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Jammu and Kashmir Gazette · Government of Jammu and Kashmir

Jammu and Kashmir Gazette, No. 44, 27 January 2022

Published 27 January 2022

Gazette no.
44
Identifier
in.gazette.jammuandkashmir.2022-01-27.44
Languages
English, Urdu
Published at
Original source ↗

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REGD NO. JK––33

THE

JAMMU AND K ASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– English CONTENTS Pages Vernacu- lar pages
PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... 684-688 PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... 613-620 PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... 87-88 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 .... 357-362 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 .... 225-238 109-112

Printed at the Ranbir Government Press, Jammu.

684 The J&K Official Gazette, the 27th Jan., 2022/7th Magha, 1943. [ No. 44 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU/SRINAGAR

(Exercising powers of Bar Council under Section 58 of the Advocates Act, 1961).

Notification

No. 1203/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in favour of Mr. Deepak Charak S/o Karan Singh Charak R/o Meen Charakan, P. O. Smailpur, Tehsil Bari-Brahmna, District Samba vide Notification No. 981 dated 14-02-2017 for a period of one year has been extended till 31-12-2022 after condonation of delay and subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1204 RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in favour of Ms. Swiha Kangotra D/o Vijay Kangotra R/o H. No. 195, Ward No. 12, Tehsil Road Akhnoor Jammu vide Notification No. 516 dated 10-07-2018 for a period of one year has been extended till 31-12-2022 after condonation of delay and subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.

No. 44] The J&K Official Gazette, the 27th Jan., 2022/7th Magha, 1943. 685 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

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.

By order.

––––––––

Notification

No. 1205/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in favour of Mr. Ankur Sharma S/o Chander Kumar R/o W. No. 16, Shiva Nagar, Behind Sheep Husbandry, District Kathua vide Notification No. 712 dated 30-12-2015 for a period of one year has been extended till 31-12-2022 after condonation of delay and subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1206/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in favour of Mr. Sanjeet Kumar S/o Chuni Lal R/o Bellana Jodhpur, Tehsil and District Doda vide Notification No. 947 dated 12-11-2019 for a period of one year has been extended till 31-12-2022 after condonation of delay and subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

By order.

––––––––

686 The J&K Official Gazette, the 27th Jan., 2022/7th Magha, 1943. [ No. 44 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Notification

No. 1207/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in favour of Mr. Nitish Sasan S/o Satish Kumar R/o W. No. 11, H. No. 89, Tehsil Haveli, Panditian, District Poonch vide Notification No. 696 dated 30-12-2015 for a period of one year has been extended till 31-12-2022 after condonation of delay and subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1208/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in favour of Mr. Zahir Abas S/o Abdul Aziz Khan R/o Village Potha, Manhas Surankote, District Poonch vide Notification No. 823 dated 15- 02-2016 for a period of one year has been extended till 31-12-2022 after condonation of delay and subject to the verification of his Certificates/ LL.B Degree from the concerned University and verification of his character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1209 RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in favour of Ms. Afshana Jan D/o Gh. Hassan Sheikh R/o Syed Hamidpora No. 44] The J&K Official Gazette, the 27th Jan., 2022/7th Magha, 1943. 687 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Nawab Bazar, Srinagar vide Notification No. 112 dated 17-06-2019 for a period of one year has been extended till 31-12-2022 after condonation of delay and subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1210/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in favour of Mr. Rakesh Singh Thakur S/o Sh. Prem Chand Thakur R/o VPO Daggar, Tehsil Bani, District Kathua vide Notification No. 642 dated 27-02-2017 for a period of one year has been extended till 31-12-2022 after condonation of delay and subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

By order.

––––––––

Notification

No. 1211 RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in favour of Ms. Jasmeet Kaur D/o Balvinder Singh R/o Chak Keeman, Arnia, Jammu vide Notification No. 1716 dated 30-03-2019 for a period of one year has been extended till 31-12-2022 after condonation of delay and subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.

688 The J&K Official Gazette, the 27th Jan., 2022/7th Magha, 1943. [ No. 44 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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.

By order.

————

Notification

No. 1212/RG/LP Dated 16-10-2021.

Provisional admission granted under the Advocates Act, 1961 in favour of Mr. Sandeep Bhagat S/o Lal Chand Bhagat R/o Hazuri Bagh Bohri, Jammu vide Notification No. 165 dated 18-06-2019 for a period of one year has been extended till 31-12-2022 after condonation of delay and subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

By order.

(Sd.) MOHAMMAD YASIN BEIGH,

Registrar (Adm.).

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., the 27th January, 2022/7th Magha, 1943. [ No. 44 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

Notification No. 02-Rev (LAJ) of 2021

Dated 19-01-2021.

Whereas, the land measuring 04 Marlas under Khasra No. 105 min is required for the public purposes for Rejuvenation of Holy Dev Sathan Devika and pollution Abetment of Tawi River in Udhampur Town situated at Village Dalah, Tehsil and District Udhampur by UEED ; and

Whereas, on the basis of an indent placed by the Chief Engineer, J&K UEED, Camp Jammu vide No. SDJ/W/14015-12 dated 06-03-2018, a notification under section 4(1) was issued by Collector, Land Acquisition (Assistant Commissioner, Revenue), Udhampur vide No. ACRU/SO/3175-84 dated 15-10-2018 for land measuring 04 Marlas under Khasra No. 105 min situated at Village Dalah, Tehsil and District Udhampur and also submitted the case to the District Collector (DC), Udhampur vide letter dated 29-05-2019 ; and 614 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, Deputy Commissioner (District Collector), Udhampur vide letter No. DCU/SQ/1043-44 dated 28-06-2019 read with letter No. ACRU/ SQ/1057-59 dated 28-08-2020 submitted the case to the Divisional Commissioner, Jammu who further endorsed the case to the Financial Commissioner (Revenue), J&K vide his No. 502/3618/CQ/Dalah/Udr/20/ 5437 dated 12-09-2020. The case was further forwarded to this department

vide No. FC-LS/LA-4957/20 dated 03-11-2020 ; and

Whereas, the case has been examined in the department and land

owner/interested person has filed objection as required under section 5-A

of the Land Acquisition Act. The objection is that the said land has been

purchased for construction of residential house and there is available land

adjacent to river which can be acquired and has requested to drop the said

land from acquisition ; and

Whereas, in the subsequent report of District Collector (DC),

Udhampur it has been reported that the objection of the land owner does

not hold any merit as compared to the acquisition purpose as the sewerage

main pit has to be build on a specific location and the location connot be

shifted to any other place, more so, when the project is of great

importance ; and

Whereas, the objection has been examined in light of the report of the

Deputy Commissioner (District Collector), Udhampur and keeping in view

the technical aspect that the pit is to be built at a specific location and the

location connot be shifted, hence, the objection does not merit any

consideration and is disposed of accordingly ; and

Whereas, the Government is satisfied that the land measuring 04

Marlas under Khasra No. 105 min is required for public purposes viz.

Rejuvenation of Holy Dev Sathan Devika and Pollution Abetment of Tawi

River in Udhampur Town situated at Village Dalah, Tehsil and District

Udhampur by UEED.

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 at Village Dalah,Tehsil and District Udhampur is required

for public purposes viz. Rejuvenation of Holy Dev Sathan Devika and

Pollution Abetment of Tawi River in Udhampur Town situated at Village

Dalah, Tehsil and District Udhampur by UEED. Further the Collector, Land No. 44] The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. 615 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Acquisition (ACR), Udhampur 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 held specifically responsible

for identification and proper title verification of all types of lands involved in

the case for making apportionment of compensation amongst all the interested

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

force, while making the award.

(Sd.) SHALEEN KABRA, IAS,

Principal Secretary to the Government.

———

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 283–Rev(LAJ) of 2020

Dated 09-09-2020.

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

to this notification is required for construction of road from Chilly Paine to

Kutty Kulthua via Chilly Bala under PWD (R&B) situated at Village Chilly

Bala, Tehsil Gandoh and District Doda ;

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

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

by Collector, Land Acquisition (SDM), Gandoh vide No. 297-303/LAC

dated 16-07-2018, for land measuring 04 Kanals 16½ Marlas situated in

Village Chilly Bala, Tehsil Gandoh and District Doda for construction of

road from Chilly Paine to Kutty Kulthua via Chilly Bala under PWD (R&B).

Whereas, the Collector, Land Acquisition (SDM), Gandoh vide letter No. 671-72 dated 02-11-2019, 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),

Gandoh vide letter referred to above duly endorsed by District Collector, 616 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Land Acquisition (DC), Doda vide No. 620/LAC/D/19 dated 20-11-2019 duly endorsed by Divisional Commissioner, Jammu vide No. 502/3996/Acq/ Chilly/Doda/20/5265 dated 04-08-2020 and Financial Commissioner, Revenue, J&K, Jammu vide No. FC/LS/LA-4962/2019 dated 25-08-2020 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. for construction of road from Chilly Paine to Kutty Kulthua via Chilly Bala under PWD (R&B).

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 Kanals 16½ Marlas situated in Village Chilly Bala, Tehsil Gandoh and District Doda for construction of road from Chilly Paine to Kutty Kulthua via Chilly Bala under PWD (R&B). Further, the Collector, Land Acquisition (SDM), Gandoh 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 persons(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 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.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to the Government.

————

Specification of land

Annexure 'A'

District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. Doda Gandoh Chilly Bala-I 554 min 00–16 528 min 00–15 528 min 00–03 529 min 00–04 529 min 00–01 529 min 00–19 No. 44] The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. 617 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. 529 min 00–05 529 min 00–04 528 min 01–04

––––––––

G. Total 04–16½

––––––––

————

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

Notification No. 37-Rev (LAJ) of 2020

Dated 27-05-2020.

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

for public purposes viz. for shifting of Tower (S) of 132 KV, CSTL & RKKTI

due to four lanning of NH-44, situated at Village Devgole, Tehsil Banihal,

District Ramban ;

Particulars of land

District Tehsil Village Kh. Nos. Area

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

1 2 3 4 5

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

K. M.

Ramban Banihal Devgole 411 00-07

Ramban Banihal Devgole 413 01-00

––––––

Total 01-07

–––––

Whereas, on the basis of an indent placed by Project Director, National

Highway, a notification under section 4 (1) was issued by Collector, Land

Acquisition (ADC), Ramban vide letter No. 487-96/Acq/NHAI dated

23-05-2019, for land measuring 01 Kanal, 07 Marlas, situated in Village

Devgole, Tehsil Banihal and District Ramban ;

Whereas, the Collector, Land Acquisition (ADC), Ramban, vide

No. CLA/NH-44/2019/1034-37 dated 13-09-2019, has reported that the 618 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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),

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

(DC), Ramban vide letter No. DC/LA/Rbn/329-30 dated 26-09-2019

Divisional Commissioner, Jammu vide No. 502/3730/PWD/Devgole/Rbn/

19/2503 dated 15-10-2019 and 502/3730//PWD/Devgole/Rbn/19/2881 dated

16-11-2018 and Financial Commissioner, Revenue, J&K Jammu vide

No. FC-LS/LA-5078/19 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. for shifting of Tower (S)

of 132 KV, CSTL & RKKTI due to four lanning of NH-44, situated at

Village Devgole, Tehsil Banihal, District Ramban.

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring 01 Kanal, 07 Marlas, situated in Village Devgole, Tehsil Banihal and District Ramban is required for public purposes viz. for shifting of Tower (S) of 132 KV, CSTL & RKKTI due to four lanning of NH-44. Further, the Collector, Land Acquisition (ADC), Ramban 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.

Further, in pursuance of section 17 of the Land Acquisition Act, Samvat 1990, it is also ordered that on expiry of fifteen days from the publication of the notification under section 9(2) of the said Act, the Collector will take possession of the aforementioned land in Village Devgole, Tehsil Banihal, and District Ramban, required for public purposes, subject to fulfilment of the conditions prescribed under section 9 (2) and section 17-A of the Land Acquisition Act and Rule 63 of the Land Acquisition Rules.

However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of lands involved in the No. 44] The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. 619 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to Government, Revenue Department.

———— GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIT–REVENUE DEPARTMENT.

Notification No. 36–Rev(LAJ) of 2020

Dated 27-05-2020.

Whereas, the land specification whereof are given below is required for public purposes viz. for widening of National Highway, situated at Village Kunfer, Tehsil and District Ramban ;

Particulars of land

District Tehsil Village Kh. No. Area

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

K. M.

Ramban Ramban Kunfer 1012 03–06

Whereas, on the basis of an indent placed by Project Director, National Highway, a notification under section 4(1) was issued by Collector, Land Acquisition (ADC), Ramban, vide No. CLA/NH-44/2019/1211-20 dated 27-09-2019, for land measuring 03 Kanals and 06 Marlas in Village Kunfer, Tehsil and District Ramban for widening of National Highway ;

Whereas, the Collector, Land Acquisition (ADC), Ramban vide

No. CLA/NH-44/2020/1866 dated 22-01-2020, 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 secions 5 & 5-A of the Land Acquisition Act ;

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

Ramban, vide letter referred to above duly endorsed by District Collector 620 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (DC), Ramban vide letter No. DC/LA/Rbn/605-06 dated 19-02-2020, Divisional Commissioner, Jammu vide No. 502/4154/NH/Kunfer/Rbn/20/ 4458 dated 24-02-2020 and Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-5178/2020 dated 19-03-2020 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. for widening of National Highway, situated at Village Kunfer, Tehsil and District Ramban.

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that the land measuring 03 Kanals and 06 Marlas in Village Kunfer, Tehsil and District Ramban for widening of National Highway. Further, the Collector, Land Acquisition (ADC), Ramban 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.

Further, in pursuance of section 17 of the Land Acquisition Act, Samvat 1990, it is also ordered that on expiry of fifteen days from the publication of the notification under section 9 (2) of the said Act, the Collector will take possession of the aforementioned land in Village Kanfer, Tehsil and District Ramban, required for public purposes, subject to fulfillment of the conditions prescribed under section 9 (2) and section 17-A of the Land Acquisition Act and Rule 63 of the Land Acquisition Rules.

However, the Collector concerned shall be personally responsible for indentification 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.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to Government,

Revenue Dapartment.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., the 27th Jan., 2022/7th Magha, 1943. [ No. 44 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

Subject :—Assumption of charge.

———

Consequent upon my transfer and posting as Deputy Commissioner, Udhampur 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.) INDU KANWAL CHIB, KAS,

Deputy Commissioner, Udhampur.

————

88 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Subject :—Relinquishing of charge.

———

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

(Sd.) DR. PIYUSH SINGLA, IAS,

Deputy Commissioner, Udhampur.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol. 143] Jammu, Thu., the 27th Jan., 20222/7th Magha, 1943. [ No. 44

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.

———–

OFFICE OF THE COMMERCIAL/STATE TAXES OFFICER,

CIRCLE–G, JAMMU.

Notification

Under Rule 6(i) of the CST Act 1956 and J&K GST Rules 1958.

It has been reported by M/s Tariq Wani Engineer and Fabricators,

Industrial Complex Bari Brahmna Jammu having TIN No. 01261071308

that C-Forms bearing S. No. 06V-69912 to 06V-69921 have been lost

and matter stands published in below mentioned newspaper for declaring

them invalid.—

1. The News Now dated 12-12-2021.

2. Early Times dated 15-12-2021.

The dealer has also furnished an indemnity bond in this respect

which is placed on record. Hence, the below noted C–Forms are hereby

declared as invalid for the purpose under sub-section (5)(4) section 8

of the CST Act, 1956. Anybody, fraudulently using the said C-Forms

will render himself liable for penal action as per Law.

358 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44

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

to the undersigned''.

No. of C–Forms : 10 (Ten)

S. No. of C–Forms : S. No. 06V-69912 to

06V-69921

Name & address of the dealer : M/s Tariq Wani Engineer and Fabricators, Industrial Complex Bari Brahmana Jammu.

Registration No. of the dealer : TIN : 01261071308

Lost/Stolen/Destroyed : Lost

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

Assessing Authority Commercial/State Taxes, Circle 'G' Jammu.

———

IN THE COURT OF ADDITIONAL SPECIAL MOBILE

MAGISTRAT, UDHAMPUR.

Case No. 41/Ikhtitami

—————————————————————————————

U.T through Police Station Udhampur

Through : Ld. A.P.P. Mr. Ankush Gupta

Versus

Nemo

In the matter of—Complaint under section 102 Cr. P.C. regarding seizure of Motorcycle bearing Registration No. PB06P-2773

————————————————————————————— Coram : Kamiya Singh Andotra

Judicial Magistrate First Class [JK00233]

—————————————————————————————

Notice to General Public

Whereas, it is stated in the complaint that S. I. Vijay Sharma along

with other police personnel of Police Post Roun Domail during patrolling No. 44] The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. 359

duty found a vehicle, that is, motorcycle lying on road side near Nakiyan Nalliyan Dhar road on 08-12-2020 The particulars of vehicle, motorcycle, found is as follows—

Registration No. PB06P–2773 (Splendor)

Regarding ownership of the vehicle nobody could disclose anything. As such the vehicle was seized under section 102 Cr. P.C. and kept at Police Post Roun-Domail. Through the medium of this publication notice to public at large is issued and any interested person(s) is/are informed that in case anybody has any claim thereto to appear before the Court and establish his claim within six months from the date of this proclamation by producing relevant documents failing which vehicle shall be disposed of in accordance with law. Next date of hearing is fixed on 20-01-2022.

Given under my hand and seal of this Court today on 20-12-2021.

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

I/c Additional Special Mobile Magistrate, Udhampur.

———

IN THE COURT OF ADDITIONAL SPECIAL MOBILE

MAGISTRAT, UDHAMPUR.

