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 .... 201-216 PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... 207-218 PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... 27-28 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 .... 189-200 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 .... 55-58 | 21-24 |
Printed at the Ranbir Government Press, Jammu.
202 The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. [ No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 310 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the
Advocates Act, 1961 in favour of Ms. Stanzin Yangdol D/o Chhering Samphel R/o 24 Village Achanathang, P/O/Tehsil Khalri, Bus Stand, District Leh vide Notification No. 1657 dated 12-03-2020 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. 311 of 2021/RG Dated 18-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Sanjeev Kumar S/o Herjender
Kumar R/o Village Alawal Chack, Miran Sahib, Tehsil R. S. Pura, District Jammu vide Notification No. 1144 dated 10-01-2020 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. 14] The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. 203 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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. 312 of 2021/RG Dated 20-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Subha Zutshi D/o Sanjay Zutshi R/o Housing Colony, Pocket 5, Sector-2, Flat D-3, Channi Himmat, Jammu vide Notification No. 1341 dated 20-02-2020 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. 313 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Shahid Iqbal Teeli S/o Ghulam Nabi Teeli R/o Viddy Payeen, Tehsil Srigufwara, District Anantnag vide Notification No. 812 dated 20-09-2019 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.
––––––––
204 The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. [ No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 315 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Rafee Sidiq S/o Mohammad Sidiq
Mir R/o Kaka Sathu, Jamlatha, Srinagar vide Notification No. 939 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. 316 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Akshay Kumar S/o Arun Kumar R/o Opposite Shitla Bus Stop, Khanpur, Nagrota, Jammu vide
Notification No. 900 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. 317 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Gazia Aijaz Kashani D/o Aijaz No. 14] The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. 205 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Hussain Kashani R/o 142, Lane No. 3, Gulberg Colony, Hyderpora, Srinagar vide Notification No. 56 dated 14-06-2019 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. 318 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Suhail Wani S/o Ghulam
Mohammad Wani R/o Bazar-E-Batamaloo, Tehsil Khas, District Srinagar vide Notification No. 867 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. 319 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Shabir Ahmad Bhat S/o Rajab Bhat R/o Gund Gult Sheikh, Tehsil Gurez, District Bandipora vide
Notification No. 806 dated 20-09-2019 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.
206 The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. [ No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 320 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Mohd Asif Wani S/o Ab. Samad Wani R/o Sheerbugh, Wani Mohalla, Tehsil Pattan, District Baramulla vide Notification No. 726 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. 321 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Anuj Mahajan S/o Raj Kumar Gupta R/o H. No. 241, Govindpura, Jammu Cantt., District Jammu vide Notification No. 994 dated 09-01-2020 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.
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. 14] The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. 207 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
No. 322 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Syed Kowsara Jan D/o Gh. Mohd
Shah R/o Monghama, Tehsil and District Pulwama vide Notification No. 703 dated 19-09-2019 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. 323 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Aashia Maryam Jaan D/o Abdul Rashid Mir R/o Hayihama Bungam, Tehsil and District Kupwara vide Notification No. 714 dated 19-09-2019 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. 324 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Satya Omar D/o Abdul Kabir Bhat 208 The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. [ No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
R/o Masjid Shareef, Bonpora, Kullar, Anantnag vide Notification No. 1686 dated 30-03-2019 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. 325 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Shanum Gupta S/o Sanjesh Gupta
R/o H. No. 147, Raghu-Nath Pora, Jammu vide Notification No. 1741 dated 30-03-2019 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. 326 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Sidant Maini S/o Ashok Kumar Maini R/o Village Hari A/P Surankote, Poonch vide Notification
No. 70 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.
No. 14] The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. 209 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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. 327 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Mudasir Ali Yatoo S/o Ali Mohammad Yatoo R/o Bandzoo, Arampora, Tehsil and District Pulwama vide Notification No. 45 dated 13-06-2019 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. 328 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Sachin Singh S/o Jalam Singh R/o Village Kundra, Tehsil and District Reasi vide Notification No. 1205 dated 10-01-2020 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.
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.
––––––––
210 The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. [ No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 329 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Sahib Thakur S/o Raj Singh
R/o Wazir House Kalika Nagar, Kundrarian, Katra, Reasi vide Notification No. 1735 dated 30-03-2019 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. 330 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Farid Ahmed Khan S/o Mohd Shabeer Khan R/o Thera Topa, Tehsil Mendhar, District Poonch vide
Notification No. 45 dated 06-04-2017 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. 331 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Vishal Singh Dogra S/o Puran No. 14] The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. 211 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Singh Dogra R/o Khour Jattan, Pallanwala, Tehsil Khour, District Jammu A/P H. No. 165-B, Lane No. 8, Greater Jammu Colony Near Kunjwani Bye-Pass, Jammu vide Notification No. 1160 dated 10-01-2020 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.
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. 332 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Varun Kumar S/o Darshan Kumar R/o House No. 820, Janipur Colony, Near Ram Leela Ground, Jammu vide Notification No. 1163 dated 10-01-2020 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.
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. 333 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Zeza Majid D/o Abdul Majid Mir R/o Bagh-E-Mehtab, Habib Colony, Sector-C, Tehsil Khas, District Srinagar vide Notification No. 1178 dated 10-01-2020 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.
212 The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. [ No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 334 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Varsha Sohil D/o Kirpal Singh Sohil R/o A/36, Lane No. 1, Basant Nagar, Janipur, Jammu vide Notification No. 1165 dated 10-01-2020 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. 335 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Asifa Malik D/o Majid Hussain R/o Village Badhori, Bari Brahmana, Samba A/P Channi Rama, Malik Market, Jammu vide Notification No. 852 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.
––––––––
No. 14] The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. 213 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
No. 336 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Bilqees Jan D/o Late Gulam
Mohi-ud-Din Wani R/o Akad New Colony, Tehsil Mattan, District Anantnag vide Notification No. 911 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. 337 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Zeeshan Eilahi S/o Habib Ullah Tantray R/o Dar Ganie Gund, Tral, Pulwama vide Notification No. 824
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. 338 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Abdul Rouf War S/o Abdul Gani 214 The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. [ No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
War R/o Vodhpora, Dar Mohalla, Tehsil Handwara, District Kupwara vide Notification No. 853 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. 339 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Abrar Ul Haq Fazili S/o Faiz Ul
Haq Fazli R/o New Colony, Noorbagh, Near Rahim Complex, Srinagar vide Notification No. 851 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. 340 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Shahbaz Manzoor S/o Manzoor Ahmed R/o H. No. 38, Waza Bagh, Hyderpora, Srinagar vide
Notification No. 832 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.
No. 14] The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. 215 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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. 341 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Uzma Yaqoob D/o Mohammad Yaqoob Bhat R/o Nawab Bazar, Shoragari Mohalla, Tehsil Khas, District Srinagar vide Notification No. 821 dated 21-09-2019 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. 342 of 2021/RG Dated 23-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Shabnam Manzoor D/o Manzoor Ahmad Marazie R/o Maidan Colony, Shairan Mohalla, Kreeri, District Baramulla vide Notification No. 809 dated 20-09-2019 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.
––––––––
216 The J&K Official Gazette, the 1st July, 2021/10th Asad., 1943. [ No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 343 of 2021/RG Dated 24-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Ms. Sonam D/o Kuldeep Raj Sharma
R/o Dharam Khoo P/O Gharota, Tehsil Bhalwal, District Jammu vide Notification No. 1203 dated 10-01-2020 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. 344 of 2021/RG Dated 24-03-2021.
Provisional admission as an Advocate, granted under the Advocates Act, 1961 in favour of Mr. Puran Singh S/o Prem Singh R/o Mari Polytechnical College Road Mari, District Reasi vide
Notification No. 1787 dated 14-03-2018 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 1st July, 2021/10th Asad., 1943. [ No. 14 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
Subject :—Constitution of J&K Advisory Board under the Rights of Persons
with Disability Act, 2016.
––––––
Government Order No. 1077-JK (GAD) of 2020
Dated 27-11-2020.
In terms of Section 66 (1) of the Rights of Persons with Disabilities
Act, 2016, sanction is hereby accorded to the constitution of the Jammu
and Kashmir Advisory Board, comprising the following :—
1. Minister in-charge/Advisor to Hon'ble Lieutenant Chairperson,
Governor, in-charge of the Social Welfare Department ex-officio
(as the case may be)
2. Administrative Secretary, Finance Department Member
3. Administrative Secretary, Health and Medical Member
Education Department 208 The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. [No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
4. Administrative Secretary, Home Department Member
5. Administrative Secretary, Social Welfare Department Member-
Secretary,
ex-officio
6. Administrative Secretary, Science and Technology Member
Department
7. Administrative Secretary, Housing and Urban Member
Development Department
8. Administrative Secretary, Information Department Member
9. Administrative Secretary, General Administration Convenor
Department
10. Administrative Secretary, Transport Department Member
11. Administrative Secretary, Labour and Employment Member
Department
12. Administrative Secretary, Rural Development and Member
Panchayati Raj Department
13. Administrative Secretary, Food, Civil Supplies and Member
Consumers Affairs Department
14. Administrative Secretary, Youth, Service and Sports Member
Department
15. Administrative Secretary, School Education Department Member
16. Administrative Secretary, Higher Education Department Member
17. Administrative Secretary, ARI and Trainings Member
Department
18. Three members of the UT Legislature Member
(as and when elected)
ex-officio
Nominated Members :
Member to be nominated by the Government of J&K :
i. Five members who are experts in the field of
disability and rehabilitation to be nominated by the Social Welfare Department ;
No. 14] The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. 209 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
ii. Five members to be nominated by the
Government by rotation to represent the
districts in such manner as may be prescribed
by General Administration Department :
Provided that no nomination under this
sub-clause shall be made except on the
recommendation of the district administration
concerned ;
iii. Ten persons as far as practicable, being persons
with disabilities, to represent non-governmental
organizations or associations which are concerned
with disabilities to be nominated by Social Welfare
Department :
Provided that out of the ten persons nominated
under this clause, at least, five shall be women
and at least one person each shall be from the
Scheduled Castes and the Scheduled Tribes ;
iv. Three representatives of the Chamber of
Commerce and Industry, Jammu/Kashmir to
be nominated by the Department of Industries
and Commerce.
The Terms of Reference shall be as :
a. Advisory Board shall be the UT level consultative and advisory
body on disability matters and shall facilitate the continuous evolution
of a comprehensive policy for the empowerment of persons with
disabilities and the full enjoyment of rights ;
b. Advise the Government on policies, programmes, legislation and
projects with respect to disability ;
c. Develop a policy to address issues concerning persons with
disabilities ;
d. Review and coordinate the activities of all departments of the
Government and other Governmental and non-Governmental
Organizations in the Jammu and Kashmir which are dealing with
matters relating to persons with disabilities ;
210 The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. [No. 14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– e. Take up the cause of persons with disabilities with the concerned
authorities and the international organizations with a view to provide
for schemes and projects for the persons with disabilities in the
Governmental plans ;
f. Recommend steps to ensure accessibility, reasonable
accommodation, non-discrimination for persons with disabilities,
services and the built environment and their participation in social
life on an equal basis with others ;
g. Monitor and evaluate the impact of laws, policies and programmes designed to achieve full participation of persons with disabilities ; and
h. Such other functions as may be assigned from time to time by the
Government.
The Advisory Board shall be serviced by the Social Welfare
Department.
By order of the Lieutenant Governor.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
Subject :—Constitution of Expert Committee under the Rights of Persons
with Disability Act, 2016.
––––––
Government Order No. 1078-JK (GAD) of 2020
Dated 27-11-2020.
In terms of Section 33 of the Rights of Persons with Disabilities Act,
2016, sanction is hereby accorded to the constitution of Expert Committee
comprising the following :—
1. Administrative Secretary, Finance Department Chairman
2. Administrative Secretary, Social Welfare Department Member
3. Administrative Secretary, General Administration Convenor
Department No. 14] The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. 211 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
4. Two employees with benchmark disabilities to be Member nominated by GAD 5. One member from NGO dealing with persons with Member disabilities to be nominated by the Social Welfare (Technical Department Experts)
The Terms of Reference of the Committee shall be as :
i. To identify posts in the establishments which can be held by
respective category of persons with benchmark disabilities in respect
of the vacancies reserved for the disabled by the Government.
ii. To consider the list of the posts (Gazetted and Non-Gazetted)
identified for persons with disabilities in various departments vide
Government Order No. 147-SW of 2014 dated 17-06-2014 for
adoption/modification.
iii. To undertake periodic review of the identified posts at an interval
not exceeding 03 years.
The Committee shall be serviced by the Social Welfare Department.
By order of the Lieutenant Governor.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
_____
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
Subject :—Business Reform Action Plan (BRAP), 2018 under Ease of Doing Business (EoDB) and inclusion of services thereof (online only).
––––––
Circular No. 33-JK (GAD) of 2020
Dated 02-12-2020.
With an aim to streamline and improve public services delivery to the
citizens in general and to promote conducive business environment in
particular, the Government vide Circular No. 52-GAD of 2018 dated 212 The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. [No. 14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 14-12-2018 has impressed particular services of different departments to be provided through 'Online Mode Only'.
However, deviations with regard to functioning of these services through 'online mode only' have been detected. Some of these services are not functioning appropriately from the designated URLs, while few of these services are conspicuously absent from the online/web domain.
Accordingly, in order to provide a strengthened and unfettered public service delivery mechanism through online mode only, it is enjoined upon all the concerned Administrative Secretaries to kindly ensure implementation of the above referred circular instructions in letter and spirit.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
_____
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE REGISTRAR COOPERATIVE SOCIETIES, J&K.
Subject :—Winding up of Jammu and Kashmir Cooperative Supply and Marketing Federation Ltd. (JAKFED), Jammu-Extension of the term of the Liquidator(s)-Regarding.
Reference :—Administrative Department's Communication No. Coop/SS/
03/2020 dated 08-06-2021.
–––––––
Government Order No. 04-RCS/SS of 2021
Dated 10-06-2021.
In exercise of powers vested in me under section 75(5) of the Jammu and Kashmir Cooperative Societies Act, 1989, I, Shafqat Iqbal, KAS, Registrar, Cooperative Societies, J&K hereby extend the term of Liquidators of the Jammu and Kashmir Cooperative Supply and Marketing Federation Ltd. (JAKFED) appointed vide this office Order No. 19-RCS/SS of 2020 dated 05-02-2020 for a period of six months with effect from 05-02-2021 for completing the liquidation process.
(Sd.) SHAFQAT IQBAL, KAS,
Registrar, Cooperative Societies, J&K, Srinagar/Jammu.
–––––––
No. 14] The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. 213 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—HOSPITALITY AND PROTOCOL DEPARTMENT.
Subject :—Warrant of Precedence in respect of the Union Territory of
J&K.
–––––––
Government Order No. 13-JK(H&P) of 2020
Dated 22-07-2020.
In supersession of Government Order No. 23-JK(H&P) of 2019 dated 17-12-2019 on the above noted subject it is hereby ordered that the Warrant of Precedence/Order of Precedence forming annexure to this order shall be observed at all ceremonial functions of the Union Territory of Jammu of Kashmir.
By order of the Lieutenant Governor.
(Sd.) M. RAJU, IAS,
Secretary to the Government, Hospitality and Protocol Department.
