THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
Vol. 134]
Jammu, Thu., the 19th August, 2021/28th Srav., 1943. [ No. 21
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART
I-A— Appointments, promotions, transfers and leave
of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART
II-A– Appointments, promotions, transfers and leave
of
absence
sanctioned
by
Heads
of
Departments ....
PART
II- B– Notifications, Notices and Orders by Heads of
Departments, Provincial Heads, Magistrates and
other officers competent to issue public notices
under any law or rule ....
PART
II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department, Election Petitions and Judgements
of Election Tribunal
....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette or
Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts
....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
314-318
349-364
41-42
229-232
97-100
33-36
314
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[ No. 21
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PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU/
SRINAGAR
(Exercising powers of Bar Council under Section 58 of the Advocates
Act, 1961).
Notification
No. 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
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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
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[ No. 21
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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
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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
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[ No. 21
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Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of her Provisional/LL.B Degree Certificate
from the concerned University and verification of her character
and antecedents from CID. Her name has been entered under Serial
No. JK-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
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––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
354
The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
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
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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
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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
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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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
–––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
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
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Subject :—Relinquishing of charge.
———
Consequent upon my transfer and 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.
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, Village Chanderkote, Tehsil Ramban
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.
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.
———–
––––––
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
1. Post for which applied...................................
2. Place of Posting.............................................
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..........................
SPACE FOR
PHOTOGRAPH DULY
ATTESTED
100 The J&K Official Gazette, 19th Aug., 2021/28th Srav., 1943. [No. 21
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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 :
Name of the
Year of
Name of
Optional
Percentage of
Division
Examination
Passing University/
subject
marks obtained obtained
Board
effected
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.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Fri., the 29th Jan., 2021/9th Magha, 1942. [No. 44-a
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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separate compilation
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws Regulations and Rules passed thereunder.
———
EXTRAORDINARY REGD. NO. JK–33
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
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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
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(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
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(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
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(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.
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(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 ;
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(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 :
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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 ;
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(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.
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(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 Certificate of Vending has been obtained 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 ;
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(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 years (under Child Labour Prohibition 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
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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.
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(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.
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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 ;
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(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.
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(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 ;
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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.
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(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.
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(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
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(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.
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(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 ;
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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 ;
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(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
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(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.
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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-
SI.
Name &
Name of
Status of
Public/Private Nature of
Date of survey
No. Addres of
place i.e.
Street
area.
Street
the Street
Lane/Street/
Vendors
Vending
Vendors
Market
New/
existing
1
2
3
4
5
6
7
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
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FORM-II
[See Para 3 (7) of the scheme]
SURVEY QUESTIONNAIRE
Sr. No.
Questions
1
Photograph of Vendor with Location
2
Photograph of Vendor with the vending place
3
Identity Proof-1(Single Photograph)
4
Identity Proof-2 (Single Photograph)
5
Video of the vendor, vending place and its surrounding
6
Ward number
7
Street Name
8
Nearby Landmark
9
Type of area
• Residential
• Commercial area/Natural Market
• School Collage Area
• Religious site
• Garden Open space
• Railway Station
• Industrial area
• Public place or Government Office
• Heritage site
• Highway
• Bus Stand
• Hospitals
• Other
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10
Place of business
• Main road/Lane/Chowk
• Footpath
• Service Area/Road
• Open Plot Within Premises
• On Closed Drainage Line
• Private Property/Plot
• Other
11
Nature of Business
• Fast food items and drinks
• Fruits and Vegetables
• Readymade Garments (old and new)
• Foot wear and leather goods.
• Ceramic products
• Plastic products
• Cutlery and Utensils
• Jewellery
• Accessories (bags, watches, wallets, belts, hair accessories,
mobile-accessories, etc)
• Cosmetic products
• Books and newspaper
• CDs/DVDs
• Lottery tickets
• Flowers Vendor
• Stationery prouducts
• Paan Cigarette/Beedi/Tobacco products
28 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a
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• Sea food vendor
• Dairy and poultry products
• Bakery products
• Pooja products
• General household products
• Miscellaneous
• Service providers
• Others
12
If Service Provider than Nature of Business
• Cobbler
• Barber
• Tailor
• Repairs automobiles
• Mechanical work
• Technical work
• Dhobi
• Painter
• Chaabiwala
• Kabaadiwala.
• Others
13
Name of Thela/Vending Place
14
Vendor's Name: First Name
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15
Vendor's Name: Middle Name
16
Vendor's Name: Surname
17
Residential Address
18
Block
19
City/Town
20
District
21
Mobile No.
22
Age
23
Gender
• Male
• Female
• Trans Gender
24
Nationality
• Indian
• Other
25
Religion
• Hindu
• Muslim
• Sikh
• Christian
• Jain
• Buddhist
26
Caste
• General
• Scheduled Caste (SC)
.
• Scheduled Tribe (ST)
30 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a
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• Other Backward Class(OBC)
• Other
28
If you come under SC/ST/OBC Category, Do you have Certificate
for the same?
