Jammu and Kashmir Gazette, No. 21, 19 August 2021

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REGD NO. JK––33

THE

JAMMU AND K ASHMIR OFFICIAL GAZETTE

Printed at the Ranbir Government Press, Jammu.

314 The J&K Official Gazette, the 19th August, 2021/28th Srav., 1943. [ No. 21 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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. 535 of 2021/RG Dated 31-03-2021.

It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Simple Sharma S/o Lal Chand R/o Village Patyari, P/O Sarna, Tehsil and District Samba has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-87/2021 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. 536 of 2021/RG Dated 31-03-2021.

It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Suwaiba D/o Mohammad Amin Malik R/o Umer Colony B, Lane No. 581, Lal Bazar, 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, No. 21] The J&K Official Gazette, the 19th August, 2021/28th Srav., 1943. 315 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

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-88/2021 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. 537 of 2021/RG Dated 31-03-2021.

It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Syed Wajid-ul-Zafar-Zafar S/o Syed Zafar-ul-Islam R/o Peerpora, Astan Mohalla, Tehsil Keegam, District Shopian has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-89/2021 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. 538 of 2021/RG Dated 31-03-2021.

It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Ifrah Yasin D/o Mohd Yasin R/o Sector B, House No. 65, Budshah Nagar, Natipora, Srinagar A/P Block-B, Flat No. 222, Sainik Colony, Adarsh Vihar, Near Jodhamal School, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council 316 The J&K Official Gazette, the 19th August, 2021/28th Srav., 1943. [ No. 21 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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-31/2021 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. 539 of 2021/RG Dated 31-03-2021.

It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Jeemi Nargotra D/o Jagdish Nargotra R/o H. No. 459, Kacha Talab, Bahufort, 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-32/2021 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. 540 of 2021/RG Dated 31-03-2021.

It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Junaid Firdous Baba S/o Firdous Ahmad Baba R/o Bata Kadal, Lal Bazar, Near Islamia High School, Tehsil Eid Gah, Srinagar has been admitted and enrolled as an Advocate on the Rolls of Jammu and No. 21] The J&K Official Gazette, the 19th August, 2021/28th Srav., 1943. 317 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

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-33/2021 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. 541 of 2021/RG Dated 31-03-2021.

It is hereby notified that vide High Court Order dated 23-03-2021 Mr. Kacho Mohd Amil Khan S/o Kacho Mohd Akbar Khan R/o H. No. 252, Baroo Colony, Kargil 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-35/2021 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. 542 of 2021/RG Dated 31-03-2021.

It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Kanchan Bala D/o Sh. Krishan Lal R/o Chakrohi, Near Krishna Mandir Suchetgarh, Jammu has been admitted and enrolled as an 318 The J&K Official Gazette, the 19th August, 2021/28th Srav., 1943. [ No. 21 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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-36/2021 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. 543 of 2021/RG Dated 31-03-2021.

It is hereby notified that vide High Court Order dated 23-03-2021 Ms. Kanchan Sharma D/o Rattan Lal Sharma R/o H. No. 839, Lane No. 10, Rajpora Mangotrian, 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-37/2021 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 19th Aug., 2021/28th Srav., 1943. [ No. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Subject :—Acquisition of land measuring 54 Kanals 08 Marlas 08 Sirsai in Village Nerojal, Tehsil Thannamandi, District Rajouri for widening of Rajouri-Thannamandi road by GREF.

––––––

Notification No. 18-Rev (LAJ) of 2021

Dated 10-03-2021.

Whereas, the land, specifications whereof are given in Annexure-"A"

to this notification is required for the public purposes viz. widening of Rajouri-

Thanamandi Road situated at Village Nerojal, Tehsil Thanamandi, District

Rajouri Road by GREF ; and 350 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, on the basis of an indent placed by the Officer Commanding,

58, RCC (GREF) C/o 56, APO, vide No. 21069/FC/lndent/10/E2LA

dated 24-07-2019, a notification under section 4 (1) was issued by Collector,

Land Acquisition, Defence (CLAD), Rajouri-Poonch, Headquarter, Rajouri

vide No. Coll/Def/2019-20/885-89 dated 16-10-2019 for land measuring

54 Kanals 08 Marlas and 08 Sarsai situated at Village Nerojal, Tehsil

Thanamandi, District Rajouri, calling upon the land owners/interested persons

to file objections. Some of the land owners/interested persons filed objections

as required under sections 5 & 5-A of the Land Acquisition Act ; and

Whereas, the District Collector (DC), Rajouri vide letter

dated 02-12-2020 has reported that the Officer Commanding in his comments

regarding the objections has stated that :—

(i) The alignment of proposed road for widening based on the

technical consideration for best possible design. Widening on

valley side is generally not adopted as it requires filling work

which is not a very good option for stable base. Therefore,

alignment is based on the cutting on the hill side for widening

and for the improvement on the existing road, it is practically

impossible that all the houses and shops can be saved coming

under the alignment.

(ii) That it will be difficult to align a road in a Zig-Zag manner to

avoid one or two structures which will defeat the technical

soundness of the road making it more prone to road accidents

too.

Whereas, the District Collector (DC), Rajouri vide No. DCR/2019-

20/SQ/2546 dated 28-12-2019 read with letter No. Coll/Def/2020/842-43

dated 02-12-2020 has reported that after thoroughly going through the

objections raised by the land owners/interested persons and stand taken by

the Indenting Department is of the opinion that only two structures are

coming under the alignment of said road, which cannot be saved, as the

project holds great public and strategic importance and attachment with

security of the Country. Moreover, land owners shall be paid compensation

of structures as per the law governing the subject ; and No. 21] The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. 351 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the District Collector (DC), Rajouri vide above referred

letter submitted the case to Divisional Commissioner, Jammu for

its submission to the Government for issuance of declaration under

section 6 and directive under section 7 for acquisition of subject land ; and

Whereas, the Divisional Commissioner, Jammu vide No. 502/4041/

GREF/Nerojal/Raj/19/4177 dated 14-01-2020 read with No. 502/4041/GREF/

Nerojal/Rajouri/20/6210 dated 16-12-2020 endorsed the recommendations

of District Collector (DC), Rajouri and submitted the case to Financial

Commissioner (Revenue). Further endorsed the same to the Administrative

Department vide No FC-LS/LA-5139/2020 dated 05-03-2020 read with

letter of even number dated 12-02-2021; and

Whereas, the objections have been examined in the department, the

Collector has given due opportunity of being heard to the land owners/

interested persons, therefore, in view of the stand taken by the Collector,

Land Acquisition (Defence), Rajouri/Poonch, Hq. Rajouri, Indenting

Department and strategic importance attached with the security of the

Country, the objections so raised are found to be without merit and are

accordingly rejected ; and

Whereas, the Government is satisfied that the land particulars whereof

are given at Annexure "A" to this notification is required for public purpose

viz. widening of Rajouri-Thanamandi Road situated at Village Nerojal, Tehsil

Thanamandi, District Rajouri by GREF.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that the land measuring

54 Kanals, 08 Marlas and 08 Sarsai situated at Viliage Nerojal, Tehsil

Thanamand, District Rajouri particulars whereof are given in Annexure "A"

to this notifcation is required for public purpose viz. widening of Rajouri-

Thanamandi Road by GREF. Further, the Collector, Land Acquisition,

Defence (CLAD), Rajouri-Poonch, Headquarter, Rajouri is directed under

section 7 of the said Act to take orders for acquisition of the said land after

giving prescribed notice to the interested person (s) as required under 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 352 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– case for making apportionment of compensation amongst all the interested

persons/rightful claimants, in accordance with the relevant laws/rules in

force, while making the award.

(Sd.) SHALEEN KABRA, IAS,

Principal Secretary to the Government.

______

Annexure-A

Particulars of the land

District Tehsil Village Kh. Nos. Area

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. S.

Rajouri Thannamandi Nerojal 278/17 00-18-08

278/17 00-02-00

276/17 00-13-03

276/17 01-05-05

276/17 02-06-06

276/17 00-01-05

276/17 00-05-00

276/17 00-05-05

276/17 00-01-00

276/17 00-02-02

281/17 01-04-04

280/17 00-05-00

325/283/17 00-05-00 No. 21] The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. 353 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. S.

325/283/17 00-12-00

325/283/17 00-07-08

282/17 00-01-07

282/17 01-08-01

283/17 02-10-00

41 03-01-03

50 04-15-01

196 00-03-03

197 01-05-02

209 05-07-05

211 01-10-01

212 02-07-08

278/17 01-00-00

278/17 01-11-00

276/17 00-13-03

276/17 00-01-00

276/17 00-02-07

276/17 00-13-03

276/17 00-02-00

276/17 00-01-03

278/17 00-07-03

281/17 00-02-02

280/17 05-01-06 354 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. S. 280/17 00-02-07

325/283/17 00-17-03

325/283/17 00-02-06

282/17 00-04-07

282/17 00-03-01

282/17 00-06-06

276/17 00-17-07

45 06-17-02

18 00-09-04

47 01-14-03

207 00-01-00

210 00-14-00

212 00-03-03

217 00-11-08

––––––

G. Total 54-08-08

––––––

–––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Subject :—Acquisition of land measuring 100 Kanals and 05 Sirsai situated

at Village Bufliaz, Tehsil Surankote, District Poonch for widening

of By-pass road Surankot-Bufliaz by GREF-Issuance of

notification under sections 6 & 7 of Land Acquisition Action.

––––––

No. 21] The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. 355 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Notification No. 23-Rev (LAJ) of 2021

Dated 10-03-2021.

Whereas, the land measuring 100 Kanals and 5 Sirsai situated at Village

Bufliaz, Tehsil Surankote, District Poonch is required for public purpose i. e.

widening of By-pass road Surankote-Bufliaz by GREF ; and

Whereas, on the basis of an indent placed by Officer Commanding 79 RCC (GREF), C/o 56, APO vide letter dated 22 Oct., 2019, a notification

under section 4 (1) was issued by Collector, Land Acquisition, Defence, Rajouri/Poonch, Hq. Rajouri vide No. Coll/Def/2019-20/772-76

dated 30-09-2019 and read with corrigendum No. Coll/Def/2020/286-91

dated 11-08-2020 for land measuring 100 Kanals 05 Sirsai for Village Bufliaz, Tehsil Surankote, District Poonch for widening of Bye-Pass road Surankote-

Bufliaz by GREF ; and

Whereas, the District Collector (DC), Poonch vide letter No. Coll/ Def/2020/55-56 dated 15-06-2020 has reported that the notification issued

under section 4 (1) of the J&K State Land Acquisition Act was served

upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested

persons within the prescribed period as required under sections 5 & 5-A of the Land Acquisition Act ; and

Whereas, the report furnished by District Collector (DC), Poonch vide letter referred to above read with letter dated 22-08-2020 is

duly endorsed by Divisional Commissioner, Jammu vide No. 502/4192/ GREF/Bufliaz/P/20/5412 dated 10-09-2020 and Financial Commissioner,

Revenue, J&K, Jammu vide No. FC-LS/LA-5220/2020 dated 12-10-2020 to this department for issuance of declaration under sections 6 & 7 of Land

Acquisition Act ; and

Whereas, the case has been examined and it is found that

no land owner/interested persons has filed objections to the proposed acquisition ; and

Whereas, the Government is satisfied that the land referred above is

required for public purpose viz. for widening of Bye Pass road Surankote-

Bufliaz by GREF situated at Village Bufliaz, Tehsil Surankote, District

Poonch ; and 356 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Now, therefore, in pursuance of section 6 of the J&K Land Acquisition

Act, Samvat 1990, it is declared that the land measuring 100 Kanals

05 Sirsai situated in Village Bufliaz, Tehsil Surankote, District Poonch is

required for public purposes viz. widening of Bye-Pass road Surankote-

Bufliaz by GREF.

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 Government.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 139-Rev (LAJ) of 2020

Dated 10-06-2020.

Whereas, the land specification whereof as given below is required

for construction of road by PWD, from Kotedhara to Peeri, in Village

Dharsakri, Tehsil Kotranka, District Rajouri ;

District Tehsil Village Kh. No. Area

––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Rajouri Kotranka Dharsakri 11 00-04

Whereas, on the basis of an indent placed by the Chief Engineer, PW

(R&B) Department, Jammu, a notification under section 4 (1) was issued

by the Collector, Land Acquisition (ADC), Kotranka vide letter No. ADC/

Ktr/525-28 dated 27-10-2019, for land measuring 04 Marlas, situated in

Village Dharsakri, Tehsil Kotranka, District Rajouri ;

No. 21] The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. 357 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the Collector, Land Acquisition (ADC), Kotranka, vide letter No. ADC/Ktr/702-03 dated 07-01-2020, has reported that the notification issued under section 4 (1) of the J&K State Land Acquisition Act by him was served upon the interested persons for filing objections, if any, to the proposed acquisition, but, no objection was received from the land owners/ interested persons within the prescribed period as required under sections 5 & 5-A of the Land Acquisition Act ;

Whereas, the report furnished by Collector, Land Acquisition (ADC), Kotranka vide letter referred to above duly endorsed by the District Collector (DC), Rajouri, vide No. AC/LA/849-50 dated 27-01-2020 duly endorsed by the Divisional Commissioner, Jammu vide No. 502/109/PWD/Dharsakri/ Raj/20/4394 dated 13-02-2020 and endorsed by the Financial Commissioner, Revenue, J&K, Jammu vide No. FC-LS/LA-5112/2020 dated 04-03-2020 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. construction of road by PWD from Kotedhara to Peeri, in Village Dharsakri, Tehsil Kotranka, District Rajouri.

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring 04 Marlas, situated in Village Gakhrote, Tehsil Kotranka, District Rajouri, construction of road by PWD from Kotedhara to Peeri, in Village Dharsakri, Tehsil Kotranka, District Rajouri. Further, the Collector, Land Acquisition (ADC), Kotranka, Rajouri directed under section 7 of the said Act to take orders for acquisition of the said land after giving pescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible for identifcation and proper title verification of all types of lands involved in the cae for making apportionment of compensation amongst all the interested persons/rightful claimants, in accordance with the relevant laws/rules in force, while making the award.

(Sd.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to Government, Revenue Department.

______

358 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 141-Rev (LAJ) of 2020

Dated 10-06-2020.

Whereas, the land, specifications whereof are given below is required

for construction of Shungri Khul by Irrigation and Flood Control Department

in Village Rajdhani, Tehsil Thanamandi, District Rajouri ;

District Tehsil Village Kh. Nos. Area

––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. S.

Rajouri Thanamandi Rajdhani 829 01-15-00

886 00-04-00

–––––––

Total 01-19-00

–––––––

Whereas, on the basis of an indent placed by the Chief Engineer,

I&FC Department, Jammu, a notification under section 4 (1) was issued

by the Collector, Land Acquisition (SDM), Thanamandi vide letter

No. SDM/TM/R/303-306 dated 29-06-2019, for land measuring 01 Kanal

and 19 Marlas, situated in Village Rajdhani, Tehsil Thanamandi, District

Rajouri ;

Whereas, the District Collector, Land Acquisition (DC), Rajouri, vide

letter No. AC/LA/655-56 dated 12-10-2019, has reported that the notification

issued under section 4 (1) of the J&K State Land Acquisition Act by the

Collector, Land Acquisition (SDM), Thanamandi was served upon the

interested persons for filing objections, if any, to the proposed acquisition,

but, no objection was received from the land owners/interested persons

within the prescribed period as required under sections 5 & 5-A of the Land

Acquisition Act ;

No. 21] The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. 359 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Whereas, the report furnished by District Collector, Land Acquisition

(DC), Rajouri, vide letter referred to above duly endorsed by the Divisional

Commissioner, Jammu vide No. 502/3816/Rajdhani/Raj/19/2613

dated 29-10-2019 and endorsed by the Financial Commissioner, Revenue,

J&K, Jammu vide No. FC-LS/LA-5112/2020 dated 04-03-2020 has been

examined and it has been found that the land owners did not file any objection

to the proposed acquisition ;

Whereas, the Government is satisfied that the land particular whereof

are given above is required for public purpose viz. construction of Khul by

Irrigation and Flood Control Department in Village Chowkian, Tehsil Darhal,

District Rajouri.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that the land measuring 1 Kanal

and 19 Marlas, situated in Village Rajdhani, Tehsil Thanamandi, District

Rajouri, for construction of Khul by Irrigation and Flood Control Department

in Village Rajdhani, Tehsil Thanamandi, District Rajouri. Further, the

Collector, Land Acquisition (ACR), Rajouri is directed under section 7 of

the said Act to take orders for acquisition of the said land after giving pescribed

notice to the interested person (s) as required under the Land Acquisition

Act/Rules.

However, the Collector concerned shall be personally responsible for

identifcation and proper title verification of all types of lands involved in the

cae for making apportionment of compensation amongst all the interested

persons/rightful claimants, in accordance with the relevant laws/ rules in

force, while making the award.

(Sd.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to Government,

Revenue Department.

______

360 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 142-Rev (LAJ) of 2020

Dated 10-06-2020.

Whereas, the land specification whereof as given below is required

for construction of Khul by Irrigation and Flood Control Department in Village

Chowkian, Tehsil Darhal, District Rajouri ;

District Tehsil Village Kh. Nos. Area

––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. S.

Rajouri Darhal Chowkian 2075 00-06-03

2199/2078 00-05-04

2076 00-08-00

–––––––

Total Area 00-19-07

–––––––

Whereas, on the basis of an indent placed by the Chief Engineer,

I&FC Department, Jammu, a notification under section 4 (1) was issue

by the Collector, Land Acquisition (ACR), Rajouri vide letter No. AC/LA/

563-66 dated 24-09-2019, for land measuring 19 Marlas, 07 Sarsai, situated

in Village Chowkian, Tehsil Darhal, District Rajouri ;

Whereas, the District Collector, Land Acquisition (DC), Rajouri, vide

letter No. AC/LA/646-47 dated 11-10-2019, has reported that the notification

issued under section 4 (1) of the J&K State Land Acquisition Act by the

Collector, Land Acquisition (ACR), Rajouri was served upon the interested No. 21] The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. 361 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– persons for filing objections, if any, to the proposed acquisition, but,

no objection as received from the land owners/interested persons within

the prescribed period as required under sections 5 & 5-A of the Land

Acquisition Act ;

Whereas, the report furnished by District Collector, Land Acquisition

(DC), Rajouri, vide letter referred to above duly endorsed by the Divisional

Commissioner, Jammu vide No. 502/3813/Chowkian/Raj/19/640

dated 29-10-2019 and endorsed by the Financial Commissioner, Revenue,

J&K, Jammu vide No. FC-LS/LA-5112/2020 dated 04-03-2020 has been

examined and it has been found that the land owners did not file any

objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land perticulers whereof

are given above is required for public purpose viz. construction of Khul by

Irrigation and Flood Control Department in Village Chowkian, Tehsil Darhal,

District Rajouri.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that the land measuring

19 Marlas, 07 Sarsai situated in Village Chowkian, Tehsil Darhal, District

Rajouri, for construction of Khul by Irrigation and Flood Control Department

in Village Chowkian, Tehsil Darhal, District Rajouri. Further, the Collector,

Land Acquisition (ACR), Rajouri is directed under section 7 of the said Act

to take orders for acquisition of the said land after giving pescribed notice to

the interested person (s) as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible for

identifcation and proper title verification of all types of lands involved in the

cae for making apportionment of compensation amongst all the interested

persons/rightful claimants, in accordance with the relevant laws/ rules in

force, while making the award.

(Sd.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to Government,

Revenue Department.

______

362 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 143-Rev (LAJ) of 2020

Dated 10-06-2020.