–––––––
Annexure to Government Order No. 13-JK(H&P) of 2020,
dated 22-07-2020
Warrant of Precedence in respect or Union Territory or
Jammu and Kashmir
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 214 The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. [No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
7A. 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
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 No. 14] T h e J & K O f f i c i a l G a z e t t e , 1st July, 2021/10th Asad., 1943. 215 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
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 Delhi Metropolitan Council, Delhi
within their respective Union Territories 216 The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. [No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
19A. Mayors 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
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 of the 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 No. 14] The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. 217 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 jurisdictions)
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
Director, Intelligence Bureau
Financial Commissioner to the Government
Director General of Police within respective States/Union
Territories
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 218 The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. [No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
26. All Administrative Secretaries
Divisional Commissioners/IGPS
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
Major Heads of Department
District and Session Judges
Chairpersons, Block Development Councils/Presidents of
Municipal Councils and Municipalities
Officers of the rank of Brigadiers and equivalent
Note :— 1. The order in this Table of Precedence is meant purely for
State 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.) MANZOOR AHMAD JAN,
Under Secretary to Government,
Hospitality and Protocol Department.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 1st July., 2021/10th Asad., 1943. [ No. 14 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A
Orders by Heads of Departments.
––––––
CHARGE REPORTS
In compliance to Govt. Order No. 772-JK(GAD) of 2020 dated 19-08-2020 issued by General Administration Department (Services), Civil Secretariat, Srinagar vide Endtt. No. GAD(Ser)/IAS/26/2020 dated 19-08-2020, we do hereby handover and takeover the charge of the post of Managing Director/CEO, Jammu/Srinagar Mass Rapid Transit Corporation today on 20th August, 2020 (FN).
(Sd.) VIKAS KUNDAL, IAS,
Relieved Officer.
(Sd.) ANKITA KAR, IRAS,
Relieving Officer.
————
58 The J&K Govt. Gazette, 1st July., 2021/10th Asad., 1943. [No. 14 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Certified that we have in the forenoon/afternoon of this day respectively made over and received charge of the Office of Additional Special Mobile Magistrate, Udhampur.
Station : Udhampur.
Dated : 31-07-2019.
(Sd.) ......................
Munsiff, District Judicial Mobile Magistrate, Udhampur.
Relieved Officer.
(Sd.) .....................
Additional Special Mobile Magistrate, Udhampur.
Relieving Officer.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
Vol. 134] Jammu, Thu., the 1st July, 2021/10th Asad., 1943. [ No. 14
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, REASI), MINI SECRETARIAT DISTRICT ADMINISTRATIVE COMPLEX, REASI–182311 (J&K) INDIA.
Final Award
Subject :—Acquisition of land measuring 03 Ka nals being acquired for public purpose namely "Construction of accommodation for security forces at Village Sukhalghati" Tehsil Bhomag for J&K Police.
———
This Collectorate was requested by the Superintendent of Police, Reasi in a letter of formal indent bearing No. GB/LAC-Sukhalghati/2015/ 24662-63 dated 16-7-2015, for the acquisition of land for public purpose 190 The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. [ No. 14
namely "Construction of accommodation for security forces at Village
Sukhalghati" Tehsil Bhomag for J&K Police. Land acquisition
proceedings were initiated under the porvisions of Land Acquisition Act,
1990 Svt. and rules made thereunder. The revenue papers were got
prepared through Tehsildar, Bhomag and also got authenticated by the
Indenting Department.
Accordingly, a notification under section 4 (1) of Land Acquisition
Act No. X Svt. 1990 was issued by this Collectorate vide No. COL/
LA/ACR/Reasi/15/270-274 dated 16-7-2015 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 said notification. In response to said notification, some
of the land owners/interested persons filed objections under section 4(1)
of the Act. This Collectorate vide No. COL/LA/ACR/Reasi/15/364 dated
10-9-2015 communicated the disposal of objections under sections 5 &
5-A of the Act to District Collector who vide No. DC/Rsi/15-16/1776-
80/SQ dated 17-9-2015 submitted the same to Divisional Commissioner,
Jammu. The Divisional Commissioner, Jammu vide No. 502/2498/Acq
of land/Sukhal Ghati/Reasi/2015/2123 dated 18-11-2015 returned the
case to this Collectorate with observations. District Collector, Reasi vide
No. DC/Rsi/17-18/1563-64/SQ dated 03-01-2019 finally submitted the
case to Divisional Commissioner, Jammu for the issuance of declaration
under sections 6 & 7 of the Land Acquisition Act. Revenue Department,
Civil Secretariat, J&K vide Notification No. 79-Rev (LAJ) of 2019 dated
24-5-2019 issued declaration under sections 6 & 7 for the land measuring
03 Kanals for the subject public purpose, with the direction to the
Collector, Land Acquisition (Assistant Commissioner, Revenue), Reasi
that he shall be personally responsible for identification and proper title
verification of all types of land involved in the case and apportionment
of compensation amongst all the interested persons/rightful claimants in
accordance with the relevant laws/rules in force, while making the award
and directed this Collectorate under Section 7 of the said Act to
take order for acquisition of the said land after giving prescribed
notice to the interested person(s) as required under the Land Acquisition
Act/Rules.
Then a notification under sections 9 & 9A of the Land Acquisition
Act was issued by this Collectorate vide No. CLA/ACR/Rsi/294-300 No. 14] The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. 191
dated 07-01-2020, and served upon the land owners/interested persons
and Indenting Department asking them to file their objections regarding
measurement, title and quantum of compensation within a stipulated
period. In response to said notification, no objection was received from
anyone concerned.
PRINCIPLE OF COMPENSATION
The land is located in Village Sukhalghati, Tehsil Bhomag and is
being acquired for Police Department for public purpose. The land
coming under the acquisition is agriculture as well as non-agriculture
in nature. It is reported on 16-7-2015 by the Tehsildar, Bhomag that
no mutation stands attested during the preceding three years and the
average sale deed rate couldn't be worked out. However, Tehsildar,
Bhomag recommended the present market rate to be Rs. 37,500. The
stamp duty rates for the year 2019 notified by the Chairperson, District
Valuation Committee, Reasi vide No. DC/Rsi/18-19/1529-57/SQ dated
31-12-2018 of Village Sukhalghati Tehsil Bhomag, District Reasi were
Rs. 1.30 (in lacs) for irrigated, Rs. 1.17 (in lacs) for unirrigated and
Rs. 1.43 (in lacs) for small plots, per local kanal.
Therefore, keeping in view the report of field staff, location of
land notified stamp duty rates for the year of 2019, this Collectorate
proposed a uniform rate of Rs. 1.20 lacs per local kanal, for the land
under instant acquisition.
The instant case of the land acquisition was placed in the Collectors
meeting on 08-02-2021 under the Chairpersonship of District Collector,
Reasi and rate of land compensation proposed by this Collectorate was
discussed threadbare. The committee of Collectors found the rate of
of land compensation proposed by this Collectorate to be reasonable,
but keeping in view the stamp duty rates under small plots, the committee
unanimously determined a uniform rate of Rs. 1.50 lacs (Rupees one
lac and fifty thousand only) per local kanal, irrespective of classification
of kind of soil for land under instant acquisition. The minutes of the
said Collectors meeting have been communicated to this Collectorate
vide No. DC/Rsi/20-21/2006-12/SQ dated 18-2-2021. Thereafter, a
revised draft award bearing No. CLA/ACR/20-21/233 dated 05-03-2021
was submitted to the District Collector, Reasi for the approval of rate 192 The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. [ No. 14
of land compensation and sanction of awarded amount in the light of
SRO-132 of 2019 dated 25-2-2019. The District Collector (Deputy
Commissioner), Reasi vide No. DC/Rsi/20-21/2141-44/SQ dated 05-03-
2021 accorded the approval of rate of land compensation and sanction
of awarded amount.
Further, no structure, fruit bearing/non-fruit bearing trees have been
reported to come under the acquisition.
Hence the compensation worked out to be as under :—
· Compensation of 03 Kanals of land for Rs. 4,50,000/-
irrespective kind of soil @ Rs. 1.50 lacs,
per Local Kanal
Jabrana @ 15% Rs. 67,500/-
· Administrative charges @ 0.5% Rs. 2250/-
· G. Total Rs. 5,19,750/-
The requisite certificates are recorded as under :—
1. The land is needed for public purpose i. e. "Construction of accomodation for security forces in Village Sukhalghati," Tehsil
Bhomag for J&K Police.
2. That the adequate funds on account of land compensation 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.
No. 14] The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. 193
Therefore, I, Sanjay Kumar Badyal, KAS, Collector, Land Acquisition
(Assistant Commissioner, Revenue), Reasi, in exercise of powers vested in
me under section 11 of J&K Land Acquisition Act, 1990 Svt. hereby issue
the final award for an amount of Rs. 5,19,750/- (Rupees five lacs nineteen
thousand seven hundred and fifty only) for the land measuring 03 Kanals in
Village Sukhalghati, for public purpose i. e. "Construction of accommodation
for security forces at village Sukhalghati" Tehsil Bhomag for J&K Police.
(Sd.) SANJAY KUMAR BADYAL, KAS,
Collector, Land Acquisition
(Assistant Commissioner, Revenue),
Reasi.
————
194 The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. [ No. 14
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No. 14] The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. 195
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o T 196 The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. [ No. 14
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE DEPUTY COMMISSIONER, RAMBAN.
Subject :— Transfer of State land measuring 05 Kanals, under Khasra
No. 929, situated at Village Kanga, Tehsil Ramban for construction of Bal Ashram/Nari Niketan building of the Social Welfare Department.
———
Order No. 01-Rev(SQ) of 2021
Dated 28-04-2021
In exercise of the powers vested in me vide Government Order No. 30–Rev(S) of 2019 dated 05-03-2019, issued by the Revenue Department, sanction is hereby accorded to the transfer of State Land measuring 05 Kanals, under Khasra No. 929, situated at Village Kanga, Tehsil Ramban for construction of Bal Ashram/Nari Niketan building of the Social Welfare Department in favour of the Social Welfare Department through Director, Social Welfare, Jammu forthwith.
The land shall only be used for the purpose for which the sanction of transfer has been accorded, after obtaining all the codal formalities as may be required for construction of Bal Ashram/Nari Niketan building. No diversion of land for any other purpose is allowed without obtaining prior approval of the competent authority.
(Sd.) MUSSARAT ISLAM, KAS,
Deputy Commissioner, Ramban.
——— GOVERNMENT OF JAMMU AND KASHMIR,
MINISTRY UNDER REHABILITATION, OFFICE OF DEPUTY CUSTODIAN, EVACUEE PROPERTY, POONCH.,
Notification
In the pursuance of section 06 read with section 9A of the Jammu and Kashmir State Evacuee (Administration of Property) Act VI of 2006, the Deputy Custodian is pleased to notify for general information the list of evacuees properties specified in the schedule annexed hereto, which have vested in him.
No. 14] The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. 197
Schedule
S. No. Description Location
—————————————————————————————
1 Ayaz Ahmad S/o Naseeb Ahmad Kh. No. (249) House 3 Rooms each (12x10), Village Loby (15x10), Kitchen (12x10) Dhargaloon, and Bathroom (8x8) Tehsil Balakote.
(Sd.) MR. AJAZ AHMED
Deputy Custodian, Evacuee Property, Poonch.
———
GOVERNMENT OF JAMMU AND KASHMIR, MINISTRY UNDER REHABILITATION, OFFICE OF DEPUTY CUSTODIAN, EVACUEE PROPERTY,
POONCH.
Notification
In the pursuance of section 06 read with section 9A of the Jammu and Kashmir State Evacuee (Administration of Property) Act VI of 2006, the Deputy Custodian is pleased to notify for general information the list of evacuees properties specified in the schedule annexed hereto, which have vested in him.
Schedule
S. No. Description Location
—————————————————————————————
1. Mohd Ghulab S/o Mohd Bashir Kh. No. (2228) 1 House 36x32 Village 2 shops on 1st Floor each (12x10) Dhargaloon, and Bathroom (8x8) Tehsil Balakote.
2. Nissar Ahmad S/o Hassan-Din-Bandi Kh. No. (2093) (30x50) Village Four shops on Bandi each (10x12) Dhargaloon,
Tehsil Balakote.
(Sd.) MR. AJAZ AHMED,
Deputy Custodian,
Evacuee Property, Poonch.
———
198 The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. [ No. 14
GOVERNMENT OF JAMMU AND KASHMIR,
MINISTRY UNDER REHABILITATION, OFFICE OF
DEPUTY CUSTODIAN, EVACUEE PROPERTY,
POONCH.
Notification
In the pursuance of section 06 read with section 9A of the Jammu
and Kashmir State Evacuee (Administration of Property) Act VI of 2006,
the Deputy Custodian is pleased to notify for general information the
list of evacuees properties specified in the schedule annexed hereto,
which have vested in him.
Schedule
S. No. Description Location
—————————————————————————————
1. Javaid Ahmad S/o Jamal-Din Kh. No. (2089)
3 Shops each (10x16) Village
Dhargaloon, Tehsil Balakote.
2. Naseer Ahmad S/o Sher-Dil Kh. No. (1363) 1 House 2 Rooms each (12x15), Village Kitchen (13x12), Loby (12x12), Dhargaloon, Store (6x4) and Shop (14x24) Tehsil Balakote.
(Sd.) MR. AJAZ AHMED
Deputy Custodian, Evacuee Property Poonch.
———
GOVERNMENT OF JAMMU AND KASHMIR,
MINISTRY UNDER REHABILITATION, OFFICE OF
DEPUTY CUSTODIAN, EVACUEE PROPERTY,
POONCH.
Notification
In the pursuance of section 06 read with section 9A of the Jammu
and Kashmir State Evacuee (Administration of Property) Act VI of 2006, No. 14] The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. 199
the Deputy Custodian is pleased to notify for general information the list of evacuees properties specified in the schedule annexed hereto. which have vested in him.
Schedule
S. No. Description Location
—————————————————————————————
1. Mohd Gulzar S/o Said Mohd Kh. No. (1281) House (36x18), 2 Rooms (18x12) Village each, Kitchen (4x5) and Dhargaloon, Gali (5x5) Tehsil Balakote.
2. Ab. Rehman S/o Said Mohd Kh. No. (1306) 3 Shops (15x12) each, Village House 3 Rooms each (12x15) Dhargaloon, Kitchen (10x10) Bath Room (8x6) Tehsil Balakote. and Loby (15x6)
(Sd.) MR. AJAZ AHMED,
Deputy Custodian, Evacuee Property, Poonch.
———
GOVERNMENT OF JAMMU AND KASHMIR, MINISTRY UNDER REHABILITATION, OFFICE OF DEPUTY CUSTODIAN, EVACUEE PROPERTY,
POONCH.
Notification
In the pursuance of section 06 read with section 9A of the Jammu and Kashmir State Evacuee (Administration of Property) Act VI of 2006, the Deputy Custodian is pleased to notify for general information the list of evacuees properties specified in the schedule annexed hereto, which have vested in him.
Schedule
S. No. Description Location —————————————————————————————
1. Mohd Farooq S/o Ali Haider Kh. No. (2088) 3 Shops each, (12x12), Village
Dhargaloon, Tehsil Balakote.
200 The J&K Official Gazette, 1st July, 2021/10th Asad., 1943. [ No. 14
2. Shazad Ahmad S/o Mohd Sadiq Kh. No. (2121/1) 3 Shops each (10x12) Village
Dhargaloon, Tehsil Balakote.
3. Noor Hussain S/o Sain Kh. No. (394/1)
House 2 Rooms each, (16x12), Village and 2 Shops each (12x14) Dhargaloon,
Tehsil Balakote.
(Sd.) MR. AJAZ AHMED,
Deputy Custodian,
Evacuee Property, Poonch.
THE
JAMMU & KASHMIR OFFICAL GAZETTE
Vol. 134] Jammu, Thu., the 1st July 2021/10th Asad., 1943. [No. 14
Separate paging is given to this part in order that it may be filed as a separate compilation.
ADVERTISEMENTS—C
———–
GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE OF SAINIK WELFARE,
AMBPHALLA/JAMMU
ADVERTISEMENT NOTICE 189-ESTT/DSW/2021
Dated 8 June, 2021.