• Yes
• No
29
Marital Status-
• Married
• Unmarried
• Widow/Widower
• Divorced
• Separated
30
Level of Education Attained -
• Illiterate
• Primary (1-5)
• Middle School ( 6-8)
• Secondary(9-10)
• Senior Secondary ( 11-12)
• Diploma
• Graduate
• Postgraduate
31
Details of Disability-
• Visually lmpaired
• Deaf
-
• Dumb
• Disabled by hand/leg
• Mentally Challenged
• Other
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32
In case of disability, do you have a certificate ?
• Yes
• No
33
If yes, list the Certificate No.
34
Do you fall under BPL?
• Yes
• No
35,
If yes, BPL Card No.
36
Migration
• Belong to this city
• Have migrated
37
If migrated, Please specify the name of your Native Place's
District.
38
Since how many years have you been living in this city?
39
Do you possess any residential proof ?
• None
• Voter Card
• Ration Card
• Aadhaar Card
• APL/BPL Card
• Electricity Bill
• Municipal Tax Bill
• Other
40
Total number of Family Members-Male Members
41
Total number of Family Members-Female Members
42
Out of total, number of children (below 14-Both Male and
Female)
32 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a
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43
Total number of earning members-Male
44
Total number of earning members-Female
45
Total number of children earning (below14-Both Male and
Female)
46
Is there any other person who worked as a street vendor except
you in your house?
• Yes
• No
47
Relation with you-
• Husband
• Wife
• Brother
• Sister
• Mother
• Father
• Others
48
Ful name of Member (working/worked as street vendor) -
49
Do you have any other source of income?
• Yes
• No
50
What work did you do before street vending?
51
In which city did you work before?
52
For how many years have you been engaged in street vending?
53
For how many years have you been working in this area?
No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942.
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54
Do you possess any license issued by City Civic Body for street
vending ?
• None
• Mobile License
• Stationary License
• Cabin License
• Other
55
How often do you go for street vending?
• Daily
• One to two days per week
• More than two days per week
• Fort-nightly
• Monthly
• Seasonal
• Not fixed
56
Type of Business-
• Mobile
• Stationary
• Both
57
How much distance do you have to cover to come to this place
for Vending ?
58
How many hours do you work in a day ?
59
Exact time on ending___ to___hrs.
60
How much KM distance do you travel for work in a day, when
you are doing Mobile Vending?
61
What type of structure is being used for Vending?
• Kacha
• Pakka
• Semi-Pakka
34 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a
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62
How much land space are you using for your vending ? (ln sq.ft.)
63
Are you using any vehicle for vending?
• Yes
• No
64
If yes, then which of the following vechicles do you use?
• Tempo.
• Auto.
• Van.
• Handcart.
• Bicycle.
..
• Bullockcart
• Other
65
Ownership of vehicle .
• Self
• Family
• On rent
• Partnership
• Other
66
How much rent do you pay for these vehicles ? (if any)
67
How many months do you work in a year?
68
Do you do the same work mostly?
• Yes
• No
69
Are you satisfied with this location as a place for your business?
• Yes
• No
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70
If yes, then why?
• The place is nearby to your house
• Good relations with the people in this area
• No local interference
• Crowded place
• Good locality
• Well known market
• Convenient for customers
• Near office or educational institution
• Other
71
If no, then why?
• Less income
• Unsuitable for health and business
• Local people object against the business
• Interference by employees of Municipal Corporation
• Problems created by Police Department
• Transportation problem
• Other
72
Number of people you have employed-
• None.
• 1.
• 2.
• Others.
73
How do you pay your employees?
• DailyWages
• Weekly
• Monthly
74
Average Amount paid to employees-
36 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a
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75
Do you pay any rent for your vending place?
• Yes
• No
76
To whom do you pay the rent?
• Civic Body
• Nearby shopkeeper
• Owner of the place
• Other
77
Type of payment
• Daily
• Weekly
• Monthly
• Other
• Amount
78
Amount of Payment
79
From where do you purchase goods for carrying out your
business ?
• Manufacturer
• Whole sale market
• Distributor
• Other
80
From where do you get the initial seed money to purchase
goods?
• Own money
• From landlord
• From Banks
• Credit Societies
• Other sources
No. 44-a] The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942.
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81
How often do you buy raw materials for your business?
• Not applicable
• Daily
• Weekly
• Monthly
• Other
82
How much do you spend on the purchase of goods on a daily
basis?
83
How much do you earn from your total daily sales?
84
How much profit do you make on a daily basis?
85
Have you taken any loan?
• Yes
• No
86
If yes, please specify amount-
87
Do you have any Savings Account in any Bank?
• Yes
• No
88
If yes, please specify the name of Bank-
89
Do you have any Insurance?
• Yes
• No
90
If yes, kindly specify-
91
Have you taken any advantage of any other Social Security
Schemes ?
• Yes
• No
92
If yes, Kindly specify the scheme-
38 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a
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93
Are you satisfied with the work you have selected?
• Yes
• No
94
lf the authority provides a vending place elsewhere in the same
area or any other area, are you ready to shift your cart/ setup to
the allocated area for vending goods ?
• Yes
• No
96
Would you need a covered market space with the raised plat form
and storages space?
