THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
Vol. 134] Jammu, Thu., the 5th August, 2021/14th Srav., 1943. [ No. 19
––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART
I-A— Appointments, promotions, transfers and leave
of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART
II-A– Appointments, promotions, transfers and leave
of
absence
sanctioned
by
Heads
of
Departments ....
PART
II- B– Notifications, Notices and Orders by Heads of
Departments, Provincial Heads, Magistrates and
other officers competent to issue public notices
under any law or rule ....
PART
II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department, Election Petitions and Judgements
of Election Tribunal
....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette or
Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts
....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
282-296
313-326
37-38
219-222
79-80
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[ No. 19
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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. 481 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Ms. Aayushi Raina D/o Romesh Raina R/o H. No. 234, Sector-4, Upper
Roop Nagar, Jammu has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a
period of one year from the date of issuance of this notification, subject
to the verification of her Provisional/LL.B Degree Certificate from the
concerned University and verification of her character and antecedents
from CID. Her name has been entered under Serial No. JK-13/2021
in the Roll of Advocates maintained by this Registry.
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. 482 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Aabid Hussain Bhat S/o Abdul Jabbar Bhat R/o Shahngari Mawar,
Tehsil Qalamabad, District Kupwara has been admitted and enrolled
as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
No. 19]
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notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-12/2021 in the Roll of Advocates maintained by this
Registry.
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. 483 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Amman Shafqat Mir S/o Shafqat Hussain Mir R/o House No. 54,
Budhli, Tehsil Chilly Pingal, District Doda A/P Opposite Link Road
Masjid Kishtwar has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of
one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-11/2021 in
the Roll of Advocates maintained by this Registry.
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. 484 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Akshay Deep Parihar S/o Anil Kumar Kotwal R/o Gatha, P/O
Udrana, Tehsil Bhaderwah, District Doda A/P 22/C, Upper Shiv Nagar,
L. No. 3, Jammu has been admitted and enrolled as an Advocate on
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the Rolls of Jammu and Kashmir Bar Council provisionally for a period
of one year from the date of issuance of this notification, subject to
the verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-10/2021 in
the Roll of Advocates maintained by this Registry.
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. 485 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Aavin Kumar Chadgal S/o Madan Lal Chadgal R/o Village Gurha
Salathian, Tehsil Vijaypur, District Samba A/P Sector-2, Lane No. 4,
Gura Brahmana, Bantalab, Jammu has been admitted and enrolled as
an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-03/2021 in the Roll of Advocates maintained by this
Registry.
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. 486 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Ashish Bhasin S/o Arun Kumar Bhasin R/o Gohlad, Tehsil Mendhar,
No. 19]
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District Poonch A/P Qtr. No. 198, Rehari Colony, Jammu has been
admitted and enrolled as an Advocate on the Rolls of Jammu and
Kashmir Bar Council provisionally for a period of one year from the
date of issuance of this notification, subject to the verification of his
Provisional/LL.B Degree Certificate from the concerned University and
verification of his character and antecedents from CID. His name has
been entered under Serial No. JK-09/2021 in the Roll of Advocates
maintained by this Registry.
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. 487 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Ms. Anjum Abdullah D/o Mohd Abdullah Itoo R/o Kaskoot, Banihal,
District Ramban A/P Bathindi, Vidhata Nagar, Jammu has been admitted
and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar
Council provisionally for a period of one year from the date of issuance
of this notification, subject to the verification of her Provisional/LL.B
Degree Certificate from the concerned University and verification of her
character and antecedents from CID. Her name has been entered under
Serial No. JK-08/2021 in the Roll of Advocates maintained by this
Registry.
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. 488 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Ms. Arvee Hamid Malik D/o Ab. Hamid Malik R/o Tawheed Bagh,
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Tehsil Sopore, District Baramulla A/P Al-Noor Colony, Amargarh, Tehsil
Sopore, District Baramulla has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of her Provisional/LL.B Degree Certificate
from the concerned University and verification of her character and
antecedents from CID. Her name has been entered under Serial
No. JK-07/2021 in the Roll of Advocates maintained by this Registry.
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. 489 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Arjun Dev Mohan S/o Narinder Mohan R/o House No. 15,
Sector-1, Trikuta Nagar, Jammu has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of his Provisional/LL.B Degree Certificate
from the concerned University and verification of his character and
antecedents from CID. His name has been entered under Serial
No. JK-06/2021 in the Roll of Advocates maintained by this Registry.
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. 490 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Ms. Arti Devi D/o Bushan Kumar R/o W. No. 17, H. No. 206, Near
No. 19]
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Forest Office Link Road, District Udhampur has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of her Provisional/LL.B Degree
Certificate from the concerned University and verification of her
character and antecedents from CID. Her name has been entered under
Serial No. JK-05/2021 in the Roll of Advocates maintained by this
Registry.
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. 491 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Abrar Yousuf Dar S/o Mohd Yousuf Dar R/o Ashmuji Kakpora,
Tehsil Kulgam, District Kulgam has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of his Provisional/LL.B Degree Certificate
from the concerned University and verification of his character
and antecedents from CID. His name has been entered under Serial
No. JK-04/2021 in the Roll of Advocates maintained by this Registry.
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. 492 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Adil Latief S/o Latief Ahmad Dar R/o Syed Mehmoodabad Wuyan,
288
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Tehsil Pampore, District Pulwama has been admitted and enrolled as
an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-02/2021 in the Roll of Advocates maintained by this
Registry.
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. 493 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Akash Jalotra S/o Harbans Lal Sharma R/o Village Bakore, P/O
Jourian, Tehsil Khour, District Jammu A/P Shanti Colony Near
Prashuram Mandir, Akhnoor, Jammu has been admitted and enrolled as
an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-01/2021 in the Roll of Advocates maintained by this
Registry.
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. 494 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Manik Bhardwaj S/o M. K. Bhardwaj R/o 41 B/B IInd, Extension
No. 19]
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Gandhi Nagar, Jammu has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a
period of one year from the date of issuance of this notification, subject
to the verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-43/2021 in
the Roll of Advocates maintained by this Registry.
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. 495 of 2021/RG Dated 29-03-2021.
Provisional admission as an Advocate, granted under the
Advocates Act, 1961 in favour of Mr. Suhail Shafi Wani S/o Mohd Shafi
Wani R/o Sempora, Panthachowk, Wani Mohalla, Srinagar vide
Notification No. 873 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. 496 of 2021/RG Dated 29-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Mohammad Shafi Bhat S/o Ghulam Mohammad Bhat R/o
Gowharpora, Chadoora, District Budgam has been admitted and enrolled
as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
290
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notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-48/2021 in the Roll of Advocates maintained by this
Registry.
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. 497 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Sachin Raina S/o Rajesh Kumar Raina R/o Village Bhatta Palmar
Kishtwar A/P Qtr. No. 16, Block-1, Govt. Housing Colony, Sarwal
Opposite Family Market Sarwal, Jammu has been admitted and enrolled
as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-93/2021 in the Roll of Advocates maintained by this
Registry.
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. 498 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Sajjad Hussain S/o Mohd Hussain R/o Goond Minjee, Tehsil Kargil
A/p H. No. 150, Bhatindi Kargil Colony, Jammu has been admitted and
No. 19]
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enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-85/2021 in the Roll of Advocates maintained by this
Registry.
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. 499 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Zahid Ahmad Wani S/o Manzoor Ahmad Wani R/o Wani Mohalla,
Shangus, Anantnag has been admitted and enrolled as an Advocate on
the Rolls of Jammu and Kashmir Bar Council provisionally for a period
of one year from the date of issuance of this notification, subject to
the verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-113/2021
in the Roll of Advocates maintained by this Registry.
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. 498 A of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Ms. Mehnaz Parveez D/o Parveez Ahmad R/o Charar-e-Sharief, Shah
Mohalla, District Budgam has been admitted and enrolled as an Advocate
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on the Rolls of Jammu and Kashmir Bar Council provisionally for a
period of one year from the date of issuance of this notification, subject
to the verification of her Provisional/LL.B Degree Certificate from the
concerned University and verification of her character and antecedents
from CID. Her name has been entered under Serial No. JK-42/2021 in
the Roll of Advocates maintained by this Registry.
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. 462 of 2021/RG Dated 26-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Mustafa Kamal S/o Nasib Ullah Khan R/o Chandi Marh, Tehsil
Surankote, District Poonch A/P Ward No. 1, Kheora, Danishabad
Colony, Rajouri has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of
one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-55/2021 in
the Roll of Advocates maintained by this Registry.
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. 500 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Ms. Pooja Shan D/o Balwan Singh Shan R/o Village Tagood, Tehsil
Mughal Maidan, District Kishtwar has been admitted and enrolled as an
No. 19]
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Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of her Provisional/LL.B Degree Certificate
from the concerned University and verification of her character
and antecedents from CID. Her name has been entered under Serial
No. JK-64/2021 in the Roll of Advocates maintained by this Registry.
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. 501 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Neeraj Kumar S/o Romesh Kumar R/o Jagir Ghordi, Tehsil
Ramnagar, District Udhampur has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of his Provisional/LL.B Degree Certificate
from the concerned University and verification of his character
and antecedents from CID. His name has been entered under Serial
No. JK-61/2021 in the Roll of Advocates maintained by this Registry.
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. 502 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Ms. Priyanka D/o Nand Kishore R/o VPO, Kishanpur, Kharta, Tehsil
Dansal, District Jammu has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a
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period of one year from the date of issuance of this notification, subject
to the verification of her Provisional/LL.B Degree Certificate from the
concerned University and verification of her character and antecedents
from CID. Her name has been entered under Serial No. JK-63/2021 in
the Roll of Advocates maintained by this Registry.
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. 503 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Pankaj Jasathia S/o Vijay Kumar R/o Jasath, Ghagwal, District
Samba has been admitted and enrolled as an Advocate on the Rolls of
Jammu and Kashmir Bar Council provisionally for a period of one year
from the date of issuance of this notification, subject to the verification
of his Provisional/LL.B Degree Certificate from the concerned
University and verification of his character and antecedents from CID.
His name has been entered under Serial No. JK-65/2021 in the Roll of
Advocates maintained by this Registry.
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. 504 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Ms. Pakeeza Basheer D/o Basheer Ahmad Dar R/o Faizabad Colony,
Naik Bagh Nowgam, Tehsil Chanapora, Srinagar has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
No. 19]
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notification, subject to the verification of her Provisional/LL.B Degree
Certificate from the concerned University and verification of her
character and antecedents from CID. Her name has been entered under
Serial No. JK-66/2021 in the Roll of Advocates maintained by this
Registry.
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. 505 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Mr. Rouf Ahmad Bhat S/o Gh. Mohammad Bhat R/o Sugoo Handhama,
Tehsil Imam Sahib, District Shopian has been admitted and enrolled as
an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-68/2021 in the Roll of Advocates maintained by this
Registry.
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. 506 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021
Ms. Rishma Sambyal D/o Dinesh Singh R/o VPO Tikri, Near J&K Bank,
Udhampur has been admitted and enrolled as an Advocate on the Rolls
of Jammu and Kashmir Bar Council provisionally for a period of one
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year from the date of issuance of this notification, subject to the
verification of her Provisional/LL.B Degree Certificate from the
concerned University and verification of her character and antecedents
from CID. Her name has been entered under Serial No. JK-70/2021 in
the Roll of Advocates maintained by this Registry.
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. 134] Jammu, Thu., the 5th Aug., 2021/14th Srav., 1943. [ No. 19
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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—REVENUE DEPARTMENT.
Subject :—Acquisition of land measuring 94 Kanals 06 Marlas situated at
Village Jajiyal, Tehsil Akhnoor, District Jammu for establishment
of Border Fencing (135 Feet wide strip) alnog with Indo-Pak
Border by BSF.
––––––
Notification No. 20-Rev (LAJ) of 2021
Dated 10-03-2021.
Whereas, the land measuring 94 Kanals 06 Marlas the specification
whereof is given at Annexure-A to this notification situated at Village
Jajiyal, Tehsil Akhnoor, District Jammu is required for public purposes i. e.
for establishment of Border Fencing (135 Feet wide strip) alnog with
Indo-Pak Border Security Force (BSF) ; and
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Whereas, on the basis of an indent placed by the Border Security
Force (BSF), vide No./Engg/BF/135 Feet/FTR(J)/2013/307-09
dated 19-01-2013, Revenue field staff prepared revenue papers and
Divisional Commissioner, Jammu vide No. 502/2254/Bdr-Fencing/135ft/Jajial/
J/14/340-43 dated 22-05-2014 submitted the case to the Home Department
for issuance of No Objection which was conveyed vide No. Home/Land-
Acq/72, 74, 75, 76 & 78/2014/907 dated 23-2-2015 ; and
Whereas, a notification under section 4 (1) was issued by Collector,
Land Acquisition (SDM), Akhnoor vide No. SDM/Akh/LAC/14-15/96-104
dated 06-02-2015 for land measuring 94 Kanals 06 Marlas at Village Jajiyal,
Tehsil Akhnoor, District Jammu, calling upon objections from the land
owners/interested persons ; and
Whereas, the District Collector (DC), Jammu vide No. DCJ/LA/BF-
135ft/Jajial/2016-17/162 dated 19-05-2016 has reported that pursuant to the
above referred notification, no objection was received from anyone ; and
Whereas, the District Collector, (DC), Jammu vide above referred
letter has recommended the case to Divisional Commissioner, Jammu who
further endorsed to this department vide No. 502/2254/Acq/135ft/Bdr.Fen/
Jajial/J/16/658-60 dated 30-05-2016 read with letter dated 09-07-2018 &
02-03-2021 for issuance of notiflcation/declaration under sections 6 & 7 of
the Land Acquisition Act ; and
Whereas, the case has been examined in light of the above reports, it
is found that No Objection was received from anyone ; and
Whereas, the Government is satisfied that the aforernentioned land
is required for public purpose viz. for establishment of Border Fencing
(135 Feet wide strip) alnog with Indo-Pak Border by BSF.
Now, therefore, in pursuance of section 6 of the J&K Land Acquisition
Act, Samvat 1990, it is declared that the land measuring 94 Kanals 06 Marlas
specifications whereof is given at Annexure-A to this notification situated at
Village Jajial, Tehsil Akhnoor, District Jammu for establishment of Border
Fencing (135 Feet wide strip) alnog with Indo-Pak Border by BSF.
No. 19] The J&K Official Gazette, 5th Aug., 2021/14th Srav., 1943.