Case No. 39/Ikhtitami

—————————————————————————————

U.T through Police Station Udhampur

Through : Ld. A.P.P. Mr. Ankush Gupta

Versus

Nemo

In the matter of—Complaint under section 102 Cr. P.C. regarding seizure of Vehicle Alto Car bearing Chasis No. MA3EUA61S00382367AE, Engine No. 5185113. ————————————————————————————— Coram : Kamiya Singh Andotra Judicial Magistrate First Class [JK00233] ————————————————————————————— Notice to General Public

Whereas, it is stated in the complaint that S. I. Vijay Sharma along

with other police personnel of Police Post Roun Domail during patrolling 360 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44

duty found a vehicle, that is car Alto lying on road side near Doodhar Nallah, Darsoo on 14-11-2020. The particulars of vehicle, Alto Car found is as follows —

Vehicle Type : Alto Car

Chasis No. : MA3EUA61S00382367AE

Engine No. : 5185113

Regarding ownership of the vehicle nobody could disclose anything. As such the vehicle was seized under section 102 Cr. P.C. and kept at Police Post Roun Domail. Through the medium of this publication notice to public at large is issued and any interested person(s) is/are informed that in case anybody has any claim thereto to appear before the Court and establish his claim within six months from the date of this proclamation by producing relevant documents failing which the vehicle shall be disposed of in accordance with law. Next date of hearing is fixed on 23-01-2022.

Given under my hand and seal of this Court today on 23-12-2021.

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

I/c Additional Special Mobile Magistrate, Udhampur.

————

Notice

I, Ram Kumar S/o Lichhaman Ram R/o Village Nagrasari, P/o Lalania, Tehsil Nohar, District Hanumangarh (RJ)–335523 serving in Army 14 EME Bn C/o 56 APO inform that my son is studying in 7th class in K.V. No. 1, Udhampur and in his school records his name has been wrongly written as Avnish instead of his correct name Avnish Kumar. Now, I am, applying for correction of the same. Objection, if any, may be conveyed to concerning authority.

It is certified that I have complied with all other legal requirements

in this connection.

Ram Kumar S/o Lichhaman Ram R/o Village Nagrasari, P/o Lalania, Tehsil Nohar, District Hanumangarh (RJ)–335523.

No. 44] The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. 361

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

My parents' names have been wrongly written as Anjana Kumari Sharma instead of Anjana Sharma (Mother) and Bhushan Bharat Sharma instead of Bharat Bhushan Sharma in my 10th class documents. Now, I am applying for correction of the same. Objection, if any, may be conveyed to Principal, Presentation Convent Sr. Sec. School, Gandhi Nagar, Jammu or the concerned authority within seven days from the date of publication of this notice.

It is certified that I have complied with all other legal requirements

in this connection.

Mimansa Sharma D/o Bharat Bhushan Sharma, R/o H. No. 312, Lane No. 6, Sector 1, Nanak 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.

————

362 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44

Notice

I, Ram Pal Sharma S/o Krishan Dass Sharma R/o Village Jib (Majalta) Tehsil and District Udhampur declare that my son namely Anuj Sharma is reading in 8th Class in K.V. No. 1, and my wife's name has been wrongly written in my son's School records as Rekha Sharma instead of Rekha Rani. Now, I want the correction of my wife's name. Objection, if any, may be conveyed it to concerned Authority within seven days from the publication of this notice.

It is certified that I have complied with all other legal requirements

in this connection.

Ram Pal Sharma S/o Krishan Dass Sharma R/o Village Jib (Majalta), Tehsil and 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.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., the 27th Jan., 2022/7th Magha, 1943. [No. 44 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

ADVERTISEMENTS—C ——— JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION, RESHAM GHAR COLONY, BAKSHI NAGAR, JAMMU.

Subject :—Filling up of Gazetted/Faculty posts in Government Unani

Medical College-cum-Hospital, Ganderbal, Kashmir.

Ref. :—Health and Medical Education Department's letter No. HD/

ISM/69/2020 dated 28-01-2021.

——––

Notification No. 01-PSC (DRP) of 2022

Dated 03-01-2022.

Applications through online mode are invited from the applicants

who are domiciled in the Union Territory of Jammu and Kashmir, possessing the prescribed academic/professional qualification and age 226 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44 –––––––––––––––––––––––––––––––––––––––––––––––––––––– for the post of Lecturer/Assistant Professor and Dy. Medical

Superintendent, in terms of Government Order No. 796-JK(HME) of

2020 dated 13-10-2020 issued by the Health and Medical Education

Department and "Jammu and Kashmir Probationer (Conduct of Service,

Pay and Allowance) and Fixation of Tenure Rules, 2020" notified vide

SO-192 of 2020 dated 17-06-2020 and Jammu and Kashmir Public

Service Commission (Business and Procedure) Rules, 2021.

MOST IMPORTANT

Ø Candidates are advised to update their One Time Registration

before filling the Application Form.

Ø The Application Form together with instructions for filling up the Application Forms will be available at the website of the

Commission from 06-01-2022.

Ø Candidates are advised to go through the instructions and all the eligibility conditions prescribed for the post before filing the online

Application Form.

Ø Last date for filling of online application complete in all respects along with the requisite fee (online mode only) is 05-02-2022.

Ø The last date for receipt of online applications provided in the notification shall be the cut-off date for determining the eligibility

as regards acquisition of Domicile Certificates and educational

and professional qualifications.

Ø The minimum and maximum age will however be reckoned with

reference to 1st January, 2022.

Ø Candidates can edit some of the fields in their online application form w. e. f. 07-02-2022 to 09-02-2022 (up to 11.59 PM)

instructions in this regard will be separately made available on

the website.

Ø Candidates are required to upload all the mandatory prescribed/

requisite documents.

Ø In case the mandatory prescribed/requisite documents are not uploaded with the online application form, the application form/ No. 44] The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. 227 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— candidature of the applicant is liable to be rejected without any

further notice.

Ø Candidates are not required to submit hard copy of the online

application form or any other documents to the Commission.

Ø The candidates will however, be required to present/produce a

down loaded copy of the online application form along with the

original certificates at the time of documentary verification.

Ø Candidates are advised in their own interest to submit online

applications much before the closing date and not to wait till

the last date to avoid the possibility of disconnection/inability to

pay fee or failure to login to the online application portal on

account of heavy load on the website during the closing days.

2. Name of post/scale of pay/prescribed qualification :

Item Post Pay Scale Qualification

No.

—————————————————————————————

1 2 3

4

————————————————————————————————————

1 Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a

Professor (67700- University or its equivalent as recognized under

(Kuliyat) (Basic 208700) the Indian Medicine, Central Council Act, 1970.

Principles)

ii. A Post-Graduate degree in Kulliyat from an

institution duly recognized by Central Council of

Indian Medicine.

2. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a

Professor (67700- University or its equivalent as recognized under

(Tasheh-ul-Badan) 208700) the Indian Medicine, Central Council Act,

(Anatomy) 1970.

ii. A Post-Graduate degree in Tashreeh-ul-Badan

from an institution duly recognized by Central

Council of Indian Medicine.

228 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3

4

———————————————————————————————————— 3. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a

Professor (67700- University or its equivalent as recognized under

(Munafeul Aza) 208700) the Indian Medicine, Central Council Act,

(Physiology) 1970.

ii. A Post-Graduate degree in Munafeul Aza from

an institution duly recognized by Central Council

of Indian Medicine

4. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a

Professor (Ilmul (67700- University or its equivalent as recognized under

Advia) 208700) the Indian Medicine, Central Council Act,

(Pharmacology) 1970.

ii. A Post-Graduate degree in Ilmul Advia from an

institution duly recognized by Central Council of

Indian Medicine.

5. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a

Professor (llmul (67700- University or its equivalent as recognized under

Saidla) 208700) the Indian Medicine, Central Council Act,

(Pharmacy) 1970.

ii. A Post-Graduate degree in Ilmul Saidla from an

institution duly recognized by Central Council of

Indian Medicine.

6. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a

Professor (67700- University or its equivalent as recognized under

(Mahiyatul 208700) the Indian Medicine, Central Council Act,

(Amraz) 1970.

(Pathology)

ii. A Post-Graduate degree in Mahiyatul Amraz

from an institution duly recognized by Central

Council of Indian Medicine.

7. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a

Professor (67700- University or its equivalent as recognized under

Tahiffuzi-wa- 208700) the Indian Medicine, Central Council Act,

Samajai-Tib 1970.

(Social and

Preventive Medicine) No. 44] The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. 229 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 1 2 3

4

————————————————————————————————————

ii. A Post-Graduate degree in Tahiffuzi-Wa-Samajai Tibb from an institution duly recognized by Central Council of Indian Medicine.

8. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a Professor (67700- University or its equivalent as recognized under (Moalajat) 208700) the Indian Medicine, Central Council Act, (Medicine) 1970.

ii. A Post-Graduate degree in Moalijat from an institution duly recognized by Central Council of Indian Medicine.

9. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a Professor (67700- University or its equivalent as recognized under (Niswan-wa- 208700) the Indian Medicine, Central Council Act, Qabalat) 1970. (Gynaecology and Obstetrics)

ii. A Post-Graduate degree in Niswan-wa-Qabalat from an institution duly recognized by Central Council of Indian Medicine.

10. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a Professor (67700- University or its equivalent as recognized under (Illmul Atfal) 208700) the Indian Medicine, Central Council Act, (Pediatrics) 1970.

ii. A Post-Graduate degree in Illmul Atfal from an institution duly recognized by Central Council of Indian Medicine.

11. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a Professor (67700- University or its equivalent as recognized under (Jarahat) 208700) the Indian Medicine, Central Council Act, (Surgery) 1970.

ii. A Post-Graduate degree in Jarahat from an institution duly recognized by Central Council of Indian Medicine.

12. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a Professor (Ain- (67700- University or its equivalent as recognized under Uzn-Halak-wa- 208700) the Indian Medicine, Central Council Act, 1970. Asnan (ENT)

ii. A Post-Graduate degree in Ain, Uzn, Halaq-

wa-Asnan from an institution duly recognized by Central Council of Indian Medicine.

230 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3

4

————————————————————————————————————

13. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a

Professor (67700- University or its equivalent as recognized under

(Amraze Jild wa 208700) the Indian Medicine, Central Council Act, 1970.

(Tazeeniyat)

(Dermatology)

ii. A Post-Graduate degree in Amraze Jild wa

Tazeeniyat from an institution duly recognized by

Central Council of Indian Medicine.

14. Lecturer/Assistant Level-11 i. A Bachelor's Degree in Unani Medicine from a

Professor (Ilaj (67700- University or its equivalent as recognized under

Bit Tadbeer) 208700) the Indian Medicine, Central Council Act,

(Regimental

1970.

Therapy)

ii. A Post-Graduate degree in Ilaj Bit Tadbeer from

an institution duly recognized by Central

Council of Indian Medicine.

15. Dy. Medical Level-11 i. A Bachelor's Degree in Unani Medicine from a

Superintendent (67700- University or its equivalent as recognized under

208700) the Indian Medicine, Central Council Act, 1970.

A Post-Graduate degree as a regular candidate in

Health/Hospital Administration/Management form

an Institution/University recognized by University

Grants Commission.

or

A Bachelor's Degree in Unani Medicine from a

University or its equivalent as recognized under the

Indian Medicine, Central Council Act, 1970, with

ten years clinical experience and five years

administrative experience in running a Government

Unani Health Institution.

Note I :

In terms of Government Order No. 796-JK (HME) of 2020 dated 13-10-2020, the following provisions of the allied subjects have been earmarked in case the candidates of post-graduate qualification in the concerned subject are not available for the following post of Lecturer/Assistant Professor.

No. 44]   The J&K Official  Gazette, 27th Jan., 2022/7th  Magha, 1943. 231
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
S.     Subject             Allied  subjects
No.
—————————————————————————————
1.  Tashreehul  Badan      Ilmul  Jarahat
2.  Manafeul  Aza          Kulliyat Tib
3.  Ilmul Saidla           Ilmul  Advia
4.  Tibi Qanooni           Tahafuzzi  wa Samaji  Tib  or  Moalajat

or Ilmul Advia

5.  Sareeriyat                  Moalajat
6.  Mabiyatul  Amraz            Moalajat
7.  Ilaj  Bit  Tadbeer          Moalajat  or  Tahafuzz  wa  Samaji  Tib
8.  Amraze  Jild  wa            Moalajat
    Tazeeniyat
9.  Amraze  Ain,  Uzn,          Ilmul  Jarahat  or  Moalajat
    Anf,  Halaq  wa  Asnan
10. Ilmul  Atfal                Moalajat  or  Qablat  wa  Amraze  Niswan
Note  II  :
    1. Priority  shall  be  given  to  the  candidates  having  doctorial  degree
       in  Unani.
    2. The  holder  of  Research  experience  of  regular     doctor  of
       Philosophy  (Ph. D)  shall  be  considered  equivalent  to  one  year
       teaching  experience.

3. Details (No.) of posts with category-wise break up :

2 3 4

Name of the Post OM RBA Total ———————————————————————————— 1 ———————————————————————————— Lecturer/Assistant Professor (Kuliyat) 01 - 01 (Basic Principles)

Lecturer/Assistant Professor 01 - 01 (Tasheh-ul-Badan] (Anatomy)

Lecturer/Assistant Professor 01 - 01 (Munafeul Aza) (Physiology)

Lecturer/Assistant Professor 01 - 01 (limul Advia) (Pharmacology) 232 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1

2 3 4

———————————————————————————— Lecturer/Assistant Professor 01 - 01 (limul Saidla) (Pharmacy)

Lecturer/Assistant Professor 01 - 01 (Mahiyatul Amraz) (Pathology)

Lecturer/Assistant Professor 01 01 02 Tahiffuzi-wa-Samajai-Tib (Social & Preventive Medicine)

Lecturer/Assistant Professor 01 01 02 (Moalajat) (Medicine)

Lecturer/Assistant Professor 01 - 01 Niswan-wa-Qabalat (Gynaecology & Obstetrics)

Lecturer/Assistant Professor 01 - 01 (limul Atfal) (Pediatrics)

Lecturer/Assistant professor 01 - 01 (Jarajat) (Surgery)

Lecturer/Assistant Professor 01 - 01 (Ain-Uzn-Halaq-wa-Asnan) (ENT)

Lecturer/Assistant Professor 01 - 01 (Amraze Jild wa Tazeeniyat) (Dermatology)

Lecturer/Assistant Professor 01 - 01 (1laj Bit Tadbeer) (Regimental Therapy)

Dy. Medical Superintendent 01 - 01

——————————

Total 15 02 17

——————————

5. Age as on 1st January, 2022 :

The requirement of age for candidates belonging to Open Merit (OM)

and various reserved categories is as follows :—

No. 44]   The J&K Official  Gazette, 27th Jan., 2022/7th  Magha, 1943. 233
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
S.  Category        Age  limitt   Not  born   Not  born
No.                               after       before
—————————————————————————————
3.  PHC                42          01-01-2004 01-01-1980
    In-service         45          01-01-2004 01-01-1977
    candidate/Government
S.  Category        Age  limit     Not  born  Not  born
No.                                after      before
—————————————————————————————
1.  OM                 40          01-01-2004 01-01-1982
2.  RBA                43          01-01-2004 01-01-1979

6. Reservation :

i. A candidate seeking his/her consideration under any reserved categories must ensure that he/she possesses a valid requisite category certificate and on the cut-off date.

ii. The candidature of the candidates will be provisional till the genuineness of the reserved category certificate is verified by the Appointing Authority.

iii. Candidates may note that in case a claim for reservation is made on the basis of false/fake/fraudulent certificate, he/she shall be debarred from the examination(s) conducted by the J&K Public Service Commission, in addition to any other penal action as may be deemed appropriate.

7. Domicile :

The candidate should be a Domicile of the Union Territory of Jammu and Kashmir. The candidate must possess a valid Domicile Certificate issued by the Competent Authority in the prescribed format as on the last date prescribed for submission of online application form.

8. Requisite Fee :

After successful submission of the online application form, candidate will be required to deposit requisite fee through online mode. The amount of fee to be paid is given below :—

General Category = Rs. 1000.00

Reserved Categories = Rs. 500.00

PHC = NIL

Note :

(i) The application form submitted without deposition of the fee, which gets substantiated through reflection of the same on the application form, shall be treated as incomplete and candidature shall be deemed to have been rejected without any notice. No representation against such rejection shall be entertained.

(ii) Submission of multiple applications by way of prefixing Mr./Ms. or through generation of Multiple User ID's or any other mode, followed by either non-payment of fee particulars or fee particulars (TID) of one application (RID) being mentioned 234 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44 –––––––––––––––––––––––––––––––––––––––––––––––––––––– against another application with a different RID would lead to rejection of the online application. The applicants who are submitting multiple applications should note that only the applications with higher Registration ID (RID) number shall be entertained by the Commission and fee paid against one RID shall not be adjusted against any other RID number. Besides a strict disciplinary action shall be taken including the cancellation of candidature and debarment for future examinations of J&K PSC will be taken against such applicants.

9. Documents to be uploaded :

While filing the online application form the applicants are required

to upload the documents as per details given below :—

(a) Documents (Mandatory)—

(i) Date of Birth Certificate (Secondary School/Matric

Certificate-01 leaf ;

(ii) Domicile Certificate-01 leaf ;

(iii) Bachelors degree in Unani Medicine or its equivalent along

with consolidated Marks Cards ;

(iv) Post-Graduation degree in the prescribed field (specialization) along with consolidated marks card along with Registration Certificate, from competent authority ;

(v) Ph.D degree along with result notification, wherever

applicable ;

(vi) Experience Certificate (Ten years) and five years administration experience for the post of Dy. Medical Superintendent.

(b) Documents (Mandatory) if claiming benefit under that category)—

(i) Valid Category Certificate-01 leaf ;

(ii) For Physically Challenged Candidates Disability Certificate

on the prescribed format, if required-01 leaf ;

(iii) In-service Certificate signed by HoD.

(c) Any other document for which the candidate is claiming weightage as per provisions laid down in J&K (Business and Procedure) Rules, 2021—

(i) Certificate of Distinction in Sports in terms of J&K (Appointment of Outstanding Sports Persons) Rules, 1998- 01 Leaf ;

No. 44] The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. 235 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(ii) "C" Certificate in NCC activities-01 Leaf ;

(iii) Gold Medal Certificate for overall first position in the minimum prescribed qualification-01 leaf. In case the convocation for award of Gold Medal has not been convened, a certificate from the competent authority shall be uploaded to the affect that he/she is entitled to Gold Medal for securing overall first position in the prescribed qualification and that the same shall be awarded in the Convocation of the University/Institution ;

(iv) List of Research Papers/Publications as per format-01

leaf ;

(v) List of Conferences (Participation and Presentation) as per

format-01 leaf ;

(vi) List of Books as per format-01 leaf.

