THE

JAMMU AND K ASHMIR OFFICIAL GAZETTE

Vol. 134]

Jammu, Thu., the 8th April, 2021/18th Chai., 1943.

[ No. 2

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

REGD NO. JK––33

CONTENTS

English

Pages

Vernacu-

lar pages

PART

I-A— Appointments, promotions, transfers and leave

of absence sanctioned by the Governor,

Government and the Ministers

....

PART

I-B– Notifications, Communiques and General Orders

by the Government and the Ministers ....

PART

II-A– Appointments, promotions, transfers and leave

of

absence

sanctioned

by

Heads

of

Departments ....

PART

II- B– Notifications, Notices and Orders by Heads of

Departments, Provincial Heads, Magistrates and

other officers competent to issue public notices

under any law or rule ....

PART

II-C– Notifications, Notices and Orders by Election

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department, Election Petitions and Judgements

of Election Tribunal

....

PART

III- Laws,

Regulations

and

Rules

passed

thereunder

....

PART

IV– Reprints from the Government of India Gazette or

Gazettes of others Governments....

PART

V– Information and Statistics ....

(a) Rates and prices in the State....

(b) Rates and wages ....

(c) Crop Report and Forecasts

....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Ranbir Government Press, Jammu.

10-32

15-30

3-4

9-20

3-4

1-4

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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.

––––––––

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.

––––––––

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.

––––––––

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.

––––––––

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

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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.

––––––––

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.

––––––––

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.

––––––––

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.

––––––––

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.

––––––––

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.

––––––––

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.

––––––––

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.

––––––––

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

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Ahmad Ganie R/o Ruhu Papayball, Moominabad, Anantnag vide

Notification No. 131 dated 17-06-2019 has been declared as absolute/

final.

By order.

––––––––

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.

––––––––

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.

––––––––

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.

––––––––

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.

––––––––

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.

––––––––

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

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Ganaee R/o Malikpora, Amargarh, Handwara, Kupwara vide Notification

No. 115 dated 17-06-2019 has been declared as absolute/final.

By order.

––––––––

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.

––––––––

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.

––––––––

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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Notification

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.

––––––––

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.

––––––––

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/

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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.

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The renewal/extension of provisional licence/enrollment must be

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

an Advocate is ordered therebefore.

By order.

––––––––

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.

––––––––

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.

––––––––

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

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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.

––––––––

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.

––––––––

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.

––––––––

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

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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.

––––––––

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.

––––––––

28

The J&K Official Gazette, the 8th April, 2021/18th Chai., 1943.

[ No. 2

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

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

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

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

1

2

3

4

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

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

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

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

1

2

3

4 5 6

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

K. M.

20

The J&K Official Gazette, 8th April, 202/18th Chai., 1943. [No. 2

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

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

1

2

3

4 5 6

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

K. M.

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

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

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

1

2

3

4

5

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

K. M.

No. 2] The J&K Official Gazette, 8th April, 202/18th Chai., 1943.

25

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

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,

1

2

3

4

5

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

K. M.

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

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

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 ;

1

2

3

4

5

———————————————————————————————

K. M.

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.

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

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.

———–

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

Ward No.

Committee

1.

Sh. Akshay Sharma

08

2.

Smt. Sunita Gupta

37

3.

Sh. Dinesh Gupta

18

4.

S. Sucha Singh

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 and Transparency in Land 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.

Survey

Type of

Type of Area under

Name and address of

Boundaries

No. No.

Title

Land

Acquisition a person interested

N S E W

1 2 3 4 5 6 7

————————————————————————————————————

1.

1629 Proprietary

Abi-

10 Marlas

Ab. Gani Sheikh

Wari

S/o Mohd Afzal

Sheikh R/o Shala-

Tokna

in Acres

No. 2] The J&K Official Gazette, 8th April, 2021/18th Chai., 1943.

15

2.

1630 Proprietary

Abi-

2½ Marlas

Ab. Gani Sheikh

min

Wari

S/o Mohd Afzal

Sheikh R/o Shala-

Tokna

Total Land

12½ Marlas

Trees

Structures

————————————————————————————————————

Variety

Number

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.

—————

1 2 3 4 5 6 7

————————————————————————————————————

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 Transparency 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

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Vol. 134] Jammu, Thu., the 8th April, 2021/18th Chai., 1943. [No. 2

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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.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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separate compilation.

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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

EXTRAORDINARY

REGD. NO. JK—33

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.