Applications are invited on the proforma attached as Appendix
'A' to this Notification for the following posts on contractual basis
for three years :—
Name of Post No. of Pay Scale Minimum Qualification
Post
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4
–––––––––––––––––––––––––––––––––––––––––––––––––––––
Lady Assistant, 01 L-6E (35900- i) Should be Civil Graduate.
Zila Sainik 113500) ii) Should have served in the
Welfare Office, (Basic Pay Defence Forces/Widow of
Jammu only Armed Forces Personnel/
(District Cadre) authorized) Wife of Ex-Servicemen/Wife 56 The J&K Govt. Gazette, 1st July 2021/10th Asad., 1943. [No. 14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4
–––––––––––––––––––––––––––––––––––––––––––––––––––––
of Serving Armed Forces
Personnel.
iii) Minimum age 21 years,
Maximum age 52 years.
iv) Should qualify entrance
test as per prescribed syllabus.
2. The prescribed application form should reach Zila Sainik
Welfare Office, Jammu by 15 July, 2021 along with attested copies
of following documents :—
(a) Academic Qualification Certificate and Marks Certificate.
(b) Permanent Resident Certificate/Domicile Certificate.
(c) Discharge Certificate of individual, where applicable.
(d) Pension Payment Order, where applicable.
(e) A certificate from CO/OC Troops of husband in active
service for wife of serving Armed Forces Personnel/Part
Two Order.
3. The department has full right to reject the application forms
not meeting the eligibility conditions.
4. Eligible candidates will have to appear for a written test and
interview at their own expenses.
5. Incomplete application forms, application not accompanied by
the requisite attested copies of certificates as indicated above and
applications received late will be not be considered.
6. The place and date of interview shall be intimated later. The
candidates who apply for the post and do not get a call letter for
Written Test/Interview will not seek reasons for rejection of their
applications from the department.
(Sd.) BRIGADIER GURMEET SINGH SHAN,
Director, Sainik Welfare Deptt., J&K No. 14] The J&K Govt. Gazette, 1st July 2021/10th Asad., 1943. 57 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— Appendix 'A'
APPLICATION FOR APPOINTMENT AS LADY
ASSISTANT, ZSWO, JAMMU (FILLED APPLICATION BE
SENT TO ZILA SAINIK WELFARE OFFICE, AMBPHALLA,
JAMMU-180005)
1. Name of candidate......................................
PACE FOR
2. No., Rank and Name of husband/
PHOTOGRAPH OF
Ex-Service Women....................................... APPLlCANT DULY
ATTESTED
....................................................................
3. Fathers Name ..................................
4. Address (Permanent and Present)..................
5. Tele No..................................................................................
6. E-mail id....................................................................................
7. Date of Birth................................................................................
8. Date of Enrolment of husband/ESM Women...........................
9. Date of Discharge of husband/ESM Women------------------------
10. Cause of Discharge of husband/ESM Women (in case discharged
on medical grounds, mention disability with % and also attach
disability certificate)................................................................
.........................................................................................................
11. Character at the time of discharge of husband/ESM
Women....................................................................................
12. Pension Payment Order, where applicable (Attach attested copies
of certificate)................................
13. Certificate from CO/OC Troops of husband in active service
for wife of serving Armed Forces Personnel/Part Two Order,
where applicable, attach...................................................
58 The J&K Govt. Gazette, 1st July 2021/10th Asad., 1943. [No. 14 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 14. Are you a permanent resident of the State/Domicile, if so attach
attested copy...............................................
15 . Qualifications :—(Class l0th onwards, Attested copies of
| Name of the Examination | Year of Passing | Name of University/ Board | of marks obtained | Percentage Division obtained | |
16. Computer/IT qualifications/experience (Attach attested copies of
certificates)........................................
17. Past experience, if any (brief note)................................................
..............................................................................................
18. Have you ever been arrested/imprisoned under law..............................
19. It is certified that I am a bona fide Ex-service Women/Widow
of Armed Forces Personnel/Wife of Ex-Servicemen/Wife of
Serving Armed Forces Personnel and am drawing Rs.....................as
army pension.
Pension of Rs.................................................
Dated :.............................
Place :.............................
Signature of the applicant.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Mon., the 11th Jan., 2021/21st Pausa., 1942. [ No. 41-j
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 11th of January, 2021.
SO–11.—Whereas, Bandipora Police had received reliable information
on 28-03-2015 that Shabir Ahmad Shah, Chairman Democratic Freedom
Party after conclusion of Friday paryers at Naidkhai had given a speech to
a public gathering and raised slogans against the sovereignty and intergrity
of India during his speech ; and 2 The J&K Official Gazette, 11th Jan., 2021/21st Pausa, 1942. [No. 41-j ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Whereas, a case FIR No. 52/2015 under Section 13 Unlawful Activities
(Prevention) Act, 1967, came to be registered in Police Station, Sumbal
and investigation of the case was taken up ; and
3. Whereas, during the course of investigation, site plan of place of
occurrence 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 investigation, it was revealed that the
accused after Friday prayers had appeared in Naidkhai and raised anti-
national slogans and also instigated the youth of the area against the
sovereignty and integrity of the country ; and
5. Whereas, on the basis of investigation , statement of witnesses recorded
and other evidence collected, the Investigation Officer has prima facie
established involvement of the below mentioned accused persons for
commission of offences punishable under relevant sections of law as
shown against each of Unlawful Activities (Prevention) Act, 1967 :—
S. No. Name of the accused Offence
—————————————————————————————
1. Shabir Ahmad Shah S/o Mohammad Shah 13
R/o Anantnag, A/P Badshah Colony, Sant ULA(P) Act
Nagar, Srinagar.
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 dairy file and all the other relevant
documents relating to the case and has come to the conclusion that prima
facie case is made out against the above accused has been made out ; 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 No. 41-j] The J&K Official Gazette, 11th Jan., 2021/21st Pausa, 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 Government
hereby accords sanction for launching prosecution against the above
mentioned accused for commission of offences punishable under sections
13 of Unlawful Activities (Prevention) Act, in the case FIR No. 52/2015 of
Police Station, Sumbal.
By order of the Government of Jammu and Kashmir.
(Sd.) --------------------------
Principal Secretary to the Government,
Home Department.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Mon., the 22nd March, 2021/1st Chai., 1943. [No. 51-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 22nd March, 2021.
SO–101.—Whereas, on 26-09-2020, Handwara Police, during cordon and search operation at Village Mandigam arrested one person namely Akeel Ahmad Parray S/o Wali Mohd Parray R/o Mandigam affiliated with banned terrorist Let outfit and recovered 01 Pistol Magazine, 05 Pistol Rounds and some letter pads of Let outfit from
his possession ; and 2 The J&K Official Gazette, 22nd March, 2021/1st Chai., 1943. [No. 51-g ––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Whereas, a case FIR No. 90/2020 under sections 16, 18, 20
ULA(P) Act, 1967, was registered in Police Station, Kralgund and
investigation of the case was taken up ; and
3. Whereas, during the course of investigation, site plan of place
of occurance 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 person was working as OGW for the terrorist of LeT outfit
namely Sajad Ahmad Mir @ Haider R/o Brath, Sopore and procured
arms/ammunition from him for carrying out the terrorist activities in
the area. Subsequently the terrorist Sajad Ahamd Mir was killed in the
encounter by the security forces ; 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 in the commission fo offences punishable under Unlawful
Activities (Prevention) Act, 1967 as shown against his name :—
S. No. Name of the accused Offence
————————————————————————————
1. Akeel Ahmad Parray S/o Wali 13, 23, 39
Mohd R/o Mandigam, Kralgund 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 dairy file and all the
other relevant documents relating to the case and has come to the
conclusion that prima facie case is made out against the above accused ;
and
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.
No. 51-g ] The J&K Official Gazette, 22nd March, 2021/1st Chai., 1943. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 accused
persons for the commission of offences punishable under sections 13,
23, 39 of Unlawful Activities (Prevention) Act, 1967, in the case FIR
No. 90/2020 of Police Station, Kralgund.
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, Sun., the 29th March, 2020/9th Chai., 1942. [ No. 52-c –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT
Notification
Jammu, the 29th March, 2020.
SO-114.—In exercise of the powers conferred by sub-section (5) of
Section 432 of Code of Criminal Procedure, 1973 (Central Act 2 of 1974)
and of all other powers enabling in this behalf, the Government hereby
makes the following rules :—
1. Short title.—(1) These rules may be called the Jammu and
Kashmir Suspension of Sentence Rules, 2020 and will come into force with
immediate affect.
2 The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. [No. 52-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 2. Definition.—Unless the context otherwise requires, in these
rules,—
(a) 'Competent Authority' refers to head of Prisons Department ;
(b) 'Form' means a form appended to these rules ;
(c) 'Furlough' refers to leave of absence for good conduct that will
count towards sentence ;
(d) 'Government' means the Government of Jammu and
Kashmir ;
(e) 'Leave' means an emergency or ordinary leave in the form of
Parole or Furlough ;
(f) 'Parole' means temporary release of a convicted prisoner for short period to fulfil family/social obligation and responsibility ;
(g) 'Sentence' means a sentence as finally fixed on appeal or revision or otherwise and includes an aggregate or more sentences than one. Sentence in default of payment of fine shall not be taken into consideration while fixing eligibility for leave.
3. Leave is not a Right.—Leave cannot be claimed as a matter of
right. It is only a concession.
The Competent Authority shall reserve the right to debar or withdraw
any prisoner(s) from the concession of this leave.
4. Definition of Family.— Definition of family of a prisoner for this chapter means grandparents, parents, brothers, sisters, spouse, children and grandchildren.
Parole
5. Types of Parole.—There shall be two kinds of parole to which a
convict would be eligible—
A. Custody Parole or Emergency Parole ;
B. Regular Parole.
No. 52-c] The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
6. Custody Parole.—Custody parole may be grunted to a convict
by an order in writing issued by the Jail Superintendent, under intimation to
the Head of Prisons Department (HoPD), and to an undertrial prisoner by
the trial court concerned for a period not more than 48 hours excluding the
journey time in the following eventualities :—
i. Death of a family member ;
ii. Marriage of a family member ;
iii. Serious illness of a family member ; or
iv. Any other emergency with the approval of the range DIG,
Prisons.
The prisoners who have been convicted but their appeal are pending
before the higher courts may also avail custody parole from the prison
authority.
7. The Jail Superintendent will verify the existence of the
circumstances mentioned above from the concerned Police Station or any
other authority immediately on the receipt of application to that effect.
The custody parole may be granted to visit any place within India
subject to reasonable logistic and security constraints.
The prisoner would he escorted to the place or visit until his return
therefrom ensuring the safe custody of the prisoner by the escorting party
(Police). Such prisoner would be deemed to be in prison for the period and
would be treated as period spent in prison.
8. Regular Parole.—The cases of eligible prisoners shall be
considered for regular parole by the Competent Authority, subject to any
direction(s) issued by the Government in this behalf. Further, parole granted
under these rules shall be intimated to the Home Department.
4 The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. [No. 52-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 9. Grounds for Parole.—Subject to fulfillment of the condition/
restriction stipulated, the Competent Authority shall consider application for
parole on the following grounds :—
i. Serious illness of a family member.
ii. Critical conditions in the family on account of accident or death
of' a family member.
iii. Marriage of any member of the family of the convict.
iv. Delivery of a child by the legally wedded wife of the convict.
v. Serious damage to life or properly of the family of the convict
including damage caused by natural calamities.
vi. Sowing and harvesting of crops.
vii. To maintain family and social ties.
viii. To pursue the filing of a Special Leave Petition before the
Supreme Court of India against a Judgment delivered by the
High Court convicting or upholding the conviction, as the case
may be.
10. Eligibility for Parole.— Eligibility for parole shall be regulated
as per following criteria :—
I. A convict must have served at least the period of one year in
prison excluding undertrial period and any period covered by
remission. However, in exceptional cases, where the prisoner
has spent more than 3 years as undertrial period or half of the
sentence of the punishment awarded as undertrial then his parole
application may be considered, if he has spent at least 6 months
in prison as convict.
II. The conduct of the prisoner who has been awarded major
punishment for any prison offence should have been uniformly No. 52-c] The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
good for last two years from the date of application and the
conduct of prisoner who has been awarded minor punishment
or no punishment for any prison offence in prison should have
been uniformly good for last one year from the date of
application.
III. During the period of release on parole or furlough, if granted
earlier, the convict should not have committed any crime.
IV. The convict should not have violated any terms and conditions
of the parole or furlough granted previously.
V. A minimum of six months ought to have elapsed from the date
of surrender on the conclusion of the previous parole availed.
In emergency, parole may be considered even if minimum period
of six months has not elapsed from the date of termination of
previous parole. The emergency may include delivery of a child
by the wife of the convict, death of a family member, marriage
of children, terminal illness of family members and natural
calamities.
Note :—Emergency of regular parole may also arise and can be
considered on account of delivery by the wife of the
convict, terminal illness of a family member, death of a
family member, marriage of children and any type of
natural calamity, the parole may be processed at shorter
duration, while considering the subsequent prole.
11. Restrictions on release of a prisoner on regular parole.—
The following categories of prisoners shall not be eligible for release on
parole :—
(i) Prisoners convicted under sedition, terrorist activities and NDPS
Act ;
(ii) Prisoners whose immediate presence in the society may be
considered dangerous or otherwise prejudicial to public peace
and order by the District Magistrate of his home District or 6 The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. [No. 52-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— there exists any other reasonable ground such as a pending
investigation in a case involving serious crime ;
(iii) Prisoners who are considered dangerous or have been involved
in serious prison violence like assault, outbreak of riot, mutiny
or escape, or rearrested who absconded while released on parole
or furlough or who have been found to be instigating serious
violation of prison discipline as per the reports in his/her annual
good conduct report ;
(iv) Convicted foreigners subject to prior approval of Ministry of
Home Affairs and Ministry of External Affairs and having valid
permission to stay in India ;
(v) Prisoners suffering from mental illness, if not certified by the
Medical Officer to have recovered ;
(vi) If the prisoner is convicted of murder after rape ;
(vii) If the prisoner is convicted under POCSO ;
(viii) If prisoner is convicted for multiple murders whether in single
case or several cases ;
(ix) If prisoner is convicted for dacoity with murder ;
(x) If prisoner is convicted for murder after kidnapping for ransom.
12. Duration and frequency of regular parole.— Prisoner eligible
for the grant of regular parole should not get it for a period of more than
30 days at a time and not more than two times in a calendar year. However
in exceptional circumstances such parole can be extended up to a maximum
period of 45 days by the Competent Authority but in no case such parole
should be extended further.
Note 1 :—There should be at least one month gap between parole and last
furlough availed and vice-versa.
Note 2 :—If an application of a convict for parole extension is pending
before the Competent Authority during his original parole and his No. 52-c] The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— case is not decided before the expiry of the sanctioned parole
period, the extension shall be deemed to have been granted.