It may be noted that no further opportunity to upload any document shall be provided hereafter and action under rules including rejecting of application/candidature etc. will be taken.

10. Scheme of selection :

Selection shall be made in accordance with the provisions laid down in the Jammu and Kashmir Public Service Commission's (Business and Procedure) Rules, 2021 as amended from time to time.

Candidates are especially advised to apprise themselves with the provisions of Rule 44 (ii) of the Jammu and Kashmir Public Service Commission's (Business and Procedure) Rules, 2021.

11. Important instructions regarding filling up of online

applications are given herein below :—

i. Candidates are required to apply online through the website of the Commission i.e. http://www.jkpsc.nic.in No. other means/mode of application shall be accepted.

ii. Candidates are first required to go to the JKPSC website http://www.jkpsc.nic.in and click on the link "One Time Registration" or click on Login menu if you have already created your profile with the JK PSC.

iii. After logging into your account, candidates are required to fill all the requisite fields of One Time Registration (OTR) i. e. personal information, contact information and educational qualification, service details etc.

236 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44 –––––––––––––––––––––––––––––––––––––––––––––––––––––– iv. The candidate shall also be required to upload the image of date stamped recent passport size color photograph and signature. The photograph should not be taken earlier than 01-01-2021.

v. Size of the photograph (passport size) and signature must

be between 10kB to 20kB in *.jpeg or *.jpg only.

vi. After successful submission of all the details in your OTR account, check the eligibility conditions as mentioned in the advertisement notification before applying for the post.

vii. Click on the "show examination" as shown against the

respective post/examination you want to apply.

viii. On clicking on the "show examination" a window will appear on your computer screen. Select the month of the advertisement notification for which you want to apply, a link(s) for the post(s) will appear on the computer screen.

ix. An "APPLY" button is shown against the respective post and the candidates will click on the APPLY button against the post he/she is eligible.

x. On clicking "APPLY" button, an instruction window will appear. Candidates should read instructions carefully before clicking on "APPLY" button at the bottom of the webpage.

xi. On clicking "APPLY" button, the system will display all facts/ particulars that a candidate may have mentioned while filling up the necessary fields of his/her OTR account. Candidate shall fill up the remaining required fields in the application form and accept the declaration thereof.

xii. Once the candidate is satisfied about the correctness of the filled in details, then, he or she may click on "SUBMIT" button to finally push the data into server with successful submission report.

xiii. On successful submission of the basic details, the candidates will be required to pay the online fee and uploading of the documents, for final submission of the online application form.

xiv. Candidates can pay the requisite fee through online mode in the "SUBMITTED APPLICATIONS" menu in your account.

No. 44] The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. 237 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— xv. After successful payment of the fee, the fee status will get

reflected on the Online Application Form. Candidates can check the fee status by clicking on the Print Application Button in the submitted Applications menu in your JKPSC account. In case the payment status shows either "not submitted or under processing or status has not been reflected on your submitted application form", candidate(s) are advised to contact the JKPSC office at Solina, Srinagar/Resham Ghar Colony, Jammu immediately for clarification. Further where the online fee is paid through other service providers the candidate must ensure that not only the amount of fee is debited from his/service provider's Account but also credited into the official account of JKPSC.

xvi. The candidate would be able to get the printout of his/her submitted application only after the payment of the requisite fee and uploading of mandatory prescribed/requisite documents.

xvii. The JKPSC will not undertake detailed scrutiny of applications for the eligibility and other aspects at the time of filling up of online and, therefore, candidature will be accepted only provisionally. The candidates are advised to go through the requirements of educational qualification, age, etc. and satisfy themselves that they are eligible for the post(s). Copies of supporting documents will be sought at the time of document verification. When scrutiny is under taken, if any, claim if made in the application is not found/ substantiated by proof, the candidature will be cancelled and the Commission's decision shall be final and binding.

xviii. Please note that the above procedure is the only valid procedure for applying. No other mode of application or incomplete steps would be accepted and such applications would be rejected.

12. Editing of the online application form :

Candidates who have successfully submitted the online application form along with requisite fee will be allowed to edit some of the fields in their submitted online application form w. e. f. 07.02.2022 to

09.02.2022. Detailed instruction in this regard will be made available on the website of the Commission.

238 The J&K Official Gazette, 27th Jan., 2022/7th Magha, 1943. [No. 44 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 13. Action against candidates found guilty of misconduct :

Candidates are advised that they should not furnish any particulars that are false or suppress any material information. A candidate who is, or has been, declared by the Commission, to be guilty of—

i. obtaining by wrongful support of his/her candidature by

any means ; or

ii. impersonating ; or

iii. procuring impersonation by any person ; or

iv. submitting fabricated documents or documents which

have been tampered with ; or

v. making statements which are incorrect, or false or

suppressing material information ; or

vi. resorting to any other irregular or improper means in connection with his/her candidature for the selection ; or

vii. attempting to commit or, as the case may be, abetting the Commission of all or any of the acts specified in the foregoing clauses may, in addition to rendering himself/herself liable to criminal prosecution.

shall be liable :

(a)    to  be  disqualified  by  the  Commission  from  selection  for
       which  he/she  is  a  candidate  ;  and/or
(b)    to  be  debarred  either  permanently  or  for  a  specified
       period—
       (i)     By  the  Commission  from  any  selection  held  by
               them.
       (ii)    By  the  Union  Territory  Government  from  any

employment under them ; and

(c) if he/she is already in-service under Government, disciplinary action can be taken against him/her under the appropriate rules.

(Sd.) R. K KATOCH, JKAS,

Secretary, J&K Public Service Commission.

No. 22-e] The J&K Official Gazette, 1st Sept., 2021/10th Bhad., 1943. Wed. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I—B

Jammu and Kashmir Government––Notifications.

———–

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

Notification

Jammu, the 1st September, 2021.

SO-305.––In exercise of the powers conferred by sub-section (2) of section 27 of the Jammu and Kashmir Municipal Act, 2000, the Government hereby notifies the name of Sh. Syed Ibrahim Shah S/o Syed Ahmad Shah R/o Magam, Member (Ward No.11) of Municipal Committee, Magam to have been declared as elected President of the Municipal Committee, Magam for the remainder period.

By order of the Government of Jammu and Kashmir.

(Sd.) DHEERAJ GUPTA, IAS,

Principal Secretary to Government, Housing and Urban Development Department.

No. 22-f] The J&K Official Gazette, 1st Sept., 2021/10th Bhad., 1943 Wed. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

EXTRAORDINARY REGD. NO. JK—33

PART I––B

Jammu and Kashmir Government––Notifications.

———–

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

Notification

Jammu, the 1st September, 2021.

SO-306.––In exercise of the powers conferred by sub-section (2) of section 27 of the Jammu and Kashmir Municipal Act, 2000, the Government hereby notifies the name of Sh. Irshad Hussain Mir S/o Mohammad Jaffar Mir R/o Magam, Member (Ward No. 6) of Municipal Committee, Magam to have been declared as elected Vice-President of the Municipal

Committee, Magam for the remainder period.

By order of the Government of Jammu and Kashmir.

(Sd.) DHEERAJ GUPTA, IAS,

Principal Secretary to Government,

Housing and Urban Development Department.

No. 23-k] The J&K Official Gazette, 8th Sept., 2021/17th Bhad., 1943. Wed. —————————————————————————————————

EXTRAORDINARY REGD. NO. JK–33

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

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

Notification

Jammu, the 8th September, 2021.

SO–317.—In exercise of the powers conferred by sub-section (2) of section 27 of the Jammu and Kashmir Municipal Act, 2000, the Government hereby notifies the name of Shri Manzoor Ahmad Khan S/o Mohad. Abdullah Khan R/o Tral, Member, Ward No. 11, Municipal Committee, Tral for being declared as elected President of the Municipal Committee, Tral for the remainder period.

By order of the Government of Jammu and Kashmir.

(Sd.) DHEERAJ GUPTA, IAS,

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

No. 23-l] The J&K Official Gazette, 8th Sept., 2021/17th Bhad., 1943. Wed. —————————————————————————————————

EXTRAORDINARY REGD. NO. JK–33

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 8th September, 2021.

SO–318.—In exercise of the powers conferred under sub-section (1) of section 9 of the Manoeuvres, Field Firing and Artillery Practise Act, 1938, the Government of Jammu and Kashmir hereby defines the area measuring 82 Kanals and 07 Marlas under Khasra Nos. 803, 804 and 806 situated at Village Bapli, Lote, Tehsil and District Udhampur as an area for the purpose of carrying out periodically Field Firing and Artillery Practice by the Border Security Force (BSF), for a period of 10 years w. e. f. 01-03-2020.

By order of the Government of Jammu and Kashmir.

(Sd.) RASHID RAINA, KAS,

Under Secretary to the Government.

No. 24-a] The J&K Official Gazette, 10th Sept., 2021/19th Bhad., 1943. Fri. —————————————————————————————————

EXTRAORDINARY REGD. NO. JK–33

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Jammu, the 10th September, 2021.

SO–319.—In exercise of the powers conferred by rule 4 of the Jammu and Kashmir E-Court Fees Rules, 2021, the Government hereby appoints Stock Holding Corporation of India Limited (SHCIL) as Central Record Keeping Agency (CRA) for the implementation of the Jammu and Kashmir E-Court Fees Rules, 2021 in the Union Territory of Jammu and Kashmir. SHCIL will be paid a commission @ 0.65% (i. e. paisa for every rupees hundred).

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to Government.

No. 24-b] The J&K Official Gazette, 13th Sept., 2021/22nd Bhad., 1943. Mon. —————————————————————————————————

EXTRAORDINARY REGD. NO. JK–33

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Jammu, the 13th September, 2021.

SO–320.—Whereas, the Government vide notification SRO-313 dated 25-08-2010 appointed District and Sessions Judge, Rajouri as Arbitrator to determine the award of compensation in respect of land measuring 15 Kanals 11 Marlas, 17 Kanals 12 Marlas, 10 Kanals 18 Marlas and 17 Marlas bearing Khasra Nos. 63, 48, 55 and 49 respectively, situated in Village Pathan Mohra, Tehsil and District Rajouri ; and

Whereas, on the request of the Arbitrator, the Government extended the time period for completing the arbitration proceedings vide SRO-150 dated 13th May, 2011 and 535 dated 03-12-2018 ; and

Whereas, the said Arbitrator could not complete the arbitration proceedings and make an award within the stipulated period of time ; and

Whereas, the said Arbitrator again requested for extension in time for determining the amount of compensation in respect of land situated in Village Pathan Mohra, Tehsil and District Rajouri ; and

Whereas, the Government after having considered the matter has decided that extension in time for completion of arbitration proceedings be granted.

Now, therefore, in pursuance of sub-rule (1) of rule 10 of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Rule, 1969, the Government hereby directs that the time for making the award shall and shall always be deemed to have been extended by a further period of four months from the date of issuance of this notification.

By order of the Government of Jammu and Kashmir.

(Sd.) KHALID MAJEED, KAS,

Special Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Tue., the 12th Oct., 2021/20th Asv., 1943. [No. 28-f –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

(Power Section)

Notification

Srinagar, the 12th of October, 2021.

SO-348.––In exercise of the powers conferred by sub-section (1) of section 20 of the Code of Criminal Procedure, 1973, the Government hereby appoint following Naib-Tehsildars to be the Executive Magistrate 2 The J&K Official Gazette, 12th Oct., 2021/20th Asv., 1943. [No. 28-f –––––––––––––––––––––––––––––––––––––––––––––—–––————— who shall exercise all the powers of an Executive Magistrate within their territorial jurisdiction of District Poonch :—

 No.   Name  of  the  Officer        Designation/Place  of  posting
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
       S/Shri
 1.    Maroof  Khan              N.  T.  Surankote,  Tehsil  Surankote
 2.    Mukesh  Singh             N.  T.  Mendhar,  Tehsil  Mendhar
 3.    Manoj  Kumar              N.  T.  Lassana,  Tehsil  Surankote
 4.    Anmol  Singh              N.  T.  Khanater,  Tehsil  Haveli
 5.    Mohd.  Azam  Khan         N.  T.  Loran,  Tehsil  Mandi
 6.    Randhir  Singh            N.  T.  Bandichechian,  Tehsil  Haveli
 7.    Altaf Hussain             L/A  N.  T.  Harni,  Tehsil  Mendhar
 8.    Zakir  Hussain  Wani      L/A  N.  T.  Chattral,  Tehsil  Mendhar
 9.    Sushil  Kumar             UA  N.  T.  Buffliaz,  Tehsil  Surankote
10.    Liaqat Ali                I/c N. T. Bhatadhurian, Tehsil Mendhar

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to Government.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Wed., the 20th Oct., 2021/28th Asv., 1943. [No. 29-f –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—GENERAL ADMINISTRATION DEPARTMENT

Notification

Srinagar, the 20th October, 2021.

SO-361.––In exercise of the powers conferred by proviso to Article 309 of the Constitution, the Government of Jammu and Kashmir hereby makes the following rules ; namely :—

1. Short title and commencement.—(1) These rules may be called the Jammu and Kashmir Ex-servicemen (Re-employment in Public Services and Posts) Rules, 2021.

(2) These rules shall come into force from the date of their

notification in the Official Gazette.

2 The J&K Official Gazette, 20th Oct., 2021/28th Asv., 1943. [No. 29-f –––––––––––––––––––––––––––––––––––––––––—–––—————––– 2. Definitions.—In these rules, unless the context otherwise

requires :—

(a) "Armed Forces" means the nayal, military and air forces

of the Union ;

(b) "disabled ex-serviceman" means an ex-serviceman, who while serving in the Armed Forces was disabled in operations, against the enemy or in disturbed areas ;

(c) "ex-serviceman" means a person,—

(i) who has served in any rank whether as a combatant or non-combatant in the Regular Army, Navy and Air Force of the Indian Union, and

(a) who either has been retired or relieved or discharged from such service whether at his own request or being relieved by the employer after earning his or her pension ; or

(b) who has been relieved from such service on medical grounds attributable to military circumstances beyond his control and awarded medical or other disability pension ; or

(c) who has been released from such service as a result

of reduction in establishment ; or

(ii) who has been released from such service after completing the specific period of engagement, otherwise than at his own request, or by way of dismissal, or discharge on account of misconduct or inefficiency and has been given a gratuity ; and includes personnel of the Territorial Army, namely, pension holders for continuous embodied service or broken spells of qualifying service :

Provided that Short Service Commissioned Officers released from service after completing initial terms of engagement otherwise than by way of dismissal or discharge on account of misconduct or inefficiency and have been given gratuity shall be eligible to the status of ex-servicemen ; or No. 29-f] The J&K Official Gazette, 20th Oct., 2021/28th Asv., 1943. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— (iii) personnel of the Army Postal Service who are part of Regular Army and retired from the Army Postal Service without reversion to their parent service with pension, or are released from the Army Postal Service on medical grounds attributable to or aggravated by military service or circumstance beyond their control and awarded medical or other disability pension ; or

(iv) Personnel who were on deputation in Army Postal Service for more than six months prior to the 14th April, 1987 ; or

(v) Gallantry award winners of the Armed forces including

personnel of Territorial Army ; or

(vi) Ex-recruits boarded out or relieved on medical ground

and granted medical disability pension.

Explanation I :—An ex-serviceman shall be required to produce a certificate in form XIV duly signed by the competent authority as provided in rule 18 of the Jammu and Kashmir Reservation Rules, 2005.

Explanation II :—An ex-serviceman on joining any post after having availed Horizontal Reservation, cannot avail of the benefit of reservation as Ex-Serviceman for any subsequent employment.

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

Kashmir ;

(e) "post" means a permanent post in the pay level duly sanctioned

by the competent authority ;

(f) "reserved vacancies" means vacancies reserved under clause (d) of rule 4 of the Jammu and Kashmir Reservation Rules, 2005 ;

(g) "Rules" means the Jammu and Kashmir Re-employment of

Ex-servicemen in Public Services and Posts Rules, 2021.

(2) Words and expressions used in these rules but not defined shall have the same meaning as assigned to them respectively in the 4 The J&K Official Gazette, 20th Oct., 2021/28th Asv., 1943. [No. 29-f –––––––––––––––––––––––––––––––––––––––––—–––—————––– Jammu and Kashmir Civil Services (Classification, Control and

Appeal) Rules, 1956 and the Jammu and Kashmir Civil Services

Regulations, 1956.

3. Application of the rules.—Notwithstanding anything to the

contrary contained in the recruitment rules of any service in force, these

rules shall apply to the direct recruitment posts borne on all the

subordinate services under the Government, which carry the pay of and

upto Level-6E (35900-113500).

4. Special provision regarding age limit.—Notwithstanding anything

contained in any other law for the time being in force, every

ex-serviceman having served in the Armed forces shall be allowed to

deduct the period of such service from his actual age for the purpose

of appointment against any vacancy, whether reserved or not under these

rules, and if the resultant age does not exceed the maximum age limit

prescribed for the post or service for which he seeks appointment by

more than three years, he shall be deemed to satisfy the condition

regarding age limit.

5. Special provision regarding educational qualification.—(1)

For appointment to any reserved vacancy, a matriculate ex-serviceman

(which term includes an ex-serviceman, who has obtained the Indian

Army Special Certificate of Education or the corresponding certificate

in the Navy or Air Force) ; who has put in not less than 15 years

of service in the armed Force may be considered eligible for appointment

to the posts for which the essential educational qualification prescribed

is graduation and where :—

(a) work experience of technical or professional nature is not

essential ; or

(b) though non-technical professional work experience is prescribed

as essential yet the appointing authority is satisfied that the

ex-serviceman is expected to perform the duties of the post

by undergoing on the job training for a short duration.

(2) For appointment to any reserved vacancy to be filled partly

by direct recruitment and partly by promotion or transfer, where the

minimum educational or technical qualification prescribed for appointment No. 29-f] The J&K Official Gazette, 20th Oct., 2021/28th Asv., 1943. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— by direct recruitment is higher than that prescribed for promotees or transferees, an ex-serviceman shall be deemed to satisfy the prescribed educational or technical qualification if he,—

(a) satisfies the educational or technical qualification prescribed for direct recruitment to the post from which promotion or transfer to the post in question is allowed ; and

(b) has identical experience of work in a similar discipline and for the same number of years in the Armed Forces of the Union, as prescribed for promotees or transferees.

