclose—
(a) any personal, professional or financial interest in the outcome
of the consumer dispute ;
(b) the circumstances which may give rise to a justifiable doubt
as to his independence or impartiality ; and
(c) such other facts as may be specified by regulations.
78. Replacement of mediator in certain cases.—Where the District Commission or the State Commission or the National Commission, as the case may be, is satisfied, on the information furnished by the mediator or on the information received from any other person including parties to the complaint and after hearing the mediator, it shall replace such mediator by another mediator.
79. Procedure for mediation.—(1) The mediation shall be held in the consumer mediation cell attached to the District Commission, the State Commission or the National Commission, as the case may be.
(2) Where a consumer dispute is referred for mediation by the District Commission or the State Commission or the National Commission, as the case may be, the mediator nominated by such Commission shall have regard to the rights and obligations of the parties, the usages of trade, if any, the circumstances giving rise to the consumer dispute and such other relevant factors, as he may deem necessary and shall be guided by the principles of natural justice while carrying out mediation.
(3) The mediator so nominated shall conduct mediation within
such time and in such manner as may be specified by regulations.
80. Settlement through mediation.—(1) Pursuant to mediation, if an agreement is reached between the parties with respect to all of the issues involved in the consumer dispute or with respect to only some of the issues, the terms of such agreement shall be reduced to writing accordingly, and signed by the parties to such dispute or their authorised representatives.
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(2) The mediator shall prepare a settlement report of the settlement and forward the signed agreement along with such report to the concerned Commission.
(3) Where no agreement is reached between the parties within
the specified time or the mediator is of the opinion that settlement is not possible, he shall prepare his report accordingly and submit the same to the concerned Commission.
8 1 . Recording settlement and passing of order.—(1) The District Commission or the State Commission or the National Commission, as the case may be, shall, within seven days of the
receipt of the settlement report, pass suitable order recording such settlement of consumer dispute and dispose of the matter accordingly.
(2) Where the consumer dispute is settled only in part, the District Commission or the State Commission or the National Commission, as the case may be, shall record settlement of the issues which have been so settled and continue to hear other issues involved in such consumer
dispute.
(3) Where the consumer dispute could not be settled by mediation, the District Commission or the State Commission or the National Commission, as the case may be, shall continue to hear all the issues involved in such consumer dispute.
CHAPTER VI
Product Liability
82. Application of Chapter.—This Chapter shall apply to every claim for compensation under a product liability action by a complainant for any harm caused by a defective product manufactured by a product manufacturer or serviced by a product service provider or sold by a
product seller.
83. Product liability action.—A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product.
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84. Liability of product manufacturer.—(1) A product
manufacturer shall be liable in a product liability action, if—
(a) the product contains a manufacturing defect ; or
(b) the product is defective in design ; or
(c) there is a deviation from manufacturing specifications ; or
(d) the product does not conform to the express warranty ; or
(e) the product fails to contain adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage.
(2) A product manufacturer shall be liable in a product liability action even if he proves that he was not negligent or fraudulent in making the express warranty of a product.
85. Liability of product service provider.—A product service
provider shall be liable in a product liability action, if—
(a) the service provided by him was faulty or imperfect or deficient or inadequate in quality, nature or manner of performance which is required to be provided by or under any law for the time being in force, or pursuant to any contract or otherwise ; or
(b) there was an act of omission or commission or negligence or conscious withholding any information which caused harm ; or
(c) the service provider did not issue adequate instructions or
warnings to prevent any harm ; or
(d) the service did not conform to express warranty or the
terms and conditions of the contract.
86. Liability of product sellers.—A product seller who is not a product manufacturer shall be liable in a product liability action, if—
(a) he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm ; or No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 57 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
(b) he has altered or modified the product and such alteration or modification was the substantial factor in causing the harm ; or
(c) he has made an express warranty of a product independent of any express warranty made by a manufacturer and such product failed to conform to the express warranty made by the product seller which caused the harm ; or
(d) the product has been sold by him and the identity of product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on him or he is not subject to the law which is in force in India or the order, if any, passed or to be passed cannot be enforced against him ; or
(e) he failed to exercise reasonable care in assembling, inspecting or maintaining such product or he did not pass on the warnings or instructions of the product manufacturer regarding the dangers involved or proper usage of the product while selling such product and such failure was the proximate cause of the harm.
87. Exceptions to product liability action.—(1) A product liability action cannot be brought against the product seller if, at the time of harm, the product was misused, altered, or modified.