13. Procedure for Parole.— The following procedure would be
followed while processing the application for parole :—
i. An application for grant of parole may be submitted by the
prisoner or his family members to the Jail Superintendent.
ii. The application must contain the following details :—
1. Name of the applicant ;
2. Name of the father of the applicant ;
3. Address of the applicant ;
4. In case the application is being moved by a family member,
the details of relationship with the convict ;
5. Whether any other application of the convict is pending for
parole or furlough ;
6. Reasons for seeking parole ;
7. Last confirmed address of the convict ; and
8. Proposed address where the convict wishes to stay during
parole.
iii. The Jail Superintendent will maintain a Parole Register. Upon
receipt of the application, the Jail Superintendent would make
an entry in the Register immediately. The Jail Superintendent
would verify the grounds stated in the application upon an oral
interview with the prisoner and shall make specific
recommendations with regard to the grounds taken by the
convict in the nominal role ;
iv. The Jail Superintendent will then forward a copy of the
application, only by way of an e-mail, to the Police Station 8 The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. [No. 52-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— concerned where the FIR was registered, the Police Station
concerned of the last known address and where he wishes to
stay and the investigating agency of the case, if any, for their
report ;
v. The report from the Police Station(s) concerned and
investigating agency should be based upon a fair enquiry ;
vi. The report by Police Station (if within the jurisdiction of UT of
J&K) shall be furnished in the format (Form-I) prescribed in
the schedule, and only by way of an e-mail, within two weeks
from the date of receipt of the copy of the said application at
the Police Station. The investigating agency, if any, shall also
follow the same timelines ;
vii. If the report is not received within two weeks from the
concerned Police Station, the Jail Superintendent will send a
communication in writing, and only by way of an e-mail, to the
District Magistrate as well as the Superintendent of Police of
the concerned District with a copy to the concerned Police
Station requiring the submission of a report, only by e-mail,
within two weeks from the date of receipt of the said
communication ;
viii. In case verification report is required from police of any other
State, the same shall be sought from the concerned District
Magistrate as well as Superintendent of Police of the District
concerned, with advance intimation to the concerned Police
Station too. The said report shall be furnished by the concerned
authority in accordance with the Form-I prescribed in the
Schedule within three weeks of the receipt of the copy of the
application for parole ;
ix. In case a report from the concerned Police Station of the
outside State, through the DM/SP of the concerned District,
is not received within three weeks, the Jail Superintendent
shall forward a communication in writing to the Director General No. 52-c] The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
of Police of the State concerned for submission of the report
within two weeks from the date of receipt of the said
communication ;
x. If no report is received by the Jail Superintendent within the
aforementioned prescribed periods, it shall be presumed that
the concerned police authorities have no objection to parole
being granted. Within Jammu and Kashmir, the timelines shall
be with reference to the e-mail communications ;
xi. The application would then have to be immediately forwarded
to the Competent Authority, not later than three days, with a
forwarding note detailing the contents and status of receipt of
report from the concerned police authorities.
14. The Jail Superintendent will forward the parole case to the
Competent Authority with the following details :—
I. Application of the convict ;
II. Police report, if any, and in case no police report has been
received within the prescribed period, copies of communications
with police authorities ;
III. Specific recommendation of the Jail Superintendent ;
IV. Nominal roll of the convict as provided in the Prison Manual ;
V. Medical report(s) of the convict where parole is sought on
medical grounds ;
VI. Any other relevant documents.
Note :—Provided that the Jail Superintendent, before forwarding the
application for parole, should ensure that if the prisoner is eligible
for furlough, then his release on furlough be considered before
forwarding his application for parole and certificate in this regard
be annexed with the application.
10 The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. [No. 52-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 15. The Competent Authority shall maintain the record including the
receipt of the application and its details. It shall decide the matter within one
week and will communicate the decision to the Jail Superintendent who in
turn will communicate the same to the convict.
16. The Competent Authority sanctioning parole may make an
order in writing for the release of a prisoner, subject to the following
conditions :—
(i) That the prisoner shall furnish cash security for the amount
fixed by the Competent Authority as per the financial status of
the family of the convict and execute a personal recognizance
bond, or execute a bond with one or more sureties according to
the directions of the Competent Authority (Refer Forrn-II of
the schedule) ;
(ii) That the prisoner shall reside at the place designated by
the Competent Authority and will not go beyond the specified
limits ;
(iii) That the prisoner will keep good behaviour and will not commit
any offence during the period of release ;
(iv) That the prisoner will report to the Probation Officer, if any, of
the area of his stay during the period of release ;
(v) That the prisoner will neither associate with bad characters nor
lead a dissolute life ;
(vi) That the prisoner will be liable to be recalled immediately to
prison in case he violates any of the conditions ;
(vii) That the prisoner will surrender himself to the Jail
Superintendent on expiry of the release period as granted or on
recall.
17. In case, the convict is not able to furnish the surety, if any,
within two weeks from the copy of the order served, the Jail Superintendent, No. 52-c] The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. 11 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
if applied by convict, may recommend for relaxation in the condition of
parole to the Competent Authority in case the convict is being released for
the first time on parole. In case it is a subsequent parole application, then
the Jail Superintendent shall release the convict on personal bond and on
any other reasonable conditions including cash security from wages earned
by the convict, if the convict has not violated any condition of parole or
furlough granted earlier.
Furlough
18. Duration for Furlough.— A prisoner may be granted 21 days of
furlough twice in one conviction year. If the prisoner commits an offence
during the period is released on furlough, then the period will not be counted
as sentence under gone.
19. Eligibility for Furlough.—In order to be eligible for furlough, a
prisoner must fulfil following criteria :—
i. A prisoner who is sentenced to 5 years or more of rigorous
imprisonment and must have undergone 2 years imprisonment
after conviction with unblemished record ;
ii. Good conduct in the prison and continues to maintain good
conduct ;
iii. The prisoner should not be a habitual offender ;
iv. The prisoner should be a citizen of India.
20. Restriction on release of a prisoner on furlough.—The
following categories of prisoners shall not be eligible for release on
furlough :—
(i) Prisoners convicted under sedition, terrorist activities and NDPS
Act ;
(ii) Prisoners whose immediate presence in then society may be
considered dangerous or otherwise prejudicial to public peace 12 The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. [No. 52-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— and order by the District Magistrate of his home District or
there exists any other reasonable ground such as a pending
investigation in a case involving serious crime ;
iii. Prisoners who are considered dangerous or have been involved
in serious prison violence like assault, outbreak of riot, mutiny
or escape, or rearrested who absconded while released on parole
or furlough or who have been found to be instigating serious
violation of prison discipline as per the reports in his/her annual
good conduct report ;
iv. Convicted foreigners subject to prior approval of Ministry of
Home Affairs and Ministry of External Affairs and having valid
permission to stay in India ;
v. Prisoners suffering from mental illness, if not certified by the
Medical Officer to have recovered ;
vi. If the prisoner is convicted of murder after rape ;
vii. If the prisoner is convicted under POCSO ;
viii. If prisoner is convicted for multiple murders whether in single
case or several cases ;
(ix) If prisoner is convicted for Dacoity with murder ;
(x) If prisoner is convicted for Murder alter kidnapping for ransom.
However, a prisoner convicted of (vi) to (x) above, may be considered
for furlough by the Competent Authority if the Deputy Inspector General
(Range) of Prisons makes a specific recommendation. In such circumstance
the report/recommendations of the Social Welfare/Probation Officer, if
available, shall be considered while deciding such furlough application.
Further, the spell of furlough for such category would be—
(a) Only one spell of 3 weeks in first two years of eligibility ; and
(b) Two spells of furlough in the subsequent years after the two
furloughs.
No. 52-c] The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. 13 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
21. Procedure for disposal of applications for furlough.—The
following procedure would be followed while processing the application for
furlough and thereafter :—
a. An application for grant of furlough may be submitted by the
prisoner or family members to the Jail Superintendent.
b. The application must contain the following details :—
1. Name of the applicant ;
2. Name of the father of the applicant ;
3. Address of the applicant ;
4. In case the application is being moved by a family member,
the details of relationship with the convict ;
5. Whether any other application of the convict is pending for
parole or furlough ;
6. Reasons for seeking furlough ;
7. Last confirmed address of the convict ; and
8. Proposed address where the convict wishes to stay during
furlough.
c. The Jail Superintendent will maintain a furlough Register. Upon
receipt of the application, the Jail Superintendent would make
an entry in the Register immediately. The Jail Superintendent
would verify the grounds stated in the application upon an oral
interview with the prisoner and shall make specific
recommendations with regard to the grounds taken by the
convict in the nominal roll.
d. The Jail Superintendent will then forward a copy of the application
only by way of an e-mail, to the Police Station concerned where
the FIR was registered, the Police Station concerned of the
last known address and where he wishes to stay and the
investigating agency of the case, if any, for their report ;
14 The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. [No. 52-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— e. The report from the Police Station(s) concerned and investigating
agency should be based upon a fair enquiry ;
f. The report by Police Station (if within the jurisdiction of UT of J&K) shall be furnished in the format (Form-I) prescribed in the schedule, and only by way of an e-mail, within two weeks from the date of receipt of the copy of the said application at the police station. The investigating agency, if any, shall also follow the same timelines.
g. If the report is not received within two weeks from the concerned Police Station, the Jail Superintendent will send a communication in writing, and only by way of an e-mail, to the District Magistrate as well as the Superintendent of Police of the concerned District with a copy to the concerned Police Station requiring the submission of a report, only by e-mail, within two weeks from the date of receipt of the said communication ;
h. In case verification report is required from police of any other State, the same shall be sought from the concerned District Magistrate as well as Superintendent of Police of the District concerned, with advance intimation to the concerned Police Station too. The said report shall be furnished by the concerned authority in accordance with the Form-I prescribed in the Schedule within three weeks of the receipt of the copy of the application for furlough ;
i. In case a report from the concerned Police Station of the outside State, through the DM/SP of the concerned District, is not received within three weeks, the Jail Superintendent shall forward a communication in writing to the Director General of Police of the State concerned for submission of the report within two weeks from the date of receipt of the said communication ;
j. If no report is received by the Jail Superintendent within the
aforementioned prescribed periods, it shall be presumed that
the concerned police authorities have no objection to furlough
being granted. Within Jammu and Kashmir, the timelines shall
be with reference to the e-mail communications.
No. 52-c] The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. 15 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
k. The application would then have to be immediately forwarded
to the Competent Authority, not later than three days, with a
forwarding note detailing the contents and status of receipt of
report from the concerned police authorities.
22. The Jail Superintendent will forward the furlough case to the
competent authority with the following details :—
i. Application of the convict ;
ii. Police report, if any, and in case no police report has been
received within the prescribed period, copies of communications
with police authorities ;
iii. Specific recommendation of the Jail Superintendent ;
iv. Nominal rolls of the convict as provided in the Prison Manual ;
v. Any other relevant documents.
23. The Competent Authority shall maintain the record including the
receipt of the application and its details. It shall decide the matter within one
week and will communicate the decision to the Jail Superintendent who in
turn will communicate the same to the convict. The Competent Authority
shall send a monthly report of the decisions taken by it to the Home
Department.
24. The Competent Authority authorized to sanction furlough may
make an order for the release of a prisoner subject to the same conditions
as are for ordering parole and mentioned under rule 16 above. Further, the
Jail Superintendent shall follow the procedure mentioned in Rule 17 in respect
of furlough cases wherever applicable.
Miscellaneous
25. The Competent Authority shall decide the period of release on
the merits of each case, for reasons to be specified in the order granting
parole/furlough. It is clarified that the non-receipt of police verification report
in the time specified under the above rules shall not be ground for rejection
of parole/furlough application.
16 The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. [No. 52-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 26. While disposing of an application for parole/furlough, the
Competent Authority will assess the behavior and trustworthiness of the
convict on the one hand as well as any adverse repercussions, which may
exist if parole/furlough is granted. The authority will act fairly and record
reasons if the application is rejected.
27. The Competent Authority will maintain a computerized database
to deal with parole and furlough cases. The Competent Authority shall submit
a monthly report to the Government giving relevant details including
sanctioned parole/furlough cases, rejected cases with reasons recorded
thereof, cases of violation of leave conditions, etc.
28. On receipt of an order from the Competent Authority, the prisoner
should be released on parole or furlough after he has executed the necessary
bond and has signed the conditions of release to the satisfaction of the Jail
Superintendent. At the time of release the prisoner should be supplied with
an identity card and certificate of release on parole or furlough.
29. At the time of sanction of parole or furlough, the authorities to be
informed shall include District Magistrate and Superintendent of Police of
the Home District of the prisoner and also the DM and SSP of the concerned
district where the prisoner proposes to spend release period other than the
Home District.
30. In the event a prisoner being released on parole/furlough belongs
to any other State, then the local Police Station of that State shall be requested
to keep a watch on the prisoner so released.
31. A register shall be maintained in the prison in the prescribed
'Form-III' in which all the details relating to release of' prisoners on parole
and furlough shall be maintained. This record shall also be maintained
electronically. The prisoners shall be kept informed of his eligibility and right
to release on parole and furlough on regular basis by updating the record in
the history ticket of the prisoner.
32. The prisoner will himself meet all the expenses, including those
on journey to and from the place of his stay, after his release on parole/
furlough from prison unless the Jail Superintendent is satisfied that the prisoner
or his family cannot bear the travel expenses.
No. 52-c] The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. 17 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
33. If a prisoner does not surrender himself within one week from the
date on which he should have so surrendered, he may be arrested by the
Police without a warrant on the complaint of the Jail Superintendent and
shall be remanded to undergo unexpired portion of his sentence. The
punishments may be awarded to the prisoner for overstaying or jumping the
parole or furlough as the overstaying/jumping on parole or furlough would
amount to misconduct on the part of the prisoner and deemed prison offence
for violation of the terms and conditions of these rules and may be punished
for prison offences as provided in the chapter of prison discipline in the
Prison Manual and the prisoner shall be deemed to have committed an
offence under section 224 IPC and may also be prosecuted accordingly
with Government sanction. In every case of over stay of furlough, the period
spent in violation of the conditions shall not be counted towards part of
sentence served ; the Jail Superintendent shall bring every such fact to the
notice of HoPD and Home Department for their appraisal.
By order of the Government of Jammu and Kashmir.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary to the Government.
––––––
18 The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. [No. 52-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Schedule annexed to the Jammu and Kashmir
Suspension of Sentence Rules, 2020
FORM-I
REPORT FROM THE FIELD
Ref. No.
Name of Convict : Prison :
1. If the prisoner under reference is released on leave,—
(a) What will be the reaction in the locality ?
(b) What will be the feelings of the victim's relatives ?
(c) Whether the life of the prisoner himself will be safe ?
2. Whether the concerned local Sub-Inspector of Police has been consulted, in the case of the first release on leave and is so, what are his views ?
3. A brief past history and conduct of the convict.
4. Whether his release on leave will be welcomed by the people
in the locality ?
5. Whether he has got any property or his own and permanent abode, if so, the particulars and their probable worth and address (This information may be gathered in consultation with Revenue Authority not below the rank of Naib-Tehsildar) ?
6. Whether there are any persons (relative or friends) who can stand surety for the prisoner, if so, their full address and status ?
7. In case he was released on leave previously how did he conduct
himself during the period.
8. Whether reasons given for his request for leave now are
genuine ?
9. Whether the release on leave is recommended ?
10. Any other remarks.
Place: Signature of the Competent Authority
(DM/SP/Executive Magistrate/SDPO/SHO) Office Seal
––––– No. 52-c] The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. 19 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— FORM-II
SURETY BOND
1. Form of Bond to be obtained from a Prisoner to be released on
Leave.
Whereas I, (Name)............................................................son of
.......................................................................inhabitant of (Place)
have been ordered to be released by the Union Territory of J&K on
leave on condition of my entering into a bond to observe the conditions
specified hereafter, I hereby bind myself as follows :—
(I) That I will accept and fulfil the conditions specified below
till the date of expiry of my leave period sanctioned in Order
No....................dated.................for the subsequent extended
period, if any.
(1)
(2)
(3)
(II) In case of breach of any of the above conditions on my I hereby
bind myself and my properties mentioned below fell for the
Union Territory of J&K the sum of Rs. ...............................
(Rupees..........................only) and I also further agree the
Union Territory of J&K may collect the said amount from me
either by proceedings against my under mentioned properties
or any other properties as if the said amount were an arrear of
land revenue or by otherwise proceeding against me legally
and to render myself liable to be rearrested to undergo the
unexpired portion of sentence of imprisonment on the date.