(3) For appointment to any reserved vacancy, where the prescribed minimum educational qualification is matriculation, the appointing authority may, at his discretion relax the minimum educational qualification in favour of an ex-serviceman who has passed the Indian Army Class-I Examination or equivalent examination in the Navy or the Air Force, and who has put in at least 15 years of service in the Armed Forces and is otherwise considered fit to hold the post, in view of his experience and other qualification.

6. Relaxation of Standard.—In case sufficient number of candidates belonging to the ex-servicemen are not available on the basis of general standard to fill all the vacancies reserved for them, candidates belonging to the category of ex-servicemen may be selected under the relaxed standard of selection to make up the deficiency in the reserved quota subject to the condition that such relaxation will not affect the level of performance by such candidates.

7. Special provision regarding relaxation in Physical Endurance Tests.—(1) In respect of the posts for which a candidate has to qualify Physical Endurance Tests, wherever such tests are prescribed, an ex-serviceman shall be required to qualify such tests as per the following relaxed standards :—

Male Female

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

Age Race 1600 Push ups Race 1000 Shot put Mtrs. Mtrs. (4 Kgs.)

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Upto 30 years 6½ 20 6½ 14½ Minutes Minutes Feet 6 The J&K Official Gazette, 20th Oct., 2021/28th Asv., 1943. [No. 29-f –––––––––––––––––––––––––––––––––––––––––—–––—————––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Above 30 to 7½ 16 7½ 12½ 40 years Minutes Minutes Feet

Above 40 8½ 12 8½ 10½ years Minutes Minutes Feet

Explanation I :—For the purpose of this rule, the age of the Ex-

serviceman shall be his actual age.

Explanation II :—All Ex-Servicemen shall be required to pass the written tests and fulfill the prescribed physical standards apart from meeting the medical standards prescribed for direct recruits.

8. Power to relax.—Where the Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules :

Provided that while exercising such powers, the Government shall ensure that the discretion is exercised bonafide and is duly notified for information of general public.

9. Power to remove difficulties.—lf any difficulty arises in giving effect to the provisions and interpretation of these rules, the Government in the General Administration Department may issue such instructions, not inconsistent with the provisions of these rules, which appear to it to be necessary or expedient for the purpose of removing the difficulty and for the purpose of giving effect to these rules.

10. Repeal and Savings.—(1) All existing rules and orders in force immediately before the commencement of these rules relating to matters covered by these rules are hereby repealed.

(2) Notwithstanding such repeal, any appointment, order made or action taken under the provisions of the rules/orders so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

By order of the Government of Jammu and Kashmir.

(Sd.) MANOJ KUMAR DWIVEDI, IAS,

Commissioner/Secretary to the Government, General Administration Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Tue., the 7th Dec., 2021/16th Agra., 1943. [No. 36-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART IV

Reprints from the Government of India Gazette.

———–

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 14th November, 2021/Kartika 23, 1943 (Saka).

THE DELHI SPECIAL POLICE ESTABLISHMENT (AMENDMENT) ORDINANCE, 2021

(No. 10 of 2021)

Promulgated by the President in the Seventy-second Year of the

Republic of India.

An Ordinance further to amend the Delhi Special Police

Establishment Act, 1946.

2 The J&K Official Gazette, the 7th Dec., 2021/16th Agra., 1943. [No. 36-6 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–––––––

WHEREAS, Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action.

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—

1. Short title and commencement.—(1) This Ordinance may be called the Delhi Special Police Establishment (Amendment) Ordinance, 2021.

(2) It shall come into force at once.

2. Amendment of section 4.—In section 4B of the Delhi Special Police Establishment Act, 1946 (25 of 1946) in sub-section (1), the following provisos shall he inserted, namely,—

"Provided that the period for which the Director holds the office on his initial appointment may in public interest, on the recommendation of the Committee under sub-section (1) of section 4A and for the reasons to be recorded in writing, be extended up to one year at a time :

Provided further that no such extension shall be granted after the completion of a period of five years in total including the period mentioned in the initial appointment ; ".

RAM NATH KOVIND,

President.

––––––––

(Sd.) DR. REETA VASISHTA,

Secretary to the Government of India.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Fri., the 30th July, 2021/8th Srav., 1943. [ No. 18-d –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I–B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 30th July, 2021.

SO-260.—Whereas, on 04-02-2021, Anantnag Police during naka

checking at Dailgam intercepted a suspect for checking who tried to escape

from the spot but was chased down by the naka party. During his personal

search, Police recovered 01 hand grenade and 30 AK rounds from his

possession ; and

2. Whereas, a case FIR No. 22/2021 under sections 18, 20, 38 of

ULA (P) Act, 7/25 Arms Act was registered in Police Station, Anantnag 2 The J&K Official Gazette, 30th July, 2021/8th Srav., 1943. [No. 18-d ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— and investigation of the case was set into motion. Subsequently, during investigation section 23 of ULA (P) Act was added and section 18 of

ULA(P) Act was dropped from the case ; and

3. Whereas, during the course of investigation, site plan of place of occurrence and seizure memos were prepared and statement of witnesses

acquainted with the facts and circumstances of the case were recorded under the relevant provisions of law ; and

4. Whereas, during investigation, it was established that the accused

Tanveer Ahmad Khan was member of JeM terrorist banned outfit and was provided arms/ammunition by the terrorists of the outfit for carrying out the attack on the security forces in the area ; and

5. Whereas, on the basis of investigation, statement of witnesses recorded and other evidence collected, the Investigating Officer has established prima facie involvement of below mentioned accused persons for the commission of offences punishable under sections as shown against his name of Unlawful Activities (Prevention) Act, 1967 :—

S. No. Name of the accused Offences

—————————————————————————————

1. Tanveer Ahmad Khan 20, 23, 38

S/o Naseem Ahmad Khan ULA (P) Act

R/o Dhamal, Khoshipora.

6. Whereas, the Authority appointed by the Government under

sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act,

1967 has independently examined the case diary file and all the other

relevent documents relating to the case and has come to the conclusion

that prima facie case is made out against the accused person ; and

7. Whereas, after perusing the case diary file, the relevant documents and also taking into consideration the views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above mentioned accused for their

prosecution under the provisions of law.

Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of ULA (P) Act, 1967, the Government hereby accord No. 18-d] The J&K Official Gazette, 30th July, 2021/8th Srav., 1943. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— sanction for launching prosecution against the above accused persons for the commission of offences punishable under sections 20, 23, 38 of Unlawful Activities (Prevention) Act, 1967, in the case FIR No. 22/2021 of Police Station, Anantnag.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Mon., the 2nd Aug., 2021/11th Srav., 1943. [ No. 18-f –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 2nd August, 2021.

SO-262.—Whereas, on 05-02-2021, Bandipora Police during joint naka checking at Paribal, Hajin intercepted three suspects for checking. The suspects tried to escape from the spot but were chased down by the naka party, identified as Bashir Ahmad Mir S/o Ab. Ahad Mir R/o Rakhi Paribal, Hilal Ahmad Parray S/o Gh. Mustafa Parray R/o Parray Mohalla Hajin and Irfan Ahmad Bhat S/o Gh. Ahmad Bhat R/o Bonikhan Mohalla Hajin. During their personal search, 03 hand grenades were recovered from their possesion and on preliminary questioning accused persons disclosed that they were working a s associates of prescribed LeT terrorist organization ; and 2 The J&K Official Gazette, 2nd Aug., 2021/11th Srav., 1943. [No. 18-f ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 2. Whereas, a case FIR No. 10/2021 under section 7/25 Arms Act,

13, 23, 39 Unlawful Activities (Prevention) Act , 1967, came to be registered

in Police Station, Hajin and investigation of the case was set into motion. Subsequently, during investigation section 20 ULA (P) Act was added in the case ; and

3. Whereas, during the course of investigation, site plan of place of

occurrence and seizure memos were prepared and statement of witnesses acquainted with the facts and circumstances of the case were recorded under the relevant provisions of law ; and

4. Whereas, during investigation, accused Bashir Ahmad Mir disclosed that he along with his above two associates namely Hilal Ahmad Parray and Irfan Ahmad Bhat were provided arms/ammunition by terrorist Mohammad Saleem Parray @ Billa S/o Gh. Mohammad Parray R/o Kan

Mohalla, Hajin for carrying out the terrorist in the area and disclosed that they were voluntarily providing all logistics and other support to the said terrorist . Accused further disclosed that he had concealed some arms/ ammunition in his residential house and on his disclosure,01 AK Magazine along with 21 AK rounds were recovered from his residential house ; and

5. Whereas, during further investigation, it was established that the above three accused persons namely Bashir Ahmad Mir, Hilal Ahmad

Parray and Irfan Ahmad Bhat were committing unlawful activity by working as Over Ground Worker (OGWs) for terrorist Mohammad Saleem Parray who provided arms/ammunition to them for carrying out terrorist activities in the area. The said arms/ammunition was recovered from their possession ; and

6. Whereas, on the basis of investigation, statement of witnesses recorded and other evidence collected, the investigating Officer has

established prima facie involvement of below mentioned accused persons for the commission of offences punishable under section as shown against each of Unlawful Activities (Prevention) Act :—

S. No. Name of the accused Offences

—————————————————————————————

1 2 3

—————————————————————————————

1 Bashir Ahmad Mir S/o Ab. Ahad 13, 23, 39

Mir R/o Rakhi Paribal, Hajin. ULA (P) Act No. 18-f] The J&K Official Gazette, 2nd Aug., 2021/11th Srav., 1943. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

1 2 3

—————————————————————————————

2. Hilal Ahmad Parray S/o Gh. Mustafa Parray 13, 23, 39

R/o Parray Mohalla, Hajin. ULA (P) Act

3. Irfan Ahmad Bhat S/o Gh. Ahmad Bhat

R/o Bonikhan Mohalla, Hajin.

4. Mohammad Saleem Parray S/o 20, 23 ULA(P)

Gh. Mohammad R/o Kan Mohalla, Hajin. Act

7. Whereas, accusd Mohammad Saleem Parray is absconding against whom proceedings under section 299 Cr. PC. has been proposed to be

initiated ; and

8. Whereas, the Authority appointed by the Government under

sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act,

1967 has independently examined the case diary file and all the other

relevent documents relating to the case and has come to the conclusion

that prima facie case is made out against the accused person ; and

9. Whereas, after perusing the case diary file, the relevant documents and also taking into consideration the views of the Authority appointed

under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the provisions of Unlawful Activities (Prevention) Act, 1967.

Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of ULA (P) Act, 1967, the Government hereby accord sanction for launching prosecution against the above-mentioned accused persons for the commission of offences punishable under sections 13, 20, 23, 39 of Unlawful Activities (Prevention) Act, 1967, in the case FIR No. 10/2021,

of Police Station, Hajin.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Mon., the 2nd Aug., 2021/11th Srav., 1943. [ No. 18-g –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 2nd August, 2021.

SO-263.—Whereas, on 06-06-2020, Kulgam Police received reliable information about hiding of active terrorist namely Tariq Ahmad Mir S/o Ab. Rahman Mir R/o Zangalpora along with his associates in the residential house of one Mohammad Abdullah Wani S/o Ambir Wani R/o Hilmiter, Akhal, Devsar with intention to carry out terrorist activity. Subsequently, cordon and search operation was launched in the village but the terrorists escaped from the spot ; and 2 The J&K Official Gazette, 2nd Aug., 2021/11th Srav., 1943. [No. 18-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 2. Whereas, a Case FIR No. 58/2020 under sections 13, 18, 19, 38,

39 Unlawful Activities (Prevention) Act, 1967, came to be registered in

Police Station, Devsar and investigation of the case was set into motion.

Subsequently, during investigation section 38 ULA(P) Act was dropped

from the case ; and

3. Whereas, during the course of investigation, site plan of place of

occurrence and seizure memos were prepared and statement of witnesses

acquainted with the facts and circumstances of the case were recorded

under the relevant provisions of law ; and

4. Whereas, during investigation, house owner Mohammad Abdullah

Wani was arrested in connection with the case and during investigation he

disclosed that he was in close contact with terrorist Tariq Ahmad Mir and

was providing shelter/logistic support to said terrorist and his foreigner

associates namely (1) Sameer Bhai @ Usman Bhai R/o Punjab, Pakistan,

(2) Imran Bhai @ Taib Waleed R/o Punjab, Pakistan, (3) Abu Bakr @

Maviya @ Mooman R/o Pakistan, (4) Shamsher R/o Pakistan, (5) Baniya

@ Ayoubi R/o Pakistan and (6) Ali Bhai @ Abu Ukasha @ Hyder Ali R/o

Pakistan and was harbouring them in his residential house ; and

5. Whereas, accused Mohammad Abdullah Wani further disclosed

that some other persons namely (1) Hilal Ahmad Ganie S/o Wazir Ahmad

R/o Malwan, and (2) Khalid Kawsar Bin Hameed S/o Hamedullah Sofi

R/o Zangalpora and one more person from Bijbehara, Anantanag (later on

identified as Rameez Ahmad Rather S/o Gh. Mohiudin R/o Kanalwan,

Bijbehara) were also working for above terrorists and were conducting

meetings with them in his residential house. Subsequently, accused Hilal

Ahmad Ganie and Khalid Kawsar Bin Hameed were arrested in connection

with the case ; and

6. Whereas, accused Rameez Ahmad was also arrestd in the case

and during investigation he disclosed that he came in contact with terrorist

Tariq Ahmad Mir and his foreigner associate Imran Bhai and on their

motivation he was working as OGW for the above terrorists. He further

disclosed that he was conducting meetings with the above terrorists in the

residential house of accused Mohammad Abdullah Wani where he also No. 18-g] The J&K Official Gazette, 2nd Aug., 2021/11th Srav., 1943. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

came in contact with his son namely Badshah Abdullah and two other accused

persons namely Hilal Ahmad Ganie and Khalid Kawsar who were also

working for the terrorists of JeM outfit. Subsequently, accused Badshah

Abdullah was arrestd in the case ; and

7. Whereas, accused Rameez Ahmad further disclosed that on the

directions of above terrorists he made a hideout in the forests of

Village, Akhal for hiding of terrorists with the help of other accused persons

namely Mohammad Abdullah, Hilal Ahmad, Khaluid Kawasar and disclosed

that he alongwith other associates were providing financial assistance to

the above terrorists for purchase of arms/ammunition through one Muneeb

Ahmad Sofi S/o Bilal Ahmad R/o Kanelwan, Bijbehara who was also arrested

in connection with the case ; and

8. Whereas, during investigation accused Muneeb Ahmad Sofi

disclosed that he ws in constant touch with a foreigner terrorist namely

Imran Bhai @ Taib Waleed and was working for him. The accused disclosed

that other accused persons namely Hilal Ahmad Ganie, Khalid Kawasr,

Rameez Ahmad Rather and Badshah Abdullah Wani were also working

for the JeM terrorists. He further disclosed that after the arrest of accused

Rameez Ahmad Rather by Kulgam Police he escaped to Qatar to avoid his

arrest ; and

9. Whereas, during investigation, it was established that the accused

persons namely (1) Tariq Ahmad Mir, (2) Sameer Bhai @ Usman Bhai,

(3) Imran Bhai @ Taib Waleed, (4) Abu Bakr @ Maviya @ Mooman, (5)

Shamsher, (6) Baniya @ Ayoubi R/o Pakistan and (7) Ali Bhai @ Abu

Ukasha @ Hyder Ali werre members of JeM terrorist outfit and accused

persons namely (8) Mohammad Abdullah Wani, (9) HilalAhmad Ganie, (10)

Khalid Kawsar, (11) Rameez Ahmad Rather, (12) Badshah Abdullah and

(13) Muneeb Ahmad Sofi, under well knit conspiracy, were committing

unlawful activity by working as over ground worker (OGWs) for the above

terrorists and were providing shelter/logistic support to them. The accused

persons (08 to 12) above were voluntarily harboring the terrorists and were

providing information about the movement of security forces to the terrorists,

besides were facilitating their movement from one place to another ; and 4 The J&K Official Gazette, 2nd Aug., 2021/11th Srav., 1943. [No. 18-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 10. Whereas, accused terrorists namely Tariq Ahmad Mir and Ali

Bhai have been killed in the encounters against whom proceedings would

abate ; and

11. Whereas, on the basis of investigation, statement of witnesses

recorded and other evidence collected, the Investigating Officer has

established prima facie involvement of below mentioned accused persons

for the commission of offences punishable under sections as shown against

each of Unlawful Activities (Prevention) Act, 1967 :—

S. Name of accused Offence

No.

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

1. Mohammad Abdullah Wani S/o Mohammad 13, 18, 19, 39

Ambir Wani R/o Hilmiter, Akhal UAP Act.

2. Sameer Bhai @ Usman Bhai R/o Punjab, 13, 18, 20

Pakistan. ULA(P).

3. Imran Bhai @ Taib Waleed R/o Punjab,

Pakistan.

4. Abu Bakr @ Maviya @ Mooman R/o Pakistan.

5. Shamsher R/o Pakistan.

6. Baniya @ Ayoubi R/o Pakistan.

7. Hilal Ahmad Ganie S/o Wazir Ahmad Ganie 13, 18, 19, 39

R/o Malwan. ULA(P).

8. Khalid Kawsar Bin Hameed S/o Hameedullah

Sofi R/o Zangalpora.

9. Rameez Ahmad Rather S/o Ghulam Mohiudin

Rather R/o Kanelwan, Bijbehara.

10. Muneeb Ahmad Sofi S/o Bilal Ahmad Sofi 13, 39 ULA(P).

R/o Kanelwan, Bejbehara.

11. Badshah Abdullah Wani S/o Mohammad 13, 18, 19, 39

Abdullah Wani R/o Hilmitar, Akhal. ULA(P).

12. Whereas, accused terrorists Sameer Bhai, Imran Bhai, Abu Bakr,

Shamsheer and Baniya are absconding, against them proceedings, under

sections 299 Cr. PC. have been proposed to be initiated ; and No. 18-g] The J&K Official Gazette, 2nd Aug., 2021/11th Srav., 1943. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

13. Whereas, the Authority appointd by the Government under

sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act,

1967, has independently examined the case diary file and all the other relevent

documents relating to the case and has come to the conclusion that

prima facie case is made out against the above accused persons ; and

14. Whereas, after perusing the Case Diary File, the relevent

documents and also taking into consideration the views of the Authority

apppointed under sub-section (2) of section 45 of the Unlawful Activities

(Prevention) Act, 1967, the Government is of the view that there is sufficient

material and evidence available against the accused persons for their

prosecution under the provisions of Unlawful Activities (Prevention) Act,

1967.

