REGD NO. JK––33
THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
| –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– English CONTENTS Pages | Vernacu- lar pages | ||
| PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... 186-200 PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... 193-206 PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... 25-26 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 .... 183-188 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 .... 53-54 |
Printed at the Ranbir Government Press, Jammu.
186 The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. [ No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU/ SRINAGAR (Exercising powers of Bar Council under Section 58 of the Advocates Act, 1961).
Notification
No. 273 of 2021/RG Dated 17-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Arshad Maqbool Dar S/o Haji Mohammad Maqbool Dar R/o Humhama, New Airport Road, Vision Public School, District Budgam vide Notification No. 904 dated 22-11-2019 has been declared as absolute/final.
By order.
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Notification
No. 274 of 2021/RG Dated 17-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Samee Ul Islam D/o Mohammad Altaf R/o Alamdar Colony, Charar-I-Sharief, Budgam vide Notification No. 801 dated 20-09-2019 has been declared as absolute/final.
By order.
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Notification
No. 275 of 2021/RG Dated 17-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Mehak Mushtaq D/o Bakshi Mushtaq Ahmad No. 13] The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. 187 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––—— R/o Gopalpora, Mattan, Khurad, Anantnag vide Notification No. 707 dated 19-09-2019 has been declared as absolute/final.
By order.
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Notification
No. 276 of 2021/RG Dated 17-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Manzoor Ahmad Tantry S/o Ab. Rashid Tantry R/o Midoora, Awantipora, District Pulwama vide Notification No. 738 dated 19-09-2019 has been declared as absolute/final.
By order.
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Notification
No. 277 of 2021/RG Dated 17-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Parveez Ahmad War S/o Bashir Ahmad War R/o War Mohalla, Sadakadal A/P Mount View Lane, Faizul Ul Haq Colony, Batapora, Hazratbal, Srinagar vide Notification No. 722 dated 19-09-2019 has been declared as absolute/final.
By order.
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Notification
No. 278 of 2021/RG Dated 17-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Minakshi Baru D/o Ravi Kumar Baru R/o Plot No. 75, Resham Ghar Colony, Jammu vide Notification No. 1680 dated 29-03-2019 has been declared as absolute/final.
By order.
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188 The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. [ No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 279 of 2021/RG Dated 17-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Irshad Ahmad Dar S/o Ghulam Qadir Dar R/o Kachwa Muqam, Lone Mohalla, District Baramulla vide Notification No. 794 dated 19-09-2019 has been declared as absolute/final.
By order.
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Notification
No. 280 of 2021/RG Dated 17-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Marjeena Manzoor D/o Manzoor Ahmad Hajam R/o Hilalabad Taingpora, Sumbal, Sonawari, Bandipora vide Notification No. 82 dated 17-06-2019 has been declared as absolute/ final.
By order.
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Notification
No. 281 of 2021/RG Dated 17-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Imteyaz Rashid Bhat S/o Abdul Rashid Bhat R/o Hajinar, Bhat Mohalla, Tehsil Karnah, District Kupwara vide Notification No. 790 dated 19-09-2019 has been declared as absolute/ final.
By order.
––––––––
Notification
No. 281 of 2021/RG Dated 04-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Nikhil Verma S/o Manohar Lal Verma No. 13] The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. 189 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––—— R/o 57-Subash Nagar, Extn.-1, Jammu vide Notification No. 1198 dated 17-11-2018 has been declared as absolute/final.
By order.
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Notification
No. 282 of 2021/RG Dated 17-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Sheeba Yousuf Bhat D/o Mohmed Yousuf Bhat R/o Iqra Colony, Bemina, Near New Tiny Bud School, Lane-3, Sub-Lane-5, Srinagar vide Notification No. 180 dated 18-06-2019 has been declared as absolute/final.
By order.
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Notification
No. 285 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Jahangir Ahmad S/o Mushtaq Ahmad Bajard R/o Hariganimon, Kangan, Taikabal, Ganderbal vide Notification No. 747 dated 19-09-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/ LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 286 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Pranav Jain S/o Sanjeev Jain 190 The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. [ No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
R/o 95-1/A, East Extension, Trikuta Nagar, Jammu vide Notification No. 871 dated 18-10-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and
antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 287 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Zahid Iqbal Ahmad Lone S/o Gh.
Ahmad Lone R/o Village Wanpora, Tehsil Gurez, District Bandipora vide Notification No. 1664 dated 29-03-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 288 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Mehboob Illahi S/o Mohd Riaz Malik R/o and P/O Chowkian Neeli, Tehsil Darhal, District Rajouri vide
Notification No. 1633 dated 12-03-2020 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
No. 13] The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. 191 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 289 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Shaid Ali Nengroo S/o Ali Mohd Nengroo R/o Jafferpora, Gangoo, Pulwama vide Notification No. 880
dated 18-10-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 290 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the
Advocates Act, 1961 in favour of Mr. Mehraj Mohi ud Din Ganai S/o Ghulam Mohi ud Din Ganai R/o Suchin Banit, Tehsil Beerwah, District Budgam vide Notification No. 712 dated 19-09-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
192 The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. [ No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 291 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Raies Shafi Wani S/o Mohamad
Shafi Wani R/o Namblabal, Pampore, Pulwama vide Notification No. 940 dated 22-11-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 292 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Faiqah Nazki D/o Javaid Akhtar Nazki R/o 17-Hill View Colony, (East), Sector 1st, Old Airport Road,
Rangreth, Budgam vide Notification No. 913 dated 22-11-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 293 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Arsh Vardhak Katoch S/o Rakesh No. 13] The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. 193 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Singh R/o H. No. 28, Sector-B-1, Lane No. 1, Laxmi Puram, Chinore, Bantalab, Jammu vide Notification No. 908 dated 22-11-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned
University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 294 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Mohd Anwar S/o Naik Mohd R/o Khoriwali, Tehsil Darhal, District Rajouri vide Notification No. 928 dated 22-11-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and
antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 295 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the
Advocates Act, 1961 in favour of Mr. Mukhtar Hussain Shah S/o Maqsood Hussain Shah R/o Village Gursai, Tehsil Mendhar, District Poonch vide Notification No. 144 dated 18-06-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
194 The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. [ No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 296 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Eijaz Ahmad Malik S/o Haron Rashid Malik R/o Boh, D. H. Pora, Kulgam vide Notification No. 27
dated 16-05-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 297 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the
Advocates Act, 1961 in favour of Mr. Mir Ishfaq Hussain S/o Mir Mohd Akram R/o Tapper, Waripora, Wani Mohalla, Tehsil Pattan, District Baramulla vide Notification No. 865 dated 18-10-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
No. 13] The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. 195 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
No. 298 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Naman Suri S/o Pankaj Suri
R/o 7-C, Shastri Nagar, Jammu vide Notification No. 870 dated 18-10-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 299 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Naziya Liyaqat D/o Syed Liyaqat R/o Chount Wailwar, Syed Mohalla, Tehsil Lar, District Ganderbal
A/P Police Housing Colony, Qamar Wari, Srinagar vide Notification No. 1051 dated 09-01-2020 for a period of one year has been extended till 31-03-2022 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 300 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the
Advocates Act, 1961 in favour of Mr. Manhor Singh S/o Chamail Singh 196 The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. [ No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
R/o Swari, Tehsil Kotranka Bakori (Budhail), Rajouri A/P Rathana Morh, R. S. Pura, Jammu vide Notification No. 868 dated 18-10-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned
University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 301 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Manzoor Ahmad Wani S/o Gh. Mohi ud Din Wani R/o Kukrsooa, Handwara, Tehsil Villagam, District Kupwara vide Notification No. 861 dated 18-10-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and
verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 302 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Ishfaq Rashid Dar S/o Abdul Rashid Dar R/o Humhama, Billal Mohalla, New Airport Road, Budgam vide Notification No. 787 dated 19-09-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification
of his character and antecedents from the CID.
No. 13] The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. 197 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 303 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Maqsood Ahmad Mir S/o Mohammad Yousuf Mir R/o Mir Mohalla, Bundzoo, Pulwama vide Notification No. 93 dated 17-06-2019 for a period of one year has been
extended till 31-03-2022 subject to the verification of his Certificates/ LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 304 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Snober Azad D/o Nisar Ahmad Azad R/o Kakasathoo Jamalatta, Tehsil South, District Srinagar A/P Peer Bagh Milatabad, Srinagar vide Notification No. 877 dated 18-10-2019 for a period of one year has been extended till 31-03-2022 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.
––––––––
198 The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. [ No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 305 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the
Advocates Act, 1961 in favour of Mr. Umar Farooq Dar S/o Farooq
Ahmed Dar R/o Rawalpora, Dar Mohalla, Tehsil Chaapora, District
Srinagar vide Notification No. 839 dated 21-09-2019 for a period of one
year has been extended till 31-03-2022 subject to the verification of his
Certificates/LL.B Degree from the concerned University and verification
of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 306 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the
Advocates Act, 1961 in favour of Ms. Asmat Riyaz D/o Riyaz Ahmad
Bhat R/o Malyar Pora, Iqbal Colony, Baramulla A/P Diyarwani,
Batamaloo (Near Hope Medicate) Kashi Mohalla, Batmallo
(H. No. 1512), Srinagar vide Notification No. 899 dated 22-11-2019 for
a period of one year has been extended till 31-03-2022 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.
––––––––
No. 13] The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. 199 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
No. 307 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Sheikh Tanzeel Illahi S/o Sheikh
Ishrat Illahi R/o Village Gundow, Tehsil Chillipingal, District Doda vide Notification No. 949 dated 22-11-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/ LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 308 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Viren Magotra S/o Rajeev Magotra R/o H. No. 284-A, Gole Market, Gandhi Nagar, Jammu A/P H. No. 212,
Sector-2, Channi Himmat, Jammu vide Notification No. 885 dated 18-10-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
––––––––
Notification
No. 309 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the
Advocates Act, 1961 in favour of Mr. Manzoor Ahmad Lone S/o Abdul 200 The J&K Official Gazette, the 24th June, 2021/3rd Asad., 1943. [ No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Jabar Lone R/o Mohalla Gundi Wussan, Kangan, Ganderbal vide Notification No. 740 dated 19-09-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/ LL.B Degree from the concerned University and verification of his
character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
––––––––
Notification
No. 314 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Tajamul Islam Teeli S/o Gh. Nabi
Teeli R/o Viddy, Srigifawar, Al-Aman Colony, Anantnag vide Notification No. 836 dated 21-09-2019 for a period of one year has been extended till 31-03-2022 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.
(Sd.) MOHAMMAD YASIN BEIGH,
Registrar (Adm.).
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 24th June, 2021/3rd Asad., 1943. [ No. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
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GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—HOME DEPARTMENT.
Subject :—Award of Jammu and Kashmir Police Medal for Meritorious Services to Police Officers/Officials on the occasion of the Independence Day, 2020.
–––––––
Government Order No. 172-Home of 2020
Dated 14-08-2020.
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 Independence Day, 2020 :—
S. No. Name Rank PID No. –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. T. Namgiyal (RR-95), IPS IGP IPS952723
2. Haseeb-ur-Rehman SSP JKPS993414 192 The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. [No. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 3. Swarn Singh Kotwal SSP JKPS997348
4. Showkat Ahmad Dar SSP JKPS993845
5. Surinder Kumar Sharma Dy. SP EXJ905871
6. Ashiq Hussain Malik Inspector EXK952539
By order of the Government of Jammu and Kashmir.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary to the Government, Home Department.
_____
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—INDUSTRIES AND COMMERCE DEPARTMENT.
Subject :—Appointment of CPIO(s) and First Appellate Authority in terms
of RTI Act, 2005.
–––––
Government Order No. 27-IND of 2021
Dated 10-02-2021.
Sanction is hereby accorded to :—
(i) Appointment of Mr. Kewal Krishan (KAS), Additional Secretary to the Government, Industries and Commerce Department as First Appellate Authority (FAA) in terms of section 19(1) of Right to Information Act, 2005 with immediate effect for Administrative Department of Industries and Commerce Department.
(ii) Appointment of Mr. Sanjeev Kumar, Under Secretary to the Government, Industries and Commerce Department as Central Public Information Officer (CPIO) in terms of section 5(1) of Right to Information Act, 2005 with immediate effect for No. 13] The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. 193 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Administrative Department of Industries and Commerce Department.
By order of the Government of Jammu and Kashmir.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
_____
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS. (Judicial Administration Section)
Subject :—Approval to the selection of Mr. Mudasir Bashir S/o Mr. Bashir Ahmad Mandloo as Munsiff, in compliance of the Hon'ble High Court Order dated 18-02-2021 passed in SWP No. 3898 of 2019 titled Mudasir Bashir V/s Government of Jammu and Kashmir.
Reference :—Letter No. PSC/Exam/KCS(Judicial)/2018 dated 12-05-2021
from the J&K Public Service Commission.
–––––––
Government Order No. 3474-JK(LD) of 2021
Dated 20-05-2021.
In pursuance of rule 39 of the Jammu and Kashmir Civil Services (Judicial) Recruitment Rules, 1967, the Lieutenant Governor, on the recommendation of the Jammu and Kashmir Public Service Commission, is pleased to accord approval to the selection of waiting list candidate, namely Mr. Mudasir Bashir S/o Mr. Bashir Ahmad Mandloo R/o 49-B, Mandloo, Enclave-l, Model Town-B, Sopore, as Munsiff.
This is in compliance of the Hon'ble High Court Order dated 18-02-2021 passed in SWP No. 3898 of 2019 titled Mudasir Bashir V/s. Government of Jammu and Kashmir.
By order of the Government of Jammu and Kashmir.
(Sd.) ACHAL SETHI,
Secretary to Government.
–––––––
194 The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. [No. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT.
Subject :—Appointment of First Appellate Authority in the Forest, Ecology
and Environment Department.
Reference :—Government Order No. 45-JK(GAD) of 2020 dated
08-01-2020.
–––––––
Government Order No. 61-JK(FST) of 2021
Dated 24-05-2021.
In terms of section 19(1) of the Right to Information Act, 2005, sanction is hereby accorded to the appointment of Shri Amit Sharma, KAS, Special Secretary to Government, Forest, Ecology and Environment Department, Civil Secretariat as First Appellate Authority under Right to Information Act, 2005.
By order of the Government of Jammu and Kashmir.
(Sd.) SANJEEV VERMA, IAS,
Commissioner/Secretary to Government.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—HOME DEPARTMENT.
Subject :—Appointment of candidates to the post of Assistant Director,
Fire and Emergency Service under direct recruitment quota.
Reference :—Letter No. PSC/DR/ADFCS/2008 dated 25-01-2021 from
the Jammu and Kashmir Public Service Commission.
–––––––
Government Order No. 71-Home of 2021
Dated 25-03-2021.
Pursuant to the selection made on the basis of the prescribed
examination process and recommendation made thereupon by the Jammu
and Kashmir Public Service Commission, sanction is hereby accorded to No. 13] The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. 195 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– the temporary appointment of the candidates, as per Annexure-I to this
order, against the posts of Assistant Director, Fire and Emergency Service
in the J&K Fire and Emergency Service, in the Pay Level-8 (Rs. 47600-
151100), with immediate effect.
2. The terms and conditions of probation and fixation of initial tenure
of the appointment shall be governed in terms of the Jammu and Kashmir
Probationer (Conditions of Service, Pay and Allowances) and Fixation of
Tenure Rules, 2020 and J&K Fire and Emergency (Gazetted) Service
Recruitment Rules, 2017, issued vide SRO-286 dated 12-07-2017.
3. The appointees shall report to the Director, Fire and Emergency
Service, J&K. They shall be allowed to join only on production of the following
certificates, in original :—
(i) Qualification Certificate ;
(ii) Date of Birth Certificate ;
(iii) Domicile Certificate ;
(iv) Relevant Category Certificate ;
(v) Any other certificate required under rules.
4. Those candidates who fail to join within a period of 21
(twenty-one) days from the date of issuance of the appointment order shall
forego their right to appointment, which shall be deemed to have been
cancelled ab initio without any further notice.
5. The salary of the appointees shall be drawn and disbursed to them
after the receipt of the character and antecedents verification report from
the CID, J&K and subject to production of an affidavit, as per Annexure-II
to this order. In case, any candidate is adversely reported upon by the
verifying agency viz. CID, J&K or the relevant category certificate is found
not to be genuine/valid, he/she shall have no claim, whatsoever, to hold the
post to which appointed and his/her appointment shall automatically stand
cancelled without any further notice.
6. It is further ordered that the sequence in which the names of the
appointees appear shall not be construed to be the order of their seniority, 196 The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. [No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
which shall be determined separately under the Jammu and Kashmir Civil
Services (Classification, Control and Appeal) Rules, 1956. The appointment
of the candidates shall be subject to the outcome of the writ petition(s), if
any, pending before any Competent Court(s) of law.
By order of the Government of Jammu and Kashmir.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary to the Government.
–––––––
Annexure-1 to Government Order No. 71-Home of 2021
dated 25-03-2021.
Names of the candidates with parentage and residential address
Assistant Director, Fire and Emergency Services :
1. Sarvesh Langer S/o Pawan Kumar R/o 62-Pawan Enclave,
Paloura, Jammu.
2. Sahil Bandral S/o Surinder Singh R/o 119, Phase-I, Housing
Colony, Udhampur.
3. Aqib Hussain Mir S/o Gh. Mohammad Mir R/o 75, Khaiwan,
Srinagar.
4. Himanshu Gandotra S/o Shyam Gandotra R/o 426, A/B, Gandhi
Nagar, Jammu.
5. Moin Ul Islam Ahanger (RBA) S/o Mohmad Abdullah Ahanger
R/o 31, Turkawangam, Chitragam, Shopian.
6. Towseef Hussain Dar (RBA) S/o Mushtaq Ahmad Dar R/o 57,
Putrigam, Rajpora, Pulwama.
7. Amit Shivgotra (SC) S/o Yash Pal Shivgotra R/o H. No. 131/4,
Kabir Nagar, Poonch House, Lane No. 4, Talab Tillo, Jammu.
No. 13] The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. 197 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
8. Mohmad Arif Mir (ST) S/o Syed Ur Rahman Mir R/o 02, Mir
Mohallah, Gundi-Dachina, Bandipora.
(Sd.) PARVEEN KUMAR, KAS,
Additional Secretary to the Government.
–––––––
Annexure-I1 to Government Order No. 71-Home of 2021
dated 25-03-2021.
I,________________________S/o_______________________
R/o___________________do hereby solemnly declare on oath that—
(a) I appeared in the examination under the________________
category under Roll No.__________________________.
(b) My name has been recommended by the J&K Public Service
Commission for appointment as_____________________in
the J&K Fire and Emergency (Gazetted) Service.
(c) I have completed the formality for character and antecedents
verification report from the CID Headquarters.
(d-1)* I understand that the character and antecedents verification
report in my case has not been furnished till date to the
competent authority.
(d-2)* I understand that the verification report in respect of the
category certificate has not been furnished by the concerned
Deputy Commissioner in my case.
I, therefore, undertake that in the event of permitting me to join, pending
receipt of the character/antecedents verification report and the category
certificate report, I shall have no claim for the post in the event of me being 198 The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. [No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
adversely reported upon by the verifying agency viz. CID or the category
certificate found not to be genuine.
DEPONENT
VERIFICATION
The contents of this affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed therein.
DEPONENT
(*) Strike out if not applicable.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—HOSPITALITY AND PROTOCOL DEPARTMENT.
Subject :—Warrant of Precedence in respect of the Union Territory of
J&K.
Reference :—U. O. No. RDD-Pnch/57/2021-12 dated 05-04-2021 of the
Department of Rural Development and Panchayati Raj.
–––––––
Government Order No. 06-JK(H&P) of 2021
Dated 06-04-2021.
In supersession of all previous orders issued on the subject, it is hereby ordered that the Warrant of Precedence forming Annexure to this Government Order shall be observed at all ceremonial functions/occasions of the Union Territory of Jammu and Kashmir.
By order of the Lieutenant Governor.
(Sd.) TALAT PARVEZ ROHELLA,
Commissioner/Secretary to the Government, Hospitality and Protocol Department.