Particulars of Properties
(Here enter the particulars of the properties)
Signed by......................................................dated this......................
day of...........................................20..................................
Witnesses :
(1)
(2)
Signature 20 The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. [No. 52-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 2. Form of Bond to be obtained from Sureties for Prisoner to be released
on Leave. Whereas we, (Name).............(First surety)....................
son of .......................................................................... inhabitant
of (Place)............................and (Name)......................................
(Second surety) son of...............................................inhabitant of
(Place)...................................................jointly and severely declare
ourselves and each of us sureties for convict No. ..........................
(Name).......................son of............................who is undergoing
imprisonment for...................................................in the (Name of
Prison)............................and who is to be sent on leave as per order
No. .......................dated .................... or for the subsequent
extended period, if any, we hereby bind ourselves as follow :—
(i) That we shall see that the above prisoner fulfil all the conditions
specified in the bond executed by him.
(ii) In case of breach of any of the conditions on the part of the
above said prisoner, we hereby bind ourselves and our properties
mentioned below to forfeit to the Union Territory of J&K the
sum of Rs. ............... (Rupees....................only) and we also
agree that the Government may collect the said amount from
either by proceedings against the under mentioned properties
or our other properties, as if the said amount were an arrear of
land revenue, or by otherwise proceedings against us legally.
Particulars of Properties
(Here enter the particulars of properties)
Dated this............................day of.............................20........................
Signature of sureties.
Witnesses :
1.
2.
Executed before me
Signature of Tehsildar.
Official Seal Designation
––––––
No. 52-c] The J&K Official Gazette, 29th March, 2020/9th Chai., 1942. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
FORM-III
LEAVE REGISTER
(Columns 7 to 15 to be initialled by the Jail Superintendent)
l. Serial No.
2. Name of the Prisoner
3. Case No. and Convicting Court
4. Date and period of sentence
5. Date of receipt of application from the prisoner or on his behalf
6. Reasons for leave
7. Date of despatch of application to the Competent Authority
8. Type and period of leave applied for
9. Period sanctioned
10. Order No. and date of sanction
11. Date of release on leave (Whether police escort is provided or not
should be recorded)
12. Due date of return
13. Date of return
14. Period of overstay, if any
15. Result of action taken for overstay, if any
16. Details of sureties
(By order of the Head of Prisons Department) EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Fri., the 4th June, 2021/14th Jyai., 1943. [No. 10-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— 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 13th April, 2021/Chaitra 23, 1943 (Saka).
THE COMMISSION FOR AIR QUALITY MANAGEMENT IN NATIONAL CAPITAL REGION AND ADJOINING AREAS ORDINANCE, 2021
(No. 4 of 2021)
Promulgated by the President in the Seventy-second Year of the
Republic of India.
An Ordinance to provide for the constitution of the Commission for Air Quality Management in National Capital Region and Adjoining Areas 2 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
for better coordination, research, identification and resolution of problems
surrounding the air quality index and for matters connected therewith or
incidental thereto.
WHEREAS, the Commission for Air Quality Management in National
Capital Region and Adjoining Areas Ordinance, 2020 (Ord. 13 of 2020)
was promulgated by the President on the 28th day of October, 2020.
AND WHEREAS, the Bill to replace the Commission for Air Quality
Management in National Capital Region and Adjoining Areas Ordinance,
2020 has not been passed.
AND WHEREAS, the Commission constituted under section 3 of
the Commission for Air Quality Management in National Capital Region
and Adjoining Areas Ordinance, 2020 was operational, but ceased to exist
on account of lapse of said Ordinance on the 12th day of March, 2021.
AND WHEREAS the continuance of the Commission is necessary
for effective management of air quality in the National Capital Region
and Adjoining Areas.
AND WHEREAS, Parliament is not in session and the President is
satisfied that circumstances exist which render it necessary for him to
take immediate action.
NOW, THEREFORE, in exercise of the powers conferred by
clause (1) of Article 123 of the Constitution, the President is pleased to
promulgate the following Ordinance :—
CHAPTER I
Preliminary
1. Short title, application and commencement.—(1) This
Ordinance may be called the Commission for Air Quality Management in
National Capital Region and Adjoining Areas Ordinance, 2021.
No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(2) It shall apply to the National Capital Region and also to adjoining
areas in so far as it relates to matters concerning air pollution in the
National Capital Region.
(3) It shall come into force at once.
2. Definitions.—(1) In this Ordinance, unless the context otherwise
requires,—
(a) "adjoining areas" means the areas in the States of Haryana,
Punjab, Rajasthan and Uttar Pradesh, adjoining the National
Capital Territory of Delhi and the National Capital Region,
where any source of pollution is located, causing adverse
impact on air quality in the National Capital Region ;
(b) "Associate Member" means a member who is co-opted under
sub-section (3) of Section 3 ;
(c) "Chairperson" means the Chairperson of the Commission for
Air Quality Management in National Capital Region and
Adjoining Areas referred to in Section 3 ;
(d) "Commission" means the Commission for Air Quality
Management in National Capital Region and Adjoining Areas
constituted under section 3 ;
(e) "Member" means a Member of the Commission and includes
the Chairperson thereof ;
(f) "National Capital Region" shall have the same meaning as
assigned to it in clause (f) of Section 2 of the National Capital
Region Planning Board Act, 1985 (2 of 1985) ;
(g) "prescribed" means prescribed by rules made under this
Ordinance.
4 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(2) The words used herein and not defined, but defined in the
Environment (Protection) Act, 1986 (26 of 1986), shall have the meaning
as assigned to them in that Act.
CHAPTER II
Commission for Air Quality Management
in National Capital Region and Adjoining Areas
3. Constitution of Commission.—(1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Commission for Air Quality Management in National Capital Region and Adjoining Areas to exercise the powers conferred upon, and to perform the functions assigned to, that Commission under this Ordinance.
(2) The Commission shall consist of the following Members :—
(a) a full-time Chairperson having special knowledge in the field of environment protection or pollution control with experience of not less than fifteen years or having administrative experience of not less than twenty-five years ;
(b) a representative of the Secretary to the Government of India in the Ministry of Environment, Forest and Climate Change, who shall be an officer not below the rank of Joint Secretary, ex-officio ;
(c) five ex-officio Members who are either Chief Secretaries, or Secretaries in-charge of the department dealing with environment protection in the National Capital Territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar Pradesh ;
(d) one full-time member who is or has been a Joint Secretary
to the Government of India ;
(e) three full-time independent technical Members to be appointed from amongst persons having specific scientific knowledge and experience in matters relating to air pollution ;
No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (f) one technical member from the Central Pollution Control
Board, ex-officio ;
(g) one technical member to be nominated by the Indian Space
Research Organisation, ex-officio ;
(h) three members from non-Governmental organisations having experience in matters concerning combating of air pollution ;
(i) one representative of the National Institution for Transforming India, not below the rank of Joint Secretary or Adviser, ex-officio ;
(j) one officer in the rank of Joint Secretary to the Government of India to be appointed by the Central Government as a full-time Member-Secretary of the Commission ;
(k) three members, being stakeholders from such sectors as
agriculture, industry, transport or construction.
(3) The Commission may co-opt the following persons as Associate
Members, namely :—
(a) a representative of the Ministry of Road Transport and Highways, not below the rank of Joint Secretary to the Government of India ;
(b) a representative of the Ministry of Power, not below the rank
of Joint Secretary to the Government of India ;
(c) a representative of the Ministry of Housing and Urban Affairs, not below the rank of Joint Secretary to the Government of India ;
(d) a representative of the Ministry of Petroleum and Natural Gas, not below the rank of Joint Secretary to the Government of India ;
(e) a representative of the Ministry of Agriculture and Farmers' Welfare, not below the rank of Joint Secretary to the Government of India ;
6 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (f) a representative of the Ministry of Commerce and Industry, not below the rank of Joint Secretary to the Government of India ;
(g) a representative of any association of commerce or industry ;
(h) such other Associate Members, as may be prescribed.
(4) The Member-Secretary shall be the Chief Coordinating Officer of the Commission and shall assist the Commission in the discharge of its functions under this Ordinance.
(5) The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in National Capital Region or Adjoining Areas.
(6) Notwithstanding anything contained in any other law for the time being in force, and notwithstanding any judgment or order of any court, the Commission shall have exclusive jurisdiction in the National Capital Region and Adjoining Areas in respect of matters covered by this Ordinance and no other body, authority, individual or committee shall have any power or jurisdiction in the matters covered under this Ordinance :
Provided that the powers, functions and duties of the Commission shall not be in derogation of the powers, functions and duties of the Central Government, the Governments of the National Capital territory of Delhi and of the States of Punjab, Haryana, Rajasthan and Uttar Pradesh, the Central Pollution Control Board, the State Pollution Control Boards of the States of Punjab, Haryana, Rajasthan and Uttar Pradesh and the Pollution Control Committee of the State of Delhi :
Provided further that in case of any conflict in the orders or directions of the Commission and the Governments of the National Capital territory of Delhi and of the States of Punjab, Haryana, Rajasthan and Uttar Pradesh or the Central Pollution Control Board or the State Pollution Control Boards of the States of Punjab, Haryana, Rajasthan and Uttar Pradesh or the Pollution Control Committee of the State of Delhi or any other statutory authority set up or established under a State Act, the order or direction of the Commission shall prevail.
No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 4. Appointment of Chairperson, Members and Member- Secretary.—(1) The full-time Chairperson and full-time Members, other than ex-officio Members, of the Commission shall be appointed by the Central Government :
Provided that every appointment under this sub-section shall, subject to the provisions of second proviso, be made on the recommendations of a Selection Committee consisting of—
(a) Minister in-charge of the Ministry of Environment, Forest and
Climate Change in the Government of India-Chairperson ;
(b) Minister in-charge of the Ministry of Commerce and Industry
in the Government of India-member ;
(c) Minister in-charge of the Ministry of Road Transport and
Highways in the Government of India-member ;
(d) Minister in-charge of the Ministry of Science and Technology
in the Government of India-member ;
(e) Cabinet Secretary-member :
Provided further that in case where the Central Government appoints a serving officer as the Chairperson under clause (a) of sub-section (2) of section 3, or the full-time Member under clause (d) thereof, then, no recommendation of the Selection Committee shall be required.
(2) No appointment of the Chairperson or a Member shall be invalid merely by reason of any vacancy of any member in the Selection Committee referred to in sub-section (1).
(3) The appointment of the Member-Secretary of the Commission shall be made by the Central Government in such manner, subject to such terms and conditions, as may be prescribed.
5. Resignation and removal of Chairperson and Members.— (1) The full-time Chairperson or a Member, other than an ex-officio member, may, by notice in writing under his hand addressed to the Central Government, resign his office.
8 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) The Central Government may remove the Chairperson or any member, other than an ex-officio member, from his office, in such manner as may be prescribed, if such person—
(a) is adjudged an insolvent ;
(b) engages during his term of office in any paid employment
outside the duties of his office ;
(c) is unfit to continue in office by reason of infirmity of mind
or body ;
(d) is of unsound mind and stands so declared by a competent
court ;
(e) has so abused his position as to render his continuance in
office prejudicial to the public interest ;
(f) has acquired such financial or other interest as is likely to
affect prejudicially his functions ; or
(g) is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude :
Provided that no such Member shall be so removed, unless he has been given an opportunity of being heard.
6 . Term of office of Chairperson and Members.—The full-time Chairperson or a Member, other than an ex-officio member, shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier, and shall be eligible for reappointment.
7. Member to act as Chairperson or to discharge his functions in certain circumstances.—(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of death, resignation or otherwise, the Central Government may, by notification, authorise one of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.
No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 9 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the Members as the Central Government may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
8 . Terms and conditions of service of Chairperson and Members.—The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members, other than ex-officio members, shall be such as may be prescribed :
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointment.
9. Vacancies, etc., not to invalidate proceedings of Commission.—No act or proceedings of the Commission shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Commission.
10. Procedure to be regulated by Commission.—(1) The Commission shall meet at such time and place as the Chairperson may think fit.
(2) Subject to the provisions of this Ordinance and the rules made thereunder, the Commission shall have the power to lay down by regulations its own procedure.
(3) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by the Chairperson in this behalf.
(4) The Commission may, by general or special order, subject to such conditions and limitations, if any, as may be specified therein, delegate to the Chairperson, full-time member, Member-Secretary or any Sub-Committee constituted under section 11, such of its powers under this Ordinance (except the power to make regulations under section 25), as it may deem necessary or expedient for the purpose of protecting and improving the quality of the air in the Nation Capital Region and Adjoining Areas.
10 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 11. Sub-Committee and other staff of Commission.—(1) The Commission shall have at least the following three Sub-Committees :—
(a) Sub-Committee on Monitoring and Identification ;
(b) Sub-Committee on Safeguarding and Enforcement ;
(c) Sub-Committee on Research and Development.
(2) The Sub-Committee on Monitoring and Identification shall be headed by a Member of the Commission chosen by it and shall have the following additional members, namely :—
(a) one representative from the Central Pollution Control Board ;
(b) one representative each from the State Pollution Control Board
or Committee, as the case may be, of the National Capital territory of Delhi, Punjab, Haryana, Rajasthan and Uttar Pradesh ;
(c) one representative from the National Environmental
Engineering Research Institute ; and
(d) such other members as may be specified by regulations.
(3) The Sub-Committee on Safeguarding and Enforcement shall be headed by the full-time Chairperson of the Commission and shall have the following additional members, namely :—
(a) one representative each, not below the rank of Secretary from the department tackling air pollution from the National
Capital territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar Pradesh ;
(b) one representative each from the State Pollution Control Board or Committee, as the case may be, from National Capital territory of Delhi and the States of Punjab, Haryana, Rajasthan and Uttar Pradesh ;
No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(c) one officer not below the rank of Inspector General of Police
or equivalent from the National Capital territory of Delhi
and the States of Punjab, Haryana, Rajasthan and Uttar
Pradesh ;
(d) such other members as may be specified by regulations.
(4) The Sub-Committee on Research and Development shall be
headed by a full-time technical member of the Commission and shall have
the following additional members, namely :—
(a) two technical representatives from the National Environmental
Engineering Research Institute ;
(b) one technical representative each from research institutions
or universities or colleges or organisations in the National
Capital territory of Delhi and in the States of Punjab, Haryana,
Rajasthan and Uttar Pradesh ;
(c) two technical representatives from the field of medicine and
research working or studying on the impact of air pollution on
living beings ;
(d) such other members as may be specified by regulations.
(5) The Commission may also constitute such other Sub-Committees
as it thinks fit.
(6) The members of the Sub-Committees, other than ex-officio
members, shall be paid such allowances as may be prescribed.
(7) The Central Government, in consultation with the Commission,
shall determine the nature and the categories of officers and other staff
required to assist the Commission in the discharge of its function and
provide the Commission with such officers and employees as it may
deem fit.
12 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(8) The officers and other staff of the Commission shall discharge
their duties and functions under the General Superintendence of the
Chairperson.
(9) The salaries, allowances and conditions of service of the officers
and other staff appointed under sub-section (7) shall be such as may be
prescribed.
CHAPTER III
Powers and Functions of the Commission
12. Powers and functions of Commission.—(1) Notwithstanding
anything contained in any other law for the time being in force, the
Commission shall have the power to take all such measures, issue directions
and entertain complaints, as it deems necessary or expedient for the
purpose of protecting and improving the quality of the air in the National
Capital Region and Adjoining Areas and shall also have the duty to take
all such measures as may become necessary for protecting and improving
the quality of the air in the National Capital Region and Adjoining Areas.