315
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Further, the Collector, Land Acquisition (S.D.M., Akhnoor) is directed
under section 7 of the said Act to take orders for acquisition of the said land
after giving prescribed notice to the interested person (s) as required under
section 9 of the Land Acquisition Act/Rules.
However, the Collector concerned shall be specifically held responsible
for identification and proper title verification of all types of lands involved in
the case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in
force, while making the award.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary to the Government.
––––––
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Jammu
Akhnoor
Jajial
211 min
00-18
212 min
01-17
213 min
07-08
214 min
00-04
217 min
00-12
218 min
01-01
219 min
05-01
220 min
07-09
221 min
01-04
316
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223 min
07-14
224 min
03-12
355 min
11-06
–––––
Total
94-06
–––––
––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Subject :—Acquisition of land measuring 52 Kanals 19 Marlas situated in
Village "Surankote-II", Tehsil Surankote, District Poonch
acquired for widening of Bye-Pass road Surankote-Bufliaz by
GREF-Disposal of objections under section 5 of J&K Land
Acquisition Act.
––––––
Notification No. 22-Rev (LAJ) of 2021
Dated 10-03-2021.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for the public purpose viz. widening of
By-pass Road Surankote-Bufliaz situated at Village Surankote-II, Tehsll
Surankote, District Poonch by GREF ; and
Whereas, on the basis of an indent placed by the Officer Commanding,
79 Road Const. Coy (GREF) C/o 56, APO vide No. RTS/115/E2LA dated
22-10-2019, a notification under section 4 (1) of the Land Acquisition Act,
Svt., 1990 was issued by the Collector, Land Acquisition (Defence), Rajouri-
Poonch, Hq. Rajouri vide No. Coll/Def/2019-20/740-44 dated 28-09-2019
calling upon objections from the land owners/interested persons as required
under sections 5 & 5-A of the Land Acquisition Act within the prescribed
period ; and
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 19] The J&K Official Gazette, 5th Aug., 2021/14th Srav., 1943.
317
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, in pursuance of the above referred notification, some
objections were received from the land owners/interested persons within
the stipulated time as required under sections 5 & 5-A of the Land Acquisition
Act as reported by District Collector (DC), Poonch vide No. 962/Coll/def/
2019-20 dated 21-10-2019 for change of alignment of the road because
their houses might be damaged due to widening of the road ; and
Whereas, Divisional Commissioner, Jammu vide No. 502/3875/Acq/
GREF/Surankote-II/Poonch/19/2909 dated 29-10-2019 and Financial
Commissioner (Revenue), J&K vide No. FC-LS/LA-5133/2020
dated 05-03-2020 had forwarded the case to Administrative Department
for issuance of notification/declaration under sections 6 & 7 of the Land
Acquisition Act, Svt., 1990 ; and
Whereas, after examining the case, it was observed that as per report
of District Collector (DC), Poonch, land owners/interested persons have
filed objections in respect of proposed land acquisition and vide this
Department letter No. Rev/LAJ/32/2020 dated 08-05-2020, it was requested
to clarify whether the objections so filed have any merit and need any
consideration or not ; and
Whereas, District Collector (DC), Poonch, vide letter No. DCP/LA/
664-65 dated 16-12-2020, on the basis of report submitted by the Collector,
Land Acquisition (Defence), Rajouri-Poonch, Hq. Rajouri vide No. Coll/
Def/2020/878-79 dated 16-12-2020 has reported that the concerned land
owners/interested persons who filed objections on issuance of notification
under section 4 (1) of the Land Acquisition Act, Svt., 1990 were called by
the Collector concerned on 12-10-2020 & 11-11-2020 in his office in terms
of proceedings under section 5-A of the said Act. The land owners/interested
persons therein again requested to change the alignment of the road in
question. It is stated that one of the objector/land owner namely Mr. Abdul
Aziz S/o Mirza Feroz Din despite issuance of Do-Parte notice did not
appear before the Collector concerned ; and
Whereas, Officer Commanding, 79 Road Const. Coy (GREF) C/o
56, APO vide his letter No. 2115/RAJ-TMD-SKT/43/E dated 16-12-2020
had also reported that the road in question is very important due to strategic
point of view and the alignment has been finalized exploring all alternative
and carried out detailed topographically surveys and number of joint visits
which is in advanced stage and as such could not be changed. The land
318
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[ No. 19
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owners will be compensated accordingly as per assessment and the utilities
will be shifted after assessment and compensation, if any, will be paid ; and
Whereas, District Collector (DC), concerned has further reported that
after thoroughly going through the objections raised by the land owners and
the stand taken by the Indenting Department, Collector concerned has opined
that the structures which are coming under the alignment of the said road
cannot be saved as the project holds great public and strategic importance
and attached with security of the country ; and
Whereas, the report submitted by the District Collector (DC), Rajouri,
vide letter referred to above, duly endorsed by Divisional Commissioner,
Jammu vide No. 502/3875/Acq/GREF/Surankote-II/Poonch/19/6415
dated 15-02-2021 and Financial Commissioner (Revenue), J&K vide
No. FC-LS/LA-5133/2020 dated 01-03-2021 has been examined and it is
observed that the objections filed by the land owners/interested persons
pate into insignificance, as the project, in question is of great strategic,
public and security importance and are, accordingly, rejected ; and
Whereas, the Government is satisfied that the land particulars whereof
are given at Annexure "A" to this notification is required for public purpose
viz. widening of By-pass Road Surankote-Bufliaz situated at Village
Surankote-II, Tehsil Surankote, District Poonch by GREF.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
52 Kanals 19 Marlas required for public purposes viz. widening of
By-pass Road, Surankote-Bufliaz situated at Village Surankote-II, Tehsil
Surankote, District Poonch by GREF particulars whereof are given in
Annexure "A" to this notification is required for public purpose viz. for
widening of Rajouri-Thanamandi Road by GREF. Further, the Collector,
Land Acquisition (Defence), Rajouri-Poonch, Hq. Rajouri is directed under
section 7 of the said Act to take orders for acquisition of the said land
after giving prescribed notice to the interested person (s) as required under
section 9 of the Land Acquisition Act/Rules.
However, the Collector concerned shall be specifically held responsible
for identifcation and proper title verification of all types of lands involved in
No. 19] The J&K Official Gazette, 5th Aug., 2021/14th Srav., 1943.
319
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
the case for making apportionment of compensation amongst all the
interested persons/rightful claimants, in accordance with the relevant
laws/rules in force, while making the award.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary to the Government.
–––––––
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Poonch
Surankote
Surankote-II
385/1
00-10
358
01-05
355
01-16
381
00-12
361
01-05
363
03-01
410
00-17
411
05-07
441/1
00-12
444
02-16
484
01-11
320
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[ No. 19
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483
02-02
460
00-06
605
01-19
603
02-10
314
00-09
359
01-11
356
01-06
384
00-09
380
00-17
362
01-13
364
01-18
409
00-13
448
03-18
444/2
01-14
448/2
00-18
485
01-16
461
00-05
606
01-07
604
02-11
602
05-05
–––––
G. Total
52-19
–––––
–––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 19] The J&K Official Gazette, 5th Aug., 2021/14th Srav., 1943.
321
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Subject :—Acquisition of land measuring 141 Kanals 13 Marlas situated at
Village Lalyal, Tehsil Marh, District Jammu for establishment of
Border Fencing (135 Feet wide strip) by Border Security Force
(BSF).
––––––
Notification No. 16-Rev (LAJ) of 2021
Dated 10-03-2021.
Whereas, the land measuring 141 Kanals 13 Marlas, the specification
whereof is given an indent has been placed at Annexure "A" to this notification
situated at Village Lalyal, Tehsil Marh, District Jammu that it is required for
public purpose i. e. establishment of Border Fencing (135 Feet wide strip)
by Border Security Force (BSF) ; and
Whereas, on the basis of an indent placed by the Border Security
Force (BSF), vide No. Engg/BF/135 Feet/FTR(J)/2013/301-03
dated 19-01-2013, Revenue field staff prepared revenue papers and
Divisional Commissioner, Jammu vide No. 502/2177/135 ft/Lalyal/J/13/2278-
83 dated 26-11-2013 submitted the case to the Home Department for issuance
of no objection which was conveyed vide No. Home/CL-09/2013/840
dated 19-02-2015 ; and
Whereas, a notification under section 4 (1) was issued by
Collector, Land Acquisition concerned vide Notification No. 1 of 2015
dated 20-04-2015 for land measuring 141 Kanals 13 Marlas situated at
Village Lalyal, Tehsil Marh, District Jammu, calling upon objections from
the land owners/interested persons ; and
Whereas, the District Collector (DC), Jammu vide No. DCJ/LA/
BF-135ft/Lalyal/2016-17/49-52 dated 16-04-2016 has reported that pursuant
to the above referred notification, no objection was received from
anyone ; and
322
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[ No. 19
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Whereas, the District Collector (DC), Jammu vide above referred
letter has recommended the case to Divisional Commissioner, Jammu who
further endorsed to this department vide No. 502/LAC/Div. Com/21/6482
dated 2-3-2021 for issuance of notification/declaration under sections 6 & 7
of the Land Acquisition Act ; and
Whereas, the case has been examined in light of the above reports, it
is found that no objection was received from anyone ; and
Whereas, the Government is satisfied that the aforementioned
land is required for public purpose viz. for establishment Border Fencing
(135 Feet wide strip) by BSF.
Now, therefore, in pursuance of section 6 of the J&K Land Acquisition
Act, Samvat 1990, it is declared that the land measuring 94 Kanals 06 Marlas
the specification whereof is given at Annexure "A" to this notification situated
at Village Jajiyal, Tehsil Akhnoor, District Jammu for establishment of Border
Fencing (135 Feet wide strip) by Border Security Force (BSF).
Further, the Collector, Land Acquisition is directed under section 7 of
the said Act to take orders for acquisition of the said land after giving
prescribed notice to the interested person (s) as required under section 9 of
the Land Acquisition Act/Rules.
However, the Collector concerned shall be specifically held responsible
for identifcation and proper title verification of all types of lands involved in
the cae for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/ rules in
force, while making the award.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary to the Government.
______
No. 19] The J&K Official Gazette, 5th Aug., 2021/14th Srav., 1943.
323
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Annexure-A
Irrigated
Un-irrigated
Uncultivated
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
K. M.
K. M.
00-00
141-03
00-00
––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Subject :—Acquisition of land measuring 26 Kanals 01 Marlas situated in
Village "Sidherwan", Tehsil Akhnoor, District Jammu for public
purpose viz. establishment of BOP namely Sidherwan by BSF.
––––––
Notification No. 17-Rev (LAJ) of 2021
Dated 10-03-2021.
Whereas, the land, measuring 26 Kanals 01 Marla specification
whereof given in Annexure-"A" to this notification is required for public
purpose viz. establishment of BOP namely Sidherwan by BSF ; and
Whereas, on the indent placed by Border Security Force (BSF), vide
No. AXXV/BOP-Sidherwan/Engg/2012/4685-87 dated 29-05-2012 and
revenue field authorities prepared revenue papers of the said land ; and
Whereas, the case was submitted to Home Department vide
O. M. No. Rev/LAJ/86/2013 dated 21-08-2013 for issuance of
"No Objection" which was conveyed vide No. Home/CL/81/2013/7741
dated 23-12-2013 ; and
Whereas, Collector, Land Acquisition (SDM), Akhnoor issued
notification under section 4 (1) of the Land Acquisition Act Svt., 1990 vide
No. SDM/Akh/LAC/13-14/244-52 dated 07-03-2014 and the District
Collector (DC), Jammu issued declaration under sections 6 & 7 of the Land
Acquisition Act vide notification No. 20/DCJ of 2015-16 dated 09-12-2015
324
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[ No. 19
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for land measuring 26 Kanals 01 Marla in terms of SRO-235 & 236 of 2009
dated 11-08-2009 and the said notification was withdrawn in pursuance of
directions issued by Administrative Department vide No. Rev/LAJ/12/2015
dated 02-02-2016 ; and
Whereas, fresh notification under section 4 (1) of the said Act was
issued by Collector, Land Acquisition (SDM), Akhnoor, vide No. SDM/
AKH/LAC/2018-19/421 dated 23-06-2018 and the said notification was
served upon the land owners/interested persons calling upon them to file
objections, if any, within the prescribed time ; and
Whereas, District Collector (DC), Jammu vide No. DCJ/LA/BOP/
Sidherwan/2018-19/1087-89 dated 02-09-2018 read with No. DCJ/LA/BOP/
Deora/2019-20/373-75 dated 19-09-2020 and 15-12-2020 has reported that
no objections were filed by any of the land owners/interested persons within
the prescribed period as required under sections 5 & 5-A of the Land
Acquisition Act, Svt.1990 and recommended the case to Divisional
Commissioner, Jammu for issuance of declaration under section 6 & 7 of
the Land Acquisition Act, Svt., 1990 ; and
Whereas, Divisional Commissioner, Jammu vide No. 502/3316/
Acq/BOP/Sidherwan/Jmu/20/5595 dated 17-10-2020 read with letter dated
17-12-2020 endorsed the case to Financial Commissioner (Revenue), J&K
who forwarded the same to this department vide No. FC-LS/LA-5240/
2021 dated 01-03-2021 for isuance of declaration/notification under
section 6 & 7 of the Land Acquisition Act, Svt. 1990 ; and
Whereas, the case has been examined in department and it is observed
that no objections were received from anyone ; and
Whereas, the Government is satisfied that the aforementioned land is
required for public purpose viz. establishment of Border Out Post (BOP)
namely "Sidherwan".
Now, therefore, in pursuance of section 6 of the J&K Land Acquisition
Act, Samvat 1990, it is declared that the land measuring 26 Kanals 01 Marla
specifications of which are given in Annexure " A" to this notification, situated
No. 19] The J&K Official Gazette, 5th Aug., 2021/14th Srav., 1943.
325
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
in Village "Sidherwan", Tehsil Akhnoor, District Jammu is required for public
purpose viz. establishment of BOP namely Sidherwan by BSF. Further, the
Collector, Land Acquisition (SDM), Akhnoor is directed under section 7 of
the said Act to take orders for acquisition of the said land after giving
prescribed notice to the interested person (s) as required under section 9 of
the Land Acquisition Act/Rules.
However, the Collector concerned shall be held specifically responsible
for identification and proper title verification of all types of lands involved in
the case for making apportionment of compensation amongst all the interested
persons/ rightful claimants, in accordance with the relevant laws/rules in
force, while making the award.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary to the Government.