(2) In any product liability action based on the failure to provide adequate warnings or instructions, the product manufacturer shall not be liable, if—
(a) the product was purchased by an employer for use at the workplace and the product manufacturer had provided warnings or instructions to such employer ;
(b) the product was sold as a component or material to be used in another product and necessary warnings or instructions were given by the product manufacturer to the purchaser of such component or material, but the harm was caused to the complainant by use of the end product in which such component or material was used ;
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(c) the product was one which was legally meant to be used or dispensed only by or under the supervision of an expert or a class of experts and the product manufacturer had employed reasonable means to give the warnings or instructions for usage of such product to such expert or class of experts ; or
(d) the complainant, while using such product, was under the influence of alcohol or any prescription drug which had not been prescribed by a medical practitioner.
(3) A product manufacturer shall not be liable for failure to instruct or warn about a danger which is obvious or commonly known to the user or consumer of such product or which, such user or consumer, ought to have known, taking into account the characteristics of such product.
CHAPTER VII
Offences and Penalties
88. Penalty for non-compliance of direction of Central Authority.—Whoever, fails to comply with any direction of the Central Authority under sections 20 and 21, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to twenty lakh rupees, or with both.
89. Punishment for false or misleading advertisement.—Any manufacturer or service provider who causes a false or misleading advertisement to be made which is prejudicial to the interest of consumers shall be punished with imprisonment for a term which may extend to two years and with fine which may extend to ten lakh rupees ; and for every subsequent offence, be punished with imprisonment for a term which may extend to five years and with fine which may extend to fifty lakh rupees.
90. Punishment for manufacturing for sale or storing, selling or distributing or importing products containing adulterant.—(1) Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any product containing an adulterant shall be punished, if such act—
(a) does not result in any injury to the consumer, with imprisonment for a term which may extend to six months and with fine which may extend to one lakh rupees ;
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(b) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees ;
(c) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees ; and
(d) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees.
(2) The offences under clauses (c) and (d) of sub-section (1)
shall be cognizable and non-bailable.
(3) Notwithstanding the punishment under sub-section (1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub-section, under any law for the time being in force, for a period up to two years, and in case of second or subsequent conviction, cancel the licence.
Explanation.—For the purposes of this section,—
(a) "adulterant" means any material including extraneous matter which is employed or used for making a product unsafe ;
(b) "grievous hurt" shall have the same meaning as assigned to it in section 320 of the Indian Penal Code (45 of 1860).
91. Punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods.—(1) Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any spurious goods shall be punished, if such act—
(a) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees ;
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(b) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees ;
(c) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees.
(2) The offences under clauses (b) and (c) of sub-section (1)
shall be cognizable and non-bailable.
(3) Notwithstanding the punishment under sub-section (1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub-section, under any law for the time being in force, for a period up to two years, and in case of second or subsequent conviction, cancel the licence.
92. Cognizance of offence by court.—No cognizance shall be taken by a competent court of any offence under sections 88 and 89 except on a complaint filed by the Central Authority or any officer authorised by it in this behalf.
93. Vexatious search.—The Director General or any other officer, exercising powers under section 22, who knows that there are no reasonable grounds for so doing, and yet—
(a) searches, or causes to be searched any premises ; or
(b) seizes any record, register or other document or article, shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both.
CHAPTER VIII
Miscellaneous
94. Measures to prevent unfair trade practices in e- commerce, direct selling, etc.—For the purposes of preventing unfair trade practices in e-commerce, direct selling and also to protect the No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 61 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
interest and rights of consumers, the Central Government may take such measures in the manner as may be prescribed.
9 5 . Presidents, members, Chief Commissioner, Commissioner and certain officers to be public servants.—The Presidents and members of the District Commission, the State Commission and the National Commission, and officers and other employees thereof, the Chief Commissioner and the Commissioner of the Central Authority, the Director General, the Additional Director General, the Director, the Joint Director, the Deputy Director and the Assistant Director and all other officers and employees of the Central Authority and other persons performing any duty under this Act, while acting or purporting to act in pursuance of any of the provisions of this Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
96. Compounding of offences.—(1) Any offence punishable under sections 88 and 89, may, either before or after the institution of the prosecution, be compounded, on payment of such amount as may be prescribed :
Provided that no compounding of such offence shall be made without the leave of the court before which a complaint has been filed under section 92 :
Provided further that such sum shall not, in any case, exceed the maximum amount of the fine, which may be imposed under this Act for the offence so compounded.
(2) The Central Authority or any officer as may be specially authorised by him in this behalf, may compound offences under sub- section (1).
(3) Nothing in sub-section (1) shall apply to person who commits the same or similar offence, within a period of three years from the date on which the first offence, committed by him, was compounded.
Explanation.—For the purposes of this sub-section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence.
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(4) Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded.