–––––––
No. 13] The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. 199 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure to the Government Order No. 06-JK (H&P) of 2021
dated 06-04-2021
1. President
2. Vice-President
3. Prime Minister
4. Governors of States within their respective States
5. Former Presidents
5A. Deputy Prime Minister
6. Chief Justice of India
Speaker of Lok Sabha
7. Cabinet Ministers of the Union
Chief Ministers of States within their respective States
Deputy Chairman, Planning Commission
Former Prime Ministers
Leaders of the Opposition in Rajya Sabha and Lok Sabha
7 A. Holders of Bharat Ratna decoration
8. Ambassadors Extraordinary and Plenipotentiary and High
Commissioners of Commonwealth countries accredited to India
Chief Ministers of States outside their respective States
Governors of States outside their respective States
9. Judges of Supreme Court
9A. Chairperson, Union Public Service Commission
Chief Election Commissioner
Comptroller and Auditor General of India
10. Deputy Chairman, Rajya Sabha
Deputy Chief Ministers of States
Deputy Speaker, Lok Sabha 200 The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. [No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Members of the Planning Commission
Ministers of State of the Union (and any other Minister in the
Ministry of Defence for Defence matters)
11. Attorney General of India
Cabinet Secretary
Lieutenant Governors within their respective Union Territories
12. Chiefs of Staff holding the rank of full General or equivalent rank
13. Envoys Extraordinary and Ministers Plenipotentiary accredited
to India
14. Chairmen and Speakers of State Legislatures within their
respective States
Chief Justices of High Courts within their respective jurisdictions
15. Cabinet Ministers in States within their respective States
Chief Ministers of Union Territories and Chief Executive
Councillor, Delhi within their respective Union Territories
Deputy Ministers of the Union
16. Officiating Chiefs of Staff holding the rank of Lieutenant General
or equivalent rank
17. Chairman, Central Administrative Tribunal
Chairman, Minorities Commission
Chairperson, National Commission for Scheduled Castes
Chairperson, National Commission for Scheduled Tribes
Chief Justices of High Courts outside their respective jurisdictions
Puisne Judges of High Courts within their respective jurisdictions
18. Cabinet Ministers in States outside their respective States
Chairmen and Speakers of State Legislatures outside their
respective States
Chairman, Monopolies and Restrictive Trade Practices
Commission No. 13] The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. 201 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Deputy Chairmen and Deputy Speakers of State Legislatures
within their respective States
Ministers of State in States within their respective States
Ministers of Union Territories and Executive Councilors, Delhi
within their respective Union/outside Territories
Speakers of Legislative Assemblies in Union Territories and
Chairman of Delhi
Metropolitan Council within their respective Union Territories/
outside
19. Chief Commissioners of Union Territories not having Councils of
Ministers, within their respective Union Territories
Deputy Ministers in States within their respective States
Deputy Speakers of Legislative Assemblies in Union Territories
and Deputy Chairman of Metropolitan Council, Delhi within their
respective Union Territories
19A. Mayors/Chairpersons, District Development Councils within their
respective Territorial jurisdictions.
20. Deputy Chairmen and Deputy Speakers of State Legislatures,
outside their respective States
Ministers of State in States outside their respective States
Puisne Judges of High Courts outside their respective jurisdictions
21. Members of Parliament
22. Deputy Ministers in State outside their respective States
23. Army Commanders/Vice-Chief of the Army Staff or equivalent
in other services
Chief Secretaries to State Governments/UTs within their
respective States/UTs
Commissioner for Linguistic Minorities
Commissioner for Scheduled Castes and Scheduled Tribes
Member, Legislative Assembly of the Union Territories within
their respective Union Territories 202 The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. [No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Members, Minorities Commission
Members, National Commission for Scheduled Castes
Members, National Commission for Scheduled Tribes
Officers of the rank of full General or equivalent rank
Secretaries to the Government of India (including officers holding
this office ex-officio)
Secretary, Minorities Commission
Secretary, Scheduled Castes and Scheduled Tribes Commission
Secretary to the President
Secretary to the Prime Minister
Secretary, Rajya Sabha/Lok Sabha
Solicitor General
Vice-Chairman, Central Administrative Tribunal
24. Officers of the rank of Lieutenant General or equivalent rank
25. Additional Secretaries to the Government of India
Additional Solicitor General
Advocate Generals of States
Chairman, Public Service Commission
Chairman, Tariff Commission
Charged Affairs and Acting High Commissioners a pied and
ad Interim
Chief Ministers of the Union Territories and Chief Executive
Councilor, Delhi outside their respective Union Territories
Chief Secretaries of State Governments/Union Territories (outside
their respective jurisdiction)
Deputy Comptroller and Auditor General
Deputy Speakers of Legislative Assemblies in the Union Territories
and Deputy Chairman
Delhi Metropolitan Council, outside their respective Union
Territories
Director, Central Bureau of Investigation
Director General, Border Security Force
Director General, Central Reserve Police Force
No. 13] The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. 203 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Director, Intelligence Bureau
Financial Commissioner to the Government
Director General of Police within respective States/Union
Territories
Principal Chief Conservator of Forests
Lieutenant Governors outside their respective Union Territories
Members, Central Administrative Tribunal
Members, Monopolies and Restrictive Trade Practices
Commission
Members, Union Public Service Commission
Ministers of Union Territories and Executive Councilors, Delhi,
outside their respective Union Territories
Principal Staff Officers of the Armed Forces of the rank of Major
General or equivalent rank
Speakers of Legislative Assemblies in Union Territories and
Chairman of Delhi, Metropolitan Council, outside their respective
Union Territories
25 A. Principal Secretaries to the Government
Additional Director General of Police
Additional Principal Chief Conservator of Forests
26. All Administrative Secretaries
Divisional Commissioners/IGPs/Chief Conservator of Forests/
Vice-Chairpersons, District Development Councils within their
respective jurisdictions
Joint Secretaries to the Government of India and Officers of
equivalent rank
Officers of the rank of Major General or equivalent rank
27. Vice Chancellors of Universities within the State/UT
28. District Magistrates
Officers of the rank of Brigadiers and equivalent
Major Heads of Department/Conservator of Forests
District and Session Judges 204 The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. [No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Chairpersons, Block Development Councils/Presidents of
Municipal Councils and Municipalities/Members of the District Development Councils
Note :— 1. The order in this Table of Precedence is meant purely for
Govt. and Ceremonial occasions.
2. Persons in the Table of Precedence will take rank in order of the number of the articles. The entries in the same article are arranged alphabetically. Those included in the same article will take precedence inter se according to date of entry into that article.
(Sd.) P. S. RATHORE,
Additional Secretary to the Government, Hospitality and Protocol Department.
––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—FINANCE DEPARTMENT. (Insurance Section)
Subject :—Renewal of Group Personal Accidental Insurance Policy for employees of J&K Government (Gazetted and Non-Gazetted) including the employees of PSUs/Autonomous Bodies/Local Bodies/Universities, Daily Rated Workers, Consolidated/ Contractual/Contingent Paid workers/Ad hoc employees and SPOs and deduction of premium thereof.
–––––––
Government Order No. 29-FD of 2020
Dated 27-11-202.
Sanction is hereby accorded to the renewal of the Group Personal Accidental Insurance Policy with M/s. Oriental Insurance Company Ltd. for (2nd year) commencing from midnight 2nd of December 2020 to 1st of December 2021, as per the agreement already executed between the Government of Jammu and Kashmir and M/s. Oriental Insurance Company Ltd. on the same terms and conditions stipulated here under :—
1. The policy shall cover an aggregate of more than 3.50 lac employees of the J&K Government (Gazetted and Non-Gazetted) No. 13] The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. 205 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– including the employees of PSUs/Autonomous Bodies/Local Bodies/Universities, Daily Rated Workers, Consolidated/ Contractual/Ad hoc employees/Contingent Paid workers and SPOs.
2. The sum assured under this policy shall be Rs. 10 lacs (Rupees Ten lacs only) per employee against payment of a yearly premium of Rs. 345.74/- rounded to Rs. 346/- (Rupees three hundred forty six only) inclusive of GST @ 18% i. e. Rs. 52.74/- (Rupees fifty two and seventy four paisa).
3. All the Drawing and Disbursing Officers (DDOs) of the Government shall deduct Rs. 346/- from all categories of employees mentioned above from the salaries of December, 2020 on compulsory basis. The amount so recovered from the salaries/ wages etc. of the employees for the month December, 2020 shall be credited to the following head of account :—
| be credited to the following head of account :— | |
| Major Head : 8235-General and other Reserve Funds Sub Major Head : 00 Minor Head : 105-General Insurance Fund (Janta Insurance) Group Head : 00 Sub-Head : 00 | Rs. 346/- (Rupees three hundred forty six only) |
4. Similarly, the DDOs of PSUs, Autonomous Bodies, Local Bodies and Universities shall remit the amount of Rs. 346/- (Rupees three hundred forty six only) inclusive of GST @ 18% i. e. Rs. 52.74/- (Rupees fifty two and seventy four paisa only) through challan against aforementioned Major Head in Govt. Treasuries in respect of their employees being covered under the scheme on or before 15th of January, 2021 positively and furnish the copy of challan bearing TR No. and date along with the list of the employees to the Nodal Officer, Group Personal Accidental Insurance Policy, Finance Department, Civil Secretariat, J&K, Jammu/Srinagar immediately.
5. However, wherever due to any administrative or financial problem, the DDO could not deduct the premium of his employee(s) from the salary of the month of December, 2020, he shall immediately deposit/remit the prescribed premium against the proper Head of Account in the concerned Treasury through challan after collecting the premium from the left out employees to bring them under the 206 The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. [No. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– insurance coverage. It shall be the responsibility of the concerned DDO not to leave out any employee without deduction of prescribed premium for coverage of the Accidental Insurance policy.
6. Inclusion under Group Personal Accidental Insurance Policy shall not confer any rights other than Accidental insurance whatsoever as per terms and conditions laid down.
7. Sanction is also accorded to the advance drawal of an amount of Rs. 12,10,09,000/- (Rupees Twelve Crores Ten lacs and Nine Thousand only) @ Rs. 345.74/- per employee under Major Head : 2235-Social Security and Welfare, Sub-Major Head : 60-Other Social Security and Welfare Programmes, Minor Head : 105-Government Employees Insurance Scheme, Group Head : 099, Sub Head : 0323-State Contribution for Employees Insurance/Detailed Head : 009-RRT by the Joint Director Resources, Finance Department for subsequent release of the amount to M/s. Oriental Insurance Company Ltd. as a premium for Group Personal Accidental Insurance Policy for 3.50 lacs employees of the Government of Jammu and Kashmir for a period of one year from the date of payment of premium. However, the excess/shortage of the premium paid to the insurance company shall be adjusted in the month of July, 2021, after receiving the consolidated details of total number of employees who have contributed the premium towards the instant policy from the Director General, Accounts and Treasuries, J&K.
By order of the Government of Jammu and Kashmir.
(Sd.) DR. ARUN KUMAR MEHTA, IAS,
Financial Commissioner, Finance Department.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., the 24th June, 2021/3rd Asad., 1943. [ No. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
————
26 The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. [No. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Certified that we have in the afternoon of this day respectively made over and received charge of the Office of Chief Medical Officer, Health and Family Welfare, Doda along with cash balance lying in Account No. CD-509 of Jammu and Kashmir Bank, Branch Ex-Doda as on 31-11-2020 A. N. of Rs. 95/- (Rupees Ninty-five) only last entry made in the cash book as well as drawal register.
The closing balance as on 30-11-2020 A. N. as per cash book and a
per bank statement is Rs. 95/- (Rupees Ninety-five) only.
Memo of the balance for which responsibility is accepted by the Officer
Receiving Charge.
Permanent Advance : Rs. 95/- (Rupees Ninety-five) only.
Station : Doda.
Dated : 01-12-2020.
(Sd.) ......................
Chief Medical Officer, Health and Family Welfare, Doda.
Relieved Officer.
(Sd.) .....................
Chief Medical Officer, Health and Family Welfare, Doda.
Relieving Officer.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
Vol. 134] Jammu, Thu., the 24th June, 2021/3rd Asad., 1943. [ No. 13
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II—B
Notifications, Notices and Orders by the Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION (ASSISTANT COMMISSIONER, REVENUE), REASI, MINI SECRETARIAT DISTRICT ADMINISTRATIVE COMPLEX, REASI–182311 (J&K) INDIA.
Final Award
Subject :—Acquisition of land mea suring 08 Marlas 4 Sirsai falling under Khasra No. 557 min in Village Reasi, Tehsil Reasi for the erection of towers of 132 KV D/C Transmission line for PDD (S&O Wing) Jammu–Under PNC mode.
———
On the placement of indent by Chief Engineer, System and Operation Wing, 220 KV Grid Station Complex, Narwal Bala, Gladni, Jammu bearing No. CE/S&O/J/T/1666-68 dated 20-5-2017, land acquisition proceedings have been initiated for land measuring 08 Marlas 4 Sirsai situated in Village Reasi, Tehsil Reasi under the provisions of 184 The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. [ No. 13
Land Acquisition Act, 1990 BK and rules made thereunder for the erection of tower location No. AP-54 by issuing notification under section 4 (1) of the Act vide No. CLA/ACR/Rsi/18-19/45-55 dated 8-5-2018 and was served upon the land owners/interested persons and Indenting Department, who were asked to file their objections, if any, within 15 days from the date of issuance of the said notification. No objection was received by this Collectorate in response to said notification.
The Indenting Department, in the above mentioned indent, has requested this Collectorate to acquire the said land under PNC mode as the same is urgently needed for the public purpose i. e. erection of transmission line towers. Accordingly, the case was placed in the Collectors meeting held on 17-10-2018 under the Chairmanship of District Collector, Reasi.
PRINCIPLE OF COMPENSATION UNDER PNC MODE
The Tehsildar, Reasi has submitted that the average sale deed rate for the last three years in Village Reasi is Rs. 4,50,640/-. The Stamp Duty rates for the year 2018-19 for the said village are Rs. 16.00 lacs for residential and Rs. 18.00 lacs for commercial land per local kanal. On the basis of Stamp Duty rates and average sale deed rate, the Collector concerned recommended a rate of Rs. 27.00 lacs per local kanal for approval in the Collectors meeting under PNC mode, with the justification that a rate of land compensation to the tune of Rs. 27.00 lacs per local kanal irrespective of classification of kind of soil was appraoved in the same village in the Collectors meeting held on 02-12-2017.
Thereafter, the case of land acquisition was placed in Collectors meeting held on 17-10-2018 under the Chairmanship of District Collector, Reasi in which Executive Engineer, S&O, PDD, Jammu on behalf of Indenting Department and land owners were present. The land owners demanded exorbitant rate on the pretext that even though only small piece of land is being acquired for installation of towers but the land that has actually been rendered less useful under the corridor of transmission line is much more in quantum. The proposed rate of land compensation and rate demanded by the land owners were discussed in the said meeting and after thorough negotiations with the land owners and Indenting Department, the committee stick to the rate of land compensation already approved for the same purpose for the same village and hence, Rs. 27.00 lacs (Ruppes twenty seven lacs only) per kanal irrespective of clssification of kind of soil is approved by the committee, for which land owners also expressed their willingness. In the light of SRO-02 dated 08-01-2007, sanction of awarded amount and approval of rates has been obtained from District Collector (Deputy No. 13] The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. 185
Commissioner), Reasi vide No. DC/Rsi/20-21/1614-17/SQ dated 21-1-2021.
Specification/apportionment of the land under acquisition is as
under :—
S. Tower Name of Name of Name of Khasra Area Kind Rate of Land
No. location owners cultivators occupant No. of land compen-
No. &
soil compens- sation
Name
ation (in lacs)
of
(in lacs)
Village
PK
———————————————————————————————————————
M. S.
1 . AP-5 4 Smt. Sweety Self- Rattan 55 7 08 -0 4 W-I 27.00 11,40,000/-
in village and ors. ¼ Cultivation Lal min
Reasi, share, Om Rattan Lal Co-
Tehsil Parkash Co-sharer sharer
Reasi S/o Shiv through
Ram ¼ Sandeep
share, Kewal Kumar,
Krishan, Rajeev
Rattan Lal Kumar
sons. Smt. sons
Bhagwati
Devi Wd/o
Hukum
Chand with
½ share in
equal.
Brahaman Bali
R/o Deh.
T ota l 08–04 11,40,000/-
On the basis of the apportionment, the land compensation is worked
out as under :
1. Land compensation for land measuring Rs. 11,40,000/-
08 Marlas 4 Sirsai @ Rs. 27.00 lacs
per local kanal for W-I kind of soil
2. Administrative charges @ 0.5% Rs. 5700/-
G. Total Rs. 11,45,700/-
(Rupees eleven lacs forty five thousand and seven hundred only) 186 The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. [ No. 13
The requisite certificates are recorded as under :—
1. The land is needed for public purpose i. e. erection of towers of 132 KV D/C Transmission line for PDD (S&O Wing) in Village Reasi, Tehsil Reasi.
2. That the adequate funds are available with this Collectorate.
3. That no compensation has been paid in respect of the land
under acquisition earlier.
4. That the Shajra Khasra of the land has been authenticated by
the Indenting Department as token of its correctness.
5. That the land compensation will be paid in accordance with
the provisions of Agrarian Reforms Act, 1976.
6. The Shajra Khasra/Aks prepared in the instant case is in
accordance with the spot position and field book.
7. That no evacuee property/Auqaf property/Dharmarth/Forest
land is involved in the instant case of land acquisition.
8. It is also certified that the land compensation payable to the owners/interested persons as shown in the apportionment statement shall be tendered in accordance with the provisions of Agrarian Reforms Act, 1976 and guidelines given in the Circular issued by the Revenue Department under No. (LB)- 10/80 dated 23-03-1980.
Therefore, I, Sanjay Kumar Badyal, KAS, Collector, Land Acquisition (Assistant Commissioner, Revenue), Reasi, in exercise of powers vested in me under J&K Land Acquisition Act, 1990 BK, hereby issue the final award for an amount of Rs. 11,45,700/- (Rupees eleven lacs forty five thousand and seven hundred only) for the land measuring 08 Marlas 4 Sirsai in Village Reasi, for public purpose i. e. "erection of towers of 132 KV D/C Transmission line for PDD (S&O Wing)" Jammu, in Village Reasi, Tehsil Reasi.
(Sd.) SANJAY KUMAR BADYAL, KAS,
Collector, Land Acquisition (Assistant Commissioner, Revenue), Reasi.
————
No. 13] The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. 187
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE DISTRICT MAGISTRATE, JAMMU, WAZARAT ROAD, JAMMU–180001 (J&K)—INDIA.
ORDER
Whereas, it has come to my notice that private individuals and various Govt. agencies are transporting Bovine Animals like Milk Cattle/ Drought animals through Trucks and other means from District Jammu to other Districts of the UT ;
Whereas, sentiments of one particular community are attached with the Bovine animals especially cow, which is treated as sacred animal by one particular community ; and
Whereas, it is necessary to take some preventive measures to avoid
such law and order problem in future.
Now, therefore, I, Anshul Garg, IAS, District Magistrate, Jammu in exercise of the powers vested in me under Section 144 Cr. P. C. hereby ordered that no Bovine Animals such as cow, Oxen, Bulls, Calves etc. be transported from District Jammu to other Districts, except with written permission from undersigned or Addl. District Magistrate, Jammu under certain conditions imposed by this office, from time to time.
This order shall come into force with an immediate effect and shall remain in force for a period of two months from the date of its issue or if the order is rescinded whichever be earlier.
(Sd.) ANSHUL GARG, IAS,
District Magistrat, Jammu.
———— GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE OF INDUSTRIES AND COMMERCE, (REGISTRAR OF SOCIETIES/FIRMS, JAMMU), 1st Floor, Udyog Bhawan, Rail Head Complex, Jammu.
Notice
It is notified for the information of General Public that "M/s Anil Kumar Kapahi Contractor Located at H. No. 516, Janipur Colony, Jammu, J&K" was registered with Registrar of Firms as Partnership Firm under J&K Partnership Act, 1996, vide Registration No. JRF/1071 of 2017 dated 03-06-2017. Now, as per dissolution deed executed before Sub-Registrar, 188 The J&K Official Gazette, 24th June, 2021/3rd Asad., 1943. [ No. 13
Jammu South-II dated 08-03-2021, the partners of the firm (1) Sh. Nishchal Kapahi, (2) Sh. Naveen Kapahi and (3) Sh. Anil Kumar Kapahi has approached this office for cancellation Form "C" and deletion of the firm from the Record Register of the Registrar of Firms, Jammu at their free will. Before the cancellation Form "C"of the aforementioned Partnership Firm and deletion of the firm from Record Register of the Registrar General Public/Banks/Government Departments of J&K UT/Central Government having any objections shall file the same within 14 days from the date of publication of this notice in the Office of Registrar of Firms, Directorate of Industries and Commerce, 1st Floor, Udyog Bhawan, Rail Head Complex, Jammu.