Whereas the land, specifications whereof are given in Annexure "A"

to this notification is required for construction of road from Nabna

to Chhungan by PMGSY in Village Kasblari, Tehsil Mankote,

District Poonch ;

Whereas, on the basis of an indent placed by the Executive Engineer,

PMGSY Division, JKRRDA, a notification under section 4 (1) was issued

by the Collector, Land Acquisition (SDM), Mendhar vide letter No. SDM/

LA/PMGSY/308-15 dated 14-09-2019, for land measuring 121 Kanals and

15 Marlas, situated in Village Kasblari, Tehsil Mankote, District Poonch ;

Whereas, the Collector, Land Acquisition (SDM), Mendhar, vide letter

No. SDM/LA-PMGSY/19/382-83 dated 11-10-2019, has reported that the

notification issued under section 4 (1) of the J&K State Land Acquisition

Act by him was served upon the interested persons for filing objections, if

any, to the proposed acquisition, but, no objection was received from the

land owners/interested persons within the prescribed period as required

under sections 5 & 5-A of the Land Acquisition Act ;

Whereas, the report furnished by Collector, Land Acquisition (SDM),

Mendher, vide letter referred to above duly endorsed by District Collector,

Land Acquisition (DC), Poonch vide No. DCP/LA/1655 dated 21-10-2019

duly endorsed by the Divisional Commissioner, Jammu vide No. 502/3805/

PMGSY/Kasblari/Poonch/19/2624 dated 29-10-2019 and endorsed by the

Financial Commissioner, Revenue, J&K, Jammu vide No. FC-LS/LA-5137/

2020 dated 06-03-2020 has been examined and it has been found that the

land owners did not file any objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars whereof

are given above is required for public purpose viz. construction of road from No. 21] The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. 363 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Nabna to Chhungan by PMGSY in Village Kasblari, Tehsil Mankote, District

Poonch.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that the land measuring

121 Kanals and 15 Marlas, situated in Village Kasblari, Tehsil Mankote,

District Poonch, for construction of road from Nabna to Chhungan. Further,

the Collector, Land Acquisition (SDM), Mendhar is directed under section 7

of the said Act to take orders for acquisition of the said land after giving

pescribed notice to the interested person (s) as required under the Land

Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible for identifcation and proper title verification of all types of lands involved in the cae for making apportionment of compensation amongst all the interested persons/rightful claimants, in accordance with the relevant laws/rules in force, while making the award.

(Sd.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to Government, Revenue Department.

______

Particulars of land

Annexure-'A'

District Tehsil Village Kh. Nos. Area

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Poonch Mankote Kasbalari 909 02-05

908 00-16

907 01-03

905 01-19

889 20-19 364 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. 886 06-00

882 02-15

881 01-02

883 19-17

859 01-16

858 21-01

841 00-11

840 00-02

838 02-18

814 00-05

822 03-09

803 34-17

–––––

Total 121-15

––––– THE JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., the 19th Aug., 2021/28th Srav., 1943. [ No. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A

Orders by Heads of Departments.

––––––

CHARGE REPORTS

In compliance to the Government Order No. 18-JK (ARI & Trgs.) of 2021 dated 02-08-2021 issued under endorsement No. ARI-01/05/

2021-01 dated 02-08-2021, we the undersigned have handed over and taken over the charge of General Manager, Ranbir Government Press, Jammu in all respect today the 04th of August, 2021 afternoon.

(Sd.) A. A. AKHOON,

General Manager, Ranbir Government Press, Jammu.

(Relieved Officer).

(Sd.) PARSHOTAM SHARMA,

General Manager, Ranbir Government Press, Jammu.

(Relieving Officer).

————

42 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Subject :—Relinquishing of charge.

———

Consequent upon my tr ansfer a nd posting as Deputy Commissioner, Anantnag vide Government Order No. 246-JK(GAD) of 2021 dated 16-03-2021, I hereby assume the charge of Deputy Commissioner, Udhampur today on 18-03-2021 (A. N.).

(Sd.) DR. PIYUSH SINGLA, IAS,

Deputy Commissioner, Udhampur.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol. 134] Jammu, Thu., the 19th Aug., 2021/28th Srav., 1943. [ No. 21

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART II—B

Notifications, Notices and Orders by the Heads of Departments.

———– GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE DEPUTY COMMISSIONER, RAMBAN.

Subject :—Transfer of State land measuring 17 Marlas under Khasra No. 499/13 min, Villa ge Chander kote, Tehsil Ra mba n for construction of Panchayat Ghar, Chanderkote.

Order No. 02-Rev(SQ) of 2021

Dated 22-06-2021.

In exercise of the powers vested in me vide Government Order No. 30-Rev(S) of 2019 dated 05-03-2019, issued by the Revenue Department, sanction is hereby accorded to the transfer of State Land measuring 17 Marlas, under Khasra No. 499/13 min, situated in Village Chanderkote, Tehsil Ramban for construction of Panchayat Ghar, Chanderkote in favour of Rural Development Department through Director, Rural Development, Jammu forthwith.

The land shall only be used for the purpose for which the sanction of transfer has been accorded, after obtaining all the codal formalities as may be required for construction of Panchayat Ghar. No diversion of land for any other purpose is allowed without obtaining prior approval of the competent authority.

(Sd.) .................................

Deputy Commissioner, Ramban.

––––––

230 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [ No. 21

OFFICE OF THE COMMERCIAL/STATE TAXES

OFFICER, CIRCLE-P, JAMMU.

Notification

It has been reported by M/s Idea Forge Technology Pvt. Ltd.,

187/1, Lower Ground Floor, Trikuta Nagar, Jammu bearing

TIN : 01411202806 that (03) Three No. of F-Forms bearing No. from

01W-104831 to 01W-104833 issued on 19-06-2017 have been lost and

matter stands published in the below mentioned Newspapers for declaring

them invalid :—

1. The Free Press Journal, Mumbai dated 25-03-2021

2. Parhar (Marathi) dated 23-03-2021

The dealer has also furnished an indemnity bond in this respect

which is placed on record and copy of information report issued by

District Police, Nabi Mumbai vide his No. 0345/2021 dated 12-03-2021.

Hence, the below noted F-Forms are hereby declared as invalid for

the purpose. Anbody, fraudulently using the said F-Forms will render

himself liable for penalty action as per Law.

The person/s who will find the said F-Forms please return the same

to the undersigned.

No. of F-Forms : 03 (Three)

S. No. of F-Forms : 01W-104831 to 01W-104833

Name and address of : M/s Idea Forge Technology

the dealer Pvt. Ltd., 187/1, Lower Ground

Floor, Trikuta Nagar, Jammu.

Registration No. of the : 01411202806 dealer

Lost/stolen/destroyed : Lost

Address of the dealer : M/s Idea Forge Technology to whom issued Pvt. Ltd., 187/1, Lower Ground

Floor, Trikuta Nagar, Jammu.

(Sd.) ..............................

Commercial/State Taxes Officer, Circle 'P', Jammu.

_____ No. 21] The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. 231

IN THE COURT OF SUB-REGISTRAR (JMIC) JAMMU JAMMU

Present : Adnan Sayeed

In the Matter of :—Complaint under section 523 Cr. P. C. for disposal of seized vehicle/vehicles/articles mentioned below seized under section 550 Cr. P. C. i. e. unclaimed property.

1. 12 Bore Gun No. BE986/1993 ;

2. With 3 live round and ;

3. One empty case ;

4. From Train No. 4033/34 Coach No. NR–08437 (General Coach) at P/F No. 3 Jammu Railway Station

NOTICE TO GENERAL PUBLIC

PROCLAMATION

Whereas above referred vehicle/vehicles/articles seized under section 550 Cr. P. C. by police of Police Station/Police Post, GRP, Jammu and till date no one has come forward with proof to stake the claim over the said property. As such by way of proclamation public at large is hereby informed to stake claim over the above said property and establish his/her ownership within six months period from the date of issuance of this publication failing which property shall be disposed of in accordance with law.

Issued under my hand and signature today the day of 08-10-2015.

For further proceedings put upon 27-11-2015.

(Sd.) .............................

Sub-Registrar Judicial Magistrate, Ist Class, Jammu.

––––––

Notice

I, Riya D/o Pawan Kumar and Mother name Smt. Neetu Devi R/o Udhampur, District Udhampur that I my and my mother name has been wrongly written in my Birth Certificate is Reai and my Mother name is Nitu Devi instead of Riya and Neetu Devi. Objection, if any, may be conveyed it to concerned Authority within 7 days from the

publication of this notice.

232 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [ No. 21

It is certified that I have complied with other legal requirements

in this connection.

Riya D/o Pawan Kumar and

Mother Name Smt. Neetu Devi

R/o Udhampur,

District Udhampur.

Notice

No Legal responsibility is accepted for the publication of

Advertisements/Public Notices in this Part of the Official Gazette of UT

of J&K. Persons notifying the Advertisements/Public Notices will

remain solely, responsible for the legal consequences and also for any

other misrepresentation etc.

By Order.

General Manager,

Ranbir Govt. Press, Jammu.

Notice

I, Dhruv Gupta and Apurva Gupta S/o and D/o Deep Kumar and Veerta Gupta R/o Bhawani Nagar, Jammu hereby declare that we are applying for correction in my educational documents.

According to revenue and other records, the actual name of my father is Deep Kumar and not Deep Gupta and DK Gupta, similarly the actual spelling of my mother's name is Veerta Gupta and not Virta Gupta which are wrongly recorded on our all educational documents. The rectification is mandatory to set the record straight.

Objections, if any, may be sent to the concerned authorities Jammu

within a week's time.

It is certified that I have complied with other legal requirements

in this connection.

Dhruv Gupta and Apurva Gupta S/o & D/o Deep Kumar and Veerta Gupta R/o Bhawani Nagar, Jammu.

Notice

No Legal responsibility is accepted for the publication of Advertisements/Public Notices in this Part of the Official Gazette of UT of J&K. Persons notifying the Advertisements/Public Notices will remain solely, responsible for the legal consequences and also for any other misrepresentation etc.

By Order.

General Manager,

Ranbir Govt. Press, Jammu.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., the 19th Aug., 2021/28th Srav., 1943. [No. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

ADVERTISEMENTS—C

———

UNION TERRITORY OF JAMMU AND KASMIR, RAJYA

SAINIK BOARD AMBPHALLA JAMMU-180005.

ADVERTISEMENT NOTICE 208 RSB/FS/2021

Dated 27 July, 2021.

1. Applications are invited on the prescribed application as per

Appendix to this Notification from the ex-servicemen of the District

Jammu for the post of Accountant for Fund Section on contractual

basis with honorarium of Rs. 20,000/- PM.

2. The eligibility criteria/terms and conditions for appointment are

as under :—

(a) Should be a JCO CLK (having adequate Knowledge of

Accounts and computer).

98 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––

(b) Should not be more than 55 yers of age as on 1-1-2021.

(c) Minimum Educational Qualification BA/B.Sc/B.Com. Working

Knowledge of computer is a must.

(d) Should bear an Exemplary Character at the time of

retirement from Defence Services rendered by him.

(e) Should be in Medical Category Shape-1.

(f) The candidate will not claim the seniority/permanency of

the service rendered by him.

(g) It is a contractual post and hence no pensionary or terminal

benefits for the service rendered can be claimed. Max.

terms of engagement will be 60 years of age or 10 years

of service whichever is earlier.

3. Application forms should reach J&K Rajya Sainik Board Office

by 26 Aug. 2021, positively, completed in all respects along with

Following documents duly attested :—

(a) Matriculate Certificate with Date of Brith.

(b) Permanent Resident Cerificate/Domicile Certificate.

(c) Attested copy of discharge certificate.

(d) Certificates of Academic Qualification.

(e) Experience Certificate, if any.

4. Incomplete applications will not be considered. The department

has full right to reject the application forms not meeting the eligibility.

Eligible ex-servicemen will have to appear for a written test and No. 21] The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. 99 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––———

interview at the place, to be intimated later, at thair own expense.

The candidates who apply for the post and do not get call letters for

written test/interview will not seek reasons for rejection of thair

applications from the department.

(Sd.) GURMEET SINGH SHAN BRIGADIER,

Secretary,

Rajya Sainik Board.

_________

Appendix

APPLICATION FORM FOR APPOINTMENT OF

EX-SERVICEMEN IN THE SAINIK WELFARE DEPARTMENT

OF UT, J&K

SPACE FOR

1. Post for which applied...................................

PHOTOGRAPH DULY

2. Place of Posting............................................. ATTESTED

3. No. Rank and Name.......................................

(in block letter)

4. Contact No. & e-mail ID...............................

5. Father's Name...........................................................

6. Religion......................................................................

7. Permanent Address...................................................

8. Present Address.......................................................

9. Date of birth ..........................................................

10. Date of Enrolment....................................................

11. Date of Discharge....................................................

12. Cause of Discharge.................................................

13. Character at the time of discharge..........................

100 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––– 14. Medical Category at the time of discharge.................................

15. Are you a permanent resident of the State if so, attaching attested

copy of State Subject/Domicile Certificate.

16. Qualifications :

Note :—Attested copies of all the certificates including marks

certificates be attached.

17. Past experience, if any (brief note)............................................

...................................................................................................

18. Have you ever been arrested/imprisoned under law...........................

19. It is certified that I am a bona fied ex-serviceman is

drawing..........................army pension.

Date :

Place : Signature of the applicant.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 133] Jammu, Fri., the 29th Jan., 2021/9th Magha, 1942. [No. 44-a

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws Regulations and Rules passed thereunder.

———

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOUSING AND URBAN DEVELOPMENT DEPARTMENT

Notification

Jammu, the 29th January, 2021.

———

SO-28.—In exercise of the powers conferred by Section 38 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 2014), and subject to the other provisions of the Act and 2 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– the rules made thereunder, the Lieutenant Governor of Union territory of Jammu & Kashmir hereby makes the following Scheme for the welfare of the Street Vendors, namely :—

CHAPTER 1

Preliminary

1. Short title, application and commencement :— (1) This Scheme may be called "The Jammu and Kashmir Street Vendors (Protection of Livelihood and Regulation of Street Vending) Model Scheme, 2021".

(2) It shall be applicable to all the Municipal bodies/Municipalities in

the Union Territory of the Jammu and Kashmir.

(3) It shall come into force with effect from the date as may be

notified by the Government in the official Gazette.

2. Definitions:—(1) In this Scheme, unless the context otherwise requires,—

(a) "Act" means the Street Vendors (Protection of Livelihood and

Regulation of Street Vending) Act, 2014, (7 of 2014) of Government of India ;

(b) "Chief Executive Officer" means an officer incharge of the Municipal Corporation, Municipal Council, Municipal Committee, as the cafe may be ;

(c) "Form" means form appended to this Scheme ;

(d) "Government" means the Government of Jammu and Kashmir ;

(e) "License" means the permission letter for vending issued

Scheme ;

(f) "Local authority" means the local authority as defined under

clause(c) of sub-section (1) of section (2) of the Act;

(g) "Mobile Vendor" means a person who sells goods or offers services moving from place to place as referred to in the Section 2 of the Act ;

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(h) "Section" means the section of the Act ;

(i) "Street Vendor" means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use of offering services to the general public, in a street, lane, side walk, footpath, pavement, public park or any other public place or private area , from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words "street vending" with their grammatical variations and cognate expressions, shall be construed accordingly. as referred to in clause (c) of sub-section (1) of section (2) of the Act ;

(2) The words and expressions used herein but not defined shall have the same meaning as respectively assigned to them in the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (No. 7 of 2014) and the Jammu and Kashmir Street Vendors (Protection of Livelihood and Regulation of Street Vending ) Rules, 2020.

CHAPTER 2

Survey of Street Vendors

3. Process of Survey : —(1) The Town Vending Committee of the concerned Urban Local Body such as Municipal Corporation or Municipal Council, as the case may be shall conduct the survey itself or get it done through, suitable agency.

(2) Adequate publicity of the proposed survey shall be given :

(a) On its website ;

(b) By publishing in two local newspapers ;

(c) By placing it on the notice board of the Municipality.

(d) By placing a copy in any conspicuous place in the local

market within the jurisdiction of the Municipality.

(3) The survey outcome shall be available in the digital format.

4 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (4) The process of survey shall be completed within a period of six months. The survey should be conducted to identify all existing Street Vendors within the area of its jurisdiction and the natural markets developed over the years by holding a spot verification and at the time of verification, the Committee shall also record the identity of the Street Vendor, whether the vendor is mobile vendor or a Stationary Vendor of a lane, sidewalk, footpath, pavement, public park or in any other public place or private area, in a register maintained in Form I.

(5) The issuance of certificate of vending shall be completed within

a period of one year from the date of commencement of the survey.

(6) The Town Vending Committee shall conduct a survey from morning 7.00 A.M. to 1.00 P.M. and from 3.00 P.M. to l0.00 P.M. by setting up registration camp in or nearby market and vending area.

(7) For the purpose of identifying existing Street Vendor and for registr tion, the Town Vending Committee shall use Geographic Information System (GIS) mapping, Digitalized photo census, Biometric Sensor. The survey will capture the geo-coordinates of the place of vending and other details of the vendors as indicated in the Form II.

(8) Subject to the provisions of the Act and the provision contained in the Scheme, the Town Vending Committee shall, as far as practicable, ensure that all existing Street Vendors identified in the survey conducted uhder Para 3 are accommodated in the vending zone.

4. Matters relating to taking services from Survey Agency :— (1) Survey Agency will complete the survey work under the instruction and guidance of Town Vending Committee (TVC) ;

(2) Survey Agency will collect information in assigned format and will also collect important documents to verify the information (Voter ID) Aadhaar card/Driving License) ;

(3) The Survey agency will be time bound to complete the survey work as per the agreement with Town Vending Committee and Municipality ;

(4) Database of information collected in the survey format will be

immediately prepared by Survey Agency ;

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (5) Ward-wise survey of vendors will be completed by the Survey

Agency ;

(6) During the survey, the survey agency will not incite fear or foster

greed in the street vendors or their family members.

CHAPTER 3

Vending Certificate and Indentity Card

5. Eligibility Criteria for issue of Certificate of Vending :—A

person shall be eligible for grant of certificate of vending if, —

(a) he is a citizen of India ;

(b) he is of sound mind ;

(c) he has no other means of livelihood except street vending ;

(d) he has completed the age of eighteen years or such other age as the Government may prescribe, on the date of consideration for issue of Certificate of Vending in case of existing Street Vendor and in any other case from the date of filing of application ;

(e) his name appeared in the survey carried out by Town Vending

Committee ; and

(f) he does not hold any other parallel vending site in any other place. However, his spouse and any child above eighteen years of age may have a different vending site ;

(g) the certificate of vending cannot be leased, rented or sold to ary other person. An undertaking in this respect in the Form III shall be submitted by the street vendor to the town vending committee ;

(h) Transfer of vending license upon the death of vendor should be in favour of his legal heir having no license at any other place zone in his name.

6 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) The persons those who are carrying on street vending prior to commencement of the Act shall be given preference over the persons those who are intending to start Street Vending.

(3) The Town Vending Committee While considering for issue of certificate of vending shall also give preference to senior citizen, physically disabled, single mother, widow as well as Scheduled Castes, S heduled Tribes, Other Backward Classes and minorities.

6. Application for grant and renewal of certificate of Vending :—(1) Any person who intends to carry on business as Street Vendor, may apply to Town Vending Committee and who shall, after making necessary scrutiny in accordance with the provision of this Scheme, issue the Certificate of Vending.

(2) The application for grant and renewal of certificate of vending shall be made in Form-IV and the Street Vendor shall apply for renewal three months before expiry of the period of certificate of vending.

7. Issue of Certificate of Vending :—(l) The street vendor identified survey shall be issued a certificate of vending (Form V) within a period of one year from the date of commencement of survey and subject to the conditions that :

(a) the Vendor shall not construct any permanent structure on

allotted space ;

(b) the Vendor in any way shall not obstruct the free movement of

pedestrians and traffic ;

(c) the Vendor shall carry out vending by himself or through his famify member or employee provided that such family member or employee has completed eighteen years of age and condition at para 5 (1) ;

(d) the Vendor shall not take any intoxication while vending in the

Vending Zone ;

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (e) he shall keep site allotted to him clean and dispose off their

waste materials in a properly covered dustbin ;

(f) he shall carry on his vending activities on such date and time as

specified in the certificate ;

(g) the Vendor shall not sit in any place other than the place

mentioned in his Certificate of Vending :

Provided that the Street Vendor may change his place of business only with prior approval of the Town Vending Committee ;

(h) the Vendor shall not lease out, or put the shop/stall on rent or otherwise transfer the shop/stall without prior approval of the Town Vending Committee ; and

(i) the Vendor shall pay rent for the allotted site on first week of each month to the concerned Municipality at the rate as specified in the Certificate of Vending.

(2) The Authority reserves the right to shift the street vendor to other location under exceptional circumstances in the greater interest of public.

(3) The Town Vending Committee may impose such other conditions while granting certificate of Vending having regard to category of Street Vending and the nature of vending activities to be carried on by the Street Vendor.

(4) The Certificate of Vending and identity card is valid for a period of five years from the date of its issue and such certificate and identity card may be renewed from time to time on payment of a fee of as prescribed by the Government and on fulfillment of conditions specified in this scheme and subject to the provisions of the Act :

Provided that the Town Vending committee shall have the power to refuse to renew the certificate, if it has ome to notice that the street Vendor has violated the provision of the Act or the Rules or the Scheme or any of the condition of the certificate of vending :

8 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Provided further that no order of refusal of certificate shall be passed without giving reasonable opportunity heard to the concerned Street Vendor.