______
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Jammu
Akhnoor
Sidherwan
564/1 Min
00-12
565 Min
00-05
566 Min
02-12
568 Min
02-02
569 Min
00-10
574 Min
08-19
575 Min
00-14
576 Min
05-04
326
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[ No. 19
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
577 Min
02-02
580 Min
02-17
581 Min
00-04
––––––
Total
26-01
––––––
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Thu., the 5th August, 2021/14th Srav., 1943. [ No. 19
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
Certified that in pursuance of Government Order No. 472-JK(GAD)
of 2021 dated 28-05-2021, we have in the afternoon of 7th June, 2021,
respectively, made over and received the charge of the Office of the Chief
Secretary, Government of Jammu and Kashmir.
(Sd.) B. V. R. SUBRAHMANYAM.
Relieved Officer.
(Sd.) ARUN KUMAR MEHTA.
Relieving Officer.
————
38 The J&K Official Gazette, 5th August, 2021/14th Srav., 1943. [No. 19
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Certified that we have today on 5th day of April, 2021 FN
respectively made over and received the charge of the Office of Special
Mobile Magistrate, Leh.
Memo of balance for which responsibility is accepted by the Officer
Receiving Charge.
1.
Cash : Nil
2.
Stamps : Nil
(Sd.) ......................
Relieved Officer.
(Sd.) .....................
Relieving Officer.
Notice
I, Chain Singh S/o Raghunath Singh R/o Chilla, Surinsar, Post
Office, Surinsar, Tehsil Jammu and District Jammu have applying for
correction, of my name and my father which has been wrongly written
in my PAN Card bearing No. EQPPS9357R as Chen Singh instead
of correct name Chain Singh (my name) and Durga Nath Singh instead
of correct name Raghunath Singh. Objection, if any, may be conveyed
to concerned authority within 7 days from the date of publication of
this notice.
It is certified that I have complied with other legal requirements
in this connection.
Chain Singh
S/o Raghunath Singh
R/o Chilla, Surinsar, Post Office, Surinsar,
Tehsil Jammu and District Jammu.
————
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
Vol. 134] Jammu, Thu., the 5th Aug., 2021/14th Srav., 1943. [ No. 19
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.
———–
220 The J&K Official Gazette, 5th Aug., 2021/14th Srav., 1943.
[ No. 19
Notice
No Legal responsibility is accepted for the publication of
Advertisements/Public Notices in this Part of the Official Gazette of UT
of J&K. Persons notifying the Advertisements/Public Notices will
remain solely, responsible for the legal consequences and also for any
other misrepresentation etc.
By Order.
General Manager,
Ranbir Govt. Press, Jammu.
_______
Notice
I, Dhruv Gupta and Apurva Gupta S/o and D/o Deep Kumar
and Veerta Gupta R/o Bhawani Nagar, Jammu hereby declare that we
are applying for correction in my educational documents.
According to revenue and other records, the actual name of my
father is Deep Kumar and not Deep Gupta and DK Gupta, similarly
the actual spelling of my mother’s name is Veerta Gupta and not Virta
Gupta which are wrongly recorded on our all educational documents.
The rectification is mandatory to set the record straight.
Objections, if any, may be sent to the concerned authorities Jammu
within a week’s time.
It is certified that I have complied with other legal requirements
in this connection.
Dhruv Gupta and Apruva Gupta
S/o & D/o Deep Kumar and Veerta Gupta
R/o Bhawani Nagar, Jammu.
Notice
No Legal responsibility is accepted for the publication of
Advertisements/Public Notices in this Part of the Official Gazette of UT
of J&K. Persons notifying the Advertisements/Public Notices will
remain solely, responsible for the legal consequences and also for any
other misrepresentation etc.
By Order.
General Manager,
Ranbir Govt. Press, Jammu.
_______
No. 19] The J&K Official Gazette, 5th Aug., 2021/14th Srav., 1943. 221
Notice
I, Kavita Verma old name W/o Rashid Mehmood R/o H. No. 70,
Mohalla Jatkatian near Lakhdatta Bazaar, Jammu has changed my name
from Kavita Verma old name to Ayesha new name do hereby assume
from this date the name surname Ayesha (new name).
It is certified that I have complied with other legal requirements
in this connection.
Kavita Verma
W/o Rashid Mehmood
R/o H. No. 70,
Mohalla Jatkatian near Lakhdatta Bazaar,
Jammu.
Notice
No Legal responsibility is accepted for the publication of
Advertisements/Public Notices in this Part of the Official Gazette of UT
of J&K. Persons notifying the Advertisements/Public Notices will
remain solely, responsible for the legal consequences and also for any
other misrepresentation etc.
By Order.
General Manager,
Ranbir Govt. Press, Jammu.
_______
Notice
I, Rashmi Gupta W/o Late Sh. Rajesh Kumar R/o W. No. 10,
Main Bazar, Udhampur want to correct name of myself which has been
wrongly written as Rashmi Regra in my son’s school record namely
Vatsal Regra who is studying in 7th class in K.V. No. 1, Udhampur.
My actual and correct name is Rashmi Gupta. Applying for correction.
Objection, if any, may be conveyed to concerned authorities.
It is certified that I have complied with other legal requirements
in this connection.
Rashmi Gupta
W/o Late Sh. Rajesh Kumar
R/o W. No. 10,
Main Bazaar, Udhampur.
222 The J&K Official Gazette, 5th Aug., 2021/14th Srav., 1943.
[ No. 19
Notice
No Legal responsibility is accepted for the publication of
Advertisements/Public Notices in this Part of the Official Gazette of UT
of J&K. Persons notifying the Advertisements/Public Notices will
remain solely, responsible for the legal consequences and also for any
other misrepresentation etc.
By Order.
General Manager,
Ranbir Govt. Press, Jammu.
_______
Name Change
I, Sanjay Kumar S/o Jawahar Lal Razdan, R/o H. No. 2/B,
Prem Nagar, Miran Sahib, R. S. Pura, Jammu, J&K, have changed
my name to Sanjay Kumar Razdan vide affidavit dated 14-07-2021 sworn
before Notary Swarn Singh Manhas at Jammu.
It is certified that I have complied with other legal requirements
in this connection.
Sanjay Kumar
S/o Jawahar Lal Razdan,
R/o H. No. 2/B,
Prem Nagar, Miran Sahib,
R. S. Pura, Jammu,
J&K.
Notice
No Legal responsibility is accepted for the publication of
Advertisements/Public Notices in this Part of the Official Gazette of UT
of J&K. Persons notifying the Advertisements/Public Notices will
remain solely, responsible for the legal consequences and also for any
other misrepresentation etc.
By Order.
General Manager,
Ranbir Govt. Press, Jammu.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Thu., the 5th August, 2021/14th Srav., 1943. [No. 19
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—
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,
OFFICE OF THE GENERAL MANAGER,
GOVERNMENT PRESS, SRINAGAR.
e-Tender Notice No. 01 dated 16-07-2021
(Lifting/Removing of Waste Paper Material)
For and on behalf of the Lieutenant Governor of Jammu and
Kashmir, e-Bid is invited for the finalization of the Rate Contract for
lifting of mixed waste cutting paper including wrappers, board etc.
detailed in Annexure-A to this e-Tender Notice with specifications in
the schedule forming part of terms and conditions of this e-NIT. The
e-Tender Notice can be downloaded/accessed on www.jktenders.gov.in.
S.
Specification
Quantity
Cost of
Earnest Money
No.
tender fee
—————————————————————————————
1.
Mixed waste
As per
Rs. 100/-
Rs. 10,000/- (Rupees
cutting paper
Actual
ten thousand only)
including wrappers,
board etc.
80 The J&K Official Gazette, 5th August, 2021/14th Srav., 1943. [No. 19
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The bidding documents consisting of qualifying information,
eligibility criteria, specifications, Bill of Quantities (B. o. Qs.), set terms
and conditions of contract and details can be seen/downloaded
from the official website www.jktenders.gov.in as per scheduled dates
given below :—
1.
Date of issue of tender of
15-07-2021 (4.00 P. M.)
bidding documents
2.
Period of downloading of
15-07-2021 (11.00 A. M.)
bidding documents
3.
Bid submission start date
15-07-2021 (11.00 A. M.)
4.
Bid submission end date
28-07-2021 (5.00 P. M.)
5.
Date and time of opening
30-07-2021 (12.00 Noon)
technical/financial bids
For and on behalf of the Lieutenant Governor of Jammu and
Kashmir.
(Sd.) AIJAZ AHMAD AKHOON,
General Manager.
EXTRAORDINARY REGD. NO. JK–33
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOUSING AND URBAN
DEVELOPMENT DEPARTMENT
Notification
Jammu, the 29th January, 2021.
SO-29.—In exercise of the powers conferred by Section 36 of the
Street Verdors (Protection of Livelihood and Regulation of Street Vending)
Act, 2014 (7 of 2014), the Lieutenant Governor of Union Territory of
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Fri., the 29th Jan., 2021/9th Magha, 1942. [ No. 44-b
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws Rgulations and Rules passed thereunder.
–––––––
2 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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Jammu and Kashmir hereby makes the following rules for regulating street
vending activities, namely :—
CHAPTER 1
PRELIMINARY
1. Short title, application and commencement.—These rules may
be called “The Jammu and Kashmir Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Rules, 2021”.
(ii)
They shall be applicable to all the Municipal Bodies/Municipalities
in the Union Territory of the Jammu and Kashmir.
(iii)
They shall come into force with effect from the date as may
be notified by the Government in the Official Gazette.
2. Definitions.—(1) In these rules, unless the context otherwise
requires,—
(a)
“Act” means the Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014 (7 of 2014) of
Government of India ;
(b)
“Chief Executive Officer” means an officer incharge of the
Municipal Corporation, Municipal Council, Municipal
Committee, as the case may be ;
(c)
“Form” means form appended to these rules ;
(d)
“Grievance Redressal Committee” means the committee
constituted under sub-section (1) of section 20 of the Act ;
(e)
“Government” means the Government of Jammu and
Kashmir ;
(f)
“Local authority” means the local authority as defined under
clause (c) of sub-section (1) of section 2 of the Act ;
(g) “License” means the permission letter for vending issued under
these rules ;
(h) “Scheme” means a scheme framed by the Government under
section 38 of the Act ;
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942.
3
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(i) “Section” means the section of the Act ;
(j) “Street Vendor” means a person engaged in vending of articles,
goods, wares, food items or merchandise of everyday use or
offering services to the general public, in a street, lane, side
walk, footpath, pavement, public park or any other public place
or private area, from a temporary built up structure or by moving
from place to place and includes hawker, peddler, squatter and
all other synonymous terms which may be local or region
specific; and the words “street vending” with their grammatical
variations and cognate expressions, shall be construed
accordingly, as referred to in clause (c) of sub-section (1) of
section 2 of the Act ;
(k) “Town Vending Committee (TVC)” means a committee
constituted under Rule 4.
2. Words and expressions which are used in these rules and not
defined but defined in the Act shall have the same meaning assigned to
them in the Act.
CHAPTER 2
REGULATION OF STREET VENDING
3. Prescription of the age for issue of the certificate of
vending.—A street vendor who has completed the age of eighteen years
shall alone be issue a certificate of vending under section 4 of the Act.
CHAPTER 3
TOWN VENDING COMMITTEE
4. Constitution of Town Vending Committee. —(1) There shall
be constituted a Town Vending Committee in each Municipality by the
Government.
(2) The Town Vending Committee shall have its permanent office at
the space allotted by the local authority.
4 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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5. Composition of Town Vending Committee.—(1) Each Town
Vending Committee shall consist of following official and non-official
members :—
S.
Title
Status
No.
———————————————————————————
1
2
3
———————————————————————————
A
Municipal Corporation
Official Members :
i.
Municipal Commissioner
Chairperson
ii.
Medical Officer of the Municipal Corporation
Member
or any officer incharge of the management of the
preventive health measures
iii.
Collector or his representative
Member
iv .
Chief Planning Officer of the District
Member
v.
One Police official nominated by the Director
Member
General of Police not below the rank Deputy
Superintendent of Police
vi.
Officer of the Municipal Corporation, next
Member-
rank to the Municipal Commissioner
Secretary
(as decided by the Chairperson)
Non-Official Members :
i.
One representative of Municipal Corporation
Member
ii.
Eight representatives of the street vendors
Member
who are carrying on street vending activity
iii.
One representative of Market and Trade
Member
Associations
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942.
5
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1
2
3
———————————————————————————
iv.
One representative of Non-Government
Member
Organizations
v.
One representative of Community Based
Member
Organizations
vi
One representative of the Lead Bank
Member
B
Municipal Council
Official Members :
i.
Chief Executive Officer
Chairperson
ii.
Sub-Divisional Magistrate
Member
iii.
Police Inspector
Member
iv.
An official or his representative of the
Member
Town and Country Planning Organization of
the Union Territory, stationed locally or in any
nearby city or town
v.
Officer of the Municipal Council, next in rank
Member-
to the
Chief Executive Officer (as decided
Secretary
by the Chairperson)
Non-Official Members :
i.
One representative of the Municipal Council
Member
ii.
Five representatives of street vendors who are Member
carrying on street vending activity
iii.
One representative of Market and Trade
Member
Associations
6 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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iv.
One representative of Non-Government
Member
Organizations
v.
One representative of the Lead Bank
Member
C
Municipal Committee
Official Members :
i.
Executive Officer
Chairperson
ii.
Tehsildar
Member
iii.
Police Sub-Inspector
Member
iv.
Officer of the Municipal Committee, next in
Member-
rank to the Executive Officer (as decided by
Secretary
the Chairperson)
Non-Official Members
i.
One representative of Municipal Committee
Member
ii.
Four representatives of street vendors who are Member
carrying on street vending activity
iii.
One representative of Market and Trade
Member
Associations
iv.
One representative of Non-Government
Member
Organizations
v.
One representative of the Lead Bank
Member
(2) The Non-official members shall be elected or selected as per
the procedure laid down in rule 7 ;
(a)
While holding election of the street vendors to the Town Vending
Committee, the Town Vending Committee, if deems fit, shall
———————————————————————————
1
2
3
———————————————————————————
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942.
7
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decide the number of seats to be represented by scheduled
caste, scheduled tribe, other backward classes, minorities and
persons with disabilities on a rotation basis.
(b)
For ensuring one-third representation for women, the Town
Vending Committee shall decide the number of seats of
reserved and open category before each election which shall
be represented by a woman candidate only.
(3) The percentage of reservation shall be followed as per the
prevalent guidelines of the Government.