(Sd.) ...............................
For Registrar of Firms, J&K Govt., Jammu.
———
Change of Name
I hither to known as Dharminder Kotwal Son of Omkar Kotwal residing at H. No. 1808/F, Rathore Street, Shastri Nagar, Jammu PIN : 180004, Jammu and Kashmir, India have changed my name and shall hereafter be known as Dharminder Singh Rathore.
It is certified that I have complied with other legal requirements in this
connection.
Dharminder Kotwal
[Signature (in existing old name)]
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 & KASHMIR OFFICAL GAZETTE
Vol. 133] Jammu, Thu., the 24th June 2021/3rd Asad., 1943. [No. 13
Separate paging is given to this part in order that it may be filed as a separate compilation.
ADVERTISEMENTS—C
———–
COMMUNITY HEALTH CENTRE, R. S. PURA,
Tender Notice
For and on behalf of Lt. Governor, Union Territory of Jammu
and Kashmir, sealed tenders affixed with Rs. 5/- revenue stamp are
invited for the Group Manning of Parking Places at Community Health
Centre, R. S. Pura for (12 months) i. e. 01 July, 2021 to 30 June,
2022 as per the details given in the tender documents (Tender form,
terms and conditions of tender notice) from those firm(s). These
tender documents can be had in written request during all working
days up to 20-06-2021 against the non-refundable cash amount of 54 The J&K Govt. Gazette, 24th June 2021/3rd Asad., 1943. [No. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Rs. 500/- from the office of the BLOCK MEDICAL OFFICER,
R. S. PURA, Jammu (Cashier Room). The GR should be attached with the tender.
Name of the Group Amount of CDR Minimum reserved Bid
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Manning of Parking Places at RS. 30000/- 4 Lakh (Rupees Four Lakh
CHC, R. S. Pura, Jammu w. e. f. Only)
01-07-2021 to 30-06-2022
(12 months)
Please note that the amount of CDR cannot be adjusted towards bid money and will be released only after successful completion of the contract in case of successful tenderer. Rest of the CDRs shall be returned on issuance of rate contract.
The rate contract thus issued shall be valid for a period of 12 months, extendable on the performance of tenderer or for a further period of 90 days from the issue of rate contract or till such time the new rate contract is finalized and issued, whichever is earlier.
The tender document should be accompanied with the earnest money of Rs. 30000/- only in the shape of CDR [Call Deposit Receipt only) from any reputed Bank pledged in favour of Member-Secretary, Institutional Tender Committee, R.S. Pura. FDR [Fixed Deposit Receipt) shall not be accepted in place of CDR, in any case. Block Medical Officer, R. S. Pura, Jammu reserves the right to reject any or all the offers received without assigning any reason at any stage.
NO BANK DRAFT/INDIAN POSTAL ORDER WILL BE
ACCEPTED.
Scheduled Dates :—
1. Last date for sale of Tender Documents : 20-06-2021
2. Last date for submission of Tenders : 25-06-2021
3. Opening of tenders : 28-06-2021
The Tender Committee will not be held responsible for any postal
delay.
(Sd.).......................... Block Medical Officer, R. S. Pura.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 3rd March, 2021/12th Phal., 1942. [ No. 48-d –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 3rd March, 2021.
SO-68.—Whereas, on 08-9-2020, Kupwara Police received reliable
information about the possession of illegal arms/ammunition by the person
namely Mohammad Altaf Bhat S/o Ali Mohammad Bhat R/o Kanthpora
(Kupwara). Subsequently the accused was arrested in connection with the
case and one hand grenade was recovered from his possession ; and
2. Whereas, Case FIR No. 126/2020, under sections 13, 23,39
Unlawful Activities (Prevention) Act, 1967, came to be registered in Police
Station, Sogam and investigation was set into motion ; and 2 The J&K Official Gazette, 3rd March, 2021/12th Phal., 1942. [No. 48-d ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 3. Whereas, during the course of investigation, site plan of place of
occurrence and seizure memo was prepared and 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 further course of investigation it was revealed
that the accused was working as OGW for the terrorist namely Sajad Ahmad
Mir @ Haider R/o Breth Kalan, Sopore who was killed in the encounter at
Kreeri. The accused had received the grenade from him for carrying out
the subversive activities in 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 for
commission of offences punishable under section(s) as shown against his
name of Unlawful Activities (Prevention) Act, 1967 :—
S. No. Name of the Accused Offence
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Mohammad Altaf Bhat S/o Ali Mohammad 13, 23, 39
Bhat R/o Kanthpora ULA (P) Act
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 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
his 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 No. 48-d] The J&K Official Gazette, 3rd March, 2021/12th Phal., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Government hereby accords sanction for launching prosecution against the
above-mentioned accused for the commission of offences punishable under
sections 13, 23, 39 of ULA (P) Act, in the case FIR No. 126/2020 of Police
Station, Sogam.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 3rd March, 2021/12th Phal., 1942. [ No. 43-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 3rd March, 2021.
SO-69.—Whereas, on 16-9-2020, Baramulla Police during naka
checking at NHW, Kanispora, Singhpora crossing arrested two persons
namely Huzaif Firdous Bhat S/o Firdous Ahmad Bhat R/o Choora, Sopore
and Aijaz Ahmad Khan S/o Gh. Hassan Khan R/o Najibhat, Nowpora and
recovered two hand grenades, 100 AK rounds and some LeT posters from
their possession ; and
2. Whereas, a case FIR No. 159/2020, under sections 18, 23, 39
ULA (P) Act, 1967, was registered in Police Station, Baramulla and
investigation of the case was taken up ; and 2 The J&K Official Gazette, 3rd March, 2021/12th Phal., 1942. [No. 43-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 3. Whereas, during the course of investigation site plan of place of
occurrence and seizure memo was prepared and statement of witnesses
acquainted with the facts and circumstances of the case were recorded
under the relevant provisions of law ; and
4. Whereas, during investigation, it was revealed that the accused
persons were working as OGWs for the terrorist of LeT outfit active in the
area and had received the arms/ammunition from the terrorists of the said
organization for carrying out the subversive activities in the area ; and
5. Whereas, on the basis of investigation, statement of witnesses
recorded and other evidence collected, the Investigating Officer has
established prima facie involvement of below mentioned accused persons
in the commission of offences punishable under Unlawful Activities
(Prevention) Act, 1967 as shown against each accused as under :—
S. No. Name of the Accused Offence
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Huzaif Firdous Bhat S/o Firdous Ahmad Bhat 18, 23, 39
R/o Chaoora, Sopore ULA (P) Act
2. Aijaz Ahmad Khan S/o Gh. Hassan Khan
R/o Najibhat, Nowpora.
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 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 ULA (P) Act 1967 the Government hereby accord sanction No. 43-e] The J&K Official Gazette, 3rd March, 2021/12th Phal., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
for launching prosecution against the above accused persons for the
commission of offences punishable under sections 18, 23, 39 of Unlawful
Activities (Prevention) Act, 1967, the case FIR No. 159/2020 of Police
Station, Baramulla.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to the Government,
Home Department.
.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 3rd March, 2021/12th Phal., 1942. [ No. 48-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 3rd March, 2021.
SO-70.—Whereas, on 30-8-2020, Sopore Police received reliable
information that some unknown terrorists had lobbed a grenade on the
naka party of Police/Security Forces near Main Gate of Warpora. The
grenade exploded but no loss of life/property was reported ; and
2. Whereas, a case FIR No. 237/2020 under sections 16, 18, 20, 23,
39 ULA (P) Act, 1967, came to be registered in Police Station, Sopore and
investigation of the case was taken up ; and 2 The J&K Official Gazette, 3rd March, 2021/12th Phal., 1942. [No. 48-f ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 3. Whereas, during the course of investigation site plan of place of
occurrence and seizure memo was prepared and statement of witnesses
acquainted with the facts and circumstances of the case were recorded
under the relevant provisions of law ; and
4. Whereas, during investigation, two persons namely Ab. Majid Dar
S/o Ab. Rashid Dar R/o Dangerpora and Mubashir Ahmad Dar S/o Gh.
Mohi-ud-Din Dar R/o Dangerpora were arrested in connection with the
case and during investigation one hand grenade and 20 live AK rounds
were recovered from their possession ; and
5. Whereas, during investigation accused persons disclosed that they
were working as OGWs for the terrorists of Al-Bader outfit and on the
date of occurrence both the accused along with one terrorist namely Ishfaq
Ahmad Pandith S/o Rayees Ahmad R/o Dangerpora had lobbed hand
grenade on the Police/Security Forces at Main Gate of Police Post, Warpora.
Subsequently the terrorist was arrested in the case and during investigation
one Pistol with two Magazines was recovered from his possession ; and
6. Whereas, during further investigation accused Ishfaq Ahmad
Pandith disclosed that he was working for the terrorist of AI-Bader outfit
with the terrorists namely Ab. Gani Khawaja and Idress Ahmad Dar and
acquired arms/ammunition from them for carrying out the terrorist activities
in the area and also provided some arms/ammunition to the above OGWs
for carrying out the subversive activities in the same area ; and
7. Whereas, during investigation accused terrorist namely Idress
Ahmad Dar S/o Bashir Ahmad Dar R/o Nihama Kralgund was arrested in
connection with the case and during investigation one Pistol with Magazine
and five pistol cartridges were recovered from his possession ; and
8. Whereas, during the investigation it was revealed that the accused
persons namely Ab. Majid Dar and Mubashir Ahmad Dar were working as
OGWs for the terrorists of AI-Bader outfit and were providing logistic
support and transportation facilities to the terrorists of the outfit whileas,
accused Ishfaq Ahmad Pandith, Idress Ahmad Dar and Ab. Gani Khawaja
were active terrorists of Al-Bader outfit ; and No. 48-f] The J&K Official Gazette, 3rd March, 2021/12th Phal., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
9. Whereas, on the basis of investigation, statement of witnesses
recorded and other evidence collected, the Investigating Officer has
established prima facie involvement of below mentioned accused persons
in the commission of offences punishable under section as shown against
each of Unlawful Activities (Prevention) Act, 1967 as shown against :—
S. No. Name of the Accused Offence
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Ab. Majid Dar S/o Ab. Rashid Dar 16, 18, 23, 39
R/o Dangerpora ULA (P) Act
2. Mubashir Ahmad Dar S/o Gh. Mohi-ud-Din
Dar R/o Dangerpora
3. Ishfaq Ahmad Pandith S/o Rayees Ahmad 16, 18, 20, 23
Pandith R/o Bonpora, Dangerpora ULA (P) Act
4. Idress Ahmad Dar S/o Bashir Ahmad Dar 18, 20, 23
R/o Nihama, Kralgund, Handwara ULA (P) Act
5. Ab. Gani Khawaja S/o Mukhtar Ahmad 18, 20
R/o Kralgund, Handwara ULA (P) Act
10. Whereas, the accused Ab. Gani Khawaja is absconding and
proceedings under section 299 Cr. P. C. have been initiated against him ;
and
11. Whereas, the Authority appointed by the Government under
sub-section (2) of Section 45 of the ULA(P) Act, 1967 has independently
examined the case diary file and all the other relevant documents relating
to the case and has come to a conclusion that a prima facie case against
the accused has been made out ; and
12. Whereas after perusing the case diary, the relevant documents
and also taking into consideration views of the Authority appointed under
sub-section (2) of the Section 45 of ULA(P) Act, 1967, the Government is
of the view that there is sufficient material and evidence available against
the above referred accused for their prosecution under the relevant provisions
of law.
4 The J&K Official Gazette, 3rd March, 2021/12th Phal., 1942. [No. 48-f ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Now therefore, in exercise of powers conferred by sub-section (2) of
Section 45 ULA(P) Act, 1967 the Government hereby accord sanction for
launching prosecution against the above-mentioned accused for commission
of offence punishable under sections 16, 18, 20, 23, 39 ULA (P) Act in the
case FIR No. 237/2020 of Police Station, Sopore.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 3rd March, 2021/12th Phal., 1942. [ No. 48-g –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 3rd March, 2021.
SO-71.—Whereas, on 06-9-2020, Bandipora Police received reliable
information that some unknown persons had hoisted Pakistani National
Flag in Hajin area on the directions of LeT terrorist namely Mohammad
Saleem Parray @ Billa S/o Gh. Mohammad R/o Kan Mohalla Hajin ; and
2. Whereas, a Case FIR No. 35/2020 under sections 13, 18, 20, 23,
39 Unlawful Activities (Prevention) Act, 1967, came to be registered in
Police Station, Hajin and investigation of the case was set into motion ; and 2 The J&K Official Gazette, 3rd March, 2021/12th Phal., 1942. [No. 48-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 3. Whereas, during the course of investigation many Pakistani National Flags were seized from the Hajin Market by the Police. The site plan of place of occurrence, seizure memo was prepared and statement of witnesses acquainted with the facts and circumstances of the case were recorded under the relevant provisions of law ; and
4. Whereas, during investigation two persons namely Tanveer Ahmad Mir S/o Gh. Hassan Mir R/o Hajin and Mujeeb Shamus S/o Shamus-ud- Din Shah R/o Wandhama were found involved in the case. Subsequently both the accused were arrested in the case and during questioning one hand grenade was recovered from the possession of accused Tanveer Ahmad Mir ; and
5. Whereas, during further investigation the accused disclosed that on the directions of accused terrorist Mohammad Saleem Parray they had purchased piece of green and white cloth and prepared the Pakistani National Flags by the assistance of other accused namely Imtiyaz Ahmad Sheikh S/o Mohammad Sakinder Sheikh R/o Hajin. Subsequently he was arrested in the case as accused ; and
6. Whereas, during investigation it was revealed that the accused persons were working as OGWs for the terrorist of LeT outfit namely Mohammad Saleem Parray active in the area and were providing food/ logistic support to the terrorists for carrying out the terrorists activities in the Hajin area under the directions of the said LeT terrorist ; and
7. 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 offences punishable under section(s) as shown against each of Unlawful Activities (Prevention) Act, 1967 :—
3
S. No. Name of the accused person Offence –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Tanveer Ahmad Mir S/o Lt. Gh. Hassan 13, 18, 23, 39 Mir R/o Hajin ULA(P) Act
2. Mujeeb Shamus S/o Shams-ud-Din Shah 13, 18, 39
R/o Wandhama, Ganderbal, AP Mir Mohalla, ULA(P) Act
Hajin No. 48-g] The J&K Official Gazette, 3rd March, 2021/12th Phal., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
3. Imtiyaz Ahmad Sheikh S/o Mohd. Skinder
Sheikh R/o Hajin
4. Mohammad Saleem Parray @ Billa S/o Gh. 18, 20, 23
Mohammad R/o Kan Mohalla Hajin ULA(P) Act
8. Whereas, the accused Mohammad Saleem Parray is absconded,
therefore 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 prosecution against the
above-mentioned accused for the omission of offences punishable under
sections 13, 18, 20, 23, 39 ULA (P) Act, in the case FIR No. 35/2020 of
Police Station, Hajin.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 10th Sept., 2020/19th Bhad., 1942. [No. 24-c –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government—Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Srinagar, the 10th September, 2020.
SO-290.––Whereas, on 02-04-2020, Police, Sopore, had received a reliable information that the active terrorist of LeT outfit namely (1) Sajad Ahmad Mir @ Haider, (2) Aashiq War, (3) Naseer-u-Din Lone and (4) Aasif Aziz Reshi on the behest of PAK based commander were planning to carry out attack on Police/Security forces ; and 2 The J&K Official Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24-c –––––––––––––––––––––––––––––––––––––––––—–––—————––– 2. Whereas, during checking two suspects namely Waseem Ahmad Gojree S/o Gh. Mohi-ud-Din Gojree R/o Noorbagh and Junaid Rashid Ganie S/o Ab. Rashid Ganie R/o Model Town were arrested and one pistol with Magazine and five live cartridges were recovered from the possesion of accused Waseem Gujree and one UBGL with two UBGL grenades were recovered from the possesion of accused Junaid Rashid Ganie respectively ; and
3. Whereas, Case FIR No. 61/2020 under sections 18, 20, ULA (P) Act, came to be registered in police Station, Sopore, and investigation was set into motion ; and
4. Whereas, during the investigation site plan 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 relevant provisions of law ; and
5. Whereas, during investigation it was revealed that the accused persons Waseem Ahmad Gojree and Junaid Rashid Ganie, were affiliated with LeT outfit and were planning to carry out attacks on Police/Security forces under a well knit criminal conspiracy with other co-accused active terrorists ; and
6. Whereas, the accused terrorists (1) Sajad Ahmad Mir @ Haider, (2) Aashiq War, (3) Naseer-u-Din Lone and (4) Aasif Aziz Reshi are absconding and proceedings under section 299 Cr. PC. have been initiated against them ; and
7. Whereas, on the basis of investigation, statement of witnesses recorded and other evidence collected, the investigating officer has established prima facie involvement of the below mentioned accused persons in the commission of offences pnishable under Unlawful Activities (Prevention) Act, 1967 as shown against each accused as under :—
S. Name of the accused Offence
No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Waseem Ahmad Gojree S/o Ghulam 18, 20
Mohi-ud-Din Gojree R/o Noorbagh ULA (P) Act No. 24-c] The J&K Official Gazette, 10th Sept., 2020/19th Bhad., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Junaid Rashid Ganie S/o Abdul Rashid
Ganie R/o Model Town
3. Sajad Aahmad Mir @ Haider S/o Gh.
Qadir Mir R/o Brath Kallan (Active Terrorist)
4. Aashiq Hussain War S/o Mushtaq Ahmad
War R/o Warpora (Active Terrorist)
5. Naseer-u-Din Lone S/o Gh. Mohi-ud-Din
Lone R/o Gund Brath (Active Terrorist)
6. Aasif Aziz Reshi S/o Ab. Aziz Reshi R/o
Gund Chabootra (Active Terrorist)
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 appointed under sub-section (2) of section 45 of the view that there is sufficient material and evidence available against the above mentioned accused fot 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 sections 18, 20, of ULA (P) Act in the case FIR No. 61/2020 of Police Station, Sopore.
By order of the Government of Jammu and Kashmir.
(Sd.) ...................................
Principal Secretary to the Government, Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 2nd Sept., 2020/11th Bhad., 1942. [No. 22-i –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—FINANCE DEPARTMENT
Notification
Srinagar, the 2nd September, 2020.
SO-278.––In partial modification to SRO Notification SRO No. 431
of 2018 dated 25-09-2018 regarding budgetary support to the manufacturing
units in the shape of reimbursement of Integrated Goods and Service
Tax (IGST) under the scheme Jammu and Kashmir reimbursement of 2 The J&K Official Gazette, 2nd Sept., 2020/11th Bhad., 1942. [No. 22-i –––––––––––––––––––––––––––––––––––––––––—–––—————––– Integrated Goods and Service Tax for promotion of small/medium/large
scale Industries in the State of Jammu and Kashmir, the Government
hereby makes following amendments, namely :—
(i) in clause 3.2 after first proviso, following proviso shall be added,
namely :—
"Provided further that the claims of reimbursement shall be
entertained up to 31st of December, 2020 on the basis of
the scanned copies of e-Way bills duly stamped and verified
by the consignee and subsequently attested by the claimant
with a post dated cheque which shall be liable for
encashment in case of fraudulent claims."
(ii) in clause 5.1 following proviso shall be added, namely :—
"Provided further that for the period from 1st January, 2020
to 31st March, 2020, the eligible unit shall file an application
by or before 15th October, 2020 and for the period from
1st April, 2020 to 30th June, 2020, the eligible unit shall
file an application on prescribed format notified by
Commissioner, State Taxes Department on or before 15th
November, 2020."
(iii) in clause 6.2 following proviso shall be added, namely :—
"Provided if any claim is made on the basis of the tampered/
morphed/fake/forged scanned copies of e-Way bills the
incentive for the whole financial year shall be forfeited."
By order of the Government of Jammu and Kashmir.