(5) Every Town Vending Committee on issue of Certificate of vending shall assign a registration number as maintained in the register for the purpose.

(6) In case of Street Vendor in whose name the Certificate of vending has been issued dies or is incapacitated or becomes ill, his nominee or where there is no nominee, one of his family members in order of priority may continue as Street Vendor with an intimation to the Town Vending Committee, which shall make necessary correction in the certificate and issue an identity card accordingly and such nominee or the legal heir shall continue his business for the unexpired period of the validity of the certificate subject to the same conditions.

(7) The Town Vending Committee may grant temporary Certificate of Vending during any social or festive occasions special to the Municipality Area.

8. New Sites and Street Vendors :—(1) New street vendors who wish to carry on street vending during the intervening period of two surveys, shall apply through the local authority for the certificate of vending ; and

(2) Identification of new sites, acceptance of application from new venbors and the allotment of certificate of vending to new applicants by the local authority shall be a continuous process.

9. Issue of identity card :—(1) Every person who is holding a

Certificate of Vending shall be issued an Identity Card.

(2) The Identity Card shall be issued in Form-VI containing following

particulars, namely :—

(a) Photograph of the Street Vendor ;

(b) Name of the Street Vendor ;

(c) Age ;

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(d) Sex ;

(e) Residential address ;

(f) Address of the Vending site ;

(g) Category of Vending ;

(h) Municipal Ward or Zone (number) ;

(i) Phone No. (if any) ;

(j) Name of the Police Station ;

(k) Blood Group ;

(l) Validity ; and

(m) Time.

(3) The certificate of vending should have photograph of the person vending and that of the spouse or dependent child provided they are involved invending from that site. Photographs of all such persons shall also be addded in the certificate.

(4) In case of loss or damage of Identity Card, the Street Vendor may apply for issue of duplicate Identity Card to the Town Vending Committee ac ompanied with an affidavit, copy of FIR and fee of as prescribed by the Government.

CHAPTER 4

Renewal, Suspension and Cancellation of Certificate of Vending

l0 Application for grant and renewal of certificate of Vending : —(l) Any person who intends to carry on business as Street Vendor, may apply to Town Vending Committee and who shall, after making necessary scrutiny in accordance with the provision of this Scheme, issue the Certificate of Vending.

(2) The certificate of vending may be renewed after every five years.

10 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) The application for grant and renewal of certificate of vending shall be made in Form-IV and the Street Vendor shall apply for renewal three months before expiry of the period of certificate of vending.

(4) The TVC shall publish a list of defaulter street vendors who

failed to pay the renewal fees of certificate of vending.

(5) The renewable fees of the certificate of vending shall be

prescnbed by the Government from time to time.

(6) One-month grace period may be granted for the payment of

renewal fees without any penalty.

(7) After expiry of the period one month, the certificate of vending may be renewed on payment of renewal fees and the penalty for the delayed period.

(8) If the vendor fails to renew his certificate of vending within a period of one month, the TVC shall serve a notice to the vendor asking him of submit reasons within fifteen days from the date of issuance of the notice as why his certificate of vending should not be cancelled. If he fails to give any reason to the satisfaction of the Town Vending Committee, his certificate vending shall be cancelled.

11 Canceliation and Suspension of Certificate of Vending :— (l) The Town Vending Committee may cancel the certificate of vending of any Street Vendor on any of the following grounds, namely :—

(a) breach of any of the conditions of Certificate of Vending

mentioned in the Act or in this Scheme ;

(b) the Certificat e of Vending has been o btained on

misrepresentation or suppression of material facts ;

(c) false document or photograph has been used ;

(d) any permanent structure has been constructed on the allotted

place ;

(e) if the area allotted has been increased, occupying the additional

area unauthorizedly ;

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 11 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (f) certificate of vending is rented, sold or leased out to any other

person :

(g) the certificate of vending has not been renewed after the

ptescribed period is over ;

(h) fails to pay the monthly rent and dues of the Municipality for a

period of three months ; and

(i) the Street Vendor has employed any child below the age of 114 year s (u nder Child Labo u r Pr o hibit io n and Regulations) Act, 1986 shall be given a warning by the Town Vending Committee.If he fails to carry out the direction given in the warning, his certificate of vending shall liable to be cancelled.

(2) Any street vendor who is guilty of misbehaviour with women vendor may be given a warning, based on the written complaint filed by the aggrieved person. However, on the repetition of such misbehaviour may result in the cancellation of the certificate of vending.

(3) Where the Town Vending Committee has made an order cancelling the certificate of vending of a Street Vendor, such vendor shall surrender his certificate of vending and identity card to the Town Vending Committee within the period as specified in such order of concellation and his name shall be struck off from the register maintain for the purpose.

12. Relocation and Eviction of Street Vendor :—(l) Public purpose for which a street vendor may be relocated and the manner of relocation :—

(a) Any project of public purpose requiring temporary or permanent shifting of the street vendors in the project related area, the concerned authorities shall :

i. Adjust the street vendors required to be removed, to the extent possible, in any nearby place temporarily or perrnanently ; and 12 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ii. After the completion of the project, the street vendors may be brought back and adjusted in the newly developed project area to the extent possible. The decision of the Town Vending Committee in this regard shall be final.

(b) The rehabilitation of the street vendors under any public purpose

would be requiring the following steps, namely :—

i. Give an estimate of footfall status in an area where from

the vendors are to be shifted ;

ii. Total number of vendors to be shifted ;

iii. Footfall status of the alternative sites ;

iv. Holding capacity of the alternative sites ;

v. Likely availability of vending space after the project is

completed ;

vi. Temporary allotment of sites for shifting the vendors which

may be done by lots ;

vii. Where number of vendors in the original site is more than the number which could be accommodated after the project is completed, method of allotment ;

viii. The vendors who were carrying on business from a government land may either be placed in a plot owned by the public authority or can be organized on the road, dependi g on the availability of the space.

(2) Manner of evicting a street vendor :

(a) The town vending committee shall bring in its agenda and discuss the issue of eviction of street vendors two months prior to the issuance of one month notice of eviction, so that a survey can be conducted to identify an equally ideal vending site for the street vendors.

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) The one month written notice shall be served personallt or by a registered post in the name of the street vendor prior to the viction.

(c) In case the registered post comes back undelivered the said notice shall be pasted in the area where from such person is carryin on his vending activity. That would be deemed to be considered as the service of the notice to the person concerned. (3) Manner of evicting a street vendor physically on failure to

evict :—

(a) Any street vendor who fails to move out on the expiry of the period mentioned in the eviction notice shall be liable to pay default amount for each day.

(b) The default amount or the penalty payable by the street vendor for this purpose shall be as prescribed by the Government from timel to time. However the penalty shall not exceed the value of the goods seized.

(c) If within fifteen days/ he himself fails to vacate the allotted place local authority shall physically remove him from the site if needed by taking police help.

CHAPTER 5

Fee and Penalties

13. Vending Fees to be paid on basis of commercial potential of the site of the vending :— The town vending committee shall fix vending fees depending on the footfall of the area but such fees shall be as prescribed by the Government from time to time. Every year ten per cent fee shall be increased. The Municipality may collect vending fees annually if it deems fit.

Explanation :— The vending fees shall be according to the category of the street vendors and the status of the market. The rationale is obvious. Income potential differs from area to area. High footfall areas offer high vending opportunity compared to lean footfall areas. Therefore it is obvious to fix the fees at different rates for different categories of vending zones. Similar position may be for varied rates for cities and towns of different categories.

14 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 14. Payment of fee and fine : —(1) For the purpose of deposit of money, whether as a fee, rent or fine or penalty, payable by the Street Vendor under the Act, Rules and the Scheme, every Town Vending Committee shall open a Bank account in any Scheduled Bank and operated by such officer of the Town Vending Committee as the Municipality may direct.

(2) An annual audit of such account shall be carried out by the

TVC.

(3) The Street Vendor may deposit the fees including monthly rent and such other fee in that account with his name and Registration Number allotted to him and may also be paid in a counter opened for the purpose in the Office of the Town Vending Committee or such other place as the Town Vending Committee direct publish from time to time.

CHAPTER 6

Classification of Street Vendors

15. Classification of vendors : —(1) Vendors can be classified

into two main types :

(a) Permanent/stationary;

(b) Mobile vendor.

(2) Vendors can also be categorized with reference to the places

from where they are operating, for example—

(a) natural markets ;

(b) weekly markets ;

(c) heritage markets.

16. Special Categorization : —(1) The following categories of

vendors must be given preference while granting vending certificate—

(a) Disabled person ;

(b) Senior citizen ;

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(c) Divorced or widow ;

(d) Third gender community ;

(e) Women.

(2) Preference shall be given to the above category of vendors in distribution of certificates based on recommendations by the Town Vending Committee.

17. The categories of street vendors other than stationary and mobile vendors :— The Municipality shall report to the Government in case there is any category of street vendors other than statiorary and mobile vendors are operating from its area.

CHAPTER 7

Seizure of goods

18. Terms and Conditions of seizure of goods by the Municipality :—(1) Where the goods of the street vendor are to be seized under sub-section (1) of section 19 of the Act, the following aspect requires to be taken into consideration, namely :—

(a) Only the authorized person from the Municipality shall conduct

the seizure of the goods ;

(b) The list of goods shall be made and signed by the person/officer

authorized by the Municipality and ;

(c) The street vendor whose goods are seized should be given a

proper receipt by the authority.

19. Manner and fine for reclaiming seized goods :— The Municipality shall release the perishable goods on the same day and in case of non-perishable goods within two working days—

(a) The fees to be paid by the street vendor for reclaiming the good shall not exceed the value of the total goods so seized.

(b) In the case of vending of goods without the certificate, the charge shall be prescribed by the Government from time to time for reclaiming the seized goods.

16 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) In the case of perishable goods, the vendor may be given option to take the goods back immediately or within the working period in the next twenty-four hours by paying necessary penalty.

CHAPTER 8

Social Audit

20. Constitution of the social audit committee and manner for carrying out social audit .—(l) The Town Vending Committee shall constitute a three member Social Audit Committee for the purpose of carrying out social audit of the activities of the Town Vending Committee, under the provisions of the Act, rules of this Scheme which shall be an indpendent body.

(2) The Municipality shall nominate by name one member each

from the following streams, namely :—

(a) from amongst the academicians in the field of Sociology ;

(b) from amongst the eminent social activists ; and

(c) from amongst the Retired Administrators.

(3) The Municipality shall provide the adequate Secretariat staff

with office space and equipments to the Social Audit Committee.

(4) The manner for carrying out social audit shall be as under :—

(a) The social audit shall be carried out at least once in three years. The schedule for conduct of the social audit shall be decided three months in advance.

(b) The Town Vending Committee shall provide details of all relevant information, at least a fort night before the social audit process commences. The relevant information shall include,—

i. Status of implementation of the Act and the Scheme for

Street Vendors ;

ii. A record of the minutes of the meeting of the Town Vending Committee conducted in preceding year ;

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 17 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

iii. Record of all registered street vendors ;

iv. Record of appeals made before the Municipality ;

v. Record of all grievances/disputes brought before the

Grievance Redressal Committee ;

vi. Record of the total number and details of evictions and seizer of goods and relocation of street vendors taken place in preceding year ; and

vii. Records of social audit reports, if any, taken place

previously.

(c) The Social Audit Committee shall conduct meetings and focused group discussions with street vendors on various aspects of the implementation of the Act and the scheme.

(d) The Social Audit Committee shall record, in writing, the grievances of street vendors on any issue faced by them.

(e) At the culmination of the social audit process, the committee

shall record its findings, in writing.

(f) The Social Audit Committee shall hold a social audit public meeting at the office of the Town Vending Committee. The members of the Town Vending Committee and representatives of the Municipality shall attend the meeting. The Street vendors of the particular area and other persons from the public may participate in the meeting. The social audit unit shall read out its findings at the meeting. The Street vendors shall be encouraged to testify and the Town Vending Committee shall respond to each of the issue identified in the social audit by giving clarification and/or explanation to the affected party and the public as to why a certain action was taken or not taken.

(g) The social audit unit shall give adequate notice to the social

adudit public meeting by a public notice.

18 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (h) The Municipality shall on each finding of the social audit in cases of gaps, lapses or deviations, fix responsibility and shall take immediate corrective or disciplinary action. In case of a dispute, an administrative enquiry shall be conducted by the Municipality and action taken accordingly in the shortest time possible and in any case not later than a month.

(i) The statutory requirement of conducting social audit shall not preclude any independent initiative to carry out normal audit of accounts.

(j) The social audit report submitted in this process shall form part of the record and shall be responded to by the Town Vending Committee. Where shortcomings are found immediate action shall be taken as per this scheme or the rules.The social audit report as well as the action taken report shall form part of the record and shall be available for public information.

(k) The cost of conducting social audit shall be met from the budgetary provisions of the Town Vending Committee.

CHAPTER 9

Miscellaneous

21. Conditions under which Private places may be designated as restricted vending zones partially restricted zone and no vending zone :—(l) Private places can be operated as vending zones by written agreement between landowners and Municipality.

(2) Any institution's vacant land can be used as a vending zone by written agreement between land owner and the vendor of the Municipality. The agreement must also specify the vending duration and fee.

(3) The agreement must also specify whether the vending is to be conducted daily or weekly, and the agreement should also specify the duration of vending.

(4) The agreement should also specify that the vendor will not sell

contaminated food.

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(5) Alcoholic beverages and narcotic drugs will not be vended.

(6) Inflammable and explosive substances will not be vended.

(7) In addition to the fee in the agreement, the vendor is also liable

to pay sanitation service fee.

(8) The vendor shall not vend any object that disrupts communal

harmony.

(9) The agreement will also include that the vendor will not use any

loud noise producing equipment.

(10) The permission for vending on any business establishment or

private institution can be granted on the following terms—

(a) on the basis of time limit for vending ;

(b) on the basis of quality of goods being vended ;

(c) on the basis of goods being un-objectionable ;

(d) on the basis of request regarding the size of space by the vendor, and the extent to which the same is being permitted by the private institution/business organization via the owner or the authorized agent ;

(e) on the basis of the permission of the private institution/ business organization via the owner or the authorized agent.

22. Terms and conditions for street vending for upkeeping/ public health and hygiene.— (1) The Municipality of the concerned area shall provide the vendors a proper place to dispose of their waste materials;

(2) The street vendors shall use proper covered dustbins to dispose of the waste materials. The used water shall also be disposed of in covered container ;

(3) The Municipality shall ensure and provide the street vendors clean and fresh water along with the street light facility, wherever it is possible ; and 20 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(4) The Municipality shall provide clean and properly constructed

toilets with water and electricity facility near the street vending strips.

23. Nodal Officer.—(l) The Government shall appoint Project Director-LM as a Nodal Officer for co-ordination of all matters relating to street vending at the Union Territory Level.

(2) The Nodal Officer shall have at least half yearly meeting with the

local authority in relation to matters relating to the street vendors.

(3) The Nodal Officer may collect the feedback from the street

vendors relating to the issues and problems faced by them.

24. Maintenance of proper records and other documents.— (1) The Town Vending Committee shall maintain the record in respect of the following matters :—

(a) Details of agenda papers and minutes of the meetings of

the Town Vending Committee ;

(b) survey procedure, updated database (preferably in digital format and including the documents submitted for the identity and address) and final reports ;

(c) details of the allotment and relocation of sites to the street vindors, all the decisions of the Appellate Committee and Grievance Redressal Committee ;

(d) details of certificate of vending and identity cards

issued ; and

(e) papers for initiating five yearly survey.

Note:—The records of the survey outcomes and the allotment of sites, certificates of vending and identity cards shall be considered to be of permanent nature.

(2) The appellate committee shall maintain the records relating to

the appeals filed before it.

(3) The grievance redressal committee shall maintain the records

relating to the applications filed before it.

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (4) The Municipality shall maintain the records of seizure of goods from any street vendors, counterfoil of the receipt given to the street venors after seizure of goods, compensation paid for the seized goods and the penalty recovered from the street vendors.

25 Vending Activities on time sharing basis.— The Town Vending Committee shall determine the vending activities on time- sharing arrrngement depending on the market needs and in doing so, the women vendors shall not be discriminated while allotting time sharing vending activities.

26. The principles for determining of vending zones.—(1) Foot fall, status, road width and density of the vehicular and pedestrian movement shall be the cornerstone for deciding vending and no vending zone.

(2) There shall be "no restriction free vending zone" in the city and "no vending zone" shall be very minimum. The Town Vending Committee shall decide the particular street or market as vending zone or no vending zone as is specified below and thereafter the space should be allotted accordingly,—

(a) There shall not be any restriction-free-vending zone in the city. The capacity of an area would put the ultimate limit on the number of street vendors which can be positioned in that area. However, there shall not be any restriction on mobile vending in that area if continuously move without affecting traffic and commuter's movements.

(b) Restricted vending zones should be linked up with the road width

keeping in view the following aspects, namely :—

i. there shall not be any stationary street vending on a road having width upto 3.5 meters. However, street vending shall be allowed, if such road is declared as no vehicular road ;

ii. there shall not be any stationary street vending on a road having width between 6 meters to 9 meters. However, street vending shall be allowed if such road is declared as one-way vehicular road ;

22 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– iii. there shall be only one side stationary street vending on a road having width between 12meters to 24 meters, while stationary vending shall be allowed on a road having road width of 30 meters and above;

iv. the number of street vendors shall be decided by considering holding capacity of each designated vending area on such a road ;

v. such stationary street vending shall be allowed after taking the clearance from traffic police regarding the smooth vehicular and pedestrian movement. If required, roadside parking shall be banned in such area; and

vi. the mobile vending shall be allowed on the road keeping

the traffic and pedestrian movement in view.

(c) In the no vending zones :—

i. The town vending committee may decide the distance to be kept free from street vending near the important institute like the Secretariat District Collectorate, offices of District Panchayat, Municipal Corporation, Municipality, Nagar Panchayat, Court, Cantonment Board and State/UT archeological monument attracting a high footfall at its discretion taking into account the specifies of the area concerned.

ii. No vending within fifty meters from any crossing of two/ or move roads on all sides, both sides of the railway crossing and any declared heritage structures by the Municipality.

27. Principles to determine the holding capacity of vending zones.— (l) The following shall be the principles for determining the holding capacity of the vending zone :—

(a) 2.5% of the population of a ward or zone shall be

accommoded ;

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) the holding capacity will indicate the maximum number of vendors that can be accommodated in a defined vending zone. This shall be calculated on the basis of total area available for street vending divided by the standard unit size decided by the TVC ;

(2) The following criteria may be kept in mind by the Town Vending

Committee in determining the vending zones, namely :—

(a) a maximum of 2.2 square meter area as 'vending area' shall be provided to each vendor/hawker with dimension of 1.8 meter x 1.2 meter ;

(b) passage of 1.0 meter width in front of stalls/push carts shall be reserved as 'extention', for consumers/users to stand or buy goods ;

(c) a walkway/footpath of 1.0/2.0 meters width shall be provided for pedestrians, in front of extension space depending on the road width ;

(d) in no case, the carriage-way shall be allowed to be used for

street vending ;

(e) If the width of road permits, street vending may be allowed on

both sides of the road ; and

(f) no vending activity shall be allowed at a distance of 50 meters

from any junction/exit/entry of road.

28. Principles of relocation.—The principle of relocation shall be

subject to the following, namely :—

(a) the relocation shall be avoided as far as possible, unless there

is clear and urgent need for the land in question ;

(b) affected vendors or their representatives shall be involved in planning and implementation of their habilitation project ;

24 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) the Town Vending Committee shall engage in dialogue with the

representatives of the markets ;

(d) the mutually agreed place for relocation shall be considered

under the implementation of their habilitation project ;

(e) the effected vendors shall be relocated so as to improve their livelihoods and standards of living or at least to restore them, in real terms to the income potential of the site before the eviction ;

(f) the livelihood opportunities created by new infrastructure development projects may be used to accommodate the displaced vendors so that they can make use of the livelihood opportunities created by the new infrastructure ;

(g) the loss of assets shall be avoided ;

(h) any transfer of title or other interest in land shall not affect the rights of street vendors on such land, and any relocation consequent upon such a transfer shall be done in accordance with the provisions of this scheme ;

(i) natural markets where street vendors have conducted business for over fifty years shall be declared as heritage markets, and the street vendors in such markets shall not be relocated and the Municipality shall prepare a list of such markets and declare them as "Heritage Markets".

