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Jammu and Kashmir Gazette · Government of Jammu and Kashmir

Jammu and Kashmir Gazette, No. 14, 01 July 2021

Published 01 July 2021

Gazette no.
14
Identifier
in.gazette.jammuandkashmir.2021-07-01.14
Languages
English, Urdu
Published at
Original source ↗

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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.

Cite this issue. Jammu and Kashmir Gazette, Government of Jammu and Kashmir, 01 July 2021. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jammuandkashmir.2021-07-01.14/. Archive identifier in.gazette.jammuandkashmir.2021-07-01.14.