(Sd.) DR. ARUN KUMAR MEHTA, IAS,
Financial Commissioner, Finance Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Mon., the 19th Oct., 2020/27th Asv., 1942. [No. 29-i –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
Notification
Srinagar, the 19th October, 2020.
SO-320.—In exercise of the powers conferred by sub-section (1)
of Section 20 of the Code of Criminal Procedure, 1973, the Government
hereby appoint officers mentioned in Annexure "A" to this notification to
be the Executive Magistrate(s), who shall exercise all the powers of an The J&K Official Gazette, 19th Oct., 2020/27th Asv., 1942. [No. 29-i
2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
Executive Magistrate within the territorial jurisdiction of their area till
Panchayat/Municipal Bye-Elections are over.
By order of the Government of Jammu and Kashmir.
(Sd.) ACHAL SETHI,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
–––––––
No. 29-i] The J&K Official Gazette, 19th Oct., 2020/27th Asv., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
Annexure-A to SO-320 dated 19-10-2020
S. No. Name of the Officer Designation
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Choudhary Masood Ahmad Subject Matter Specialist (DL)
2. Gh. Hassan Gorsi Subject Matter Specialist (iii)
3. Hilal Ahmad Malik Agriculture Extension Officer
4. Gh. Nabi Reshi Agriculture Extension Officer
5. Irshad Ahmad Ex. Engineer, KPDCL, Shopian
6. Mohd Ayoub Sheikh Divisional Forest Officer, Shopian
7. Ghulam Hassan Chief Agriculture Officer
8. Dr. Muneer Qurashi Chief Animal Husbandry Officer
9. Mohd Yousuf Dar Chief Horticulture Officer
10. Mr. Majid Tantray Assistant Commissioner, Labour
11. Gurmukh Singh District Youth Services and Sports
Officer
12. Mr. Ashraf Ali Dy. Director, Sericulture, Shopian
13. Ab. Rashid District Statistics and Evaulation
Officer
14. Mr. Majid Tantray Dy. Director, Employment, Shopian
15. Muzaffer Ahmad Mir Dy. Registrar, Cooperative, Shopian
16. Aijaz Ahmad Dar District Soil Conservation Officer,
Shopian
17. Muzaffer Ahmad Executive Engineer, Sports Council
18. Sahil Rashid Superintendent, ITI
19. Altaf Gowher Principal, Polytechnic The J&K Official Gazette, 19th Oct., 2020/27th Asv., 1942. [No. 29-i
4 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
1 2 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 20. Nisar Ahmad Sheikh Assistant Executive Engineer, R&B,
Zainapora
21. Er. Ghulam Mohd Bhat Assistant Executive Engineer, R&B,
Shopian
22. Rafiq Hussain Pandit Assistant Engineer, R&B, Shopian
23. Farooq Ahmad Reshi District Soil Conservation Officer,
Shopian (Agriculture)
24. Mohd Aslam Malik Assistant Engineer, REW
25. Nazir Ahmad Mir Assistant Engineer, REW
26. Zulfiqar Gh. Hassan Dar Assistant Engineer, REW
27. Showkat Ali Itoo Assistant Engineer, REW
28. Muhammad Zai-ul-Haq Assistant Engineer, REW
Malik
29. Abdul Majid Aziz District Mineral Officer, Shopian
30. Khursheed Ahmad Ganie District Officer Pollution Control
Board EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU & KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Mon., the 23rd Nov., 2020/2nd Agra., 1942. [No. 34-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 23rd November, 2020.
SO–355.—Whereas, on 23-05-2020, Police, Pulwama, received
reliable information that the accused person namely Mohammad Yousuf
Magray R/o Lassipora was working as OGW for the terrorist
organizations active in the area and was instigating the local youth to
join the terrorist ranks ; and 2 The J&K Official Gazette, 23rd Nov., 2020/2nd Agra., 1942. [No. 34-f ––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Whereas, it was also learnt that the accused was providing
logistic support to the terrorists and was involved in hatching conspiracy
against the Union of India by committing subversive activities in the
District of Pulwama ; and
3. Whereas, a Case FIR No. 41/2020/u/s 13, 18, 39 Unlawful
Activities (Prevention) Act 1967, came to be registered in Police Station,
Litter and investigation was set into motion ; and
4. Whereas, during the course of investigation the statement of
witnesses acquainted with the facts and circumstances of the case were
recorded under the relevant provisions of law, besides statement of
material witnesses were also recorded under section 164 Cr. P.C.; and
5. Whereas, during the investigation the accused Mohammad
Yousuf Magray was arrested and during investigation, the accused
disclosed that he was in close contact with an active terrorist namely
Ishfaq Ahmad Itoo operating in the area ; and
6. Whereas, during further course of investigation, it was revealed
that two other persons namely Athar Mushtaq Khan S/o Mushtaq
Ahmad Khan R/o Lassipora and Wajhat Mohi-u-Din Mir S/o
Gh.Mohi-u-Din Mir R/o Lassipora were also working as OGWs for the
said active HM terrorist Ishfaq Ahmad Itoo and they were ready to join
the terrorist ranks ; and
7. Whereas, during investigation it was also revealed that the
three accused were providing logistic support to active terrorist Ishfaq
Ahmad and information about the movement of security forces in the
area ; and
8. Whereas, the terrorist Ishfaq Ahmad Itoo has been eliminated
in an encounter and accordingly his name has been dropped from the
case ; and
9. 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 No. 34-f ] The J&K Official Gazette, 23rd Nov., 2020/2nd Agra., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– persons for commission of offences punishable under section as shown against each of Unlawful Activities (Prevention) Act, 1967 :—
S. No. Name of the accused Offence
————————————————————————————
1. Mohammad Yousuf Magray S/o 13, 18, 39
Lt. Ab. Gani Magray ULA(P) Act
R/o Lassipora.
2. Athar Mushtaq Khan S/o Mushtaq
Ahmad Khan R/o Lassipora.
3. Wajhat Mohi-ud-Din S/o Gh.
Mohi-ud-Din Mir R/o Lassipora.
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 offences punishable under sections 13, 18, 39 ULA(P) Act. in the case FIR No. 41/2020 of Police Station, Litter.
By order of the Government of Jammu and Kashmir.
(Sd.) ............................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Fri., the 4th June, 2021/14th Jyai., 1943. [No. 10-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 22nd April, 2021/Vaisakha 2, 1943 (Saka).
THE INDIAN MEDICINE CENTRAL COUNCIL (AMENDMENT) ORDINANCE, 2021
(No. 05 of 2021)
Promulgated by the President in the Seventy-second Year of the
Republic of India.
An Ordinance further to amend the Indian Medicine Council
Act, 1970.
WHEREAS, Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action.
2 The J&K Official Gazette, 4th June, 2021/14th Asad., 1943. [No.10-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
NOW, THEREFORE, in exercise of the powers conferred by clause (l) of Article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—
1. Short title and commencement.—(1) This Ordinance may be
called the Indian Medicine Council (Amendment) Ordinance, 2021.
(2) It shall come into force at once.
2. Amendment of Section 3A.—In Section 3A of the Indian Medicine Central Council Act, 1970 (48 of 1970), in sub-section (2), for the words "within a period of one year", the words "within a period of two years" shall be substituted.
RAM NATH KOVIND,
President.
———
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Mon., the 15th March, 2021/24th Phal., 1942. [No. 50-a –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—SOCIAL WELFARE
DEPARTMENT
Notification
Jammu, the 15th March, 2021.
SO-91.—WHEREAS, a draft of the Jammu and Kashmir Rights of
Persons with Disabilities Rules, 2020 was published as required by
sub-section (1) of Section 101 of the Rights of Persons with Disabilities
Act, 2016 on 22-06-2020 inviting objections and suggestions from all persons
likely to be affected thereby, before the expiry of thirty days from the date,
the draft rules were made available to public.
2 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— WHEREAS, objections and suggestions received from the public on
the said draft rules were considered by the Government.
Now, THEREFORE, in exercise of the powers conferred by
sub-section (1) of Section 101 of the Rights of Persons with Disabilities
Act, 2016 ( 49 of 2016), read with notification number SO-3870(E) dated
12th December, 2017 issued by the Government of India, Ministry of Home
Affairs, the Lieutenant Governor of Union Territory of Jammu and Kashmir
hereby makes the following rules; namely :—
CHAPTER I
Preliminary
1. Short title and commencement.—(1) These rules may be called
the Jammu and Kashmir Rights of Persons with Disabilities Rules, 2021.
(2) They shall come into force on the date of their publication in the
Official Gazette.
2. Definitions.—(1) In these rules, unless the context otherwise
requires,—
(a) "Act" means the Rights of Persons with Disabilities Act, 2016
(49 of 2016) ;
(b) "Certificate" means a certificate of disability issued by a
certifying authority referred to in sub-section (1) of section 57
of the Act ;
(c) "Certificate of registration" means a certificate of registration
issued by the competent authority under section 50 of
the Act ;
(d) "Form" means a form appended to these rules ; and
(e) "Government" means Government of the Union Territory of
Jammu and Kashmir ;
(f) "Section" means the section of the Act.
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
(2) Words and expression used herein and not defined but defined in
the Act shall have the meanings respectively assigned to them in the Act.
CHAPTER II
Rights and Entitlements
3. Establishment not to discriminate on the ground of
disability.—(1) The head of the establishment shall ensure that the
provision of sub-section (3) of Section 3 of the Act are not misused to deny
any right or benefit to persons with disabilities covered under the Act.
(2) On receipt of a complaint from an aggrieved person regarding
discrimination on the ground of disability, the head of the private
establishment employing twenty or more persons or a Government
establishment shall—
(a) initiate action in accordance with the provisions of the Act ; or
(b) inform the aggrieved person in writing as to how the impugned
act or omission is a proportionate means of achieving a legitimate
aim.
(3) If the aggrieved person, submits a complaint to the State
Commissioner for Persons with Disabilities, the complaint shall be disposed
of within a period of thirty days :
Provided that in exceptional cases, keeping in view the urgency of the
subject matter of the complaint, such as complaint may be disposed off in
a time period of less than thirty days, as decided by the State Commissioner.
(4) No establishment shall compel a person with disability to partly or
fully pay the costs incurred for reasonable accommodation.
4. State Committee for Research on disability.—(1) The
Committee for Research on Disability at the State Level shall consist of
the following members, namely :—
(a) Administrative Secretary, Health and Medical Education
Department, Government of Jammu and Kashmir or Head of
an Institution dealing in the field of Science and Medical 4 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— research to be nominated by the Government of Jammu and
Kashmir, ex officio-Chairperson ;
(b) Representative from the Directorate of Health Services,
Government of Jammu and Kashmir-Member ;
(c) Representative from Government Medical College, Jammu/
Srinagar, preferably a doctor with disability-Member ;
(d) Five members as representatives from a registered Union
Territory level organization representing each of the five groups
of specified disabilities in the Schedule of the Act, to be
nominated by the Government-Members :
Provided that at least one representative of the registered
organizations is a woman ;
(e) Representative from an autonomous institution in the field of
Disability under the Government-Member ;
(f) Director, Social Welfare, Jammu/Kashmir-Member-Secretary
(as may be notified by Social Welfare Department) ;
(2) The Chairperson may co-opt any expert in the subject matter of
disability in which the research is proposed.
(3) The term office of the nominated members shall be for a period
of three years from the date on which they enter upon office but the
nomination members shall be eligible for re-nomination for one more term.
(4) One half of the members shall constitute the quorum of the
meeting.
(5) The non-official members and special invitees shall be entitled
for travelling allowance and dearness allowance as admissible to a
Group-A or equivalent officer of the Government.
(6) The Committee shall be provided with such clerical and other
staff as the Government may consider necessary.
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 5. Person with disability not to be a subject of research.—No person with disability shall be considered to be a subject of research except when the research involves physical impact on his body.
6. Procedure to be followed by Executive Magistrate.—For the purposes of dealing with the complaints under section 7 of the Act, the Executive Magistrate shall follow the procedure provided in sections 133 to 143 of the Code of Criminal Procedure, 1973 (2 of 1974).
CHAPTER III
Limited Guardianship
7. Limited Guardianship.—(1) The Chief Judicial Magistrate on
its own or on an application filed by the person with disability, or through a blood relative or filed on behalf of the person with disability through a Government organization or a Registered organization under whose care the person with disability is residing, shall grant the support of a limited guardian to take a legally binding decision on behalf of the person with disability in consultation with such person.
(2) The Chief Judicial Magistrate, before granting the support of a limited guardian for the person with disability shall satisfy itself that such a
person is not in a position to take legally binding decision on one's own.
(3) The Chief Judicial Magistrate shall hold hearings to determine the legal capacity of the person with disabilities ; During such hearings, the
person with disabilities shall be present. If required, expert opinion shall be sought by the court to determine the legal capacity of the person with disabilities.
(4) The validity period for limited guardianship as appointed under sub-rule (1) shall be initially for a period of three years which can be further extended by the Chief Judicial Magistrate as the case may be :
Provided that the Chief Judicial Magistrate shall follow the same procedure will extending the validity of the limited guardianship as followed
while granting the initial guardianship.
(5) The Chief Judicial Magistrate shall take a decision preferably
within a period of one month from the date of receipt of an application
regarding grant of limited guardianship or from the date of coming to its 6 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— notice of the need of such limited guardianship ; provided that the consent
of the person to act as a limited guardianship :
Provided that the Chief Judicial Magistrate shall follow the same
procedure while extending the validity of the limited guardianship as followed
while granting the initial guardianship.
(6) While granting the support of such limited guardianship, the Court
shall consider a suitable person to be appointed as a limited guardian in the
following preference of merit, namely :—
(a) The parents or adult children of the person with disability ;
(b) Immediate brother or sister ;
(c) Other Blood relatives or care givers or prominent personality
of the locality ; and
(d) In case the family of the person with disability is not known-
Superintendent of the Government Institution or Incharge of
the Registered organization under whose care the person with
disability is residing, may be considered.
(7) Only those individuals who are over the age of 18 years and who
have not been previously convicted of any cognizable offence as defined in
the Code of Criminal Procedure, 1973 (1 of 1974) shall be appointed as a
limited Guardian.
(8) The limited guardian appointed under sub-rule (1) shall consult
the person with disability in all matters before taking any legally binding
decisions on behalf of the person with disability.
(9) The appointed limited guardian shall ensure that the legally binding
decisions taken on behalf of the person with disability are in the interest of
the person with disability.
8. Appellate Authority.—The Appellate Authority to appeal against
any decision of the Chief Judicial Magistrate for appointment of limited
Guardian under sub-rule (1) of rule 7, shall be the District Court.
9. Designated Authority.—The Deputy Commissioners of the
concerned District, Government of Jammu and Kashmir shall be the No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
designated authority under sub-section (l) of Section 15 of the Act to take
measures for creating social awareness to support persons with disabilities
in exercising their legal capacity.
CHAPTER IV
Education
10. Appointment of Nodal Officer.—A Nodal Officer shall be
designated in each Chief Education Office of the Department of School
Education, every urban local body and in both the Directorates of Social
Welfare within three months of the notification of these rules, to deal
with all matters relating to admission of children with disabilities and the
facilities to be provided to them in schools in accordance with the provision
of Sections 16 and 31 of the Act.
11. Terms and conditions of recognition of educational
institutions.—(1) The terms and conditions of grant of recognition to the
educational institutions by the competent authority in the Union Territory
may include the requirement to comply with the provisions of Section 16 of
the Act.
(2) The Government shall develop norms for recognition of special
schools run by the Government and private institutions within one year of
the notification of the rules.
(3) The Board of School Education, Jammu and Kashmir shall develop
training courses and also facilitate training of teachers in basic Braille, sign
language and special education within, one year of the notification of the
rules.
(4) The Board of School Education, Jammu and Kashmir shall
take steps to develop the syllabus and learning materials, including
material in braille, audio and visual formats, that are required for imparting
education to children with special needs, within six months of the notification
of these rules.
8 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— CHAPTER V
Employment and vacancies for persons with
Benchmark Disabilities
12. Manner of publication of equal opportunity policy.—
(1) Every establishment shall publish equal opportunity policy for persons
with disabilities within a period of six months from the notification of these
rules.
(2) The establishment shall display the equal opportunity policy
preferably on their website, failing which at conspicuous places in their
premises.
(3) The equal opportunity policy of a private establishment
having twenty or more employees and the Government establishments shall
inter alia, contain the following, namely :—
(a) Facilities and amenities to be provided to the persons with
disabilities to enable them to effectively discharge their duties
in the establishment ;
(b) list of posts identified suitable for persons with disabilities in
the establishment ; .
(c) the manner of selection of persons with disabilities for various
posts, post-recruitment and pre-promotion training, preference
in transfer and posting, special leave, preference in allotment
of residential accommodation, if any, and other facilities ;
(d) provisions for assistive devices, barrier-free accessibility and
other provisions for persons with disabilities ;
(e) appointment of liaison officer by the establishment to look after
the recruitment of persons with disabilities and provisions of
facilities and amenities for such employees.
(4) The equal opportunity policy of the private establishment having
less than twenty employees shall contain facilities and amenities to be
provided to the persons with disabilities to enable them to effectively discharge
their duties in the establishment.
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 13. Form and manner of maintaining records by the
establishments.—(1) Every establishment covered under sub-rule (3)
of rule 12, shall maintain records containing the following particulars,
namely :—
(a) the number of persons with disabilities who are employed and
the date from when they are employed ;
(b) the name, gender and address of persons with disabilities ;
(c) the nature of disability of such persons ;
(d) the nature of work being rendered by such employed person
with disability ; and
(e) the kind of facilities being provided to such persons with
disabilities.
(2) Every establishment shall produce records maintained under these
rules, to the District Level Committee on Disability for inspection on demand
and shall supply such information which may be required for the purpose of
ascertaining whether the provisions have been compiled with.
14. Manner of maintenance of register of complaints by the
Government establishments.—(1) Every Government establishment
shall appoint an officer not below the rank of a Gazetted Officer as Grievance
Redressal Officer :
Provided that where it is not possible to appoint any Gazetted Officer,
the Government establishment may appoint the senior most officers as a
Grievance Redressal Officer.
(2) The Grievance Redressal Officer shall maintain a register
of complaints of persons with disabilities with the following particulars,
namely :—
(a) date of complaint ;
(b) name of complainant ;
(c) name of the person who is enquiring the complaint ;
(d) place of incident ;
10 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (e) the name of establishment or person against whom the complaint
is made ;
(f) gist of the complaint ;
(g) documentary evidence, if any ;
(h) date of disposal by the Grievance Redressal Officer ;
(i) details of disposal of the appeal by the district level
committee ; and
(j) any other information.
15. Computation of vacancies.—(1) Every Government
establishment in order to give effect to the reservation provided to the
Persons with Disability as provided in Section 34 of the Act read with
SO-127 dated 20th April, 2020 shall take into account four per cent of the
total number of vacancies in the cadre strength in each group of posts, for
the purpose of computation of vacancies for the persons with benchmark
disabilities :
Provided that the reservation in promotion shall be in accordance with
the instructions issued by the appropriate Government from time to time.
(2) Every Government establishment shall maintain a vacancy based
roster for the purpose of calculation of vacancies for persons with
benchmark disabilities in the cadre strength as per the instructions issued
by the appropriate Government from time to time.
(3) While issuing advertisement to fill up vacancies, every Government
establishment shall indicate the number of vacancies reserved for each
class of persons with benchmark disabilities in accordance with the provisions
of section 34 of the Act.
(4) The reservation for persons with disabilities in accordance
with the provisions of Section 34 of the Act shall be horizontal and the
vacancies for persons with benchmark disabilities shall be maintained as a
separate class.
16. Interchange of vacancies.—The Government establishment
shall interchange vacancies in accordance with the provisions of Section 34 No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 11 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— of the Act, only if due process of recruitment to fill up the vacancies reserved for persons with benchmark disabilities has been complied with.
17. Submission of returns on vacancies.—Every Government establishment shall furnish returns on the vacancies as prescribed by the Central Government in the Rights of Persons with Disability Rules, 2017.
18. Form in which Record to be kept by an employer.—Every Government Establishment shall maintained the record of Employee with disabilities as prescribed by the Central Government in the Rights of Persons with Disability Rules, 2017.