(2) In particular and without prejudice to the generality of sub-
section (1), the Commission shall, for the purposes of sub-section (1),
have the following powers to perform its duties, including taking measures
to abate air pollution and to regulate or prohibit activities that are likely
to cause or increase air pollution in the National Capital Region and
Adjoining Areas, namely :—
(i) coordination of actions by the Governments of the National
Capital territory of Delhi and the States of Punjab, Haryana,
Rajasthan and Uttar Pradesh, officers and other authorities
under this Ordinance or the rules made thereunder or under
any other law for the time being in force, which is relatable
to the objects of this Ordinance ;
(ii) planning and execution of a programme for the region for the
prevention, control and abatement of air pollution ;
No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(iii) laying down parameters for the quality of air in its various
aspects ;
(iv) laying down parameters for emission or discharge of
environmental pollutants from various sources whatsoever
that have implications on air quality in the region :
Provided that different parameters for emission or discharge
may be laid down under this clause from different sources
having regard to the quality or composition of the emission or
discharge of environmental pollutants from such sources that
have implications on air quality in the region ;
(v) restriction of areas in which any industries, operations or
processes or class of industries, operations or processes, that
have implications on air quality in the region, shall not be
carried out or shall be carried out subject to certain safeguards ;
(vi) carrying out and requiring investigations and research relating
to problems of environmental pollution that have implications
on air quality in the region ;
(vii) inspection of any premises, plant, equipment, machinery,
manufacturing or other processes, materials or substances
and giving, by order, of such directions to such authorities,
officers or persons as it may consider necessary to take
steps for the prevention, control and abatement of air pollution
in the region ;
(viii) collection and dissemination of information in respect of matters
relating to air pollution in the region ;
(ix) preparation of manuals, codes or guides relating to the
prevention, control and abatement of air pollution in the
region ;
14 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(x) appoint officers, with prior approval of the Central Government,
with such designations as it thinks fit for the purposes of this
Ordinance and may entrust to them such of the powers and
functions under this Ordinance or for the purposes of achieving
the objects of this Ordinance as it may deem fit ;
(xi) issue directions in writing to any person, officer or any
authority and such person, officer or authority shall be bound
to comply with such directions.
Explanation :— For avoidance of doubts, it is hereby declared that the
power to issue directions under this section includes the
power to direct—
(a) the closure, prohibition or regulation of any industry, operation
or process ; or
(b) stoppage or regulation of the supply of electricity or water or
any other service.
(3) (a) Subject to the provisions of this section, any person authorised
by the Commission in this behalf shall have a right to enter, at all reasonable
times and with such assistance as he considers necessary, any place, for
the purpose of—
(i) performing any of the functions of the Commission entrusted
to him ;
(ii) determining whether and if so in what manner, any such
functions are to be performed or whether any provisions of
this Ordinance or the rules made thereunder or any notice,
order, direction or authorisation served, made, given or granted
under this Ordinance is being or has been complied with ;
(iii) examining and testing any equipment, industrial plant, record,
register, document or any other material object or for No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
conducting a search of any building in which he has reasons
to believe that an offence under this Ordinance or the rules
made thereunder has been or is being or is about to be
committed and for seizing any such equipment, industrial plant,
record, register, document or other material object if he has
reasons to believe that it may furnish evidence of the
Commission of an offence punishable under this Ordinance
or the rules made thereunder or that such seizure is necessary
to prevent or mitigate environmental pollution.
(b) Every person carrying on any industry, operation or process or
handling any hazardous substance shall be bound to render all assistance
to the person empowered by the Commission under clause (a) for carrying
out the functions under that clause and if he fails to do so without any
reasonable cause or excuse, he shall be guilty of an offence under this
Ordinance.
(c) If any person willfully delays or obstructs any person authorised
by the Commission under clause (a) in the performance of his functions,
he shall be guilty of an offence under this Ordinance.
(d) The provisions of the Code of Criminal Procedure, 1973
(2 of 1974) shall apply to any search or seizure under this section as they
apply to any search or seizure made under the authority of a warrant
issued under section 94 of the said Code or, as the case may be, under
the corresponding provisions of the said law.
(4) (a) The Commission or any officer authorised by it in this behalf,
shall, for the purpose of analysis, have power to take samples of air from
any factory, premises or other place in such manner as may be prescribed.
(b) The result of any analysis of a sample taken under clause (a)
shall not be admissible in evidence in any legal proceeding unless the
provisions of clauses (c) and (d) are complied with.
16 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(c) Subject to the provisions of clause (d), the person taking the
sample under clause (a) shall,—
(i) serve on the occupier or his agent or person in-charge of the
place, a notice, then and there, in such form as may be
prescribed, of his intention to have it so analysed ;
(ii) in the presence of the occupier or his agent or person, collect
a sample for analysis ;
(iii) cause the sample to be placed in a container or containers
which shall be marked and sealed and shall also be signed
both by the person taking the sample and the occupier or his
agent or person ;
(iv) send without delay, the container or the containers to the
laboratory established or recognised by the Central
Government ;
(d) when a sample is taken for analysis under clause (a) and the
person taking the sample serves on the occupier or his agent
or person, a notice under sub-clause (i) of clause (c), then,—
(i) in a case where the occupier, his agent or person wilfully
absents himself, the person taking the sample shall collect
the sample for analysis to be placed in a container or
containers which shall be marked and sealed and shall also
be signed by the person taking the sample ; and
(ii) in a case where the occupier or his agent or person present
at the time of taking the sample refuses to sign the marked
and sealed container or containers of the sample as required
under sub-clause (iii) of clause (c), the marked and sealed
container or containers shall be signed by the person taking
the samples,
and the container or containers shall be sent without delay by the person
taking the sample for analysis to the laboratory established or recognised
by the Central Government and such person shall inform the Government No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 17 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Analyst appointed or recognised, about the wilful absence of the occupier
or his agent or person, or, as the case may be, his refusal to sign the
container or containers.
(5) In discharge of its functions and exercising of its authority, the
Commission and the Sub-Committees mentioned in Section 11 shall be
bound by such general or specific directions of the Central Government,
as may be issued from time to time.
(6) For removal of doubts, it is hereby clarified that notwithstanding
anything contained in any other law for the time being in force, and
notwithstanding any judgment or order of any court, and subject to the
provisions of this Ordinance, the Commission shall have exclusive jurisdiction
in respect of matters covered by this Ordinance and no other body or
authority or committee or individual shall have any power or jurisdiction
in that matter.
(7) In particular and without prejudice to the generality of the
foregoing provisions, the Commission shall perform all or any of the
following functions, namely :—
(a) t a k e u p m a t t e r s suo motu, or on the basis of complaints
made by any individual, representative body or organisation
functioning in the field of environment, against any individual,
association, company, public undertaking or local body carrying
on any industry, operation or process ;
(b) provide the mechanism and the means to implement in the
National Capital Region and Adjoining Areas—
(i) the National Clean Air Programme ;
(ii) the National Air Quality Monitoring Programme ;
(iii) the National Ambient Air Quality Standards ;
18 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(c) provide an effective framework and platform in the National
Capital Region and Adjoining Areas for—
(i) source identification of air pollutants on a periodic
basis ;
(ii) taking on-ground steps for curbing air pollution ;
(iii) specific research and development in the field of air
pollution ;
(iv) synergising the energies and efforts of all stakeholders in
developing innovative ways to monitor, enforce and
research on the issues concerning air pollution ;
(v) building a network between technical institutions working
or researching in the field of air pollution ;
(vi) international cooperation including sharing of international
best practices in the field of air pollution ;
(vii) training and creating a special work-force for tackling the
problem of air pollution ;
(d) provide an effective frame work, action plan and take
appropriate steps for—
(i) tackling the problem of stubble burning ;
(ii) monitoring, assessing and inspecting air polluting agents ;
(iii) increasing plantation ;
(e) monitoring the measures taken by the States to prevent stubble
burning ;
(f) undertake and promote research in the field of air pollution ;
No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(g) spread awareness regarding air pollution among various
sections of society and promote awareness of the collective
steps that the public may take through publications, the media,
seminars and other available means ;
(h) encourage the efforts of non-governmental organisations and
institutions working in the field of air pollution ;
(i) a n y o t h e r f u n c t i o n s a s h a v e b e e n e n t r u s t e d t o a n y ad hoc
committee or commission or task force or body formed for
the purpose of dealing with issues concerning air pollution,
stubble burning or the monitoring of related factors, in
pursuance of any judicial order passed for the time being in
force ;
(j) such other functions as it may consider necessary for the
prevention of air pollution in the National Capital Region and
Adjoining Areas.
1 3 . Annual report.—(1) The Commission shall furnish to the Central
Government an annual report containing such details of the steps taken,
proposals made, researches awaited and other measures undertaken by
it in pursuance of its functions under section 12, in such form and manner
as may be specified by regulations.
(2) The Central Government shall cause the annual report furnished
under sub-section (1) to be laid before each House of the Parliament.
14. Penalty for contravention of provisions of Ordinance,
rule, order or direction.—(1) Any non-compliance or contravention of
any provisions of this Ordinance, rules made thereunder or any order or
direction issued by the Commission, shall be an offence punishable with
imprisonment for a term which may extend up to five years or with fine
which may extend up to one crore rupees or with both :
Provided that the provisions of this section shall not apply to any
farmer for causing air pollution by stubble burning or mismanagement of
agricultural residue.
20 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(2) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), the offence under this Ordinance shall be
non-cognizable and shall be triable by the Judicial Magistrate of the First
Class who shall not take cognizance of the offence except upon a complaint
made by the Commission or any officer authorised by the Commission in
this behalf.
(3) Where any offence under this Ordinance has been committed
by a company, every person who, at the time the offence was committed,
was directly in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly :
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment provided in this Ordinance, if he
proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
(4) Notwithstanding anything contained in sub-section (3), where an
offence under this Ordinance has been committed by a company and it
is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
Explanation :—For the purposes of sub-sections (3) and (4),—
(a) "company" means any body corporate, and includes a firm or
other association of individuals ; and
(b) "director", in relation to a firm, means a partner in the firm.
(5) Where an offence under this Ordinance has been committed by
any Department of Government, the Head of the Department shall be No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly :
Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the
offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
(6) Notwithstanding anything contained in sub-section (5), where an
offence under this Ordinance has been committed by a Department of Government and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall
also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
(7) For the purpose of this section and the procedure to be
followed thereunder, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply.
15. Environmental Compensation.—The Commission may impose and collect Environmental Compensation from farmers causing air pollution
by stubble burning, at such rate and in such manner, as may be prescribed.
CHAPTER IV
Finance, Accounts and Audit
16. Grant by Central Government.—(1) The Central Government
shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the
Central Government may think fit for being utilised for the purposes of this Ordinance.
(2) The Commission may spend such sums as it thinks fit for performing the functions under this Ordinance, and such sums
shall be treated as expenditure payable out of the grants referred to in
sub-section (1).
22 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 17. Accounts and audit.—(1) The Commission shall maintain
proper accounts and other relevant records and prepare an annual statement
of accounts in such form as may be prescribed by the Central Government
in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission shall be audited by the
Comptroller and Auditor-General at such intervals as may be specified by
him and any expenditure incurred in connection with such audit shall be
payable by the Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed
by him in connection with the audit of the accounts of the Commission
under this Ordinance shall have the same rights and privileges and the
authority in connection with such audit as the Comptroller and Auditor-
General generally has in connection with the audit of Government accounts
and, in particular, shall have the right to demand the production of books,
accounts, connected vouchers and other documents and papers and to
inspect any of the offices of the Commission.
(4) The accounts of the Commission, as certified by the Comptroller
and Auditor-General or any other person appointed by him in this behalf,
together with the audit report thereon shall be forwarded annually to the
Central Government by the Commission and the Central Government
shall cause the audit report to be laid, as soon as may be after it is
received, before each House of Parliament.
CHAPTER V
Miscellaneous
18. Appeal.—An appeal shall lie only to the National Green Tribunal
constituted under the National Green Tribunal Act, 2010 (19 of 2010)
against any order, direction or action taken by or on behalf of the
Commission constituted under section 3 of this Ordinance.
19. Constitution of special investigation teams.—
Notwithstanding anything contained in any other law for the time being
in force or any judicial order by any Court, where the Commission considers No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 23 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
it necessary so to do, it may constitute one or more special investigation
teams, consisting of such officers or such persons, as it thinks necessary,
for purposes of carrying out its functions under this Ordinance.
20. Power of Central Government to issue direction.—
Notwithstanding anything contained in any other law for the time being
in force, but subject to the provision of this Ordinance, the Central
Government may issue in writing such direction, as it deems fit, to the
Commission or any person, officer or authority authorised by the
Commission, and the Commission, person, or authority, as the case may
be, shall be bound to comply with such direction.
21. Power of Central Government to call for information.—
The Central Government may, from time to time, call for such information
and reports from the Commission, as it deems fit and the Commission
shall be bound to provide such information and report.
22. Bar of jurisdiction.—No civil court shall have jurisdiction to
entertain any suit, proceeding or dispute pertaining to or arising out of the
actions taken or directions issued by the Commission in respect of any
matter which the Commission is empowered by or under this Ordinance,
except the National Green Tribunal referred to in Section 18.
23. Protection of action taken in good faith.—No suit or other
legal proceeding shall lie against the Central Government, the State
Government, the Commission, or any Member thereof, or any person
acting under the direction either of the Central Government, State
Government, or the Commission in respect of anything which is in good
faith done or intended to be done in pursuance of this Ordinance or of
any rules or any order made thereunder.
24. Members and officers to be public servants.—Every
Member of the Commission and every officer appointed or authorised by
the Commission to exercise functions under this Ordinance shall be deemed
to be a public servant within the meaning of Section 21 of the Indian
Penal Code (45 of 1860).
24 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
25. Power of Central Government to make rules.—(1) The
Central Government may, by notification, make rules to carry out the
provisions of this Ordinance.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely :—
(a) the other Associate Members under clause (h) of sub-section (3)
of Section 3 ;
(b) the manner of removal of Chairperson or a Member under
sub-section (2) of Section 5 ;
(c) the salaries and allowances payable to, and the other terms
and conditions of service of, the Chairperson and Members
under sub-section (1) of Section 8 ;
(d) the allowance payable to the members, other than ex-officio
members of the Sub-Committees, under sub-section (6) of
Section 11 ;
(e) the appointment of such officers and other staff under
sub-section (7) of Section 11 ;
(f) the salaries, allowances and conditions of service of the officers
and other staff under sub-section (9) of Section 11 ;
(g) the manner of taking samples under clause (a), and the form
of notice under sub-clause (i) of clause (c), of sub-section (4)
of Section 12 ;
(h) the rate at which, and the manner in which, the Environmental
Compensation shall be imposed and collected under
section 15 ;
(i) the form in which annual statement of accounts shall be
prepared under sub-section (1) of Section 17 ;
No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 25 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(j) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Ordinance shall be laid, as soon as
may be after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry
of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case
may be ; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule.
26. Power of Commission to make regulations.—(1) Subject to
the provisions of this Ordinance and the rules made thereunder, the
Commission may, with the previous approval of the Central Government,
by notification, make regulations to carry out the provisions of this
Ordinance.
(2) In particular and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of the
following matters, namely :—
(a) the procedure to be followed by the Commission under
sub-section (2) of Section 10 ;
(b) the conditions and limitations subject to which power may be
delegated by the Commission under sub-section (4) of
Section 10 ;
(c) the members of each Sub-Committee under sub-sections (2),
(3) and (4) of Section 11 ;
(d) the form and the manner of furnishing annual report under
Section 13 ;
26 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(e) any other matter which has to be, or may be, specified by
regulations.