(4)
If need be, Zonal Town Vending Committee may be constituted
by the Government for the Municipal Corporation, on the recommendation
of the Municipality. The Government shall decide the rank of the official
not below the rank of Deputy Commissioner, who shall preside over the
Zonal Committee and the powers of the Municipal Commissioner to be
exercised by such official.
(5) The member nominated by the Government shall, unless his
nomination is terminated earlier by the Government, hold office for three
years from the date of his nomination.
(6) The Town Vending Committee may associate with any expert
having expertise and special knowledge in urban governance to give advice
or assist it in carrying out the provisions of the Act :
Provided that such associated members shall have right to attend the
meetings and participate in the discussions but have no voting right. Such
person shall be paid an honorarium as may be decided by the Chairperson.
Note :—The Member-Secretary shall be responsible for convening
the meeting and ensuring compliance of the decisions taken
by the Town Vending Committee.
6. Provisional Town Vending Committee.—(l) Notwithstanding
anything contained in rule 5, the Government shall constitute the provisional
Town Vending Committee for each Municipality, till such time, as the survey
of street vendors is completed and election of the representatives of street
vendors is held on the basis of such survey. The Government shall nominate
all the members of the Town Vending Committee of various categories
mentioned in the Act for this purpose.
8 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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(2)
The nomination of the street vendors to the Town Vending
Committee, under sub-rule (l), shall be based on some document more
than six months old establishing the status of a person as a street vendor in
the city or town, for which the Town Vending Committees to be
constituted.
(3)
The duration of the Town Vending Committee constituted under
sub-rule (1) shall not be more than one year or till such time as the election
of the street vendors to the Town Vending Committee could be held
on the basis of the survey undertaken, whichever is earlier.
7. Mode of election or selection of Non-official members. —(l)
The general board of the Municipality shall decide one of the members of
the Municipality to be nominated for Town Vending Committee.
(2)
The Municipality by resolution may decide for the mode of
nominating the members from the Street Vendor Associations, Market
and Trade Associations, etc. by anyone of the following procedures :—
(a)
Where it has been decided to go for a ballot based election for
tle non-official members of the Town Vending Committee, the
institution-wise election shall be conducted by the Collector or
his representative following the procedure usually adopted for
the election of the representatives of the Municipality.
(b)
Where it has been decided to select by lot, the following
prodedure shall be followed, namely :—
i.
the Municipality shall publish a notice calling for applictions
for the membership of Town Vending Committee, on its
website and in any two prominent local newspapers
published in the local language of the area. A copy of the
notice shall also be displayed in any conspicuous place in
the local market or markets within the jurisdiction of the
Municipality ;
ii.
the publication of such notice shall contain, amongst other
things, the date of publication, the form for the application,
qualification of the candidate, the last date for submission
and the manner of submission of the aplication ;
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942.
9
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iii.
the notice shall be published thirty days prior to the last
date for the submission of applications for membership of
the committee ;
iv.
any person, being a member of any association of street
vendors, the market association, the traders association,
etc. is eligible to apply for membership of committee.
Provided that such person must have completed the age
of eighteen years and had not been convicted by any court
of law for any criminal offence declaring incompetent to
take part in the general election ;
v.
the Municipality may seek information, with respect to,
particulars of the applicant and details of work experience,
particularly in the field of informal market or markets and
street vending within the jurisdiction of the Municipality,
and such other information as it may deem fit ;
vi.
the Municipality, on receipt of such applications shall allot
a unique number to each application and communicate the
same to every applicant ; and
vii.
if the applications received for a particular category are
more than the required numbers, the Municipality shall
select the member on the basis of lottery. Such lottery
shall be held in the presence of the interested parties.
(3)
The election for the members of the Town Vending Committee
from amongst the street vendors shall be conducted in the manner provided
in the Schedule appended to these rules.
(4)
The National Lead Bank shall nominate one of its officials as a
member for the committee.
(5)
The Municipality shall publish the aforesaid information and the
list of nominated members of Town Vending Committee on its website,
within thirty days from the last date for submission of application for the
membership of the committee.
(6)
The formation of the Town Vending Committee (both official
and non-official members) shall be published by the Government
in the
Official Gazette.
10 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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8. Functions of Town Vending Committee.—The Town Vending
Commitee shall perform following functions and duties, namely :—
(1)
To ensure that the identity cards shall be issued to the street
vendors after its preparation by the Municipality ;
(2)
To collect the fee for registration or renewal of registration of
street vendors as determined by the Municipality ;
(3)
To collect fees and other charges for registration and its renewal,
usage of parking space for mobile stalls and availing of civic
services and other charges/fee made through banks ;
(4)
To grant, renew, suspend or cancel registration certificates to
street vendors ;
(5)
To identify and designate vending zones and to set the terms
and conditions for hawking/vending ;
(6)
To specify timings for vending in vending zones ;
(7)
To maintain the records of land, street, footpath, embankment,
waiting area, parks and other public places designated for
vending ;
(8)
To conduct or cause undertake periodic surveys of vending
zones ;
(9)
To collect, maintain and update data regarding street vendors ;
(10)
To determine quantitative norms for different categories of
stationary and mobile stalls in the vending zones ;
(11)
To assess and determine maximum holding capacity of each
vending zone ;
(12)
To identify and declare area as restriction free vending zones,
restricted free vending zones with regard to days and time, and
no vending zones ;
(13)
To ensure fixation of signboard at each vending zone to indicate
kind of vending zone, its boundaries and vending times ;
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 11
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(14) To declare place and timing of vendors’ markets for weekly haats,
night bazaars, holiday bazaars, hawker’s plaza, theme-based
markets and festival bazaars and ensure their continuation and
upgradation ;
(15) To ensure adequacy of and monitor the civic amenities including
water, sanitation, waste management, electricity and other
facilities provided by the Municipality in the vending zones ;
(16) To monitor activities of street vendors and the implementation
and execution of the scheme ;
(17) To ensure that the quality of products and services provide to
the public and public health, hygiene and safety standards as
specified by the Municipality are maintained ;
(18) To ensure that allotted stalls are utilized by the vendors in
accordance with the terms and conditions specified ;
(19) To specify the terms and conditions for issue, renewal,
suspension or cancellation of registration ;
(20) To determine actions including imposition of fine for violating
the terms and conditions for registration ;
(21) To promote awareness regarding credit through institution
mechanisms ;
(22) To determine norms for regulating the activities of street vendors ;
(23) To determine terms and conditions for providing benefit of
insurance, maternity benefits, old age pension and other social
security schemes to the street vendors in case of death, illness
or disability ;
(24) To lay down guidelines for organizing associations and self-help
groups of street vendors ;
12 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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(25) To conduct or make arrangement for organizing training
programmes for street vendors with a view to equip them with
entrepreneurship and technical and business skills ;
(26) To redress grievances of and resolve disputes amongst the street
vendors and take corrective actions against defaulters ;
(27) To allocate any duties and responsibilities to the Ward Vending
Committee for effective implementation of the scheme ;
(28) To discharge any other functions as assigned by the Government
or Municipality in regard to regulating street vending and
rehabilitation street vendors in urban areas.
9. Duration of Town Vending Committee. —(1) The term of the
Town Vending Committee shall be for a period of three years from the date
of its constitution.
(2)
The process of constituting new Town Vending Committee
shall be completed before the expiry of the term of the existing
committee.
10. Removal of Member of Town Vending Committee. —If in
the opinion of the Government any members of the Town Vending
Committee pesistently makes default in the performance of his duties
impose on him by or under the Act or the rules or exceeds or abuse its
power, the Government may, by order remove such member from the
Town Vending Committee :
Provided that such member shall be given a reasonable opportunity
of being heard before passing an order of removal.
11. Method of filling vacant post.—Where any vacancy occurs in
the existing Town Vending Committee due to resignation, death and removal
of any member or for any other reason, the same procedure as laid down
in the Rule 7 shall be folIowed to fill up such vacancy.
12. Allowances to non-official members.—The non-official
members shall be entitled to a seating fee as may be decided by the
Municipality. In case of non-quorum meeting, fifty per cent of the sitting
fee shall be paid to such members who have attended such non-quorum
meeting.
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 13
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13. Collection of revenue.—(l) There shall be linkage between
the Municipality and street vendors through Town Vending Committee for
collection of,—
(a)
fee for registration, fee for renewal and license fee ;
(b)
monthly maintenance charge ;
(c)
levy on space allotted ;
(d)
Fines and other charges, if any.
(2) Municipality and Town Vending Committee (s) shall make adequate
and proper arrangement for collection of fee, levy charge etc. from
the vendors.
(3) Prescribed receipt for the realized amount shall be issued to
the vendors.
(4) Municipality may enter into arrangement/agreement with
any nationalized bank(s) having sufficient number of branches accross
the town for collection of fee, levy, charges etc.
14. Conduct of business by Town Vending Committee
(TVC).— (1) The Town Vending Committee shall decide in its first meeting,
the various procedural aspects relating to conduct of its business.
(2) The meeting of the Town Vending Committee shall be held at
least once in every two months.
(3) The meeting shall be convened by the Member-Secretary.
(4) The place, date and time of the meeting shall be fixed by the
Member-Secretary in consultation with the Chairperson.
(5) Every meeting of the Town Vending Committee shall be presided
over by its Chairperson.
(6) In the meeting decisions shall be taken by majority of the members
present and voting.
14 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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(7) In case of equality of votes, the Chairperson shall have the right
of casting vote.
(8) The first meeting of the newly constituted committee shall be
fixedwithin fifteen days from the date of its constitution.
15. Agenda for meeting and notice of meeting and
business. —(1) The agenda for the meeting shall be prepared by the
Member-Secretary in consultation with the Chairperson.
(2) A notice of the meeting shall be sent by via e-mail/register post,
given by himself, to each member of the Committee, and also put on the
designated official website (of TVC and Municipality) at least seven days
before the time fixed for such meeting.
(3) The notice of meeting shall contain place, date and time of the
meeting and a list of business to be transacted at the meeting.
(4) A notice indicating place, date and time of the meeting shall also
be pasted on the notice board in the office of the Town Vending Committee
as well as in the Municipality.
(5) If possible, telephonic communication may also be made by the
staff of the Town Vending Committee.
(6) No business, except as provided in sub-rule (2), shall be
transacted at any meeting other than a business of which notice has been
given.
16. Right of members to move proposal.—(1) Any member of
the Committee may send or deliver to the Chairperson notice of any
resolution with a copy thereof proposed to be moved by him at any
meeting of which notice has been sent.
(2) Such a notice shall be sent or delivered at least forty-eight hours
before the date fixed for the meeting.
(3) The Member-Secretary thereupon shall with all possible dipatch
cause to be circulated such resolution to every member in such manner as
he thinks fit.
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 15
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(4) Any resolution so circulated may, unless the meeting othewise
decides, be considered and disposed of thereat.
17. Quorum.— (l) The quorum for the general meeting shall be at
least two-third of the total members of the Committee.
(2) No meeting shall be carried on in the absence of the quorum
and where there is no quorum, the meeting shall be adjourned.
(3) The quorum for the urgent or special meeting shall be three-
fourths of the total members of the Committee.
18. Adjournment of meeting.—(l) Where any meeting fails or is
unable to transact its business for want of quorum as referred to in Rule
17, the Chairperson shall adjourn the meeting and direct that a meeting be
held at such time and place as he thinks fit; and the business which had
been listed for transaction at the original meeting shall be brought forward
and transacted in the usual manner at such meeting but no quorum shall be
necessary thereat.
(2) The Chairperson of any meeting at which a quorum of
the members is present may, with the consent of the majority of the
members present, adjourn the meeting from time to time.
19. Postponement of meeting.— The Chairperson may, for reason
to be recorded, postpone a meeting, other than a meeting convened on
requisition of members as referred to in Rule 23, by giving notice of twenty-
four hours.
20. Minutes.— (l) The Member-Secretary shall maintain a minute
book for recording the proceedings of every meeting and shall keep it in
his safe custody.
(2) The minute book shall record the signature of the members
attending the meeting before its commencement.
(3) Proper recording of proceedings and resolutions adopted at every
meeting shall be maintained in the minute book by the Member-Secretary.
16 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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(4) After the meeting is over, all members attending the meeting
shall put their signature on the proceedings recorded.
(5) At the next meeting, the proceedings of the last meeting and the
resolutions adopted shall be read and confirmed by the members attending
the meeting.
(6) The proceedings and minutes shall be finally signed by the
Chairperson.
21. Modification in resolution.—In case of any discrepancy found
by the members while confirming the resolutions adopted as referred to
under sub-rule (5) of Rule 20, the Committee shall discuss the concerned
item and shall make necessary modification in the resolution, including its
annulment.
22. Communicating the resolutions.—The resolutions confirmed
under sub-rule (5) and finally signed by the Chairperson under sub-rule
(6) of Rule 20 shall be communicated to the Municipality within seven
days; and the same shall also be forwarded to the Government and the
District Nodal Officer.
23. Urgent meeting of Town Vending Committee.—(1) The
Municipal Commissioner or the Executive Officer, as the case may be,
may convene an urgent meeting of the Town Vending Committee to discuss
and discharge any matter of immediate importance.
(2) Such an urgent meeting may be convened on the notice of twenty-
four hours to the members.
(3) The notice of an urgent meeting may be communicated on
telephone and through e-mail, if available, but proper record of such
communication shall be maintained.
24. Disqualification of members.— The leave of absence and
the disqualification of the member of the Town Vending Committee shall
be decided in the following manner, namely :—
(1)
A member, in case of urgency, may remain absent in the
meetingwith the prior approval of the Chairperson of the
committee.
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 17
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(2)
When a member remains absent for three consecutive
meetings without permission, the Chairperson shall issue
a show cause notice to such member asking him to explain
within two weeks, the reasons for his absence in the
meetings. If such member submits satisfactory explanation
on reasons for his absence, he may be continued as a
member with the warning.
(3)
Where such member fails to give any satisfactory reason
of his absence in the meetings or does not reply to the
show cause notice within time, his membership from the
committee shall be terminated and such termination order
shall be communicated to the member by the Town
Vending Committee.
(4)
Any member convicted in any criminal case shall loose
his membership of the committee.
(5)
Any member who has lost his membership of the committe
may prefer an appeal to the Government within one month
from the date of receipt of the termination order. The
Government, after giving opportunity of hearing to both
the parties shall decide the appeal and the decision of the
Government thereon shall be final.
25. Status paper and street vending scenario shall be put up
by Municipality.— After the procedural details are finalized by the Town
Vending Committee, and before it takes up the regular business, the
Municipality shall circulate a status paper of the street vending scenario in
the city or town amongst the members of the committee containing the
following details, namely :—
i.
the areas of street vending in the city or town indicated in the
map ;
ii.
the number of street vendors in the city or town where a survey
has already been conducted, otherwise indication can be given
about the approximate numbers ;
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iii.
information about the high footfall areas, lean footfall areas and
mid-range areas from the street vending angle ;
iv.
the areas of seasonal vending, areas of niche market, areas of
night bazaars, the likely high footfall places in the areas under
development ;
v.
a broad category of articles sold ;
vi.
the problem areas from the traffic angle ;
vii.
enumeration of the relevant provisions of the Prevention of Food
Adulteration Act, 1954 ; and
viii. enumeration of health and hygiene aspect needs to be taken
care of by the street vendors.
Explanation :—Caution should be taken to ensure that the data
presented are authentic to the extent possible and
up-to-date. These will vertually form the baseline
data to facilitate the committee to take decision.
These databases can be presented in the digital
form if so desired by the committee.
CHAPTER 4
DISPUTE REDRESSAL MECHANISM
26. Constitution of Grievance Redressal Committee.—(l)
There shall be a Grievance Redressal Committee for one or more
Municipalities as decided by the Government from time to time for redressal
of grievances or resolution of the disputes of the street vendors. It is to be
constituted by the Government under sub-section (1) of section 20 of the
Act.
(2) The Government shall appoint—
(a)
a civil judge or a Judicial Magistrate as a Chairperson ; and
(b)
Two other persons as members of the Grievance Redressal
Committee :
Provided that out of two other members of the committee,
one shall not be below the rank of a retired Joint Municipal
Commissioner of a Corporation or retired Chief Executive
Officer of a Municipality in the region and the second
member of the committee shall be a prominent social
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worker, preferably having experience in the field of informal
economy including street vending in th same region.
(3) The Chairperson and the Members of the Grievance Redressal
Committee shall have tenure of three years or up to the age of sixty-five
years whichever is earlier.
(4) The Government shall decide the area of jurisdiction and the
headquarters of Grievance Redressal Committee.
27. Qualifications and experience for appointment as member
in Grievance Redressal Committee.—(l) A person shall be qualified
to be appointed as a member in a Grievance Redressal Committee,
if he—
(a)
is above thirty-five years but is not more than sixty-five years
of age ;
(b)
Members—
i.
First member being a person who has worked in Local
Self-Government or as an officer not below the rank of
Under Secretary to the Government or equivalent, having
experience in the Municipality ;
ii.
Second member being a person of ability, integrity, and
standing and has adequate knowledge or experience of,
at least, ten years in social work or in dealing with the
problems relating to street vendors or of public affairs or
urban planning or economic development or public
administration.
28. Allowances and terms and conditions of Chairperson and
member of Grievance Redressal Committee.—(l) The Chairperson
and members of the Grievance Redressal Committee shall be paid such
remuneration as may be decided by the Government from time to time.
(2) The Government may remove from the office, the Chairperson
and members of Grievance Redressal Committee, if he—
(a)
has been adjudged an insolvent ; or
20 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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(b)
has been convicted of an offence which, in the opinion of
the Government, involves moral turpitude ; or
(c)
has become physically or mentally incapable of action as
such Chairperson or member, as the case may be ; or
(d)
has acquired such financial other interests as is likely to
affect prejudicially his functions as such Chairperson or
member, as the case may be ; or
(e)
has, in the opinion of the Government such financial or
other interest as is likely to affect prejudicially the discharge
by him of his functions as a member.
29. Form and manner of making an application to Grievance
Redressal Committee.—(1) Every application for redressal of
grievance or resolution of a dispute under sub-section (2) of section 20
of the Act shall be in Form I.
(2)
The application shall be signed by the applicant and presented
by him in person or through its representative to the Grievance Redressal
Committee.
(3)
The application shall be accompanied by a copy of the order
or notice, if any, against which the application is made and other relevant
documents.
(4)
Such application shall be filed by the street vendor within thirty
days from the date of occurrence of any incidence or order, causing the
grievance or dispute.
(5)
The Grievance Redressal and Dispute Resolution Committee
shall entertain an application where—
(a)
the application is anonymous or it contains general and
vague allegations ;
(b)
the matter is sub-judice in any court of law, tribunal or a
quasi-judicial authority ;
(c)
the matter is beyond the purview of the Act ;
(d)
the applicant has no locus standi to file the application.
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30. Manner of hearing by Grievance Redressal
Committee.—(l) On receipt of an application under rule 29, the Grievance
Redressal Committee shall hold a preliminary hearing with the applicant
to determine as to whether there is a prima facie case and whether the
balance of convenience is in favour of applicant. The street vendor may
also pray for the interim relief during the pendency of such application.
(2)
The result of the preliminary hearing shall be pronounced at
the conclusion of the hearing and shall be recorded in writing and
communicated to the applicant. The committee may grant or refuse the
interim relief, if any, prayed by the street vendor, with the reasons recorded
in writing.
(3)
Where it has been held by the committee that there is a prima
facie case, a notice shall be issued to the Municipality containing the details
of the grievance or dispute.
(4)
The Municipality, on receipt of such a notice, will file a reply
within a period to be decided by the committee. A copy of the reply shall
also be furnished to the street vendor, free of cost.
(5)
The street vendor may file a counter reply within a period of
two weeks from the date of receipt of the written reply filed by the
Municipality.
(6)
The Grievance Redressal Committee may order for a field
inquiry by deputing one of its members or an official of the Municipality in
connection with the contentions made by the applicant or respondent and
also with reference to the records placed before it.
(7)
The Grievance Redressal Committee, after hearing both the
parties shall pass an order in writing, with the reasons for taking the decision,
within a period of one month from the date on which hearing of both the
parties concluded.
(8)
The decision of the Grievance Redressal Committee shall be
binding on the parties unless it is stayed by the Municipality to which the
appeal lies.
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CHAPTER 5
APPEALS
31. Appellate Committee to hear appeal.—Every Municipality
shall constitute a committee consisting of Mayor or President as a
Chairperson and two other members of the Municipality as decided in the
general body meeting to work as appellate authority to hear the appeal
under rules 32 and 33.
32. Appeal against the decision or order of Town Vending
Committee.—(l) Any person, aggrieved by the decision or order of the
Town Vending Committee with respect to issue of certificate of vending or
cancellation or suspension of certificate of vending, may prefer an appeal
to the appellate committee constituted under rule 31within a period of
thirty days from the date of the decision of the Town Vending Cclnmittee,
in the Form II, either himself or through his representative.
(2)
Any appeal filed after the expiry of the stipulated period specified
in sub-rule (1) shall not be entertained by the appellate committee :
Provided that the appellate authority may condone the delay if it is
satisfied that the appellant was prevented by sufficient cause from preferring
an appeal within the stipulated period.
(3)
The appellate committee shall dispose of such appeal within a
period of thirty days from the date of filing the appeal.
(4)
The appellate committee, after hearing both parties shall pass
an order in writing, with reasons for taking such decision.
33.
Appeal against decision or order of Grievance Redressal
Committee.—(1) Any person who is aggrieved by the decision of the
Grievance Redressal Committee may prefer an appeal in writing to the
Appellate Committee constituted under rule 31 within a period of thirty
days from the date of order of the Grievance Redressal Committee in
Form III either himself or through his representative.
(2)
Any appeal filed after the expiry of the stipulated period
sbecified in sub-rule (l) shall not be entertained by the appellate
committee :
Provided that the appellate authority may condone the delay if it is
satisfied that the appellant was prevented by sufficient cause from preferring
an appeal within the stipulated period.
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(3)
The Appellate Committee, on receipt of the appeal, shall issue
a notice to the parties concerned intimating the date and time of hearing.
The hearing date shall be fixed within thirty days from the date of filing of
an appeal.
(4)
The Appellate Committee, after hearing both parties shall pass
an order in writing, with the reasons for taking the decision, within a period
of thirty days from the date on which hearing of both the parties concluded.
CHAPTER 6
MUSCELLANEOUS
34.
Maintenance of records.— (1) Every Town Vending
Committee shall maintain a register and soft copy which shall contain
registration number assigned to street vendor to whom Certificate of Vending
has been issued, name, address, mobile number, nature of business,
category of street vending, allotment of space, along with such other details
of the street vendors as may be considered necessary.
(2)
In order to ensure safety of register every Town Vending
Committee shall keep the register in the office of the Chairperson of the
Town Vending Committee and remain under his control or an officer duly
authorized by him after order is being passed for issue of Certificate of
Vending.
(3)
The register shall be maintained as a permanent record with the
Town Vending Committee.
(4)
The paper records of the Town Vending Committee shall be
maintained by its secretariat in the place allotted by the Municipality and
the soft copy should also be suitably maintained. All decisions taken by
the Town Vending Committee shall be placed on a designated website.
(5)
The records relating to the allotment of the space to the street
vendors shall be kept for ten years. Other records may be preserved for
a period of five years unless those are needed for any legal proceedings.
(6)
The street or road plan with the existing site of the street
vending shall be a permanent record with the Town Vending Committee.
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(7)
The State Nodal Officer shall maintain the complete records of
vendors in the State.
35.
Summary and publication of the scheme.— (1) A
summary of the scheme notified by the Government under sub-section (1)
of Secion 38 of the Act incorporating brief details of the scheme shall be
prepared by the Municipality in simple words, so that the intended vendors
may not feel any difficulty in understanding the scheme.
(2)
The summary of the scheme as prepared under sub-section (2)
of section 38 of the Act shall be published in at least two local daily
newspapers having wide circulation in the city, at least twice.
(3)
The summary of the scheme shall also be prominently displayed
in the office of the Municipality.
(4)
Every Municipality shall make public the salient features of the
scheme by wall writing, billboards or any other means at appropriate
places in the city area.
36.
Submission of reports and returns.—(1) The Town Vending
Committee shall prepare every year an annual statementof its accounts
within three months after the completion of the financial year and shall
also be uploaded on the designated website and also submit it to the
Municipality.
(2)
Every Town Vending Committee shall furnish from time to time,
the return as required under section 30 along with the details specified in
Form IV to the Government.
37.
Interpretation and removal of difficulty.—If any difficulties
arise in implementing the provisions of these rules or for interpretation of
any rule, the matter shall be referred to the Government and the decision
of the Government thereon shall be final.
38.
Disclosure of information.—(1) The Municipality shall
publish the annual statement of accounts, annual report and any other
material submitted by the Town Vending Committee on its website.
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 25
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(2)
The details, containing name with photograph, address, nature
of vending business, details of license, if issued, of the entire registered
street vendors shall be uploaded by the Municipality on its website.
By order of the Lieutenant Governor.
(Sd.) DHEERAJ GUPTA, IAS,
Principal Secretary to the Government,
Housing and Urban Development Department.
———
26 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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SCHEDULE
(See rule 7)
Manner of election of the members of Town Vending Committiee
from amongst the street vendors :—
(1)
The Municipality shall by a notification express its intention to
conduct elections for the members of a Town Vending
Committee representing the street vendors of the area under
the jurisdiction of the Municipality.
(2)
The Municipality shall appoint a returning officer for the purpose
of conducting the election of members of the Town Vending
Committee representing the street vendors of the area under its
jurisdiction.
(3)
The returning officer appointed under clause 2 shall conduct
the election for the members of the Town Vending Committee
from amongst the street vendors in the manner provided
hereeinafter.
(4)
A mobile vendor, stationary vendor or street vendor shall be
disqualified to be elected as member of the Town Vending
Committee if he is convicted of an offence involving moral
turpitude or he is physically or mentally incapable of discharging
duties as a member of a Town Vending Committee.
(5)
The Municipality shall supervise, direct and control the conduct
of elections of the members of a Town Vending committee
representing the street vendors in the area of its jurisdiction.
(6)
As soon as the notification expressing the intention of the
Municipality to conduct elections for members of a Town
Vending Committee representing the street vendors has been
issued and a returning officer has been appointed for conducting
the election, the Municipality shall by a resolution determine
the date, time and place for conduct of the election.
(7)
The notice of the resolution or decision of the Municipality shall
be circulated among the street vendors engaged in the vocation
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 27
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of street vending in the area of jurisdiction of the Town Vending
Committee, by any of the following modes, namely :—
(a)
By public notice to be published in two prominent daily
newspapers out of which one shall be in the local language
of the area ;
(b)
By local delivery ;
(c)
By post under certificate of posting ;
(d)
By speed post or courier services, duly registered with
competent authority as well as on the notice board of the
returning officer. The notice shall contain information
regarding—
i.
the number of members to be elected including seats
reserved for representation of scheduled tribes,
scheduled castes, other backward classes, women,
persons with disabilities, minorities or any other
specified categories ;
ii.
the date on which, the place at which and the hours
which nomination papers shall be filed, such date being
not less than seven clear days before the date fixed
for election or if that day happens to be public holiday,
the next succeeding day which is not a public
holiday ;
iii. the date and the hour for scrutinization of the nomination
papers ; and
iv. the date, place and the hours of the polling.
(8)
The Municipality shall prepare a list of street vendors engaged
in the vocation of street vending in the area of jurisdiction of the
Town Vending Committee as it stood on thirty days before the
date fixed for inviting the nominations and publish copies of the
said list by affixing them upon the notice board at the office of
the Town Vending Committee, not less than ten days prior to
28 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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the date fixed for inviting nominations. The list shall specify the
registration number, certificate of vending and the name of the
street vendor, the name of the father or husband, as the case
may be, and the address of the street vendor. It shall be the
duty of the Town Vending Committee or the Municipality, as
the case may be, to bring up-to-date register of street vendors
and such other register as the returning officer may require and
hand over such records or register to the returning officer thirty
days prior to the date fixed for the purpose of the election. A
copy of the list shall be supplied by the Town Vending Committe
or the Municipality or returning officer, as the case may be, to
any street vendor on payment of such fee as specified by the
Municipality.
(9)
The nominations of the candidates for election shall be made in
Form-V supplied by the returning officer to any street vedor
free of cost.
(10)
The candidate shall make a security deposit of repees two
thousand in cash or bank draft or pay order along with the
nomination papers. If a candidate fails to get less than one sixth
of the votes polled, the security deposit shall be forfeited to the
Municipality.
(11)
Every nomination paper shall be presented in person by the
candidate himself or by his proposer or seconder to the returning
officer. The returning officer shall enter on the nornination paper
its serial number and certify the date and hour at which the
nomination is received by him and shall immediatey give a written
acknowledgement for the receipt of the nomination paper
which shall bear the seal of the Town Vending Committee or
returning officer. Any nomination paper which is not received
on or before the date and time fixed for its receipt shall be
rejected.