Now, therefore, in exercise of powers conferred by sub-section 2 of

section 45 ULA(P) Act, 1967, the Government hereby accord sanction for

launching prosecution against the above mentioned accused persons for the

commission of offences punishable under sections 13, 18, 19, 20 and 39 of

Unlawful Activities (Prevention) Act, 1967, in the case FIR No. 58/2020 of

Police Station, Devsar.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government,

Home Department.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., the 5th Aug., 2021/14th Srav., 1943. [ No. 19-a –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—LABOUR AND EMPLOYMENT

DEPARTMENT

Notification

Srinagar, the 5th of August, 2021.

SO-264.—Whereas, Shri Abdul Ahad Sheikh (Claimant) has filed an

application dated 18-11-2019 before the conciliation officer against the management of M/s General Manager, Ellaquai Dehati Bank, Wazir Bagh, Srinagar, stating that he has remained under their employment from 1st May, 2004 on monthly wages ; and

Whereas, on 15th of April, 2019, the Management, terminated the

applicant from services without giving any notice ; and 2 The J&K Official Gazette, 5th Aug., 2021/14th Srav., 1943. [No. 19-a ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Whereas, the Management has filed their objections and have challenged the present claim of applicant on the pretext that, he was not working in their office ; and

Whereas, the conciliaton officer has submitted his failure report recommending the case for its reference to the Labour Court for adjudication ; and

Whereas, the Government is of the opinion that an industrial dispute exists between General Manager, Elaquai Dehati Bank, Wazir Bagh, Srinagar and the applicant ; and

Whereas, the Government considers its desirable to refer the said

dispute to the Labour Court/Tribunal for adjudication.

Now, therefore, in exercise of the powers conferred under clause (c) of sub-section (1) of section 10 of the Industrial Dispute Act, 1947 (XIV of 1947), the Government hereby refers the said dispute to the :Labour Court/Tribunal for adjudication on the following issues :—

Whether the applicant was employee of Elaquai Dehati Bank, Wazir

Bagh, Srinagar, if yes,—

(a) Whether his termination is illegal ; and

(b) What are the benefits, he is entitled to from the Management of

Ellaquai Dehati Bank, Wazir Bagh, Srinagar.

By order of the Government of Jammu and Kashmir.

(Sd.) SARITA CHAUHAN, IAS,

Commissioner/Secretary to the Government, Labour and Employment Department.

No. 9-c] The J&K Official Gazette, 31st May, 2021/10th Jyai., 1943. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Wed., the 31st March, 2021/10th Chai., 1943. [No. 52-g –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

______

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—FINANCE DEPARTMENT

Notification

Jammu, the 31st March, 2021.

SO-114.—The Excise Policy, 2021-22 enunciated as hereunder will come into force on 1st April, 2021 and will continue to remain in force till 31st March, 2022. However, the Government of Jammu and Kashmir may revise the same at any point during the course of the year.

1. Policy Objectives :

1.1. To bring about greater social consciousness about the harmful

effects of consumption of liquor and alcoholic beverages ;

2 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 1.2. To encourage transition from high to low alcoholic content

beverages ;

1.3. To rationalize the number of taxes/duties and other levies to

optimize revenues for common good.

1.4. To check bootlegging/smuggling of liquor in the Union Territory

of Jammu and Kashmir from neighbouring States/Union

Territories ;

1.5. To provide choice of brands and places for consumption to its

consumers and a level playing field to all the stake holders.

2. Types of Licenses and issuance thereof :

2.1 The Licenses shall be issued as per the provisions of J&K Excise

Act, 1958 and the rules framed thereunder—

Type Form Nature

—————————————————————————————

1 2 3

—————————————————————————————

Type A JKEL-l Wholesale vend of Foreign liquor, imported

Liquor and Wine to the trade only.

JKEL-1A Wholesale vend of Foreign liquor to the

manufacturer outside the State for sale to

JKEL-l.

JKEL-1B Trade (Wholesale BIO/imported foreign

liquor).

JKEL-1W Trade (Wholesale wine-Indian BIO).

Type B JKEL-3 Retail vend of foreign liquor in hotel.

JKEL-3A Bar with hotel with Banquet.

JKEL-4 Retail vend of foreign liquor in a bar attached

to a restaurant or cinema or theatre or Dak

Bungalow.

No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

1 2 3

—————————————————————————————

JKEL-4C Bar in a Banquet Hall.

JKEL-7 License for the retail vend of foreign liquor

at a club.

JKEL-7A License for the retail vend of beer (bottled,

tinned, draught beer in bar).

JKEL-7B Officers' Mess.

JKEL-7D Beer Bar with Microbrewery.

Type C JKEL-2 Retail vend of foreign liquor to the public only.

Type D JKEL-5 Wholesale and retail vend of foreign liquor

in military canteen including unit run military

canteen or those run regimentally by the

paramilitary forces.

JKEL-5A Master Canteen for (PMF/Police).

W-2 CSD Bond.

Type E JKEL-12 Wholesale denatured spirit, wholesale and/

or retail/possession and use of denatured

spirit/special denatured spirit/methylated spirit

or any other spirit/alcohol as per the

requirement as the Excise Commissioner may

deem fit.

JKEL-13 License for Possession and use of absolute

Alcohol/Rectified Spirit/Denatured Spirit/

Special Denatured Spirit/Methylated Spirit/

Plain Spirit or any other spirit/Alcohol as per

the requirement of Industrial unit as the

Excise Commissioner may deem fit.

JKEL-14 License for Possession and use of absolute

Alcohol/Rectified Spirit/Denatured Spirit/ 4 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

1 2 3

————————————————————————————— Special Denatured Spirit/Methylated Spirit/

Plain Spirit or any other spirit/Alcohol as per

the requirement of the Institution/organisation

as the Excise Commissioner may deem fit.

JKEL-15 Export, import, transportation, sale or

possession of Molasses.

Type F JKEL-6 Bottling Plants.

D-2 Distilleries.

B-1 Breweries.

Notes :—1. In addition to these, the Department shall continue to issue

permissions to serve liquor on social occasions at private

places, banquet halls, party halls and restaurants etc. on

payment of fee prescribed in para 12.

2. Permissible quantity of possession/use of alcohol/spirit in

respect of JKEL-12, JKEL-13 and JKEL-14 shall be decided

by the Excise Commissioner on case to case basis.

2.1.1. A licensee holding JKEL-l A license shall be allowed to import

liquor from any of its own distilleries or the distilleries located

outside J&K with which it has a valid agreement to produce

or bottle liquor on its behalf after paying a fee of Rs. 5.00 lac

for each source.

2.2. Retail trade except JKEL-2 :

2.2.1. The licenses for operating liquor vends shall be granted strictly

in-accordance with the provisions of the 'J&K Excise Act,

Svt. 1958' and rules framed thereunder.

2.2.2. The Excise Commissioner shall grant new licenses for retail

sale of liquor on the premises viz. Type B as per the provisions

of 'J&K Excise Act, Svt. 1958', and 'J&K Liquor License No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

and Sale Rules, 1984' at the locations as he/she may deem fit

keeping in view the revenue potential on account of tourism

activity or in general to provide a legitimate place to the

consumers to curb the illegitimate consumption of liquor at

unauthorized premises in the area.

2.2.3. A non-refundable processing fee of Rs. fifty thousand shall

be charged for processing requests for grant of Type A

and B licenses.

2.2.4. The department shall continue to issue Type D and Type E

licenses as per the existing procedure.

2.3. Micro-brewery (JKEL-7D) :

To encourage transition from high to low alcohol content

beverages, the department shall issue Micro-brewery

Licenses at the locations permitted by the Excise

Commissioner.

2.4. Type-C licenses (JKEL-2) :

2.4.1. Retail vends shall be allotted in the form of individual units for

the year 2021-22 on locations at Annexure "A" to this Policy.

The Excise Department shall grant licenses for off-premises

retail sale of liquor (JKEL-2), through e-auction. The

department shall initially allot the number of vends as already

allotted/operated in the said areas to domiciles of the UT of

J&K. The list of all locations is annexed to this policy

2.4.2. MODE OF ALLOTMENT :

The allotment of vends shall be made bye-auction portal i. e.,

https ://jkexcisedept.auctiontiger.net in a completely secure

and transparent manner. The detailed procedure for e-Auction/

bidding instructions to the bidders shall be available on the

e-auction portal and the official website of the Department

i. e. www.jkexcise.nic.in.

6 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

2.4.3. ELIGIBILITY CRITERIA :

The Bidder should not be below the age of 21 years and be a

domicile of UT of Jammu and Kashmir. He/she should be

solvent up to 100 per cent of the bid value and should not

have been convicted/charge-sheeted for any offence under

the J&K Excise Act or facing a trial in any Criminal Court

for any non-bailable offence or has criminal antecedents. He

should not be defaulter of the Excise Department. The bidder

must also satisfy the eligibility criteria specified in the J&K

Liquor License and Sale Rules, 1984.

2.4.4. NUMBER OF LOCATIONS THAT CAN BE BID FOR :

A bidder shall have to pay EMD/Bid Fee separately for each

bid. However, to obviate the possibility of cartelization and

monopolistic practices, only one location shall be allotted to a

bidder for which bid is the highest.

2.4.5. PARTICIPATION/REGISTRATION FEE :

Non-refundable/non-adjustable Participation/Registration Fee

of Rs. Twenty-five thousand to be paid online through portal

as per the link provided. In case of non-participation, the

registration fee shall stand forfeited.

2.4.6. EARNEST MONEY DEPOSIT :

Earnest Money shall be Rs. 5.00 Lac for each vend.

2.4.7. RESERVE PRICE FOR EACH VEND :

The minimum reserve price to bid for each vend shall be

Rs. 5 lacs.

2.4.8. SUITABILITY OF LOCATION FOR VEND TO BE

ENSURED BY THE BIDDER :

The successful bidder shall make his own arrangement for

shop/premises in the specified area (owned/leased/rented).

The bidder shall ensure that the premises selected/identified No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

by him meet the requirements of the Excise Act and rules

made thereunder, including directions, if any, issued by the

Court of competent jurisdiction in this regard. The bidder shall

also seek clearance of the identified/selected premises/shop

from the District Magistrate concerned.

2.4.9. PAYMENT OF BID AMOUNT :

The successful bidder will be required to deposit an amount

equal to 50% of total bid amount under major head 0039

through GRAS/e-collect portal within two days from the date

of finalization of bid for a vend and 100% of bid value within

seven days of finalization of bid.

If the successful bidder fails to comply with the aforesaid

condition of payment of bid money in the prescribed period,

the earnest money shall stand forfeited. In such a case, the

liability of the highest bidder will not be limited only to the

extent of earnest money tendered by him in the auction

process for a particular location, but any other location in

which he is a stakeholder shall also be cancelled and the

respective deposits made in the form of earnest money or

security for such other bids also shall be forfeited and he will

not be allowed to participate as a stakeholder in any of future

allotments.

2.4.10. REGARDING MINIMUM GUARANTEED REVENUE :

Every Licensee will have to deposit the Minimum Guaranteed

Revenue (MGR) on account of applicable Excise Duty/Fee ;

as shown against each area as per procedure prescribed.

MGRs shall be divided into twelve equal installments to be

deposited on 1st of every month compulsorily by the licensee.

The MGR deposited at the beginning of month shall be

adjusted against the actual amount of duties accruing on the

stock of liquor lifted by the retailer. Any Duty/Fee over and

above MGR shall also be remitted in advance before lifting

the liquor from wholesaler. MGR shall be divided equally

among the number of successful bidders for an area. Failure

to deposit the 1st installment of MGR on due date shall 8 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

automatically lead to cancellation of successful bidder. Every

licensee shall have to lift Minimum Guaranteed Quota (MGQ)

of JK Special Desi Whisky as shown against each vend. The

revenue deposited against the MGQ of JK Special Desi

Whisky will be considered part of the MGR.

In case of failure to deposit the subsequent installments of

MGR of the month on due date, the ETO concerned shall

close the vend without any notice under an intimation to the

DEC (Executive) and the Excise Commissioner and the same

shall be opened only after payment of installment provided it

is deposited within seven days. In case the installment is not

deposited within seven days, the license shall be deemed to

have been cancelled, his EMD shall be forfeited.

For any other exigency related to non operation of an allotted

vend, the Excise Commissioner shall take appropriate steps

as he may deem fit in the interest of Government revenue

and regulation of trade.

2.4.11. CLOSURE OF VEND ON ACCOUNT OF OBJECTIONS

FROM LOCAL PEOPLE, COURT ORDERS ETC. :

In case the vend is not allowed to operate on account of

Court orders, objections by local people, public institutions or

any other reason beyond the control of the licensee, he shall

be allowed to arrange an alternate premises in the same area

by the Excise Commissioner within a period of 30 days subject

to condition that complete duties/fee on account of Minimum

Guaranteed Quota are paid for the time granted, within 03

days of such closure. In case he fails to do so, the license

shall be deemed to be cancelled from the date of closure of

the business, and no compensation, refund or any claim

whatsoever including that of the EMD/MGR of the month/

License fee/duties/fee etc., shall lie against the Government

on account of such closure.

In case any location could not be auctioned/allotted, same

shall be put to auction again.

No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

2.4.12. PROVISION FOR OPENING LIQUOR VENDS AT

TOURIST PLACES :

The department shall offer/facilitate setting up of liquor vends

having high revenue potential in tourist locations in the

Government owned/maintained Tourist facilities of JKTDC/

Tourism Department/Tourism Development Authorities/JK

Cable Car corporation wherever possible.

2.4.13. VERIFICATION BEFORE OPENING OF VENDS :

Verification of particulars/documents furnished by the

successful bidder shall be made by the Committee/Officer

authorized by the Excise Commissioner. The successful bidder

shall be obliged to extend full cooperation in the verification

process.

2.4.14. COMMITTEE TO SUPERVISE THE ALLOTMENT

PROCESS :

The process of allotment and operationalization of vends shall

be supervised by a high level Committee constituted by the

Government.

3. Grant of license to Manufacturing/Bottling plant :

3.1. The existing Policy for issuance of licenses for Distilleries,

Breweries and Bottling Plants in the State as laid down vide

Government Order No. 99-F of 2003 dated 07-04-2003, read

with Government Order No. 156-F of 2003 dated 22-07-2003,

shall continue.

3.2. A non-refundable processing fee of Rs. 1.00 lac shall be

charged for processing applications for setting up Distilleries,

Breweries and Bottling Plants.

3.3. At the time of grant of LoI, a sum of Rs. 25 lacs shall be

charged. Validity period of LoI shall be three years which

shall be extendable for another period of three years subject

to further payment of Rs. 3 lacs.

10 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 4. Fixation of Maximum Retail Price :

4.1. The Maximum Retail Price (MRP) of all types of Liquor

including JK Special Whisky and Beer shall continue to be

notified by the Excise Commissioner for the year 2021-22 on

the recommendations of the Price Fixation Committee after

factoring in all the applicable duties/fees on the EDP/EBP.

An affidavit shall be submitted by the manufacturer declaring

that the EDP/EBP offered is not higher than that of the

neighboring States/UTs. Any increase in EDP/EBP over the

previous year should be fully justified. However no increase

in EDP/EBP shall be allowed for Imported Liquor/Beer/Wine/

RTD etc. No separate administrative/handling/freight cost shall

be considered for fixation of MRP.

4.2. The following formats shall be used for calculation of MRP.

A. For brands manufactured outside J&K :

EDP/ Exc- Imp- Ass- Ex- Profit Addit- Ex Profit Addit- MRP Addit MRP Round-

EBP ise port ess- JKEL- margin itional whole mar- itional retail- itional on ing fee

includ- Duty duty ment 1 A t o Lic. fee+ sale gin to Lic fee+ er assess- bottle (if any)

i ng duty+ price JKEL-I assess- price JKE assess- ment

duties/ Addit- (land- on land- ment JKE- L-2 ment Duty

expen- ional i ng ing cost duty of L-1 on Ex- duty of on

ses of Licen- cost JKE- JKE JKE- MRP

Export- se fee of JK- L-1 L-1 L-2 (retail-

i ng EL-I) price er)

States/

UTs

(i. e.

for

Type-A)

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

1 2 3 4 5 6 7 8 9 10 11 12 13 14

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

(=1+ (5+6+ (8+9+ (11+

2+3+ 7) 10) 12)

4) No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 11 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

B. For brands manufactured outside J&K :

EDP/ Bottling Excise Land- Profit Addit- Ex Profit Addit- MRP Addit- MRP Round-

EBP Fee and Duty i ng Margin ional whole- margin ional (retail- ional on ing fee

Franc- cost to t o Lic. sale t o Lic. fee+ er Assess- bottle (if any)

hisee JKEL-1 JKEL-1 fee+ price JKEL-2 Assess- ment

fee on land- Assess- JKEL- Ex- ment Duty

ing cost ment 1 JKEL-1 Duty on MRP

Duty of price of (retailer)

JKEL-1 JKEL-2

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

1 2 3 4 5 6 7 8 9 10 11 12 13

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

(=1+ (4+5+ (7+8+ (10+

2+3) 6) 9) 11)

Differential amount if any, on account of rounding-off/fixation of MRP

shall be recoverable as rounding fee.

4.3 Profit margins of wholesale and retail Licensees shall be as

detailed below on their purchase price (landing cost) :—

Type IFL/IMFL JKSW Beer/Wine/RTD

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

Type A 4% of landing 4% of landing 4% of landing

(JKEL-1) cost cost cost

Type C 10% on Ex- 10% on Ex- 10% on Ex-

(JKEL-2) JKEL-1 price JKEL-1 price JKEL-1 price

4.4 All the duties applicable to Type-A licensees shall be remitted

before dispatch of material from the premises. All the duties

applicable to Type B Licenses except additional assessment

duty shall be remitted in advance before lifting material from

JKEL-l. In case any manufacturer/wholesaler fails/refuses

to provide/supply the Liquor to Type Al Type B & Type C, as

the case may be, without any reasonable grounds within three

working days of receipt of requisition and payment, he shall

be liable to pay fine of Rs. 0.15 Lac for each requisition for

each day of delay. In case Liquor is not provided/supplied 12 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

beyond a period of next three days, the license of the defaulting

licensee shall be liable to suspension/cancellation.