(3) Every regulation made by the Commission under this Ordinance
shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session or the successive sessions aforesaid,
both Houses agree in making any modification in the regulation or both
Houses agree that the regulation should not be made, the regulation shall
thereafter have effect only in such modified form or be of no effect, as
the case may be, so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under
that regulation.
27. Power to remove difficulties.—(1) If any difficulty arises in
giving effect to the provisions of this Ordinance, the Central Government
may, by order published in the Official Gazette, make such provisions, not
inconsistent with the provisions of this Ordinance as appear to it to be
necessary or expedient for removing the difficulty.
(2) Every order made under this section shall, as soon as may be
after it is made, be laid before each House of Parliament.
28. Ordinance to have overriding effect.—(1) The provisions
of this Ordinance shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force, any
document, judgement, order, bye-law, rule, regulation, notification having
the force of law in the territory of India.
(2) Notwithstanding anything contained in any other law for the
time being in force or any judgement or any order of any Court and
subject to the provisions of this Ordinance, upon the notification of the
constitution of the Commission under section 3, no other individual or
body or authority constituted either under a law enacted by Parliament,
or by a State, or appointed or nominated in terms of any judicial order, No. 10-3] The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. 27 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
shall act upon or have jurisdiction in relation to the matters covered by
this Ordinance.
29. Repeal and savings of order constituting Environment
Pollution (Prevention and Control) Authority for National Capital
Region.—(1) The Order made under section 3 of the Environment
(Protection) Act, 1986 (29 of 1986) constituting the Environment Pollution
(Prevention and Control) Authority for the National Capital Region vide
Notification Number S. O. 93(E), dated the 29th January, 1998 is hereby
repealed and the Environment Pollution (Prevention and Control) Authority
for the National Capital Region is hereby dissolved.
(2) Notwithstanding such repeal, anything done or any action taken
by the Environment Pollution (Prevention and Control) Authority for the
National Capital Region under the said Order, shall be deemed to have
been done or taken under the corresponding provisions of this Ordinance.
30. Savings.—Notwithstanding the cessation of the Commission
for Air Quality Management in National Capital Region and Adjoining
Areas Ordinance, 2020 (Ord. 13 of 2020), anything done or any action
taken under the Ordinance so ceased, shall be deemed to have been done
or taken under the corresponding provisions of this Ordinance.
RAM NATH KOVIND,
President.
––––––
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
––––––
28 The J&K Official Gazette, 4th June, 2021/14th Jyai., 1943. [No. 10-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
CORRIGENDA
In the Tribunal Reforms (Rationalisation and Conditions of Service)
Ordinance, 2021 (2 of 2021), as published in the Gazette of India,
Extraordinary, Part–II, Section-1, dated the 4th April, 2021, Issue No. 20,—
(i) at page 3, in line 7, for "3.", read "4." ;
(ii) at page 5, in line 22, for "word", read "words" ;
(iii) at page 7, in line 26, for "AIRPORT", read "AIRPORTS" ;
(iv) at page 22, in line 5, for "(Act 55 of 1994)", read
"(55 of 1994)".
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 3rd March, 2021/12th Phal., 1942. [ No. 48-h –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 3rd March, 2021.
SO-72.—Whereas, on 26-04-2020, Pulwama Police received reliable
information that these persons identified as (1) Ayash Aziz Dar S/o
Ab. Aziz, (2) Musadiq Ahmad Lone S/o Ab. Gaffar Lone and (3) Asif Ali
Dar S/o Ali Mohammad Dar R/o Niloora, Pulwama were working for the
terrorists of HM outfit and were allowing the local youth to join the terrorist
ranks in the area ; and
2. Whereas, a Case FIR No. 35/2020 under sections 13, 18, 18-B, 39
Unlawful Activities (Prevention) Act 1967, came to be registered in Police
Station, Litter and investigation of the case was set into motion ; and 2 The J&K Official Gazette, 3rd March, 2021/12th Phal., 1942. [No. 48-h ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 3. Whereas, during the course of investigation, the accused persons
were arrested in connection with the case. The accused disclosed that they
were working as OGWs for the terrorists of HM outfit and were motivating
the local youth of the area to join the said organization ; and
4. Whereas, during further investigation the accused Mudasir Gaffar
Lone disclosed that he received a telephone call from accused Rouf Rashid
Bhat S/o Ab. Rashid Bhat R/o Niloora for arranging a SIM card for use of
accused namely Molvi Mohammad Rafiq Hurrah S/o Gh. Mohammad
Hurrah R/o Laribal, Naidkhai who would help them in joining the terrorist
ranks. Subsequently the accused persons were arrested in the case ; and
5. Whereas, during investigation it was revealed that the accused
persons were working as OGWs for the terrorists of LeT outfit and under
criminal conspiracy were providing logistic support to the terrorists, besides
were motivating the local youth of the area to Join the terrorist ranks of
HM outfit ; and
6. 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 :—
S. No. Name of the Accused Offence
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Ayash Aziz Dar S/o Ab. Aziz Dar 13, 18, 18-B, 39
R/o Niloora, Pulwama ULA (P) Act
2. Musadiq Gaffar Lone S/o Ab. Gaffar Lone
R/o Niloora, Pulwama
3. Asif Ali Dar S/o Ali Mohammad Dar
R/o Niloora, Pulwama
4. Rouf Rashid Bhat S/o Ab. Rashid Bhat
R/o Niloora, Pulwama
5. Molvi Mohammad Rafiq S/o Gh. Mohammad
Hurrah R/o Laribal, Naidkhai, Sumbal No. 48-h] The J&K Official Gazette, 3rd March, 2021/12th Phal., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
7. Whereas, the Authority appointed by the Government under
sub-section (2) of Section 45 of the Unlawful Activities (Prevention) Act,
1967 has independently examined the case diary file and all the other relevant
documents relating to the case and has come to the conclusion that
prima facie case is made out against the above accused ; and
8. Whereas, after perusing the Case Diary File, the relevant
documents and also taking into consideration the views of the Authority
appointed under sub-section (2) of Section 45 of the Unlawful Activities
(Prevention) Act, 1967, the Government is of the view that there is sufficient
material and evidence available 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, 18-B, 39 ULA (P) Act, in the case FIR No. 35/2020 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 AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 4th March, 2021/13th Phal., 1942. [ No. 49-b –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 3rd March, 2021.
SO-75.—Whereas, on 08-09-2020, Kulgam Police received reliable
information about the transportation of illegal arms/ammunition by two
suspects identified as Shahnawaz Ahmad Mir S/o Zahoor Ahmad Mir R/o
Mandujan, Shopian and Bilal Ahmad Kutay S/o Gh. Mohammad Kutay
R/o Chotapora, Shopian in a vehicle (truck) from Samba to Valley ; and
2. Whereas, during naka checking at Jawahar Tunnel, Police arrested
both the accused persons and on the search of vehicle Truck bearing
registration No. JK22-1737, Police recovered 01 M4 US Carbine, 03 M4
Magazines, 90 Rounds, 01 AK Rifle along with 02AK Magazines and 2 The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49-b ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
59 Rounds, 06 Pistols, 12 Pistol Magazine and 84 Rounds from the vehicle
which was driven by accused Shahnawaz Ahmad Mir with Co-driver Bilal
Ahmad Kutay ; and
3. Whereas, a Case FIR No. 255/2020 under sections 13, 18, 20, 23,
39 Unlawful Activities (Prevention) Act, 1967, came to be registered in
Police Station, Qazigund and investigation of the case was set into motion ;
and
4. Whereas, during investigation site plan of place of occurrence and
seizure memo was prepared and statement of witnesses acquainted with
the facts and circumstances were recorded under the relevant provisions
of law ; and
5. Whereas, during the investigation accused Shahnawaz Ahmad
disclosed that he along with his Co-driver were in constant touch with the
terrorist namely Abid Hussain Sheikh S/o Mohammad Ramzan R/o
Chotapora, Shopian and on his directions they had acquired the arms/
ammunition from the Basanter Bridge, Samba which was dropped by drone
in the area ; and
6. Whereas, the accused further disclosed that two other accused
persons namely Mustakeem Yousuf Ganie S/o Mohammad Yousuf R/o
Saimoo, Pulwama and Zeeshan Shafi Sheikh S/o Mohammad Shafi R/o
Bilal Colony, Bijbehara were also working as OGWs for the terrorists who
helped them for procuring the arms/ammunition from the Samba on the
directions of the said terrorist. Subsequently these two accused were
arrested in the case ; and
7. Whereas, during investigation it was revealed that the accused
persons were working as OGWs for the terrorists active in the area and on
the directions to terrorist of LeT outfit namely Abid Ahmad Sheikh, the
accused had acquired the arms/ammunition from the Samba area for further
distribution among the terrorists for carrying out the terror activities in the
Valley ; and No. 49-b] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
8. 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 :—
S. No. Name of the Accused Offence
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Shahnawaz Ahmad Mir S/o Zahoor Ahmad 13, 18, 23, 39
Mir R/o Mandujan, Shopian ULA (P) Act
2. Bilal Ahmad Kutay S/o Gh. Mohammad
Kutay R/o Chotapora, Shopian
3. Mustakeem Yousf Ganie S/o Mohammad 13, 18, 39
Yousf Ganie R/o Saimoo, Pulwama ULA (P) Act
4. Zeeshan Shafi Sheikh S/o Mohammad
Sheikh R/o Bilal Colony, Bijbehara
5. Abid Hussian Sheikh S/o Mohammad 18, 20
Ramzan R/o Chotapora, Shopian ULA (P) Act
9. Whereas, the accused Abid Hussain Sheikh has absconded,
therefore proceedings under section 299 Cr. P. C. have been initiated against
him ; and
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.
4 The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49-b ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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 lunching prosecution against the
above mentioned accused for the comission of offences punishable under
sections 13, 18, 20, 23, 39 ULA (P) Act, in the case FIR No. 255/2020 of
Police Station, Qazigund.
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 4th March, 2021/13th Phal., 1942. [ No. 49-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
Jammu, the 4th March, 2021.
SO-76.—Whereas, on 10-9-2020, Kupwara Police received reliable
information regarding movement of some terrorists in the District.
Subsequently the nakas were intensified for checking of private vehicles in
the district ; and
2. Whereas, during checking at Drugmulla Police intercepted a vehicle
(Eon) for checking. During checking of the vehicle Police recovered
01 AK 47 rifle, 02 AK Magazines, 30 AK rounds, 02 Hand grenades, Indian 2 The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. [No. 49-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
currency of Rs. 7,00,000/- from the vehicle. Subsequently, Police arrested
two terrorists of JeM outfit travelling in the said vehicle identified as
Waseem Irshad Gabroo S/o Irshad Ahmad R/o Takyabal and Mehraj-ud-
Din Wani S/o Ghulam Din R/o Badshah Masjid, Sopore ; and
3. Whereas, a Case FIR No. 233/2020 under sections 13, 20, 21, 23,
38, 39 Unlawful Activities (Prevention) Act, 1967, came to be registered in
Police Station, Kupwara and investigation was set into motion ; and
4. 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 were recorded under the
relevant provisions of law ; and
5. Whereas, during further investigation it was revealed that the
accused terrorists along with their associate (OGW) namely Mehraj-ud-
Din Gojri S/o Sonaullah Gojri R/o Batpora, Budshah Masjid, Sopore had
received terror funding of an amount of Rs. 10,02,000/- from an unknown
person at HMT, Srinagar for procurement of arms/ammunition for carrying
out the terrorist activities in the District Kupwara ; and
6. Whereas, during investigation accused namely Mehraj-ud-Din Gojri
was arrested in connection with the case and during investigation Police
recovered funds meant for terror activities viz. an amount of Rs. 3,02,000/-
from his possession ; and
7. Whereas, during investigation it was revealed that accused Waseem
Irshad Gabroo and Mehraj-ud-Din Wani were terrorists of JeM outfit and
accused Mehraj-ud-Din Gojri was working as OGW for the terrorists of
JeM outfit and was providing logistic support, transportation facilities to the
terrorists for carrying out the terrorist activities in the district ; and
8. Whereas, on the basis of investigation, statement of witnesses
recorded and other evidence collected, the Investigating Officer has
prima facie established involvement of mentioned accused persons for No. 49-c] The J&K Official Gazette, 4th March, 2021/13th Phal., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
commission of offences punishable under section(s) as shown against each
of Unlawful Activities (Prevention) Act, 1967 :—
S. No. Name of the Accused Offence
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Waseem Irshad Gabroo S/o Irshad Ahmad 13, 20, 21, 23, 38
Gabroo R/o Takiyabal, Sopore ULA (P) Act
2. Mehraj-ud-Din Wani S/o Gh. Din Wani
R/o Badshah Masjid, Sopore
3. Mehraj-ud-Din Gojri S/o Sonaullah Gojri 21, 39
R/o Batpora, Budshah Masjid Sopore ULA (P) Act
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 lunching prosecution against the
above mentioned accused for the commission of offences punishable under
sections 13, 20, 21, 23, 38, 39 ULA (P) Act, in the case FIR No. 233/2020
of Police Station, Kupwara.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 5th March, 2021/14th Phal., 1942. [ No. 49-f –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 5th March, 2021.
SO-79.—Whereas, on 15-9-2020, Srinagar Police received reliable
information about the hideout of terrorists at Bismallah Colony, Natipora,
Srinagar possessing illegal arms/ammunition to carry out terrorist strike in
the area. Subsequently joint cordon and search operation was launched in
the area ; and
2. Whereas, during search Police/Security Forces arrested two
terrorists of JeM outfit identified as Manzoor Ahmad Sofi @ Raju S/o Nazir
Ahmad Sofi R/o Natipora and Hilal Ahmad Parray S/o Mohammad Ismail 2 The J&K Official Gazette, 5th March, 2021/14th Phal., 1942. [No. 49-f ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Parray R/o Bismallah Colony, Natipora and recovered one pistol, 02 Pistol
Magazine, 35 rounds and one hand grenade from their possession ; and
3. Whereas, a case FIR No. 231/2020 under sections 18, 20, 23 ULA
(P) Act, 1967 was registered in Police Station, Sadder, Srinagar and
investigation of the case was taken up ; and
4. 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
5. Whereas, during further investigation, the accused disclosed that
they were initially working as OGWs for the terrorists of JeM outfit active
in the area and had joined the terrorist ranks of JeM outfit in the month of
August, 2020. The accused further disclosed that they were planning to
carry out terrorist strike in the Srinagar City ; and
6. 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 relevant sections of
the law as shown against each of Unlawful Activities (Prevention) Act,
1967 :—
S. No. Name of the Accused Offence
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Manzoor Ahmad Sofi S/o Nazir Ahmad 18, 20, 23
Sofi R/o Natipora ULA (P) Act
2. Hilal Ahmad Parray S/o Mohammad Ismail
Parray R/o Bismillah Colony, Natipora
7. 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 No. 49-f] The J&K Official Gazette, 5th March, 2021/14th Phal., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
8. 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 accused for their prosecution under the aforesaid 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, 23 ULA (P) Act, in the case FIR No. 231/2020 of Police
Station, Sadder.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 16th March, 2021/25th Phal., 1942. [ No. 50-b –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I–B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 16th March, 2021.