THE

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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

EXTRAORDINARY

REGD. NO. JK—33

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.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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Vol. 133] Jammu, Thu., the 5th March, 2020/15th Phal., 1941. [No. 49-f

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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

EXTRAORDINARY

REGD. NO. JK—33

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.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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Vol. 132] Jammu, Thu., the 5th March, 2020/15th Phal., 1941.[No. 49-g

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

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

EXTRAORDINARY

REGD. NO. JK—33

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.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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Vol. 133] Jammu, Tue., the 7th April, 2020/18th Chai., 1942. [ No. 1-b

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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. Chandi

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

EXTRAORDINARY

REGD. NO. JK–33

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.

.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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Vol. 133] Jammu, Tue., the 7th April, 2020/18th Chai., 1942. [ No. 1-f

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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

EXTRAORDINARY

REGD. NO. JK–33

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.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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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

EXTRAORDINARY

REGD. NO. JK–33

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.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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Vol. 133] Jammu, Thu., the 23rd April, 2020/3rd Vai., 1942. [ No. 4-a

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

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.

EXTRAORDINARY

REGD. NO. JK–33

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.

.

.

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.

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.

———–

2

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The J&K Govt. Gazette, 4th June, 2020/14th Jyai., 1942.

[No. 10-a

(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

4

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The J&K Govt. Gazette, 4th June, 2020/14th Jyai., 1942.

[No. 10-a

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

(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

–––––––––

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

No. 10-a]

The J&K Govt. Gazette, 4th June, 2020/14th Jyai., 1942.

5

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

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

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

1. Written Test

75

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

1

2

3

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6

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The J&K Govt. Gazette, 4th June, 2020/14th Jyai., 1942.

[No. 10-a

(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.

8

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The J&K Govt. Gazette, 4th June, 2020/14th Jyai., 1942.

[No. 10-a

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.

.

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

EXTRAORDINARY

REGD. NO. JK–33

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.

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

EXTRAORDINARY

REGD. NO. JK–33

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.

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

EXTRAORDINARY

REGD. NO. JK–33

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.

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

EXTRAORDINARY

REGD. NO. JK—33

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

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.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

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

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

1

2

3

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

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.

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

EXTRAORDINARY

REGD. NO. JK—33

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

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.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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.

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

EXTRAORDINARY

REGD. NO. JK—33

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

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.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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.

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

EXTRAORDINARY

REGD. NO. JK—33

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

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.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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.

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

No. 5-a] The J&K Official Gazette, 30th April, 2020/10th Vai., 1942.

Thu.

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

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

EXTRAORDINARY REGD. NO. JK–33

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.

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

EXTRAORDINARY REGD. NO. JK–33

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.

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

No. 5-d] The J&K Official Gazette, 5th May., 2020/15th Vai., 1942.

Tue.

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

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.

EXTRAORDINARY REGD. NO. JK–33

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.

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

No. 5-f] The J&K Official Gazette, 5th May, 2020/15th Vai., 1942.

Tue

—————————————————————————————————

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].

EXTRAORDINARY REGD. NO. JK–33

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.

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

EXTRAORDINARY REGD. NO. JK–33

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.

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

No. 6-c] The J&K Official Gazette, 8th May, 2020/18th Vai., 1942.

Fri.

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

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

EXTRAORDINARY

REGD. NO. JK–33

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.

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

EXTRAORDINARY

REGD. NO. JK—33

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

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.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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.

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

EXTRAORDINARY

REGD. NO. JK—33

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

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.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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.

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

EXTRAORDINARY

REGD. NO. JK—33

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

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.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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.

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

EXTRAORDINARY

REGD. NO. JK—33

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

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.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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.

THE

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

EXTRAORDINARY

REGD. NO. JK––33

2

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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

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

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.

1

2 3

————————————————————————————

THE

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

EXTRAORDINARY

REGD. NO. JK––33

2

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

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 Iqbal Aga, retired 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 Professor

(Mathematics), 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.

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

EXTRAORDINARY

REGD. NO. JK—33

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

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.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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.

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.

———–

EXTRAORDINARY

REGD. NO. JK—33

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) “appropriate laboratory” 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 carrying 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

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

(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

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

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 District 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

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(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 direct, incidental 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

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(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

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(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

Redressal Commission established 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

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(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 ;

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(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

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(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 ;

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(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

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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

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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.

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(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.

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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 :

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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

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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

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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

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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 :

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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

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(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.

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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.

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(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.

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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.

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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

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(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.

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(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

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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

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otherwise of the report made by the appropriate

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

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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 ;

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(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,

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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 product 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

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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 misleading

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

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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

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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 ;

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(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

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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

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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

made by the Central Government but not exceeding five years from

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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

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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.—Where 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

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(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

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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,

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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

empanelled mediator, the terms and conditions for

empanelment, the code of conduct for empanelled

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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.