(5) The acceptance of the sum of money for compounding an
offence in accordance with sub-section (1) by the Central Authority or an officer of the Central Authority empowered in this behalf shall be deemed to amount to an acquittal within the meaning of the Code of Criminal Procedure, 1973 (2 of 1974).
97. Manner of crediting penalty.—The penalty collected under section 21 and the amount collected under section 96 shall be credited
to such fund as may be prescribed.
98. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Presidents and members of the District Commission, the State Commission and the National Commission, the Chief Commissioner, the Commissioner, any officer or employee and other person performing any duty under
this Act, for any act which is in good faith done or intended to be done in pursuance of this Act or under any rule or order made thereunder.
99. Power to give directions by Central Government.—(1) Without prejudice to the foregoing provisions of this Act, the Central
Authority, shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, as the Central Government may give in writing to it from time to time :
Provided that the Central Authority shall, as far as practicable, be given an opportunity to express its views before any direction is
given under this sub-section.
(2) The decision of the Central Government whether a question
is one of policy or not shall be final.
100. Act not in derogation of any other law.—The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
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101. Power of Central Government to make rules.—(1) The Central Government may, by notification, make rules for carrying out any of the provisions contained in this Act.
(2) Without prejudice to the generality of the foregoing power,
such rules may provide for,—
(a) the other class or classes of persons including public utility
entities under clause (19) of section 2 ;
(b) the contest, lottery, game of chance or skill which are to be exempted under item (b) of sub-clause (iii) of clause (47) of section 2 ;
(c) the manner of issuing bill or cash memo or receipt for goods sold or services rendered under sub-clause (vii) of clause (47) of section 2 ;
(d) the number of other official or non-official members of the Central Council under clause (b) of sub-section (2) of section 3 ;
(e) the time and place of meeting of Central Council and the procedure for the transaction of its business under sub- section (2) of section 4 ;
(f) the number of Commissioners in the Central Authority under
sub-section (2) of section 10 ;
(g) the qualifications for appointment, method of recruitment, procedure of appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chief Commissioner and other Commissioners of the Central Authority under section 11 ;
(h) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the Central Authority under sub-section (2) of section 13 ;
(i) the qualifications for appointment of Director General, Additional Director General, Director, Joint Director, 64 The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. [No. 19-8 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Deputy Director and Assistant Director and the manner of appointment under sub-section (2) of section 15 ;
(j) the manner of taking copies or extracts of document, record or article seized or produced before returning to the person under sub-section (3) of section 22 ;
(k) the officer and the manner of disposing of articles which are subject to speedy or natural decay under sub-section (4) of section 22 ;
(l) the form and manner for preparing annual statement of accounts by the Central Authority in consultation with the Comptroller and Auditor General of India under sub-section (1) of section 26 ;
(m) the form in which, and the time within which, an annual report, other reports and returns may be prepared by the Central Authority under sub-section (1) of section 27 ;
(n) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of President and members of the District Commission under section 29 ;
(o) the other value of goods and services in respect of which the District Commission shall have jurisdiction to entertain complaints under proviso to sub-section (1) of section 34 ;
(p) the manner of electronically filing complaint under the proviso
to sub-section (1) of section 35 ;
(q) the fee, electronic form and the manner of payment of fee for filing complaint under sub-section (2) of section 35 ;
(r) the cases which may not be referred for settlement by
mediation under sub-section (1) of section 37 ;
(s) the manner of authentication of goods sampled in case of the National Commission under clause (c) of sub-section (2) of section 38 ;
(t) any other matter which may be prescribed under clause (f)
of sub-section (9) of section 38 ;
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(u) the fund where the amount obtained may be credited and the manner of utilisation of such amount under sub-section (2) of section 39 ;
(v) the form and the manner in which appeal may be preferred
to the State Commission under section 41 ;
(w) the qualifications for appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of the President and members of the State Commission under section 43 ;
(x) the other value of goods and services in respect of which the State Commission shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of sub-section (1) of section 47 ;
(y) the form and manner of filing appeal to the National Commission, and the manner of depositing fifty per cent of the amount before filing appeal, under sub-section (1) of section 51 ;
(z) the number of members of the National Commission under
clause (b) of section 54 ;
(za) the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the President and members of the National Commission under sub-section (1) of section 55 ;
(zb) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the National Commission under sub-section (3) of section 57 ;
(zc) the other value of goods and services in respect of which the National Commission shall have jurisdiction under the proviso to sub-clause (i) of clause (a) of sub-section (1) of section 58 ;
(zd) the manner of depositing fifty per cent of the amount under
the second proviso to section 67 ;
(ze) the form in which the National Commission and the State Commission shall furnish information to the Central Government under sub-section (4) of section 70 ;
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(zf) the persons in the consumer mediation cell under sub-section
(3) of section 74 ;
(zg) the measures to be taken by the Central Government to prevent unfair trade practices in e-commerce, direct selling under section 94 ;
(zh) the amount for compounding offences under sub-section
(1) of section 96 ;
(zi) the fund to which the penalty and amount collected shall
be credited under section 97 ; and
(zj) any other matter which is to be, or may be, prescribed, or in respect of which provisions are to be, or may be, made by rules.