(12) (i) On the day following the date fixed for the rececpt of
nomination papers, the returning officer shall take up the scrutiny
of the nomination papers.
(ii) The returning officer shall examine the nomination papers
and decide objections, which may be made by any person
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 29
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in respect of any nomination and may, either on such
objection or on his own motion and after such summary
inquiry, if any, as the returning officer thinks necessary,
reject any nomination :
Provided that the nomination of a candidate shall not be
rejected merely on the ground of an incorrect description
of his name or the name of his proposer or seconder, or
any other particulars relating to the candidate or his
proposer or seconder, as entered in the list of street vendors
referred to in clause 8 if the identity of the candidate the
proposer or seconder, as the case may be, is established
beyond reasonable doubt.
(iii) The returning officer shall give all reasonable facilities to
the contesting candidates or the proposer or seconder as
the case may be, to examine all the nomination paper and
to satisfy themselves that the inclusion of the name of the
contesting candidate is valid.
(iv) The returning officer shall endorse on each nomination paper
his decision accepting or rejecting the same and if the
nomination paper is rejected, he shall record in writing a
brief statement of his reasons for such rejection.
(v) The returning officer shall not allow any adjournment of
the proceedings except when such proceedings are
interrupted or obstructed by riots or affray or by causes
beyond his control.
(13) The list of valid nominations as decided by the retuning officer
with names in English alphabetical order and addresses of the
candidates as given in the nomination papers shall be displayed
or published on the same day on which the scrutiny of the
nomination papers is completed.
(14) Any candidate may withdraw his candidature by notice it writing
signed by him and submitted in person, at any time after the
presentation of his nomination paper but before 05.00 p. m. on
the day following the day on which the valid nominations are
published, to the returning officer of the Town Vending
Committee. A notice of withdrawal of candidature once given
shall be irrevocable.
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(15) Where the number of candidates whose nomination papers have
been declared valid, does not exceed, the number of candidates
to be elected, the returning officer shall announce the names of
all such candidates and declare them to have been duly elected
to the Town Vending Committee after the closing hour of the
day of withdrawal of candidatures fixed under clause 14 above.
Where the number of candidate whose nominations are valid
exeeds the number to be elected, the returning officer shall
arrange for conducting a poll soon the date fixed for the purpse.
The returning officer may appoint one or more polling officers
as may be necessary for conducting the poll. The ballot paper
to be used for the election shall be as prescribed in Form-VI.
(16) The Municipality shall provide the returning officer with ballot
boxes, ballot papers, copy of list of street vendors or voters
and such other articles as may be necessary for the conduct of
elections. The ballot box shall be designed in such a way that
ballot papers can be inserted therein but cannot be taken out
there from without the boxes being unlocked. A candidate
contesting the election may, by a letter to the returning officer,
appoint an agent to represent him for both the places where
polling is held to identify the voters and to watch the recording
of votes. Such letter shall contain the consent in writing of he
agent concerned in Form-VII.
(17) The canvassing for votes by any person at the place where
election is to be conducted shall be prohibited.
(18) Immediately before the commencement of the poll, the returning
officer shall show the empty ballot box to such persons as may
be present at the time and shall then lock it up and fix his own
seal. The candidate or his agent may also affix his own seal, if
he so desires.
(19) Every street vendor or voter who desires to exercise his right
to vote shall be supplied with a ballot paper containing the
names of contesting candidates arranged in the English
Alphabetical order either printed, type written or cyclostyled,
according to convenience, on the ballot paper. The ballot paper
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shall also bear the seal of the Town Vending Committee and
also the initials of the returning officer, and further contain a
column, for the voter to inscribe a mark [x] against the names
of persons to whom he wants to vote.
(20) Each polling station and where there is more than one polling
booth at a station, each such booth shall contain a separate
compartment in which the street vendor or voters can record
their votes in secrecy.
(21) No ballot paper shall be issued to a street vendor or voter
unless the polling officer is satisfied that the street vendor or
voter concerned is the same person as noted in the list
furnished to him. On receipt of such ballot paper the street
vendor or voter shall proceed to the polling compartment set
apart for the purpose and indicate the person or persons in
whose favour he exercises his vote by inscribing a mark (x)
against the names of the candidate or candidates, as the case
may be, and drop the ballot paper in the ballot box kept for
the purpose with utmost secrecy. If owing to blindness or other
physical informity or illiteracy, the street vendor or voter is
unable to inscribe the mark on the ballot paper, the polling officer
and where no such polling officer is appointed, the returning
officer shall ascertain from him the candidate or candidates in
whose favour he desire to vote, inscribe the mark (x) on his
behalf and drop the ballot paper in the ballot box.
(22) If at any stage of the polling, the proceedings are interrupted or
obstructed by any riot or affray or if at such elections, it is not
possible to take the poll for any sufficient cause, the returning
officer may stop the polling, recording his reasons for such action
in the minute book of the Town Vending Committee.
(23) No street vendor or voter shall be admitted after the hours
fixed for the poll but a voter who enters the premises where
ballot papers are being issued before the close of the polling
hour shall be issued the ballot paper and allowed him to vote.
(24) The counting of votes shall take place immediately after closure
of the poll. If this is not possible, the ballot box shall be sealed
32 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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with the seal of the returning officer and the contesting candidates
or their agents, if they so desire, and deposit such ballot box,
with the Municipality for custody. The returning officer shall
then announce the next day of counting. The votes shall be
counted by or under the supervision of the returning officer.
Each candidate and his authorized agent shall have a right to be
presernt at the time of counting. But absence of any candidate
or his agent at the time of counting shall not vitiate the counting
and the announcement of results by the returning officer. The
number of votes secured by each candidate and the result of
the election shall be announced by the returning officer as soon
as the counting is over.
(25) The result of the elections shall also be recorded in the minute
book of the Town Vending Committee and attested by the
returning officer and shall also be notified immediately on the
notice board of the Town Vending Committee.
(26) In case of equal number of votes, the returning officer shall
declare the election result by tossing coin.
(27) The ballot paper shall be rejected by the returning officer If,—
i.
It bears any mark by which the street vendor's vote can
be identified ;
ii.
It does not bear the seal of the Town Vending Committee
or the initials of the returning officer ;
iii.
The mark indicating the vote thereon is placed in such a
manner as to make it doubtful to which candidate the vote
has been cast ; and
iv.
Is so damaged or mutilated that its identity as a genuine
ballot paper cannot be established.
(28)
After the result of election has been announced, the result of the
election and a report thereon shall be communicate to the
Municipality as well as to the State Government by the returning
officer, within three days from the date of declaration of the result.
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(29)
After the declaration of the result of the election, the returning
officer shall handover the ballot paper and records relating to
the elections of the members of the Town Vending Committee to
the Municipality in a sealed cover. These shall safely be preserved
by the Municipality for a period of six months from the date of
elections or till such time a dispute regarding election, if any, filed
is disposed of, whichever is later and shall thereafter be destroyed
by the Municipality. A copy of the handing over and taking over
record of election shall be sent to the Government as well as to
the Municipality by the returning officer along with his report.
————
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FORM I
(See Rule 29)
APPLCATION TO THE GRIEVANCE REDRESSAL
COMMTTEE FOR THE REDRESSAL OF GRIEVANCE OR
RESOLUTION OF DISPUTE OF STREET VENDORS
1.
Name and address of the applicant :
2.
Registration number/case number/ID number :
3.
Place of vending—
(give full details of location, zone ward, etc.)
4.
Nature of vending (Tick the appropriate)—
(a)
stationary :
(b)
mobile
(c)
any other category
(if other, please specify the category)
5.
Date of issue of certificate of vending
(attach a copy of certificate of vending, if issued) :
6.
Grievance against which authority :
7.
Grounds of redressal of grievance or resolution
dispute (give full details and attach more pages, if
required) :
8.
Documents supporting grievance or dispute :
DECLARATION
I, ....................., the applicant, do hereby solemnly declare that
what is stated above is true to the best of my information and belief.
Place :
Date :
Signature of applicant.. ................
Note :—Attach all the relevant documents along with the application. If
required, to give full details of grievance or dispute on the separate
pages to be attached with this application.
———
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FORM II
(See Rule 32)
APPEAL TO THE MUNICIPALITY AGAINST THE
DECISION OF THE TOWN VENDING COMMITTEE
Appeal No.......................of 20............
.................. Appellant
Vs
............................Respondent
1.
Name and address of the applicant :
2.
Registration number/case number/ID number
:
3.
Place of vending—
(give full details of location, zone ward, etc.)
:
4.
Nature of vending (Tick the appropriate)—
stationary
:
mobile
:
any other category
:
(if other, please specify the category)
5.
Date of issue of certificate of vending
:
(attach a copy of certificate of vending, if issued)
6.
Nature of the order appealed against
:
(Tick the appropriate)—
a.
Rejection of certificate of vending ;
:
b.
Cancellation of certificate of vending ; or :
c.
Suspension of certificate of vending
:
7.
Ground of appeal
(give full details and attach more pages if required)
8.
Documents supporting Appeal :
36 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
DECLARATION
I, ............................., the appellant, do hereby solemnly declare that what
is stated above is true to the best of my information and belief.
Place :
Date :
Signature of appellant.. .................
Note :—Attach all the relevant documents including order of Town Vending
Committee with this appeal.
If required, to give full reasoning of appeal on the separate pages
to be attached with this appeal.
————
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 37
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
FORM III
(See Rule 33)
APPEAL TO THE MUNICIPALITY AGAINST THE
DECISION OF THE GRIEVANCE REDRESSAL COMMTTEE
Appeal No. ...................... of 20 ...................
.................. Appellant
V/s
...................... Respondent
1.
Name and address of the applicant :
2.
Registration number/case number/ID :
3.
Place of vending—
(give full details of location zone or) :
4.
Nature of vending (Tick the appropriate)—
(a) stationary
(b) mobile
(c) any other category
(if other, please specify the category)
5.
Decision of the Committee :
(attach the copy of the decision of the Grievance
Redressal Committee, giving—
(a)
the number of decisions ; and
(b)
the date of the decisions)
6.
Grounds of appeal (give full details and attach
more pages, if required)
:
7.
Documents supporting Appeal
:
38 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
DECLARATION
I,........................., the applicant, do hereby solemnly declare that what is
stated above is true to the best of my information and belief and file this
application within the time limit prescribed in the rules.
Place :
Date:
Signature of appellant.......................
Note :—Attach all the relevant documents including order of Grievance
Redressal Committee with this appeal.
If required, to give full reasoning of appeal on the separate pages
to be attached with this appeal.
————
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 39
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
FORM IV
[See rule 36]
DETAILS IN THE PERIODICAL RETURNS TO BE
FURNISHED TO THE GOVERNMENT
[Name of the Municipality] hereby submit the following details in the
periodical return for quarter ending [March or June or September or
December], 20—.
1.
Details of certificates issued, rejected , suspended and cancelled
during the quarter.
Details
Applications Accepted Rejected Renewed Suspended Cancelled
or Issued
Pending
at the
beginning
of the
quarter
Newly
received
Total
Cleared
during
the quarter
Pending at
the end of
the quarter
2.
Number of newly surveyed street vendors and their complete
details including name of street vendor, address, place of vending, type of
vending, etc.
3. Number of meetings of the Town Vending Committee held.
4. Details of newly vending area earmarked, if any, with its holding
capacity.
5. Details of social audit done, if any.
6. Details of promotional measures taken for availability of credit,
insurance, and other welfare schemes of social security for street vendors.
7. Any other information, as directed by the Government from time
to time.
————
40 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
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FORM V
[See rule7] (Clause 9 of Schedule)
NOMINATION FORM FOR ELECTION OF MEMBERS OF
TOWN VENDING COMMITTEE
To,
The Returning Officer,
............................................
Town Vending Committee
........................................................
Sir,
I, ............................wife/son/daughter of Shri...................,street
vendor vending in the area of jurisdiction of the Town Vending Committee
(Registration/Certificate of Vending No ......................) hereby propose
the name of Shri/Smt/Ms...................... wife/son/daughter of
Shri...................... and a street vendor of the said Town Vending Committee
(Registration/Certificate of Vending No..................... ) as a
candidate for the post of Member of the said committee for the election
to be held on ...............
Name and Signature of the proposer..........................
Registration/Certificate of Vending No.....................................
I, ....................................wife/son/daughter of Shri......................
Registration/Certificate of Vending No............................. of ...............
Town Vending Committee, hereby sceond the above proposal.
Name and Signature of the Seconder............................................
Registration/Certificate of Vending No ........................................
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 41
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
DECLARATION BY THE CANDIDATE
I,...............................................wife/son/daughter of
Shri......................................., Registration/Certificate of Vending
No.......................................... of....................................... Town Vending
Committee, hereby I agrees to my nomination for the election as
Member of the Town Vending Committee.
I further declare that—
i.
I am not an employee of the said Town Vending
Committee ;
ii.
I am eligible to vote ; and
iii.
I do not incur any disqualification for election as Member
of the said Town Vending Committee under the provisions
of the Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014 (Central Act 7
of 2014) and the Street Vendors (Protection of Livelihood
and Regulation of Street Vending) Rules, 2020 made
thereunder
Name and Signature of the Candidate......................................
Registration/Certificate of Vending No........................................
(FOR OFFICE USE ONLY)
Received the nomination format.............................(time and date)
Signature of the Returning Officer............................................
Seal
ACKNOWLEDGEMENT
Received the nomination form of...............................presented by
Shri/Smt/Ms.......................................... candidate/proposer/seconder for
election at....................................... a. m./p. m. on ..............................
Signature of the Returning Officer ..............................
Seal
————
42 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-b
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
FORM VI
[See rule 7) (Clause 15 of Schedule)
BALLOT PAPER FOR ELECTION OF MEMBER
OF A TOWN VENDING COMMITTEE
Ballot paper of election of Members of a Town Vending Committee
whose elections are to be conducted under Schedule I appended to the
.... ..... .....Street Vendors (Protection of Livelihood and Regulation of
Street Vending) Rules, 2020.
The.....................................Street Vending Committee
......................................................................................
.................................................... (Address)
(Counterfoil)
Ballot paper for the Post of..................................................
Date of Election...................................................................
Sr. No............................................... Registration/Certificate of
Vending No..........................................................Ballot Paper.