CHAPTER VI
Assistance to Persons with High Support Needs
19. (1) Any person with benchmark Disability who is having High Support Needs or any person or organization on behalf of such person with benchmark disability may approach the District Social Welfare Officer of the district in which he ordinarily resides, who shall refer the case to the Assessment Board consisting of such members as may be prescribed by the Central Government.
(2) The Government of Jammu and Kashmir shall frame schemes to provide assistance to persons with benchmark disabilities having High Support Needs, within six months of the notification of these rules wherein clear time limits are set for provision of the assistance :
Provided that the schemes referred above, shall be framed after the Central Government prescribes the constitution of the Assessment Board and the manner of assessment.
CHAPTER VII
Accessibility
20. Rules for accessibility.—(1) Every establishment shall comply with the following standards relating to physical environment, transport and information and communication technology, namely :—
(a) standard for public buildings as specified in the Harmonised Guidelines and Space Standards for Barrier Free Built Environment for Persons with Disabilities and Elderly Persons as issued by the Government of India, Ministry of Urban
Development in March, 2016 ;
12 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— b. standard for Bus Body Code for transportation system as
notified by the Government of India, Ministry of Road Transport and Highways vide notification number GSR 895 (E), dated the 20th September, 2016 ;
c. Information and Communication Technology ;
i. website standard as specified in the guidelines for Indian Government websites, as adopted by Department of Administrative Reforms and Public Grievances, Government of India ;
ii. documents to be placed on websites shall be in Electronic Publication (ePUB) or Optical Character Reader (OCR) based pdf format.
(2) The respective Departments shall ensure compliance of the standards of accessibility specified under this rule through the concerned domain regulators or otherwise.
CHAPTER VIII
Certificate of Registration of Institution
21. The Joint Director in the Directorates of Social Welfare, Kashmir/ Jammu Government of Jammu and Kashmir shall be the competent authority under section 49 for the purpose of registration of Institutions for Persons with Disabilities and grants to such Institutions :
Provided that in case no person is occupying the post of Joint Director the competent authority, shall be the person occupying the post next in the hierarchy.
22. Application for, and grant of certificate of registration.— (1) A person desirous of establishing or maintaining an institution for person with disabilities may make an application in Form-A to the competent authority referred to in rule 21.
(2) Every application made under sub-rule (1) shall be accompanied
with,—
a. documentary evidence of work or proposed work in the area
of disability ;
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 13 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
b. the Constitution or bye-laws or regulations governing the
institution ;
c. audited statement annual report and details of grants received
if any in the last three years from the Government, preceding
the date of application ;
d. a statement regarding total number of persons employed in the
Institution along with their respective duties ;
e. the number of professionals employed in the Institution ;
f. a statement regarding qualifications of the professionals
employed by the Institution ; and
g. the proof of residence of the applicant.
(3) Every application made under sub-rule (l) shall comply the
following requirements in respect of the concerned institution, namely :—
a that the institution is registered under the Indian Societies
Registration Act, 1860 (XXI of I860)/Indian Trust Act and a
copy of such registration certificate/trust deed along with the
bye-laws and memorandum of association of the society shall
accompany the application.
b. that the institution has not been running to profit any individual
or a body of individuals ;
c. that the institution has employed professionals registered with
the Rehabilitation Council of India to cater to the special needs
of Persons with disabilities ;
d. that the institution has adequate teaching and learning material
in accessible format for the persons with disabilities ;
e. that the institution is working or proposing to work in the field
of rehabilitation of persons with disabilities on the date on which
the application is made.
14 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (4) The certificate of registration under this rule, unless revoked under
section 52 of the Act, stall remain in force for a period of five years from
the date on which it is granted or renewed.
(5) An application for the renewal of certificate of registration shall,
be made in the same manner as the application for grant of certificate
under sub-rule (1) accompanied with the previous certificate of registration
and a statement that the applicant as applying for renewal of the certificate
so accompanied :
Provided that such application shall be made before sixty days of the
expiry of the validity of such certificate :
Provided further that the competent authority may consider application
for renewal of the certificate of registration after 60 days but not less than
120 days, if he is satisfied that sufficient reasons have been provided for
such delay.
(6) If the application for renewal of certificate of registration is made
before its expiry as specified in the proviso to sub-rule (5), the certificate of
registration shall continue to be in force until orders are passed on the
application and the certificate of registration shall be deemed to have expired
if application for its renewal is not made within sixty days as specified in
the said proviso.
(7) Every application made under sub-rule (1) or sub-rule (5), in which
the competent authority referred to in sub-section (1) of Section 51 of the
Act, is satisfied that the requirements for grant of certificate of registration
under the Act and these rules have been complied with, shall be disposed
of by it within a period of ninety days thereafter.
(8) Form of issue of Certificate of Registration, refusal and
revocation,—
(a) Upon making suitable enquires into the functioning of the
organization and being satisfied that the organization can be
registered under the provisions of Section 51, the competent No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 15 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
authority shall issue the Certificate of registration to the
organization in Form-B.
(b) The competent authority may refuse to grant the certificate of
Registration after suitable enquires and the same shall be
communicated to the organization within a period of ninety
days of its application for registration in Form-C :
Provided that such communication shall be preceded by the
granting of opportunity to the applicant organisation to state its
case before the competent authority on a date not later than 15
days from the date of issue of the letter intimating the grant of
opportunity.
(c) A certificate of Registration granted under section 51 of the
Act may be revoked by the competent authority under provisions
of sub-section (1) of Section 52 of the Act and such revocation
shall be communicated to the organization in Form-D.
23. Appeal against the order of competent authority.—Any
person aggrieved by the order of the competent authority referred to in
sub-section (1) of Section 51 of the Act, refusing to grant a certificate of
registration or revoking a certificate of registration may, within thirty days
from the date of the order, prefer an appeal against that order to the Director,
Social Welfare Department, Jammu/Kashmir who shall function as appellate
authority under sub-section (1) of Section 53 of the Act. The Director,
Social Welfare Department, Jammu/Kashmir as the case may be, may
after such enquiry into the matter as is considered necessary and after
giving the appellant an opportunity of hearings, make such order as deemed
fit :
Provided that wherean order is issued by the Director, Social Welfare,
as the competent authority, any appeal against such order shall be heard
and decided by the Administrative Secretary, Social Welfare Department.
16 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— CHAPTER IX
Certificate of Disability
24. Application for certificate of disability.—(1) Any person with
specified disability, may apply in Form-I for a certificate of disability, and
submit the application to,—
a. a medical authority or any other notified competent authority
to issue such a certificate in the district of residence of the
applicant as mentioned in the proof of residence in the
application ;
b. the concerned medical authority in a Government hospital
where the person with specified disability may be undergoing
or may have undergone treatment in connection with such
disability :
Provided that where a persons with disability is a minor or having
intellectual disability or any other disability which renders the persons with
disability unfit or unable to make such an application, the application on
behalf of the person with disability may be made by the legal guardian of
such a person with disability or the authorized representative of a
Government organization having the person with disability under its care or
any organization registered under the Act having the person with disability
under its care.
(2) The application shall be accompanied by,—
(a) proof of residence ;
(b) two recent passport size photographs ; and
(c) Aadhar number or aadhar enrollment number, if any.
Note :—No other proof of residence shall be demanded from the applicant
who has aadhar or aadhar enrollment number.
25. The Department of Health and Family Welfare, Government of
Jammu and Kashmir shall notify the certifying authorities who shall be
competent to issue a certificate of disability and the jurisdiction and competent
to issue a certificate of disability and the jurisdiction and terms and conditions No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 17 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
subject to which the certifying authority shall perform its certification
functions as per the provisions of sub-sections (1) and (2) of Section 57 of
the Act.
26. Issue of certificate of disability.—(1) On receipt of an
application under rule 24, the medical authority or any other notified
competent authority shall, verify the information as provided by the applicant
and shall assess the disability in terms of the relevant guidelines issued by
the Central Government and after satisfying itself that the applicant is a
person with disability, issue a certificate of disability in favour of the applicant
in Form-II, III & IV as the case may be.
(2) The medical authority shall issue the certificate of disability within
a month from the date of receipt of the application.
(3) The medical authority shall, after due examination,—
(i) issue a permanent certificate of disability in cases where there
are no chances of variation of disability overtime in the degree
of disability ; or
(ii) issue a certificate of disability indicating the period of validity,
in cases where there is any chance of variation overtime in the
degree of disabilities.
(4) If an applicant is found ineligible for issue of certificate of disability,
the medical authority shall convey the reasons to the applicant in writing
under Form-V within a period of one month from the date of receipt of the
application.
27. Validity of certificate issued under rule 26.—A person to
whom the certificate is issued under rule 26 shall be entitled to apply for all
facilities, concessions and benefits admissible for persons with disabilities
under schemes of the Government and of non-Governmental organizations
funded by the Government.
28. Validity of certificate of disability issued under the repealed
Act.—The certificate of disability issued under The Jammu and Kashmir
Persons with Disabilities Act, 2018 shall continue to bo valid after
commencement of the Act for the period specified therein.
18 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 29. Appeal against the decision of the authority issuing
certificate of disability.—(1) Any person aggrieved with the decision of
the certifying authority issuing the certificate of disability may within ninety
days from the date of the decision, prefer an appeal to the appellate authority
as notified by the Government of Jammu and Kashmir for the purpose
under sub-section (1) of Section 59 of the Act in the following manner :—
a. The appeal shall contain brief background and the grounds for
making the appeal ;
b. The appeal shall be accompanied by a copy of the order of
rejection issued by the certifying authority :
Provided that where a person with disability is a minor or having any
disability which renders the person with disability unfit to make such an
appeal the appeal on behalf of the person with disability may be made by
his legal or limited guardian as the case may be.
(2) On receipt of such an appeal, the appellate authority shall provide
the appellant an opportunity to present the appellant's case and thereafter
pass such reasoned and detailed order as it may deem appropriate.
(3) Every appeal preferred under sub-rule (1) shall be decided as
expeditiously as possible and not later than a period of sixty days from the
date of receipt of the appeal.
CHAPTER X
Allowances for the Members of State Advisory Board
30. The Non-official Members of the State Advisory Board on
disability shall be paid an allowance of rupees one thousand per day for
each day of the actual meetings of the said board.
31. Notice of the meeting.—(1) The meetings of the State Advisory
Board on disability constituted under sub-section (1) of Section 66 of the
Act (hereinafter in this Chapter referred to as 'the Board') shall ordinarily
be held in the office/meeting hall of the Chairperson on such dates as may
be fixed by the Chairperson :
Provided that it shall meet at least once in every six months.
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 19 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
(2) The Chairperson of the Board shall, upon the written request of
not less than ten members of the Board, call a special meeting of the Board.
(3) Fifteen clear days notice of an ordinary meeting and five clear
days' notice of a special meeting specifying the time and the place at which
such meeting to be held and the business to be transacted thereat, shall be
given by Member-Secretary of the Board to the members of the Board.
(4) Notice of a meeting may be given to the members of the Board
by delivering the same to them by messenger or sending it by registered
post to their respective last known places of residence or business or by
email or in such other manner as the Chairperson of the Board may, in the
circumstances of the case, thinks fit.
(5) No member of the Board shall be entitled to bring forward for the
consideration of the meeting any matter of which the member has not
given ten clear days' notice to the Member-Secretary of the Board, unless
permission is granted to the member to do so on the discretion of the
Chairperson of the Board.
(6) The Board may adjourn its meeting from day to day or any
particular day as under :—
(a) Where a meeting of the Board is adjourned from day to day,
notice of such adjourned meeting shall he given, to the
members of the Board available at the place where the meeting
which was adjourned was to he held and it shall not be necessary
to give notice of the adjourned meeting to the rest of the
members ;
(b) Where a meeting of the Board is adjourned not from day to
day but from the day on which the meeting is to be held to
another date, notice of such meeting shall be given to all the
members of the Board in the manner as specified in sub-rule (4).
32. Presiding Officer.—The Chairperson of the Board shall preside
at every meetmg of the Board and in the absence of the Chairperson, the 20 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Vice-Chairperson thereof shall preside, but when both the Chairperson and
the Vice-Chairperson of the Board are not present in the meeting, the
Chairperson may nominate any elected representative (member)/senior most
official member to preside over the meeting. Where no such nomination is
provided, the members of the Board shall select one of the members to
preside at that meeting.
33. Quorum.—(1) One-third of the total members of the Board shall
form the quorum for any meeting.
(2) If at any time fixed for any meeting or during the course of any
meeting less than one-third of the total members of the Board are present,
the Chairperson thereof may adjourn the meeting to such hours on the
following or on some other future date as may be fixed by the Chairperson.
(3) No quorum shall be necessary for the adjourned meeting of the
Board.
(4) No matter which had not been on the agenda of the ordinary or
the special meeting of the Board, as the case may be, shall be discussed at
its adjourned meeting.
(5) (a) Wher e a meeting of the Boar d is adjourned under
sub-rule (2) for want of quorum to the following day, notice
of such adjourned meeting shall be given to the members of
the Board available at the place where the meeting which
was adjourned was to be held and it shall not be necessary to
give notice of the adjourned meeting to other members ; and
(b) Wher e a meeting of the Boar d is adjourned under
sub-rule (2) for want of quorum not to the following day, but
on a date with sufficient gap, notice of such adjourned meeting
shall be given to all the members of the Board in the manner
as specified in sub-rule (4) of rule 31.
34. Minutes.—(1) Record shall be kept of the names of all the
members of the Board who attended the meeting of the Board and of the
proceedings at the meetings in a book to be maintained for that purpose by
the Member-Secretary of the Board.
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— (2) The minutes of the previous meeting of the Board shall be read at
the beginning of every succeeding meeting, and shall be confirmed and
signed by the presiding officers at such meeting.
(3) The proceedings shall be open to inspection by any member of
the Board at the office of the Member-Secretary of the Board during office
hours.
35. Business to be transacted at meeting.—Except with
the permission of the Presiding Officer, no business which is not entered
in the agenda or of which notice has not been given by a member under
sub-rule (5) of rule 31 shall be transacted at any meeting of the Board.
36. Agenda for the meeting of the State Advisory Board.—At
any meeting of the Board, business shall be transacted in the order in which
it is entered in the agenda, unless otherwise resolved in the meeting with
the permission of the Presiding Officer :
Provided that either at the beginning of the meeting of the Board or
after the conclusion of the debate on a motion during the meeting, the
Presiding Officer or a member of the Board may suggest a change in the
order of business as entered in the agenda and if the Chairperson of the
Board agrees, such a change shall take place.
37. Decision by majority.—All questions considered at a meeting
of Board shall be decided by a majority of votes of the members of the
Board present and voting and in the vent of equality of votes, the Chairperson
of the Board, or in the absence of the Chairperson, the Vice-Chairperson
of the Board or in the absence of both the Member presiding at the meeting,
as the case may be, shall have a second or casting vote.
38. No proceeding to be invalid due to vacancy or any defect.—
No proceeding of the Board shall be invalid by reasons of existence of any
vacancy in or any defect in the constitution of the Board.
39. District Level Committee.—The District Level Committee
on disability referred to in Section 72 of the Act, shall consist of the following
persons, namely :—
(i) District Magistrate/Deputy Commissioner, concerned
District...........................Ex-officio Chairperson ;
22 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (ii) Chief District Medical Officer...............................Member ;
(iii) Psychiatrist of a District Hospital...........................Member ;
(iv) Public Prosecutor of the District............................Member ;
(v) Assistant Labour Commissioner ............................Member ;
(vi) One representative from each Local Body, ICDS Project, and
Public Works Department of the Government of Jammu and
Kashmir....................Member ;
(vii) Representative of a Registered Organization having at
least five years experience of working in the field of
disability to be nominated by District Social Welfare Officer
concerned........................Member ;
(viii) Person with disabilities as defined in clause(s) of Section 2 of
the Act.......................................Member ;
(ix) Any other member as invited by the Chairperson
.........................Member ;
(x) District Social Welfare Officer, concerned
District............................Member-Secretary ;
(2) The District Level Committee for each District shall be by an
order issued by the Deputy Commissioner of the District and its tenure
shall be for a period of three years from the date of its constitution.
40. Functions of the Committee.—The District Level Committee
on disability shall perform the following functions, namely :—
a. advise the District authorities on matters relating to rehabilitation
and empowerment of persons with disabilities ;
b. monitor the implementation of the provisions of the Act and
the rules ;
c. assist the District authorities in implementation of schemes and
programmes of the Government for empowerment of persons
with disabilities ;
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 23 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
d. look into the complaints relating to non-implementation of the
provisions of the Act by the District authorities and recommend
suitable remedial measures to the concerned authority to redress
such complaints ;
e. look into the appeal made by the employees of Government
establishments aggrieved with the action taken by the District
level establishments under sub-section (4) of Section 23 of the
Act and recommend appropriate measures ; and
f. any other functions as may be assigned by the Government of
Jammu and Kashmir.
CHAPTER XI
State Commissioner for Persons with Disabilities
41. Qualification for appointment of State Commissioner.—A
person shall not be qualified to be appointed as a State Commissioner for
Persons with Disability under sub-section (1) of Section 79 of the Act unless
the person :—
(i) has special knowledge or practical experience in respect
of the matters relating to rehabilitation of persons with
disabilities ;
(ii) has not attained the age of sixty years on the 1st January of
the year in which the last date for receipt of applications, as
specified in the advertisement inviting applications for
appointment of the Union Territory Commissioner, occurs ;
(iii) if in service under the Central Government or a State/Union
Territory Government, shall seek retirement from such service
before being appointed to the post ; and
(iv) possesses the following educational qualifications and
experience, namely :—
(a) Educational qualifications—
(i) Essential : Graduate from a recognized university ;
24 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (ii) desirable : recognized degree or diploma in social work or law or management or human lights or rehabilitation or education of disabled persons.
(b) Experience : at least twenty years experience in a
Group 'A" Level or equivalent post,—
(i) in Central or State Government ; or
(ii) Public Sector Undertakings or Semi Government or
Autonomous Bodies dealing with disability related matters or social sector ; or
(iii) works in the capacity of a senior level functionary in a
registered Union Territory or national or international level voluntary organization working in the field of disability or social development :
Provided that out of the total twenty years experience mentioned in this sub-clause, at least ten years of experience in the recent past had been in the field of empowerment of persons with disabilities.
42. Mode of appointment of the State Commissioner.—(l) At least six months before the post of State Commissioner is due to fall vacant, an advertisement shall be published in at least two national or Union Territory level daily newspapers, one in English and the other in the vernacular language inviting applications for the post from eligible candidates fulfilling
the criteria mentioned in rule 41.
(2) A Search-cum-Selection Committee shall be constituted by the Government of Jammu and Kashmir to recommend to it a panel of three
suitable candidates for the post of the State Commissioner.
(3) Composition of the Search-cum-Selection Committee.— The Search-cum-Selection Committee shall be headed by the Chief
Secretary and shall consist of Administrative Secretary, Social Welfare
Department, Health and Family Welfare Department, School Education
Department and Divisional Commissioner, Jammu/Kashmir.
(4) The panel recommended by the Search-cum-Selection Committee
under sub-rule (2) may consist of persons from amongst those who have
applied in response to the advertisement made under sub-rule (1) as well No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 25 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
as from other willing eligible persons in the employment of Central or State
Government whom the Committee may consider suitable.
(5) The Government shall appoint one of the candidates out of the
panel recommended by the Search-cum-Selection Committee under
sub-rule (2) as the State Commissioner.
43. Term of the State Commissioner.—(1) The State
Commissioner shall be appointed on full-time basis for a period of three
years from the date of assumption of office, or till the attainment of the age
of sixty-five years, whichever is earlier.
(2) A person may serve as State Commissioner for a maximum of
two terms, subject to the upper age limit of sixty-five years.
44. Salary and allowances of the State Commissioner.—
(1) Salary and allowances of the State Commissioner shall be the salary
and allowances as admissible to a Secretary to the Government of Jammu
and Kashmir.
(2) Where a State Commissioner, being a retired Government servant
or a retired employee of any institution or autonomous body funded by the
Central or State Government, is in receipt of pension in respect of such
previous service, the Salary admissible to the State Commissioner under
these rules shall be reduced by the amount of the pension and if in lieu of a
portion of the pension, the commuted value thereof has been received, by
the amount of such commuted portion of the pension.
45. Other terms and conditions of service of the State
Commissioner.—The other terms and conditions of service of State
Commissioner shall be such as specified below, namely :—
a. Leave : The State Commissioner shall be entitled to such leave
as is admissible to Group 'A' officer under the relevant provisions of the Jammu and Kashmir Civil Service Rules applicable on them.
b. Leave Travel Concession : The State Commissioner shall be entitled to such Leave Travel Concession as is admissible to Group 'A' officers under relevant provisions of the Jammu and Kashmir Civil Service Rules applicable on them.
26 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— c. Medical Benefits : The State Commissioner shall be entitled
to such medical benefits as is admissible to Group 'A' officers
under the relevant provisions of the Jammu and Kashmir Civil
Service Rules applicable on them.
46. Resignation and removal.—(1) The State Commissioner may
resign from the post by giving a notice in writing, addressed to the
Government. However, the Commissioner shall continue to remain in office
until his/her resignation is accepted by the Government.
(2) The Government shall remove the person appointed to the office
of the State Commissioner, if the person,—
(a) becomes an undischarged insolvent ; or
(b) engages during the term in office in any paid employment or
activity outside the duties of the office ; or
(c) is convicted and sentenced to imprisonment for an offence
which in the opinion of the Government involves moral
turpitude ; or
(d) is in the opinion of the Government, unfit to continue in office
by reason of serious default in the performance of functions of
the State Commissioner as laid down in the Act ; or
(e) without obtaining leave of absence from the Government of
Jammu and Kashmir remains absent from duty for a
consecutive period of fifteen days or more ; or
(f) has, in the opinion of the Government so abused the position of
the State Commissioner as to render continuance in the office
detrimental to the interest of persons with disability :
Provided that no State Commissioner shall be removed from office
under this rule except after following the procedure, mutatis mutandis,
applicable for removal of a Group 'A' officer of the Government.
(3) The Government may suspend a State Commissioner, in respect
of whom proceedings for removal have been commenced in accordance
with sub-rule (2), pending conclusion of such proceedings.
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 27 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 47. Residual provision.—The other conditions of service of the
State Commissioner, in respect of which no express provision has been
made in these rules, shall be determined by the rules and orders for the time
being applicable to the Secretary to the Government.
48. Advisory Committee to assist the State Commissioner.—
(1) The Government of Jammu and Kashmir shall appoint an Advisory
Committee comprising five experts to represent each of the five groups of
specified disabilities mentioned in the Schedule to the Act, of whom two
shall be women.
(2) The State Commissioner may invite subject or domain expert as
per the need who shall assist the State Commissioner in meeting or hearing
and in preparation of the report.
(3) The tenure of the members of the Advisory Committee shall be
for a period of three years and the members shall not be eligible for
re-nomination.
(4) The non-official members of the Advisory Committee shall be
paid an allowance of rupees one thousand per day for each day of the
actual meeting. The revision of allowances shall be considered after two
years or at such interval as Government may deem appropriate, whichever
is later.
49. Procedure to be followed by State Commissioner.—(1) A
complainant may present a complaint containing the following particulars
in person or through an agent to the State Commissioner or send it by
registered post or by email addressed to the Union Territory Commissioner,
namely :—
a. the name, description and the address of the complainant ;
b. the name, description and the address of the opposite
party or parties, as the case may be, so far as they may be
ascertained ;
c. the facts relating to complaint and when and where it arose ;
d. documents in support of the allegations contained in the
complaint ; and 28 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
e. the relief which the complainant claims.
(2) The State Commissioner on receipt of a complaint shall refer, a
copy of the complaint to the opposite party or parties mentioned in the
complaint directing to submit then version of the case within a period of
thirty days or such extended period not exceeding fifteen days as may be
granted by the State Commissioner.
(3) On the date of hearing or any other date to which hearing could
be adjourned, the parties or their agents shall appear before the State
Commissioner.
(4) Where the complainant or the complainant's agent fails to appear
before the State Commissioner on such days, the State Commissioner may
either dismiss the complaint on default or decide on merits.
(5) Where the opposite party or the opposite party's agent fails to
appear on the date of hearing, the State Commissioner may take such
necessary action under section 82 of the Act as he deems fit for summoning
and enforcing the attendance of the opposite party.
(6) The State Commissioner may dispose of the complaint ex-parte,
if necessary.
(7) The State Commissioner may on such terms as deemed fit and at
any stage of the proceedings, adjourn the hearing of the complaint.
(8) The State Commissioner shall decide the complaint as far as
possible within a period of three months from the date of receipt of notice
by the opposite party.
50. Submission of annual reports.—(1) The State Commissioner
shall as soon as may be possible after the end of the financial year, but not
later than the 30th day of September in the next year ensuing, prepare and
submit to the Government, an annual report giving a complete account of
activities of the office of the State Commissioner during the said financial
year.
(2) In particular, the annual report referred to in sub-rule (1) shall be
in the form so that the details of separate matters be provided under separate No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 29 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
heads inter alia containing therein information in respect of each of the
following matters, namely :—
(a) names of officers and employees in the office of the State
Commissioner and a chart showing the organizational set up ;
(b) the functions which the State Commissioner has been
empowered with under the Act and the highlights of the
performance in this regard ;
(c) the main recommendations made by the Union Territory
Commissioner ;
(d) progress made in the implementation of the Act in the State of
Jammu and Kashmir ; and
(e) any other matter deemed appropriate for inclusion by the State
Commissioner or specified by the Government from time to
time to be included in the report.
CHAPTER XII
Public Prosecutor
51. Appointment of Public Prosecutor.—(1) The Public
Prosecutor to be appointed under section 85 of the Act in every Special
Court shall have,—
a. practical experience of handling cases preferably of persons
with disabilities ;
b. experience at the Bar of not less than seven years ; and
c. shall be well versed with local language and customs.
(2) The fee and other remunerations of the Special Public Prosecutor
specified or appointed under sub-section (1) of Section 85 of the Act shall
be such as may be notified by the Government.
30 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— CHAPTER XIII
Union Territory Fund for Persons with Disabilities
52. Union Territory Fund for persons with disabilities and its
management.—(1) There shall be credited to the State Fund for persons
with disabilities hereinafter referred to as 'the Union Territory Fund'—
a. all sums received by State Commissioner by way of grant,
gifts, donations, benefactions, bequests or transfers ;
b. all sums received from the Government including grants-in-aid ;
and
c. all sums received from Corporate houses/PSUs under CSR
or from such other sources as may be decided by the
Government ;
d. All sums received from the Government by way of 'Permanent
Corpus'.
(2) There shall be a governing body consisting of following members
to manage the Union Territory Fund, namely :—
(a) Administrative Secretary, Department of Social Welfare -
Chairperson ;
(b) One representative from the Department of Finance ;
(c) One representative from the Department of Planning
Development and Monitoring Department ;
(d) One representative of the Department of Health and Family
Welfare ;
(e) One representative of the Department of School Education ;
(f) One representative of the Department of Rural
Development ;
(g) One representative of the Department of Housing and Urban
Development (not below the rank of a Additional
Secretary)............................Members ;
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 31 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
(h) two persons representing different types of disabilities to be
nominated by the Government of Jammu and Kashmir, by
rotation-Members ;
(i) Director(s), Social Welfare, Jammu/Kashmir-Convener and
Chief Executive Officer (as may be notified by the UT
Government).
(3) The governing body shall meet as often as necessary, but at least
once in every financial year.
(4) The nominated members shall hold office for not more than three
years.
(5) No member of the governing body shall be a beneficiary of the
Fund during the period such Member holds office.
(6) The nominated non-official members shall be eligible for payment
of travelling allowance and dearness allowance as admissible to a Group-A
officer of the Government for attending the meetings of the governing body.
(7) No person shall be nominated under clause (b) and (c) of
sub-rule (2) as a member of the governing body who—
(a) is, or has been, convicted of an offence, which in the opinion of
the Government involves moral turpitude ; or
(b) is, or at any time has been, adjudicated as an insolvent.
53. Utilization of the Union Territory Fund.—(1) The Union
Territory Fund shall be utilized for the following purposes, namely :—
a. financial assistance in the areas which are not specifically
covered under any scheme and programme of the Government
of Jammu and Kashmir ;
b. administrative and other expenses of the Fund, as may be
required to be incurred by or under the Act ; and
c. such other purposes as may be decided by the governing body.
32 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (2) Every proposal of expenditure shall be placed before the governing
body for its approval.
(3) The governing body may appoint secretarial staff including
accountants with such terms and conditions as it may think appropriate to
look after the management and utilization of the Union Territory Fund based
on need based requirement.
(4) The Union Territory Fund shall be invested in such manner as
may be decided by the governing body.
54. Budget.—The Chief Executive Officer of the Union Territory
Fund shall prepare the budget for incurring expenditure under the Union
Territory Fund in each financial year showing the estimated receipt and
expenditure of the Fund, in January every year and shall place the same for
consideration of the governing body.
55. Annual Report.—The annual report prepared by the Union
Territory Commissioner for persons with Disabilities shall include a chapter
on the Union Territory Fund.
By order of the Lieutenant Governor of Jammu and Kashmir.
(Sd.) BIPUL PATHAK, IAS,
Principal Secretary to the Government.
–––––––
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 33 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— FORM-A
Application for Certificate of Registration
[See rule 22(1) of Jammu and Kashmir Rights of Persons with
Disabilities Rules, 2020]
(1) Name of the Organization :_____________________________
(2) Institution/Project in respect of which application is made :______
________________________________________________
a. Address and Ph. No. (Registered Office) : ______________
b. Name of Project Office : __________________________
c. Address (Project Office) : _________________________
d. Phone/Fax/Telex/(Office)/email id : ___________________
(3) (i) Name of the Act under which the organization is registered :____
(ii) Registration No. and date of registration :________________
(Please attach a photocopy)
(4) Memorandum of Association and Bye-laws of the organization :____
(please attach a photocopy)
(5) Name, address, occupation and other particulars of the members of the Board of Management/Governing Body of the organization :____
(6) Present activities of the Organization : ____________________
(7) List of documents to be attached—
(a) A copy of the annual reports for the last three years ;
(b) Audited statement of accounts (receipt and payment, income and expenditure and Balance Sheet) for the last three financial years duly certified by Chartered Accountant with membership number and seal.
(8) Nature of the organization :
(Please indicate precisely whether it is educational or training or residential institution or a workshop for visually/hearing impaired/
physically challenged/mentally challenged persons, etc.) 34 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (9) Whether the institution is located in its own building/rented building/building allotted by any agency) : (Necessary evidence to be attached) :_________________________.
(10) If hostel is maintained, then number of hostellers : _____________
(11) Details of barrier free environment for persons with disabilities :
(a) Area of the Building :_____________________________
(b) Rooms available for activities/residential use :____________
(c) Rooms for administrative use :_______________________
(d) No. of accessible toilets :___________________________
(e) Other accessible features available (lift/ramp/tacile path/ railing)
: _____________________________________
(f) Whether accessible transport facility available :___________
If yes, give details : _______________________________
(12) Details of staff employed by the institution in following format :—
Name M/F Age Educat- Address Contact Respons- Salary Aadhaar RCI
ional details ibility No. registra-
qualifi-
tion No.
cation
(enclosed
copy RCI
registration
certificate
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Note :— In case of foreign volunteers, verification of credentials and criminal record from country of origin or birth through the police is mandatory.
(13) Details of covered/proposed beneficiaries to be covered by the
institution and nature of disability in following format :—
Sl. Name Father's M/ F Age Address Contact Type of Aadhaar
No. name
details Disability No.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(Name, designation and signature of the authorized signatory with seal)
–––––––
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 35 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
FORM-B
GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF SOCIAL WELFARE
Certificate of Registration
[Issued under the provision of rule 20(8)(a) of Jammu and Kashmir
Rights of Persons with Disabilities Rules, 2020]
Registration No....................... Date :
Certified hereby that_________________ (Name of the NGO) as
registered under Society Registration Act, 1860/Trust Act has completed
all the formalities and procedures for issuance of registration certificate
under sub-section (2) of Section 51 of the Rights of Persons with Disabilities
Act, 2016.
This registration certificate issued on date______is valid till date____.
1. Name and registered address of the organization :______________
________________________________________________
________________________________________________
2. Name and address of the branch/projects of the organization : ____
________________________________________________
________________________________________________
3. Full Name and Address of the Authorized representative of the
Organization :_______________________________________
________________________________________________
________________________________________________
This registration certificate is issued on Day______Month____Year
–––––––––––––––––––––––––––by the authorized signatory/
competent authority of the Department of Social Welfare, Government of Jammu and Kashmir subject to compliance of the Terms and Conditions laid down herein, by the authorized
representative of the organization.
36 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— The holder of the certificate of Registration shall apply for renewal
of the certificate not less than sixty days before the date of expiry of
the period of validity.
Signature and Seal of the Competent Authority
Department of Social Welfare,
Government of Jammu and Kashmir.
–––––––
Terms and Conditions of Registration Certificate
(1) The holder of this Certificate of Registration shall provide the
beneficiaries of the organization with—
(a) Adequate accessible accommodation and accessible sanitary
conditions.
(b) Proper medical care and treatment.
(c) Facilities for recreation.
(d) Education and vocational or professional training.
(2) Residential premises, if any, for girls shall be separate from residential
premises for boys.
(3) The holder of this Certificate of Registration shall not employ or
shall allow others to employ any beneficiary of the organization for
any private purposes whether of own or others.
(4) The Incharge/Project Manager shall maintain a visitor's book, which
shall contain the records of visit to the organization by the competent
authority or any person authorized by it to inspect the organization.
The Incharge/Project Manager shall furnish to the competent
authority a copy of remarks if any recorded in the said book within
seven days from the date of visit, as also compliance report, if any.
(5) The holder of this Certificate of Registration shall facilitate inquiry
in accordance with provisions of the Rights of Persons with No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 37 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Disabilities Act, 2016 by the Competent Authority or any person
authorized by it.
(6) The certificate shall be exhibited in a conspicuous place in the office
of the Incharge/Project Manager.
(7) Any change in the office bearers shall be immediately intimated to
the Competent Authority and the concerned District Social Welfare
Officer.
(8) The holder of this Certificate of Registration shall ensure the safety
and security of the beneficiaries against all forms of abuse, violence
and exploitation as per Sections 6 & 7 of the Rights of Persons with
Disabilities Act, 2016.
(9) The holder of this certificate should ensure that in case of foreign
volunteers, verification of credentials and criminal record from
country of origin or birth through the police has been conducted and
verified before giving permission for visit/stay the institution/homes.
(10) The holder of this Certificate of Registration shall ensure adequate
Safety measure against man made/natural disasters such as fire,
earthquake, flood etc.
(11) The holder of this Certificate of Registration shall abide by the
conditions of this Certificate of Registration and the provisions of
the Rights of Persons with Disabilities Act, 2016 and the rules/
regulations and orders made thereunder.
______
38 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— FORM-C
GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF SOCIAL WELFARE
Refusal to grant Certificate of Registration
[Issued under the provision of rule 20(8)(b) of the Jammu and
Kashmir Rights of Persons with Disabilities Rules, 2020]
Date : ............................
Whereas, Sh. .......................(Authorized representative) of the
organization-(Name and registered address of the organization) ................
..................... has applied for issuance of registration certificate under
sub-section (2) of Section 51 of the Rights of Persons with Disabilities Act,
2016 for the project (Name and address of the branch/projects of the
organization).................................., and whereas the competent authority,
not being satisfied upon causing enquiries to be made about the eligibility of
the organization for such issuance due to the following deficiencies :—
1.
2.
3.
hereby refuses to grant such certificate of registration under sub-rule (8) of
rule 20 of the Jammu and Kashmir Rights of Persons with Disabilities
Rules, 2020 and directs that a fresh application be submitted through
authorized representative of the organization after removal of the said
deficiencies.
Signature and Seal of the Competent Authority
Department of Social Welfare,
Government of Jammu and Kashmir.
–––––––
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 39 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— FORM-D
GOVERNMENT OF JAMMU AND KASHMIR
DEPARTMENT OF SOCIAL WELFARE
Revocation of Certificate of Registration
[Issued under the provision of rule 20(8)(c) of the Jammu and
Kashmir Rights of Persons with Disabilities Rules, 2020]
Date : ............................
Whereas, Sh. .......................(Authorized representative) of the
organization-(Name and registered address of the organization) ................
..................... had applied for issuance of/renewal of registration certificate
under sub-section (2) of Section 51 of the Rights of Persons with Disabilities
Act, 2016 for the project (Name and address of the branch/projects of the
organization).................................., and whereas the competent authority,
had issued the certificate of Registration under the relevant provisions of
the Act and Rules on date....................and whereas now, the competent
authority has reason to believe that the holder of the certificate of Registration
had—
(a) made a statement in relation to the application for the issue/
renewal of the registration certificate under sub-section (1) of
Section 51 of the Rights of Persons with Disabilities Act, 2016,
which is incorrect or false in material particulars ; or
(b) committed or has caused to be committed breach of rules or
terms and conditions subject to which the certificate was
granted.
Now, therefore, revokes the certificate of Registration granted to the
organization under the provision of sub-rule (8) of rule 20 of the Jammu and
Kashmir Rights of Persons with Disabilities Rules, 2020.
Signature and Seal of the Competent Authority
Department of Social Welfare,
Government of Jammu and Kashmir.
–––––––
40 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— FORM-I
Application for obtaining Certificate of Disability
by Persons with Disabilities
[See rule 24(1) of Jammu and Kashmir Rights of Persons with
Disabilities Rules, 2020]
(1) Name :_________________________________________
(First Name) (Middle Name) (Surname)
(2) Father's Name :_____________Mother's Name_____________
(3) Date of Birth :_____/______/________
(Date) (Month) (Year)
(4) Age at the time of application :_____________years
(5) Sex : Male/Female/Transgender : _____________
(6) Address :
(a) Permanent address (b) Current Address (i. e. for communication)
–––––––––––––– –––––––––––––
–––––––––––––– –––––––––––––
(c) Period since when residing at current address :___________
(7) Educational Status (please tick as applicable) :
(i) Post Graduate
(ii) Graduate
(iii) Diploma
(iv) Higher Secondary
(v) High School
(vi) Middle
(vii) Primary
(viii) Non-literate No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 41 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
(8) Occupation : _____________
(9) Identification marks : (i) _____________
(10) Nature of disability : _____________
(11) Period/since when disabled : From Birth/since year : ____________
(12) (i) Did you ever apply for issue of a certificate ____disability in
the past ;
(ii) if yes details—
(a) Authority to whom and district in which applied : (yes/no)
(b) Result of application :_____________
(13) Have you ever been issued a certificate of disability in the past ? If
yes, please enclose a true copy.
_______________________________________________________
Declaration
I hereby declare that all particulars stated above are true to the best of my knowledge and belief, and no material information has been concealed or misstated. I further Union Territory that if any inaccuracy is detected in the application, I shall be liable to forfeiture of any benefits derived and other action as per law.
–––––––––––
(signature or left thumb reimpression of person with disability, or of his/her legal guardian in case of persons with intellectual disability, autism, cerebral palsy and multiple disabilities, etc.)
Date :
Place :
Enclosures :
1. Proof of residence (Please tick any one, as applicable) :
(a) Ration card ;
(b) Voter identity card ;
42 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(c) Driving license ;
(d) Bank passbook ;
(e) PAN card ;
(f) Passport ;
(g) Telephone, electricity, water and any other utility bill indicating
the address of the applicant ;
(h) A certificate of residence issued by a Panchayat, municipality,
cantonment board, any gazetted officer, or the concerned
Patwari or Headmaster of a Government school ;
(i) In case of an inmate of a residential institution for persons with
disabilities, destitute, mentally ill, and other disability, a certificate
of residence from head of such institution ;
(j) Aadhaar number or Aadhaar enrollment number, if any.
2. Two recent passport size photographs ______________________
–––––––––––––––––––––––––––––––––––––––––––––––––
(For office use only)
Date :
Place :
Signature of issuing authority
Stamp.
–––––––
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 43 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
FORM-II
Certificate of Disability
(In cases of amputation or complete permanent paralysis of limbs
or dwarfism and in case of blindness)
[See Rule 24(1) of Jammu and Kashmir Rights of Persons with
Disabilities Rules, 2020.]
(Name and Address of the Medical Authority issuing the Certificate)
Recent passport size
attested photograph
(Showing face only)
of the person with
disability.
Certificate No. ...................... Date :......................
This is to certify that I have carefully examined Shri/Smt./Office_____
District________Union Territory_____, whose photograph is affixed
above, and am satisfied that :
(A) he/she is a case of :
• locomotor disability ;
• dwarfism ;
• blindness
(Please tick as applicable).