1 0 2 . Power of State Government to make rules.—(1) The State Governments may, by notification, make rules for carrying out the provisions of this Act :
Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the State until the rules in respect of that matter is made by the State Government and while making any such rules, so far as is practicable, they shall conform to such model rules.
(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 other class or classes of persons including public utility
entities under clause (19) of section 2 ;
(b) the contest, lottery, game of chance or skill which are to be exempted under item (b) of sub-clause (iii) of clause (47) of section 2 ;
(c) the number of other official or non-official members of the State Council under clause (b) of sub-section (2) of section 6 ;
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(d) the time and place of meeting of the State Council and the procedure for the transaction of its business under sub- section (4) of section 6 ;
(e) the number of other official and non-official members of District Council under clause (b) of sub-section (2) of section 8 ;
(f) the time and place of meeting of the District Council and procedure for the transaction of its business under sub- section (4) of section 8 ;
(g) the number of members of the District Commission under
clause (b) of sub-section (2) of section 28 ;
(h) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the District Commission under section 30 ;
(i) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the District Commission under sub-section (3) of section 33 ;
(j) the manner of authentication of goods sampled by the State Commission and the District Commission under clause (c) of sub-section (2) of section 38 ;
(k) the manner of depositing fifty per cent of the amount before
filing appeal under second proviso to section 41 ;
(l) the number of members of the State Commission under
sub-section (3) of section 42 ;
(m) the salaries and allowances payable to, and other terms and conditions of service of, the President and members of the State Commission under section 44 ;
(n) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the State Commission under sub-section (3) of section 46 ;
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(o) the form in which the State Commission shall furnish information to the State Government under sub-section (5) of section 70 ;
(p) the persons in the consumer mediation cell under sub-
section (3) of section 74 ;
(q) any other matter which is to be, or may be prescribed, or in respect of which provisions are to be, or may be, made by rules.
103. Power of National Commission to make regulations.— (1) The National Commission may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such regulations may make provisions for—
(a) the costs for adjournment to be imposed by the District Commission under the second proviso to sub-section (7) of section 38 ;
(b) the costs for adjournment to be imposed by the State Commission or the National Commission, as the case may be, under the second proviso to section 52 ;
(c) the maintenance of any other information by the consumer
mediation cell under sub-section (4) of section 74 ;
(d) the manner of submission of quarterly report by consumer mediation cell to the District Commission, the State Commission or the National Commission under sub- section (5) of section 74 ;
(e) the qualifications and experience required for empanelment as mediator, the procedure for empanelment, the manner of training empanelled mediators, the fee payable to empa nelled mediator, the terms and conditions for empa nelment, the code of conduct for empanelled No. 19-8] The J&K Official Gazette, 9th Aug., 2019/18th Srav., 1941. 69 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
mediators, the grounds on which, and the manner in which, empanelled mediators shall be removed or empanelment shall be cancelled and the other matters relating thereto under sub-section (2) of section 75 ;
(f) the conditions for re-empanelment of mediators for another
term under sub-section (3) of section 75 ;
(g) the other facts to be disclosed by mediators under clause
(c) of section 77 ;
(h) the time within which, and the manner in which, mediation may be conducted under sub-section (3) of section 79 ; and
(i) such other matter for which provision is to be, or may be,
made by regulation.
104. Power of Central Authority to make regulations.—(1) The Central Authority may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with this Act, for the purpose of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely :—
(a) the procedure for engaging experts and professionals and the number of such experts and professionals under sub- section (3) of section 13 ;
(b) the procedure for transaction of business and the allocation of business of the Chief Commissioner and Commissioner under sub-section (1) of section 14 ;
(c) the form, manner and time within which, inquiries or investigation made by the Director General shall be submitted to the Central Authority under sub-section (5) of section 15 ; and
(d) such other matter for which provision is to be, or may be,
made by regulation.
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105. Rules and regulations to be laid before each House of Parliament.—(1) Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
(2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature.
106. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty :
Provided that no such order shall be made after the expiry of a
period of two years from the commencement of this Act.
107. Repeal and savings.—(1) The Consumer Protection Act,
1986 (68 of 1986) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act hereby repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.
(3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal.