REGD NO. JK––33
THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
| –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– English CONTENTS Pages | Vernacu- lar pages | ||
| PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... 298-312 PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... 327-348 PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... 39-40 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 .... 223-228 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 .... 81-96 | 29-32 |
Printed at the Ranbir Government Press, Jammu.
298 The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 507 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Rahil Habib S/o Habib Ullah Rather R/o Akhzar Anenue, Sector-2, Ellahi Bagh, Tehsil Eidgah, District 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 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-71/2021 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. 508 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Rashta Parveen D/o Mohd Hanief R/o 126, Ward No. 5, Chanderkpte, District Ramban has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally No. 20] The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. 299 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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-73/2021 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. 509 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Rabiya Jan D/o Bashir Ahmad Mir R/o Pantha Chowk, Rehmat Colony, Lane-5, 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 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-74/2021 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. 510 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Rizwan Ul Haq S/o Muhammad Amin Hajam R/o Batapora, 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 300 The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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-75/2021 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. 511 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Rohit Charbathia S/o Om Prakash R/o Near Vashano Mata Mandir, Sumwan P/O Falote, Kathua A/P Lane No. 55B, Greater Kailash, 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-76/2021 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. 512 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Surbhi Sharma D/o Radha Krishan Sharma R/o Near Panchayat Ghar, Muthi, District 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, No. 20] The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. 301 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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-90/2021 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. 513 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Owais Qadir S/o Ghulam Qadir Bhat R/o Qaimoh, Mukdampora, 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-62/2021 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. 514 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Suman Fatima D/o Khan Iftikhar Jeelani R/o Wanbal Chowk, Rawalpora, Nomani Lane, H. No. 12, 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 notification, subject to the verification of her Provisional/LL.B Degree 302 The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Certificate from the concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-92/2021 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. 515 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Satyam Arora S/o Sanjay Arora R/o H. No. 153, Ward No. 18, Near Mandir Morh Dewan Janjh Ghar, 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-96/2021 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. 516 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Skarma Dolma D/o Tsewang Deldan R/o Bangkhang PA, Chuchot Gongma, Leh, Ladakh 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 No. 20] The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. 303 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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-98/2021 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. 517 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Sumeet Kumar S/o Bal Krishan R/o Ambaran (Degha), Tehsil Akhnoor, Jammu A/P Ward No. 13, H. No. 11, Adarsh Colony, Sungal Morh 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-100/2021 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. 518 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Shagun Mahajan D/o Sushil Mahajan R/o H. No. 287/I, Sector-2, Durga Nagar, Talab Tillo, 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 304 The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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-101/2021 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. 519 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Tajamul Nazir S/o Nazir Ahmad Reshi R/o Bogund, Khanqah Mohalla, Tehsil Qaimoh, 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-102/2021 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. 520 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Usman Khurshid S/o Khurishid Ahmad Kanroo R/o 011, Jan Mohalla, Hergam, Shopian has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally No. 20] The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. 305 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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-104/2021 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. 521 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Vikas Bhardwaj S/o Sham Lal R/o Maira, Jourian, District 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-106/2021 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. 522 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Vidyansh Gupta S/o Vinod Gupta R/o 41-P, Extn. 1-A, Khoo Wali Gali, 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, 306 The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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-107/2021 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. 523 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Vineet Khajuria S/o Ramesh Khajuria R/o Miran Sahib, Bansultan, Tehsil R. S. Pura, 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-109/2021 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. 524 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Yasir Manzoor Lone S/o Manzoor Ahmad Lone R/o Hadirpora, Rafiabad, Maidaan Mohalla, Tehsil Watergam, 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 his No. 20] The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. 307 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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-111/2021 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. 525 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Zulikha Bano D/o Ahmed Shah R/o Bogdang, Tehsil Nubra, District Leh UT-Ladakh A/P Murtsey Colony, C/o Ghulam Hussain, Murtsey, Leh 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-114/2021 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. 526 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Shruti Sharma D/o Ramesh Chander R/o Village Daskal H. No. 54, Ward No. 2, Akhnoor, Jammu Opposite Govt. Middle School 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 308 The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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-86/2021 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. 527 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Rameshwar Singh Thakur S/o Kartar Singh R/o Adhat Simni, Tehsil Mahanpur, District Kathua A/P Kudera Plahi, Tehsil Basholi, District Kathua 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-77/2021 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. 528 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Rabiya Rasool D/o Ghulam Rasool Shah R/o Shouch Palpora, Peer Mohalla, Tehsil Pattan, District Baramulla has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council No. 20] The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. 309 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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-78/2021 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. 529 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Rabiya Ayaz Parry D/o Mohd Ayaz Parry R/o S. K. Colony, Sector-1, Qammarwari, 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 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-79/2021 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. 530 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Rahul Sharma S/o Gwash Lal Sharma R/o Bhatta Palmar, District Kishtwar A/P Ward No. 59, JK Colony, Paloura, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and 310 The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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-80/2021 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. 531 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Syed Babrak Hussain S/o Shah Latif R/o Village Kot, P/O Behrot Thannamandi, District Rajouri A/P H. No. 292, Prem Nagar, New Plots, 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-81/2021 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. 532 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Syed Zeshan Haider Kazmi S/o Syed Zaki Haider R/o Village Manghar, Tehsil Haveli, District Poonch A/P 104-A, Bhawani Nagar, No. 20] The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. 311 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Janipur Street, Kheer Bhawani Mandir, 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-82/2021 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. 533 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Sapna Kumari D/o Kali Kishore R/o Ward No. 12, Naban Mohalla, District 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 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-83/2021 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. 534 of 2021/RG Dated 31-03-2021.
It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Samiksha Pamil D/o Tilak Raj Plathia R/o 201/C, Uttam Nagar, 312 The J&K Official Gazette, the 12th August, 2021/21st Srav., 1943. [ No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Kunjwani, 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-84/2021 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 12th Aug., 2021/21st Srav., 1943. [ No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government—Notifications.
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GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—HOSPITALITY AND PROTOCOL DEPARTMENT. Subject :—Warrant of Precedence in respect of the Union Territory of
J&K.
Reference :—UO No. RDD/PNCH/57/2021 dated 04-03-2021 of
Department of Rural Development and Panchayati Raj.
–––––––
Government Order No. 03-JK(H&P) of 2021
Dated 08-03-2021.
Sanction is hereby accorded to the replacement of Annexure to Government Order No. 13-JK(H&P) of 2020 dated 22-07-2020 with the Annexure-A to this Government Order issued on the subject.
By order of the Lieutenant Governor.
(Sd.) MANZOOR AHMAD JAN,
Under Secretary to Government, Hospitality and Protocol Department.
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328 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure-A to Government Order No. 03JK(H&P) of 2021 dated 08-03-2021
1. President
2. Vice President
3. Prime Minister
4. Governors of States within their respective States
5. Former Presidents
5A. Deputy Prime Minister
6. Chief Justice of India
Speaker of Lok Sabha
7. Cabinet Ministers of the Union
Chief Ministers of States within their respective States Deputy Chairman, Planning Commission
Former Prime Ministers
Leaders of the Opposition in Rajya Sabha and Lok Sabha
7A. Holders of Bharat Ratna decoration
8. Amba ssadors Extraor dinary a nd Plenipotentiary and High Commissioners of Commonwealth countries accredited to India
Chief Ministers of State outside their respective States
Governors of States outside their respective States
9. Judges of Supreme Court
9A. Chairperson, Union Public Service Commission
Chief Election Commissioner
Comptroller and Auditor General of India
10. Deputy Chairman, Rajya Sabha Deputy Chief Minister of States
Deputy Speaker, Lok Sabha Members of the Planning Commission
Ministers of the State of the Union (and any other Minister in the Ministry of Defence for Defence matters)
11. Attorney General of India
Cabinet Secretary Lieutenant Governors within the respective Union Territories No. 20] The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. 329 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
12. Chiefs of Staff holding the rank of Full General or equivalent rank
13. Envoys Extraordinary and Ministers Plenipotentiary accredited to India
14. Chairmen and Speakers of State Legislatures within their respective
States Chief Justices of High Courts within their respective jurisdictions
15. Cabinet Ministers in States within their respective States
Chief Ministers of Union Territories and Chief Executive Councillor, Delhi within their respective Union Territories Deputy Ministers of the Union
16. Officiating Chiefs of Staff holding the rank of Lieutenant General or
equivalent rank
17. Chairman, Central Administrative Tribunal
Chairman, Minorities Commission Chairperson National Commission for Scheduled Castes Chairperson National Commission for Scheduled Tribes Chief Justices of High Courts outside their respective jurisdictions Puisne Judges of High Courts within their respective jurisdictions
18. Cabinet Ministers in States outside their respective States
Chairmen and Speakers of State Legislatures outside their respective States Chairman, Monopolies and Restrictive Trade Practices Commission Deputy Chairmen and Deputy Speakers of State Legislatures within their respective States Ministers of State in States within their respective States Ministers of Union Territories and Executive Councilors, Delhi within their respective Union/outside Territories Speakers of Legislative Assemblies in Union Territories and Chairman of Delhi Metropolitan Council within their respective Union Territories/outside
19. Chief Commissioners of Union Territories not having Councils of
Ministers, within their respective Union Territories Deputy Ministers in States within their respective States Deputy Speakers of Legislative Assemblies in Union Territories and Deputy Chairman of Delhi Metropolitan Council, Delhi within their respective Union Territories
19A. Mayors within their respective Territorial jurisdictions 330 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 20. Deputy Chairmen and Deputy Speakers of State Legislatures, outside
their respective States Ministers of State in States outside their respective States Puisne Judges of High Courts outside their respective jurisdictions
21. Members of Parliament
22. Deputy Ministers in State outside their respective States
23. Army Commanders/Vice-Chief of the Army Staff or equivalent in
other services Chief Secretaries to State Governments/UT within their respective States/UTs
Commissioner for Linguistic Minorities Commissioner for Scheduled Castes and Scheduled Tribes Member Legislative Assembly of the Union Territories within their respective Union Territories Members, Minorities Commission Members, National Commission for Scheduled Castes
Members, National Commission for Scheduled Tribes Officers of the rank of full General or equivalent rank Secretaries to the Government of India (including Officers holding this office ex-officio) Secretary, Minorities Commission
Secretary, Scheduled Castes and Scheduled Tribes Commission Secretary to the President Secretary to the Prime Minister Secretary, Rajya Sabha/Lok Sabha Solicitor General Vice-Chairman of the Central Administrative Tribunal
24. Officers of the rank of Lieutenant General or equivalent rank
25. Additional Secretaries to the Government of India
Additional Solicitors General Advocate Generals of States Chairman, Public Service Commission Chairman, Tariff Commission
Charged Affairs and Acting High Commissioners a pied and ad. Interim Chief Ministers of the Union Territories and Chief Executive Councilor, Delhi Outside their respective Union Territories No. 20] The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. 331 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Secretaries of State Governments/ Union Territories (outside
their respective jurisdiction)
Deputy Comptrollers and Auditor General
Deputy Speakers of Legislative Assemblies in the Union Territories
and Deputy Chairman, Delhi Metropolitan Council, outside their
respective Union Territories
Director, Central Bureau of Investigation
Director, General Border Security Force
Director, General Central Reserve Police Force
Director, Intelligence Bureau
Financial Commissioner to the Government
Director General of Police within respective States/Union Territories
Lieutenant Governors outside their respective Union Territories
Members, Central Administrative Tribunal
Members, Monopolies and Restrictive Trade Practices Commission
Members, Union Public Service Commission
Ministers of Union Territories and Executive Councilors, Delhi, outside
their respective Union Territories
Principal Staff Officers of the Armed Forces of the rank of Major
General or equivalent rank
Speakers of legislative Assemblies in Union Territories and Chairman
of Delhi, Metropolitan Council, outside their respective Union
Territories
25A. Principal Secretaries to the Government
Additional Director General of Police
26. All Administrative Secretaries
Divisional Commissioners/IGPs
Joint Secretaries to the Government of India and Officers of equivalent
rank Officers of the rank of Major-General or equivalent rank
Chairperson, District Development Councils
27. Vice-Chancellors of Universities within the State/UT
Vice-Chairpersons of the District Development Councils
28. District Magistrates
Officers of the rank of Brigadiers and equivalent
Major Head of Departments
District and Session Judges 332 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chairperson Block Development Council/President of Municipal
Councils and Municipalities/Members of the District Development
Councils
Note :
1. The order in this Table of Precedence is meant purely for State and
Ceremonial occasions.
2. Persons in the Table of Precedence will take rank in order of the
number of the articles. The entries in the same article are arranged
alphabetically. Those included in the same article will take precedence
inter se according to date of entry into that article.
(Sd.) MANZOOR AHMAD JAN,
Under Secretary to Government,
Hospitality and Protocol Department.
––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
Subject :—Third Phase of Back to Village (B2V3) Programme conducting
of JAN ABHIYAN w. e. f. 10th September to 1st October,
2020.
––––––
Government Order No. 840-JK (GAD) of 2020
Dated 09-09-2020.
The Government Order No. 838-JK(GAD) of 2020 dated 08-09-2020,
issued under endorsement No. GAD(Adm)114/2020-IV dated 08-09-2020,
is hereby withdrawn ab initio. The necessary order on the subject shall
now be issued by the Finance Department separately.
By order of the Government of Jammu and Kashmir.
(Sd.) ROHIT SHARMA, KAS,
Additional Secretary to the Government.
_____ No. 20] T h e J & K O f f i c i a l G a z e t t e , 12th Aug., 2021/21st Srav., 1943. 333 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION DEPARTMENT.
S ubject :—WP(C) PIL No. 8/2020, CM No. 2778/2020 titled 'Central Auqaf
Committee, Tarzoo Vs Union of India & Ors'-appointment of Nodal Officer thereof.
Reference :—O. M. No. PS/CS/7/38/2021/Court dated 11-01-2021 from
Office of the Chief Secretary.
––––––
Government Order No. 86-JK (GAD) of 2021
Dated 28-01-2021.
It is hereby ordered that Administrative Secretary, Forest, Ecology and Environment Department shall be the Nodal Officer for coordinating and facilitating the work of the Committee of Experts constituted by the Hon'ble High Court in PIL No. 159/2002, titled Syed Iqbal Tahir Geelani v/s State of J&K and others. The Nodal Officer shall be responsible for furnishing information regarding lakes and water bodies of Union Territory of Jammu and Kashmir as and when sought by the Committee of Experts along with filing response/reply in the matter before the Hon'ble Court.
By order of the Government of Jammu and Kashmir.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
_____
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—FINANCE DEPARTMENT.
Subject :—Introduction of P&AO System with Treasury Operation in all the Autonomous Bodies/Institutions receiving Grant-in-Aid from Government of J&K.
––––––
Government Order No. 171-F of 2021
Dated 22-06-2021.
Sanction is hereby accorded to the introduction of P&AO System with Treasury Operation in all the Autonomous Bodies/Institutions 334 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (Annexure ''A'') receiving Grant-in-Aid from Government of J&K. The Financial Advisor(s)/Chief Accounts Officer(s) and Accounts Officer(s) shall operate as CP&AOs and P&AOs respectively. The Institutions/ Autonomous Bodies which do not have FA/CAO(s) shall be provided FA/ CAO(s) from the Finance Department separately on deputation.
By order of the Government of Jammu and Kashmir.
(Sd.) DR. ARUN KUMAR MEHTA, IAS,
Financial Commissioner,
Finance Department.
_____
Annexure
S. No. Name of the Grantee Body
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 Institute of Management and Public Administration
2 Directorate of Samagra Shiksha
3 Sainik School, Nagrota
4 Sainik School, Manasbal
5 J&K Legal Services Authority
6 JK Entrepreneurship Development Institute
7 SKUAST, Jammu
8 SKUAST, Srinagar
9 J&K Aids Control Society
10 National Health Mission
11 J&K State Rehabilitation Council
12 SKICC, Srinagar
13 Royal Spring Golf Course, Srinagar No. 20] The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. 335 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
14 Jammu Tawi Golf Course, Jammu
15 Kokernag Development Authority
16 Patnitop Development Authority
17 Sonamarg Development Authority
18 New Development Authority
19 Kashmir University
20 Jammu University
21 Islamic University of Science and Technology
22 Baba Ghulam Shah Badshah University
23 SMVD University
24 Cluster Universities
25 School of Architecture, Kashmir
26 School of Architecture, Jammu
27 Islamia College of Science and Commerce
28 Gandhi Memorial College (Non-Migrant), Srinagar
29 Vishwa Bharti Women College, Rainawari, Srinagar
30 Gandhi Memorial College (Migrants), Jammu
31 District Rural Development Agencies
32 Academy of Arts, Culture and Languages
33 Mubarak Mandi Heritage Society
34 J&K Sports Council
35 State Board of Technical Education
36 Government College of Engineering and Technology Jammu/
Srinagar
_______
336 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
Subject :—Preparations for introduction of COVID-19 vaccine-constitution
of Block Level Task Force(s) thereof.
––––––
Government Order No. 1088-JK (GAD) of 2020
Dated 02-12-2020.
Sanction is hereby accorded to the constitution of Block Level Task
Force for each Block for monitoring the planning and ensuring smooth
implementation of various preparatory activities related to introduction of
COVID-19 vaccine in the Union territory of J&K—
1. Sub-Divisional Magistrate Chairperson
2. Chairman, Block Development Council Member
3. Block Development Officer Member
4. Block Medical Officer Convener
5. Child Development Project Officer Member
6. Zonal Education Officer Member
7. Representative of Public Works Department Member
8. Representative of Animal Husbandry Department Member
9. Representative of National Cadet Corps (NCC), Member
if available
10. Representative of Nehru Yuva Kendra Member
Sangathan (NYKS), if available
11. Representative of National Service Scheme Member
(NSS), if available
12. NGO working in Health Sector, if available Member
Terms of Reference—
(A) Preparatory phase—
(i) To monitor progress of database of beneficiaries to be shared
with district for upload on Co-WIN Software.
No. 20] The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. 337 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (ii) To ensure training of all concerned human resources on
Co-WIN Software.
(iii) To monitor progress on key activities such as micro-planning,
communication planning, cold chain and vaccine logistics
planning, besides fixing accountability for each activity.
(iv) To plan and map vaccine sessions where Health Care Workers
(HCWs) will be vaccinated during 1st phase of COVID-19
vaccine roll out.
(v) To involve all relevant departments including ICDS, PRIs and
key immunization partners such as UNICEF, WHO, Rotary
International, RMNCH+A lead partners, Civil Society
Organizations, Non-Government Organizations at block level.
(vi) To identify vaccinators across government and private sectors
so as to minimize disruption of Routine Immunization Services
while introducing COVID-19 vaccine.
(vii) To map human resources across departments that could be
deployed for vaccination sessions for verification of
beneficiaries, crowd management and overall coordination at
session site.
(B) Implementation phase (upon availability of vaccine)—
(i) To monitor the roll out of COVID-19 vaccine in the block for
progress made and resolve bottle necks.
(ii) To assess requirement of human resource and infrastructure
including vehicles if needed from district and/or other
departments for implementation and monitoring.
(iii) To ensure minimal disruption of other routine health services
during roll out of COVID-19 vaccine.
(iv) To ensure supervision of vaccination sessions being conducted
for COVID-19 vaccine.
(v) To ensure implementation of communication plan while
addressing the local context and needs to address rumour
mongering as well as vaccine eagerness. Maximize use of local
influencers (including religious leaders) for countering
misinformation.
338 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (vi) To ensure that adequate number of IEC material pertaining to COVID-19 vaccination is displayed at prominent places and at session site.
(vii) To ensure adherence to timelines for various activities required
for introduction of COVID-19 vaccine.
(viii) To ensure timely disbursal of incentives to ASHAs, AVDs
involved in COVID-19 vaccination drive.
(ix) To share key qualitative and quantitative feedback at district
level for review.
By order of the Government of Jammu and Kashmir.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
_____
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION DEPARTMENT.
Subject :—Constitution of UT Level Monitoring Committee Sub-Divisional Level Committee(s) and District Level Committee(s) for implementation of Forest Rights Act, 2006.
––––––
Government Order No. 1080-JK (GAD) of 2020
Dated 01-12-2020.
Sanction is hereby accorded to the constitution of UT Level Monitoring Committee, District Level Committee(s) and Sub-Divisional Level Committee(s) for implementation of Forest Rights Act, 2006 in the Union Territory of Jammu and Kashmir :—
A. UT Level Monitoring Committee—
1. Chief Secretary, J&K Chairperson
2. Administrative Secretary, Revenue Department Member
3. Administrative Secretary, Forest, Ecology and Member- Environment Department Secretary No. 20] The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. 339 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
4. Administrative Secretary, Rural Development Member
and Panchayati Raj Department
5. Administrative Secretary, Tribal Affairs Member
Department
6. Principal Chief Conservator of Forests Member
7. Three Schedule Tribe members of the Tribes Member(s)
Advisory Council to be nominated by the
Chairperson of the Tribes Advisory Council and where there is no Tribes Advisory Council,
three Scheduled Tribes Members to be nominated by the UT Government
8. Commissioner, Tribal Welfare or equivalent Member
Terms and reference—
(a) To devise criteria and indicators for monitoring the process of
recognition and vesting of forest rights ;
(b) To monitor the process of recognition, verification and vesting
of forest rights in the UT ;
(c) To meet at least once in three months to monitor the process
of recognition, verification and vesting of forest rights, consider and address the field level problems, and furnish a quarterly
report in the format appended as Annexure-V to these rules, to the Central Government on their assessment regarding the
status of claims, the compliance with the steps required under the Act, details of claims approved, reasons for rejection, if
any, and the status of pending claims ;
(d) To take appropriate actions on receipt of a notice against the
concerned authorities, in terms of Section 8 of the Act ;
(e) To monitor resettlement under sub-section (2) of Section 4 of
the Act ;
(f) To specifically monitor compliance of the provisions contained
in clause (m) of sub-section (1) of Section 3 and sub-
section (8) of Section 4.
340 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– B. District Level Committee(s)—
1. Deputy Commissioner Chairperson
2. Divisional Forest Officer (Territorial) Headquarter Member
3. Three members of the Block or Tehsil Level Member(s)
Panchayats to be nominated by District Panchayat of whom at least two shall be Scheduled Tribes preferably who are forest dwellers or belong to the primitive tribal groups and where there are no Scheduled Tribes, two members who are preferably other traditional forest dwellers, and one shall be a woman member
4. District Panchayat Officer Member
Terms and reference—
(a) To ensure that the requisite information under clause (b) of Rule 6 has been provided to Gram Sabha or Forest Rights Committee ;
(b) To examine whether all claims especially those of primitive tribal groups, pastoralists and nomadic tribes, have been addressed keeping in mind the objectives of the Act ;
(c) To consider and finally approve the claims and record of forest rights prepared by the Sub-Divisional Level Committee ;
(d) To hear petitions from persons aggrieved by the orders of the
Sub-Divisional Level Committee ;
(e) To coordinate with other districts regarding inter-district
claims ;
(f) To issue directions for incorporation of the forest rights in the relevant government records including Record of Right ;
(g) To ensure publication of the record of forest rights as may be
finalized ;
(h) To ensure that a certified copy of the record of forest rights and title under the Act, as specified in Annexures-II & III to these rules, is provided to the concerned claimant and the Gram Sabha respectively ; and No. 20] The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. 341 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (i) To ensure that a certified copy of the record of the right to community forest resource and title under the Act, as specified in Annexure IV to these rules, is provided to the concerned Gram Sabha or the community whose rights over community
forest resource have been recognized under clause (i) of sub-section (i) of Section 3.
C. Sub-Divisional Level Committee (s) :
1. Sub-Divisional Level Officer of Revenue Chairperson
Department (SDM/ADC)
2. Range Officer Headquarters/Concerned Member
Range Officer
3. Three members of the Block or Tehsil Level Member(s)
Panchayats to be nominated by District Panchayat of whom at least two shall be Scheduled Tribes preferably who are forest dwellers or belong to the primitive tribal groups
and where there are no Scheduled Tribes, two members who are preferably other traditional forest dwellers, and one shall be a woman member
4. Block Development Officer concerned Member
Terms and reference—
(a) To provide information to each Gram Sabha about their duties and duties of holder of forest rights and others towards protection of Wildlife, forest and biodiversity with reference to critical flora and fauna which need to be conserved and protected ;
(b) To provide forest and revenue maps and electoral rolls to the
Gram Sabha or the Forest Rights Committee ;
(c) To collate all the resolutions of the concerned Gram Sabhas ;
(d) To consolidate maps and details provided by the Gram
Sabhas ;
(e) To examine the resolutions and the maps of the Gram Sabhas
to ascertain the veracity of the claims ;
(f) To hear and adjudicate disputes between Gram Sabhas on the
nature and extent of any forest rights ;
342 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (g) To hear petitions from persons, including UT agencies,
aggrieved by the resolutions of the Gram Sabhas ;
(h) To coordinate with other Sub-Divisional Level Committees for
inter sub-divisional claims ;
(i) To prepare block or tehsil-wise draft record of proposed forest
rights after reconciliation of government records ;
(j) To forward the claims with the draft record of proposed forest rights through the Sub-Divisional Officer to the District Level Committee for final decision ;
(k) To raise awareness among forest dwellers about the objectives and procedures laid down under the Act and in the rules ;
(l) To ensure easy and free availability of proforma of claims to the claimants as provided in Annexure-I (Forms A, B and C) of these rules ;
(m) To ensure that the Gram Sabha meetings are conducted in
free, open and fair manner with requisite quorum.
By order of the Government of Jammu and Kashmir.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
_____
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
Subject :—Constitution of Tree Authorities for the Municipal Corporations
of Jammu and Srinagar.
–––––
Government Order No. 1090-JK (GAD) of 2020
Dated 03-12-2020.
Sanction, in terms of Section 342 of J&K Municipal Corporation Act, 2000, is hereby a ccorded to the constitution No. 20] The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. 343 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– of Tree Authorities for the Municipal Corporations of Jammu and
Srinagar—
A.Tree Authority for Municipal Corporation, Jammu :
1. Hon'ble Mayor, Municipal Corporation, Jammu Chairperson
2. Hon'ble Deputy Mayor, Municipal Corporation, Member
Jammu
3. Commissioner, Municipal Corporation, Jammu Member
4. Divisional Forest Officer, Urban Forestry Member
Division, Jammu
5. District Horticulture Officer, Jammu Member
B. Authority for Municipal Corporation, Srinagar :
1. Hon'ble Mayor, Municipal Corporation, Srinagar Chairperson
2. Hon'ble Deputy Mayor, Municipal Corporation, Member
Srinagar
3. Commissioner, Municipal Corporation, Srinagar Member
4. Divisional Forest Officer, Urban Forestry Member
Division, Srinagar
5. District Horticulture Officer, Srinagar Member
Terms of reference—
(a) To ensure preservation of all trees within its jurisdiction ;
(b) To obtain declaration from all owners or occupants about the
number of trees in their lands ;
(c) To specify the standards regarding the number and kind of
tress in each locality, type of land and premises ;
(d) To assist private and public institutions connected with planting
and preservation of trees ; and 344 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (e) To undertake such schemes or measures as may be directed
from time to time for achieving the objectives of these
provisions.
By order of the Government of Jammu and Kashmir.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
_____
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
Subject :—Payment of ex-gratia compensation to the families/NoKs of
polling personnel deployed for conduct of District Development
Council Elections and Panchayat Bye-Elections to the vacant
seats of Panches/Sarpanches and Municipal Election, 2020.
Reference :—No. 07/SEC/Acctts/Ex-gratia/2020/58 dated 28-11-2020, from
the State Election Commission.
––––––
Government Order No. 16-JK (GAD) of 2021
Dated 06-01-2021.
Sanction is hereby accorded to the payment of ex-gratia compensation
in favour of families/NoKs of the deceased/injured Government employees
including Security/Police Personnel (CAPFs, SAPs, Police Home Guard
etc. and Drivers and Cleaners of hired vehicles), deployed for the conduct
of District Development Council Elections and Panchayat Bye-Elections
to the vacant seats of Sarpanches/Panches and Municipal Election, 2020 at
the following rates and conditions :—
S. No. Nature of Mishap Amount of ex-gratia
compensation in rupees
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
l. In case of death while on election duty 15.00 Lakh No. 20] The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. 345 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. In case of death due to violent acts of 30.00 Lakh
extremists or anti social elements, like road
mines bomb blasts armed attacks etc.
3. In case of permanent disability like loss of 7.50 Lakh
limb, eye sight etc.
4. In case of permanent disability caused by 15.00 Lakh
extremist or anti-social elements
It is further ordered that the procedure to be adopted in respect of
making the payment in favour of case(s) shall be the same as prescribed in
Government Order No. 592-GAD of 2019 dated 17-05-2019.
This issue(s) with the concurrence of the Finance Department
conveyed vide U. O. No. A/election(2020)-Sgr-907/J dated 29-12-2020.
By order of the Lieutenant Governor.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
_____
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
Subject :—Constitution of UT Level Monitoring Committee and District Level Monitoring Committee(s) for implementation of PM (SVANidhi), Scheme in the Union territory of Jammu and Kashmir.
–––––
Government Order No. 170-JK (GAD) of 2021
Dated 18-02-2021.
Sanction is hereby accorded to the constitution of UT Level Monitoring Committee and District Level Monitoring Committee(s), comprising the 346 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– following, for implementation of Prime Minister Street Vendors Atma Nirbhar Nidhi (PM SVANidhi), Scheme in the Union territory of Jammu and Kashmir :—
1. UT Level Monitoring Committee :
1. Principal Secretary to the Government, Housing Chairperson
and Urban Development Department
2. Commissioner/Secretary to the Government, Member
Labour and Employment Department
3. Secretary to the Government, Food, Civil Member
Supplies and Consumer Affairs Department
4. Director General, Budget Member
5. Chairman/Managing Director, J&K Bank or a Member
representative (not below the rank of Executive Director
6. Representative of Social Welfare Department Member
(not below the rank of Additional Secretary)
7. Representative of Health and Medical Education Member
Department (not below the rank of Additional Secretary)
8. UT Mission, Director, Day-NULM Member
II. District Level Monitoring Committee :
1 Deputy Commissioner Chairperson
2 Additional District Development Commissioner Member
3. Commissioner, Municipal Corporations/ Member
Chief Executive Officer/Executive Officer of Municipal Councils/Committees
4. Chief Education Officer Member
5. Chief Medical Officer Member
6. District Social Welfare Officer Member
7. Assistant Director, Food, Civil Supplies and Member
Consumer Affairs Officer
8. Lead Bank Manager Member No. 20] The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. 347 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– It is further ordered that Committee shall co-opt Nodal Officers of the concerned Central Ministries/Departments or any other officer of the UT as required.
By order of the Government of Jammu and Kashmir.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
_____
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Subject :—Acquisition of land measuring 10 Kanals 05 Marlas at Village Kharkhola, Tehsil R. S. Pura, District Jammu for public purpose viz. establishment of Border Out Post (BOP) namely ''Kharkhola''-Issuance of declaration under sections 6 & 7 of the Land Acquisition Act thereof.
–––––––
Notification No. 13-Rev (LAJ) of 2021
Dated 02-03-2021.
Whereas, the land measuring 10 Kanals 05 Marlas at Village Kharkhola, Tehsil R. S. Pura, District Jammu is required for public purpose viz. establishment of Border Out Post (BOP) namely "Kharkhola" ; and
Whereas, on the basis of an indent placed by the Commandant, 141 Bn., BSF vide No. Prov/141/Bn/BSF/Land/07/16127 dated 07-09-2007, the revenue field staff prepared revenue papers of the said land ; and
Whereas, the District Collector (DC), Jammu vide No. DCJ/LHS/ BSF 122/ ACQ-BOP/JMU/K-623/04 dated 28-09-2011 requested Divisional Commissioner, Jammu for obtaining No Objection from Home Department which was conveyed vide No. Home/CL-12/2012/Kharkhola/l0695 dated 10-09-2012 ; and
Whereas, a notification under section 4 (1) was issued by Collector, Land Acquisition (SDM), R. S. Pura vide No. SDMR/BOP/2015-16/316-21 dated 10-03-2016 for land measuring 10 Kanals 05 Marlas under Khasra No. 132 at Village Kharkhola, Tehsil R. S. Pura, District Jammu, calling upon objections from the land owners/interested persons ; and
Whereas, the District Collector (DC), Jammu vide No. DCJ/LA/ BOP/2016-17/541-43 dated 19-08-2016 has reported that pursuant to the above referred notification, no objection was received from anyone ; and 348 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, pursuant to SRO-235 of 2009 dated 11-08-2009 notification
under sections 6 & 7 of the Land Acquisition Act, Svt., 1990 was issued by the District Collector (DC), Jammu vide No. DCJ/LA/BOP-Khar/Noti-
6&7/2014-15/848-53 dated 08-02-2015 which was later on withdrawn in pursuance of directions issued by this department vide No. Rev/LAJ/12/
2015 dated 02-02-2016 ; and
Whereas, the District Collector (DC), Jammu vide above referred
letter has recommended the case for issuance of notification/declaration
under sections 6 & 7 of the Land Acquisition Act which is duly endorsed by Divisional Commissioner, Jammu vide No. 502/1494/Acq/BOP/Kharkhola/
RS Pura/J/16/1558-60 dated 07-09-2016 read with No. 502/1494/Acq/BOP/ Kharkhola/20/6174 dated 02-12-2020 and dated 18-02-2021 to this
department for the purpose ; 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. establishment of Border Out Post (BOP)
namely "Kharkhola".
Now, therefore, in pursuance of section 6 of the J&K Land Acquisition Act, Samvat 1990, it is declared that the land measuring 10 Kanals
05 Marlas under Khasra No. 132 situated at Village Kharkhola, Tehsil R. S. Pura, District Jammu is required for public purpose viz. establishment
of Border Out Post (BOP) namely "Kharkhola". Further, the Collector, Land Acquisition (S. D. M., R. S. Pura) 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 personally 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.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., the 12th August, 2021/21st Srav., 1943. [ No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
————
40 The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
Vol. 134] Jammu, Thu., the 12th Aug., 2021/21st Srav., 1943. [ No. 20
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.
———–
Notice
I, Lateef Ahmad Bhat S/o Mohd Ismail Bhat R/o Pamposh Colony,
Channi Rama, Jammu (J&K), have changed my name from Lateef
Ahmad Bhat to Thomas Lateef Nasri because of astrological reason.
That in Ration Card (No. 1721) and Aadhar Card (No. 706470549204)
my name is written as Lateef Ahmad Bhat. Now I am applying for
correction for the same. If any objection conveyed to concerned authority
within seven days of this publication.
It is certified that I have complied with other legal requirements
in this connection.
Lateef Ahmad Bhat
S/o Mohd Ismail Bhat
R/o Pamposh Colony, Channi Rama,
Jammu (J&K).
————
224 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [ No. 20
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, Palku Kour legally wife of army No. 14909367N Rank L/NK Name Ragbir Singh R/o Village Jadh P/O Bhalwal Brahmana, Tehsil Jourian, District Jammu (UT) PIN-181202 at present serving with army unit 4 Mech. INF do hereby declare that I have changed my name from Palku Kour to Rashpaul Kour due to mismatch my Name in service records of my husband. Objection, if any, may be conveyed to the concerned authority within seven days.
It is certified that I have complied with other legal requirements
in this connection.
Palku Kour W/o Ragbir Singh R/o Village Jadh, P/O Bhalwal Brahmana, Tehsil Jourian, District Jammu (UT) PIN-181202.
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. 20] The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. 225
GOVERNMENT OF JAMMU AND KASHMIR (UT),
OFFICE OF THE COLLECTOR, LAND ACQUISITION (ACR),
RAMBAN.
Notice under sections 9, 9-A of the J&K State Land Acquisition Act,
(Svt.) 1990.
No. 01/ACR of 2021
Dated 02-07-2021.
Notice is hereby given to all the interested persons that UT
Government of J&K intends to take possession of land measuring 93K-
06M at Village Neera, Tehsil and District Ramban for construction of
Mehar Neera Link Road Km 1-4th under NABARD as per particulars
appended to this notice for which Notification No. 27-Rev(LAJ) of 2021
dated 03-06-2021 has been issued by the office of Principal Secretary
to Government, Revenue Department vide endorsement No. Rev/LAJ/
Neera/Link Road/75/2021 dated 03-06-2021 under sections 6, 7 & 17
of the Land Acquisition Act, (Svt.) 1990 for acquiring of land.
Now, before taking over the possession of land and payment of
compensation all the interested persons are called upon to appear before
the undersigned on 22nd of July at 02.00 PM at DC Office Complex,
Ramban and state the nature their respective interests in the land, the
amount and particulars of their claims to compensation for such interests,
and their objections (if any) to the quantum and measurement of land.
It is required that all such claims and objections are made in writing.
Executive Engineer, PWD (R&B) Division, Ramban (Indenting
Department) is also hereby called upon to appear before the undersigned
either in person or through his authorized representative on above said
date, time and venue to put forth his objection, if any, to the measurement
made and to the amount of the tentative compensation that may be
assessed.
It may be taken into notice by all that no claim or objection
whatsoever will be entertained after above said date.
226 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [ No. 20
Appendix
Particulars of Land
Name of Name of Name of Khasra Nos. Area
the the the
District Tehsil Village
—————————————————————————————
K. M.
Ramban Ramban Neera 417 14–10
417 min 00–10
417 min 05–19
417 min 02–16
417 min 01–03
417 min 00–15
424 00–13
425 02–15
426 00–06
430 00–18
431 00–07
436 00–03
437 01–12
445 00–03
446 00–07
447 00–08
448 05–16
449 00–08
450 00–07
451 00–07
453 00–06
454 02–12
455 00–03
459 00–05
472 00–17
473 00–16
492 00–01
493 00–02
497 00–01
501 00–01
502 00–01
505 00–02
509 00–02
No. 20] The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. 227
1 2 3 4 5
—————————————————————————————
K. M. 510 00–02 522 00–01
525 00–07
526 03–07
527 01–03
528 00–18
530 00–12
531 00–01
535 00–03
537 00–03
539 01–08
540 00–08
541 01–18
542 35–14
548 00–07
549 00–01
579 00–04
580 00–17
———
Total 93–06
———
Given under my hand and seal on 2nd day of July, 2021 at Ramban.
(Sd.) DHIRENDRA SHARMA, KAS,
Collector, Land Acquisition (ACR), Ramban.
_______
228 The J&K Official Gazette, 12th Aug., 2021/21st Srav., 1943. [ No. 20
Name Change
I, Tarun Kumar Sharma (Old Name) S/o V. N. Sharma R/o 237, Shastri Nagar, Jammu has changed my name from Tarun Kumar Sharma (Old Name) to Tarun Upadhyay (New Name). I do hereby assume from this date the name/surname Tarun Upadhyay (New Name).
It is certified that I have complied with other legal requirements
in this connection.
Tarun Kumar Sharma
S/o V. N. Sharma
R/o 237, Shastri 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.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., the 12th August, 2021/21st Srav., 1943. [No. 20 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C ——— JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION,
RESHAM GHAR COLONY, BAKSHI NAGAR,
JAMMU.
Subject :—Filling up of the post of Works Managar in Transport
Departmant.
Reference :—Transport Department's letter No. TR-9/SMG/2015-II
dated 29-09-2020.
————
Notification No. 07-PSC (DR-P) of 2021
Dated 19-07-2021.
Applications through online mode are invited from the applicants who are domiciled in the Union Territory of Jammu and Kashmir possessing the prescribed Academic/Professional Qualification and age for the post of Works Manager, in terms of the "Jammu and Kashmir Transport Department (Gazetted) Service Recruitment Rules, 1986" issued vide SRO-464 dated 21-07-10-1986 as amended vide SRO-276 82 The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––
dated 27-08-2012 and "Jammu and Kashmir Probationer (Conduct of Servece, Pay and Allowance) and Fixation of Tenure Rules, 2020" notified vide SO-192 of 2020 dated 17-06-2020 and Jammu and Kashmir Public Service Commission (Business and Procedure) Rules, 2021.
MOST IMPORTANT
> The Application Form together with instructions for filling up the Application Forms will be available at the website of the Commission from 26-07-2021 (26th July' 2021).
> Candidates are advised to go through the instructions and all the eligibility conditions prescribed for the post before filing the online Application Form. Candidates are advised up to date their One Time Registration before filling the Application Form.
> Last date for filing of online application complete in all respects along with the requisite fee (online mode only) is 25-08-2021 (25th August, 2021).
> The last date for receipt of online applications provided in the notification shall be the cut-off-date for determining the eligibility as regards acquisition of Domicile Certificates and educational and professional qualifications.
> The minimum and maximum age will however be reckoned with
reference to 1st January, 2021.
> Candidates can edit some of the fields in their online Application Form from 29-08-2021 (12.00 A. M.) to 31-08-2021 (11.59 P. M.) (3 days). Instructions in this regard will be separately made available on the website.
> Candidates are not required to submit a hard copy or any other
documents to the Commission.
> Candidates are advised in their own interest to submit online applications much before the closing date and not to wait till the last date to avoid the possibility of disconnection/inability to pay fee or failure to login to the online application portal on account of heavy load on the website during the closing days.
> The tentative date of Written Examination will be notified separately.
2. Name and scale of pay :
S. No. Post Pay Scale ————————————————————————————— 1. Works Manager Level-8A (50700-160600) No. 20] The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. 83 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––———
3. Datails of post with category-wise breauk is given below :—
Name of the OM RBA SC ST ALC/IB SLC PSP EWS Total Post
—————————————————————————————————
Works Manager 01 00 00 00 00 00 00 00 01
4. Prescribed Qualification :
—————————————————————————————
Designation Qualification
————————————————————————————— Works Manager Degree in Automobile Engineering from a recognized University or AMIE (Section A&B) in Automobile Engineering ; or 3 years Diploma in Automobile Engineering with 5 years experience in any Government/ Semi-Government Department/ Public Sector Undertaking.
5. Age as on 1st January, 2021 :
The requirement of age for candidates belonging to Open Merit
(OM) and various Reserved Categories is as follows :— ————————————————————————————— S. No. Category Age limit Not born after Not born before —————————————————————————————
1. OM 40 01-01-2003 01-01-1981
2. PHC 42 01-01-2003 01-01-1979
3. RBA/SC/ST/ALC- 43 01-01-2003 01-01-1978
IB/OSC/EWS/PSP
3. In-Service 40 01-01-2003 01-01-1981
Candidate/ Government
6. Reservation :
(i) A candidate seeking his/her consideration under Reserved Category must ensure that he/she possesses a valid requisite Category Certificate on the cut-off-date.
84 The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––
(ii) The candidature of the candidates will be provisional till the genuineness of the reserved category certificate is verified by the Appointing Authority.
(iii) Candidates may note that in case a claim for reservation is made on the basis of false/fake/fraudulent certificate, he/she shall be debarred from the examination(s) conducted by the J&K Public Service Commission, in addition to any other penal action as may be deemed appropriate.
7. Domicile :
The candidate should be a Domicile of the Union Territory of Jammu and Kashmir. The candidate must possess the Domicile Certificate issued by the Competent Authority in the prescribed format as on the last date prescribed for submission of online application form.
8. Centre of Examination :
i. The examination will be held at Srinagar and Jammu centres. All the candidates shall indicate the option for examination centre as indicated above.
ii. The allotment of centres shall be at the sole discretion of the Commission and once a centre is allotted to a candidate, request for a change of centre will not be entertained.
iii. Information about the examination indicating the time table and Centre of Examination for the candidates will be
uploaded on the websites of the Commission about two weeks before the date of examination. If any candidate
does not find his/her Roll Number on the website of the
Commission, one week before the date of examination, he/ she must immediately contact the Commission's Office at
Srinagar/Jammu, with proof of having submitted his/her application. Failure to do so will deprive him/her of any
claim for consideration.
iv. Candidate must submit his/her online application form,
Email ID and Mobile Number along with his/her Name, Date of Birth and Name of the Examination, while No. 20] The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. 85 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––———
addressing any communication to the Commission. Communication from the candidates not furnishing these particulars shall not be entertained.
v. Admit Cards will be available for downloading about two weeks before the date of examination on the official website of the Commission i. e. jkpsc.nic.in. Candidate must bring printout of the Admit Card/Roll Number Slip to the Examination Hall.
vi. For securing entry into the centre of examination, in addition to the Admit Card/Roll Number Slip, it is mandatory to carry at least two passport size recent color photographs (not taken earlier than 01-01-2021) and any of the original valid Photo-Id proof such as—
i. Aadhar Card/e-Aadhar ;
ii. Voter's ID Card ;
iii. Driving License ;
iv. PAN Card ;
v. Passport ;
vi. School/College/University 1-Card ;
vii. Employer ID Card.
9. Requisite Fee :
After successful submission of the online application form, candidate will be required to deposit requisite fee through online mode. The amount of fee to be paid is given below :—
General Category = Rs. 1000.00
Reserved Categories = Rs. 500.00
PHC Candidates = Nil.
Note :—i. The application form submitted without deposition of the fee, which gets substantiated through reflection of the same on the application form, such application form shall be treated as incomplete and candidature shall be deemed to have been rejected without any notice. No representation against such rejection shall be entertained.
86 The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––
ii. Submission of multiple applications by way of prefixing Mr./ Ms. or through generation of multiple User ID's or any other mode, followed by either non-payment of fee particulars or fee particulars (TID) of one application (RID) being mentioned against another application with a different RID would lead to rejection of the online application. The applicants who are submitting multiple applications should note that only the applications with higher Registration ID (RID) number shall be entertained by the Commission and fee paid against one RID shall not be adjusted against any other RID number. Besides a strict disciplinary action shall be taken including the cancellation of candidature and debarment for future examinations of J&K PSC will be taken against such applicants.
1 0 . Scheme of Examination/Syllabus/Selection Criteria :
The selection will be made on the basis following specified
criteria :—
i Written Examination 68 points
ii Distinction in Sports (certified by 01 point
Secretary, J&K Sports Council to be an outstanding sports person in terms of J&K (Appointment of Outstanding Sports Persons) Rules, 1998
iii Distinction in NCC activities (Holder 01 point
of Grade "C" Certificate (01 point) Gold Medal for overall first position in the prescribed qualification
iv Weightage of higher qualification as 04 points
prescribed under rules 43 (ii) of Jammu and Kashmir Public Service Commission (Business and Procedure) Rules, 2021
v Gold Medal for overall first position in 01 point
the prescribed qualification
vi Viva-voce/interview 25 point
———— Total 100 points ————
No. 20] The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. 87 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––———
I. Written Examination :
i. The written examination will be a 2 hour (120 minutes) objective Multiple Choice Question (MCQ) Exam. having 120 questions.
ii. There will be negative marking for incorrect answers
(as detailed below) for all questions—
(a) 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.
(b) If a candidate gives more than one answer, it will be treated as a wrong answer even if one of the given answer happen to be correct and there will be same penalty as above for that question.
(c) If a question is left blank i. e. no answer is given by the candidate, there will be no penalty for that question.
The Syllabus for the written/MCQ examination is given below :—
General English
i. Tenses
ii. Rearranging of jumbled sentences
iii. Modals
iv. Articles
v. Clauses
vi. Prepositions
vii. Adverbs
viii. Conjunctions
ix. Direct and Indirect Speech
x. Kind of sentences.
Auto Electrical Equipment :
i. Basic Quantities of electricity >
88 The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––
ii. Electromagnetic Induction
iii. Electric Motor
iv. Basic Electronics
v. Batteries
vi. Charging system
vii. Starting system
viii. Lighting system
ix. Electrical Accessories
x. Electronic ignition system
Garage Equipment :
i. General Tools
ii. Measuring Tools
iii. General Equipment
iv. Tuning and testing equipment
v. Engine repair tools
vi. Electrical Repair Equipment
vii. Reconditioning equipment for chassis and body
viii. Engine reconditioning and testing equipment
Automotive Materials :
i. Ferrous metals and alloys
ii. Non-Ferrous metals and alloys
iii. Identification tests for various metals
iv. Plastics
v. Heat insulation materials
vi. Sound insulation materials
vii. Fabrication materials
viii. Electrical insulation materials
ix. Lubricants, oils and additives
x. Commercial availability of material
No. 20] The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. 89 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––———
I. C. Engines :
i. Thermodynamic properties
ii. Gas laws
iii. Laws of thermodynamics
iv. Therodynamic processes
v. Air Cycles
vi. Fuels and combustion
vii. Air compressors
viii. IC enginc testing
ix. Heat transfer
x. Refrigeration and air conditioning
xi. Constructional details of Automotive engines
xii. Fuel supply in petrol and diesel engines
xiii. Cooling and lubricating system
xiv. IC engine testing
xv. Performance of engines
Chassis and Boby :
i. Layout ot conventional type of chassis
ii. Constructional details of car body
iii. Materials used for various types of frames
iv. Body components
v. Interior body dressing components
vi. Body upholstery
vii. Body streamlining
viii. Protective coating
Transmission, Steering, Suspension and Braking :
i. Function and various types of clutch
ii. Function and various types of manual transmission 90 The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––
iii. Function and various types of Automatic transmission
iv. Final drive
v. Various types of steering and their linkages, power
steering
vi. Various types of wheels and tyres
vii. Braking system
viii. Power braking
ix. Trouble shooting for transmission, steering and braking
x. Suspension system
Hydraulics :
i. Properies of fluids
ii. Fluid statics
iii. Flow of fluids
iv. Hydraulic devices
Motor Vehicle Act :
i. Salient features of Motor Vehicle Act, 1988
ii. Inspection and fitness of vehicles
iii. Insurance of vehicles
iv. Driving and road safety
Transport Management :
i. Modes of road transport
ii. Service station and its function
iii. Accounts and books in a service station
iv. Structure of fleet organization
v. State transport
vi. Road worthiness requirement
vii. Causes and prevention of road accidents
viii. Analysis of accidents
ix. Economy of replacement of old vehicles No. 20] The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. 91 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––———
x. Assessment of used vehicles
xi. Training of drivers and mechanics
xii. Structure and formalities relating to calculating and
paying the relevant taxes
Automotive Pollution Control :
i. Engine exhaust pollutants
ii. Sources of automotive emission
iii. Emission control
iv. Emission control by exhaust gas treatment
v. Positive crankcase ventilation
vi. Evaporative loss control
vii. Emission measurements
viii. New technologies for emission control
ix. Alternating fuels of Automobiles
x. Bharat standards
Industrial Management :
i. Principles of management
ii. Human resource management
iii. Wages and incentives
iv. Professional ethics
v. Industrial relations
vi. Environmental engineering
vii. Material management
viii. Estimating and costing
ix. Elements of cost and estimation
x. Incentives.
II. Interview :
In the interview/viva-voce, the candidates will be asked, in addition to the demonstration of domain knowledge/skills, questions on matters 92 The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––
of general interest and matters related to the post for which he is being interviewed. The object of the interview is to assess the personal suitability of the candidate for a career in public service. The interview 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. Some of the qualities to be judged are mental alertness, critical powers of assimilation, clear and logical exposition, balance of judgement, variety and depth of interest, ability for social cohesion and leadership, intellectual and moral integrity.
11. Provision of Compensatory Time and Assistance of Scribe :—
On request of a visually impaired (Blind) or any other candidate with Locomotor Disability and Cerebral Palsy where dominant (writing) extremity is affected to the extent of slowing the performance or function (minimum of 40% impairment), the candidate shall be provided assistance of an amanuensis (Scribe) on production of a Disability Certificate issued by the Standing Medical Board or Medical Board constituted by the Government. The scribe should have at least one qualification below than the requirement for the post applied for by the candidate(s) and further should be from an academic stream different form that stipulated for the post. The scribe shall be paid remuneration charges by the Commission equivalent to the honorarium paid to the invigilator :
Provided the concerned Supervisor shall ensure that the scribe provided to the candidate on the day of examination shall not extend any type of help to the candidate in solving the questions.
Compensatory time of 20 minutes per hour shall be permitted for the visually impaired (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 (minimum of 40% impairment) as certified by a Standing Medical Board.
12. The necessary instructions regarding filling up of online
applications are given herein below :—
(a) Candidates are required to apply online through the website of the Commission i. e http://www.jkpsc.nic.in. No other means/mode of application shall be accepted.
(b) Candidates are first required to go to the JKPSC website www.jkpsc.nic.in and click on the link "One Time Registration" No. 20] The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. 93 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––———
or click on Login menu if you have already created your profile with the JK PSC.
(c) After logging into your account, candidates are required to fill all the requisite fields of One Time Registration (OTR) i. e. personal information, contact information and educational qualification, service details ete.
(d) The candidate shall also be required to upload the image of date stamped recent passport size color photograph and signature. The photograph should not be taken earlier than 01-01-2021.
(e) Size of the photograph (passport size) and signature must
be between 10kB to 20kB in *.jpeg or *.jpg only.
(f) After successful submission of all the details in your OTR account, check the eligibility conditions as mentioned in the advertisement notification before applying for the post.
(g) Click on the "show examination" as shown against the
respective post/examination you want to apply.
(h) On Clicking on the "show examination" a window will appear on your computer screen. Select the month of the advertisement notification for which you want to apply, a link(s) for the post(s) will appear on the computer screen.
(i) An "APPLY" button is shown against the respective post and the candidates will click on the APPLY button against the post he/she is eligible.
(j) On clicking "APPLY" button, an instruction window will appear. Candidates should read instructions carefully before clicking on "APPLY" button at the bottom of the webpage.
(k) On clicking "APPLY" button, the system will display all facts/particulars that a candidate may have mentioned while filling up the necessary fields of his/her OTR account. Candidate shall fill up the remaining required fields in the application form and accept the declaration thereof.
(l) Once the candidate is satisfied about the correctness of the filled in details, then, he or she may click on "SUBMIT" button to finally push the data into server with successful submission report.
94 The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––
(m) On successful submission of the basic details, the candidates will be required to pay the online fee and uploading of the documents, for final submission of the online application form.
(n) Candidates can pay the requisite fee through online mode in the "SUBMITTED APPLICATIONS" menu in your account.
(o) After successful payment of the fee, the fee status will get reflected on the Online Application Form. Candidates can check the fee status by clicking on the Print Application Button in the submitted Applications menu in your JKPSC account. In case the payment status shows either "not submitted or under processing or status has not been reflected on your submitted application form", candidates(s) are advised to contact the JKPSC office at Solina, Srinagar/ Resham Ghar Colony, Jammu immediately for clarification. Further where the online fee is paid through other service providers the candidate must ensure that not only the amount of fee is debited from his/Service Provider's Account but also credited into the official account of JKPSC.
(p) The candidate would be able to get the printout of his/her submitted application only after the payment of the requisite fee and uploading of requisite documents viz. Date of Birth Certificate, Degree Certificate, Category Certificate and Domicile Certificate.
(q) The JKPSC will not undertake detailed scrutiny of applications for the eligibility and other aspects at the time of written examination and therefore, candidature will be accepted only provisionally. The candidates are advised to go through the requirements of educational qualification, age, etc. and satisfy themselves that they are eligible for the post(s). Copies of supporting documents will be sought at the time of document verification. When scrutiny is undertaken, if any claim if made in the application is not found/substantiated by proof, the candidature will be cancelled and the Commission's decision shall be final and binding.
(r) Please note that the above procedure is the only valid procedure for applying. No other mode of application or incomplete steps would be accepted and such applications would be rejected.
No. 20] The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. 95 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––———
13. Editing of the online application form :
Candidates who have successfully submitted the online application form along with requisite fee will be allowed to edit some of the
fields in their submitted online application form within three days
after the cut-of date i. e. from 29-08-2021 (12.00 A. M.) to 31-08-2021 (11.59 P. M.). Detailed instruction in this regard will be made available
on the website.
14. Action against candidates found guilty of misconduct :
Candidates are advised that they should not furnish any particulars
that are false or suppress any material information.
A candidate who is, or has been, declared by the Commission,
to be guilty of—
i. obtaining by wrongful support of his/her candidature by
any means ; or
ii. impersonating ; 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 any other irregular or improper means in connection with his/her candidature for the
selection ; or
vii. using unfair means during the test ; or
viii. writing irrelevant matter including obscene language or
pornographic matter, in the script(s) ; or
ix. misbehaving in any other manner in the examination
hall ; or
x. harassing or doing bodily harm to the staff employed by the Commission for the conduct of their test ; or
xi. 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 96 The J&K Official Gazette, 12th August, 2021/21st Srav., 1943. [No. 20 –––––––––––––––––––––––––––––––––––––––––––––––––––
himself/herself liable to criminal prosecution shall be liable—
(a) to be disqualified by the Commission from selection
for which he/she 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 Union Territory Government from any
employment under them ; and
(c) if he/she is already in service under Government, disciplinary action can be taken against him/her under the appropriate rules.
(Sd.) R. K. KATOCH, KAS,
Secretary, J&K Public Service Commission.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 16th March, 2021/25th Phal., 1942. [No. 50-d ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—REVENUE DEPARTMENT
Notification
Jammu, the 16th of March, 2021.
SO–94.—In exercise of powers conferred by section 78 of the
Registration Act, 1908, and in partial modification of Notification 2 The J&K Official Gazette, the 16th March, 2021/25th Phal., 1942. [No. 50-d ––––––––––––––––––––––––––––––––––––––––––––––––––––––
SO-243 of 2020 dated 04-08-2020, the Lieutenant Governor hereby
makes the following amendments in the said notification ; namely :—
In the Table ;
(i) in entry 1 under Category : 1, the words "and Mortgage
Deeds" shall be omitted ; and
(ii) after entry 1 under Category : I, the following entry shall be
inserted as 1a :—
"1a. Mortgage Deeds 1.2% of the amount of
the loan secured
This Notification shall come into force with immediate effect.
By order of Lieutenant Governor.
(Sd.) ...........................
Principal/Secretary to Government,
Revenue Department.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 18th Mar., 2021/27th Phal., 1942. [No. 51-a ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government–Notifications.
————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 18th of March, 2021.
SO–95.—In exercise of powers conferred by sub-section (2) of
Section 45 of the Unlawful Activities (Prevention) Act, 1967 and in
supersession of Notification SRO-247 dated 31st July, 2015, the 2 The J&K Official Gazette, 18th Mar., 2021/27th Phal., 1942. [No. 51-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––
Government of Jammu and Kashmir hereby appoints Deputy Legal
Remembrancer, Home Department dealing with the Prosecution Section
as the 'Authority' for the purpose of sub-section (2) of Section 45 of
the Unlawful Activities (Prevention) Act, 1967 in respect of offences
falling under Chapter III of the said Act.
By order to Government of Jammu and Kashmir.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 19th March, 2021/28th Phal., 1942. [No. 51-b ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government–Notifications.
————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 19th of March, 2021.
SO–96.—Whereas, on 24-09-2020 Kulgam Police received
reliable information with regard to transportation of illegal arms/
ammunition from Jammu Province to Kashmir Valley by the terrorists
for carrying out the terrorist activity in the valley. Subsequently nakas
were established within the District ; and 2 The J&K Official Gazette, 19th March, 2021/28th Phal., 1942. [No. 51-b ––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Whereas, during naka checking at Kurigam near Railway
Station, Qazigund, Police intercepted a vehicle bearing registration
No. JK13B-4213. During checking of the vehicle Police recovered
01 AK 47 rifle, 04 AK Magazines, 218 AK rounds, 01 NSR 97 Rifle,
04 NSR Magazines, 190 NSR rounds and cash amounting to Rs. 04 Lacs
from the vehicle and arrested one terrorist namely Nissar Ahmad Lone
S/o Ab. Salam R/o Heff Shirmal, Shopian along with his associate
namely Samiullah Check S/o Bashir Ahmad R/o Nowgam, Shopian who
were in the said vehicle ; and
3. Whereas, a Case FIR No. 266/2020 under sections 13, 16, 17,
18-B, 19, 20, 38, 39 Unlawful Activities (Prevention) Act 1967, came
to be registered in Police Station, Qazigund and investigation of the case
was set into motion ; and
4. Whereas, during the course of investigation, site plan of place
of occurrence and seizure memo was prepared and statement of
witnesses acquainted with the facts and circumstances of the case were
recorded under the relevant provisions of law ; and
5. Whereas, during investigation accused terrorist Nissar Ahmad
disclosed that he along with his associate Saimullah Check acquired the
illegal arms/ammunition and cash lacs from Kathua area which was
dropped by the drone in the said area. The accused disclosed that he
was directed to hand over the illegal arms/ammunition to one accused
namely Rayees Ahmad Dar S/o Gh. Hassan R/o Churat, Qazigund who
was working for the LeT outfit. Subsequently, the accused was arrested
in the case and during investigation 17 rounds of AK 47 rifle were
recovered at his instance ; and
6. Whereas, during further investigation accused Rayees Ahmad
disclosed that he was in constant touch with the LeT terrorist namely
Mohammad Abass Sheikh S/o Gh. Hassan R/o Rampora, Qaimoh and
was transporting illegal arms/ammunition from one place to another on
his directions. The accused further disclosed that he was directed by
the said terrorist to receive the accused Nissar Ahmad and Saimullah
Check along with the illegal arms/ammunition acquired by them from
Kathua area ; and
7. Whereas, during investigation it was revealed that the accused
persons Saimullah Check and Rayees Ahmad Dar were working as No. 51-b] The J&K Official Gazette, 19th March., 2021/28th Phal., 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
OGWs for the above terrorists and were facilitating the terrorists for
transportation of illegal arms/ammunition for further distribution among
the terrorists of the LeT outfit ; and
8. Whereas, on the basis of investigation, statement of witnesses
recorded and other evidence collected, the investigating officer has
prima facie established involvement of the below mentioned accused
persons for commission of offences punishable under section(s) as
shown against each of Unlawful Activities (Prevention) Act, 1967 :—
S. No. Name of the accused Offence
————————————————————————————
1. Nisar Ahmad Lone S/o Ab. Salam 16, 17, 18, 18-B,
Lone R/o Heff Shirmal, Shopian. 20, 23
ULA(P) Act.
2. Samiullah Check S/o Bashir Ahmad 13, 18, 23, 39
R/o Nowgam, Shopian. ULA(P) Act.
3. Rayees Ahmad Dar S/o Gh. Hassan
R/o Churat, Qazigund.
4. Mohammad Abass Sheikh S/o Gh. 18, 18-B, 20
Hassan R/o Rampora, Qaimoh. ULA(P) Act.
9. Whereas, the accused Mohammad Abass Sheikh is active
terrorist and is absconding against whom proceedings under section 299
Cr. PC. have been proposed to be initiated ; and
10. Whereas, the Authority appointed by the Government under
sub-section (2) of Section 45 of the Unlawful Activities (Prevention)
Act, 1967 has independently examined the Case Diary File and all the
other relevant documents relating to the case and has come to
the conclusion that prima facie case is made out against the above
accused ; and
11. Whereas, after perusing the Case Diary File, the relevant
documents and also taking into consideration the views of the Authority
appointed under sub-section (2) of Section 45 of the Unlawful Activities
(Prevention) Act, 1967, the Government is of the view that there is
sufficient material and evidence available against the above mentioned
accused for their prosecution under the provisions of law.
4 The J&K Official Gazette, 19th March, 2021/28th Phal., 1942. [No. 51-b ––––––––––––––––––––––––––––––––––––––––––––––––––––––
Now, therefore, in exercise of powers conferred by sub-section (2)
of Section 45 of the Unlawful Activities (Prevention) Act, 1967, the
Government hereby accords sanction for launching prosecution against
the above mentioned accused for the commission of offences punishable
under sections 13, 16, 17, 18, 18-B, 20, 23, 39 ULA (P) Act, in the case
FIR No. 266/2020 of Police Station, Qazigund.
By order of the Government of Jammu and Kashmir.
(Sd.) ..........................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 19th March, 2021/28th Phal., 1942. [No. 51-c ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government–Notifications.
————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—TRANSPORT DEPARTMENT
Notification
Jammu, the 19th of March, 2021.
SO–97.—In exercise of powers conferred by sub-section (1) of
section 67 of the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988),
and in partial modification of notification SRO-341 dated 10th August, 2 The J&K Official Gazette, 19th March, 2021/28th Phal., 1942. [No. 51-c ––––––––––––––––––––––––––––––––––––––––––––––––––––––
2018, the Governmnent of Jammu and Kashmir hereby direct the
State Transport Authority to fix the maximum chargeable fare in respect
of following types of commercial passenger vehicles as per the
percentage of fare hike (over and above the rates as notified vide
notification SRO-341 dated 10th August, 2018) shown against each
category :—
S. No. Type of Vehicle Fare Hike%
————————————————————————————
I. Big Busses (Stage Carriages) 19%
II. Medium/Mini Buses (Stage Carriages) 19%
III. Taxi/Maxi Cab (Buses Model Contract 19%
Carriages like ; Sumo, Bolero, Tata Indica,
Swift, Tata Winger, Tempo Traveler etc.)
IV. Taxi/Maxi Cabs (Medium segment tourist 19%
Taxi/Maxi Cab contract carriages like ;
Tavera, Scorpio, Qualis, Xylo etc.)
V. Taxi/Maxi Cabs (Premium class Tourist 19%
Taxi/Maxi Cab contract Carriages like
Innova, Fortuner etc.)
VI. Auto Rickshaw viz. Tata Magic (Auto) 19%
By order of the Government of Jammu and Kashmir.
(Sd.) HIRDESH KUMAR, IAS,
Commissioner/Secretary to Government,
Transport Department.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 19th March, 2021/28th Phal., 1942. [No. 51-d ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government–Notifications.
————
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—GENERAL ADMINISTRATION DEPARTMENT
Notification
Jammu, the 19th of March, 2021.
SO–98.—In exercise of powers conferred by Section 4 of the
Jammu and Kashmir Public Services Guarantee Act, 2011 (Act No. IX 2 The J&K Official Gazette, 19th March, 2021/28th Phal., 1942. [No. 51-d ––––––––––––––––––––––––––––––––––––––––––––––––––––––
of 2011), the Government hereby notifies the following service and the
designated officers/appellate authorities for the Mining Department as
under :—
S. Name of the Designated Stipulated First Second
No. service officer time frame Appellate Appellate
for providing Authority Authority
service
——————————————————————————————
1. NOC for Deputy 30 days Divisional Financial
Revenue.
establishing/ Commissioner Commissioner Commissioner, operating Stone
Crusher Unit
By order of the Lieutenant Governor.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to Government.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 24th March, 2021/3rd Chai., 1943. [No. 51-m ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—TRANSPORT DEPARTMENT
Notification
Jammu, the 24th March, 2021.
SO–107.—Whereas, a draft of the amendments in rule 274-A of
J&K Motor Vehicle Rules, 1991 was published vide Notification
SO-390 of 2020 dated 21st of December, 2020 as required under
sub-section (1) of section 212 of Motor Vehicles Act, 1988 in the
Official Gazette inviting objections and suggestions from all persons
likely to be affected thereby, before expiry of six weeks from the date
on which the copies of the Official Gazette containing the said
notification was made available to the public ; and 2 The J&K Official Gazette, 24th March, 2021/3rd Chai., 1943. [No. 51-m –––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, objections and suggestions, received from the public on the said draft amendments were considered by the Government of Jammu and Kashmir.
Now, therefore, in exercise of the powers conferred by Section 111 read with sub-section 3(b) of section 110 and Section 212 of the Motor Vehicles Act, 1988 (59 of 1988) and all other enabling provisions in this behalf, the Government of Jammu and Kashmir hereby make the following amendments in the Jammu and Kashmir Motor Vehicles Rules, 1991 :—
In rule 274–A :—
(i) in sub-rule (1) for the words "No Commercial Vehicle", the words "No Vehicle" and for the words and sign "duly approved by an Empowered Committes to be appointed by t he Gover nment . T he s a id C ommit tee s ha ll hold r egula r meetings a nd p r oc eedings t her eof s ha ll b e communica ted to the Gover nment", the wor ds a nd figur e " by the Tr a nspor t Commissioner, Ja mmu a nd Kashmir on the production of type approval certificate and Form-22" shall be substituted.
(ii) in sub-rule (2) :—
(a) the words, "Empowered Committee through"
shall be omitted ;
(b) for the words "besides approved auto Cade/ schematic drawings", the words and figures "along with Form-22" shall be substituted.
(iii) in sub-rule (3) for the words "Non-Commercial vehicles",
the word "Vehicle" shall be substituted.
(iv) sub-rule (6) shall be omitted.
By order of the Government of Jammu and Kashmir.
(Sd.) HIRDESH KUMAR, IAS,
Commissioner/Secretary to Government, Transport Department.
EXTRAORDINARY REGD. NO. JK––33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 26th March, 2021/5th Chai., 1943. [No. 52-d –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government–Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 26th March, 2021.
SO–111.—Whereas, on 14-08-2021, Srinagar Police received
reliable information that some unknown terroists fired upon Police and
SSB Party deployed for Law and Order duty at Gulshan Nagar,
Nowgam resulting in serious injuries to three Policemen and the
terrorists also santched one service rifle from one injured Police
personnel. Subsequently, two Police personnel succumbed to their
injuries at the hospital ; and
2. Whereas, a Case FIR No. 117/2020 inter alia registered under
sections 16, 18 Unlawful Activities (Prevention) Act 1967, in Police
Station Nowgam and investigation of the case was set into motion ;
and 2 The J&K Official Gazette, 26th March, 2021/5th Chai., 1943. [No. 52-d ––––––––––––––––––––––––––––––––––––––––––––––––––––––
3. Whereas, during investigation, site plan of place of
occurance and seizure memo was prepared and statement of witnesses acquainted with the facts and circumstances of the case were recorded under the relevant provisions of law ; and
4. Whereas, during the course of investigation, one Faisal Ahmad Ganie S/o Mushtaq Ahmad Ganie R/o Ganie Mohalla, Shankerpora, whose identity card was seized from the place of occurrence was arrested in connection with the case. The accused persons disclosed that on 13th August, 2020 two persons namely Shakir Ahmad Dar R/o Marvel and Waseem Ahmad Ganie R/o Chattergam came to his residential house and asked him to arrange accommodation and other logistic items for the terrorists and for this he voluntarily agreed and he further disclosed that he along with above two persons went to Chattergam and collected two terrorists identified as Adil Ahmad R/o Larve Kakapora and Saifullah R/o Pakistan and hid them in residential house of accused Faisal Ahmad Ganie ; and
5. Whereas, during further investigation, the accused Faisal Ahmad disclosed that on 14-08-2020 he along with accused Shakir Ahmad, Waseem Ahmad and above two terrorists went to Gulshan Nagar, Nowgam where terrorist Saifullah fired upon the Police and SSB Party and terrorist Adil Ahmad snatched service rifle from one injured police personnel and all the accused fled away from the spot ; and
6. Whereas, during investigation it was revealed that the accused persons Faisal Ahmad, Waseem Ahmad and Shakir Ahmad were working as OGWs for the terrorists of LeT outfit active in the area and were providing shelter/logistic support and transportation facilities to the terrorists. The accused persons under the criminal conspiracy had facilitated the terrorists for carrying out the attack on the Police and SSB Party which resulted in the death of two Police Personnel at Gulshan Nagar, Nowgam ; and
7. Whereas, the accused terrorists Adil Ahmad Bhat R/O Larve Kakapora and Saisuallah R/o Pakistan have been killed in the different encounters with security forces and the snatched service rifle of killed police personnel was recovered from their possession ; and
8. Whereas, on the basic of investigation, of witnesses recorded and other evidence collected, the Investigating Officer has prima facie established involement of the accused persons for commission of No. 52-d] The J&K Official Gazette, 26th March, 2021/5th Chai., 1943. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– offences punishable under various section(s) as shown against each of the Unlawful Activities (Prevention) Act, 1967 ; and
S. No. Name of the accused Offence
————————————————————————————
1. Faisal Ahmad Ganie S/o Mushtaq 13, 18, 19, 39
Ahmad R/o Ganie Mohalla, ULA (P) Act.
Shankerpora
2. Waseem Ahmad Ganie S/o Ab. 13, 18, 39
Rashid R/o Ganie Mohallah, ULA (P) Act
Chattergam
3. Shakir Ahmad Dar S/o Ali
Mohammad R/o Marvel, Kakapora
9. Whereas, the Authority appointed by the Government under sub-section (2) of Section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the case diary file and all the other relevant documents relating to the case and has come to the conclusion that prima facie case is made out against the accused persons ; and
10. Whereas, after perusing the Case Diary file, the relevant documents and also taking into consideration the views of the Authority appointed under sub-section (2) of Section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above-mentioned accused for their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-section (2) of Section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government hereby accords sanction for launching prosecution against the above-mentioned accused persons for the commission of offences punishable under sections 13, 18, 19, 39 ULA(P) Act, in the case FIR No. 117/2020 of Police Station, Nowgam.
By order of the Government of Jammu and Kashmir.
(Sd.) ............................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Tue., the 29th June, 2021/8th Asad., 1943. [No. 13-2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––C
Notifications, Notices and Orders by the Election Commission.
––––––
STATE ELECTION COMMISSION
UT OF JAMMU AND KASHMIR,
NIRVACHAN BHAWAN, RAIL HEAD COMPLEX, JAMMU.
Corrigendum to Notification No. EA/Pyt/2020/14 dated 23-11-2020.
In partial modification to Notification No. EA/Pyt/2020/14 dated
23-11-2020 read with corrigendum issued vide No. 54/SEC/Pyt/2020 dated
04-03-2021, 54/SEC/Pyt/2020 dated 26-03-2021 and 54/SEC/Pyt/2021
dated 28-04-2021 and in exercise of powers conferred under section 36 of
Jammu and Kashmir Panchayati Raj Act, 1989, read along with rule 108-G
of the Jammu and Kashmir Panchayati Raj Rules, 1996, it is hereby ordered 2 The J&K Official Gazette, 29th June, 2021/8th Asad., 1943. [No. 13-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– that the date appearing at clause (h) i. e. 'the date before which the election
shall be completed', of the said notification shall be deemed to have been
extended to 31st of August, 2021 in respect of District Development
Council, Constituency Hajin-A appearing at S. No. 10 of the Annexure to
the said notification, in view of deferring of counting of votes in the DDC
Constituency Hajin-A, Bandipora vide Election Authority Communication
No. 54/SEC/Pyt/2020/1867 dated 22-12-2020 addressed to District
Panchayat Election Officer, Bandipora and subsequent Order No. 06/SEC/
DDC/2021 dated 05-03-2021 related to re-poll in the said constituency.
(Sd.) K. K. SHARMA, IAS (RETD.),
State Election Commissioner,
Election Authority,
J&K Panchayati Raj Act, 1989.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 22nd Dec., 2020/1st Pausa, 1942. [No. 38-k ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—DEPARTMENT OF MINING
Notification
Jammu, the 22nd of December, 2020.
SO–391.—In exercise of the powers conferred by Section 15 read with Section 23C of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957), the Government
hereby direct that proviso to clause (vi) of sub-rule (1) of rule 56 of 2 The J&K Official Gazette, 22nd Dec., 2020/1st Pausa, 1942. [No. 38-k –––––––––––––––––––––––––––––––––––––––––––––––––––––– the Jammu and Kashmir Minor Mineral Concession, Storage,
Transportation of Minerals and Prevention of Illegal Mining Rules, 2016
shall be substituted as under :—
"Provided that in emergent situation, the Administrative
Secretary, Mining Department, in the interest of Major
Developmental Projects of Indian Railways, National
Highway Authority of India (NHAI) and Airports
Authority of India (AAI), including their subsidiary companies
such as IRCON, KRCL and NHIDCL, subject to statutory
clearances including environmental safeguards, may grant
Short-Term Permit to their Principal Executing Agencies
based on the certification of the concerned authorities up
to 31-12-2021."
By order of the Government of Jammu and Kashmir.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
EXTRAORDINARY REGD. NO. JK–33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Tue., the 29th June, 2021/8th Asad., 1943. [No. 13-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––C
Notifications, Notices and Orders by the Election Commission.
––––––
STATE ELECTION COMMISSION UT OF JAMMU AND KASHMIR, NIRVACHAN BHAWAN, RAIL HEAD COMPLEX, JAMMU.
Corrigendum to Notification No. EA/Pyt/2020/09 Dated 13-11-2020.
In partial modification to Notification No. EA/Pyt/2020/09 dated 13-11-2020 read with corrigendum issued vide No. 53/SEC/Pyt/2020 dated
04-03-2021, 53/SEC/Pyt/2020 dated 26-03-2021 and 53/SEC/Pyt/2021 dated 28-04-2021, and in exercise of powers conferred under section 36 of Jammu and Kashmir Panchayati Raj Act, 1989, read along with rule 108-G of the Jammu and Kashmir Panchayati Raj Rules, 1996, it is hereby ordered 2 The J&K Official Gazette, 29th June, 2021/8th Asad., 1943. [No. 13-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––– that the date appearing at clause (h) i. e. 'the date before which the election shall be completed', of the said notification shall be deemed to have been extended to 31st of August, 2021 in respect of District Development Council, Constituency Drugmulla appearing at S. No. 10 of the Annexure to the said notification, in view of deferring of counting of votes in the DDC Constituency Drugmulla, Kupwara vide Election Authority
Communication No. 53/SEC/Pyt/2020/1868 dated 22-12-2020 addressed to District Panchayat Election Officer, Kupwara and subsequent Order No. 05/SEC/DDC/2021 dated 05-03-2021 related to re-poll in the said constituency.
(Sd.) K. K. SHARMA, IAS (RETD.),
State Election Commissioner, Election Authority, J&K Panchayati Raj.
EXTRAORDINARY REGD. NO. JK––33
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 125] Jammu, Fri., the 26th March., 2021/5th Chai., 1943 [No.52-c –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government–Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 26th March, 2021.
SO–110 —Whereas, on on 5-10-2020 CID CIK, Kashmir received
reliable information about the transportation of arms/ammunition from
Jammu to Kashmir Province by a terrorist organization. Subsequently,
naka was established in the area ; and
2. Whereas, during naka checking at Lower Munda, Qazigund
Police intercepted a vehicle (TATA Mobil-407) for checking and during
checking Police recovered 02 AK rifles, 05 AK Magazines, 117 AK
rounds, 02 Pistols, 04 Pistol, Magazines and 32 Pistol rounds from the
said vehicle and arrested driver of the vehicle namely Mohamamd
Mustaqeem Ahanger S/o Gh. Moharmmad R/0 Nageenpora, Tral ; and 2 The J&K Official Gazette, 26th March, 2021/5th Chai., 1943. [No. 52-c –––––––––––––––––––––––––––––––––––––––––––––––––––––– 3. Whereas, a Case FIR No. 13/2020 Under section 13,16,18 Unlawful Activities (Prevention) Act, 1967, came to be registered in Police Station CIK, Srinagar and investigation of the case was set into motion ; and
4. Whereas, during the course of investigation, site plan of place of occurrence and seizure memo was prepared and statement of witnesses acquainted with the facts and circumstances of the case were recorded under the relevant provisions of law ; and
5. Whereas, during further investigation, it was revealed that the accused was in constant touch with a Pakistani based terrorist namely Bilal Khan @ Khalid through the social media and was working for the said terrorist and on the directions of the terrorist the accused procured the arms/ammunition from Surankote Poonch area for further distributions
among the terrorists active in the Tral area ; and
6. Whereas, on the basis of investigation, statement of witnesses recorded and other evidence collected, the Investigating officer has prima facie established involvement of the below mentioned accused
person for commission of Offences punishable under section(s) as
shown against his name of the Unlawful Activities (Prevention) Act, 1967 :—
S. No. Name of the accused Offence
————————————————————————————
1. Mohammad Mustaqeem Ahanger S/o 13, 23, 39
Gh. Mohammad Ahanger R/o ULA (P) Act
Nageenpora Tral.
7. Whereas, the Authority appointed by the Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the case diary file and all the other relevant documents relating to the case and has come to the conclusion that Prima facie is made out against the above accused ; and
8. Whereas, after perusing the Case Diary file, the relevant documents and also taking into consideration the views of the Authority appointed under sub-section (2) of Section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above mentioned accused for his prosecution under the provisions of law.
No. 52-c] The J&K Official Gazette, 26th March, 2021/5th Chai., 1943. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government hereby accords section for launching prosecution against the above mentioned accused for the commission of offences punishable under section 13, 18, 23, 39 ULA (P) Act, in the case FIR No. 13/ 2020 of Police Station CIK, Srinagar .
By order of the Government of Jammu &Kashmir
(Sd.) .................................
Principal Secretary to Government Home Department.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU & KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Mon., the 14th Dec., 2020/23rd Agra., 1942. [No. 37-a ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government—Notifications.
————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 14th December, 2020.
SO–377.—Whereas, on 15-06-2018, Police Kulgam received
reliable information that one lady namely Mst. Naseema Bano W/o
Abdul Salam Sheikh R/o Rampora, Qaimoh was working as OGW for
the terrorists of HM outfit active in the area ; and
2. Whereas, the accused was providing shelter and logistic
support to the terrorists and was also managing supply of the illegal
arms/ammunition to the HM terrorists from one place to another, besides 2 The J&K Official Gazette, 14th Dec., 2020/23rd Agra., 1942. [No. 37-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––
the monthly honorarium payments/funds were being distributed among
the terrorists through the said accused ; and
3. Whereas, a Case FIR No. 30/2018 under sections 13, 23, 39
Unlawful Activities (Prevention) Act, 1967, came to be registered in
Police Station, Qaimoh and investigation was set into monion ; and
4. Whereas, during the course of investigation the statement of
witnesses acquainted with the facts and circumstances of the case were
recorded under the relevant provisions of law ; and
5. Whereas, during investigation a photograph of the accused
along with with illegal weapon which was made viral on social media
along with her son (an active terrorist of HM outfit) was seized in the
case. Subsequently the accused was arrested in connection with the
case and she disclosed that she was working as OGW for the terrorists
of HM outfit and on her disclosure some incriminating material and
24 AK rounds were recovered from her possession ; and
6. Whereas, during the further course of investigation it was
revealed that the accused was working as active OGW for the terrorists
of HM outfit and was providing shelter logistic support to the terrorists
of said outfit, besides was found managing the supply/transportation of
illegal arms/ammunition for the terrorists. The accused was found to
be instigating the youth of the area to join the HM outfit and hatching
of criminal conspiracy with the terrorists for carrying out the unlawful/
anti-national activities in the area ; and
7. Whereas, on the basis of investigation, statement of witnesses
recorded and other evidence collected, the Investigating Officer has
prima facie established involvement of the below mentioned accused
for commission of offences punishable under section(s) as shown
against her name of Unlawful Activities (Prevention) Act, 1967 :—
S. No. Name of the accused Offence
————————————————————————————
1 Mst. Naseema Bano W/o Abdul Salam 13, 23, 39
Sheikh R/o Rampora, Qaimoh ULA (P) Act No. 37-a ] The J&K Official Gazette, 14th Dec., 2020/23rd Agra., 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
8. Whereas, the Authority appointed by the Government under
sub-section (2) of Section 45 of the Unlawful Activities (Prevention)
Act, 1967 has independently examined the case Diary file and all
the other relevant documents relating to the case and has come to
the conclusion that prima facie case is made out against the above
accused ; and
9. Whereas, after perusing the Case Diary File, the relevant
documents and also taking into consideration the views of the Authority
appointed under sub-section (2) of Section 45 of the Unlawful Activities
(Prevention) Act, 1967, the Government is of the view that there is
sufficient material and evidence available against the above-mentioned
accused for her prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-
section (2) of Section 45 of the Unlawful Activities (Prevention) Act,
1967, the Government hereby accords sanction for launching prosecution
against the above-mentioned accused for the commission of offences
punishable under sections 13, 23, 39 ULA (P) Act, in the case FIR No.
30/2018 of Police Station, Qaimoh.
By order of the Government of Jammu and Kashmir.
(Sd.) .......................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU & KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 15th Dec., 2020/24th Agra., 1942. [No. 37-b ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government—Notifications.
————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 15th December, 2020.
SO–378.—Whereas, on 05-06-2020, Rajouri Police received
reliable information about the presence of terrorists in Gen Mehari,
Kalakote area. A joint search operation was launched by the security
forces ; and
2. Whereas, during search the terrorists started indiscriminate
firing on the security forces. The fire was retailated and during fire 2 The J&K Official Gazette, 15th Dec., 2020/24th Agra., 1942. [No. 37-b ––––––––––––––––––––––––––––––––––––––––––––––––––––––
fighting one unidentified terrorist was killed. During encounter Police
recovered 01 AK 47 rifle, 03 AK Magazines, 58 AK rounds and 04
Chinese Hand Grenades from the possession of killed terrorist ; and
3. Whereas, Case FIR No. 45/2020 under sections 16, 18, 19, 39
Unlawful Activities (Prevention) Act, 1967, came to be registered in
Police Station, Kalakote and investigation was set into motion ; and
4. Whereas, during investigation the site plan of place of
occurance and seizure memo was prepared and statement of witnesses
acquainted with the facts and circumstances of the case were recorded
under the relevant provisions of law ; and
5. Whereas, during the course of investigation two persons
namely Mohammad Ismail S/o Haleem and Mohammad Reyaz S/o
Mohammad Ismail R/o Mehari, Kalakote were arrested in connection
with the case. The accused disclosed that their relative namely
Mohammad Hussain @ Qasim S/o Mohammad Ismail R/o Barota,
Kalakote had joined terrorist outfit LeT in the year 1997 and crossed
the LoC and was presently settled in PoK ; and
6. Whereas, the accused disclosed that in the month of March,
2020 the said terrorist Mohammad Hussain @ Qasim contacted the
accused persons and told them that he will depute a terrorist to their
house and directed the accused to harbour the terrorist in their house
and provide him logistic support during his stay in their house ; and
7. Whereas, the accused further disclosed that after infiltration of
the said terrorist he came to their house and the accused persons had
harboured the terrorist and provided him logistic support. The accused
terrorist provided Rs. 1.10 lacs to both accused persons for arranging
food items for the terrorist and also handed over a bag containing
some arms/ammunition with the directions to hide the bag in an isolated
place ; and
8. Whereas, during investigation Police recovered arms/ammunition
viz. 04 AK Magazines, 90 AK rounds, 01 Chinese Pistol, 02 Pistol
Magazine, 37 Pistol Rounds, 01 Chinese Grenade, 01 UBGL, 06 UBGL No. 37-b] The J&K Official Gazette, 15th Dec., 2020/24th Agra., 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
shells, 01 Binocular and some medicines manufactured by
Irza Pharmaceutical, Lahore on the disclosure of above two accused
persons ; and
9. Whereas, during investigation it was revealed that the accused
persons namely Mohammad Ismail and Mohammad Reyaz under
criminal conspiracy were harbouring the terrorist in their house and
provided him logistic support in order to carry out the terrorists activities
by the said terrorist in the area ; and
10. Whereas, on the basis of investigation, statement of witnesses
recorded and other evidence collected, the Investigating Officer
has prima facie established involvement of the below mentioned
accused persons for commission of offences punishable under
section(s) as shown against each of Unlawful Activities (Prevention)
Act, 1967 :—
S. No. Name of the accused Offence
————————————————————————————
1. Mohammad Ismail S/o Haleem 16, 18, 19, 39
Bakarwal R/o Mehari Khadrota, ULA (P) Act
Kalakote.
2. Mohammad Reyaz S/o Mohammad
Ismail R/o Mehari Khadrota, Kalakote
11. Whereas, the Authority appointed by the Government under
sub-section (2) of Section 45 of the Unlawful Activities (Prevention)
Act, 1967 has independently examined the Case Diary File and all
the other relevant documents relating to the case and has come to
the conclusion that prima facie case is made out against the above
accused ; and
12. Whereas, after perusing the Case Diary File, the relevant
documents and also taking into consideration the views of the Authority
appointed under sub-section (2) of Section 45 of the Unlawful Activities
(Prevention) Act, 1967, the Government is of the view that there is
sufficient material and evidence available against the above-mentioned
accused for their prosecution under the provisions of law.
4 The J&K Official Gazette, 15th Dec., 2020/24th Agra., 1942. [No. 37-b ––––––––––––––––––––––––––––––––––––––––––––––––––––––
Now, therefore, in exercise of powers conferred by sub-section
(2) of Section 45 of the Unlawful Activities (Prevention) Act, 1967, the
Government hereby accords sanction for launching prosecution against
the above-mentioned accused for the commission of offences punish-
able under sections 16, 18, 19, 39 ULA (P) Act, in the case FIR No.
45/2020 of Police Station, Kalakote.
By order of the Government of Jammu and Kashmir.
(Sd.) ........................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK––33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 17th Dec., 2020/26th Agra., 1942. [No. 38-h –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government–Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—FINANCE DEPARTMENT
Notification
Jammu, the 17th December, 2020.
SO–387.—In exercise of the powers conferred by proviso to
sub-section (1) of section 39 read with proviso to sub-section (7) of
section 39 of the Jammu and Kashmir Goods and Services Tax Act,
2017 (Act No. V of 2017) (hereafter in this notification referred to as
the said Act), the Government on the recommendations of the Council,
hereby notifies the registered persons, other than a person referred to
in section 14 of the Integrated Goods and Services Tax Act, 2017
(13 of 2017), having an aggregate turnover of up to five crore rupees
in the preceding financial year, and who have opted to furnish a return
for every quarter, under sub-rule (1) of rule 61A of the Jammu and
Kashmir Goods and Services Tax Rules, 2017 (hereafter in this
notification referred to as the said rules) as the class of persons who
shall, subject to the following conditions and restrictions, furnish a return
for every quarter from January, 2021 onwards, and pay the tax due 2 The J&K Official Gazette, 17th Dec., 2020/26th Agra., 1942. [No. 38-h ––––––––––––––––––––––––––––––––––––––––––––––––––––––
every month in accordance with the proviso to sub-section (7) of section
39 of the said Act, namely :—
(i) the return for the preceding month, as due on the date of exercising such option, has been furnished ;
(ii) where such option has been exercised once, they shall continue to furnish the return as per the selected option for future tax periods, unless they revise the same.
(2) A registered person whose aggregate turnover crosses five crore rupees during a quarter in a financial year shall not be eligible for furnishing of return on quarterly basis from the first month of the succeeding quarter.
(3) For the registered person falling in the class specified in column (2) of the Table below, who have furnished the return for the tax period October, 2020 on or before 30th November, 2020 it shall be deemed that they have opted under sub-rule (1) of rule 61A of the said rules for the monthly or quarterly furnishing of return as mentioned in column (3) of the said Table :—
Table
S. No. Class of registered person Deemed
Option
———————————————————————————— 1 2 3 ————————————————————————————
1. Registered persons having aggregate Quarterly
turnover of up to 1.5 crore rupees, return who have furnished FORM GSTR-1 on qua rter ly basis in the curr ent financial year
2. Registered persons having aggregate Monthly
turnover of up to 1.5 crore rupees, return who have furnished FORM GSTR-1 on monthly basis in the current financial year.
3. Registered persons having aggregate Quarterly
turnover more than 1.5 crore rupees return and up to 5 crore rupees in the preceding financial year.
No. 38-h] The J&K Official Gazette, 17th Dec., 2020/26th Agra., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– (4) The registered persons referred to in column (2) of the said Table, may change the default option electronically, on the common portal, during the period from the 5th day of December, 2020 to the 31st day of January, 2021.
This notification shall deemed to have been issued on
10th November, 2020.
(Sd.) DR. ARUN KUMAR MEHTA, IAS,
Financial Commissioner,
Finance Department.
EXTRAORDINARY REGD. NO. JK––33
T H E
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 24th Dec., 2020/3rd Pausa, 1942. [No. 39-e ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government–Notifications.
————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 24th December, 2020.
SO–394.—Whereas, on 24-3-2020, Police received reliable
information that a local terrorist of LeT outfit namely Saleem Parray,
along with some foreign terrorists namely Hyder, Talha, Hamza, Abu
Ismail @ Muslim and accompanied with some other unknown terrorists 2 The J&K Official Gazette, 24th Dec., 2020/3rd Pausa, 1942. [No. 39-e –––––––––––––––––––––––––––––––––––––––––––––––––––––– of JeM and HM outfit equipped with illegal arms/ammunition were in
preparation to carry out attacks on Police/Security Forces in the area
of Bandipora under jurisdiction of Police Station, Hajin ; and
2. Whereas, a case FIR No. 09/2020 under sections 13, 18, 19,
20, 23, 39 of Unlawful Activities (Prevention) Act, 1967, came to be
registered in Police Station, Hajin and investigation was set into
motion ; and
3. Whereas, during course of investigation two accused persons
namely Mudasir Ahmad Khawaja S/o Gulzar Ahmad R/o Yarbalpora,
Sodnara and Ab. Qayoom Margoo S/o Ab. Khaliq R/o Yarbalpora,
Sodnara were arrested in connection with the case. The accused
disclosed that they were working as associates with the LeT terrorists
and were providing food/shelter to the active LeT terrorists in the
area ; and
4. Whereas, the accused persons further disclosed that they were
transporting illegal arms/ammunition to the terrorists active in Hajin and
its adjacent areas to carry out the attacks on the Police/Security Forces.
Consequent to their disclosure, Police recovered 01 Hand Grenade,
01 AK47 Magazine, 25 AK rounds, 01 Matrix Sheet and 01 UBGL
thrower ; and
5. Whereas, during further investigation both the accused persons
disclosed that one Ishfaq Ahmad Dar @ Ishi Jung S/o Ab. Raheem
R/o SK Bala was also working as OGW with the terrorists of LeT outfit.
Subsequently, the accused Ishfaq Ahmad Dar was arrested in the case
and he disclosed that he was facilitating the food and shelter to
the terrorists besides transporting the arms/ammunition to the terrorists
active in Hajin and other adjacent locations. Consequent to his disclosure
one Hand Grenade was recovered from his residential house ; and
6. Whereas, during investigation, seizure memo of recovered
arms/ammunition was prepared and statement of witnesses acquainted
with the facts and circumstances of the case were recorded under the
relevant provisions of law ; and No. 39-e ] The J&K Official Gazette, 24th Dec., 2020/3rd Pausa, 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
7. Whereas, during investigation it was revealed that the accused
persons were working as OGWs for the LeT terrorists active in the
area and were providing logistic support besides transportation facilities
to the terrorists and were voluntarily harbouring the terrorists of LeT
outfit including the foreign terrorists ; and
8. Whereas, on the basis of investigation, statement of witnesses
recorded and other evidence collected, the Investigating Officer has
prima facie established involvement of the below mentioned accused
persons for commission of offences punishable under section(s) as
shown against each of Unlawful Activities (Prevention) Act, 1967 :—
S. No. Name of the accused Offence
————————————————————————————
1 . Mudasir Ahmad Khawaja S/o Gulzar 13, 18, 19, 23, 39
Ahmad R/o Yarbalpora, Sodnara of ULA(P) Act
2. Ab. Qayoom Margoo S/o Ab. Khaliq
R/o Yarbalpora, Sodnara
3. Ishfaq Ahmad Dar S/o Ab. Raheem Dar
R/o Sader Kote, Bala
4. Mohammad Saleem Paray @ Bila 18, 20, 23
Battery S/o Gh. Mohammad R/o ULA(P) Act
Parray Mohalla, Hajin
5. Hyder (Foreigner)
6. Talha (Foreigner)
7. Hamza (Foreigner)
8. Abu Ismail (Foreigner)
9. Muslim (Foreigner)
9. Whereas, the accused figuring from S. No. 04 to 09 above are
absconding and proceedings under section 299 Cr. P. C. have been
initiated against them ; and 4 The J&K Official Gazette, 24th Dec., 2020/3rd Pausa, 1942. [No. 39-e ––––––––––––––––––––––––––––––––––––––––––––––––––––––
10. Whereas, the Authority appointed by the Government under
sub-section (2) of Section 45 of the Unlawful Activities (Prevention)
Act, 1967 has independently examined the Case Diary File and all the
other relevant documents relating to the case and has come to the
conclusion that prima facie case is made out against the above accused ;
and
11. Whereas, after perusing the Case Diary File, the relevant
documents and also taking into consideration the views of the Authority
appointed under sub-section (2) of Section 45 of the Unlawful Activities
(Prevention) Act, 1967, the Government is of the view that there is
sufficient material and evidence available against the above-mentioned
accused for their prosecution under the provisions of law.
Now, therefore, in exercise of powers conferred by sub-
section (2) of Section 45 of the Unlawful Activities (Prevention) Act,
1967, the Government hereby accords sanction for launching
prosecution against the above-mentioned accused for the commission
of offences punishable under sections 13, 18, 19, 20, 23, 39 of ULA (P)
Act, in the case FIR No. 09/2020 of Police Station, Hajin.
By order of the Government of Jammu and Kashmir.
(Sd.) ..................................
Principal Secretary to Government,
Home Department.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Tue., the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 4th April, 2021/Chaitra 14, 1943 (Saka).
THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ORDINANCE, 2021
(No. 3 of 2021)
Promulgated by the President in the Seventy-second Year of the
Republic of India.
An Ordinance further to amend the Insolvency and Bankruptcy
Code, 2016.
WHEREAS COVID-19 pandemic has impacted businesses, financial markets and economies all over the world, including India, and has 2 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
impacted the business operations of micro, small and medium enterprises and exposed many of them to financial distress ;
AND WHEREAS the Government has taken several measures to
mitigate the distress caused by the pandemic, including increasing the minimum amount of default for initiation of corporate insolvency resolution process to one crore rupees, and suspending filing of applications for initiation of corporate insolvency resolution process in respect of the defaults arising during the period of one year beginning from 25th March, 2020 ;
AND WHEREAS such suspension for filing of applications for initiation of corporate insolvency resolution process has ended on 24th March, 2021 ;
AND WHEREAS the country has shown remarkable resilience, be
it tackling the pandemic or ensuring economic recovery ;
AND WHEREAS micro, small and medium enterprises are critical
for India's economy as they contribute significantly to its gross domestic product and provide employment to a sizeable population ;
AND WHEREAS it is considered necessary to urgently address the specific requirements of micro, small and medium enterprises relating to the resolution of their insolvency, due to the unique nature of their businesses and simpler corporate structures ;
AND WHEREAS it is considered expedient to provide an efficient alternative insolvency resolution process for corporate persons classified as micro, small and medium enterprises under the Insolvency and Bankruptcy Code, 2016, ensuring quicker, cost-effective and value maximising outcomes for all the stakeholders, in a manner which is least disruptive to the continuity of their businesses and which preserves jobs ;
AND WHEREAS in order to achieve these objectives, it is considered expedient to introduce a pre-packaged insolvency resolution process for corporate persons classified as micro, small and medium enterprises ;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action.
No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 3 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—
1. Short title and commencement.—(1) This Ordinance may be
called the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021.
(2) It shall come into force at once.
2. Amendment of section 4.—In the Insolvency and Bankruptcy Code, 2016 (31 of 2016) (hereinafter referred to as the principal Act), in section 4, after the proviso, the following proviso shall be inserted,
namely :—
"Provided further that the Central Government may, by notification, specify such minimum amount of default of higher value, which shall not be more than one crore rupees, for matters relating to the pre-packaged insolvency resolution process of corporate debtors under Chapter III-A.".
3. Amendment of section 5.—In section 5 of the principal Act,—
(i) after clause (2), the following clause shall be inserted,
namely :—
'(2A) "base resolution plan" means a resolution plan provided by the corporate debtor under clause (c) of sub- section (4) of section 54A ;';
(ii) in clause (5), in sub-clause (b), after the words "corporate insolvency resolution process", the words "or the pre-packaged insolvency resolution process, as the case may be," shall be inserted ;
(iii) in clause (11), after the words "corporate insolvency resolution process", the words "or pre-packaged insolvency resolution
process, as the case may be" shall be inserted ;
(iv) in clause (15), after the words, "process period", the words "or by the corporate debtor during the pre-packaged insolvency resolution process period, as the case may be," shall be inserted ;
4 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— (v) in clause (19), after the words "for the purposes of", the words and figures "Chapter VI and" shall be inserted ;
(vi) after clause (23), the following clauses shall be inserted,
namely :—
'(23A) "preliminary information" means a memorandum submitted by the corporate debtor under clause (b) of sub-section (1) of section 54 G ;
(23B) "pre-packaged insolvency date" means the date of admission of an application for initiating the pre- packaged insolvency resolution process by the Adjudicating Authority under clause (a) of sub- section (4) of section 54C ;
(23C) "pre-packaged insolvency resolution process costs"
means,—
(a) the amount of any interim finance and the costs
incurred in raising such finance ;
(b) the fees payable to any person acting as a resolution professional and any expenses incurred by him for conducting the pre-packaged insolvency resolution process during the pre-packaged insolvency resolution process period, subject to sub-section (6) of section 54 F ;
(c) any costs incurred by the resolution professional in running the business of the corporate debtor as a going concern pursuant to an order under sub-section (2) of section 54J ;
(d) any costs incurred at the expense of the Government to facilitate the pre-packaged insolvency resolution process ; and
(e) any other costs as may be specified ;
(23D) "pre-packaged insolvency resolution process period" means the period beginning from the pre-packaged insolvency commencement date and ending on the date on which an order under sub-section (1) of No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 5 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— section 54 L, or sub-section (1) of section 54 N, or sub-section (2) of section 54-O, as the case may be, is passed by the Adjudicating Authority;' ;
(vii) in clause (25), after the words, brackets and figures "of sub- section (2) of section 25", the words, figures and letter "or pursuant to section 54 K, as the case may be" shall be inserted ;
(viii) in clause (27), after the words "corporate insolvency resolution process", the words "or the pre-packaged insolvency resolution process, as the case may be," shall be inserted.
4. Amendment of section 11.—In section 11 of the principal Act,—
(i) in clause (a), after the words "corporate insolvency resolution process", the words "or a pre-packaged insolvency resolution process" shall be inserted ;
(ii) after clause (a), the following clause shall be inserted,
namely :—
"(aa) a financial creditor or an operational creditor of a corporate debtor undergoing a pre-packaged insolvency resolution process ; or";
(iii) after clause (b), the following clause shall be inserted,
namely :—
"(ba) a corporate debtor in respect of whom a resolution plan has been approved under Chapter III-A, twelve months preceding the date of making of the application ; or".
5. Insertion of new section 11A.—After section 11 of the principal
Act, the following section shall be inserted, namely :—
"11A. Disposal of applications under section 54 C and under section 7 or section 9 or section 10.—(1) Where an application filed under section 54 C is pending, the Adjudicating Authority shall pass an order to admit or reject such application, before considering any application filed under section 7 or section 9 or section 10 during the pendency of such application under section 54C, in respect of the same corporate debtor.
6 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
(2) Where an application under section 54C is filed within fourteen days of filing of any application under section 7 or section 9 or section 10, which is pending, in respect of the same corporate debtor,then, notwithstanding anything contained in sections 7, 9
and 10, the Adjudicating Authority shall first dispose of the application under section 54C.
(3) Where an application under section 54 C is filed after fourteen days of the filing of any application under section 7 or section 9 or section 10, in respect of the same corporate debtor, the Adjudicating Authority shall first dispose of the application under
sections 7, 9 or 10.
(4) The provisions of this section shall not apply where an application under section 7 or section 9 or section 10 is filed and pending as on the date of the commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021.".
6. Amendment of section 33.—In section 33 of the principal Act, in
sub-section (3), after the words, "approved by the Adjudicating Authority", the words, figures, brackets and letter "under section 31 or under sub- section (1) of section 54 L," shall be inserted.
7. Amendment of section 34.—In section 34 of the principal Act, in sub-section (l), after the words and figures, "under Chapter II", the words,
figures and letter "or for the pre-packaged insolvency resolution process under Chapter III-A" shall be inserted.
8. Insertion of new Chapter III-A.—After Chapter III of the principal
Act, the following Chapter shall be inserted, namely :—
'CHAPTER III-A
PRE-PACKAGED INSOLVENCY RESOLUTION PROCESS
54A. Corporate debtors eligible for pre-packaged insolvency resolution process.—(1) An application for initiating pre-packaged insolvency resolution process may be made in respect of a corporate debtor classified as a micro, small or medium enterprise under sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act 2006 (27 of 2006).
No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 7 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— (2) Without prejudice to sub-section (1), an application for initiating pre-packaged insolvency resolution process may be made in respect of a corporate debtor, who commits a default referred to in section 4, subject to the following conditions, that,—
(a) it has not undergone pre-packaged insolvency resolution process or completed corporate insolvency resolution process, as the case may be, during the period of three years preceding the initiation date ;
(b) it is not undergoing a corporate insolvency resolution
process ;
(c) no order requiring it to be liquidated is passed under
section 33 ;
(d) it is eligible to submit a resolution plan under section 29A ;
(e) the financial creditors of the corporate debtor, not being its related parties, representing such number and such manner as may be specified, have proposed the name of the insolvency professional to be appointed as resolution professional for conducting the pre-packaged insolvency initiated to insolvency resolution process of the corporate debtor, and the financial creditors of the corporate debtor, not being its related parties, representing not less than sixty- six per cent in value of the financial debt due to such creditors, have approved such proposal in such form as may be specified :
Provided that where a corporate debtor does not have any financial creditors, not being its related parties, the proposal and approval under this clause shall be provided by such persons as may be specified ;
(f) the majority of the directors or partners of the corporate debtor, as the case may be, have made a declaration, in such form as may be specified, stating, inter alia,—
(i) that the corporate debtor shall file an application for initiating pre-packaged insolvency resolution process within a definite time period not exceeding ninety days ;
8 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
(ii) that the pre-packaged resolution process is not being
defraud any person ; and
(iii) the name of the insolvency professional proposed and
approved to be appointed as resolution professional under
clause (e) ;
(g) the members of the corporate debtor have passed a special
resolution, or at least three-fourth of the total number of
partners, as the case may be, of the corporate debtor have
passed a resolution, approving the filing of an application for
initiating pre-packaged insolvency resolution process.
(3) The corporate debtor shall obtain an approval from its financial
creditors, not being its related parties, representing not less than sixty-six
per cent in value of the financial debt due to such creditors, for the filing
of an application for initiating pre-packaged insolvency resolution process,
in such form as may be specified :
Provided that where a corporate debtor does not have any financial
creditors, not being its related parties, the approval under this sub-section
shall be provided by such persons as may be specified.
(4) Prior to seeking approval from financial creditors under sub-
section (3), the corporate debtor shall provide such financial creditors
with,—
(a) the declaration referred to in clause (f) of sub-section (2) ;
(b) the special resolution or resolution referred to in clause (g)
of sub-section (2) ;
(c) a base resolution plan which conforms to the requirements
referred to in section 54K, and such other conditions as may
be specified ; and
(d) such other information and documents as may be specified.
5 4 B Duties of resolution professional before initiation of pre-
packaged insolvency resolution process.—(1) The insolvency professional,
proposed to be appointed as the resolution professional, shall have No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 9 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
the following duties commencing from the date of the approval under
clause (e) of sub-section (2) of section 54 A, namely :—
(a) prepare a report in such form as may be specified,
confirming whether the corporate debtor meets the
requirements of section 54A, and the base resolution plan
conforms to the requirements referred to in clause (c) of
sub-section (4) of section 54A ;
(b) file such reports and other documents, with the Board, as
may be specified ; and
(c) perform such other duties as may be specified.
(2) The duties of the insolvency professional under sub-section (1)
shall cease, if,—
(a) the corporate debtor fails to file an application for initiating
pre-packaged insolvency resolution process within the time
period as stated under the declaration referred to in clause
(f) of sub-section (2) of section 54A ; or
(b) the application for initiating pre-packaged insolvency
resolution process is admitted or rejected by the Adjudicating
Authority, as the case may be.
(3) The fees payable to the insolvency professional in relation to the
duties performed under sub-section (1) shall be determined and borne in
such manner as may be specified and such fees shall form part of the pre-
packaged insolvency resolution process costs, if the application for initiation
of pre-packaged insolvency resolution process is admitted.
54 C. Application to initiate pre-packaged insolvency resolution
process.—(1) Where a corporate debtor meets the requirements of section
54A, a corporate applicant thereof may file an application with the
Adjudicating Authority for initiating pre-packaged insolvency resolution
process.
(2) The application under sub-section (1) shall be filed in such form,
containing such particulars, in such manner and accompanied with such
fee as may be prescribed.
10 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— (3) The corporate applicant shall, along with the application, furnish,—
(a) the declaration, special resolution or resolution, as the case may be, and the approval of financial creditors for initiating pre-packaged insolvency resolution process in terms of section 54A ;
(b) the name and written consent, in such form as may be specified, of the insolvency professional proposed to be appointed as resolution professional, as approved under clause (e) of sub-section (2) of section 54A, and his report as referred to in clause (a) of sub-section (1) of section 54B ;
(c) a declaration regarding the existence of any transactions of the corporate debtor that may be within the scope of provisions in respect of avoidance of transactions under Chapter III or fraudulent or wrongful trading under Chapter VI, in such form as may be specified ;
(d) information relating to books of account of the corporate debtor and such other documents relating to such period as may be specified.
(4) The Adjudicating Authority shall, within a period of fourteen
days of the receipt of the application, by an order,—
(a) admit the application, if it is complete ; or
(b) reject the application, if it is incomplete :
Provided that the Adjudicating Authority shall, before rejecting an application, give notice to the applicant to rectify the defect in the application within seven days from the date of receipt of such notice from the Adjudicating Authority.
(5) The pre-packaged insolvency resolution process shall commence from the date of admission of the application under clause (a) of sub-section (4).
54 D. Time-limit for completion of pre-packaged insolvency resolution process.—(1) The pre-packaged insolvency resolution process shall be completed within a period of one hundred and twenty days from the pre-packaged insolvency commencement date.
No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 11 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— (2) Without prejudice to sub-section (1), the resolution professional shall submit the resolution plan, as approved by the committee of creditors, to the Adjudicating Authority under sub-section (4) or sub-section (12), as the case may be, of section 54K, within a period of ninety days from the pre-packaged insolvency commencement date.
(3) Where no resolution plan is approved by the committee of creditors within the time period referred to in sub-section (2), the resolution professional shall, on the day after the expiry of such time period, file an application with the Adjudicating Authority for termination of the pre- packaged insolvency resolution process in such form and manner as may be specified.
54 E. Declaration of moratorium and public announcement during pre-packaged insolvency resolution process.—(1) The Adjudicating Authority shall, on the pre-packaged insolvency commencement date, along with the order of admission under section 54C,—
(a) declare a moratorium for the purposes referred to in sub- section (1) read with sub-section (3) of section 14, which shall, mutatis mutandis apply, to the proceedings under this Chapter ;
(b) appoint a resolution professional,—
(i) as named in the application, if no disciplinary proceeding
is pending against him ; or
(ii) based on the recommendation made by the Board, if any disciplinary proceeding is pending against the insolvency professional named in the application.
(c) cause a public announcement of the initiation of the pre- packaged insolvency resolution process to be made by the resolution professional, in such form and manner as may be specified, immediately after his appointment.
(2) The order of moratorium shall have effect from the date of such order till the date on which the pre-packaged insolvency resolution process period comes to an end.
54 F. Duties and powers of resolution professional during pre- packaged insolvency resolution process.—(1) The resolution professional 12 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
shall conduct the pre-packaged insolvency resolution process of a corporate
debtor during the pre-packaged insolvency resolution process period.
(2) The resolution professional shall perform the following duties,
namely :—
(a) confirm the list of claims submitted by the corporate debtor
under section 54G, in such manner as may be specified ;
(b) inform creditors regarding their claims as confirmed under
clause (a), in such manner as may be specified ;
(c) maintain an updated list of claims, in such manner as may
be specified ;
(d) monitor management of the affairs of the corporate
debtor ;
(e) inform the committee of creditors in the event of breach of
any of the obligations of the Board of Directors or partners, as the case may be, of the corporate debtor, under the
provisions of this Chapter and the rules and regulations made thereunder ;
(f) constitute the committee of creditors and convene and attend
all its meetings ;
(g) prepare the information memorandum on the basis of the
preliminary information memorandum submitted under section 54G and any other relevant information, in such
form and manner as may be specified ;
(h) file applications for avoidance of transactions under
Chapter III or fraudulent or wrongful trading under
Chapter VI, if any ; and
(i) such other duties as may be specified.
(3) The resolution professional shall exercise the following powers,
namely :—
(a) access all books of accounts, records and information
available with the corporate debtor ;
No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 13 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
(b) access the electronic records of the corporate debtor from
an information utility having financial information of the
corporate debtor ;
(c) access the books of accounts, records and other relevant
documents of the corporate debtor available with Government
authorities, statutory auditors, accountants and such other
persons as may be specified ;
(d) attend meetings of members, Board of Directors and
committee of directors, or partners, as the case may be, of
the corporate debtor ;
(e) appoint accountants, legal or other professionals in such
manner as may be specified ;
(f) collect all information relating to the assets, finances and
operations of the corporate debtor for determining the financial
position of the corporate debtor and the existence of any
transactions that may be within the scope of provisions
relating to avoidance of transactions under Chapter III or
fraudulent or wrongful trading under Chapter VI, including
information relating to,—
(i) business operations for the previous two years from the
date of pre-packaged insolvency commencement date ;
(ii) financial and operational payments for the previous two
years from the date of pre-packaged insolvency
commencement date ;
(iii) list of assets and liabilities as on the initiation date ; and
(iv) such other matters as may be specified ;
(g) take such other actions in such manner as may be specified.
(4) From the date of appointment of the resolution professional, the
financial institutions maintaining accounts of the corporate debtor shall
furnish all information relating to the corporate debtor available with them
to the resolution professional, as and when required by him.
14 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— (5) The personnel of the corporate debtor, its promoters and any other person associated with the management of the corporate debtor shall extend all assistance and cooperation to the resolution professional as may be required by him to perform his duties and exercise his powers, and for such purposes, the provisions of sub-sections (2) and (3) of section 19 s h a l l , mutatis mutandis apply, in relation to the proceedings under this Chapter.
(6) The fees of the resolution professional and any expenses incurred by him for conducting the pre-packaged insolvency resolution process shall be determined in such manner as may be specified :
Provided that the committee of creditors may impose limits and
conditions on such fees and expenses :
Provided further that the fees and expenses for the period prior to the constitution of the committee of creditors shall be subject to ratification by it.
(7) The fees and expenses referred to in sub-section (6) shall be
borne in such manner as may be specified.
54 G. List of claims and preliminary information memorandum.— (1) The corporate debtor shall, within two days of the pre-packaged insolvency commencement date, submit to the resolution professional the following information, updated as on that date, in such form and manner as may be specified, namely :—
(a) a list of claims, along with details of the respective creditors, their security interests and guarantees, if any ; and
(b) a preliminary information memorandum containing information relevant for formulating a resolution plan.
(2) Where any person has sustained any loss or damage as a consequence of the omission of any material information or inclusion of any misleading information in the list of claims or the preliminary information memorandum submitted by the corporate debtor, every person who,—
(a) is a promoter or director or partner of the corporate debtor, as the case may be, at the time of submission of the list of claims or the preliminary information memorandum by the corporate debtor ; or No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 15 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
(b) has authorised the submission of the list of claims or the
preliminary information memorandum by the corporate
debtor, shall, without prejudice to section 77 A, be liable to
pay compensation to every person who has sustained such
loss or damage.
(3) No person shall be liable under sub-section (2), if the list of
claims or the preliminary information memorandum was submitted by the
corporate debtor without his knowledge or consent.
(4) Subject to section 54 E, any person, who sustained any loss or
damage as a consequence of omission of material information or inclusion
of any misleading information in the list of claims or the preliminary
information memorandum shall be entitled to move a court having jurisdiction
for seeking compensation for such loss or damage.
54 H. Management of affairs of corporate debtor.—During the pre-
packaged insolvency resolution process period,—
(a) the management of the affairs of the corporate debtor shall
continue to vest in the Board of Directors or the partners,
as the case may be, of the corporate debtor, subject to
such conditions as may be specified ;
(b) the Board of Directors or the partners, as the case may be,
of the corporate debtor, shall make every endeavour to
protect and preserve the value of the property of the
corporate debtor, and manage its operations as a going
concern ; and
(c) the promoters, members, personnel and partners, as the
case may be, of the corporate debtor, shall exercise and
discharge their contractual or statutory rights and obligations
in relation to the corporate debtor, subject to the provisions
of this Chapter and such other conditions and restrictions
as may be prescribed.
54-I. Committee of creditors.—(1) The resolution professional shall,
within seven days of the pre-packaged insolvency commencement date, 16 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— constitute a committee of creditors, based on the list of claims confirmed under clause (a) of sub-section (2) of section 54F :
Provided that the composition of the committee of creditors shall be altered on the basis of the updated list of claims, in such manner as may be specified, and any such alteration shall not affect the validity of any past decision of the committee of creditors.
(2) The first meeting of the committee of creditors shall be held
within seven days of the constitution of the committee of creditors.
(3) Provisions of section 21, except sub-section (1) thereof, shall, mutatis mutandis apply, in relation to the committee of creditors under this Chapter :
Provided that for the purposes of this sub-section, references to the "resolution professional" under sub-sections (9) and (10) of section 21, shall be construed as references to "corporate debtor or the resolution professional".
54J. Vesting mangement of corporate debtor with resolution professional.—(1) Where the committee of creditors, at any time during the pre-packaged insolvency resolution process period, by a vote of not less than sixty-six per cent of the voting shares, resolves to vest the management of the corporate debtor with the resolution professional, the resolution professional shall make an application for this purpose to the Adjudicating Authority, in such form and manner as may be specified.
(2) On an application made under sub-section (1), if the Adjudicating Authority is of the opinion that during the pre-packaged insolvency resolution process,—
(a) the affairs of the corporate debtor have been conducted in
a fraudulent manner ; or
(b) there has been gross mismanagement of the affairs of the
corporate debtor,
it shall pass an order vesting the management of the corporate debtor
with the resolution professional.
(3) Notwithstanding anything to the contrary contained in this Chapter,
the provisions of,—
(a) sub-sections (2) and (2A) of section 14 ;
No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 17 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
(b) section 17 ;
(c) clauses (e) to (g) of section 18 ;
(d) sections 19 and 20 ;
(e) sub-section (l) of section 25 ;
(f) clauses (a) to (c) and clause (k) of sub-section (2) of
section 25 ; and
(g) section 28, shall, mutatis mutandis apply, to the proceedings under this Chapter, from the date of the order under sub-section (2), until the pre-packaged insolvency resolution process period comes to an end.
54K. Consideration and approval of resolution plan.—(1) The corporate debtor shall submit the base resolution plan, referred to in clause (c) of sub-section (4) of section 54A, to the resolution professional within two days of the pre-packaged insolvency commencement date, and the resolution professional shall present it to the committee of creditors.
(2) The committee of creditors may provide the corporate debtor an opportunity to revise the base resolution plan prior to its approval under sub-section (4) or invitation of prospective resolution applicants under sub-section (5), as the case may be.
(3) The resolution plans and the base resolution plan, submitted under this section shall conform to the requirements referred to in sub- sections (1) and (2) of section 30, and the provisions of sub-sections (1), (2) and (5) of section 30 shall, mutatis mutandis apply, to the proceedings under this Chapter.
(4) The committee of creditors may approve the base resolution plan for submission to the Adjudicating Authority if it does not impair any claims owed by the corporate debtor to the operational creditors.
(5) Where,—
(a) the committee of creditors does not approve the base
resolution plan under sub-section (4) ; or
(b) the base resolution plan impairs any claims owed by the corporate debtor to the operational creditors, the resolution professional shall invite prospective resolution applicants to 18 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
submit a resolution plan or plans, to compete with the base resolution plan, in such manner as may be specified.
(6) The resolution applicants submitting resolution plans pursuant to invitation under sub-section (5), shall fulfil such criteria as may be laid down by the resolution professional with the approval of the committee of creditors, having regard to the complexity and scale of operations of the business of the corporate debtor and such other conditions as may be specified.
(7) The resolution professional shall provide to the resolution
applicants,—
(a) the basis for evaluation of resolution plans for the purposes of sub-section (9), as approved by the committee of creditors subject to such conditions as may be specified ; and
(b) the relevant information referred to in section 29, which s h a l l , mutatis mutandis apply, to the proceedings under this Chapter, in such manner as may be specified.
(8) The resolution professional shall present to the committee of creditors, for its evaluation, resolution plans which conform to the requirements referred to in sub-section (2) of section 30.
(9) The committee of creditors shall evaluate the resolution plans presented by the resolution professional and select a resolution plan from amongst them.
(10) Where, on the basis of such criteria as may be laid down by it, the committee of creditors decides that the resolution plan selected under sub-section (9) is significantly better than the base resolution plan, such resolution plan may be selected for approval under sub-section (12) :
Provided that the criteria laid down by the committee of creditors under this sub-section shall be subject to such conditions as may be specified.
(11) Where the resolution plan selected under sub- section (9) is not considered for approval or does not fulfil the requirements of sub-section (10), it shall compete with the base resolution plan, in such No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 19 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— manner and subject to such conditions as may be specified, and one of them shall be selected for approval under sub-section (12).
(12) The resolution plan selected for approval under sub-section (10) or sub-section (11), as the case may be, may be approved by the committee of creditors for submission to the Adjudicating Authority :
Provided that where the resolution plan selected for approval under sub-section (11) is not approved by the committee of creditors, the resolution professional shall file an application for termination of the pre-packaged insolvency resolution process in such form and manner as may be specified.
(13) The approval of the resolution plan under sub-section (4) or sub-section (12), as the case may be, by the committee of creditors, shall be by a vote of not less than sixty-six per cent of the voting shares, after considering its feasibility and viability, the manner of distribution proposed, taking into account the order of priority amongst creditors as laid down in sub-section (1) of section 53, including the priority and value of the security interest of a secured creditor and such other requirements as may be specified.
(14) While considering the feasibility and viability of a resolution plan, where the resolution plan submitted by the corporate debtor provides for impairment of any claims owed by the corporate debtor, the committee of creditors may require the promoters of the corporate debtor to dilute their shareholding or voting or control rights in the corporate debtor :
Provided that where the resolution plan does not provide for such dilution, the committee of creditors shall, prior to the approval of such resolution plan under sub-section (4) or sub-section (12), as the case may be, record reasons for its approval.
(15) The resolution professional shall submit the resolution plan as approved by the committee of creditors under sub-section (4) or sub-section (12), as the case may be, to the Adjudicating Authority.
Explanation I :—For the removal of doubts, it is hereby clarified that, the corporate debtor being a resolution applicant under clause (25) of section 5, may submit the base resolution plan either individually or jointly with any other person.
20 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
Explanation II :—For the purposes of sub-sections (4) and (14), claims
shall be considered to be impaired where the resolution
plan does not provide for the full payment of the
confirmed claims as per the updated list of claims
maintained by the resolution professional.
54 L. Approval of resolution plan.—(1) If the Adjudicating Authority
is satisfied that the resolution plan as approved by the committee of
creditors under sub-section (4) or sub-section (12) of section 54K, as the
case may be, subject to the conditions provided therein, meets the
requirements as referred to in sub-section (2) of section 30, it shall, within
thirty days of the receipt of such resolution plan, by order approve the
resolution plan :
Provided that the Adjudicating Authority shall, before passing an
order for approval of a resolution plan under this sub-section, satisfy itself
that the resolution plan has provisions for its effective implementation.
(2) The order of approval under sub-section (1) shall have such
effect as provided under sub-sections (1), (3) and (4) of section 31, which
shall, mutatis mutandis apply, to the proceedings under this Chapter.
(3) Where the Adjudicating Authority is satisfied that the resolution
plan does not conform to the requirements referred to in sub-section (1),
it may, within thirty days of the receipt of such resolution plan, by an
order, reject the resolution plan and pass an order under section 54N.
(4) Notwithstanding anything to the contrary contained in this section,
where the Adjudicating Authority has passed an order under sub-
section (2) of section 54J and the resolution plan approved by the committee
of creditors under sub-section (4) or sub-section (12), as the case may be,
of section 54K, does not result in the change in the management or control
of the corporate debtor to a person who was not a promoter or in the
management or control of the corporate debtor, the Adjudicating Authority
shall pass an order,—
(a) rejecting such resolution plan ;
(b) terminating the pre-packaged insolvency resolution process
and passing a liquidation order in respect of the corporate No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 21 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— debtor as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1) of section 33 ; and
(c) declaring that the pre-packaged insolvency resolution process costs, if any, shall be included as part of the liquidation costs for the purposes of liquidation of the corporate debtor.
54 M. Appeal against order under section 54 L.—Any appeal from an order approving the resolution plan under sub-section (1) of section 54L, shall be on the grounds laid down in sub-section (3) of section 61.
54N. Termination of pre-packaged insolvency resolution process.— (1) Where the resolution professional files an application with the Adjudicating Authority,—
(a) under the proviso to sub-section (12) of section 54K ; or
(b) under sub-section (3) of section 54 D, the Adjudicating Authority shall, within thirty days of the date of such application, by an order,—
(i) terminate the pre-packaged insolvency resolution
process ; and
(ii) provide for the manner of continuation of proceedings initiated for avoidance of transactions under Chapter III or proceedings initiated under section 66 and section 67 A, if any.
(2) Where the resolution professional, at any time after the pre-packaged insolvency commencement date, but before the approval of resolution plan under sub- section (4) or sub-section (12), as the case may be, of section 54K, intimates the Adjudicating Authority of the decision of the committee of creditors, approved by a vote of sixty-six per cent of the voting shares, to terminate the pre-packaged insolvency resolution process, the Adjudicating Authority shall pass an order under sub-section (1).
(3) Where the Adjudicating Authority passes an order under sub-section (1), the corporate debtor shall bear the pre-packaged insolvency resolution process costs, if any.
(4) Notwithstanding anything to the contrary contained in this section, where the Adjudicating Authority has passed an order under 22 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
sub-section (2) of section 54J and the pre-packaged insolvency resolution process is required to be terminated under sub-section (1), the Adjudicating Authority shall pass an order,—
(a) of liquidation in respect of the corporate debtor as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1) of section 33 ; and
(b) declare that the pre-packaged insolvency resolution process costs, if any, shall be included as part of the liquidation costs for the purposes of liquidation of the corporate debtor.
54-O. Initiation of corporate insolvency resolution process.—(1) The committee of creditors, at any time after the pre-packaged insolvency commencement date but before the approval of resolution plan under sub- section (4) or sub-section (12), as the case may be, of section 54K, by a vote of sixty-six per cent of the voting shares, may resolve to initiate a corporate insolvency resolution process in respect of the corporate debtor, if such corporate debtor is eligible for corporate insolvency resolution process under Chapter II.
(2) Notwithstanding anything to the contrary contained in Chapter II, where the resolution professional intimates the Adjudicating Authority of the decision of the committee of creditors under sub-section (1), the Adjudicating Authority shall, within thirty days of the date of such intimation, pass an order to,—
(a) terminate the pre-packaged insolvency resolution process and initiate corporate insolvency resolution process under Chapter II in respect of the corporate debtor ;
(b) appoint the resolution professional referred to in under clause (b) of sub-section (1) of section 54E as the interim resolution professional, subject to submission of written consent by such resolution professional to the Adjudicatory Authority in such form as may be specified ; and
(c) declare that the pre-packaged insolvency resolution process costs, if any, shall be included as part of insolvency resolution process costs for the purposes of the corporate insolvency resolution process of the corporate debtor.
No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 23 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— (3) Where the resolution professional fails to submit written consent under clause (b) of sub-section (2), the Adjudicating Authority shall appoint an interim resolution professional by making a reference to the Board for recommendation, in the manner as provided under section 16.
(4) Where the Adjudicating Authority passes an order under
sub-section (2),—
(a) such order shall be deemed to be an order of admission of an application under section 7 and shall have the same effect ;
(b) the corporate insolvency resolution process shall commence
from the date of such order ;
(c) the proceedings initiated for avoidance of transactions under Chapter III or proceedings initiated under section 66 and section 67 A, if any, shall continue during the corporate insolvency resolution process ;
(d) for the purposes of sections 43, 46 and 50, references to
"insolvency commencement date" shall mean "pre-packaged insolvency commencement date" ; and
(e) in computing the relevant time or the period for avoidable transactions, the time-period for the duration of the pre- packaged insolvency resolution process shall also be included,
notwithstanding anything to the contrary contained in sections 43, 46 and 50.
54 P. Application of provisions of Chapters II, III, VI, and VII to this Chapter.—(1) Save as provided under this Chapter, the provisions of sections 24, 25A, 26, 27, 28, 29A, 32A, 43 to 51, and the provisions of Chapters VI and VII of this Part shall, mutatis mutandis apply, to the
pre-packaged insolvency resolution process, subject to the following, namely :-—
(a) reference to "members of the suspended Board of Directors or the partners" under clause (b) of sub-section (3) of section 24 shall be construed as reference to "members of the Board of Directors or the partners,unless an order has 24 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
been passed by the Adjudicating Authority under section 54 J" ;
(b) reference to "clause (j) of sub-section (2) of section 25" under section 26 shall be construed as reference to
"clause (h) of sub-section (2) of section 54 F" ;
(c) reference to "section 16" under section 27 shall be construed
as reference to "section 54E" ;
(d) reference to "resolution professional" in sub-sections (1) and (4) of section 28 shall be construed as "corporate debtor" ;
(e) reference to "section 31" under sub-section (3) of section 61 shall be construed as reference to "sub-section (1) of section 54L" ;
(f) reference to "section 14" in sub-sections (1) and (2) of section 74 shall be construed as reference to "clause (a) of sub-section (1) of section 54E" ;
(g) reference to "section 31" in sub-section (3) of section 74 shall be construed as reference to "sub-section (1) of section 54L".
(2) Without prejudice to the provisions of this Chapter and unless the context otherwise requires, where the provisions of Chapters II, III,
VI and VII are applied to the proceedings under this Chapter, references to,—
(a) "insolvency commencement date" shall be construed as references to "pre-packaged insolvency commencement date" ;
(b) "resolution professional" or "interim resolution professional",
as the case may be, shall be construed as references to the resolution professional appointed under this Chapter ;
(c) "corporate insolvency resolution process" shall be construed as references to "pre-packaged insolvency resolution process" ; and No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 25 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
(d) "insolvency resolution process period" shall be construed as
references to "pre-packaged insolvency resolution process
period.".
9. Amendment of section 61.—In section 61 of the principal Act,
for sub-section (4), the following sub-sections shall be substituted,
namely :—
"(4) An appeal against a liquidation order passed under section 33,
or sub-section (4) of section 54 L, or sub-section (4) of section 54 N, may
be filed on grounds of material irregularity or fraud committed in relation
to such a liquidation order.
(5) An appeal against an order for initiation of corporate insolvency
resolution process passed under sub-section (2) of section 54-O may be
filed on grounds of material irregularity or fraud committed in relation to
such an order." .
10. Amendment of section 65.—In section 65 of the principal Act,
after sub-section (2), the following sub-section shall be inserted,
namely :—
"(3) If, any person initiates the pre-packaged insolvency resolution
process,—
(a) fraudulently or with malicious intent for any purpose other
than for the resolution of insolvency ; or
(b) with the intent to defraud any person, the Adjudicating
Authority may impose upon such person a penalty which
shall not be less than one lakh rupees, but may extend to
one crore rupees.".
11. Insertion of new section 67 A.—After section 67 of the principal
Act, the following section shall be inserted, namely :—
"67 A. Fraudulent management of corporate debtor during
pre-packaged insolvency resolution process.—On and
after the pre-packaged insolvency commencement date,
where an officer of the corporate debtor manages its
affairs with the intent to defraud creditors of the corporate 26 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
debtor or for any fraudulent purpose, the Adjudicating
Authority may, on an application by the resolution
professional, pass an order imposing upon any such
officer, a penalty which shall not be less than one lakh
rupees, but may extend to one crore rupees.".
12. Omission of Explanation to section 77.—In section 77 of the
principal Act, the Explanation shall be omitted.
13. Insertion of new section 77A.—After section 77 of the principal
Act, the following section shall be inserted, namely :—
"77 A. Punishment for offences related to re-packaged insolvency
resolution process.—(1) Where,—
(a) a corporate debtor provides any information in the
application under section 54 C which is false in
material particulars, knowing it to be false or omits
any material fact, knowing it to be material ; or
(b) a corporate debtor provides any information in the
list of claims or the preliminary information
memorandum submitted under sub-section (1) of
section 54 G which is false in material particulars,
knowing it to be false or omits any material fact,
knowing it to be material ; or
(c) any person who knowingly and wilfully authorised or
permitted the furnishing of such information under
sub-clauses (a) and (b),
such corporate debtor or person, as the case may be, shall be
punishable with imprisonment for a term which shall not be less than three
years, but which may extend to five years or with fine which shall not
be less than one lakh rupees, but which may extend to one crore rupees,
or with both.
(2) If a director or partner of the corporate debtor, as the case may
be, deliberately contravenes the provisions of Chapter III-A, such person
shall be punishable with imprisonment for not less than three years, but No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 27 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— which may extend to five years, or with fine which shall not be less than one lakh rupees, but which may extend to one crore rupees, or with both.
Explanation :—For the purposes of this section, and sections 75, 76 and 77, an application shall be deemed to be false in material particulars in case the facts mentioned or omitted in the application, if true, or not omitted from the application as the case may be, would have been sufficient to determine the existence of a default under this Code.".
14. Amendment of section 208.—In section 208 of the principal
Act,—
(i) after clause (c), the following clause shall be inserted, namely :— "(ca) pre-packaged insolvency resolution process under Chapter III-A of Part II ;" ;
(ii) after sub-section (1), the following sub-section shall be
inserted, namely :—
"(1A) Where the name of the insolvency professional proposed to be appointed as a resolution professional, is approved under clause (e) of sub- section (2) of section 54A, it shall be the function of such insolvency professional to take such actions as may be necessary to perform his functions and duties prior to the initiation of the pre-packaged insolvency resolution process under Chapter III-A of Part II.".
15. Amendment of section 239.—In section 239 of the principal Act, in sub-section (2), after clause (fc), the following clauses shall be inserted, namely :—
"(fd) the form, particulars, manner and fee for making application before the Adjudicating Authority under sub-section (2) of section 54C ;
(fe) the conditions and restrictions with which the promoters, members, personnel and partners of the corporate debtor shall exercise and discharge contractual or statutory rights and obligations under clause (c) of section 54 H;".
28 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
16. Amendment of section 240.—In section 240 of the principal Act,
in sub-section (2),—
(i) after clause (e), the following clause shall be inserted,
namely :—
"(ea) the other costs under sub-clause ( e) of clause (23C)
of section 5 ;" ;
(ii) after clause (zk), the following clauses shall be inserted,
namely :—
"(zka) such number of financial creditors and the manner of proposing the insolvency professional, and the
form for approving such insolvency professional by the financial creditors under clause (e), the persons who shall provide approval under the proviso to clause (e), the form for making a declaration under clause (f) of sub-section (2) of section 54 A ;
(zkb) the form for obtaining approval from financial
creditors under sub-section (3), and the persons who shall provide approval under the proviso to sub-section (3) of section 54A ;
(zkc) the other conditions for the base resolution plan under clause (c), and such information and
documents under clause (d) of sub-section (4) of section 54A ;
(zkd) the form in which the report is to be prepared under clause (a), such reports and other documents under clause (b), and such other duties under cause (c) of sub-section (1), and the manner of
determining the fees under sub-section (3) of section 54B ;
(zke) the form for providing written consent of the insolvency professional under clause (b), the form for declaration under clause (c), the information relating to books of account and such other No. 4-2] The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. 29 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— documents relating to such period under clause (d) of sub-section (3) of section 54 C ;
(zkf) the form and manner for making application for termination of the pre-packaged insolvency resolution process under sub-section (3) of section 54 D ;
(zkg) the form and manner of making public announcement under clause (c) of sub-section (1) of section 54 E ;
(zkh) the manner of confirming the list of claims under clause (a), the manner of informing creditors under clause (b), the manner of maintaining an updated list of claims under clause (c), the form and manner of preparing the information memorandum under clause (g), and such other duties under clause (i) of sub-section (2) of section 54 F ;
(zki) such other persons under clause (c), the manner of appointing accountants, legal or other professionals under clause (e), such other matters under sub- clause (iv) of clause (f) and the manner of taking other actions under clause (g) of sub-section (3) of section 54 F ;
(zkj) the manner of determination of fees and expenses as may be incurred by the resolution professional under sub-section (6) of section 54 F ;
(zkk) manner of bearing fees and expenses under sub-
section (7) of section 54 F ;
(zkl) the form and manner of list of claims and preliminary information memorandum under sub-section (1) of section 54 G ;
(zkm) the conditions under clause (a) of section 54H ;
(zkn) the manner of alteration of the composition of the committee of creditors under the proviso to sub-section (1) of section 54 I ;
30 The J&K Official Gazette, the 27th April, 2021/7th Vai., 1943. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— (zko) the form and manner of making application under
sub-section (1) of section 54 J ;
(zkp) the manner of inviting prospective resolution applicants under sub-section (5) of section 54K ;
(zkq) other conditions under sub-section (6) of
section 54K ;
(zkr) the conditions under clause (a) and the manner of providing the basis for evaluation of resolution plans and the information referred to in section 29 under sub-section (7) of section 54 K ;
(zks) the conditions under the proviso to sub-
section (10) of section 54K ;
(zkt) the manner and conditions under sub-section (11)
of section 54 K ;
(zku) the form and manner of filing application under the
proviso to sub-section (12) of section 54 K ;
(zkv) other requirements under sub-section (13) of
section 54 K ;
(zkw) the form for submission of written consent under clause (b) of sub-section (2) of section 54 O ;'.
1 7 . Amendment of section 240A.—In section 240A of the principal Act, in sub-section (1), after the words "corporate insolvency resolution process", the words "or pre-packaged insolvency resolution process" shall be inserted.
RAM NATH KOVIND,
President.
––––––––
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.