(B) the diagnosis in his/her case is...................................
(C) He/she has % (in figure) per cent (in words)................ permanent
locomotor Disability/Dwarfism/Blindness/in relation to his/her ...........
(Part of body) as per guidelines (.....................................Number
and date of issue of guidelines to be specified).
44 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (D) The applicant has submitted the following documents as proof of
residence :—
Nature of Document Date of Issue Details of Authority
Issuing Certificate
(Signature and Seal of Authorized Signatory of
notified Medical Authority)
Signature/Thumb
Impression of the
person in whose
favour certificate of
disability is issued
––––– No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 45 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— FORM-III
Certificate of Disability (In cases of multiple disabilities)
[See Rule 24(1) of Jammu and Kashmir Rights of Persons with
Disabilities Rules, 2020]
Recent passport size
attested photograph
(Showing face only)
of the person with
disability
(Name and Address of the Medical Authority issuing the Certificate)
Certificate No. ........................................ Date : .............................
This is to certify that we have carefully examine Shri/Smt./Kum._____
__________________________ son/wife/daughter of Shri__________
Date of Birth (DD/MM/YY)_______Age_________years___________
male/female____________Registration No.______Permanent Resident
of House No._______Ward/Village/Street_______Post Office________
District___________Union Territory__________whose photograph is
affixed above, and am satisfied that :
(A) He/she is a case of Multiple Disability. His/her extent of permanent
physical impairment/disability has been evaluated as per guidelines
(...........number and date of issue of the guidelines to be specified)
for the disabilities ticked below, and is shown against the relevant
disability in the table below :—
S. Disability Affected Diagnosis Permanent physical
No. part of
impairment/mental
body disability (in %)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Locomotor
disability
2. Muscular
Dystrophy 46 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 1 2 3 4 5
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 3. Leprosy cured
4. Dwarfism
5. Cerebral Palsy
6. Acid Attack
Victim
7. Low Vision
8. Blindness
9. Deaf
10. Hard of Hearing
11. Speech and
Language
disability
12. Intellectual
Disability
13. Specific
Learning
Disability
14. Autism
Spectrum
Disorder
15. Mental Illness
16. Chronic
Neurological
Conditions
17. Multiple sclerosis
18. Parkinson's disease
19. Hemophilia No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 47 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 1 2 3 4 5
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 20. Thalassemia
21. Sickle Cell disease
(B) In the light of the above, his/her over all permanent physical impairment as per guidelines number and date________________ of issue of the guidelines to be specified), is as follows :—
In figures____________per cent
In words____________per cent
2. This condition is progressive/non-progressive/likely to improve/
not likely to improve.
3. Reassessment of disability is :
(i) not necessary ; or
(ii) is recommended/after______years_____months, and therefore this certificate shall be valid till__(DD/MM/YY)_______
e. g. Left/right/both arms/legs
e. g. Single eye
e. g. Left/Right/both ears
4. The applicant has submitted the following document as proof
of residence :—
Nature of Document Date of Issue Details of Authority
Issuing Certificate
5. Signature and seal of the Medical Authority.
| Name and Seal of Member | Name and Seal of Member | Name and Seal of the Chairperson |
Signature/Thumb Impression of the
person in whose favour certificate of
disability is issued
––––––
48 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— FORM-IV
Certificate of Disability (In cases other than those mentioned in
Forms II and III) (Name and Address of the Medical Authority
issuing the Certificate)
[See Rule 24(1) of Jammu and Kashmir Rights of Persons with
Disabilities Rules, 2020]
Recent passport size
attested photograph
(Showing face only)
of the person with
disability
Certificate No. ........................................ Date : .............................
This is to certify that I have carefully examine Shri/Smt./Kum._____
__________________________ son/wife/daughter of Shri__________
Date of Birth (DD/MM/YY)_______Age______years_____________
male/female____________Registration No.______Permanent Resident
of House No._______Ward/Village/Street_______Post Office________
District___________Union Territory________whose photograph is
affixed above, and am satisfied that he/she is a case of _________Disability.
His/her extent of percentage physical impairment/disability has been
evaluated as per guidelines (number and date of issue of the guidelines to
be specified) and is shown against the relevant disability in the table
below :—
S. Disability Affected Diagnosis Permanent physical
No. part of
impairment/mental
body disability (in %)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Locomotor
disability
2. Muscular
Dystrophy
3. Leprosy cured No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 49 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 1 2 3 4 5
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 4. Cerebral Palsy
5. Acid Attack
Victim
6. Low Vision
7. Deaf
8. Hard of Hearing
9. Speech and
Language
disability
10. Intellectual
Disability
11. Specific
Learning
Disability
12. Autism
Spectrum
Disorder
13. Mental Illness
14. Chronic
Neurological
Conditions
15. Multiple sclerosis
16. Parkinson's disease
17. Hemophilia
18. Thalassemia
19. Sickle Cell disease
(Please strike out the disabilities which are not applicable).
50 The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. [No. 50-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 2. This above condition is progressive/non-progressive/likely to
improve/not likely to improve.
3. Reassessment of disability is :
(i) not necessary ; or
(ii) is recommended/after______years_____months, and therefore
this certificate shall be valid till__(DD/MM/YY)______
e. g. Left/right/both arms/legs
e. g. Single eye/both eyes
e. g. Left/Right/both ears
4. The applicant has submitted the following document as proof
of residence :—
| Nature of Document | Date of Issue | Details of Authority Issuing Certificate |
(Authorised Signatory of notified Medical Authority)
(Name and Seal)
Countersigned
Signature/Thumb [Countersignature and seal of the Chief Medical
Impression of the Officer/Medical Superintendent/Head of
person in whose Government Hospital, in case the Certificate is
favour certificate of issued by a medical authority who is not a
disability is issued Government servant (with seal)]
In case this certificate is issued by a medical authority who is not a
Government servant, it shall be valid only if countersigned by the Chief
Medical Officer of the District.
–––––––
No. 50-a] The J&K Official Gazette, 15th March, 2021/24th Phal., 1942. 51 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
FORM-V
(Intimation of rejection of Application for Certificate of Disability)
[See Rule 24 (4) of Jammu and Kashmir Rights of Persons with
Disabilities Rules, 2020]
No. ....................... Dated : ...............................
To,
(Name and address of applicant for Certificate of Disability)
Subject :—Rejection of Application for Certificate of Disability.
––––
Sir/Madam,
1. Please refer to your application dated, for issue of a Certificate of
Disability for the following disability :.......................................
2. Pursuant to the above application, you have been examined by the
undersigned/Medical Authority on.................................
and I regret to inform that, for the reasons mentioned below, it is not possible
to issue a Certificate of Disability in your favour :
(i)
(ii)
(iii)
3. In case you are aggrieved by the rejection of your application, you
may represent to...............................requesting for review of this
decision.
Yours faithfully,
(Authorized Signatory of the
notified Medical Authority)
Name and seal EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Mon., the 19th Oct., 2020/27th Asv., 1942. [No. 29-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—DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS
Notification
Jammu, the 19th October, 2020.
SO-317.—In exercise of the powers conferred by sub-section (1)
of section 20 of the Code of Criminal Procedure, 1973, the Government
hereby appoint officers mentioned in Annexure "A" to this notification to
be the Executive Magistrates, who shall exercise all the powers of an The J&K Official Gazette, 19th Oct., 2020/27th Asv., 1942. [No. 29-f
2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
Executive Magistrate within the territorial jurisdiction of their area till
Panchayat/Municipal Bye-Elections are over.
By order of the Government of Jammu and Kashmir.
(Sd.) ACHAL SEHTI,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
–––––––
No. 29-f] The J&K Official Gazette, 19th Oct., 2020/27th Asv., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
Annexure-A to SO-317 dated 19-10-2020
S. No. Name Designation Place of posting
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Imtiyaz Ahmad Ganie NT Tehsil Chadoora 2. Ghulam Hassan Ganie NT Nagam 3. Ab. Aziz Dar NT Surasyar 4. Mohd Yousuf Hajam NT Loolipora 5. Mohd Maqbool NTS Chadoora 6. Aafaq Ahmad Shah NT BK Pora 7. Mushtaq Ahmad Bhat NT Khag 8. Syed Ulfat Rasool NT Poshkar 9. Gh. Nabi Shah NT Narbal 10. Khursheed Ahmad Ahanger NT Magam 11. Mohd Afzal Mir NT Bon Makhama 12. Manzoor Ahmad Peer NT Pakherpora 13. Gulzar Ahmad War Sr. Lecturer GHSS, Narbal 14. Mr. Nazir Ah. Parra Sr. Lecturer BHSS, Soibugh 15. Ab. Majeed Parray Sr. Lecturer BHSS, Soibugh 16. Gh. Mohd Mir Sr. Lecturer HSS, Waterhial 17. Ab. Hamid Mir Sr. Lecturer BHSS, Sholipora 18. Syed Mohammad Zubair Sr. Lecturer BHSS, Budgam
The J&K Official Gazette, 19th Oct., 2020/27th Asv., 1942. [No. 29-f
4 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
1 2 3 4
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 19. Mohd. Farooq Dar Sr. Lecturer GHSS, Budgam 20. Ab. Rashid Shah Sr. Lecturer GHSS, Budgam 21. Mushtaq Ahmad Taploo Sr. Lecturer HSS, Bugam 22. Syed Ishtiyaq Ahmad Sr. Lecturer BHSS, BK Pora 23. Ab. Hamid Dar Sr. Lecturer HSS, Khanda 24. Fareed Ahmad Lone ZEO ZEO, Narbal 25. Mohd Ramzan Wani ZEO ZEO, Khansahib 26. Gh. Jeelani Daded ZEO ZEO, Magam 27. Zafaruddin . ZEO ZEO, Soibugh 28. Syed Mohammad Amin ZEPO ZEO, Chadoora 29. Dr. Mudasir Khazer Librarian GDC, Beerwah 30. Prof. Mohd Syed Shah Associate GDC, Budgam
Professor
31. Prof. Gurdip Singh Sodi Assistant GDC, Budgam
Professor
32. Mohammad Muzaffar Shah Librarian GDC, Budgam 33. Nisar Hussain Sr. Lecturer GHSS, Nagam 34. Ab. Rashid Wani Sr. Lecturer HSS, Chadoora 35. Kifayat Hussain Mir Sr. Lecturer HSS, Ichgam 36. Zahoor Ahmad Dar Lecturer HSS, Arigam
No. 29-f] The J&K Official Gazette, 19th Oct., 2020/27th Asv., 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
1 2 3 4
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 37. Altaf Hussain Shah Lecturer HSS, Arigam 38. Rouf Ahmad Sofi Lecturer HSS, Arigam 39. Tariq Hussain Shah Lecturer HSS, Arigam 40. Mohd Ayoub Khan Lecturer HSS, Arigam 41. Mohd Yousuf Wani Lecturer HSS, Khansahib 42. Gh. Mohd. Bhat Lecturer HSS, Khansahib 43. Imtiyaz Ahmad Banday Lecturer HSS, Hardpazoo 44. Shabir Ahmed Shah Lecturer HSS, Hardpanoo 45. Gh. Mohiuddin Wani Lecturer HSS, Hardpazoo 46. Nazir Ahmad Dar Lecturer HSS, Hardpanzoo 47. Ibrahim Ali Lecturer HSS, Hardpanzoo 48. S. Satinder Singh Lecturer HSS, Khag 49. Ab. Rashid Najar Lecturer HSS, Khag 50. Mohd. Altaf Bhat Lecturer HSS, Drang 51. Riyaz Ahmad Para Lecturer HSS, Drang 52. Bashir Ahmad Mir Lecturer HSS, Drang 53. Nazir Ahmed Wani Lecturer HSS, Drang 54. Peer Hafizullah Lecturer HSS, Drang 55. Ab. Hameed Rather Lecturer BHSS, Beerwah
The J&K Official Gazette, 19th Oct., 2020/27th Asv., 1942. [No. 29-f
6 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
1 2 3 4
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 56. Mohd Shafi Lone Lecturer GHSS, Beerwah 57. Syed Altaf Hussain Lecturer GHSS, Beerwah 58. Gh. Qadir Rather Lecturer GHSS, Beerwah 59. Ab. Majeed Sheikh Lecturer GHSS, Beerwah 60. Mansoor Ahmad Matoo Lecturer GHSS, Beerwah 61. Mehraj Din Bhat Lecturer GHSS, Beerwah 62. Mushtaq Ahmad Lecturer BHSS, Magam 63. Gh. Mohd Bhat Lecturer BHSS, Budgam 64. Farooq Ahmad Wani Lecturer BHSS, Budgam 65. Ab. Rashid Malik Lecturer BHSS, Budgam 66. Mohd. Maqbool Lecturer BHSS, Budgam 67. Mushtaq Ahmad Dar Lecturer GHSS, Budgam 68. Mohd. Sidiq Najar Lecturer GHSS, Budgam 69. Mohd. Ashraf Dar Lecturer GHSS, Budgam 70. Bilal Ahmad Khoja Lecturer HSS, Bugam 71. Mohd Ashraf Najar Lecturer HSS, Bugam 72. Shabir Hussain Lecturer HSS, Bugam 73. Nazir Ahmad Thoker Lecturer HSS, Bugam 74. Mohd. Shaft Mir Lecturer HSS, Bugam
No. 29-f] The J&K Official Gazette, 19th Oct., 2020/27th Asv., 1942. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
1 2 3 4 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 75. Javid Ahmad Shah Lecturer HSS, Bugam 76. Dr. Javid Ahmad Rather Lecturer BHSS, Bugam 77. Farooq Ah. Yatoo Lecturer BHSS, BK Pora 78. Mohd. Shafi Ganie Lecturer HSS, Khanda 79. Fayaz Ahmad Dar Lecturer HSS, Khanda 80. Basharat Hussain Azad Lecturer HSS, Hayatpora 81. Ali Mohd Beigh Lecturer GHSS, Wahabpora 82. Naseer Ahmad Zargar Lecturer HSS, Attina 83. Mohd Manzoor Sheikh Lecturer HSS, Dalwan 84. Ab. Majeed Bhat Lecturer HSS, Kandoora 85. Reyaz Ahmad Bhat Lecturer HSS, Kandoora 86. Dr. G. M. Bhat Lecturer BHSS, Budgam 87. Mohd Farooq Wani Lecturer HSS, Otligam 88. Nazir Ahmad Baba Lecturer HSS, Otligam 89. Tarig Ahmad Wani Lecturer HSS, Otligam 90. Mushtaq Ahmad Wani Lecturer BHSS, Wadwan 91. Gh. Qadir Rather Lecturer HSS, Dragger 92. Parvaiz Ahmad Zargar Lecturer HSS, Dragger 93. Mehraj-ud-Din Lecturer HSS, Gogjipathri
The J&K Official Gazette, 19th Oct., 2020/27th Asv., 1942. [No. 29-f
8 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–
1 2 3 4
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 94. Ayaz Ahmad Lecturer HSS, Gogjipathri
95. Mohammad Ashraf Bhat Lecturer DIET, Beerwah
96. Mr. Anies Ahmad Executive Officer MC, Budgam
Chowdary
97. Mr. Nazir Ahmad Dar Executive Officer MC, Chadoora
98. Mr. Gh. Ahmad Shah Executive Officer MC, Beerwah
99. Mr. Bashir Ahmad Shah Executive Officer MC, Magam
.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 30th Oct., 2020/8th Kart., 1942. [ No. 31-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—GENERAL ADMINISTRATION
DEPARTMENT
Notification
Srinagar, the 30th of October, 2020.
SO-339.–Sections 84 and 85 of the Jammu and Kashmir Re-
organization Act, 2019 provided for apportionment of Assets and Liabilities
of the erstwhile State of Jammu and Kashmir between the Union Territory
of Jammu and Kashmir and Union Territory of Ladakh ; and
WHEREAS, Section 85 of the Jammu and Kashmir Re-organization
Act, 2019 provided for establishment of one or more Advisory Committees
for apportionment of Assets, Rights and Liabilities of the Companies and 2 The J&K Official Gazette, 30th Oct., 2020/8th Kart., 1942. [No. 31-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Corporations constituted for the State of Jammu and Kashmir between
Union Territory of J&K and UT of Ladakh ; and
WHEREAS, in terms of Sections 84 and 85 of the Jammu and Kashmir
Re-organization Act, 2019, the Central Government, vide Order No. 11014/
5/2014-K-I/III dated 09-09-2020, constituted an Advisory Committee under
the Chairmanship of Sh. Sanjay Mitra, IAS (Rtd.) ; and
WHEREAS the Advisory Committee submitted its report to the
Ministry of Home Affairs, Government of India ; and
WHEREAS, comments of the Government of Jammu and Kashmir
and Government of Ladakh were sought on the recommendations of
the Advisory Committee by the Ministry of Home Affairs, Government of
India ; and
WHEREAS, consultations were held by the Ministry of Home Affairs,
Government of India with Union territory of J&K and Union Territory of
Ladakh and based on the agreements between the Union Territory of J&K
and UT of Ladakh, the Ministry of Home Affairs, Government of India vide
No. 11014/05/2014-K-I/K-III dated 28.10.2020 conveyed to issue necessary
orders in terms of Jammu and Kashmir Re-organization Act, 2019 ; and
WHEREAS, the Hon'ble Lieutenant Governor of Jammu and Kashmir
accepted the recommendations of the Advisory Committee as per the
agreements arrived at between Union territory of J&K and Union Territory
of Ladakh as conveyed by Ministry of Home Affairs vide aforestated
communication.
NOW, therefore, in terms of Section 84(3) read with
Section 85(2) of the Jammu and Kashmir Reorganization Act, 2019, the
Lieutenant Governor of Jammu and Kashmir is pleased to apportion the
Assets, Liabilities and Posts of the erstwhile State of Jammu and Kashmir
between the Union Territory of Jammu and Kashmir and Union Territory of
Ladakh as per Annexures A, B, C, D, E, F, G, H and I to this notification.
All references to the Union Territories of Jammu and Kashmir or
Ladakh shall mean the geographical area represented by the respected No. 31-e] The J&K Official Gazette, 0th Oct., 2020/8th Kart., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Union territories or shall mean the respective Governments of the Union
Territories as the case may be in the context of their usage.
This apportionment shall be in force w. e. f. 31-10-2020.
By order of the Lieutenant Governor.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
––––– 4 The J&K Official Gazette, 30th Oct., 2020/8th Kart., 1942. [No. 31-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— ANNEXURE-A to Notification No. 339 dated 30-10-2020
Companies/Corporations and Entities
A. The following Companies/Corporations and Entities shall remain
under the control of the Government of Jammu and Kashmir with
no division of equity, investment and loans, subject to the proviso
at the end :—
(i) The Jammu and Kashmir State Forest Corporation.
(ii) Ellaquai Dehati Bank.
(iii) Jammu and Kashmir Minerals Ltd.
(iv) Jammu and Kashmir Projects Construction Corporation Ltd.
(v) Jammu and Kashmir Police Housing Corporation Ltd.
(vi) Jammu and Kashmir State Overseas Employment Corporation
Ltd.
(vii) Jammu and Kashmir State Industrial Development Corporation
Ltd. (SIDCO).
(viii) Jammu and Kashmir State Agro Industries Development
Corporation.
(ix) Jammu and Kashmir Tourism Development Corporation.
(x) Jammu and Kashmir Handicrafts (Sales and Export)
Corporation Ltd.
(xi) Jammu and Kashmir Industries Ltd.
(xii) Jammu and Kashmir Cements Ltd.
(xiii) Jammu and Kashmir Horticulture Produce Marketing and
Processing Corporation Ltd.
(xiv) Jammu and Kashmir State Handloom Corporation Ltd.
(xv) Jammu and Kashmir State Cable Car Corporation Ltd.
(xvi) Jammu and Kashmir Women's Development Corporation Ltd.
No. 31-e] The J&K Official Gazette, 0th Oct., 2020/8th Kart., 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
(xvii) Jammu and Kashmir Medical Supplies Corporation Ltd.
(xviii) National Projects Construction Corporation Ltd.
(xix) Tawi Scooters Ltd.
(xx) Himalayan Wool Combers Ltd.
(xxi) J&K State Handloom Handicrafts Raw Material Supplies
Organisation Ltd.