4.5 For purpose of classification, the brands shall be classified on

the following parameters :—

S. No. EDP/Case (in Rs.) Segment

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

1. Up to 600 Low cost

2. 601 up to 800 Economy

3. 801 up to 1100 Medium

4. 1101 up to 2500 Premium

5. >2500 Deluxe/Super Deluxe

5. All liquors to be ENA based :

IMFL manufactured locally or imported from outside the State

(other than Foreign Liquor Bottled-in-Origin (BIO), Bottled

in India or Malt Whisky) shall be Extra Neutral Alcohol

Bottled-in-Origin (BIO), Bottled in India or Malt Whisky) shall

be Extra Neutral Alcohol (ENA) based only. The use of

rectified spirit as a base in manufacture/ sale of liquor for

consumption in civil market and CSD/PMF shall remain

banned.

6. Restriction on import of brands to protect the Local Industry :

To protect the Local Industry, there shall be a ban on import

of IMFL brands having MRP up to Rs. 600/- per bottle into

the union territory of J&K.

Franchisee fee of Rs. 18 per LPL shall be levied on Franchise

Brands (IMFL) up to Economy segment, manufactured in

J&K, which shall be payable at the time of issuance of permit.

However, same shall not be applicable for exports outside

J&K and for CSD/PMF supplies.

No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 13 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

7. Affixation of Security Hologram on IMFL, JK Special Whisky,

Beer and Ready-to-Drink (RTD) Beverages :

In order to check Excise duty evasion, the manufacturers of

IMFL, JK Special Whisky, Beer and RTD as well as importers

of IMFL/Wine/Beer etc. shall continue to affix Security

Hologram as approved by the Excise Department till online

tracking system is adopted by the Department.

8. Revalidation of permits :

The permit issuing authority after charging revalidation/

cancellation fee of Rs. 10,000/-, may revalidate/cancel a

permit which remains unexecuted or becomes time barred

provided that the revalidation shall be permissible only once

within a period of three months from the date of issue.

9. Renewal of licenses :

For the purpose of renewal of Licenses for trade in liquor except

JKEI-2 licenses, if permissible in Law, the conditions applicable for

grant of a new license shall also be applicable in accordance with the

normative practices.

10. Approval of Labels :

10.1. As provided under section 16-A of the J&K Excise Act,

Samvat 1958, labels for different brands of liquor for civil/

CSD/PMF for the financial year 2021-22 shall be approved

by the Excise Commissioner subject to payment of Label fee

at the rate of Rs. 50,000/- per label, to be charged at the time

of applying for brand classification/submission of EDP/EBP.

10.2. Labels in respect of brands which are not sold in the Union

Territory of J&K and meant for export only shall be approved

after charging Label fee of Rs. 50,000/without mentioning

MRP.

10.3. For BIO liquor and for all type of Wine/Cider/RTD, label

approval fee shall be Rs. 10,000/- for each brand.

14 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 10.4 The Department shall also explore and look into possibility of

introducing other variants of liquor like Rum, Gin, Brandy

etc. under JK Special Brands.

11. Packing material :

Liquor shall not be sold in plastic bottles being against the

environment protection laws. All kinds of liquor will be sold in

glass bottles/PET bottles and tin cans only. To ensure quality

of PET bottles manufacturer shall comply with FSSAI

standards. In addition to the packing sizes/liquor strength

presently in vogue, the Excise Commissioner may allow Excise

Bottle of any packing size and liquor of any strength as he/

she may deem fit.

12. License fee (per annum) :

Form of Amount

License

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

Type A 1. For JKEL IA: Rs. 3.00 Lac

2. For lB/1 W : Rs. 1.50 Lac

3. For JKEL1: Rs. 2.00 Lac Up to 35,000 cases

(Cumulative) of IMFL/JK Special Whisky/Wine/

RTD/Cider/Beer.

In addition to above, a license fee of Rs. 12/- per

case of IMFL/JK Special Whisky/Wine and Rs. 3

case in case of Beer/RTD/Cider shall be charged

for sale exceeding 35,000 No. of cases.

Case means :— 9BL In case of IMFL/IFL/JK

Special/Wine and 7.8 BL in case

of Beer/RTD/Cider.

Type B JKEL-3 : Rs. 2.5 lacs

JKEL-3A : Rs. 4.0 lacs

No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 15 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

JKEL-7A/7D : For Beer Bar/Microbrewery -

Rs. 1.0 lacs

JKEL-4 : Rs. 1.5 lacs

Others : Rs. 0.5 Lacs.

-However, a onetime upfront fee of Rs. 7.00 lac for

new JKEL-3/- JKEL-3A and Rs. 5 lac for JKEL-4

over and above the annual fee shall be levied.

For new startups, established by availing loan under

any of the Self Employment Schemes of the

Government, upfront fee shall be Rs. 3.0 lacs.

For new beer bars (JKEL-7A/7D) and JKEL-4C

(Bar with Banquet Hall) upfront fee shall be Rs. 2.0

Lacs over and above annual fee.

To promote tourism, new Bars to be opened at tourist

places and areas falling under various Tourism

Development Authorities shall pay Rs. two lakh as

onetime upfront fee and annual fixed license fee shall

be charged @ 50% only.

Type C As per bid received in e-Auction.

(JKEL-2)

Type D Rs. 0.20 lac per annum

Rs. 1.50 lac per annum in case of Master Canteen

Rs. 4.00 lac per annum in case of CSD Bond

Type E Rs. 0.12 Lac per annum.

Type F Rs. 8,00,000/- up to bottling of 10 Lakhs BL and

Rs. 12,00,000/- for bottling more than 10 lakh BL.

Miscellance- Rs 0.10 lac per occasion at banquets.

ous/Events/ Rs. 0.05 lac per occasion for restaurants.

Occasions Rs. 0.02 per occasion at private places.

16 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

Rs. 0.10 for new year eve party.

Rs. 1.00 Lac for annual permit for commercial

property meant for Tourist accommodation located in water bodies in Tourist areas for serving liquor,

subject to storage of maximum of 24 Bottles of

IMFL and 24 Bottles of Beer.

13. Additional License fee :

Form of License Amount

–––––––––––––––––––––––––––––––––––––––––––––––––– Type A/B/C Rs. l0/bottle for IMFL (750 ml), Rs. 6/bottle

(750 ml) of JK Special Whisky and Rs. 5/BL for

Beer/Wine/RTD/Cider.

14. Excise Duty-CIVIL :

Kind            Brand             Amount
––––––––––––––––––––––––––––––––––––––––––––––––––
IMFL            Super  Deluxe/DeluxeRs. 260.00/LPL
IMFL            Premium/Medium    Rs. 260.00/LPL
IMFL            Economy           Rs. 230.00/LPL
IMFL            Low Cost          Rs. 210.00/LPL
IMFL            JK Special Whisky Rs. 225.00/LPL
Wine            All Brands        Rs. 110.00/BL

Beer/Cider/RTD All Brands Rs. 30.00/BL

beverages

Note :—LPL stands for London Proof Litre and BL stands for

Bulk Litre.

15. Excise duty on Molasses/Rectified spirit :

Type

Rate

––––––––––––––––––––––––––––––––––––––––––––––––– Molasses Rs. 20 per quintal

Rectified spirit/absolute alcohol/Extra neutral Rs. 10/litre

alcohol (excluding Denatured Alcohol/Spirit)

for use other than in manufacturing of Liquor.

No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 17 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

16. Import Duty-CIVIL :

Kind

Amount

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

IMFL including foreign liquor Rs. 45/750 ml

Beer

Rs. 40/BL

Wine, Cider, RTD Beverages Rs. 20/BL

ENA/Malt Spirits for manufacture of Liquor Rs. 03/BL

17. Bottling Fee :

Kind Amount

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

IMFL For all brands meant for local sales.

1. Own brands Rs. 10.00/750 ml.

2. Franchisee brands up to Economy segment Rs. 10.00/

750 ml.

3. Franchisee brands above Economy segment Rs. 12.00/

750 ml.

JKSW Rs. 08.00/750 ml meant for all local sales.

Beer Rs. 10.00/BL for own brands and Rs. 12.00/BL for

franchisee brands meant for all local sales.

Wine/ Rs. 10.00/BL

Cider/

RTD

Beverages

Debonding Fee @ Rs. 3/BL shall be levied on spirits where

bottling fee is not levied .

Bottling/Debonding Fee shall be payable on the last day of

the month.

There shall be no bottling fee on the liquor/Beer meant for

export purpose.

18 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 18. Export Duty :

Kind Amount

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

IMFL Rs. 2.00 per 750 ml.

Beer Rs. 0.50 per BL.

19. Tax and Duties on CSD/PMF etc. :

Excise Duty and Import Duty on CSD/PMF shall be 25%

less than that on Civil for all types of liquor.

20. Assessment Duty (Civil) :

A. Type "B" and Type "C" licensees

Kind

Amount

–––––––––––––––––––––––––––––––––––––––––––––––––– Rs. 45 per 750 ml

IMFL

JK Special Whisky Rs. 20 per 750 ml

Beer/ Wine/ Cider/ RTD Beverages Rs. 20 per BL

B. Type "A" Licensee

Type of Liquor Assessment Duty –––––––––––––––––––––––––––––––––––––––––––––––––– IMFL/IFL/JK Special Rs. 5.00 per bottle of 750 ml.

Beer/Wine/RTD/Cider etc. Rs. 5.00 per bottle of 650 ml.

21. Additional Assessment Duty (AAD) :

A. License Type B, C (JKEL-2) and Type 'D'

Kind Amount

–––––––––––––––––––––––––––––––––––––––––––––––––– IMFL including foreign liquor/ 40% of MRP.

JK Special Whisky/ Illustration :

Beer (all types including For MRP of Rs 500/-, imported beer) AAD shall be calculated as under :

(500 X 40)/ (100 + 40) No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 19 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Provided that for BIO liquor and for all Wine/Cider/RTD,

additional assessment duty shall continue to be charged @

20% :

Provided further that—

a. In case of CSD, the additional assessment duty shall be

charged at the time of sale to URCs, at ex-depot price

duly certified by Regional Manager, CSD and it shall not

be charged at the level of URCs.

b. The additional assessment duty paid by CSD from

September, 2017 to August 2020 shall also be at the

ex-depot price.

c. In case of PMFs, the additional assessment duty shall be

charged @ 40% of listed rates duly certified by the

Inspector General or equivalent rank officer.

d. The AAD of CSD/PMF shall be calculated as per

Formula given at Para 21-A.

22. Draught Beer :

Assessment Duty on Draught Beer supplied directly from

the Brewery to the bars in kegs shall be levied at Breweries

@ Rs. l0.00 per BL. In case of import, assessment duty shall

be levied at JKEL-1A/JKEL-lB as the case may be.

Draught Beer in Kegs shall also be allowed to be served in

parties/gatherings/social occasions for which a permit shall

be issued by the competent Authority on payment of all the

duties applicable to Type B license, in advance at the time of

applying for permit.

23. Import of Liquor :

Up to two bottles of imported 'Duty Free' liquor accompanied

with proper invoice shall be allowed to be carried into J&K

by any bona fide person.

20 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 24. Online services and inventory management system :

In order to promote Ease of Doing Business, each Licensee

shall be required to procure and install and make necessary

provision for IT and non IT infrastructure at his licensed

premises as may be required for successful implementation

of online services for registration, permits, payment of taxes

and duties and inventory management system for production,

import, trade/sale of liquor.

25. Failure to deposit the dues :

Non-payment of duties on the due date shall lead to suspension

of sale by the concerned Range ETO. Besides, the licensee

shall also be liable to pay 2% penalties/month as provided in

the J&K Excise Act, from the date next following the day on

which any payment recoverable from him becomes due to

the Government until the date on which such payment is

actually made or recovered whatever may be the reason of

lapse of time.

26. Social Responsibility Corpus Fund :

The long Term objective of the Government is to discourage

the consumption of liquor primarily through educating the

masses regarding harmful effects of consumption of liquor.

Towards this end, the department shall spend money on

educating people through activities like awareness campaigns,

engagement with local youth and communities through sports/

cultural and other co-curricular activities and drug de-addiction

programs. Accordingly, the Department will exhort its

stakeholders, in particular liquor license holders in Type A, B,

C & F Licenses to contribute a minimum amount as detailed

below towards the Corpus Fund established by the Department

to be collected on quarterly basis :—

Type A Rs. 1500 per month

Type B Rs. 1000 per month

No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Type C (JKEL-2) Rs. 2500 per month

Type F Rs. 3000 per month

The amount shall be deposited on monthly basis and the

Department itself will contribute a matching amount and the

Corpus so created shall be utilized for the following

philanthropic activities :—

(a) Imparting awareness to the public about the ill-effects

and hazards of drug addiction/liquor abuse and drunken

driving through organizing various events/programmers

and using various modes of publicity.

(b) Providing Ambulance service, equipment, amenities and

other healthcare facilities to Hospitals.

(c) Organizing youth outreach programmers including sports/

cultural/adventure and other activities.

(d) Rehabilitation of families involved in illicit liquor trade by

enabling them to take up alternate means of livelihood

and their skill development.

(e) Crea tion of sports infrastructure/Gymnasiums/

multipurpose halls/community halls/libraries/open air

gymnasiums in Parks and other public places/providing

support to sports clubs/teams to encourage sports/rural

sports for encouraging the community in general and

youth in particular towards positive activities.

27. Typographical error(s) and inconsistencies in this document, if any

shall be clarified by Excise Department/Excise Commissioner in

consonance with the Act and Rules. Further, in case of any difficulty

arising in giving effect to the provisions of this Policy, the Department

with the approval of competent Authority may by order make such

provisions including any adaptations/modifications of provisions of this

Policy.

22 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— The procedural provisions of this notification shall come into force

with immediate effect. However, the rates of taxes, duties and fees in

this notification shall be effective from 1-04-2021.

This notification will come into effect from 01-04-2021.

By order of the Lieutenant Governor.

(Sd.) DR. ARUN KUMAR MEHTA, lAS,

Financial Commissioner,

Finance Department.

–––––––

No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 23 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

BID DOCUMENT

PROCEDURE FOR ALLOTMENT OF RETAIL SALE VENDS

(JKEL-2 LICENCES) IN UT OF JAMMU AND KASHMIR :

Retail vends shall be allotted in the form of individual units for the

year 2021-22. Each licensed vend will be authorized to sell JK Special

Whisky and Indian Made Foreign Liquor including Imported Foreign Liquor/

Beer/Wine/Cider/R TD under one roof. The bid shall be on the license fee

only. For MRP calculation/Duty Structure/ Profit margin each bidder is

advised to refer J&K Excise policy 2021-22. Each bidder in his own interest

is advised to bid carefully keeping in view the sale potential of his premises

in the area and profit margin as notified in the Excise policy.

MODE OF ALLOTMENT :

The allotment of vends shall be made through e-auction portal through

J&K Bank i. e. https://jkexcisedept.auctiontiger.net in a completely secure

and transparent manner. The detailed procedure for e-Auction/ instructions

to the bidders are available on the e-auction portal and on the official website

of the Department i.e. www.jkexcise.nic.in

LOCATION OF LIQUOR VENDS :

The licenses for retail vends shall be granted at the locations specified

in the Annexure-A to this document.

The Department shall not be responsible for providing space. The

bidder shall arrange suitable premises in consonance with the conditions

given in Para (vi) of this document. No extension in time; or concession in

any fee, duty or any other levy by whatever name called, shall be allowed

on account of failure of the bidder to arrange the premises for making the

license operational from the date of commencement of sale operation as

indicated in this document/decided by the Excise Department.

24 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— I. ENTITIES THAT CAN APPLY FOR LICENSE :

The licenses for retail liquor vends for off-premises consumption shall

be issued only in favour of—

(i) An individual.

(ii) A partnership firm.

(iii) A body incorporated under the Companies Act, 1956

(iv) A society registered under J&K Cooperative Societies Act.

II. NUMBER OF LOCATIONS THAT CAN BE BID FOR :

An individual can apply for any number of locations. The application

fee/EMD shall have to be paid separately for each such bid. However, to

obviate the possibility of cartelization and monopolistic practices, only one

location shall be allotted. The timing of bid for vends within Excise Range

shall be separate. The Districts and Locations within Excise Range shall be

put to auction in Alphabetic Order. In case of Municipal Corporations in

Excise Range, the Bidding shall be held as per numerical order of the ward.

In case a bidder is highest i.e. H-I at the time of closing of bid of one

location, he/she in his/her own interest is advised not to bid for other locations

subsequently. In case he/she bids at other locations after being H-I at a

location where bidding has closed, his/her EMD of all other locations except

the first location where he is highest bidder shall be forfeited.

III. ELIGIBILITY CRITERIA :

The Bidder should—

a. Not be below the age of 21 years on the 1st January of the year in

which the auction is being held.

b. Be a domicile of UT of Jammu and Kashmir.

c. Be solvent up to 100 per cent of the bid value. Solvency certificate

of immovable property in J&K to be issued by the Tehsildar/

competent Authority.

No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 25 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

d. Not have been convicted/chargesheeted for any offence under the

J&K Excise Act or facing a trial in any Criminal Court for any

non-bailable offence or has criminal antecedents.

e. Make his own arrangement for a shop/premises in the specified

area (owned/leased/rented).

f. Be of sound Mental health to conduct the business.

g. Has paid the non-refundable application/registration fee of

Rs. 25,000 and EMD of Rs. 5.00 Lacs.

h. Not be debarred from holding license for the sale of any intoxicant

in J&K, Punjab, Delhi, and Haryana, UT of Chandigarh or Himachal

Pardesh.