SO-92.—Whereas, on 21-09-2020, Kishtwar Police received reliable
information that the persons namely (1) Mohd Hanief S/o Ghulam Hassan
Butt R/o Nai Basti, Char Pather, Bugrana, (2) Gulzar Ahmad S/o Ghulam
Hassan Butt R/o Nai Basti, Char Pather, Bugrana Saroor and (3) Zahir
Abas S/o Irshad Ahmad Naik R/o Badhat, Saroor were affiliated/working
with the banned organization of HM outfit ; and
2. Whereas, it was also learnt that the accused persons were providing
shelter and other logistic support to the terrorists namely (1) Mohd Amin @ 2 The J&K Official Gazette, 16th March, 2021/25th Phal.,1942. [No. 50-b ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Jahangir S/o Mohd Anwar Butt R/o Bahadat, Saroor, (2) Reyaz Ahmad
S/o Mohd Ramzan R/o Anjer Rene, Marwah and (3) Muddasir Ahmad
Ginoo S/o Tariq Ahmad Ginoo R/o Tander, Dachhan active in the area and
were harbouring them, besides providing information to the above terrorists
about the movement of security forces for carrying out the attacks on security
forces ; and
3. Whereas, a Case FIR No. 178/2020 under sections 13, 18, 19, 20,
23, 39 of Unlawful Activities (Prevention) Act, 1967, came to be registered
in Police Station, Kishtwar and investigation of the case 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 ; and
5. Whereas, during further investigation two accused persons namely
Mohd Hanief and Gulzar Ahmad were arrested in connection with the case
on 21-09-2020 and during search, Police recovered 01 SLR Magazine,
31 SLR Rounds, 02 Chinese Hand grenades from their residential houses.
Another accused namely Zahir Abas was arrested in the case on
22-09-2020 and during search, Police recovered 01 Pistol, 02 Pistol
Magazines, 18 Pistol Rounds from his residential house and necessary memos
to this effect have been prepared ; and
6. Whereas, during investigation it was revealed that the accused
persons Mohd Hanief, Gulzar Ahmad and Zahir Abas were working as
OGWs for the terrorists of HM outfit namely Mohd Amin @ Jahangir,
Reyaz Ahmad and Muddasir Ahmad Ginoo and were providing logistic
support to the above terrorists, besides voluntarily harbouring and providing
information to the terrorists with regard to movement of security forces for
carrying out attacks on the security forces in the area ; 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 No. 50-b] The J&K Official Gazette, 16th March, 2021/25th Phal., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
persons for commission of offences punishable under section(s) as shown
against each of Unlawful Activities (Prevention) Act, 1967 :—
S. No. Name of the Accused Offence
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Gulzar Ahmad S/o Gh. Hassan Butt R/o 13, 18, 19, 23, 39
Nai Basti, Char Pather, Bugrana, Saroor ULA (P) Act
2. Mohd Hanief S/o Gh. Hassan Butt R/o
Nai Basti, Char Pather, Bugrana, Saroor
3. Zahir Abass S/o Irshad Ahmad
R/o Badhat, Saroor
4. Mohd Amin @ Jahangir S/o Mohd Anwar 18, 20
Butt R/o Badhat, Saroor ULA (P) Act
5. Reyaz Ahmad S/o Mohd Ramzan
R/o Anyer Renie, Marwah
6. Mudassir Hussain S/o Tariq Hussain Ginoo
R/o Tander, Dachhan
8. Whereas, the accused persons figuring from S. Nos. 04 to 06 above
are active terrorists and are absconding against whom proceedings under
section 299 Cr. P. C. have been proposed to be initiated against them, whileas
other accused persons are under judicial custody from the date of their
arrests ; 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.
4 The J&K Official Gazette, 16th March, 2021/25th Phal.,1942. [No. 50-b ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 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, 19, 20, 23, 39 ULA (P) Act, in the case FIR No. 178/2020 of
Police Station, Kishtwar.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 16th March, 2021/25th Phal., 1942. [ No. 50-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
Jammu, the 16th March, 2021.
SO-93.—Whereas, on 06-6-2020, Sopore Police received reliable
information that some unknown terrorists fired upon one Danish Ahmad
Najar @ Ishfaq S/o Manzoor Ahmad Najar R/o Eidipora, Bomai near his
residence due to which he got critically injured and was shifted to hospital
for treatment where he succumbed to his injuries ; and 2 The J&K Official Gazette, 16th March, 2021/25th Phal., 1942. [No. 50-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 2. Whereas, a Case FIR No. 38/2020 under sections 16, 18, 18-B, 20,
23, Unlawful Activities (Prevention) Act, 1967, came to be registered in
Police Station, Bomai and investigation of the case was set into motion ; and
3. Whereas, during investigation, site plan of the 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 course of investigation two terrorists of
Al Bader outfit namely Zahid Farooq Sheikh S/o Farooq Ahmad Sheikh
R/o Eidipora and Shareef Din Ahanger S/o Ghulam Mohd R/o Eidipora
were arrested on 20-09-2020 in connection with the case and during
investigation some arms/ammunition were recovered from their possession
and necessary memos to this effect have been prepared ; and
5. Whereas, during further investigation the accused persons disclosed
that they were active members of Al Bader outfit after being motivated by
the terrorist Commander namely Abdul Gani Khawaja and disclosed that
the said terrorist trained them for handling of weapon in the Forest of Bomai
area for carrying out the terrorist activities ; and
6. Whereas, the accused persons, further disclosed that on
06-06-2020 they along with the above terrorist namely Ab. Gani Khawaja
proceeded towards the residence of deceased Danish Ahmad Najar where
the Commander terrorist Abdul Gani Khawaja handed over his weapon to
them and they fired upon the deceased. After committing the crime they
fled away from the spot and returned the weapon to the said terrorist ; and
7. Whereas, during further investigation it was revealed that both the
accused persons were motivated by the above terrorist Commander Abdul
Gani Khawaja to be associated with the said banned outfit and after their
joining in the outfit trained them in the forest area of Bomai for handling of
weapons for carrying out the terrorist activities in the area and on
06-06-2020 they fired upon the deceased under the directions of the said
terrorist ; and No. 50-c] The J&K Official Gazette, 16th March, 2021/25th Phal., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
8. 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 :—
S. No. Name of the Accused Offence
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Zahid Farooq Sheikh S/o Farooq Ahmad 16,18, 20, 23
Sheikh R/o Eidipora, Bomai ULA (P) Act
2. Sharif-ud-Din Ahanger S/o Gh. Mohd
Ahanger R/o Eidipora, Bomai
3. Abdul Gani Khawaja S/o Mukhtar Ahmad 16,18,18-B, 20, 23
Khawaja R/o Kralgund, Handwara ULA (P) Act
9. Whereas, the accused Abdul Gani Khawaja is an active terrorist
and is absconding against whom proceedings under section 299 Cr. P. C.
have been proposed to be initiated against him.
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 gathered during the course of investigation
and has come to the conclusion that prima facie case is made out against
the above accused persons.
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 persons
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 4 The J&K Official Gazette, 16th March, 2021/25th Phal., 1942. [No. 50-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— above-mentioned accused persons for the commission of offences
punishable under sections 16,18,18-B, 20, 23 ULA (P) Act, in the case FIR
No. 38/2020 of Police Station, Bomai.
By order of the Government of Jammu and Kashmir.
(Sd.) .................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 25th August, 2020/3rd Bhad., 1942. [No. 21-f –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 25th August, 2020.
SO-265.––In exercise of the powers conferred by section 128
of the Jammu and Kashmir Goods and Services Tax Act, 2017
(Act No.V of 2017) (hereafter in this notification referred to as the said
Act), read with section 148 of the said Act, the Government, on the 2 The J&K Official Gazette, 25th August, 2020/3rd Bhad., 1942. [No. 21-f –––––––––––––––––––––––––––––––––––––––––—–––—————––– recommendations of the Council hereby makes the following further amendments in the Notification SRO No. 478 dated 24th Novemeber, 2017, namely :—
(i) In the second proviso, for the Table, the following Table shall
be substituted, namely :—
"Table
S. Class of registered Tax period Condition
No. persons
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(1) (2)
(3)
(4)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Taxpayers having an February, 2020, If return in FORM
aggregate turnover March, 2020 and GSTR-3B is furnished
of more than rupees April, 2020 on or before the 24th
5 crores in the
day of June, 2020.
preceding financial
year
2. Taxpayers having February, 2020 If return in FORM
an aggregate turnover GSTR-3B is furnished
of up to rupees
on or before the 30th
5 crores in the
day of June, 2020.
proceding financial
year, whose principal
place of business is
in the Union Territory
of Jammu and Kashmir
March, 2020 If return in FORM
GSTR-3B is furnished
on or before the 5th
day of July, 2020.
April, 2020 If return in FORM
GSTR-3B is furnished
on or before the 9th
day of July, 2020.
May, 2020 If return in FORM
GSTR-3B is furnished
on or before the 15th No. 21-f] The J&K Official Gazette, 25th August, 2020/3rd Bhad., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— (1) (2) (3)
(4)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
day of September,
2020.
June, 2020 If return in FORM
GSTR-3B is
furnished on or
before the 25th day
of September, 2020.
July, 2020 If return in FORM
GSTR-3B is furnished
on or before the 29th
day of September,
2020."
(ii) after the 2nd proviso, the following provisos shall be inserted,
namely :—
"Provided also that the total amount of late fee payable for a tax period, under section 47 of the said Act shall stand waived which is in excess of an amount of two hundred and fifty rupees for the registered person who failed to furnish the return in FORM GSTR-3B for the months of July, 2017 to January, 2020, by the due date but furnishes the said return between the period from 1st day of July, 2020 to 30th day of September, 2020 :
Provided also that where the total amount of state tax payable in the said return is nil, the total amount of late fee payable for a tax period, under section 47 of the said Act shall stand waived for the registered person who failed to furnish the return in FORM GSTR-3B for the months of July, 2017 to January, 2020, by the due date but furnishes the said return between the period from 1st day of July, 2020 to 30th day of September; 2020.".
This notification shall be deemed to have come into force
w. e. f. 24-06-2020.
(Sd.) DR. ARUN KUMAR MEHTA, IAS,
Financial Commissioner to the Government, Finance Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 25th August, 2020/3rd Bhad., 1942. [No. 21-h –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 25th August, 2020.
SO-267.––ln exercise of the powers conferred by section 128
of the Jammu and Kashmir Goods and Services Tax Act, 2017
(Act No.V of 2017), the Government, on the recommendations of the 2 The J&K Official Gazette, 25th August, 2020/3rd Bhad., 1942. [No. 21-h –––––––––––––––––––––––––––––––––––––––––––––—–––————— Council, hereby makes the following further amendment in the Notification
SRO No. 33 dated 23rd January, 2018, namely :—
In the said notification, for the fourth proviso, the following proviso
shall be substituted, namely :—
"Provided also that the amount of late fee payable under
section 47 of the said Act shall stand waived for the registered
persons who fail to furnish the details of outward supplies
for the months or quarter mentioned in column (2) of the
Table below in FORM GSTR-1 by the due date, but furnishes
the said details on or before the dates mentioned in column
(3) of the said Table :—
Table
Sl. Month/Quarter Dates
No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(1) (2)
(3)
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. March, 2020 l0th day of July, 2020.
2. April, 2020 24th day of July, 2020.
3. May, 2020 28th day of July, 2020.
4. June, 2020 05th day of August, 2020.
5. January to March, 2020 17th day of July, 2020.
6. April to June, 2020 03rd day of August, 2020.".
This notification shall deemed to have come into force
w. e. f. 24-06.2020.
(Sd.) DR. ARUN KUMAR MEHTA, IAS,
Financial Commissioner to the Government, Finance Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 25th August, 2020/3rd Bhad., 1942. [No. 21-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 25th August, 2020.
SO-268.––ln exercise of the powers conferred by sub-section (1) of section 50 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of 2017) read with section 148 of the said Act, 2 The J&K Official Gazette, 25th August, 2020/3rd Bhad., 1942. [No. 21-i –––––––––––––––––––––––––––––––––––––––––—–––—————––– the Government, on the recommendations of the Council, hereby makes
the following further amendment in Notification SRO No. 300 dated 18-07-2017, namely :—
In the said notification, in the first paragraph, for the first proviso,
the following proviso shall be substituted, namely :—
"Provided that the rate of interest per annum shall be as
specified in column (3) of the Table given below for the period
mentioned therein, for the class of registered persons mentioned in the corresponding entry in column (2) of the said Table,
who are required to furnish the returns in FORM GSTR-3B, but fail to furnish the said return along with payment of tax
for the months mentioned in the corresponding entry in column
(4) of the said Table by the due date, namely :—
Table
S. Class of registered Rate of interest Tax period
No. persons
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(1) (2)
(3)
(4)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Taxpayers having an Nil for first 15 days February, 2020,
aggregate turnover of from the due date March 2020,
more than rupees and 9 per cent April, 2020.
5 crores in the thereafter till 24th
preceding financial day of June, 2020
year
2. Taxpayers having an Nil till the 30th day February, 2020.
aggregate turnover of June, 2020 and
of up to rupees 9 per cent thereafter
5 crores in the till the 30th day of
preceding financial September, 2020
year, whose principal
place of business is
in the Union
Territory of Jammu
and Kashmir No. 21-i] The J&K Official Gazette, 25th August, 2020/3rd Bhad., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
(1) (2)
(3)
(4)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Nil till the 5th day March, 2020.
of July, 2020 and
9 per cent thereafter
till the 30th day of
September, 2020
Nil till the 9th day April, 2020.
of July, 2020 and
9 per cent thereafter
till the 30th day of
September, 2020
Nil till the 15th day May, 2020.
of September, 2020
and 9 per cent
thereafter till the
30th day of
September, 2020
Nil till the 25th day June, 2020.
of September, 2020
and 9 per cent
thereafter till the
30th day of
September, 2020
Nil till the 29th day July, 2020.".
of September, 2020
and 9 per cent
thereafter till the
30th day of
September, 2020
This notification shall be deemed to have come into force
w. e. f. 24th June, 2020.
(Sd.) DR. ARUN KUMAR MEHTA, IAS,
Financial Commissioner to the Government, Finance 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-b –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government—Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Srinagar, the 10th September, 2020.
SO-289.––Whereas, on 14-03-2020, Police Station, Tarzoo, Sopore, received a reliable information about the hiding of terrorists hiding in Village Bulgam with the intension to commit terrorist activities in the area ; and 2 The J&K Official Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24-b –––––––––––––––––––––––––––––––––––––––––—–––—————––– 2. Whereas, joint cordon and search operation was launched and durin search one terrorist identified as Danish Hussain Kakroo S/o Mohammad Hussain Kakroo R/o Chasti Colony, Old Town, Baramulla was arrested and during his personal search one Pistol along with Magazine and six Pistol rounds were recovered from his possession ; and
3. Whereas, Case FIR No. 18/2020 under sections 20, 23 ULA (P) Act, came to be registered in Police Station, Tarzoo and investigation was set into motion ; and
4. Whereas, during the investigation site plan of occurrence was prepared, statement of witnesses acquainted with the facts and circumstances of the case were recorded under the relevant provisions of law ; and
5. Whereas, during further course of investigation it was revealed that the accused Danish Hussain Kakroo was active terrorist of JeM out fit who had recently joined the terrorist outfit ; and
6. Whereas, on the basis of investigation, statement of witnesses recorded and other evidence collected, the Investigating Officer has established prima facie involvement of accused Danish Hussain Kakroo S/o Mohammad Hussain Kakroo R/o Chasti Colony, Old Town, Baramulla in the commission of offences punishable under sections 20, 23 Unlawful Activities (Prevention) Act, 1967 :—
7. Whereas, the Authority appointed by the Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the case diary file and all the other relevant documents relating to the case and has come to the conclusion that prima facie case is made out against the above accused ; and
8. Whereas, after perusing the Case Diary File, the relevant documents and also taking into consideration the views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above-mentioned accused for 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. 24-b] The J&K Official Gazette, 10th Sept., 2020/19th Bhad., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— Government hereby accords sanction for launching prosecution against the above-mentioned accused for the commission of offences punishable under sections 20, 23, of ULA (P) Act, in the case FIR No. 18/2020 of Police Station, Tarzoo.
By order of the Government of Jammu and Kashmir.
(Sd.) ...................................
Principal Secretary to the Government, Home Department.