Please mark [x] against one of the candidates
Sr. Name of the
Registration/Certificate
Mark for casting
No. candidate
of Vending No.
vote
————
No. 44-b] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 43
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
FORM VII
[See rule 7] (Clause 16 of Schedule]
Letter for Appointment of Election Agent/Counting Agent
I, .........................................., son/wife/daughter of Shri
............................................, street vendor vending in the area of
jurisdiction of the Town Vending Committee (Registration/Certificate of
Vending No.............................) contesting for election of Member of
the said committee, hereby nominate the following person as my election
agent/counting agent in the election of Members of the said Town Vending
Committee to be held on ....................... (Specify the date) :—
Name and Signature of the Candidate.......................................
Registration/Certificate of Vending No.....................................
I, ..................................................son/wife/daughter of Shri
........................................... address.............am willing to be the election
agent/counting agent.
Signature of the Agent.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Mon., the 8th Feb., 2021/19th Magha, 1942 [No. 45-f
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Law, Regulations and Rules passed thereunder.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 8th February, 2021.
SO-41.—In exercise of the powers conferred under clause (f) of
Rule 2 read with clause (4) of Rule 5 of the Jammu and Kashmir Prosecution
Service Recruitment Rules, 2020, the Government hereby makes the
following rules for the conduct of Competitive Examination for selection of
EXTRAORDINARY REGD. NO. JK–33
2 The J&K Official Gazette, 8th Feb., 2021/19th Magha, 1942. [No. 45-f
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Prosecuting Officers by the Jammu and Kashmir Public Service Commission,
namely :—
1. Short title and commencement.—(1) These rules may be called
the Jammu and Kashmir Competitive Examination (Prosecution) Ru1es,
2021.
(2) These rules shall apply to the conduct of Competitive Examination
by the Jammu & Kashmir Public Service Commission for direct recruitment
against the posts of Prosecuting Officer in the Jammu and Kashmir
Prosecution Service and shall come into force from the date these are
published in the Government Gazette.
2.
Conduct of Examination.—(l) The examination shall be
conducted by the Commission in accordance with the provisions of the
Jammmu and Kashmir Public Service Commission (Conduct of
Examination) Rules, 2005, as amended from time to time.
(2) The dates on which and the places at which the Preliminary and
Main Examination will be held shall be fixed by the Commission.
3.
Duration of Examination.—The examination shall be held at
such intervals as the Government may in consultation with the Commission
from time to time determine, but at least once in a calendar year unless
there are good and sufficient reasons for not doing so.
4.
Number of vacancies to be filled up.—The number of
vacancies to be filled on the basis of result of the examination will be specified
in the notice issued by the Commission. Reservation will be made for
candidates belonging to the various categories as per the applicable rules.
5.
Conditions of Eligibility.—(l) In order to be eligible to compete
in the examination, a candidate must satisfy the following conditions,
namely :—
(i) that he is a domicile of UT of J&K.
(ii) that he has attained the age of 21 years but not attained the age
of 40 years as on 1st January of the year in which notification
inviting applications is issued by the Commission :
No. 45-f] The J&K Official Gazette, 8th Feb., 2021/19th Magha, 1942.
3
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Provided that the upper age limit shall be 43 years in case of
the candidates belonging to various reserved categories, as defined
in the Reservations Rules applicable at the relevant point
in time :
Provided that the upper age limit for persons with bench mark
disability shall be 42 years.
Notwithstanding anything contained in clause (ii) above, the
Government may for good and sufficient reasons, to be recorded
in writing, by a general or special order prescribe any other age
limit for open category and reserved category candidates for the
examination.
(iii) that he holds a Bachelor of Laws of a University established by
Law in India :
Provided that the candidates who have appeared fully in the
final examination of the Bachelor of Laws on or before the last
date for receipt of application forms for Preliminary Examination
from any such University the passing of which would render
them eligible to appear in the examination, but the results of their
examination has not been declared, or they have not been
informed of the result, will also be eligible for admission and shall
be allowed to appear in the Preliminary Examination. All such
candidates who are declared qualified by the Commission for
taking the Main Examination shall have to produce proof of
passing such examination with their applications for the Main
Examination failing which such candidates shall not be admitted
to the Main Examination :
Provided further that the candidate(s) already holding a civil post
in the UT of J&K shall submit their application through Head of
Office with an advance copy of the application directly to
Commission and in case the Commission receives an intimation
withholding permission from the employer in respect of a
candidate who has applied for, or is appearing in the
competitive examination, his/her application shall be rejected and
candidature cancelled. Such a candidate may, however
be
allowed to appear in the examination as fresh candidate subject
to the condition that the said candidate is otherwise eligible under
rules.
(2)
Candidate must pay the fees as shall be prescribed in the notice
issued by the Commission.
4 The J&K Official Gazette, 8th Feb., 2021/19th Magha, 1942. [No. 45-f
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(3)
The decision of the Commission as to the eligibility or otherwise
of a candidate for admission to the examination shall be final. The candidates
applying for the examination should ensure that they fulfill all the eligibility
conditions for admission to the examination. Their admission at all the stages
of examination for which they are admitted by the Commission viz.
Preliminary Examination, Main Examination and Personality Test (Interview)
will be purely provisional, subject to their satisfying the prescribed eligibility
conditions. If on verification at any time before or after the Preliminary
Examination, Main Examination and Personality Test (Interview), it is found
that they do not fulfill any of the eligibility conditions, their candidature for
the examination will be cancelled by the Commission.
(4)
No candidate will be admitted to the Preliminary/Main
Examination or Personality Test (Interview) unless he holds a certificate of
admission for the Examination.
6. Documents to be furnished by the candidates for the
Preliminary Examination.—The Commission may require a candidate to
submit any certificate relating to his/her age, educational qualification,
certificate of belonging to reserved category and holding of a civil post in
the UT of Jammu & Kashmir, at the time of filling his/her application
(OM ) form for the Preliminary Examination. However, the detailed
verification of these documents may not be carried out at this stage. The
admission to the Preliminary Examination shall be purely provisional and if
on verification at any stage, it is found that the candidate has claimed eligibility
for such examination by misrepresentation, concealment of any material
fact(s) or impersonation or fraud, his or her candidature shall be cancelled
an he/she will be liable to prosecution/disciplinary action by the Commission.
7. Securing candidature by illegal means.— A candidate who is
or has been declared by the Commission to be guilty of :
(i) obtaining support for his candidature by the following means,
namely :—
(a)
offering illegal gratification to ; or
(b)
applying pressure on ; or
No. 45-f] The J&K Official Gazette, 8th Feb., 2021/19th Magha, 1942.
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(c)
blackmailing, or threatening to blackmail any person
connected with the conduct of the examination ;
(ii) impersonation; or
(iii) procuring impersonation by any person; or
(iv) submitting fabricated documents or documents which have been
tampered with; or
(v) making statements which are incorrect or false or suppressing
material information; or
(vi) resorting to the following means in connection with his
candidature for the examination, namely :—
(a)
obtaining copy of question paper through improper means ;
(b)
finding out the particulars of the persons connected with
secret work relating to the examination;
(c)
influencing the examiners; or
(vii) using unfair means during the examination ; or
(viii ) writing obscene matter or drawing obscene sketches in the
scripts ; or
(ix) misbehaving in the examination hall including tearing of the scripts,
provoking fellow examinees to boycott examination, creating a
disorderly scene and the like ; or
(x) harassing or doing bodily harm to the staff employed by the
Commission for the conduct of the examination ; or
(xi) being in possession of or using any mobile phone, any electronic
equipment or device or any other equipment capable of being
used as a communication device during the examination ;
(xii) violating any of the instructions issued to candidates along with
their admission certificates permitting them to take the
examination ; or
6 The J&K Official Gazette, 8th Feb., 2021/19th Magha, 1942. [No. 45-f
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(xiii) attempting to commit or, as the case may be, abetting the
commission of all or any of the acts specified in the foregoing
clauses ;
may, in addition to rendering himself liable to criminal prosecution, be
liable—
(a)
to be disqualified by the Commission from the examination for
which he is a candidate; and/or
(b)
to be debarred either permanently or for a specified period :—
(i)
by the Commission, from any examination or selection held
by them ;
(ii)
by the Government of UT of J&K from any employment
under them ; and
(c)
if he is already in service under Government to disciplinary action
under the appropriate rules :
Provided that no penalty under this rule shall be imposed
except after :—
(i)
giving the candidate an opportunity of making such
representation in writing as he may wish to make in that
behalf; and
(ii)
taking the representation, if any, submitted by the candidate
within the period allowed to him into consideration.
8.
Reservation.— Candidates claiming reservation/relaxation
benefits available to them under the applicable Reservation Rules must ensure
that they are entitled to such reservation/relaxation as per eligibility prescribed
in the rules. They should also be in possession of all the requisite certificates
in the prescribed format in support of their claim as stipulated in the rules
for such benefits, and these certificates should be dated earlier than the due
date ( closing date) of the application of Preliminary Examination.
No. 45-f] The J&K Official Gazette, 8th Feb., 2021/19th Magha, 1942.
7
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9. Documents to be furnished by the candidates for the Main
Examination.— Besides furnishing the documents that may be required
by the Commission, the applications for the Main Examination shall be
accompanied by attested copies of the following certificates :—
(a)
Domicile Certificate ;
(b)
Bachelor of Laws ;
(c)
Age and Character Certificate ;
(d)
Category Certificate, in case of candidates belonging to any
reserved category.
Note :—(i) No certificate except the Matriculation Certificate or
any equivalent certificate thereto on the date of the
submission of the application shall be admitted as proof of
age and no subsequent request for change in date of birth
will be considered or granted.
(ii)
Character Certificate shall mean a certificate issued
by the Head of the Educational Institute or by the University
last attended by the candidate or by any gazetted officer
of the UT of Jammu & Kashmir. In case of a candidate
already in Government service, the Character Certificate
shall mean a certificate issued by his Controlling Officer.
(iii)
A candidate will be eligible to get the benefit of reservation
under a particular reserved category indicated by him in his/
her application form for Preliminary Examination. If a
candidate indicates in his/her application form for
Preliminary Examination that he/she belongs to General
Category but subsequently writes to the Commission to
change his/her category to a reserved one, such request
shall not be entertained by the Commission. Similar principle
will also be followed for the persons with bench mark disability.
Explanation :—While the above principle will be followed in general, there
may be a few cases where there was a little gap (say 2-3
months) between the issuance of a Government Notification
8 The J&K Official Gazette, 8th Feb., 2021/19th Magha, 1942. [No. 45-f
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enlisting a particular community/area in the list of any of
the reserved categories and the date of submission of the
application by the candidate. In such cases, the request of
change of category from general to reserved may be
considered by the Commission on merit. In case a candidate
suffers bench mark disability during the course of the
examination, the candidate should produce valid documents
to enable the Commission to take a decision in the matter
on merit :
Provided that the application forms submitted either
Preliminary or Main Examination, incomplete in any manner,
shall be rejected without notice to the candidate(s).
However, the Commission shall notify the list of such
candidates whose candidature is rejected on account of
incomplete forms.
10.
Scheme of Examination.— The competitive examination shall
comprise of three successive stages :
(i)
Preliminary Examination (Objective Type) for shortlisting
of the candidates for Main Examination ;
(ii)
Main Examination (Descriptive type) for shortlisting of
the candidates for Personality test (Interview) ; and
(iii)
Personality Test (Interview).
11.
Preliminary Examination.—(1) The Preliminary Examinatonn
will consist of two papers of objective type (multiple choice) questions and
carry a maximum of 400 marks as set out in part A of Appendix-I as per the
detailed syllabus in Appendix-II (Part-A) :
Provided that the Government, in consultation with the Commission,
may revise or update the syllabi for the examination from time to time.
(2) This examination is meant to serve as a screening test only. The
marks obtained in the Preliminary Examination shall count only for short
listing of the candidates for the Main Examination.
(3) Candidates will be required to obtain such minimum qualifying
marks in Paper-I of Preliminary Examination as may be fixed by the
Commission at their discretion and a minimum of 33% marks in Paper-II of
No. 45-f] The J&K Official Gazette, 8th Feb., 2021/19th Magha, 1942.
9
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Preliminary Examination. However, the marks obtained in paper II, being of
qualifying nature, will not be counted for drawing the merit list for admission
to Main Examination :
Provided that only those candidates who are declared by the
Commission to have qualified in the Preliminary Examination will be eligible
for admission to the Main Examination of that year provided they are
otherwise eligible for admission to the Main Examination.
(4) There will be negative marking for incorrect answers for all
questions as detailed below : —
(i)
There are four alternatives for the answers to every
question. For each question for which a wrong answer has
been given by the candidate, one-fourth (0.25) of the marks
assigned to that question will be deducted as penalty.
(ii)
If a candidate gives more than one answer, it will be treated
as a wrong answer even if one of the given answer happens
to be correct and there will be same penalty as above for
that question.
(iii)
If a question is left blank i.e. no answer is given by the
candidate, there will be no penalty for that question.
(5) The number of candidates to be admitted to the Main Examination
shall be, as far as practicable, 1/3rd of the total number of candidates who
appeared in the Preliminary Examination or twenty five times the total number
of vacancies, whichever be less.
12. Main Examination and Personality Test.—(1) The Main
Examination will consist of seven (7) papers and English paper of
conventional essay type in the papers set out in part B of Appendix-I as per
the detailed syllabus in Appendix-II (Paper B). The English paper will be of
qualifying nature.
(2) Candidates who obtain such minimum qualifying marks in the Main
Examination as may be fixed by the Commission at their discretion in any or
all the papers (Paper I to Paper VII) shall be summoned for a Personality
Test (Interview), vide Part C of Appendix-I.
(3) A candidate who fails to secure such minimum number of marks
as are fixed by the Commission in their discretion in one or more than one
shall, however, not be eligible to be called for Personality Test (Interview).
10 The J&K Official Gazette, 8th Feb., 2021/19th Magha, 1942. [No. 45-f
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(4) The candidates shall be shortlisted for Personality Test (Interview)
on the basis of overall merit obtained by them in the Main Examination
irrespective of the category(ies) to which he/she/they belong :
Provided that if the number of candidates belonging to any reserved
category, who qualify for the Personality Test (Interview) on the basis of
the above shortlisting criteria, falls short of upto three times the number of
vacancies reserved for such a category, the Commission shall call the
candidates belonging to such category over and above the number short
listed for Personality Test (Interview).
(5) The number of candidates to be summoned for the Personality
Test (Interview) will not be more than thrice the number of vacancies to be
filled. The Personality Test (Interview) will carry 200 marks (with no
minimum qualifying marks). Failure to appear in the Personality Test
(Interview) shall render a candidate ineligible for being recommended for
appointment notwithstanding the marks obtained by him in th Main
Examination.