IV. DOCUMENTS TO BE SUBMITTED WITH E-BID :

a. Earnest Money Deposit of Rs. Five Lacs shall be deposited on line

through the link provided in the portal.

b. Affidavits duly executed before a Judicial Magistrate affirming

that—

i. The bidder has not been convicted/chargesheeted under the

J&K Excise Act or facing a trial in any Criminal Court for any

non-bailable offence or has any criminal antecedents.

ii. He has in his possession/ has made arrangement for ensuring

availability of premises on ownership/Lease/rent deed duly

registered with the competent registering authority in the area/

location for which bid is offered.

iii. He is submitting only one bid for the given location whether in

his individual capacity or in partnership or as member of

Cooperative Society or Director of Company or its

representative.

iv. Grant of JKEL-2 License to the bidder is not in conflict of

Rule 18 of J&K Liquor License and sale rules.

26 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

v. He is not a defaulter of the Excise Department.

vi. He/she is not debarred from holding license for the sale of any

intoxicant in J&K, Punjab, Delhi, Haryana, UT of Chandigarh

or Himachal Pardesh.

c. Recent passport size Photograph.

d. Age proof (Birth Certificate/Passport/Matriculation certificate/

certificate issued by the Competent Authority).

e. Domicile certificate of Individual/all partners/directors/members

as applicable.

f. Copy of P AN of self/all partners/directors/members as applicable.

g. Copy of Aadhaar Card of self/all partners/directors/members as

applicable.

h. Partnership deed/certificate of incorporation, articles of Association,

DIN No., resolution of BoD as applicable.

i. Be of sound mental health to conduct the business.

V. CONDITIONS FOR PARTICIPATION IN E-AUCTION :

The bidders shall ensure that they fulfill all the eligibility criteria as

laid herein and as per the J&K Excise Act and rules made there-

under before participating in the bidding process. No verification of

the disclosures shall be carried out by the Excise Department at the

bidding stage. Upon conclusion of the process, if the successful bidder

is found to be not fulfilling any of the eligibility criteria or fails to fulfill

any condition subsequent to the bidding process, or does not fulfill the

requirements mentioned in this tender document or refuses to accept

the offer at quoted bid, the EMD shall be forfeited, and no claim

whatsoever shall lie against the Excise Department, Govt. of J&K on

this account.

No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 27 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

VI. SUITABILITY OF LOCATION TO BE ENSURED BY THE

BIDDER :

The successful bidder shall make his own arrangement for shop/

premises in the specified area (owned/leased/rented). The bidder shall

ensure conformity of his premises to the requirements of the Excise

Act and rules and directions issued by the Court of competent

jurisdiction in this regard, if any. The bidder shall also seek clearance

of the identified/selected premises/shops from the District Magistrate

concerned.

VII. PARTICIPATION/REGISTRATION FEE :

Non-refundable/non-adjustable Participation/Registration Fee of

Rs. Twenty five thousand to be paid online. In case of non-participation,

the registration fee shall stand forfeited.

VIII. EARNEST MONEY DEPOSIT AND MINIMUM RESERVE

PRICE :

Earnest Money Deposit of Rs. Five Lakhs shall be paid through on

line mode through the link provided in the portal before participating in

the bidding process. The EMD of unsuccessful bidders shall be returned

by the Department.

The minimum reserve price to bid for each vend shall be Rs. 5 lakhs.

IX. AUCTIONING PROCESS :

Detailed steps of the e-auction process are given in the instructions to

the bidders. Bidders are advised to familiarize themselves with the

same.

X. SUBSEQUENT CONDITIONS TO BE FULFILLED BY THE

SUCCESSFUL BIDDER :

Payment of bid amount—

(i) The bidder will be required to deposit an amount equal to 50%

of total bid amount under major head 0039 through GRAS/ 28 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— e-collect portal within two days from the date of finalization of

bid for a vend and 100% of bid value within seven days of

finalization of bid.

(ii) If the successful bidder fails to comply with the aforesaid

condition of payment of bid money in the prescribed period,

the earnest money shall stand forfeited. In such a case, the

liability of the highest bidder will not be limited only to the extent

of earnest money tendered by him in the auction process for a

particular location, but any other location in which he is a stake

holder shall also be cancelled and the respective deposits made

in the form of earnest money or security for such other bids

also shall be forfeited along with all amounts if any deposited

on account of any fee/duty and he will not be allowed to

participate as a stake holder in any of future allotments.

(iii) Successful bidder shall submit hard copies of all the documents

uploaded by him in the bidding process within two days of

finalization of bid in the Office of the Excise Commissioner at

3rd floor Excise and Taxation Complex at Rail Head Complex

Jammu.

(iv) He shall keep the proposed premises ready for making the

vend operational from.................... of the year of allotment.

(v) He shall facilitate the verification of the documents/location

and any other check that the Excise Department undertakes

before permitting opening of the vend.

(vi) The bid amount shall be for license fee only. Every licensee

will have to deposit the Minimum Guaranteed Revenue (MGR)

on account of applicable Excise Duty/Fee ; as shown against

each area ; as per procedure prescribed. MGRs shall be divided

into twelve equal installments to be deposited on 1st of every

month compulsorily by the licensee. The MGR of the month

deposited at the beginning of month shall be adjusted against

the actual amount of duties accruing on the stock of liquor No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 29 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

lifted by the retailer. Any Duty/Fee over and above MGR of

the month shall also be remitted in advance before lifting the

liquor from wholesaler. Failure to deposit the 1st installment of

MGR on due date shall automatically lead to cancellation of

successful bidder.

(vii) In case of failure to deposit the subsequent installments of

MGR on due date, the ETO concerned shall close the vend

without any notice under an intimation to the DEC (Executive)

and the Excise Commissioner and the same shall be opened

only after payment of installment provided it is deposited within

seven days. In case the installment is not deposited within seven

days, the license shall be deemed to have been cancelled, his

EMD shall be forfeited.

(viii) The earnest money deposit of the successful bidder shall be

released at the end of the term of the license period. The EMD

amount can be adjusted against any outstanding due from the

licensee at the discretion of the department.

(ix) The successful bidder will submit a Solvency Certificate duly

issued by "Tehsildar/Competent Authority" in respect of the

immovable property situated in the UT of J&K, equivalent to

100% of the bid value, within 15 days from the date of

allotment.

XI. PROCEDURE WHERE THE HIGHEST BIDDER FAILS TO

FULFIL THE CONDITIONS SUBSEQUENT :

In case the highest/successful bidder for a particular location fails to

deposit the bid amount within period as specified in x(i), or deposit an

advance Minimum Guaranteed Revenue of the month by 1st of May,

or as the case may be or fails to make available for inspection a

suitable/eligible premises within 15 days from the date of declaration

of result of the bid, or fails to make operational the premises from 1st

of May or as the case may be earnest money paid/duties/fee etc. will

be forfeited and the vend shall be re-auctioned. Further successful 30 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— bidder/licensee shall also have to lift the Minimum Guaranteed Quota of JK Special Desi Whisky and duties/fee paid by him on account of such quota shall also be considered as part of MGR of the month.

XII. PAYMENT OF DUTIES AND LICENSE FEE :

The payment of duties/additional licensee feel/Additional Assessment duty etc. as mentioned in Excise Policy 2021-22 shall be paid by the licensee/successful bidder as per procedure/manner prescribed in the Excise Policy.

XIII. MODIFICATION OF THE BID DOCUMENT :

Government in the Finance Department will be the competent authority for approving any modification in this document. However, the Committee for the supervision of the auction process may clarify any doubt or difficulty that may arise in the interpretation of the terms and conditions.

XIV. SUPERVISION OF THE AUCTION/ALLOTMENT

PROCESS :

The process of allotment shall be supervised by a high level committee to be constituted by the Government under the chairmanship of Administrative Secretary Finance Department.

XV. VERIFICATION BEFORE OPENING OF VENDS :

Verification of particulars/documents furnished by the successful bidder shall be made by the Committee/Officer authorized by the Excise Commissioner. The successful bidder shall be obliged to extend full cooperation in the verification process.

XVI. PUBLICATION OF THE LIST OF SUCCESSFUL BIDDERS :

The list of successful allottees shall be given wide publicity and also be displayed at a conspicuous place in the office of the Excise Commissioner/official website. The bidders in their own interest are

advised to keep in touch with the office of the Excise Commissioner.

XVII. ALL LICENSES TO BE SUBJECT TO THE J&K EXCISE

ACT AND RULES, ETC. :

All licenses shall be granted subject to the provisions of the J&K

Excise Act and the Rules/Orders/Regulations/Instructions/Policies No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 31 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

framed thereunder as applicable to the UT of Jammu and Kashmir

during the period of license.

XVIII. TERM OF LICENSES ISSUED THROUGH THIS PROCESS :

All licenses granted under provisions of Excise Policy, 2021-22 shall

determine on 31st March of the year following the year of allotment

irrespective of their date of allotment.

XIX. CLOSURE OF VEND ON ACCOUNT OF DISTURBANCE

TO PUBLIC PEACE :

In case the vend is not allowed to operate by the competent authority

on account of public resentment leading to law and order situation,

the licensee shall be allowed to arrange an alternate premises in the

same area by the Excise Commissioner within a period of 30 days

subject to condition that MGR for the period granted shall be paid by

the successful bidder/licensee, within 03 days of such closure. In

case he fails to do so, the license shall be deemed to have been

cancelled from the date of closure of the business, and no

compensation, refund or any claim whatsoever including that of the

EMD/License fee/duties/fee etc., shall lie against the Government

on account of such closure.

XX. The Government reserves the right to add/delete/denotify/change

any of the locations/cancel the auction process in respect of all/any

of the locations without specifying any reason at any time prior/

during or after the auction process.

XXI. In case any location could not be auctioned or allotted same shall be

put to auction again.

XXII. JURISDICTION OF COURTS :

All disputes in respect of any issues that may arise from the process

of allotment shall be subject to the jurisdiction of Courts in Jammu

and Kashmir only.

–––––––

32 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Annexure-A

Annexure of Locations

S. Area Ward Number Minimum MGQ of JK

No. of vends Guaranteed Special whisky

Revenue per shop P/A

per shop (in bottles) of

P. A. in Rs. 750 ML

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

1 2 3 4 5 6

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

JAMMU DIVISION

JAMMU SOUTH RANGE (A)

Urban

 1. Jammu  Municipal Ward No. 19        2        23566100          110300
    Corporation     (South  of Tawi)
 2.     do          Ward No. 20         4        12532100          22400
 3.     do          Ward No. 21         3        11320400          36800
 4.     do          Ward No. 23         3        14908300          76000
 5.     do          Satwari  Cantt.     1        18538600          104000
                    Board Area
 6.     do          Ward No. 44         2        11023100          49100
 7.     do          Ward  No. 46        1        20157800          94000
 8.     do          Ward  No. 48        1        14002300          68120
 9.     do          Ward  No. 49        6        24102800          111900
10.     do          Ward No. 51         1        30781900          135800
11.     do          Ward No. 52         1        33717200          94800
12.     do          Ward No. 53         1        23042900          83200

No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 33 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

 1      2          3                 4           5               6
––––––––––––––––––––––––––––––––––––––––––––––––––––––
13.     do         Ward No. 54        4        23081700        60000
14.     do         Ward No. 55        1       25791500         77600
15.     do         Ward No. 56 .      1       44224000         301700
16.     do         Ward No. 58        1       24343600         69000
17.     do         Ward No. 68        1       25619700         124500
18.     do         Ward No. 69        1        31767300        134100
19.     do         Ward No. 73        1       18936500         105200
20. Bishnah  TAC   Ward No. 1         1       16526400         123500
21.     do         Ward No. 4         1       15614600         74900
22.     do         Ward No. 5         1       8854700          61600
23. R S Pura TAC   Ward No. 9         1       16718000         90400
24.    do          Ward No. 10        2       31661500         169700
25. Arnia TAC      Ward  No.1         1       21974400         109800

(Town Area

Committee)

JAMMU SOUTH RANGE (B)

Rural

26. R. S. Pura       Village Kirpind,      1         8694600            73300
                     R.S. Pura
27.   do             Village Badyal        1         11593200           83700
                     Brahmna, R.S. Pura
28.   do             Village Kullian,      1         12641000           77300

R.S. Pura 34 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

 1       2           3                  4            5                6
––––––––––––––––––––––––––––––––––––––––––––––––––––––
29.  R. S. Pura     Simbal-Simbal  Morh  1        18396200          129200
30.     do          Village Salerh (Main 1        16871400          106500
                    Bazar), R. S. Pura
31.    do           Village Baspur       1        11473800          63500
                    Bangla, R. S. Pura
32.    do           Main  Bazar  Miran   1        19802900          95500
                    Sahib, R. S. Pura
33.    do           Village Kotli  Mian  1        14513600          96000
                    Fateh, R. S. Pura
34     do           Village Allah        1        7083800           44900
35. Jammu Rural     Manwal  (Main  Bazar)  1      29236700          202100
36.     do          Village Biaspur, Parlah 1     9110200           52100
                    Suchetgarh
37.     do          Village Chakroi,     1        12600700          68500
                    Suchetgarh
38.     do          Village Dablehr      1        15762100          101400
                    (Main  Bazar),
                    Suchetgarh
39.     do          Phallan  Mandal      1        18949800          127100
40.     do          Near  CRPF  Camp,    1        22306100          139400
                    Chatha
41.     do          Cantonment  Board,   1        16604800          93700

Beli Charana

JAMMU NORTH RANGE

42. Jammu Municipal Ward No. 1 2 16174000 93200

Corporation

(URBAN) No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 35 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

 1      2           3                 4           5             6
––––––––––––––––––––––––––––––––––––––––––––––––––––––
43.      do        Ward No.  3        1        6138400          22200
44.      do        Ware No. 4         2        6981000          21900
45.      do        Ward No. 5         3        6952900          32900
46.      do        Ward No. 7         2        6568700          25885
47.      do        Ward No. 8         2        7736400          34600
48.      do        Ward No. 9         2        15970400         60100
49.      do        Ward No. 10        4        6661400          21300
50.      do        Ward  No.11        1        6973000          25800
51.      do        Ward No. 12        1        11337900         38100
52.      do        Ward No. 13        1        11526900         60900
53.      do        Ward No. 15        5        9730700          25800
54.      do        Ward No. 17        4        10457300         43500
55.      do        Ward No. 18        2        9319200          40800
56.      do        Ward No. 19        9        16361700         68900
57.      do        Ward No. 24        2        9869600          38400
58.      do        Ward No. 26        1        6549800          27500
59.      do        Ward No. 27        1        25656500         90600
60.      do        Ward No. 29        1        18344900         94700
61.      do        Ward No. 30        1        20638800         132200
62.      do        Ward No. 32        2        22473400         129900
63.      do        Ward No. 36        2        15107100         63800

36 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

 1      2           3                  4            5               6
––––––––––––––––––––––––––––––––––––––––––––––––––––––
64. Jammu  Municipal Ward No. 37        1        22989200         109700
   Corporation
   (URBAN)
65.   do            Ward No. 39         2        19328000         108200
66.   do            Ward No. 41         2        21637500         88800
67.   do            Ward No. 61         1        46174700         309600
68.   do            Ward No. 63         2        32656200         141800
69.   do            Ward No. 64         1        15741600         62000
70.   do            Ward No. 66         2        31562300         125000
71. Jourian TAC     Ward No. 6          1        48114700         283400
72. Akhnoor  TAC    Ward No. 9          1        32690200         124500
73.   do            Ward No. 10         3        31504700         142800
74. Jammu Rural     Village Gura Jagr   1        22989500         154800
   Area (NORTH)     Kelewala,  Tehsil
                    Akhnoor
75.   do            Village Pallanwala, 1        29389100         198100
                    Tehsil  Khour
76.   do            Village Pargwal,    1        17057200         118300
                    Tehsil  Khour
77.   do            Village Garota,     1        17848700         101300
                    Tehsil  Bhalwal
78.   do            Village Domana,     1        77763000         564200
                    Tehsil  Jammu  North
79.   do            Village Nagrota,    2        29778600         133700
                    Tehsil  Nagrota
80.   do            Village Khapota,    1        12517400         69500

Tehsil Dansal No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 37 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– EXCISE RANGE, KATHUA

81. Kathua Municipal Ward No. 5 2 23263300 247900

Council

82. do Ward No. 1 1 35794800 339900

83. do Ward No. 21 1 36396500 403100

84. Hiranagar TAC Ward No. 1 1 33697100 288500

85. Basholi TAC Ward No. 7 1 17396200 166800

86. Billawar TAC Ward No. 11 1 24557700 254400

87. Lakhanpur TAC Ward No. 7 1 20607900 177400

88. Kathua District Panchayat Mahan- 1 12325800 127100

Rural Area pur-A, Block

Mahanpur,

Tehsil Mahanpur

89. do Panchayat Mirpur 1 20146700 223800

Ram, Block Nagri,

Tehsil Nagri

90. do Barnoti, Panchayat 1 29787900 317400

Terhara, Block

Barnoti, Tehsil

Kathua

91. do Panchayat Thein, 1 4535600 42300

Block Keerian,

Tehsil Kathua

92. do Main Market Bani, 1 21612100 274500

Panchayat Bani,

Block and Tehsil Bani

93. do Panchayat Plassi, 1 5908600 72600

Block and Tehsil

Basholi

94. do Dayalachak, Panchayat 2 13559200 121800

Pathwal, Block

Hiranagar, Tehsil

Hiranagar 38 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 95. do Panchayat Bann, 1 11440500 137500

Block and Tehsil

Marheen

96. do Panchayat Rajpura, 1 21573600 184600

Block and Tehsl Rajpura

97. do Challan, Panchayat 1 15177500 144100

Galak, Block Gujroo Nagrota, Tehsil Ramkot

98. do Panchayat Mandli, 1 10610600 112100

Block Mandli, Tehsil Billawar

99. do Phinter, Panchayat 1 19415600 178800

Dher, Block and Tehsil Billawar

100. do Gujroo Nagrota, 1 14395800 136000

Panchayat Salore, Block Gujroo Nagrota, Tehsil Ramkot

101. do Panchayat Gurha 1 12786600 148000

Kalyal West, Block Mandli, Tehsil Ramkot

102. do Hat Mashka, 1 5272200 62500

Panchayat Draman, Block Bhoond, Tehsil Basohli

EXCISE RANGE UDHAMPUR-REASI

103. Udhampur      Ward No. 3          1        15048500         42400
     Municipal
     Council
104.  do           Ward No. 4          3        31331900         212300
105.  do           Ward No. 8          1        18507700         118000
106.  do           Ward No. 10         3        20632900         126700