• Yes
• No
97
Are you a member of any street vendor union or association
• Yes
• No
98
Name of the organization
99
Are you aware of “The Street Vendors (Protection of Livelihood
and kept regulation of Street Vending) Act, 2014”?
• Yes
• No
100 Are you interested in obtaining a license under the Street Vendor
Act ?
• Yes
• No
101 How much Annual fee are you willing to pay for the license?
• Rs. l00
• RS. 250
• Rs. 500
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39
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• Rs.l000
102 What is your favorite time for business?
• Morning
• Noon time
• Evening
103 What kind of market do you vend in?
• Natural Market (Daily Market)
• Evening/Night Market
• Holiday Market
• Weekly Market
• Festival Market
• Other
104 Do you have access to free drinking water near your place of
work?
• Yes
• No
105 Do you have access to toilet facility near your place of work?
• Yes
• No
106 How do you dispose of the garabage generated by your
vending?
• Municipal bins
• Private bins
• On road/street
• Dump it in a water body
• Through door to door collection
• Other
40 The J&K Official Gazette, 29th Jan., 2021/9th Magha, 1942. [No. 44-a
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107 Do you have (access to ) storage facility at your place of work?
• Yes
• No
• Not Applicable
108 What type of light source do you use?
• None
• Streetlight
• Gas/Oil Lamp
• Battery Operated
• Solar Light
• Generator
• Paid Electricity Connection
• Other
109 Are you aware of any Traffic problems caused because of Street
Vending?
• Yes
• No
110 If yes ,what are the solutions to avoid problems ?
111 Which type of facility do you desire for your business ?
• Different market
• Water
• Electricity
• Common toilet
• Common lighting facility
• Waste disposal facility
• Security
• A cleaning person
• Parking
• Labour for parking and transport management
112 Any special Remarks or Comment of Vendor.
113 Surveyor’s Note
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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
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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
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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
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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 :
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.
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.
———–
The J&K Official Gazette, 27th April, 2021/7th Vai., 1943. [No. 4-j
2
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(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]
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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
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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.
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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
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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.
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(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.
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(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
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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.
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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.
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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.
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(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.
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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
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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
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(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.
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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.
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(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.
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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
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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.
–––––
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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,
–––––––––––––––––––––––––––
––––––
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Annexure
List of business to be transacted for consideration in the meeting of
Council/Committee________fixed on__________at__________(time).
S. No.
Subject
1.
2.
3·
4·
5·
6.
(Signature)
Name .............................
Designation......................
––––––
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FORM-B
[See Clasue 4(2)]
Attendance Register
Date of meeting......................
Sl.
Ward No.
Name of the
Signature or thumb
No.
Member/Councillor
impression
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
2.
3.
4.
5.
6.
(Signature)
(Signature)
Chief Executive Officer/Executive Officer
Presiding Officer
––––––
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FORM-C
[See Clasue 34(1)]
Minute Book of Municipal Council/Committee...................
PART-I.
Date and
Name of
Name of others
Proceedings
time of the
Member/Councillor
who have attended
in brief
meeting
present
the meeting
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
.
(Signature)...............
(Presiding Authority).
––––––
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PART-II
Date
Subject
Working
Names of
Amendment Numbers
Final
and
of
of
proposer
if any
of votes
resolution
time
motion
motion
and
given
after the vote
of
seconder
amendments
meet-
ing
Working Names
For
Again-
Work-
Ser-
of (i)
st
ing
ial
Propos-
No.
er (ii)
Second-
er
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
8
9
10
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(Signature)...............
(Presiding Authority)
––––––
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PART-III
[See Clasue (13)13]
Register of questions
Date of meeting......................
Question
Name of the
Whether
Reply
if reply
Member/Councillor
allowed or
given
given, by
by whom tabled
disallowed
if any
whom
the question
given
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Signature
Signature............
Chief Executive Officer/Executive Officer
(Presiding Authority)
––––––
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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.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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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.
EXTRAORDINARY
REGD. NO. JK–33
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(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
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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
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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
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(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.
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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.
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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.
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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.
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(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.
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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.
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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.
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(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.
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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.
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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.
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(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.
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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.
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(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.
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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
Fees
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
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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 error 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.
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(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
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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
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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.
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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 :
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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.
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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.
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(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.
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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.
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(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.
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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.
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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.
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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.
––––––
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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
–––––
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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.
–––––––––
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FORM 4
RULE 6
Form of Voting Paper
ELECTION OF MEMBER OR MEMBERS OF THE______________
JAMMU AND KASHMIR PHARMACY COUNCIL
Official mark of the Returning Officer Election of (a)_______Member
Column for Voter’s
Name of Candidate (s)
Address
Registration
Mark (X)
Number
––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––––––––
(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.
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(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.
–––––––
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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.
–––––––
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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)
______________________________________________
–––––––
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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 Jammu
and Kashmir Pharmacy Rules.
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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______________.
–––––––––
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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.
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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 :—
–––––––––
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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)
––––––––––
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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
______
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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.
––––––––
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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 that 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.
––––––––
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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
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(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
––––––––
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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._______
––––––––
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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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(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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51
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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.
.
.