13.
Merit List.—(1) Aggregate marks obtained by the candidates
in the Main Examination and the Personality Test (Interview) would determine
the final order of merit. The eligibility for availing reservation against the
vacancies reserved for the bench mark disabilities shall be the same as
prescribed in “The Rights of Persons with Disabilities Act, 2016” or such
other Government Order/Circular instructions, as applicable at the relevant
point of time.
(2) The form and manner of communication of the results examination
to the individual candidates shall be decided by the Commission.
14.
Medical fitness.— A candidate must be in good mental and
bodily health and free from any physical defect likely to interfere discharge
of his duties as an officer of the service. A candidate who after a medical
examination is found not to satisfy these requirements wil not be
recommended by the Commission for appointment. The medical examination
shall be conducted by the Commission before forwarding the select list to
the Government in accordance with the rules :
Provided that the Medical Board shall intimate the nature and degree
of bench mark disability of the candidate in terms of “The Rights of Persons
No. 45-f] The J&K Official Gazette, 8th Feb., 2021/19th Magha, 1942.
11
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with Disabilities Act, 2016” and rules made thereunder as amended from
time to time with specific recommendation, if any, in respect of each of
such candidate(s) for appointment as Prosecuting officer :
Provided further that Government may constitute a Special Medical
Board with experts in the area for conducting the medical examination of
the candidates with bench mark disability.
Explanation :—Instructions to appear before Medical Board shall not be
deemed to mean that a candidate for direct recruitment if
found fit is necessarily given an appointment. The medical
Examination will be conducted by a Medical Board to be
arranged by the Commission.
15.
Determination of order of merit in the event of a tie.—In
the event of a tie, the order of merit shall be determined in accordance with
the highest marks secured in the Personality Test (Interview). Should the
marks in the Personality Test (Interview) of the candidates be also equal,
the order of merit shall be decided in accordance with the highest marks
obtained by
such candidates in Paper-III of the Main Examination.
However, if the marks obtained in Paper-III be also equal, then the order of
merit shall be determined in descending order of the date of birth of the
candidates.
16.
Record of satisfaction by the Government.—Success in the
competitive examination confers no right to appointment unless Government
is satisfied after such enquiry as may be considered necessary that the
candidate is suitable in all respects for appointment to the service.
17.
Words and expressions.—The words and expressions used
in these rules shall have the same meaning as defined in rule 2 of the J&K
Prosecution Service Recruitment Rules, 2020.
By order of the Government of Jammu and Kashmir.
(Sd.) RASHID RAINA, KAS,
Under Secretary to the Government.
12 The J&K Official Gazette, 8th Feb., 2021/19th Magha, 1942. [No. 45-f
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APPENDIX-I
SCHEME OF EXAMINATION
PART-A
Preliminary Examination
The Examination shall consist of two papers of 200 marks each.
NOTE :
(i)
The question papers will be set in English.
(ii)
Each paper will be of two hours duration, consisting of 100
Objective type (Multiple choice) questions.
(iii)
The course content of the syllabus of Paper I will be of
degree level.
(iv) Paper II of the examination will be a qualifying paper with
minimum qualifying marks fixed at 33%.
(v)
The details of the syllabi are set out in Appendix-II (Part A).
(vi) It is mandatory for the candidate to appear in both the
papers for the purpose of evaluation. Therefore, a candidate
will be disqualified in case he/she does not appear in both
the papers of Preliminary Examination.
No. 45-f] The J&K Official Gazette, 8th Feb., 2021/19th Magha, 1942.
13
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PART-B
Main Examination
The examination will consist of the following papers :
Qualifying Paper:
English
300 Marks
Papers to be counted for merit :
Paper-I
Legal drafting and Pleading
250 Marks
Paper-II
Constitutional Law
250 Marks
Paper-III
Code of Criminal Procedure, 1973
250 Marks
Paper-IV
Indian Penal Code, 1860
250 Marks
Paper-V
Indian Evidence Act, 1872
250 Marks
Paper-VI
Special Laws I
250 Marks
Paper-VII
Special Laws II
250 Marks
Total of Main Examination
1750 Marks
Note :
(i)
The question papers will be set in English and shall be of
conventional (Essay) type covering the entire syllabus. The
details of the syallabi are set out in Appendix-II (Part B).
(ii)
The paper on English will be of Matriculation or equivalent
standard and will be of qualifying nature. The marks
obtained in this paper will not be counted for ranking.
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(iii)
Each paper will be of three hours duration.
(iv) Papers I to VII shall consist of 2 sections, each section
containing 4 questions, with such part questions as the
Commission may decide, carrying 50 marks each. The
candidates will be asked to attempt 5 questions, with atleast
2 questions from each section.
(v)
Evaluation of papers of all the candidates will be done
simultaneously along with evaluation of their qualifying paper
on English, but the papers I-VII of only such candidates will
be taken cognizance of who obtain 33% marks in ‘English’
as minimum qualifying standard in this qualifying paper.
(vi) Marks obtained by the candidates for the Paper I-VI only
will be counted for merit ranking. However, Commission
will have the discretion to fix qualifying marks in any or all
of these papers.
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PART-C
Personality Test (Interview)
The Personality Test (Interview) will carry 200 marks (with no
minimum qualifying marks). The candidate will be interviewed by a panel of
Members of the Commission who will have before them a record of his/her
career. He/She will be asked questions on matters of general interest and
legal aptitude. The object of the interview is to assess the suitability of the
candidate for a career in public service. The Interview for Personality Test
is intended to judge the mental caliber of a candidate. In broad terms, this is
really an assessment of not only his intellectual qualities but also social traits
and his interest in current affairs as well as applications of legal principles.
Some of the qualities to be judged are mental alertness, critical powers of
assimilation, clear and logical exposition, balance of judgment, variety and
depth of interest, intellectual and moral integrity.
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INSTRUCTIONS FOR THE CANDIDATES WITH BECH MARK
DISABILITY.
1. Compensatory time of twenty minutes per hour shall be permitted
for the Blind candidates and candidates with Locomotor Disability
and Cerebral Palsy where dominant (writing) extremity is
affected to the extent of slowing the performance or function
(minimurn of 40% impairment) in both the Preliminary as well as
in th Main Examination.
2. Blind candidates and the candidates with Locomotor Disabilty
and Cerebral Palsy where dominant (writing) extremity is affected
to the extent of slowing the performance or function (minimum
of 40% impairment) will be allowed to write the examination
with the help of a scribe in both the Preliminary Examination as
well as in the Main Examination.
3. The eligibility conditions of a scribe, his/her conduct inside the
examination hall and the manner in which and extent to which
he/she can help the blind candidate in writing the Competitive
examination shall be governed by the instructions issued by the
Public Service Commission in this regard. Violation of all or any
of the said instructions shall entail the cancellation of the
candidture of blind candidate in addition to any other action that
the Public service Commission may take against the scribe.
4. For the purpose of these rules, the candidate shall be deemed to
be a blind candidate if the percentage of visual impairment is
Fourty per cent (40%) or more. The criteria for determining the
percentage of visual impairment shall be as follows :—
All with corrections
Better eye
Worse eye
Percentage
1
2
3
4
Category O
6/9-6/18
6/24 to 6/36
20 %
Category I
6/18-6/36
6/60 to Nil
40 %
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1
2
3
4
6/60-5/60
Category II
Or field of vision
3/60 to Nil
75%
10-20
Category III
3/60-1/60
F.C at. l ft to
100%
Nil
Category IV
F.C at 1 ft to Nil
F.C at 1 ft to
100%
field of vision
Nil
100%
Field of
vision 100%
One eyed
6/6
F.C at 1 ft to
30%
Person
Nil
5. For availing of the concession admissible to a blind candidate,
the candidate concerned shall produce a certificate in the
prescribed proforma from a Medical Board constituted by the
Government, along with their application for the Main
Examination.
6. The concession admissible to blind candidates shall not be
admissible to those suffering from Myopia.
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APPENDIX-II
Syllabi for the Examination
PART-A
Preliminary Examination
Paper-I (200 marks)
Duration : Two Hours
1. Constitution of India.
2. J&K, Reorganization Act, 2019 and the Removal of difficulties
Order/Adaptation orders issued thereunder.
3. Recent developments in Law.
4. Indian Penal Code, 1860.
5. Code of Criminal Procedure, 1973.
6. Code of Civil Procedure.
7. Indian Evidence Act, 1872.
8. Limitation Act, 1963.
9. Unlawful Activities (Prevention) Act, 1967.
10. NDPS Act, 1985.
11. Prevention of Corruption Act, 1988.
12. Information Technology Act, 2000.
13. Transfer of Property Act.
14. The Protection of Children from Sexual Offences Act, 2012.
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Paper-II (200 marks)
Duration : Two Hours
1. General Knowledge.
2. Current affairs.
3. Legal Aptitude/Reasoning.
4. Decision making and problem solving.
5. Comprehension.
6. Interpersonal skills including Communication skills.
7. Logical Reasoning and Analytical Ability.
8. Mental ability
9. Basic numeracy (numbers and their relations, orders of magnitude
etc.— Class X level), Data interpretation (charts, graphs, tables,
data sufficiency etc.— Class X level).
PART-B
Main Examination
The syllabi of the papers included in the scheme of Main Examination
is given as follows :—
Qualifying Paper on English
300
The aim of the paper is to test the candidate’s ability to read and
understand serious discursive prose, and to express his ideas clearly and
correctly.
The pattern of the questions would be broadly as follows :—
(i) Comprehension of given passages ;
(ii) Precise Writing ;
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(iii) Usage and Vocabulary;
(iv) Short Essays.
(The paper will be of Matriculation or equivalent standard and will be
of qualifying nature only. The marks obtained in this paper will not be
counted for final ranking).
Papers to be counted for merit :
PAPER-I
(Legal drafting and Pleading)
Marks: 250
Duration: Three Hours
1. Principles of Pleading.
2. Drafting of Pleading.
3. Preparation of Appeals/Revision proposal, on given facts.
4. Framing of charges.
5. Framing of issues.
6. Essay on recent developments in criminal law.
PAPER-II
(Constitutional Law)
Marks: 250
Duration: Three Hours
1. Constitution and Constitutionalism : The distinctive features of the
Constitution.
2. Fundamental Rights-Public interest litigation; Legal Aid, Legal
services authority.
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3. Relationship between Fundamental rights, Directive principles and
Fundamental duties.
4. Constitutional Position of the President and relation with the Council
of Ministers.
5. Governor and his powers.
6. Supreme Court and the High Courts :
(a)
Appointments and transfer.
(b)
Powers, functions and jurisdiction.
7. Centre, States and local bodies :
(a)
Distribution of legislative powers between the Union and
the States.
(b)
Local Bodies.
(c)
Administrative relationship among Union, Stateland Local
Bodies.
(d)
Eminent domain-State property-Common property-
Community property.
8. Legislative powers, privileges and immunities.
9. Services under the Union and the States :
(a)
Recruitment and conditions of services ; Constitutional
safeguards; Administrative tribunals.
(b)
Union Public Service Commission and State Public Service
Commissions-Power and functions.
(c)
Election Commission-Power and functions.
10. Emergency provisions.
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11. Amendment of the Constitution.
12. Principles of Natural Justice-Emerging trends and judicial approach.
13. Delegated legislation and its constitutionality.
14. Separation of powers and constitutional governance.
15 . Judicial review of administrative action.
16. Ombudsman: Lokayukta, Lokpal etc.
PAPER-III
(Code of Criminal Procedure, 1973)
Marks: 250
Duration: Three Hours
1. Definitions.
2. Constitution of Criminal Courts and offices.
3. Power of Courts.
4. Arrest of Persons.
5. Processes to compel appearance and production of things.
6. Security for keeping the peace and for good behavior.
7. Information to the police and their powers to investigate.
8. Jurisdiction of the Criminal courts in inquiries and trials.
9. Commencement of proceedings before Magistrates.
10. The charge.
11. Trial before a Court of Sessions.
12. Trial of warrants and Summons cases by Magistrates.
13. Evidence in Inquiries and Trials.
14. Plea bargaining.
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15. Transfer of Criminal Cases.
16. Bail and Bonds.
17. Limitation for taking cognizance of certain offences.
18. Provisions as to accused person of unsound mind.
19. Provisions as to offences affecting the administration of Justice.
20. Summary Trial.
21. General provisions as to inquiries and Trials.
22. Judgment, appeal, Revision and Reference.
23. Execution, Suspension, Remission and Commutation of sentences.
24. Disposal of Property.
PAPER-IV
(Indian Penal Code, 1860)
Marks: 250
Duration : Three Hours
1. General principles of Criminal liability : mensrea and actus reus,
mensrea in statutory offences.
2. Kinds of punishment and emerging trends as to abolition of capital
punishment.
3. Preparations and criminal attempt.
4. General exceptions and Right of Private Defence.
5. Joint and constructive liability.
6. Abetment.
7. Criminal conspiracy.
8. Offences against the State.
9. Offences against human body.
10. Offences against property.
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11. Offences against public tranquility.
12. Offences by or relating to Public Servants.
l3. Offences relating to Documents.
14. Defamation, Criminal Intimidation and Annoyance.
PAPER-V
(Indian Evidence Act, 1872)
Marks: 250
Duration : Three Houns
1. Relevancy of Facts.
2. Facts which need not be proved.
3. Oral and Documentary Evidence.
4. Burden of Proof.
5. Estoppel.
6. Of witnesses and examination of witnesses.
Paper VI
(Special Laws I)
Marks: 250
Duration: Three Hours
1. Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Unlawful Activities (Prevention) Act, 1967.
3. Explosive Substances Act, 1908.
4. National Security Act, 1980.
5. Jammu and Kashmir Public Safety Act, 1978.
6. Indian Arms Act, 1959.
7. J&K Excise Act, SVT 1958.
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PAPER-VII
(Special Laws II)
Marks : 250
Duration : Three Hours
1. Offences against women and children.
2. Protection of Children from Sexual Offences Act, 2012.
3. Information Technology Act, 2000.
4. Juvenile Justice (Care and Protection of Children) Act, 2015.
5. Prevention of Corruption Act, 1988.
6. The Prevention of Black marketing and Maintenance of Supplies
of Essential Commodities Act, 1980.
7. The Public Gambling Act, 1867.
8. Indian Forest Act, 1927.
9. Motor Vehicles Act, 1988.
10. J&K Police Act, 1983.