By order of the Lieutenant Governor.

(Sd.) DHEERAJ GUPTA, IAS,

Principal Secretary to the Government, Housing and Urban Development Department.

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM I

[SeePara 3 (4) of the scheme]

SURVEY VERIFICATION OF REGISTER

1. Name of the Municipality-

2. Name of the Vending Zone-

3. Territorial area covering the Vending Zone-

4. Number of Vending Zone-

5. Number of existing Stationary Street Vendors identified-

6. Number of Mobile Vendors-

Dated :

Signature

Place :

N.B.-In case new applicant, date of application is to be mentioned in Column (4).

26 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 27 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

28 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 29 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

30 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 31 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

32 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

34 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 35 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

36 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 37 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

38 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 39 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

40 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 41 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM III

[See Para 5(1) of the scheme]

FORMAT FOR LETTER OF UNDERTAKING BY A STREET VENDOR

I, .........................................................................wife/son/daughter of Shri .................................................Registration/Certificate of Vending No. ............... of...............................Town vending Committee, hereby declare that the certificate of Vending granted to me shall not be leased, rented or sold to any other person.

I, further declare that I am not engaged in any other business/not vending from any other vending site/not employed with any organization.

Name and Signature of the Vendor : ..................................................... . Registration/ Certificate of Vending Number :........................................

.

Date :

Signature of the Vendor

Place :

42 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM IV

[SeePara 6 (2) & 10 (3) of the scheme]

APPLICATION FOR GRANT OF CERTIFICATE OF VENDING

1. Name of the Applicant-

2. Residential Address-

3. Name of dependent family members-

4. Nature of Vending-

5. Proposed area of Street Vending (Vending Zone)

6. Aadhaar Card No.-

7. Whether belong to BPL category-

I, undertake that in the event of any of the information furnished above being found to be false or incorrect in any respect, the certificate is liable to be cancelled.

Dated :

Signature

Place :

No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. 43 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM V

[SeePara 7 (1) of the scheme]

FORMAT FOR CERTIFICATE OF VENDING

1. Name of the vendor :

2. Name of the spouse or dependent child if involved in vending with

the vendor :

3. Photo of the vendor along with his spouse or dependent child if

involved in vending with the vendor :

4. Age and sex of the person whose photo appears :

5. Address of the street vendor where he is residing :

6. Category of vending :

i. Mobile :

ii. Stationary :

iii. Any other (specify) :

7. Name of the vending place (whether it is historical place, park, market, in front of school, college, hospital, bus stand or mall etc.) :

8. Name of the local authority :

9. Date of issue of the certificate of vending :

10. Validity of certificate (since the law provides for survey every five

year, the certificate of vending should also be issued for a period of five years) :

11. Unique registration number :

12. The signature of the authority with seal :

44 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

FORM VI

[See Para 9 (1) of the scheme]

IDENTITY CARD

1. Name

Photograph

(Street Vendor) Passport size

Signature

2. Registration No.

3. Age

4. Sex

5. Residential Address

6. Vending Zone/Address of the vending site:

7. Category of Vending :

8. Municipal Ward :

9. Telephone No. (if any) :

10. Name of the Police Station :

11. Blood Group :

12. Identity Card valid upto :

13. Phone number of the vendor :

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 27h April, 2021/7th Vai., 1943. [No. 4-j –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOUSING AND URBAN DEVELOPMENT DEPARTMENT

Notification

Jammu, the 27th April, 2021.

SO-150.—In exercise of powers conferred by section 34 read with Section 51 of the Jammu and Kashmir Municipal Act, 2000, the Government hereby makes the following bye-laws for Procedure and Conduct of Business of Municipalities ; namely :—

1. Short title and commencement.—(1) These bye-laws may be called the Jammu and Kashmir Municipality (Procedure and Conduct

of Business) Bye-laws, 2021.

The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) These shall come into force from the date of their publication

in the official Gazzette.

2. Definition.—(1) In these bye-laws, unless the context otherwise

requires,—

(a) "Act" means The Jammu and Kashmir Municipal Act, 2000 ;

(b) "Clause" means a clause under these Bye-Laws ;

(c) "Form" means a Form appended to these Bye-Laws ;

(d) "Roll" means roll of attendance of the Members of a

Municipal Council or a Municipal Committee ;

(e) "Section" means a section of the Act ;

(f) "Point of order" means statement asking the presiding authority to prioritize any item of business of asking the presiding authority to correct any irregularity in the conduct of business.

(2) Words and expressions used but not defined in these Bye-Laws shall have the same meanings as assigned to them in the Jammu and Kashmir Municipal Act, 2000.

CHAPTER I

Time and Place of Meetings

3. Date, time and place of meetings of a Municipal Council or a Municipal Committee.—(1) The first meeting of a Municipal Council or a Municipal Committee for the election of President and Vice-President after general election shall be held as early as possible but not later than thirty days after the publication of the results of the election of the Members and the date, time and place of such meeting shall be determined by the Deputy Commissioner of the concerned district.

(2) The date, time and place of subsequent meetings of a Municipal Council or a Municipal Committee shall be fixed by the President by a general or special order passed in that behalf.

(3) The President or in his absence the Vice-President may, whenever he thinks fit, and shall upon a requisition in writing by not less No. 4-j] The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

than one half of the total number of Members of the Municipality to

convene either an ordinary or a special meeting of a Municipal Council

or a Municipal Committee.

(4) If the office of the President and Vice-President are lying vacant,

the duties assigned to the President under clause (3) shall be performed

by the Chief Executive Officer/Executive Officer as the case may be.

4. Roll of Members.—(1) There shall be a roll of Members elected

or nominated under sub-sections (2) and (3) of Section 10 of the Act.

(2) There shall be an attendance register maintained in Form-B

showing the names of the Members. The register shall be placed in the

meeting hall at the commencement of each meeting and every Member

present and participating in the deliberations of the meeting shall append

his signature therein against his name in such register.

(3) Every Member immediately after he has made and subscribed

at a meeting of a Municipal Council or a Municipal Committee an oath

or affirmation under sub-section (1) of Section 27 of the Act shall, before

taking his seat, sign the said roll.

(4) The oath or affirmation of the Members shall be administered

by the Deputy Commissioner of the concerned District or an officer

authorized by him in this behalf.

(5) The Members shall sit in such orders as the President may

determine.

CHAPTER-II

Election of President and Vice-President

5. Election of President.—(1) Every candidate for election as

President must be a Member chosen by direct election from the territorial

constituencies in the municipal area.

(2) Every such candidate shall be nominated by a nomination paper

in Form-l which shall be signed by the candidate and two other elected

Members as proposer and seconder and delivered to the Chief Executive

Officer/Executive Officer, between the hours of Ten O'clock in the The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– forenoon and Four O'clock in the afternoon at least three clear days before the date of meeting at which the election of President is to be held.

(3) No Member shall sign as proposer or seconder of the nomination paper of more than one candidate. In case where a member has signed as proposer or seconder nomination papers for more than one candidate, the nomination paper for the candidate which has been first received shall be deemed to be valid and the other nomination papers shall be deemed to be invalid.

(4) Any candidate may withdraw his candidature at any time before

the election is proceeded within the meeting.

(5) The meeting to conduct election of the President shall be presided over by a Member who is not a candidate for such election and who is either the consensus candidate or the senior most among the Members, as may be determined by the Chief Executive Officer/Executive Officer. The Presiding Member shall have the right to exercise his vote in the election of the President.

(6) When there is only one candidate validly nominated or when after withdrawal of candidature there is only one such candidate, the presiding authority shall declare him to be duly elected as President.

(7) When two or more validly nominated candidates offer themselves for election at the meeting, the election shall be held by secret ballot in the manner hereinafter provided.

(8) Ballot papers containing the names of persons duly nominated

shall be furnished to the elected Members at the meeting.

(9) The ballot box shall remain open for the casting of votes for

such period as may be fixed by the presiding authority.

(10) No Member shall vote for more than one candidate. At the time of voting, each Member shall place a cross (X) on the right hand side of he ballot paper opposite the name of the candidate for whom he wishes to vote, and will then fold the ballot paper and without showing the front of the paper to any person, insert the same in the ballot box in the presence of the presiding authority.

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(11) If a Member votes for more candidates than one or places any mark on the paper by which he may be identified, his ballot paper shall be considered invalid and will not be counted. A vote recorded on a ballot paper shall be rejected if the mark indicating the vote is placed on the

ballot paper in such a manner as to make it doubtful to which candidate the vote has been given.

(12) As soon as the period fixed for casting of votes is over, the presiding authority shall open the ballot box and initial each ballot paper.

(13) The votes for all the candidates shall then be counted by the presiding authority with the assistance of the Chief Executive Officer/

Executive Officer or such other Municipal Officer or employee as may be designated by the presiding authority and the candidates shall be arranged in the order of the number of votes obtained by each of them.

(14) When there are only two candidates or when after withdrawal of candidature there are only two candidates, the candidate obtaining more number of valid votes shall be declared elected as President.

(15) When there are more than two candidates, and no candidates obtains more votes than the aggregate votes obtained by the other candidates, the candidate who has obtained the smallest number of votes shall be excluded from the election and votes shall be taken again for the remaining candidates in the same manner as prescribed in the foregoing

clauses and, in this manner the candidate obtaining the smaller number of votes at each ballot shall be excluded from the election, until one candidate obtains more votes than the aggregate votes of the remaining candidates, and he shall be declared as President.

(16) Where at any ballot any of three or more candidates obtain an equal number of votes and one of them has to be excluded from the

election under sub-clause (15) of the clause 5, the determination as between the candidates whose votes are equal, of the candidates, who is to be excluded, shall be by drawing of lots.

(17) The ballot papers shall be kept by the Executive Officer for three months from the date of election and may then be destroyed by him.

The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 6. President to preside over the rest of meeting.—As soon as the President is elected, he shall preside over the meeting for the transaction of the rest of the business thereof.

7. Election of Vice-President.—The provisions of clauses (5) of these Bye-Laws shall apply, as far as may be, to the election of Vice- President subject to the modification that any reference therein to the presiding authority shall be construed as a reference to the President.

CHAPTER III

Arrangement of Business and List of Business

8. Ordinary and Special Meetings.—(1) Each Municipal Council and Municipal Committee shall ordinarily hold at least one meeting every month.

(2) The President or in his absence the Vice-President may, whenever he thinks fit and shall, within a period of ten days from the date of receipt of a requisition signed by not less than one half of the total number of members, convene either an ordinary or a special meeting of the Municipal Council or the Municipal Committee as the case may be.

(3) An ordinary meeting of a Municipal Council or a Municipal Committee shall deliberate an issue of general municipal administration, while a special meeting may be convened for transaction of business of an urgent public importance.

9. Quorum.—(1) The quorum necessary for the transaction of business at an ordinary meeting of a Municipal Council or a Municipal Committee shall be one-third of the number of the sitting members, subject to a minimum of three members.

(2) The quorum necessary for the transaction of business at special meeting of a Municipal Council or a Municipal Committee shall be one-half of the number of the sitting members.

(3) If at any ordinary or special meeting of a Municipal Council or Municipal Committee a quorum is not present, it shall be the duty of the President or the Member presiding on such meeting either to adjourn the meeting to some other day or to suspend the meeting for the time being until there is a quorum.

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10. Preparation of list of business.—(1) Every list of business (including a supplementary list) to be transacted at a meeting of a Municipal Council or a Municipal Committee shall be prepared by the Chief Executive Officer/Executive Officer, under the direction of the President in the following order :—

(a) Confirmation of the minutes of the last meeting kept in

accordance with Part-I and Part-II of Form-C ;

(b) any election by a Municipal Council or a Municipal

Committee ;

(c) questions and resolutions ;

(d) resolutions of the Standing Committees ;

(e) letters from the Executive Officer and business from the

Executive Officer ;

(f) letters from Government and others ; and

(g) any other matter.

(2) The agenda of a special meeting shall be arranged in such order

as the President may decide.

11. Notice of meetings and business.—(1) A notice of meeting of a Municipal Council or Municipal Committee shall be sent by the Chief Executive Officer/Executive Officer in Form-A appended to every member specifying the date, time and place of meeting.

(2) A list of the business to be transacted at every meeting except at an adjourned meeting shall be delivered in person to a Member or sent through registered post at the recorded address, or shall be sent on registered email of the Member at least five days before the time fixed for such meeting and no business shall be brought before or transacted at, any meeting other than the business of which a notice has been so given :

Provided that an urgent meeting may be called on a notice of a

lesser period than five days :

Provided further that any Member may send or deliver to the Chief Executive Officer/Executive Officer notice of any business beyond the The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 8 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– matters mentioned in the notice given of such meeting so as to reach him at least forty-eight hours before the date fixed for the meeting and Executive Officer shall with all possible dispatch take steps circulate such resolution to every Member in such manner as he may think fit :

Provided further that such other business or resolution may be

transacted or taken up only with the permission of Chair.

12. Supplementary agenda relating to certain urgent matters.—Notwithstanding anything contained in these bye-laws, the Chief Executive Officer/Executive Officer may prepare under the directions of the President a supplementary agenda with respect to any urgent matter and circulate that list to the Members for consideration at the ensuing meeting whether ordinary, adjourned or a special meeting.

CHAPTER IV

Questions and Resolutions

13. Questions.—(1) A member may ask during the first half of an hour of every ordinary meeting question on any matter relating to the municipal administration of the area or the administration of the Act.

(2) Not less than seven days clear notice in writing shall be given to the Chief Executive Officer/Executive Officer specifying the question to be asked.

(3) No question shall be asked which relate to a matter that is not primarily the concern of the Municipal Council or the Municipal Committee or which is under adjudication in the court of law, or which make or imply a charge of a personal character or which repeat in substance question already answered or to which an answer has been refused.

(4) The decision of the President to allow or disallow a question

shall be final.

(5) No Member shall ask more than three questions at any meeting.

(6) The order in which questions are desired to be answered shall be indicated by the Member and if no such order is indicated the question shall be placed in the list in the order in which notices are received in point of time.

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(7) No question shall—

(a) bring any name or statement not strictly necessary to make

the question intelligible ;

(b) contain arguments, ironical expressions, imputations, epithets

or defamatory statement ;

(c) relate to an expression of opinion or the solution of a

hypothetical proposition ;

(d) relate to the character or conduct of any person except in his

official or public capacity ;

(e) relate to a matter which is not primarily the concern of a

Municipal Council or a Municipal Committee or any of the

Municipal authorities ;

(f) make or imply a charge of a personal character ;

(g) relate to question of policy too large to be dealt with within

the limits of an answer to a question ;

(h) Repeat in substance question already answered or to which

an answer has been refused ;

(i) relate to information on trivial matters ;

(j) ordinarily relate to information on matters of past history ;

(k) relate to information set forth in accessible documents or in

ordinary works of reference ;

(l) raise matters under the control of bodies or persons not

primarily responsible to a Municipal Council or a Municipal

Committee ; or

(m) relate to any matter which is pending adjudication before a

Court of Law.

(8) If a question contains a statement, the Member shall be

responsible for the accuracy of the contents of such statement.

The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 10 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (9) Subject to the provisions of this rule, every question which has

not been disallowed shall be entered in the list of questions for the day

and shall be called, if the time allowed permits, in the order in which it

is enumerated in the list.

(10) After the question has been answered, any Member may put

supplementary questions for the purpose of further elucidating any matter

of fact regarding which an answer has been given :

Provided that, the presiding authority may disallow any supplementary

question if, in its opinion, it infringes any of the provisions of these

regulations.

(11) If the presiding authority is satisfied that sufficient information

is not available for an answer, it may direct that the answer to the

question may be given later at the same meeting or at the next ordinary

meeting of a Municipal Council or a Municipal Committee.

(12) No debate or speech shall be allowed on any question or

answer supplied.

(13) All questions, whether allowed or disallowed or replied, shall

be incorporated in Part-III of the register in Form-C.

14. Question of absent members.—If a Member who has given

notice of a question is not present when called upon by the President, the

question shall be deferred. The member shall be given another chance to

move the same question in the two subsequent meetings after which the

question shall be deemed to have been dropped.

15. Postponement of questions.—If the Chief Executive Officer/

Executive Officer declares that the answer to any question is not ready,

the question shall stand over to any other meeting to be fixed by the

President on receipt of the Chief Executive Officer/Executive Officer's

answer to the question, and at such meeting the Chief Executive Officer/

Executive Officer shall give his answer.

16. Mode of asking questions.—(1) When the time for asking

questions arrives, the President shall call successively each Member in

whose name a question appears on the list of questions.

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(2) The Member so called shall rise in his place and ask the question

by reference to its number on the list of questions.

17. Answers to questions.—(1) All questions admitted by the

President for a ordinary meeting shall be answered orally by the Chief

Executive Officer/Executive Officer.

(2) Such questions which cannot be answered within the allotted

time shall be deemed to have been answered.

(3) If the Chief Executive Officer/Executive Officer declares that

answer to any question is not ready, the question shall stand over to any

other meeting to be fixed by the President on receipt of the answer to

the question.

(4) The Chief Executive Officer/Executive Officer shall not be

bound to answer a question if it asks for information which has been

communicated to him in confidence or in the opinion of the President it

cannot be answered without prejudice to public interest or the interest of

a Municipal Council or a Municipal Committee.

18. Notice of resolutions.—(1) A member who wishes to move

a resolution shall give at least, forty-eight hours notice to the Chief Executive

Officer/Executive Officer of his intention and shall together with the

notice submit a copy of the resolution which he wishes to move.

(2) The President shall admit a resolution for a particular meeting

if it satisfies the following conditions, namely :—

(i) it must relate to a matter of general public interest concerning

the functions of the Municipality under the Act ;

(ii) it shall be clearly and precisely expressed ;

(iii) it shall raise substantially one definite issue ; and

(iv) it shall not contain arguments, inferences, ironical expressions,

imputations or defamatory statements.

(3) No Member shall be permitted to send notice of more than

three resolution for a monthly meeting.

The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 12 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (4) The President may, in consultation with the Member amend the form of a resolution so as to bring it in conformity with these bye-laws.

(5) The President may instead of disallowing a resolution on the ground that it does not relate to a matter of general public interest refer it to the Committee concerned with the subject matter thereof.

19. Moving the resolutions.—(1) A member in whose name a resolution stands in the list of business shall, when called upon, move the resolution.

(2) After a resolution has been moved it shall be seconded by

another Member.

(3) A resolution of the Standing Committees shall be moved by the Chairman of the respective Committee, or in his absence, by any member of the concerned Committee.

(4) After a resolution has been moved and seconded, any Member may move an amendment to the resolution and such amendment too shall be seconded by another Member.

(5) A resolution or an amendment not moved or not seconded shall

fail through.

20. Power of President to group items of business.—The President shall be competent, with the consent of the majority of the Members present to submit for consideration as one subject any two or more items of business relating to the same subject although such items may not have been grouped together on the list of business.

21. Discussion of resolution.—The discussion on a resolution

shall be strictly relevant to and within the scope of the resolution.

22. Amendment.—(1) After a resolution has been moved and seconded, any Member may move an amendment to the resolution and such amendment too shall be seconded by another Member.

(2) An amendment which has not been seconded shall fall through.

23. Withdrawal of resolution.—A Member who has moved to resolution or an amendment to a resolution shall not withdraw the same except with the leave of the Chair.

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24. Voting of resolution or motion.—(1) When a resolution or motion has been discussed, the President may put it to vote of the Members.

(2) A resolution or motion shall be decided by a majority of the

votes of the elected Members present in the meeting.

(3) In case of equality of votes, the President or the Members

presiding on such meeting shall have a second casting vote.

25. Lapse of resolution.—Any resolution appearing in the list of business for any month which does not come up for consideration within the next three following months shall lapse.

26. Resolution in respect of certain matters.—(1) A resolution

of all Standing Committees shall be moved by the Chairman of the respective Committee, if he so desires, or if he does not desire to move it or is absent, by any member of the concerned Committee present, or failing him by any other member of a Municipal Council or a Municipal Committee.

(2) Any of the matters referred to in clause 10 (1) (d) under these

Bye-laws shall be moved at the meeting by the Chairman of the Committee concerned with the subject matter thereof or in his absence by any other member of that Committee or failing both by any other member of a Municipal Council or a Municipal Committee.

CHAPTER V

Procedure for Conducting No Confidence Motion against

President for Vice-President

27. No Confidence Motion.—The No Confidence Motion brought under Section 25 of the Jammu and Kashmir Municipal Act, 2000 against the President or Vice-President of Municipal Committee/Council as the case may be shall be considered and disposed of as per the following

procedure :—

(1) Where a notice of intention to move a resolution requiring the President or Vice-President of Municipal Committee/Council to vacate his office, a special meeting of the elected Councillors shall be called for. Such special meeting shall be requisitioned The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– and signed by not less than half of the total numbers of the elected Councillors which shall be given to the President of the concerned Municipal Council/Committee. Notice shall be issued by the President Municipal Committee/Council for the special meeting within seven days from receipt of requisition from the elected councillors.

(2) Notwithstanding anything contained in these Bye-laws, the President or Vice-President of the municipality shall not preside over a meeting in which a motion of no confidence is discussed against him. Such meeting shall be presided over by a Councillor elected by majority of the elected members and the persons against whom a motion of no confidence is moved, shall have a right to vote and to take part in the proceedings of such a meeting.

(3) In case the notice not being issued by the President within the stipulated date or not convening the meeting within stipulated time, the special meeting shall be called by the Chief Executive Officer/Executive Officer within three days thereafter.

(4) The notice issued for considering no confidence motion against the President or Vice-President shall clearly contain the reasons/allegations on which the No Confidence Motion is to be brought.

(5) As soon as the meeting, called for, commences, the presiding member at the meeting shall read out the motion on which the meeting has been called before the members present and declare it open for deliberations. During deliberations, opportunity shall be given to the President or Vice-President against whom no confidence motion is moved, to defend himself. The motion shall be put to vote by the presiding member by secret ballot on the same day. If motion of no confidence is carried by resolution passed by the majority of elected members and voting at its special meeting the President or Vice-President against whom such resolution is passed shall cease to hold office forthwith.

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(6) In the event of both the posts of President or Vice-President

falling vacant as a sequel to the passage of the No Confidence

Motion, till the new President or Vice-President are elected

for the remainder period, all the powers and duties which,

under the provisions of the Act or the Rules or the regulations

made thereunder or any other law for the time being in force,

shall be exercised by the Chief Executive Officer/Executive

Officer of the Municipality.

(7) On completion of the no confidence motion process, the Chief

Executive Officer/Executive Officer shall submit a written

report to the District Election Officer immediately.

(8) Where the posts of President or Vice-President fall vacant as

a consequence of no confidence motion, the process of electing

new President or Vice-President for the remainder period

shall be completed within 30 days by the Deputy Commissioner

(District Election Officer) of the concerned District.

CHAPTER-VI

General Rules of Procedure

28. Language to be used at meetings of a Municipal Council

or a Municipal Committee.—(1) The business at a meeting of a

Municipal Council or a Municipal Committee shall be Urdu, Hindi, or

English.

(2) The President shall be at liberty to expunge from a notice of

resolution any matter which he may consider to be defamatory or grossly

offensive, and if he deems proper, he may disallow the resolution altogether

on those grounds.

(3) If the President is of the opinion that words have been issued

by any Member in any meeting which are defamatory or indecent or

unparliamentarily or undignified he may, in his discretion, order that such

words be withdrawn and the Member concerned shall comply with the

order and such words/remarks be expunged from the records of the

proceedings.

The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 29. Duration of speeches.—Ordinarily a Member moving a motion shall be allowed to speak for 10 minutes and a Member moving an amendment or taking part in the debate, to speak for 5 minutes :

Provided that the presiding authority may reduce or increase the

time prescribed herein according as the occasion demands.

30. Rules to be observed while speaking.—The following procedure shall be observed at a meeting of a Municipal Council or a Municipal Committee :—

(a) a Member desiring to make any speech or observation on any matter under discussion in the meeting shall speak from

his place, shall rise when he speaks, and shall address the President.

(b) if at any time the President rises to speak, the Member speaking or offering to speak shall resume his seat forthwith.

(c) all questions from one Member to another relating to the business of the meeting shall be put through the Chair.

(d) no Member shall speak more than once on any matter but the proposer may speak in conclusion also after hearing all others, who wish to speak.

(e) written speeches shall not be read without the permission of

the President.

(f) the speech shall be strictly relevant to the matter under discussion before the meeting and Member while speaking shall not—

(i) refer to any matter or fact on which a judicial decision

is pending ;

(ii) make a personal charge against a Member or Officer or

other employee of the Government or a Municipal Council or a Municipal Committee ;

(iii) make use of offensive expression regarding the Parliament or any State Legislature or any public institution ;

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(iv) reflect upon the conduct of the Lieutenant Governor of Jammu and Kashmir or Government of Jammu and Kashmir, or any Minister or Chief Executive Officer/ Executive Officer, or of any court of law acting in the exercise of its judicial functions ;

(v) utter treasonable, seditious or defamatory words ; or

(vi) use his right of speech for the purpose of willfully and persistently obstructing the business of a Municipal Council or a Municipal Committee.

(g) the President after having called the attention of the meeting to the conduct of a Member who acts in contravention of clause (f) or persists in irrelevance or in tedious repetition either of his own arguments or of the arguments used by any Member in debate, may direct him to discontinue his speech, and he shall discontinue it forthwith.

31. Priority to an item of business.—(1) With the consent of the majority of the members present at any meeting, the President may give priority to any item of agenda, irrespective of the order in which such item sands on the list of said agenda.

(2) The President may allow any urgent matter included in the supplementary list of business under clause 12 to be taken up for consideration at any stage of the proceedings of a Municipal Council or a Municipal Committee.

32. Motion for adjournment of debate or meeting.—When a Member moves a motion for adjourning the debate or the meeting, the President may at once put it to the vote after, giving the member such reasonable opportunity as he thinks proper to state the reasons for or against such motion.

33. Adjournment motion not to be moved in the middle of speech.—No motion for adjournment of the debate or the meeting, shall be involved while a Member is speaking :

Provided that the President may at any time adjourn the meeting

with the consent of the majority of the Members.

The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 18 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 34. Proceedings of the meeting.—(1) Minutes of each meeting

of a Municipal Council or a Municipal Committee shall be drawn up and

recorded in a book in Form-C to be kept for the purpose.

(2) The minutes of the proceedings shall be signed by the President

or the Member presiding in the meeting.

(3) The minutes of the proceedings of a previous meeting of a

Municipal Council or a Municipal Committee shall be taken as read unless

the majority of the Members present request that such minutes to be

read.

(4) If any Member present draws the attention of the meeting to

any error or omission in the minutes of the previous meeting, such

correction shall be made therein as the President, after taking the sense

of the meeting, deems fit.

(5) The minutes of the proceedings shall at all reasonable times be

available at the office of the Municipal Council or the Municipal Committee

without any charge by any member or by any person on payment of such

fee as the President may decide.

35. Voting how to be counted.—(1) Primarily questions put to

vote shall be decided by raising of hands and decision of the presiding

authority shall be final.

(2) Save as otherwise provided in these bye-laws, when voting is

demanded by at least five Members the President shall direct those who

desire to vote for a motion and those who desire to vote against such

motion to form themselves into two groups.

(3) Two tables having respectively placards "Ayes" and "Noes"

shall be placed at the end of the two corners of the hall permanently and

as soon as voting is demanded, the Chief Executive Officer/Executive

Officer shall place a list of Members on each Table and the Members

having right to vote under section 4 (3) of the Act will go and initial before

their names in the presence of tellers appointed by the President.

(4) The voting for and against the motion shall be counted by the

teller and recorded in the minute book.

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36. Meetings to be open to public.—Every meeting of Municipal

Council or Municipal Committee shall be open to the public, unless a

majority of the Members present decide by a resolution, which shall be

put by the President of his own motion or at the request of any Member

present, without any discussion, that the deliberation of the Municipal

Council or Municipal Committee be held in private.

37. Admission of public in meeting.—(1) The President may

regulate the admission of the public to witness the proceedings of a

Municipal Council or Municipal Committee in accordance with such orders

as he may from time to time make in this behalf.

(2) While making such order the President shall take into

consideration the seating capacity of the gallery available for the general

public, the procedure to be followed for applying for and granting of

admission to public, time limit for such admission and the rules of conduct

to be followed by the public while witness the proceedings of a Municipal

Council or Municipal Committee.

38. Removal of members of the public from meetings.—The

President may at any time cause any member or the public admitted to

a meting to be removed, if necessary by force, if such person interrupts

or disturbs the proceedings of the meeting in any manner whatsoever.

39. Powers of persons presiding in the absence of President

and Vice-President.—The person presiding over a meeting of a

Municipal Council or a Municipal Committee in the absence of the

President and the Vice-President shall, when so presiding have the same

powers as the President when so presiding and all references to the

President in these bye-laws shall in those circumstances be deemed to be

references to any such person so presiding.

40. Forwarding minutes and reports of proceedings to

Government.—(1) The Chief Executive Officer/Executive Officer of

Municipal Council or Municipal Committee shall forward to the Deputy

Commissioner and the Director a copy of the minutes of the proceedings

of each meeting of the Municipal Council or Municipal Committee within

three days from the date of the meeting.

The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) The Director or the Government may also in any case as for

a copy of any paper or all the papers which were laid before a Municipal

Council or Municipal Committee or any committee thereof and the

Municipal Council or Municipal Committee shall forward to the

Government, a copy of such paper or papers.

41. Validation of proceedings etc.—(1) A Municipal Council or

a Municipal Committee shall have power to act notwithstanding any

vacancy in membership thereof and no act done or the proceedings taken

under this Act shall be questioned on the ground merely of—

(a) the seat of any Member remaining unfilled for any cause

whatsoever ;

(b) the existence of any vacancy in, or any defect in the constitution

of the Municipal Council or Municipal Committee, or in any

committee thereof ;

(c) Member having voted or taken part in any proceeding

in contravention of Section 61 of the Act read with these

bye-laws ;

(d) any defect or irregularity not affecting the merits of the case.

(2) Every meeting of a Municipal Council or a Municipal Committee

or of any Committee thereof, the minutes of proceeding of which have

been duly drawn up and signed, shall be deemed to have been duly

convened.

CHAPTER-VII

Procedure and Conduct of Business of Standing Committees

42. Convening of meetings of Standing Committees.—(1) The

date, time and place of the first meeting of the standing committees after

its constitution, shall be fixed by the President.

(2) The date, time and place of every subsequent meeting of any

such Committee shall be fixed by the Chairman of the respective

Committee.

No. 4-j] The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

43. Election of Chairman.—(1) The elected members of all the

Standing Committees shall elect its Chairman or Vice-Chairman, as the

case may be to preside at its first meeting each year.

(2) The procedure prescribed in Clause 5 of these bye-laws for the

election of President shall, as far as may be, apply for the election of

Chairman or Vice-Chairman as the case may be under this clause subject

to the modification that references to the presiding authority in the said

clause shall be construed as references to the person nominated under

Sub-Clause (1).

44. Tenure of the Members of the Standing Committees.—

One half of the members of the Standing Committee shall retire on the

completion of one year from the date of its constitution. For the first year,

the members who shall retire shall be selected by draw of lots before the

expiration, in such manner as the Chairman of the Standing Committee

may determine. During each succeeding year, after completion of one

year, one half of the members who have been longest on the office shall

retire therefrom. The resultant vacancies in the Standing Committee shall

be filled up by election of members as provided in the Act/Bye-Laws :

Provided that the first such retirement shall be effected within one

month from the date of notification of these Bye-laws :

Provided further that a member cannot serve on a committee for

two consecutive terms. However, the retiring member shall be eligible for

re-election to the same Standing Committee after a gap of at least one

year.

45. Casual Vacancies.—(1) When a casual vacancy occurs in a

Standing Committee, the vacancy shall be filled up within one month of

occurrence of the vacancy by election of another Councillor.

(2) A member elected to fill a casual vacancy shall be elected to

serve for the remainder of his predecessor's term of office.

46. Special Meetings.—The Chairman of a Committee, whenever

he thinks fit, or on a written requisition signed by the Chief Executive

Officer/Executive Officer, or by not less than three members of the The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 22 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Committee concerned, within 48 hours of the receipt by him of the requisition, call a special meeting of the Committee for the transaction of any business.

47. Quorum.—(1) No business shall be transacted at a meeting of the Standing Committees unless three members of that Committee are present.

48. Resolution.—A member, who desires to move any resolution, shall give notice of his intention to the Chief Executive Officer/Executive Officer at least two clear days before the day of meeting of the Committee at which such resolution is to be brought forward.

49. List of Business.—The Chief Executive Officer/Executive Officer shall send to each member on the day previous to the meeting the list of business for the meeting and except in special circumstances and with assent of the members present, no business not entered on such list shall be transacted at a meeting of the Committee.

50. Procedure for the conduct of business of a meeting of a Standing Committee.—Save as otherwise provided in these bye-laws the procedure laid down for conduct of business of a meeting of a Municipal Council or a Municipal Committee shall, as far as may be, be followed for the conduct of business at a meeting of any Standing Committee.

CHAPTER-VIII

Procedure and Conduct of Business of Ward Committee

51. Constitution of Ward Committee.—(1) The Chief Executive Officer/the Executive Officer, shall, within a period of six months from the date appointment for the first meeting of Councillors as referred to in sub-section (1) Section 27 of the Act constitute a ward committee for every ward as specified in Section 33 (A) of the Act.

(2) Each Ward Committee shall consist of—

(i) the member of the Municipality representing the ward, who

shall be the Chairman of the Ward Committee ;

(ii) the Area Sabha representative, if any, of the area situated in

the ward ; and No. 4-j] The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. 23 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

(iii) not more than ten representatives from the civil society nominated by the Municipality satisfying following conditions :—

(a) it shall be a registered entity under any law for the time being in force, comprising of individuals who serves in a fiduciary capacity ;

(b) its registered office shall be located in the jurisdiction of

that ward ;

(c) it shall have actively engaged in the activities for not less

than three years ; and

(d) it shall be working for social welfare, including welfare of community, residents, professionals etc. and promotion of health, education, culture, trade or industry :

Provided that if the population of the ward does not exceed two thousand, the number of nominated members shall be four, and if the population of the ward exceeds two thousand, there shall be one additional member for every thousand population or part thereof in excess of two thousand :

Provided further that in reckoning the number of additional members other Ward Committee exceeding four, any part of population less than one thousand shall be ignored :

Provided also that half of the persons to be nominated the expression to the Ward Committee shall be women.

(3) Any person disqualified from being elected as a member of a municipality shall not be nominated as member of the Ward Committee.

(4) The term of office of Ward Committee shall be co-terminus

with the term of office of the Municipality.

52. Meetings of Ward Committees.—The Chairman concerned shall, convene the meeting of every ward committee once in every three months and as and when required during the interim period, and give notice intimating the venue, date and time of the meeting to the members at least seven days before the day of the meeting.

The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 24 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 53. Quorum.—(1) The quorum of the ward committee shall be

one-fifth of the total member of its members.

(2) The Chairman of the meeting shall, if quorum is not obtained within thirty minutes after the time fixed for the meeting is over, postpone the meeting to another day and give notice thereof to the members and also publish the same :

Provided that the meeting so postponed shall be convened again

within 15 days.

54. Register of member.—A register containing the names and details of the members shall be maintained and the members attending the meeting shall mark their attendance in that register.

55. Proceedings of the meeting.—(1) An officer of appropriate rank shall be designated by the Chief Executive Officer/Executive Officer to act as Secretary for each Ward Committee to provide all administrative assistance to it.

(2) The Secretary of the Ward Committee shall be the convener of the meeting of the Ward Committee who shall convene the meeting in consultation with Chairman.

(3) The Secretary shall, in consultation with the Chairman of the Ward Committee, prepare the agenda by including the business to be transacted in the Ward Committee and read it over to the members at the beginning of the Ward Committee meeting.

(4) All minutes of the proceedings of the meeting of the Ward Committee shall be recorded by the Secretary and a copy of the same shall be forwarded to the Municipality.

(5) The decisions of the Ward Committee shall normally be taken

by the majority of the nominated members of the Ward Committee :

Provided that the Chairman may exercise a 'veto' over any decision by giving reasons in writing. The decision of the Chairman shall be final and binding.

(6) No act done or proceedings taken under this Act by the Wand Committee shall be invalid merely on the ground of any vacancy in it.

No. 4-j] The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. 25 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

(7) The Chief Executive Officer/the Executive Officer of his nominee,

shall be entitled to take part in the meetings and deliberations of the Ward

Committee. The Chairman of the Ward Committee may request the

representatives of concerned departments as special invitees to participate

in the meetings.

(8) The Ward Committee may, from time to time, appoint from

amongst its members such sub-committees, consisting of such number of

members as it may think fit, and may refer to such sub-committees for

enquiry or opinion any matter elating to the functions entrusted to it.

(9) Save as otherwise provided in these regulations the procedure

laid down for conduct of business of a meeting of a Municipality or a

Standing Committee shall, as far as may be, be followed for the conduct

of business at a meeting of any Ward Committee.

CHAPTER-IX

Procedure and Conduct of Business of Area Sabha

56. Constitution of Area Sabha.—Each ward in a municipality

shall be divided into areas in such a manner that each area shall, as far

as possible, comprise of not less than five hundred and not more than one

thousand people.

57. Area Sabha Representatives.—All the electors of an area of

a ward shall constitute the Area Sabha for such area and every Area

Sabha shall elect an Area Sabha Representative from amongst themselves.

58. Disqualifications for being an Area Sabha

Representative.—Any person disqualified from being elected as a

member of a Municipality shall not be an Area Sabha Representative.

59. Election of Area Sabha Representative.—Election of Area

Sabha Representative shall vest in the Chief Electoral Officer. Accordingly

the superintendence, direction and control of electoral rolls and conduct

of election of Area Sabha Representative shall be vested in the Chief

Electoral Officer.

The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 26 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 60. Term of office.—An Area Sabha Representative shall ordinarily

hold office for a duration that is coterminous with that of the Municipality

concerned, unless—

(a) he resigns his office by notice in writing, under his hand

addressed to the President of the Municipality and thereupon

his office shall become vacant from the date of the notice ;

or

(b) his election is void or is deemed to be void, under the provision

of any law ;

(c) he incurs any other disqualifications prescribed by or under

any law for law for the time being in force for the purpose

of election to the municipality.

61. Meetings of Area Sabha.—(1) The Area Sabha Representative

shall preside over the meeting of the Area Sabha.

(2) The Area Sabha shall meet once in three months and also at

other times as often as a meeting is called by the Area Sabha Representative

in a premises identified by the Executive Officer or an officer authorized

by him.

(3) No meeting of the Area Shaba shall be held on the day on

which a meeting of the municipality or ward committee is scheduled to

be held. The Area Sabha Representative shall fix the date and time of

meeting and inform it to all the electors in the area through the Secretary

of the ward committee.

(4) At least twenty voters shall be present at the meeting of the

Area Sabha.

(5) The agenda for the meeting of Area Sabha shall be prepared by

the Secretary of the Ward Committee concerned in consultation with

Area Sabha Representative. The discussions in the Area Sabha shall be

confined to the functions entrusted to it. All decisions in the Area Sabha

shall be as far as possible arrived at through a consensus of the members

present. Where consensus is not possible, the decision shall be taken by

the majority of the members present. The Area Sabha shall pass resolutions No. 4-j] The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. 27 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

in respect of the items placed in the agenda. The Secretary of the Ward Committee shall attend the meeting of Area Sabha and render all possible assistance to the Area Sabha Representative in conducting the meeting of Area Sabha.

(6) Save as otherwise provided in these Bye-laws the procedure

laid down for conduct of business of a meeting of Ward Committee or a Municipality shall, as far as may be, be followed for the conduct of business at a meeting of Area Sabha.

62. Repeal and Saving.—(1) The Jammu and Kashmir Municipality (Procedure and Conduct of Meeting) Bye-Laws, 2005 are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the bye-laws so repealed shall be deemed to have been done or taken under the corresponding provisions of these bye-laws.

By order of the Lieutenant Governor.

(Sd.) DHEERAJ GUPTA, IAS,

Principal Secretary to the Government,

Housing and Urban Development Department.

––––– The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 28 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-A

[See Clasue 11(1)]

Form of Notice of meeting

Office of the Municipal Council/Committee...........

To,

Shri___________________________,

Councillor/Member Ward No._________.

Municipal Council/Council____________.

It is hereby informed that an ordinary/Special meeting of the

Municipal Council/Committee has been organized on................(date)

at.....................AM/PM at...................Agenda of business of the meeting

is enclosed in Annexure.

Please make it convenient to attend the meeting.

No. : .....................

Date : ....................

Chief Executive Officer/Executive Officer,

Municipal Council/Committee,

–––––––––––––––––––––––––––

––––––

No. 4-j] The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. 29 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

Annexure

List of business to be transacted for consideration in the meeting of

Council/Committee________fixed on__________at__________(time).

(Signature)

Name .............................

Designation......................

––––––

The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 30 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-B

[See Clasue 4(2)]

Attendance Register

Date of meeting......................

(Signature)

(Signature)

Chief Executive Officer/Executive Officer Presiding Officer

––––––

No. 4-j] The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. 31 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

FORM-C

[See Clasue 34(1)]

Minute Book of Municipal Council/Committee...................

PART-I.

(Signature)...............

(Presiding Authority).

––––––

The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 32 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– PART-II

(Signature)...............

(Presiding Authority)

––––––

No. 4-j] The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. 33 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

PART-III

[See Clasue (13)13]

Register of questions

Date of meeting......................

Signature

Signature............

Chief Executive Officer/Executive Officer (Presiding Authority)

––––––

The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j 34 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-1

NOMINATION PAPER

[See Clasue 5(2)]

Election of President/Vice-President, Municipal Council/

Committee.........

(To be filled by the Proposer)

I hereby nominate............................as a candidate for election as

President/Vice-President.

Full Name of Proposer ...............................................

Full Name of Seconder ..............................................

Name of Candidate ...................................................

Signature of Proposer Signature of Seconder

(To be filled by the Secretary)

S. No. of Nomination Paper...............................................

This nomination paper was delivered to me at my office at..................

(hour) on........................by the Candidate/Proposer.

Dated

Signature of Secretary

Receipt for nomination paper to be handed over to the

person presenting the nomination paper

S. No. of Nomination Paper............................................... .

This nomination paper of..........................a candidate for election

is President/Vice-President of the Municipal Council/Committee

of......................................................was delivered to me at my office

at......................(hour) on.................by the Candidate/Proposer.

Dated

Signature of Secretary.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 13th Nov., 2020/22nd Kart., 1942. [ No. 33-e –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HEALTH AND MEDICAL EDUCATION

DEPARTMENT

Notification

Jammu, the 13th November, 2020.

SO-347.—In exercise of the powers conferred by section 46 of the

Pharmacy Act, 1948, the Lieutenant Governor of Union Territory of Jammu

and Kashmir is pleased to make the following rules, namely :—

CHAPTER I

Preliminary

1. Short title.—(1) These rules may be called the Jammu and Kashmir

Pharmacy Council Rules, 2020.

2 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (2) They shall come into force from the date of their publication in the

Official Gazette.

2. Definitions.—(1) In these rules, unless the context otherewise

requires,—

(a) "Act" means the Pharmacy Act, 1948 (8 of 1948) ;

(b) "Council" means the Jammu and Kashmir Pharmacy Council

constituted under Section 19 of the Act ;

(c) "Executive Committee" means the Executive Committee under

Section 27(1) of the Act ;

(d) "Government" means the Government of Union Territory of

Jammu and Kashmir ;

(e) "Ministerial Staff'" mean the functionaries engaged/appointed by the Council under clause (b) of Section 26 of the Act ;

(f) "President" means the President elected/nominated under

Section 23 of the Act ;

(g) "Registrar" means Registrar appointed by the Council under

Section 26 of the Act;

(h) "Section" means a Section of the Act ;

(i) "Treasurer" means the President acting as a Treasurer under

sub-section (a) of Section 26 of the Act.

(2) Words and expressions used in these rules but not defined shall

have the same meaning as assigned to them in the Pharmacy Act, 1948.

3. Place of office.—The office of the Council shall be situated at Jammu and Srinagar or any other place as prescribed by the Government from time to time.

CHAPTER II

Election Representatives of Registered Pharmacists

4. Preparation of Electoral Rolls.—(1) For the purpose of election under clause (a) of section 19, the President shall prepare the electoral roll

of registered pharmacists from the register of registered pharmacists. The No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

electoral roll shall include the name, qualifications and residential addresses

of all registered pharmacists on such date prior to the date of election as

may be fixed by the Council for each election.

(2) The electoral roll shall be kept open for inspection in the Office

of the Council at least thirty days before the last date fixed for receipt of

nomination papers under rule 6. The Registrar shall at the same time issue

a notice in the official Gazette and in four newspapers in Form 2, calling

upon the registered pharmacist to send their objections or suggestions, if

any, with regard to the entries in the electoral roll before a date specified in

the notice, which will not be earlier than fifteen days of the publication of

the notice. All objections received before the date specified in the notice

shall be considered by the President and corrections made, if necessary in

the electoral roll.

(3) Any registered pharmacist aggrieved by the decision of the

President may within five days from the date of receipt of the order, prefer

an appeal to Administrative Secretary, Health and Medical Education

Department.

(4) Copies of the electoral roll shall be made available for sale at a

price to be fixed by the President.

5. Returning Officer.—The President or person authorized by the

Government shall be the Returning Officer.

6. Fixation of stages of election.—(1) The Returning Officer

shall fix the date, hour and place for the following stages of the election,

namely :—

(a) receipt of nomination papers ;

(b) scrutiny of nomination papers ;

(c) receipt of voting papers ; and

(d) counting of votes.

7. Notice of election.—At least thirty days before the date fixed

for the receipt of nomination papers, the Returning Officer shall publish in

the Official Gazette and in at least four newspapers selected by him, a 4 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— notice in Form 2 notifying the dates fixed under rule 6 and calling upon the

electors to elect new members and to send nominations for the purposes.

⁸ . Nomination of candidates.—(1) Every registered Pharmacist

whose name appears in the electoral roll prepared under rule 4 (hereinafter

referred to as the elector in this part) shall be qualified for election under

this part.

(2) Candidates qualified fer election shall be proposed and seconded

by pharmacists qualified as electors.

(3) The nomination papers shall be in Form 3 and the forms shall be

supplied by the President to every candidate on his requisition.

(4) Every nomination paper duly completed and signed by the proposer

and seconder and subscribed by the candidate himself as assenting to the

nomination shall be sent by post or otherwise, so as to reach the Returning

Officer on or before the date and the time appointed under rule 6 for receipt

of nomination paper. Nomination papers received after the time so fixed

shall be rejected. The Returning Officer shall immediately on receipt of a

nomination paper record thereon the date and the time of its receipt by him.

9. Scrutiny of nomination papers.—On the date appointed for

scrutiny of nomination papers, the candidates and one proposer and seconder

of each candidate may, attend at the appointed time and place, and the

Returning Officer shall give them all reasonable facilities to examine the

nomination papers which have been delivered within the time fixed for

their receipt under rule 6.

10. Disposal of Objections and Rejection of nomination.—

(1) The Returning Officer shall examine the nomination papers and shall

decide all objections and either on such objection or on his own motion,

after such summary enquiry, if any, as he thinks necessary, refuse any

nomination for any of the following reasons, namely :—

(a) that the candidate or his proposer or his seconder is not an

elector ;

(b) that there has been any failure to comply with the provisions of

the Act or the rules made thereunder ; and

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

(c) that the signature of the candidate or his proposer or his seconder

is not genuine or has been obtained by fraud.

(2) Where an elector has subscribed as proposer or seconder a larger

number of nomination papers than there are vacancies to be filled, only

such of the papers so subscribed as have been first received, up to the

number of vacancies to be filled shall be deemed to be valid ; and the rest

shall be deemed to be invalid and rejected.

11. Completion of scrutiny.—(1) The Returning Office shall endorse

on each nomination paper his decision whether the nomination paper has

been accepted or rejected ; and in case the nomination paper has been

rejected the reasons therefor.

(2) The scrutiny shall be completed on the day appointed in this behalf

and no adjournment of proceeding shall be allowed.

12. Withdrawal of candidature.—Any candidate may withdraw his/

her candidature within three days of completion of scrutiny of nominations

by notice in writing signed by him and delivered to the Returning Officer.

13. List of valid nominations.—On completion of the scrutiny of

nominations and after the expiry of the period within which a candidate

may withdraw his candidature under rule 12, the Returning Officer shall

forthwith under his signature publish on the notice board at the office of the

Council a list of valid nominations.

14. Procedure at uncontested elections.—After the publication

of the list of valid nominations if the number of validity nominated candidate

does not, exceed the number of vacancies to be filled in, the Returning

Officer shall forthwith declare such candidates to be duly elected to fill

such vacancies, and report the names of such candidates to the Union

Territory Government.

15. Contested election.—(l) When there are more candidates than

there are vacancies, the voting shall be by postal ballot.

(2) The Returning Officer shall forthwith publish the names and

addresses of the contesting candidates in the Official Gazette and on the

notice board at the office of the Council.

6 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 16. Printing of voting papers.—The Returning Office shall arrange

for the printing of papers in Form 4 with the name of the contesting candidates

entered therein in alphabetical order according to the official language.

17. Dispatch of voting papers to electors.—(1) Twenty-one days

before the date fixed for the receipt of voting papers under rule 6, the

Returning Officer shall send to every elector by post under certificate of

posting—

(a) one voting paper in Form 4 signed by him ;

(b) a similar blank cover with the words "Voting Paper" printed

thereon ; and

(c) a larger cover addressed to himself in Form 5.

(2) The Returning Officer shall make a mark in one copy of the

electoral roll against the name of every elector to whom a voting paper and

covers have been sent. The marked copy of the electoral roll and the

counterfoils of the voting papers sent shall be sealed in a packet immediately

after the date fixed for receipt of voting papers under rule 6.

18. Issue of duplicate voting paper.—If any elector has not received

his voting paper and covers or has inadvertently spoilt the papers or lost

them, he may sent to the Returning Officer at least seven days before the

date fixed for receipt of voting papers under rule 6 a declaration to that

effect signed by himself and the spoilt papers, if any, and require the Returning

Officer to send him duplicate papers in place of those not received, spoilt or

lost. When duplicate papers are issued, a record thereof shall be kept by

the Returning Officer and a mark "Duplicate" made on the larger cover

and on the voting paper issued. The Returning Officer shall cancel any

spoilt papers received back from the elector.

19. Delivery of voting paper to elector in person.—Any elector

whose voting paper is retuned undelivered may apply to the Returning Officer

in person for such voting paper before the date fixed for receipt of voting

papers under rule 6 and take delivery of the voting paper after satisfying

the Returning Officer of his identity and on giving a receipt.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

20. Recording of votes by elector.—(1) On receipt of the voting

paper, an elector shall record his votes by putting crosses in column 3 of the

voting paper against the names of candidate to whom he wishes to give his

votes. The elector shall have as many votes as there are vacancies and

can give only one vote each candidate. The elector shall not reveal his

identity on the voting paper by putting his signature or by any other means.

(2) After recording his vote, the elector shall put the voting paper in

the smaller cover, close it and put it in the larger cover. The elector shall

then close the larger cover and write his full name and sign at the places

marked on the larger cover. The larger cover shall be sent by post or

otherwise, so as to reach the Returning Officer on or before the date and

the hour appointed under rule 6 for receipt of voting papers.

(3) Any elector, who is under any disability which incapacitates him

from recording his vote in the above manner, may take the assistance of a

Gazetted Officer or a Magistrate in recording his votes. Such Officer shall,

in such case record on the back of the larger cover a certificate in the

following manner, namely :—

"I........................................................................hereby certify

(Name of the officer )

that...............................................................being incapable

(Name of the Elector)

of recording his votes due to........................requested (cause

of incapacity) me to record his votes and I have recorded his

votes according to his desire and in his presence."

Signature ..........................

Designation........................

21. Custody of voting papers.—All covers containing voting papers

shall on request be kept in a sealed box by the Returning Officer after

noting the date and time of receipt on each cover. Any cover received after

the date and time fixed for receipt of voting papers under rule 6 shall be

kept in a separate packet and shall not be opened.

8 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 22. Scrutiny and counting of votes.—(1) The scrutiny and counting

of votes shall be undertaken by the Returning Officer at the time, on the

day and at the place appointed under rule 6.

(2) A Candidate or not more than one representative duly authorized

by him may remain present at the time of counting votes.

(3) The whole voting paper shall be treated as invalid in case—

(a) the elector has failed to write his full name and make his signature

on the larger cover in which the smaller cover containing the

voting paper is kept ;

(b) the mark "X" is placed opposite the names of more candidates

than the number of seats to be filled or if more votes are given

then he is entitled to under sub-rule (1) of rule 20 ; or

(c) the elector has put his signature on the voting paper or has made

any other mark thereon which may reveal his identity.

(4) If the Returning Officer receives more than one voting paper

from one smaller cover, or more than one smaller cover in any larger cover,

all such voting papers shall be treated as invalid.

(5) If the mark "X" is placed as to make it doubtful to which candidate

the elector has given his vote, the vote shall be deemed to be invalid, and

the voting paper treated as invalid.

23. Declaration of result of election.—(1) When the counting of

votes is completed, the Retuning Officer shall forthwith declare the

candidates of whom the largest number of votes has been given to be

elected. If there is an equal number of votes in favour of each of two or

more candidates for one vacancy, the selection shall be determined by the

Returning Officer by drawing lots.

(2) The Returning Officer shall also inform each successful candidate

by letter of his having been elected to the Council and report to the Union

Territory Government the date of declaration of the election, and the result

thereof.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

(3) After the result of the election has been declared by him, the

Returning Officer shall seal the voting papers and all other documents relating

to the election and shall retain the same with himself in safe custody for a

period of six months, and thereafter cause them to be destroyed.

24. Filling of casual vacancy.—If there is a vacancy of a member

elected under clause (a) of section 19, the President shall, take steps to fill

it up as soon as possible by election in accordance with the procedure laid

down in rule 4 to 23.

REPRESENTATIVE OF MEMBERS OF

JAMMU AND KASHMIR MEDICAL COUNCIL

25. Representatives of Members.—(1) The President shall by

notice in writing inform the Medical Council for the Union Territory of

Jammu and Kashmir duly constituted under an enactment or if it is not so

constituted, any other authority exercising the functions of Medical Council

till it is constituted, that the term of office of the member is due to expire on

the date specified in the notice, such notice being given not later than sixty

days before the expiry of such term.

(2) The notice shall be sent by registered post.

(3) The name of the person elected shall within seven days of the

date of election, be communicated by Medical Council duly constituted

under an enactment or any other authority exercising the functions of Medical

Council till it is constituted, to the Union Territory Government, and to the

President.

26. Election of President and Vice-President.—As soon as possible

after the President or Vice-President, as the case may be, ceases to hold

office either because of the expiry of the term of office or for any reason

whatsoever, the Council shall proceed to elect his successor.

27. Record to be maintained by President.—The Registrar shall

maintain an up-to-date record book, containing the names of the members

elected or nominated on the Council the date of election or nomination of

each such Member, the terms of his office, and the date of death or

resignation, if any, of such member.

10 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 28. The limit for referring election disputes.—The time limit for referring any dispute regarding any election of a Member of the President or Vice-President to the Union Territory Government shall be thirty days in the case of elected members from the date of declaration of the result of election and in case of the President or Vice-President from the date of their Election.

CHAPTER III

29. Meetings of the Council.—(1) The Council shall ordinarily meet for the transaction of business in the month of February and September in each year but the President may, whenever she/he thinks fit and shall, upon a written requisition of not less than seven Members and on a date not later than fifteen days after the receipt of such requisition, call an extraordinary meeting.

(2) The exact date, hour and place of such meeting shall be decided

by the President.

(3) Notwithstanding anything contained in this Part, if the President in the exercise of his/her discretion shall deem that shorter notice is expedient, such notice shall be sent by telegram or other more expeditious means.

30. Notices of meetings.—(1) All Members of the council shall be given thirty clear days notice of an ordinary meeting. Every notice shall also be posted at the office of the Council. Such notice shall specify the date, time and place of the meeting and business to be transacted thereat.

(2) The President shall send to all members explanatory notes on the Agenda at least ten clear days before the date fixed for an ordinary meeting.

31. Motions for insertion in agenda.—Any Member may send a motion to be inserted in the agenda for an ordinary meeting so as to reach the President twenty dear days before the date fixed for the meeting. The Registrar shall take the orders of the President for inclusion of such motion in the Agenda, and where any motion is disallowed the reasons for doing so shall so be communicated along with the decision to the Member who sent the motion.

32. Attendance of meetings.—At each meeting an attendance

register shall be placed in the meeting room and every member present

shall sign against his/her name in the register.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 11 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

33. Business to be transacted at meetings.—At an ordinary

meeting no business or proposition other than that specified in the Agenda and in the case of an extraordinary meeting in the written request made for convening such meeting shall be transacted :

Provided that, the Presiding authority may permit any business or proposition to be discussed which is an urgent nature and which could not reasonably be entered in the notice.

CHAPTER IV

Conduct of Business at Meetings

34. Presiding Authority.—(1) Every meeting of the council shall be presided over by the President or, if he is absent, by the Vice-President or, if both President and the Vice President are absent, by a member to be elected by the members present from among themselves.

(2) All references in this part to the President shall be read as referring

to the Member fur the time being presiding over meeting.

35. Quorum at meetings.—(1) For a meeting of the Council eight members including President shall constitute a quorum; provided that, in the case of a meeting adjourned for want of quorum, no quorum shall be required.

(2) If at the time appointed for a meeting, there is no quorum, the meeting shall not commence until there is a quorum and if there is no quorum on the expiration of twenty minutes from the time appointed for the meeting or, during the course of any meeting, the meeting shall stand adjourned to such future date and time as the President may appoint.

36. Decision at meetings.—All matters for consideration at a

meeting of the Council shall be decided by a majority of votes.

37. Minutes of meetings.—(1) The proceedings of the meeting of the Council shall be preserved in the form of typed or cyclostyled or printed minutes, which shall be authenticated after confirmation, by the signature of the President.

(2) A copy of the minutes of each meeting shall be submitted to the President within fifteen days of the meeting and attested by him and it shall

then be sent to each member within thirty days of the meeting.

12 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (3) The minutes of each meeting shall contain such motion and

amendments as have been moved and adopted or negatived with the names

of the mover and the seconder, but ordinarily without any comment and

without any record of observations made by any member at the meeting.

(4) If any objection regarding the correctness of the minutes is received

by the President within thirty days of the dispatch of a copy of the minutes

to a member in accordance with sub-rule (2), such objection together with

the minutes as recorded and attested shall be put before the next meeting

of the Council for confirmation. At this meeting no question shall be raised,

except as to the correctness of the records of the meeting :

Provided that, if no objection regarding the correctness of the minutes

is received by the Registrar within thirty days of the dispatch of the copy of

the minute, the decision taken by the Council at the meeting may, if expedient,

be put into effect before the confirmation of the minutes at the next meeting.

CHAPTER V

Executive Committee

38. Composition.—The Executive Committee of the Council shall

consist of the President who shall be the ex officio Chairman of the

Executive Committee and Vice-President, ex officio, and three members

of the Council elected by ballot at the first meeting of the Council. Of the

three members so elected there shall be at least two Registered Pharmacists.

The Executive Committee so elected shall hold office till the election of the

new Executive Committee.

39. Disability to continue as Member.—A member shall cease to

be a member of the Committee,—

(a) if he ceases to be a member of the Council ; or

(b) if he remains absent from two consecutive meetings of the

Committee without the leave of the committee.

40. Resignation of Member.—A member may resign at any time

by a notice in writing to the President. Such resignation shall take effect

from the date on which it is accepted by the President.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 13 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

41. Casual vacancies.—(l) The Council shall as soon as there is a

casual vacancy in the office of a member of the Executive Committee fills

it up by electing a member from amongst its members :

Provided that, any such vacancy, occurring within two months prior

the expiry of the term of the members shall not be filled.

(2) A member elected under sub-rule (1) shall hold office so long as

the Member in whose place he is elected would held it, if the vacancy had

not occurred.

42. Acting as Registrar.—In ease of the death of the Registrar or

his incapacity from illness or his proceeding on leave for more than one

month a person may with the previous sanction of the Government be

appointed by the Executive Committee to perform temporarily the duties of

the Registrar. The Executive Committee shall grant leave to the Registrar

in accordance with the provisions of the Civil Services Rules applicable to

Union Territory Government servants, from time to time.

43. Calling of meetings.—The Committee shall ordinarily meet once

in every month on such date and at such place as may be fixed by the

President. The President may, whenever she/he thinks fit and shall, upon a

written requisition of not less than two members and on a date not later

than seven days after the date of receipt of such request call an extraordinary

meeting.

44. Notice of meetings.—All members of the Executive Committee

shall be given seven clear days' notice of ordinary meetings and three clear

days notice in the case of an extraordinary meeting. Such notice shall specify

the place, date and time of the meeting, and state whether the meeting is a

general meeting or a special meeting and the business to be transacted

threat.

45. Attendance at meetings.—(1) At each meeting an attendance

register shall be placed in the meeting room every member present shall

sign before his/her name in the register.

(2) For a meeting of the Executive Committee three members

including President and the Vice-President shall be a quorum.

14 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 46. Business to be transacted at meetings.—At any ordinary

meeting no business other than that specified in the notice calling such

meeting and in the case of an extraordinary meeting in the written request

made for convening such meeting shall be transacted :

Provided that, the presiding authority may permit any business to be

discussed which is of urgent nature and which could not reasonably be

entered in the notice.

47. Adjournment of meetings.—(1) If there is no quorum present,

the presiding authority shall adjourn the meeting to another day, and cause

a notice to be posted on the notice board at the office of the Council and

sent to each member of the Committee. The business which would have

been brought before the original meeting had there been a quorum thereat

shall be brought before the adjournment meeting and may be disposed of at

such meeting whether' there be a quorum or not.

(2) Any special or ordinary meeting may, with the consent of a

majority of members present, be adjourned from time to time, but only the

business left undisposed of at the meeting from which the adjournment

took place shall be transacted at the adjournment meeting subject to the

proviso to rule 46.

48. Decision at meetings.—(1) All questions at a meeting of the

Executive Committee shall be decided by a majority of votes of the members

present, and voting.

(2) The presiding authority shall have second or casting vote in all

cases of quality of votes.

49. Minutes of meetings.—The Executive committee shall keep

minutes of proceedings of each meeting which shall be dealt with according

to the same procedure as that indicated in Chapter IV for the minutes of

the Council.

50. Powers, duties and functions of Executive Committee.—

(1) The Executive Committee shall consider all petitions of applicants

addressed to the Council and shall submit its report thereon to the Council.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 15 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

(2) Subject to the provisions of the Preceding rule, all petitions

addressed to the Council immediately before or during the sessions of the

Council shall be laid upon the table.

(3) The Committee shall consider and prepare a report on any subject

which may be seen to require the attention of the Council or on such subjects

as may be indicated to it by the Council.

(4) The Executive Committee shall, before each meeting of the

Council prepares the business for the consideration of the Council.

(5) The Executive Committee shall superintend the publication of the

Register of Pharmacists which shall be prepared by the President who

shall cause it to be printed. A statement of the distribution of the copies of

the Register to the Government Offices as approved by the Government

and to others as may be directed by the Executive Committee shall be

added annually to the Register as printed.

(6) The Executive Committee shall order each year such number of

copies of the Register of Pharmacists to be printed as may seem to the

Registrar/Pharmacists to be printed as may seem to the President to be

required on a revision of the annual distribution list which shall be prepared

by the President.

CHAPTER VI

Powers and Duties of President and Vice-President

51. Powers and duties of President.—The President shall exercise

such powers and perform such duties as are conferred or imposed on him

by the Act and the Rules. He shall also do such acts as she/he considers

necessary in the furtherance of the objects for which the Council is

established.

52. Powers and duties of Vice-President.—If the Office of the

President is vacant or if the President for any reason is unable to exercise

the powers to perform the duties of his/her office, the Vice-President will

act in her/his place and shall exercise the powers and perform the duties of

the President.

16 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— CHAPTER VII

Registration

53. Form of register.—The Register of Pharmacist to be maintained

under sub-section (2) of section 29, shall be as in Form 6 appended to these

Rules.

54. Manner of writing register.—(1) The names shall be entered

in the Register in the order in which the applications for registration are

admitted end sufficient space shall be left for future additions and alterations

in the qualifications and address of each entry.

(2) Each page of the register shall be verified by the Registrar's/

President signature and each entry of renewal shall be attested by initials.

55. Certificate of registration.—(1) On the registration of every

pharmacist under the Act, the President shall grant such Pharmacist a

certificate in Form 7.

(2) In the event of a certificate issued under sub-rule (1) being lost or

destroyed the holder may at any time during which such certificate is in

force, apply to the Registrar/President under section 39 for a fresh certificate

and the Registrar/President may, if she/he thinks fit on satisfactory proof

as to the identity of the applicant, grant such certificate on payment of the

fee prescribed in rule 62 for a duplicate certificate. The certificate issued

under this sub-rule shall be marked "DUPLICATE".

56. Application for registration.—Every person entitled under

section 32 to be registered under the Act and desiring to have himself/

herself registered shall apply to the Registrar/President in Form 8 duly

filled in and signed. Every such application shall be accompanied by the fee

prescribed therefore in rule 62.

57. Validity of registration.—(1) The name of every person first

entered on the Register under the Act shall, subject to the provisions

contained in the Act as to the erasure of the entries and removal of names

from the Register, remain valid, if she/he deposits a fee towards grant/

retention as applicable in terms of the provisions laid down under Rule 62.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 17 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

(2) A person desiring to continue her/his registration after the date

mentioned in sub-rule (1), shall remit to the Council the fee prescribed

under rule 62 not later than 3 months of such validity. The person may remit

the fee for 05 years for which she/he desires to have her/his registration

renewed after paying the requisite fees prescribed in rule 62.

(3) If the registered pharmacist fails to pay retention fee on or before

the due date as referred to in Rule 62, she/he shall be liable to pay certificate

retention/late fee calculated at the rate of Rs. 100/- as prescribed in rule 62

for every month or part thereof up to six months, and in the event of non-

payment of such fee, the certificate shall deemed to have been cancelled :

Provided that in case of such candidates who were holding registration

as Pharmacist under the repealed Jammu and Kashmir Pharmacy Act,

Samvat, 2011, (1955 A. D.), the validity/extension of their registration shall

be governed in terms of Executive Order issued by the competent authority

(Union Territory of J&K/J&K Pharmacy Council).

58. Additional qualification.—(1) An application for registration

of an additional qualification under section 35 shall be in Form 9 and shall

be accompanied by the fee prescribed in this behalf in rule 62 and documents

of the diploma or degrees sought to be added.

(2) On registration of the additional qualifications under sub-rule (1),

the President shall grant such Pharmacist a certificate in Form 10.

(3) Certified copies of entries in the Register in Form 11 may be

issued to any person applying therefore on payment of the fee prescribed

in rule 62.

59. Change of name.—An application for a change of name of

shall be made by the registered Pharmacist himself, and shall be

accompanied by the fee prescribed therefore in rule 62 and also an affidavit

sworn before a magistrate stating that the applicant is the same person

whose name is registered with the particular number, and the circumstance

for which the change is sought.

60. Change of address.—It shall be the duty of every registered

person who changes his address to intimate that fact to the President within

one month after such change.

18 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 61. Information to be published.—There shall be made every year

and entered in the printed Pharmacy Register an enumeration of :—

1. the total number of persons in the published Register ;

2. the number of persons registered during the year ;

3. the number of persons whose names are restored to the Register

during the year ;

4. the number of persons whose names have been removed from the Register during the year stating the section of the Act under which the name has been removed ; and

5. the number of persons whose names have been removed due to

death during the year.

CHAPTER VIII

Fe e s

62. Fees.—The following fees are prescribed by the Council :—

i. For the first registration in the Register @ 3000/- (for first five

years perpetually) ;

ii. For the first registration in the Register for non-Residents

@ 3500/- (for first five years perpetually) ;

iii. For the first registration for passing outside the @ 3500/-

(for first five years perpetually) ;

iv. For the first registration from Abroad @ 3500/- (for first five

years perpetually) ;

v. For every additional qualification or status subsequently registered

@ 1000/- ;

vi. For every Good standing Certificate @ 3,500/- ;

vii. For restoration to the Register after removal @ 3000/- ;

The modalities for any discrepancy observed to decide the fee

for periods not following within the meaning of provisions

mentioned in Rule, the competence shall rest with Executive No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 19 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Committee of the Council whose decision shall be final and

conclusive.

viii. For annual renewal/retentions @ 600/- ;

ix. For retention late fee @ 100/- per month up to 6 months ;

x. For registration of a change of name @ 500/- ;

xi. For every certified copy of an entry in Register @ 500/- ;

xii. For a "Duplicate" Certificate under Rule 55 (2) 1000/- for first

time, 2000/- for second time and 5,000/- for third time together

with stamp duty leviable under the Indian Stamp Act, 1899, or

any other Law for the time being in force relating to the levy of

the Stamp Duty.

CHAPTER IX

Penal Removal from the Pharmacy Register

63. Complaints against registered Pharmacists.—(1) The

Council may suo moto or any complaint made to it in that behalf hold an

enquiry with respects to conduct of any registered Pharmacist for the

purposes of section 36.

(2) Whenever information is received that the name of a person has

been in the register of Pharmacist by err or or on account of

misrepresentation of a material fact or that a registered pharmacist or a

person employed by him for the purpose of his business has been guilty of

conduct which prima facie constitutes infamous conduct in a professional

respect, if such person were a registered pharmacist, the President shall

make an abstract of such information and of any further information he

may have subsequently obtained.

(3) When the information in question is in the nature of a complaint

by a person or body charging the pharmacist with infamous conduct in any

professional respect, such complaint shall be made in writing addressed to

the Registrar/President and shall state the grounds of complaint and shall

be accompanied by one or more declarations as to the fact of the case. All

anonymous complaints shall be disregarded.

20 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (4) Every declaration shall state the description and true place of

abode of the declarant and where a fact stated in a declaration is not within

the personal knowledge of the declarant the source of the information and

grounds for the belief of the declarant in its truth shall be accurately and

fully stated.

64. Procedure for submission of complaint to Executive

Committee.—(1) The abstract, and where a complaint has been lodged

the complaint and all other documents bearing on the case shall be submitted

by the Registrar to the President who shall, when he thinks this necessary,

instruct the Registrar to ask the Pharmacist by means of a registered letter

for an explanation he may have to offer.

(2) The document including any explanation forwarded by the

pharmacist to the Registrar/President shall then be referred to the Executive

Committee.

65. Powers of Executive Committee.—(1) The Executive

Committee shall consider the same and shall have power to cause further

investigation to be made and further evidence to be taken and if necessary

to obtain legal or other advice. The executive Committee if it so desire may

request the Drugs Control Administration of the Union Territory and

authorize them to enquire into the matter on their behalf.

(2) If the Committee is of the opinion that a prima facie case is not

made out, the case shall not be proceeded further and the Registrar/President

shall inform the complainant, if any, of the resolution of the Committee.

(3) If the Committee is of the opinion that the circumstance suggest

that a letter of warning be sent, the Committee shall sent it.

(4) If the Committee resolves that the case is one in which an enquiry

ought to be held, the President shall direct the Registrar to take steps for

the institution of an enquiry and for having the case heard and determined

by the Executive Committee.

66. Enquiries.—(1) An enquiry directed under the foregoing rule

shall be instituted by the issue of a notice in writing on behalf of the Executive

Committee by the Registrar/President addressed to the Pharmacist, such No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

notice shall specify the nature and particulars of the charge and inform him

of the day on which the Executive Committee intend to deal with the case

and shall call upon the Pharmacist to answer the charge in writing and to

attend before the Executive Committee on such day. The notice shall be in

Form 12 with such variation as circumstances may require and shall be

sent at least three weeks before the date of enquiry. The Registrar /

President shall also inform the complainant of the date so appointed, when

the case is one under rule 63 (3).

(2) Any answer, evidence or statement forwarded or application

made by the Pharmacist between the date of the issue of the notice and the

day named for the hearing of the case shall be dealt with by the President

in such manner as he shall think fit.

(3) All material documents which are to be laid before the Executive

Committee as evidence of the case shall be printed or typed or cyclostyled

and a copy shall be furnished to each Member of the Committee before the

hearing of the case.

67. Legal assistance at Inquiry.—(1) At the hearing of the case

by the Executive Committee, the Pharmacist and where the case is under

rule 63 (3) also the complainant may be represented or assisted by a legal

representative.

(2) The Executive Committee may, if it considers necessary employ

a lawyer to advise it in the conduct of the case.

68. Procedure of Inquiry.—When in a case under rules 63 (3) the

complainant appears personally or by a legal representative, the following

will be the order of procedure :—

(a) The Registrar will read to the Executive Committee the notice

of the enquiry addressed to the Pharmacist.

(b) The complainant or his authorized representative will then be

invited to state his case and to produce evidence in support of it.

(c) The Registered Pharmacist or his authorized representative will

then be invited to state his case and to produce his evidence in 22 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— support of it. He may address the Executive Committee either

before or at the conclusion of his evidence but only once.

(d) At the conclusion of the Pharmacist's case, the Executive Committee will, if the Pharmacist has produced evidence, hear the complainant in reply on the case generally, but will allow no further evidence except in any special case in which the Executive Committee may think fit to allow such further evidence. If the Pharmacist produces no evidence, the complainant will not be heard in reply except by special leave of the Executive Committee.

(e) Where a witness is produced by any party before the Executive Committee he will be first examined by the party producing him and then cross-examined by the adverse party, and then re-examined by the party producing him. The Executive Committee may decline to admit in evidence any declaration where the declarant is not present or decline to submit to cross- examination.

(f) The President and the lawyer where any is employed by the President may put questions to the complainant, the Pharmacist or any witness. A Member of the Executive Committee may also put questions to them but such questions shall be put through the President.

69. Absence of complainant.—(1) Where there is no complainant or no complainant appears, the following will be the order of procedure :—

(1) The Registrar will read to the Executive Committee the notice of enquiry addressed to the Pharmacist and will state the facts of the case and produces before the Executive Committee the evidence by which it is supported.

(2) The Registered Pharmacist or his authorized representative will then be invited to state his case and to produce evidence in support of it. He may address the Executive Committee either before or at the conclusion of the evidence he produces, but only once.

(3) The lawyer to the Executive Committee when one is employed,

may be heard in reply if the Executive Committee so desire.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 23 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 70. Adjournment of meetings.—The Executive Committee may,

if they think it necessary adjourn the hearing or further hearing of a case to

another date, and inform accordingly the Pharmacist and the complainant,

where any, when they are present ; and when they are not present or when

the date to which the hearing or further hearing is adjourned is not fixed

forthwith, the Registrar shall intimate to them the date, by a letter to be sent

by Registered post at least 28 days before that date.

71. Decision of Executive Committee.—(1) Upon the conclusion

of the hearing the Executive Committee will deliberate in private, and at the

conclusion of the deliberation, the President shall call upon the Members of

the Committee present to cast their votes on the following questions

according to the nature of the charge, namely :—

(a) Whether the Pharmacist or the person employed by him for the

purpose of his business of Pharmacy, has been convicted of the

offence stated in the charge ;

(b) Whether the Pharmacist has been guilty of an infamous conduct

in a professional respect ;

(c) Whether the conduct of a person employed by him for the

purpose of his business of Pharmacy has been such as would

constitute infamous conduct if such person were a Registered

Pharmacist ;

(d) Whether the name of the Pharmacist has been entered in the

register by error or on account of misrepresentation or

suppression of a material fact.

(2) If the majority of the Members present (including the President

who shall have a casting vote in case of equality of votes), vote in the

negative, the Pharmacist shall be discharged.

(3) If the majority of the Members present (including the President)

who shall have a casting vote in case of equality of votes), vote in the

affirmative, the Committee shall proceed to consider the punishment to be

imposed. Such punishment may be either removal of the name from the

register permanently or for a specified period or merely warning or censure

to the Pharmacist :

24 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Provided that, when the charge is that the Pharmacist has been

convicted of an offence, the Committee may, in consideration of the nature

of the offence retain from imposing any punishment on him.

(4) When the decision taken under sub-rule (3) is for removal of the

name of the Pharmacist from the register, the Executive Committee shall

order that the name be removed accordingly, after the same has been

confirmed by the Council.

(5) The President shall upon the removal of any name from the

Register pursuant to the provisions of the preceding clauses or section 36

forthwith send notice of such removal to the Pharmacist and such notice

shall be sent by a registered letter addressed to the last known address or

the registered address of the Pharmacist. The President shall also send

forthwith intimation of any such removal to the Licensing Authority of the

Union Territory under the Drugs and Cosmetic Act, 1940, and also the

Dean or Secretary or other proper Officer of any body or bodies from

which the Pharmacist has received his qualifications as well as to the

President of all the State/Union Territory Councils.

CHAPTER X

Restoration and Re-entry or Name in the

Register in Pharmacists

72. Re-entry of name in the register.—The Executive Committee

may, on application received from a person whose name has been removed

from the Register under Section 34, direct the President if it thinks fit to re-

enter the name in the Register.

73. Application for re-entry.—The application for re-entry, if a

name is removed from the Register under section 34, shall be in Form 13

and shall be accompanied by the following documents, namely :—

(a) applicant's diploma, degree or experience certificate or certificate

of educational qualification ; and

(b) his certificate of registration in original if the same has not been

already returned under sub-section (5) of section 36.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 25 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

74. Restoration of name.—Any person whose name has been

removed from the Register under section 36 but who still possesses a

qualification entitling him to be registered under the Act, may make an

application to the Council for the restoration of his name in the Register and

the following procedure shall be followed in the case of every such application,

namely :—

(1) The application shall be in writing addressed to the Council and

signed by the applicant and shall state the grounds on which the

application is made ;

(2) The application shall be accompanied by,—

(a) a declaration made by the applicant setting forth the facts

of the case and stating that he is the person originally

registered ; and

(b) by one of the following documents—

(i) applicant's diploma/degree ;

(ii) his certificate of registration in original if the same has

not been already returned by him in accordance with the

provisions of sub-section (5) of section 36 ;

(iii) a certificate in Forrn 14 from two Pharmacists registered

under the Act as to his identity.

(3) The statements in the application shall also be verified by

certificates in writing to be given by two Pharmacists registered under the

Act who are residents in the neighborhood of the place where the applicant

has been residing since the removal of his name and who were and are

well acquainted with him before and since the removal of his name. They

shall testify to his present good character.

(4) The application and the certificates referred to in sub-rules (2)

and (3) shall be in Forms 15 and 16 with such variation as circumstances

may require.

26 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (5) Application for restoration to the Pharmacy Register of a name

removed under section 36 shall be entertained at the next session of the

Council.

(6) Before the application is considered by the council, the President

shall notify the same to the Licensing Bodies whose qualifications were

held by the applicant at the time his name was removed; and shall further

by letter addressed to the person or body (if any) on whose complaint the

applicant's name was removed, give notice of the application and of the

time when the Council intends to consider the applicant.

(7) The Council shall consider the application and may, if it thinks the

consideration of it to a future date or require further evidence or explanation

from the applicant.

(8) On restoration of a name in the register of Pharmacists, the

President will forthwith send intimation of such restoration to the Licensing

Authority under the Drugs and Cosmetic Act, 1940, and also to the Dean or

Secretary or other Officer of any body or bodies from which the Pharmacist

has received his qualification or qualifications as well as to the Registrars/

Presidents of all the State/Union Territory Councils.

CHAPTER XI

Registrar and Management of Office

75. Registrar.—The post of the Registrar shall be of a permanent

tenure. To be eligible for appointment to that Post, a candidate must possess

a degree either Pharmacy or Science of a University established by Law

and must have adequate administrative experience. Preference will be given

to a candidate possessing a degree in Pharmacy. Possession of a degree in

Law of a University established by law shall be considered as an additional

qualification. In the case of new appointment there shall be a probationary

period of one year. The Registrar shall be full-time Officer of the Council :

Provided that the President of the Council may authorize any Member

to discharge the duties for the said post, till such time a permanent

arrangement for the post of Registrar is made or perform such duties from

his own.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 27 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

76. Duties of Registrar.—(1) The Registrar shall keep the Pharmacy

Register in accordance with the provisions of the Act and these rules.

(2) The Registrar shall be present at every meeting of the Council

and of the Executive Committee and shall take minutes at such meetings.

(3) The Registrar shall act as Secretary of the Council, shall conduct

and have charge of the correspondence of the Council, and shall issue all

requisite notice in the manner required under these rules.

(4) The Registrar shall fulfill all the duties that may be required by

him by the Act and these rules.

77. Office hours and leave to Registrar.—Public holidays except

the Office of the Registrar shall be kept open during the days when Union

Territory Government Office are kept open with 5 days a week from Monday

to Friday. The Registrar shall not absent himself from duties except with

the permission from the President. The President shall grant leave to the

Registrar in accordance with the principles laid down in the Jammu and

Kashmir Civil Service Rules, 1956.

78. Power of Registrar.— (1) The Registrar may obtain whatever

temporary additional assistance that may be required by him, with the

previous sanction of the President/Council.

(2) The Registrar shall have the general control of the management

of the Office, authority over the Treasurer, Section Officer, Clerks and

other servants.

79. Term of office and casual vacancies.—(1) Subject to the

provisions of this section, a nominated or elected member, other than a

nominated President shall hold office for a term of five years from the date

of his nomination or election or until his successor has been duly nominated

or elected, whichever is longer.

(2) A nominated or elected member may at any time resign his

membership by writing under his hand addressed to the President, and the

seat of such member shall thereupon become vacant.

28 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (3) A nominated or elected member shall be deemed to have vacated

his seat if he is absent without excuse sufficient in the opinion of the Union

Territory Council from three consecutive meetings of the Union Territory

Council, or if he is elected under clause (a) or (c) of section 19 or 21 of the

Pharmacy Act, 1948 or if he ceases to be a registered pharmacist or causes

to be a member of the Medical Council duly constituted under an enactment

or Council of Medical Registration for the Union Territory of Jammu and

Kashmir, as the case may be.

(4) A casual vacancy in the Council shall be filled by fresh nomination

or election, as the case may be, and the person nominated or elected to fill

the vacancy shall hold office only for the remainder of the term for which

the member whose place he takes was nominated or elected.

(5) No act done by the Council shall be called in question on the

ground merely of the existence of any vacancy in, or any defect in the

constitution of, the Council.

(6) Members of the Council shall be eligible for re-nomination or

re-election.

80. Staff, remuneration and allowances.—The Council may, with

the previous sanction of the Government,—

(a) appoint a Registrar who shall also act as Secretary and, if so

decided by the Council, Treasurer of Council ;

(b) appoint such other officers and servants as may be required to

enable the Council to carry out its functions under this Act ;

(c) fix the salaries and allowances and other conditions of

service of the Secretary and other officers and servants of the

Council ;

(d) fix the rates of allowances payable to members of the Council :

Provided that for the first four years from the first constitution

of the Council, the Registrar shall be a person appointed by the

Government, who shall hold office during the pleasure of the

Government.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 29 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— CHAPTER XII

Common Seal

81. Custody of seal.—The common seal of the council shall be

kept in a box having two different locks and the key of one of these locks

be in the custody of the President and the key of the other lock in the

custody of the Registrar who shall further authorize any responsible person

from the ministerial staff for holding the same in a safe custody.

82. Affixing of seal.—(1) The seal shall be affixed only by the Council

or, when the Council is not sitting, by order of the Executive Committee, but

its use by such committee shall be limited to such acts as may be necessary

to carry into effect the powers delegated and duties entrusted to it by the

Council.

(2) Any order for affixing the seal shall state the object of its use,

and shall be entered in the minutes of the Council of the Executive

Committee, as the case may be.

CHAPTER XIII

Accounts

83. Donations.—The Council is authorized to receive for the purpose

of its expenses, benefactions and contribution from private persons and

bodies already proceeds of the sale of reports and other publications. All

credits/debits in the account (Revenue/Donations/Fee) shall be made through

online module i. e. (Internet Payment Gateway). Bank charges on account

of transactions shall be borne by the Bank/end-users.

84. Opening of bank accounts.—An account shall be opened in

the Jammu and Kashmir Bank or State Bank of India (any nearest branch)

located in the name of the Council and such of its money may be invested

also in Government as the Executive Committee thinks fit.

85. Security for fidelity bond.—The treasurer appointed under

section 26 shall furnish a security for 1,000/- or shall execute a fidelity

bond for a similar amount to the satisfaction of the Council. He shall receive

all moneys payable to the Council, or deposited in the manner provided in

rule 83.

30 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 86. Statement of accounts.—(1) The treasure shall superintend the

details of income and expenditure of the Council and shall at each ordinary

meeting of the Executive Committee submit a Financial Statement showing

the transaction of the Council for the month previous to one in which the

meeting is held. This statement shall if possible be sent out with the notice

calling the meeting.

(2) The Treasurer shall in the month of July in each year prepare a

statement of the income and expenditure of the preceding financial year

ending 31st March, and draw the attention of the Council to such matters

as seems deserving the notice.

87. Annual audit of accounts.—As soon as possible after the

statements of income and expenditure of the preceding financial year ending

31st March are approved, the President of the Council are authorized to

audit the accounts from the empaneled Chartered Accountant.

88. Estimate of revenue and expenditure.—(1) The annual

accounts and estimate for the next financial year shall be made up by the

treasurer and laid before the Executive Committee by the Registrar.

(2) In the month of February, in each year, an estimate of the revenue

and of the expenditure of the Council for the year commencing on 1st April

next ensuring shall be laid before the Council.

(3) Such estimate shall make provision for the fulfillment of the liabilities

of the Council and for effectually carrying out its objects. It shall include on

its revenue side, besides all revenue ordinarily anticipated, such grant as

Government may allot and all fees received from registration and other

sources.

89. Supplementary estimates.—The Council may at any time during

the year for which any estimate has been sanctioned cause a supplementary

estimate to be prepared and submitted to it. Every such supplementary

estimate shall be considered and sanctioned by the Council in the same

manner as if it were an original annual estimate. No expenditure shall be

incurred by the Council which is not duly provided for in the budget or in a

supplementary budget estimate.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 31 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

90. Scrutiny of claims.—A bill or either voucher presented as a

claim for money shall be received and examined by the treasurer. If the

claim be for a sum not exceeding Rs. 500/- and the bill is in order, he shall

pay it. If the claim be for a sum exceeding Rs. 500/- payment shall be made

after it is sanctioned by the President.

91. Accounting of all sums received or spent.—The treasurer

shall immediately bring into account in the general cashbook all money

received or spent by the Council.

92. Signing of Cheques/Invoices.— All Cheques/Invoices on the

Bank shall be signed by the President or his nominee.

By order of the Government of Jammu and Kashmir.

(Sd.) ATAL DULLOO, IAS,

Financial Commissioner,

Health and Medical Education Department, J&K.

––––––

32 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Annexure

APPENDIX FORM-2

RULE 6

Notice of Election

Election of a member or member of the

Union Territory Pharmacy Council

Notice is hereby given pursuant to the provisions of Rule 6 of the

Rules and Regulations of the_____________Jammu and Kashmir

Pharmacy Council that the election of__________members or the State

Pharmacy Council to serve during the period expiring__________day of

is about to be held.

Nominations of eligible persons to fill the vacancy are invited.

Each candidate must be nominated by a separate nomination paper,

but any person entitled to vote at the election may sign the nomination

paper of any number of candidates not exceeding the number to be elected

and for which he is entitled to vote.

Every nomination paper must be in the Form 2 to Rule 6 (2) giving all

the details required therein.

The nomination paper must reach the undersigned not/later than day

of______________from whom forms of nomination papers may be

obtained on application.

Nomination papers in respect of which provision of Part-I of the Rules

have not been complied with, or which are not received by the Returning

Officer by the aforesaid date will be invalid.

_____________

Returning Officer,

Address_________________

Date

––––– No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 33 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

FORM 3

RULE 6

Form of nomination paper

Election of member or members of the______________Pharmacy

Council of Union Territory of Jammu and Kashmir.

1. I the undersigned being a Registered Pharmacist, hereby nominate—

(a) Registered as a Pharmacist his registered number being ;

(b) ______________as a candidate for election as a member of the_______________State Pharmacy Council at the forthcoming election.

Signature_____________________

Address______________________

____________________________

Registration No.________________

Date________________________

We the undersigned second the proposal of Shri_____________

Signature_______________ Signature_________________

Address_______________ Address _________________

Registration No.__________ Registration No.____________

Date__________________ Date____________________

I the undersigned hereby consent to accept nomination as a candidate for election to the_______________________J&K Pharmacy Council.

Signature_____________________

Address______________________

____________________________

Registration No.________________

Date________________________

(a) State name and full address

(b) State Registration number. ––––––––– 34 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— FORM 4

RULE 6

Form of Voting Paper

ELECTION OF MEMBER OR MEMBERS OF THE______________

JAMMU AND KASHMIR PHARMACY COUNCIL

(a) Number of candidates to be elected.

(b) Names to be printed in a alphabetical order.

Instructions

(1) Each elector has_________________votes.

(2) He shall vote by placing the mark X opposite the names of the

candidates whom he prefers.

(3) The voting paper shall be invalid if the mark X is placed opposite

the names of more than________candidates or if the marks are

so placed as to render it doubtful to which candidates they are

intended to apply.

(4) The elector shall enclose the voting paper in the identification

cover and then enclose that cover in a bigger cover in the left

hand lower corner of which the elector shall write his full name

and signature. If the elector fails to write his full name and signature

the voting paper shall be invalid.

(5) A voting paper will be invalidated if the voter returns the voting

paper otherwise than in the "Identification Envelope" with the

declaration thereon duly completed.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 35 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

(6) Every Elector shall send his voting paper in a separate cover

direct to the Returning Officer.

(7) If the Returning Officer receives more than one voting paper

from any elector, all such voting papers shall be invalid.

(8) If more than one mark is placed before the name of any candidate,

the whole voting paper will be disqualified.

(9) This paper must be folded "Face Inwards" and placed in the

accompanying "Identification Envelope" which must be securely

closed and then placed in a covering envelope.

–––––––

36 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— FORM 5

RULE 6

Form of Declaration of Identification Envelope

__________________________________ JAMMU AND KASHMIR

PHARMACY COUNCIL.

1. (a) ________________________of____________________

________________hereby declare that I am the person to whom

the enclosed voting paper was addressed that I am registered

Pharmacist ;

(b) _____________________ and that I have not returned any

other voting paper in this election.

Signature

____________

Address

____________

____________

____________

Date

____________

Signed in presence of (c)____________________________

(1) Signature_____________________________________

(2) Signature_____________________________________

______________________________________________________

(a) Insert full name.

(b) Insert Register Number.

(c) There must be two witnesses.

–––––––

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 37 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

FORM 6

RULE 53

Form of Register of Pharmacist

1. Serial number____________________________________

2. Name in full_____________________________________

3. Residential Address_______________________________

4. Date of first admission to the register__________________

5. Qualifications for Registration________________________

6. Name of the Employer_____________________________

7. Professional Address______________________________

8. Date of Birth____________________________________

9. Nationality______________________________________

10. Date of Renewal of Registration______________________

11. Remarks (note removal or restoration of names with dates)

______________________________________________

–––––––

38 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— FORM 7

RULE 55 (1)

Pharmacy Council

of the Union Territory of Jammu and Kashmir

SEAL

No.___________ Date___________

––––––––––––––––––––––––––––––––––––––––––––––––––––––

This is to certify that Mrs./Mr./___________________________

S/o, D/o, W/o____________________________________________

R/o___________________________________has been duly registered

as a Pharmacist under Section (31/32) of the Pharmacy Act, 1948.

On the basis of having Diploma in Pharmacy/Bachelor in Pharmacy/

Master in Pharmacy/Pharm. D course.

REGISTERED PHARMACIST

______________________________________________________

and is entitled to all the privileges granted under authority of an Act to

regulate the practice of Pharmacy in the Union Territory of Jammu and

Kashmir of being Act No. VIII of 1948 as amended.

In witness whereof are herewith affixed the seal of the__________

Pharmacy Council and the signature of the Registrar of the said Pharmacy

Conncil.

Seal Registrar/President

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. This certificate is the property of___ Jammu and Kashmir

Pharmacy Council_______________and is issued to the above

named Pharmacist in accordance with rule 55(1) of the J a mmu

and Kashmir Pharmacy Rules.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 39 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

2. In case of removal of name from Register, this certificate shall

forthwith be surrendered.

3. Every Registered Pharmacist shall notify the Registrar/President

about any change in his address.

4. This certificate shall remain in force till ________________days

of grace up to______________.

–––––––––

40 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— FORM 8

FORM OF APPLICATION FOR REGISTRATION OF

PHARMACY

(Under Section 32 of the Pharmacy Act, 1948)

Draft of the Revised application Form Forming

Rule 56

To

The Registrar/President, Jammu and Kashmir Pharmacy Council.

Sir,

l. I request that my name may be registered as a Pharmacist under the Pharmacy Act, 1948 and that I may be furnished with a certificate of registration.

2. Necessary particulars are given on the reverse of this application.

3. I enclose herewith for your perusal and return the certificates in

original and their copies for record in your office.

4. I hereby declare that I have read carefully and understood the instructions and particulars supplied to me and that all entries on the reverse of this application are true to the best of my knowledge and belief.

5. I agree that I will follow the rules of the J&K Pharmacy Council which may be laid down for the guidance of the registered pharmacists from time to time.

Yours faithfully,

Dated___________ Address______________

INSTRUCTIONS

1. All particulars of the application must be filled in by the applicant

in neat legible hand.

2. The names and particulars entered in this application must correspond with the name and particulars of the applicant entered at the University or other examination.

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 41 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 3. Registration fee of Rs. 3000/- in case of Fresh Registration and

Rs. 3500/- in case of Migration of Registration/Non-Residents is

to be deposited in the Bank through online mode, Registration fee

is not refundable whether the application for registration is

accepted or rejected.

4. Under the Pharmacy Act, 1948 as it stands at present only persons

who have passed the Matriculation, 10+2 examination and

professional qualification or their equivalent examination are

eligible for registration.

5. Sections 31, 32 and 41 of the Pharmacy Act are attached with

this application for the information of the application.

6. A copy of rule 57(1) and (2) regarding renewal of registration is

attached for information.

(1) Name in full_________________________________

(2) Father 's Name_______________________________

(3) Place and Date of Birth (proof of age to be attached)________

(4) Nationality__________________

(5) Permanent Residential Address_____________________

(6) Address of the Hospital, Dispensary or other place in which

employed at present________________________________

(7) Year of passing the Matriculation Examination or an examination

prescribed as being equivalent to Matriculation Examination___

(8) Years of passing 10+2 Examination or an Examination prescribed

as being equivalent to 10+2 Examination_________________

(9) Description of qualification as a Pharmacist___________

(10) Name of the examining body______________________

(11) Name of the institution under which training undergone_______

(12) Year of passing the examination______________________

Date ____________ Signature___________

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Note :—

–––––––––

42 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— FORM 9

RULE 58(1)

Application for Registration of Additional Qualification

To

The Registrar/President,

Jammu and Kashmir Pharmacy Council.

Sir,

I beg to apply for the registration of the additional qualifications of

____________which I have obtained from___________in__________.

The Diploma or Certificates of the Qualifications are enclosed

herewith. These may be returned as soon as done with.

I am already registered under the Pharmacy Act, 1948 and my

Registration Number is__________.

The prescribed fee of Rs.____________ is sent herewith.

Yours faithfully

Dated:

(Signature of the applicant)

––––––––––

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 43 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

FORM 10

RULE 58 (2)

Registration of Additional Qualifications

(Under Section 35 of the Pharmacy Act, 1948)

The additional Diploma/Certificate appearing below have been inserted

in the Register of Pharmacists for the___________________________

Union Territory against names of Shri/Shrimati____________________

Registration No._________________

Diplomas or Certificates already Diplomas or Certificates now

Registered Registered

–––––––––––––––––––––– ––––––––––––––––––––––

–––––––––––––––––––––– ––––––––––––––––––––––

–––––––––––––––––––––– ––––––––––––––––––––––

Date__________________ ––––––––––––––––––––––

Registrar/President

______

44 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— FORM 11

RULE 58 (3)

Certified copy of entries in the Register

OFFICE OF THE PHARMACY COUNCIL

No.

CERTIFIED to be a true copy of the entry in the Pharmacy Register

of the name specified below :—

Name Address Date of Registration Qualification

Registrar/President

N. B. :—This certified copy remains evidence of registration only until the

publication of the printed Pharmacist Register for 19. It is not nor

must it be used as evidence of the identity of the holder with the

person named therein.

––––––––

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 45 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

ENQUIRIES

Notice to a Pharmacist to attend proceedings for removal of his

name from the Pharmacists Register under Section 36 of the

Pharmacy Act, 1948.

Sir,

On behalf of the Executive Committee of the Union Territory

Pharmacy Council I give you notice that information and evidence

have been laid before the Executive Committee by which the complaints

make the following charge against you namely (here set out the

circumstances briefly) an that in relation there to you have been guilty

of infamous conduct in a professional respect.

Or that you were on the day________of________convicted of the

following offence at viz. (set out particulars of the conviction).

And I am directed further to give you notice tha t on

the______day_____of_____19 a meeting of the Executive Committee

will be held at at_______o'clock in the______to consider the above-

mentioned charges against you, and decide whether or not they should

direct your name to be removed from the Register pursuant to section 36 of

the Pharmacy Act, 1948. You are invited and required to answer in writing

the above charges and to attend before the Executive Committee at the

above-mentioned place and time to establish any denial or defence that you

may have to make up to the above-mentioned charges and you are hereby

informed that if you do not attend as required the Executive Committee

may proceed to hear and decide the said charges in your absence.

Any answer or their communication or application which you may

desire to make respecting the said charges or your defense thereto must be

addressed to the Registrar/President of the Council and transmitted so as

to reach him not less than______days______before the day appointed

for the hearing of the case.

President.

––––––––

46 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— FORM 13

RULE 73

Application for re-entry in the Register of Pharmacists of

his name removed under Section 34(2)

To

The Pharmacy Council,

––––––––––––––––––

––––––––––––––––––

Sir,

I, the undersigned (a) holding the qualifications of (b) do solemnly and

sincerely declare the following :—

In the year (c) my name was duly registered in the Register in respect

of the following qualification, viz. (d) and on the date of erasure of

my name, I was registered in respect of the following additional

qualifications, viz. (e).

The Registrar removed my name from the Register on (f) for default

in payment of renewal fee.

Since the removal of my name from the Registrar/President, I have

been residing at (g) and my occupation has been (h).

It is my intention if my name is restored in the Register to (i).

Declared at on

Yours faithfully

Witness (j)

Signature

(Signature)

Address

Registration No.

(a) Insert full name

(b) Insert qualifications

(c) Insert date of Registration

(d) Insert qualifications No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 47 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

(e) Insert additional qualifications

(f) Insert date of removal

(g) State address

(h) Give Particulars

(i) Insert particulars as to proposed future profession

(j) A registered pharmacist

––––––––

48 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— FORM 14

RULE 74 (III)

Certificate in support of application

I hereby certify that the aforesaid applicant is the above specified

whose name formerly stood in the Register of Pharmacist under the

Pharmacy Act, 1948, with the following address and qualification :—

Name _________________

Address _________________

Qualification _________________

Date _________________

1. Signature of the

person certifying

Registration No. _______

2. Signature of the

person certifying

Registration No._______

––––––––

No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 49 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

FORM 15

Rule 74 (III)

Statutory declaration by applicant for Restoration of name to the

Registrar/President of Pharmacists under Section 36 of the Act

To

The Pharmacy Council,

_________________

_________________

(1) I, the undersigned (a) row holding the qualifications of (b) do

solemnly and sincerely declare that the following are the facts of my case

and in reason of which I seek re-entry of my name in the Union Territory

Pharmacy Register.

(2) In the year of (c) my name was duly registered in the Register in

respect of the following qualification, namely, (d) and on the date of the

removal of my name herein after mentioned I was registered in respect of

the same qualifications (e) and also in respect or the following additional

qualifications, namely.

(3) At an enquiry held on the (f) day of the Council directed my

name to be removed from the Register on a complaint made to the Union

Territory Pharmacy Council by (g) of and the offence for which the Council

directed the removal of my name was (h).

(4) Since the removal of my name from the Register I have been

residing at (i) and my occupation has been...................................

(5) It is my intention if my name is re-entered in the Register (j).

(6) The grounds of application are (k).

––––––––

Signed

Declared at__________on______before me_________________

Presidency Magistrate or Commissioner of Oaths or Justice of Peace.

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50 The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. [No. 33-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(a) Insert full name

(b) Insert qualifications, if any

(c) Insert date

(d) Insert Original qualifications

(e) To be added to, if necessary

(f) Insert date of enquiry

(g) Insert name and address of the complainant

(h) Insert charge on which name was removed

(i) The blanks in this paragraphs must be filled in accordance to

circumstances

(j) Insert particulars as to propose future professional occupation.

(k) All facts and grounds on which the application is made should be

clearly and concisely stated.

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No. 33-e] The J&K Official Gazette, 13th Nov., 2020/22nd Kart., 1942. 51 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

FORM 16

RULE 74 (III)

Certificate in support of application

I______________________________of______________certify

as follows :—

(i) My Registration No. is_______________________.

(ii) I have read paragraphs (4) and (5) of the application of______

and say that I have been and am well acquainted with the said____

both before and since his name was removed from the Register

that I believe him to be now a person of good character and that

the statements in the said paragraphs are to the best of my

knowledge, information and belief true.

Address:

Signature

Registration No.

.

.