(xxii) Ply-Board Industries Ltd.
(xxiii) Kashmir Ceramics Ltd.
(xxiv) Citizen's Co-operative Bank Ltd., Jammu.
(xxv) Jammu Central Co-operative Bank Ltd., Jammu
(xxvi) Urban Co-operative Bank Ltd., Anantnag.
(xxvii) Baramulla Central Co-operative Bank Ltd.
(xxviii) J&K State Co-operative Agriculture and Rural Development
Bank Ltd., Srinagar.
(xxix) Jammu and Kashmir Handloom Fabric Marketing Cooperative
Societies Ltd.
(xxx) Registrar, Co-operative Societies, J&K, Srinagar.
(xxxi) Jammu and Kashmir State Power Development Corporation
Ltd.
(xxxii) Chenab Valley Power Projects Pvt. Ltd. :
Provided that the employees of these Companies/Corporations and Entities who are posted in the UT of Ladakh or otherwise shall be given the option to work in the UT of Ladakh or in any new entity to be setup by the UT of Ladakh and based on such option their services will be placed at the disposal of the UT of Ladakh or an entity designated by it :
Provided further that the physical fixed assets of these corporations, if
situated in the UT of Ladakh, will be transferred on an 'as is where is' basis
to the UT of Ladakh or an entity established by it.
6 The J&K Official Gazette, 30th Oct., 2020/8th Kart., 1942. [No. 31-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— B. In the following Companies/Corporations and Entities, 20% of the
equity and 20% of the loans extended by the erstwhile Government
of Jammu and Kashmir are notionally/temporarily transferred to
the UT of Ladakh :—
1. Jammu and Kashmir State Financial Corporation.
2. Jammu and Kashmir Grameen Bank Ltd.
3. The Jammu and Kashmir Small Scale Industries Development
Corporation Ltd. (JKSICOP).
4. J&K Scheduled Castes, Scheduled Tribes and Backward
Classes Development Corporation Ltd.
5. Jammu Kashmir Trade Promotion Organisation.
6. Jammu and Kashmir State Cooperative Bank Ltd., Srinagar :
Provided that, the immoveable assets of Companies/Corporations and
Entities mentioned above, located in the UT of Ladakh, shall be transferred
to an entity as and when it is set up by the UT of Ladakh :
Provided further that the employees of the aforesaid six (06) companies
posted in the UT of Ladakh or otherwise, shall be given the option to work
in the UT of Ladakh or in any entity to be set up by the UT of Ladakh and
based on such option their services will be placed at the disposal of the UT
of Ladakh or an entity designated by it :
Provided also that these companies shall continue their operations for
both UTs till transfer to a designated entity in UT of Ladakh takes place.
C. The arrangements for the Jammu and Kashmir State Road
Transport Corporation (JKSRTC) shall be as follows :—
a. JKSRTC will remain a going concern for the UT of J&K only.
There will be no apportionment of equity of JKSRTC to UT of
Ladakh.
b. The fixed assets of JKSRTC, located in the UT of Ladakh
shall be transferred to any entity designated by the UT of Ladakh,
as and when it is established or designated.
No. 31-e] The J&K Official Gazette, 0th Oct., 2020/8th Kart., 1942. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
c. Nineteen (19) buses currently operational in the UT of Ladakh,
20 additional buses, 10 (ten) of which are below five years old
and 10 trucks, 05 of which are below five years old, stand
transferred to the UT of Ladakh or to an entity to be established/
designated by it.
d. Till such an entity is designated/established for the UT of
Ladakh, JKSRTC will continue its operations from both the
UTS.
e. The employees of JKSRTC posted in UT of Ladakh or otherwise,
shall be given the option to work in the UT of Ladakh or in any
entity to be set up by the UT of Ladakh and based on such
option their services will be placed at the disposal of UT of
Ladakh or any entity designated by it.
D. The arrangements for Jammu and Kashmir Bank Ltd. shall be as
follows :—
a. J&K Bank Ltd. shall continue its operations as a going concern
in both the UTs.
b. The UT of J&K shall continue to have majority share holding
in the Bank.
c. 51% of the share holding in the J&K Bank Ltd. shall remain
with the UT of J&K. The remaining 8.23% share holding in the
J&K Bank Ltd. (approximately 13.89% of the existing share
holding of the erstwhile State of Jammu and Kashmir), shall be
transferred to the UT of Ladakh.
d. One post of Director on the Board of the J&K Bank shall be
earmarked for the UT of Ladakh.
e. A reasonable proportion of employees of the J&K Bank Ltd.
shall be recruited from the UT of Ladakh, details of which will
be worked out by the Bank.
8 The J&K Official Gazette, 30th Oct., 2020/8th Kart., 1942. [No. 31-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— E. The UT of Ladakh will have one representative on the Board of
Directors in the following corporations :—
a. J&K Grameen Bank.
b. J&K SICOP.
c. J&K SC, ST and OBC Development Corporation Limited.
d. J&K State Cooperative Bank Limited.
F. The exercise for seeking options and transferring staff of the above
corporations to the UT of Ladakh or to its designated entity shall
be completed by 31-12-2020.
–––––––
No. 31-e] The J&K Official Gazette, 0th Oct., 2020/8th Kart., 1942. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
ANNEXURE-B to Notification No. 339 Dated 30-10-2020
Generation and Supply of Electric Power and Water
The following arrangements shall be made for the generation and supply
of electric power and water :—
1. The Power Purchase Agreements (PPAs) of NHPC Plants at
Chutak and Nimoo Bazgo and PPAS of another 25 MW from
Central Thermal/Gas Generating Stations stand transferred to
UT of Ladakh.
2. The 12% free power from the above mentioned two Plants
and any other benefits such as the Local Area Development
Fund, etc. shall accrue to UT of Ladakh.
3. The UT of J&K shall use the services of its Consultant to
assist the establishment of a separate Power Company for the
UT of Ladakh, if required.
4. The Central Electricity Authority through the Ministry of Power,
shall guide the UT of Ladakh in the creation of a separate
Power Department and/or a new Power Corporation(s) in the
UT of Ladakh.
5. Any immoveable assets of the J&K State Power Development
Corporation Ltd. (JKSPDCL) and the Chenab Valley Power
Projects Pvt. Ltd. (CVPPL) located in the UT of Ladakh shall
be transferred on an 'as is where is' basis to an entity to be set
up by the UT of Ladakh or as designated by the UT of Ladakh.
6. The existing Power Corporations of the UT of J&K shall
continue to operate the facilities of the UT of Ladakh till such
time a new entity(s) is set up or new arrangements made in the
UT of Ladakh.
7. The employees of JKSPDCL and CVPPL, who are posted in
UT of Ladakh or otherwise shall be given the option to work in 10 The J&K Official Gazette, 30th Oct., 2020/8th Kart., 1942. [No. 31-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— the UT of Ladakh or in any new entity to be setup by the UT of
Ladakh and based on such option their services will be placed
at the disposal of the UT of Ladakh or an entity designated by
it.
8. All arrangements for water will be apportioned between the
UTs of J&K and Ladakh on an 'as is where is' basis based on
location.
––––––
No. 31-e] The J&K Official Gazette, 0th Oct., 2020/8th Kart., 1942. 11 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
ANNEXURE-C to Notification No. 339 Dated 30-10-2020
Jammu and Kashmir State Finance Corporation (JKSFC)
The following arrangements shall be made in JKSFC for apportionment
between the UT of J&K and UT of Ladakh :—
1. There shall be a Joint Finance Corporation for the UT of J&K
and UT of Ladakh created by renaming the JKSFC as The
Jammu and Kashmir and Ladakh Finance Corporation' under
the provisions of section 3A of the SFC Act, 1951.
2. 20% of equity and 20% of loan extended by the erstwhile
Government of J&K to the J&K State Finance Corporation
shall be apportioned in favour of the UT of Ladakh.
3. The Joint Finance Corporation shall have one Director from
Ladakh in its Board of Directors.
––––––––
12 The J&K Official Gazette, 30th Oct., 2020/8th Kart., 1942. [No. 31-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— ANNEXURE-D to Notification No. 339 Dated 30-10-2020
Institutions
Apportionment of Institutions between the UT of J&K and UT of
Ladakh shall be as follows :—
1. National Council for Vocational Training (NCVT) trades being
run in the ITIs of Leh and Kargil shall be managed directly by
the UT of Ladakh. State Council for Vocational Training (SCVT)
trades in Ladakh ITIs shall be facilitated through the J&K Board
of Technical Education till the end of academic year 2020-21.
2. The State Board of Technical Education (SBOTE) shall continue
to function for the UT of Ladakh till end of the academic year
2020-21.
3. UT of Ladakh shall set up its own Road Safety Council and the
UT of J&K shall transfer Rs. 2.25 Crores to the UT of Ladakh
as its share of funds.
4. J&K Board of Secondary Education shall serve the UT of
Ladakh till the end of the academic year 2021-22.
5. Board of Professional Entrance Examination (BOPEE) shall
continue to conduct the entrance examinations for various
professional courses for the UT of Ladakh. Seats earlier
reserved in professional colleges in the erstwhile State for STs
of Leh and Kargil stand apportioned to the UT of Ladakh to be
filled up in a manner to be decided by the UT of Ladakh.
6 While the J&K Academy of Arts, Culture and Languages shall
remain with the UT of J&K, the immoveable assets of the
Academy stand apportioned between the UTs of Ladakh and
J&K based on location on an 'as is where is' basis.
7. The J&K Sheep and Sheep Products Development Board shall
remain with the UT of J&K.
No. 31-e] The J&K Official Gazette, 0th Oct., 2020/8th Kart., 1942. 13 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
8. While the J&K Pollution Control Board shall remain with the
UT of J&K, three vehicles of which one vehicle is of less than
five years of age, stands transferred to the UT of Ladakh and
any fixed assets stand transferred between the UTs of J&K
and Ladakh on 'as is where is' basis based on location.
9. The J&K Social Welfare Board shall remain with the UT of
J&K, except for any fixed assets in the UT of Ladakh which
stand transferred to the UT of Ladakh on 'as is where is' basis.
10. While the J&K State Sports Council shall remain with the UT
of J&K, 20% of its total free bank balances/fixed deposits
excluding funds for executing works, two vehicles less than
five years old and immoveable properties in the UT of Ladakh
stand transferred to the UT of Ladakh. 20 Group C posts and a
certain number of Group A and B posts to be determined
subsequently, also stand transferred to the UT of Ladakh or to
an entity designated by it.
11. The six (06) units of the Sher-e-Kashmir University of
Agricultural Sciences and Technology (SKUAST) will continue
to be run by SKUAST till they are transferred on an 'as is
where is' basis along with staff to an entity designated by the
UT of Ladakh.
12. The interest amount of the Compensatory Afforestation Fund
Management and Planning Authority (CAMPA) shall be
apportioned as Rs. 117.67 Crores and Rs. 54.10 Crores to the
UT of J&K and UT of Ladakh, respectively. The principle
amount will be apportioned by the Ministry of Environment and
Forests, Government of India.
13. The Building and Other Construction Workers Welfare Board
(BOCWWB) shall remain with the UT of J&K. The cess
Rs. 17.24 Crores, which is the net balance of Rs. 22.03 Crores
cess received from the UT of Ladakh, Rs. 4.7133 Crores
expenditure on worker welfare and Rs. 0.0764 Crores 14 The J&K Official Gazette, 30th Oct., 2020/8th Kart., 1942. [No. 31-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— administrative expenditure, stands transferred to the UT of
Ladakh or an entity designated by it.
14. Wakf Properties shall remain with the UT of J&K.
15. The Haj Committees for the UT of J&K shall remain in UT of
J&K.
16. Sher-i-Kashmir Institute of Medical Sciences (SKIMS) Srinagar
shall continue to function as it is in the UT of J&K.
17. Funds meant for the UT of Ladakh under centrally sponsored
scheme, as on 01-04-2020, remaining with the UT of J&K,
stand transferred to the UT of Ladakh. Separate arrangements
will be made for apportionment of staff in separate entities
funded under CSS, along with the apportionment of staff of UT
of J&K.
–––––––
No. 31-e] The J&K Official Gazette, 0th Oct., 2020/8th Kart., 1942. 15 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
ANNEXURE-E to Notification No. 339 Dated 30-10-2020
Immoveable and Moveable assets inside the Erstwhile State
The immoveable and moveable assets located inside the erstwhile
State shall stand apportioned as follows :—
I. All immovable assets belonging to the erstwhile Government
of J&K, excluding those belonging to Corporations/Boards/
Other entities, except where explicitly provided for, stand
apportioned to the UTs of J&K and Ladakh based on their
locations in the UTs of J&K and Ladakh respectively on an 'as
is where is' basis.
II. All moveable assets belonging to the erstwhile Government of
J&K, excluding those belonging to Corporations/Boards/Other
entities, which are location specific such as office equipment,
laboratory equipment, office supplies, records, etc., except where
it is explicitly provided for, stand assigned on an 'as is where is'
basis based on their locations in the UTs of J&K and Ladakh.
––––––––
16 The J&K Official Gazette, 30th Oct., 2020/8th Kart., 1942. [No. 31-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— ANNEXURE-F to Notification No. 339 Dated 30-10-2020
Immoveable Property Located Outside the Erstwhile State
1. The interim apportionment made by MHA in respect of J&K
Guest House at Chanakyapuri, annexed to this order, is
confirmed with following modifications :—
i. UT of J&K shall have the 'right of usage' of the 3rd floor of
Block 'B' having suites, till 31st December, 2021 after which it
will stand fully transferred to UT of Ladakh.
ii. The J&K House at 5-Prithviraj Road, New Delhi ; the Rajaji
Marg; property at New Delhi; the Guest house, BRIL, Shalimar
Bagh, New Delhi; the J&K Emporium at Baba Kharak Singh
Marg, New Delhi; the Guest House at Amritsar; and the
property at SCO 28-31, Sector 17-A, Chandigarh shall remain
with the UT of J&K.
iii. The H. No. 36, Sector 5-A, Chandigarh, Flat No. 32, Adamant
Building, Mumbai, 11-Engineering Building, 4th Floor, Sleater
Road, Mumbai and all properties of LAHDC at Jammu and
Srinagar shall remain with the UT of Ladakh.
iv. The Guest Houses/Circuit Houses in the UT of J&K shall remain
with the UT of J&K, but available for use of officials of the UT
of Ladakh as and when required.
v. All other immoveable properties located outside the erstwhile
State and not mentioned specifically shall remain with the UT
of J&K.
–––––––
No. 31-e] The J&K Official Gazette, 0th Oct., 2020/8th Kart., 1942. 17 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
ANNEXURE-G to Notification No. 339 Dated 30-10-2020
Apportionment of Moveable Assets
Moveable assets of the erstwhile State shall stand apportioned as
follows :—
1. All moveable assets stand apportioned on an 'as is where is'
basis between the UTs of J&K and Ladakh, based on location.
2. With regard to Art, Artifacts and Archival Record, a three
member committee shall be set up to identify works of Art,
Artifacts and Archival Record currently in the UT of J&K.
One of the members of the Committee shall be an expert from
the Ministry of Culture while there shall be one member each
from UTs of J&K and Ladakh respectively. The items pertaining
to Ladakh, thus identified by the committee, shall be transferred
to the UT of Ladakh or any entity designated by it.
3. All unpaid liabilities/bills shall be discharged, after due process/
scrutiny, by the respective UT where the works/projects were
executed or expenditure incurred.
4. Investments in capital works/projects indicated in the Statement
of Financial Assets under 'Other Capital Expenditure',
amounting to Rs. 1956 crores stand transferred to the UT of
Ladakh.
5. Funds and pension liabilities stand apportioned as required
following the actual allocation of employees between the UTs
of J&K and Ladakh.
6. Financial liabilities of Rs. 2,504.46 Crores stand transferred to
the UT of Ladakh @ 2% of the total liabilities.
7. The Book value of capital assets of the erstwhile State of J&K
shall be transferred on a notional basis to the UT of Ladakh on
the principle of 'as is where is' basis.
–––––––
18 The J&K Official Gazette, 30th Oct., 2020/8th Kart., 1942. [No. 31-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— ANNEXURE-H to Notification No. 339 Dated 30-10-2020
Employees Provident Fund Organization
The assets and liabilities of the Jammu and Kashmir Employees
Provident Fund Organization shall stand apportioned as follows :—
1. The balances of the active subscribers in the JKEPFO shall be
merged into their new accounts in the EPFO.
2. The balances of inactive subscribers shall be transferred to the
EPFO and shall be settled by them as and when any claims are
raised.
3. JKEPFO shall be closed after proper reconciliation and audit
by the CAG. If any shortfall is discovered in the corpus, it shall
be made good by the UT of J&K, after obtaining approval of
the Competent Authority.
––––––––
No. 31-e] The J&K Official Gazette, 0th Oct., 2020/8th Kart., 1942. 19 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
ANNEXURE-I to Notification No. 339 Dated 30-10-2020
Apportionment of Posts and Manpower
Apportionment of Posts and Manpower shall be as follows :—
1. 325 additional Gazetted posts from the overall strength of UT
of J&K stand transferred to the UT of Ladakh. The detailed
listing of posts transferred will be done by 30-11-2020.
2. 3000 additional Non-Gazetted posts from the overall strength
of UT of J&K stand transferred to the UT of Ladakh. The
detailed listing of posts transferred will be done by 30-11-2020.
3. The allocation of employees between the UT of J&K and UT
of Ladakh shall be made on the basis of the options given by
them as follows :—
a. If the number of employees opting for the UT of Ladakh is
less than the number of posts transferred to the UT of
Ladakh, all these employees shall be allocated to UT of
Ladakh. As for the remaining vacancies, the Lieutenant
Governor of the UT of J&K shall allocate non-optees, based
on a suitable criterion evolved by the UT of J&K.
b. If the number of optees is more than the number of posts
to be transferred to the UT of Ladakh, then the Lieutenant
Governor of the UT of J&K shall allocate optees, based on
a suitable criterion evolved by the UT of J&K.
4. For identification of the additional posts to be transferred, officers
of the UT of J&K and UT of Ladakh shall meet and finalize
the list by 25-11-2020.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 13th Nov., 2020/22nd Kart., 1942. [ No. 33-c –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Rules and Regulations passed thereunder.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—INDUSTRIES AND COMMERCE
DEPARTMENT
Notification
Jammu, the 13th of November, 2020.
SO-345.—In exercise of the powers conferred by section 15 read
with section 23C of the Mines and Minerals (Development and Regulation)
Act, 1957 (Central Act No. 67 of 1957), the Government hereby direct that
the following proviso shall be added to clause (vi) of sub-rule (1) of rule 56
of the Jammu and Kashmir Minor Mineral Concession, Storage, 2 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Transportation of Minerals and Prevention of Illegal Mining Rules, 2016 ;
namely :—
"Provided that in emergent situation, the Government, in the
interest of Major Developmental Projects of Indian Railways and
National Highway Authority of India (NHAI), subject to statutory
clearances including environmental safeguards, may grant Short-
Term Permit to their Principal Executing Agencies based on the
certification of the concerned authorities up to 31-12-2021."
By order of the Government of Jammu and Kashmir.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 13th Nov., 2020/22nd Kart., 1942. [ No. 33-d –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—COOPERATIVE DEPARTMENT
Notification
Jammu, the 13th of November, 2020.
SO-346.—In exercise of the powers conferred by sub-section (2) of
Section 14 of the Jammu and Kashmir Self Reliant Cooperative Act, 1999
and in supersession of Notification SRO-150 of 2003 dated 24-04-2003
issued on the subject, the Government hereby appoints the following persons
in Schedule-I to this notification to carry out the duties, to perform functions 2 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-d ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— and to exercise the powers of the Registrar Cooperative under the said Act
within their respective jurisdiction :—
SCHEDULE-I
Delegation of Powers to Officers Outside the Cooperative
Department Under J&K Self Reliant Act, 1999
1. Director, Handicrafts and Handicrafts and Handloom
Handloom, Jammu Cooperative Societies, Jammu
2. Director, Handicrafts and Handicrafts and Handloom
Handloom, Kashmir Cooperative Societies, Kashmir
3. Director, Horticulture (F&M) Horticulture Cooperative Societies
4. Secretary, KVIB Societies connected with KVIB
5. Director, Command Area Societies connected with his
Development, Jammu/Kashmir Department
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Principal Secretary to the Government,
Cooperative Department.
.