No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 39 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 107. do Ward No. 18 1 31243400 128500

108. do Ward No. 21 1 27954700 137000

109. Chenani TAC Ward No. 1 1 34433800 291900

110. Ramnagar TAC Ward No. 5 1 63643100 452500

111. Reasi TAC Ward No. 4 4 27119500 119900

112. Udhampur Panchayat Upper 1 40295700 205300

District Rural Rehmbal, Chopra Shop Area Block, Udhampur,

Tehsil Udhampur

113. do Kainthgali-Panchayat 1 8543800 80100

Lower Meer Block, Panchari, Tehsil Panchari

114. do Manthal/Panchayat 1 32502800 143500

Mand, West Block, Tikri, Tehsil Udhampur

115. do Panchayat Ballian, 1 16802500 88400

Block Udhampur, Tehsil Udhampur

116. do Panchayat Ghordi 1 9143400 70600

Jagir, Block Ghordi, Tehsil Ramnagar

117. do Panchayat Majalta, 1 7911900 43300

Block Majalta, Tehsil Majalta

118. do Panchayat Sunari, 1 17809000 121000

Block Udhampur, Tehsil Udhampur

119. do Panchayat Sountha, 1 24047800 117300

Block Udhampur, Tehsil Udhampur

120. do Panchayat Jaganoo, 1 8046300 64300

Block Jaganoo, Tehsil Udhampur

121. do Patnitop/Panchayat 1 9789800 26800

Karlah, Block Chenani, Tehsil Chenani 40 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— 1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 122. Reasi District Panchayat Kanthan- 1 12331600 54500

Rural Area Arnas Block, Arnas,

Tehsil Arnas

123. do Panchayat Pouni, 1 17006800 99000

Block Pouni, Tehsil Pouni

124. do Panchayat Bharakh, 1 14579200 63300

Block Pouni, Tehsil Pouni

EXCISE RANGE RAJOURI-POONCH

125. Rajouri Ward No. 9 1 26792100 93100

Municipal Council

126. do Ward No. 5 1 26959400 86100

127. Sunderbani TAC Ward No. 4 1 19707700 77300

128. Nowshera TAC Ward No. 2 1 35049800 105100

129. Poonch Ward No. 10 1 9793800 27600

Muncipal Council

130. do Ward No. 11 2 29032600 88300

131. Rajouri District Panchayat Taryath, 1 12056300 33000

Rural Area Block Taryath, Tehsil Taryath

132. do Panchayat Bhambla, 1 15047600 79700

Block Pouni, Tehsil Pouni

133. do Bajabain/Panchayat 1 13086000 56800

Lower Kangri, Block Sunderbani, Tehsil Beri Pattan

134. do Panchayat Upper 1 17123500 85700

Dhangri, Block Dhangri, Tehsil Rajouri No. 52-g] The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. 41 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 135. do Panchayat Bathuni, 1 19939200 79800

Block Rajouri, Tehsil

Rajouri

136. do Panchayat Upper Siot, 1 16459700 79100

Block Siot, Tehsil Siot

137. Kalakote TAC Ward No. 02 1 12824800 57200

EXCISE RANGE DODA-KISHTWAR-RAMBAN

138. Ramban         Panchyat  Karole,   1         11341800          72700
                    Tehsil Ramban
139. Ramban         Ward No. 1          1         40203600          229200
     Municipal
     Council
140.  do            Ward No. 2          1         34987500          129100
141. Batote  TAC    Ward No. 6          1         18698200          124700
142. Kishtwar       Lach Khazana,       1         63381200          301800
                    Kishtwar
143. Doda  Municipal Ward  No.  1       1         24921200          198200
     Council
144. Doda  District Janjalwar  Panchayat, 1       14671700          99300
     Rural Area     Thathri
145.  do            Kandhote  Panchayat, 1        17360400          133300
                    Prem Nagar
146.  do            Udrana-A  Panchayat, 1        35682608          280300
                    Bhaderwah
147.  do            Misrata  Panchayat, 1         13954493          116300
                    Bhalra  Ghati  Morh
148.  do            Assar  Panchayat,   1         12620900          106800

Kandari Nallaha 42 The J&K Official Gazette, 31st March, 2021/10th Chai., 1943. [No. 52-g ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

1 2 3 4 5 6

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 149. do Dhalwas Panchayat, 1 11915800 57400

Nashri, Ramban

EXCISE RANGE, SAMBA

150. Samba         Ward No. 12         2         46690500         234800
     Municipal
     Council
151.   do          Ward  No. 11        1         36221009         227600
152. Vijaypur  TAC Ward  No. 5         1         48078000         274100
153.   do          Ward  No. 11        1         19155000         1269100
154. Ramgarh TAC Ward No. 3            1         43976000         173000
155. Bari-         Ward No. 3          3         39247400         274800
     Brahmana  TAC
156.   do          Ward No. 12 .       1         40901000         218300
157. Samba  District Panchayat  Chack  1         18572000         36700
     Rural Area    Nazer,  Nandour,

Tehsil Ramgarh

KASHMIR DIVISION

SRINAGAR-GANDERBAL-BUDGAM RANGE

158. Srinagar Municipal   –––           3        35575000          9400
     Corporation
159. Cantonment Board,    –––           1        134884200         500

Srinagar EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Fri., the 30th July, 2021/8th Srav., 1943. [ No. 18-e –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I–B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 30th July, 2021.

SO-261.—Whereas, on 13-08-2018, Pulwama Police received reliable

information that terrorists identified as Zahor Ahmad Thoker S/o Ab. Majeed

R/o Sirnoo, Showkat Ahmad Dar S/o Nazir Ahmad R/o Murran and Adnan

Hamid Bhat S/o Ab. Hamid R/o Kareenabad fired upon one civilian namely

Gulzar Ahmad Bhat S/o Ab. Gani Bhat R/o Bonpora Murran with their

illegal weapon and killed him on spot ; and

2. Whereas, a case FIR No. 218/2018 under section 302 IPC, 7/27

Arms Act was registered in Police Station, Pulwama and investigation of 2 The J&K Official Gazette, 30th July, 2021/8th Srav., 1943. [No. 18-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— the case was set into motion. Subsequently, during investigation section 16, 20 of ULA (P) Act was added in the the case ; and

3. Whereas, during the course of investigation, site plan of place of occurrence and seizure memos were prepared and statement of witnesses acquainted with the facts and circumstances of the case were recorded under the relevant provisions of law ; and

4. Whereas, during investigation, accused terrorist namely Showkat Ahmad Dar got injured during an encounter which took place in Village Dalipora Pulwama on 13-10-2018 and was hospitalized for treatment. Subsequently, after recovery, the said accused was arrested in connection

with this case on 03-02-2021 ; and

5. Whereas, during investigation, accused Showkat Ahmad Dar disclosed that in the month of August, 2018 he joined HM outfit (banned

outfit) and remained active in the area with other terrorists namely Zahoor Ahmad Thoker and Adnan Ahmad Bhat. He furter disclosed that on 12/13-08-2018 he alongwith his above two associates fired and killed deceased Gulzar Ahmad Bhat near his residential house ; and

6. Whereas, the above two terroists namely Zahoor Ahmad Thoker and Adnan Hamid Bhat got killed in the different encounters, against whom proceeding would abate ; and

7. Whereas, on the basis of investigation, statement of witnessess recorded and other evidence collected, the investigating Officer has estabblised prima facie involvement of mentioned accused person for the commission of offences punishable under section as shown against his name

of Unlawfull Activites (Preventin) Act,1967 :—

S. No. Name of the accused Offence

—————————————————————————————

1. Showkat Ahmad Dar S/o Nazir Ahmad 16, 20

Ahmad Dar R/o Murran, Pulwama ULA(P) Act

8. Whereas, the Authority appointed by the Government under

sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act,

1967 has independently examined the case diary file and all the other

relevent documents relating to the case and has come to the conclusion

that prima facie case is made out against the accused person ; and No. 18-e] The J&K Official Gazette, 30th July, 2021/8th Srav., 1943. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 9. Whereas, after perusing the case diary file, the relevant documents and also taking into consideration the views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material

and evidence available against the accused person for his prosecution under the provisions of law.

Now, therefore, in exercise of powers conferred by sub-section (2)

of section 45 of ULA (P) Act, 1967, the Government hereby accord sanction for launching prosecution against the above mentioned accused persons for the commission of offences punishable under sections 16, 20, of Unlawful Activities (Prevention) Act, 1967, in the case FIR No. 218/2018 of Police Station, Pulwama.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., 5th Aug., 2021/14th Srav., 1943. [ No. 19-b –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Governmnt—Notifications

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—LABOUR AND EMPLOYMENT

DEPARTMENT

Notification

Srinagar, the 5th August, 2021.

S.O.-265.—In exercise of the powers confered by sub-section (3) of

section 34 of the Indian Boilers Act, 1923 (V of 1923), the Government

hereby excludes the boiler and the steam pipe (s) in the whole of the Union

Territory of Jammu and Kashmir from operation of the provisions of

sub-sections (2), (3) and (5) of section 7, sub-section (5) of section 8, 2 The J&K Official Gazette 5th Aug., 2021/14th Srav., 1943. [No. 19-b ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— secton 12 and section13 of the said Act, subject to the conditions and

restrictions specified in the Schedule below :—

SCHEDULE

(a) The Boiler and the Steam pipe (s) or Steam pipe shall be inspected

every year by the owner as per the technical provisions of the

Indian Boiler Regulations, 1950, by engaging Competent Person

as defined under clause (cb) of section 2 of the said Act, from

any of the following agencies hereinafter called as Third Party

Inspection Agencies, having the following qualifications as

aproved by the Central Boilers Board :

(i) Graduate in Mechanical/Production/Power Plant

Engineering/Metallurgical Engineering from a recognised

institution ; and

(ii) Minimum 05 years of experience in the field related to

Boilers . However, Third Party Inspecting Agencies in India

empanelled by DPIIT (erstwhile DIPP), GoI as mentioned

below shall be the inspection authorities for Jammu and

Kashmir.

1. M/s Lioyd'Register Asia.

2. M/s Bureau Veritas (India) Private Limited

3. M/s ABS Industrial Verification (India) Pvt. Limited.

4. M/s TUV India Pvt. Limited

5. M/s Intertek India Pvt. Limited.

6. M/s Apave Assessments India Pvt. Limited.

7. M/s TUVSUD South Asia Pvt. Limited.

8. M/s HSB International (India) Private Limited

9. M/s DNV-GI Business Assurance India Pvt. Limited.

10. M/s IRCLASS System and solution Pvt. Limited.

11. M/s ASTRON Certificaton India Pvt. Limited

No. 9-b] The J&K Official Gazette, 5th Aug,, 2021/14th Srav., 1943. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— (b) The Third Party Inspection Agency shall follow instructions and

guidelines of the Chief Inspector of Boilers and shall be liable and

responsible for any act of ommission or commission comitted against

the provision of the said Act and rules and Regulations framed

thereunder.

(c) The Third Party Inspection Agency shall submit record of

inspections carried out by them to the Boiler Inspector, Chief Boiler

Inspector and Boiler Owner within thirty days of carrying out the

inspections and preferably also on their websit. It is clarified that

on receipt of inspection report by the Boiler Inspector, the inspection

report will be duly pasted in the Memorandum of Inspection Book

by the concerned Boiler Inspector. It is further clarified that

inspection by Inspection Agencies is optional.

(d) Report of daily chemical analysis for feed water and blow down

water should be submitted monthly to the Third Party Inspection

Agency as mentioned in para (a) for scrutiny and Chief Inspector

of Boiler for information.

(e) Working pressure of the boiler should not exceed that has specified

in the last working certificate issued.

(f) The boiler shall be stopped immediately, if any accident occurs to

the boiler or to any part of the boiler during this period and the

Chief Inspector of Boilers shall be informed as per the provisions

of the said Act, Rules and Regulations framed thereunder.

(g) The boiler shall be attended by qualified Boiler Operation Engineer(s)

and/or Boiler Attendant(s) as per the provisions of the said Act,

Rules and Regulations framed thereunder.

(h) This notification willl be applicable to such boilers and boiler

components having the safeguard system for protection against

over pressure, low water level, flame failure etc. for prevention of

accidents of boiler as per provisions of the said Act, Rules, and

Regulations framed thereunder and provisions of these safe guards 4 The J&K Official Gazette 5th Aug., 2021/14th Srav., 1943. [No. 19-b ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— shall have to be certified by the owner and the (competent Person)

Third Party Inspecting Agency.

By order of the Government of Jammu and Kashmir.

(Sd.) SARITA CHAUHAN, IAS,

Commissioner/Secretary to the Government,

Labour and Employment Department.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Thu., the 5th Aug., 2021/14th Srav., 1943. [ No. 19-c –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—GENERAL ADMINISTRATION DEPARTMENT

Notification

Srinagar, the 5th August, 2021.

SO-266.—In exercise of the powers conferred by section 36A of the

Jammu and Kashmir Panchayati Raj Act, 1989, and in partial modification

of notifiction SO-338 dated 30-10-2020, the Lieutenant Governor of Union 2 The J&K Official Gazette, 5th Aug., 2021/14th Srav., 1943. [No. 19-c ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Territory of Jammu and Kashmir is pleased to notify the following terms and conditions of service of Mr. K. K. Sharma, IAS (Rtd.), State Election Commissioner for the Union Territory of Jammu and Kashmir ; Namely :— —————————————————————————————

1 2

3

————————————————————————————— 1. Salary Last pay drawn at the time of his retirement from the earlier services less by the amount of the pension oncluding commuted value thereof, plus D.A. as applicable.

2. Tenure of He shall hold office for a term of 05 years

Appointment from the date on which he enters his office or till he attains the age of 65 years, whichever is earlier :

Provided tha t the State Election Commissioner, may at any time by writing under his hand addressed to the Lieutenant Governor resign from his office or he may be removed in the manner provided in section 36 B of the J&K Panchayati Raj Act,1989.

3. Traveling As was admissible to him at the time of his Allowance retirement from the previous service.

4. Residential As was admissible to him at the time of his Accommodation retirement from the previous service.

5. Medical As was admissible to him at the time of his Facilities retirement from the previous service.

6. Leave As was admissible to him at the time of his

retirement from the previous service.

The powers to grant or refuse leave to the State Election Commissioner and to revoke or curtail leave granted to him shall vest in the

Lieutenant Governor.

No. 19-c] The J&K Official Gazette, 5th Aug., 2021/14th Srav., 1943. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 7. Telephone Charges As was admissible to him at the time of his

retirement from the previous service.

By order of the Lieutenant Governor.

(Sd.) MANOJ KUMAR DWIVEDI, IAS,

Commissioner/Secretary to the Government.

EXTRAORDINARY REGD. NO. JK––33

T H E

JAMMU AND KASHMIR OFFICIAL GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Tue., the 7th Sept., 2021/16th Bhad., 1943. [No. 23-g ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government–Notifications.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 07th September, 2021.

SO–313.—Whereas, on 12-03-2021, Shopian Police during Naka

checking at Narwaw crossing intercepted some suspects for checking

who tried to escape from the spot but were chased down by the Naka

party. The suspects were identified as Sami-Ullah Farooq S/o Farooq

Ahmad Chopian R/o Memender, Hilal Ahmad Wani S/o Mohammad

Amin Wani, Ramiz Ahmad Wani S/o Muzaffar Ahmad Wani, Rouf 2 The J&K Official Gazette, the 7th Sept., 2021/16th Bhad., 1943. [No. 23-g –––––––––––––––––––––––––––––––––––––––––––––––––––––– Ahmad Wani, S/o Ab. Rashid Wani, Zahid Hussain Wani S/o Bashir

Ahmad Wani R's/o Dachipora, Faizan Yousuf Khan S/o Mohammad

Yousuf Khan and Shahid Ahmad Rather S/o Mohammad Iqbal Rather

R's/o Vehil Nowgam ; and

2. Whereas, during the personal search of the accused persons,

Police recovered 03 AK Magazines, 02 Hand grenades and 105 AK

rounds from their possession ; and

3. Whereas, a Case FIR No. 40/2021 under sections 13, 18, 20,

23, 38 ULA (P), 7/25 Arms Act was registered in Police Station, shopian

and investigation of the case was set into motion. Subsequently, during

investigation, section 13,18,20,38 ULA (P) Act were dropped and

section 39 ULA (P) Act was added in the case ; and

4. Whereas, during the course of investigation, site plan of place

of occurrence and seizure memos were prepared and statement of

witnesses acquainted with the facts and circumstances of the case

were recorded under the relevant provisions of law ; and

5. Whereas, during investigation, it was established that the

accused persons were working as Over Ground Worker (OGWs) for

the terrorists of HM outfit and were providing logistic support to them,

besides were faciliating the transportation of arms/ammunition of the

terrorist from one plan to another for carrying out the unlawful activities

in the area ;

6. Whereas, on the basis of investigation, statement of witnesses

recorded and other evidence collected, the investigating Officer has

established prima facie involvement of below mentioned accused

persons for the commission of offences punishable under section as

shown against each of Unlawful Activities (Prevention) Act, 1967:-

S.No. Name of accused Offence

————————————————————————————

1. Sami-Ullah Farooq S/o Farooq Ahmad 23, 39

Chopian R/o Memender ULA (P) Act

2. Hilal Ahmad Wani S/o Mohammad Amin

Wani R/o Dachipora.

No. 23-g] The J&K Official Gazette, the 7th Sept., 2021/16th Bhad., 1943. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– S. No. Name of the accused Offence

————————————————————————————

3. Ramiz Ahmad Wani S/o Muzaffar Ahmad 23, 39

Wani R/o Dachipora.

ULA (P) Act

4. Rouf Ahmad Wani S/o Ab. Rasid Wani

R/o Dachipora.

5. Zahid Hussain Wani S/o Bashir Ahmad

Wani R/o Dachipora.

6. Faizan Yousuf Khan S/o Mohammad

Yousuf Khan R/o Vehil Nowgam.

7. Shahid Ahmad Rather S/o Iqbal

Rather R/o Vehil Nowgam.

7. Whereas, the Authority appointed by the Government under sub-section (2) of sectiton 45 of the Unlawful Activities (Prevention) Act, 1967 has independently examined the case diary file and all the other relevant documents relating to the case and has come to the conclusion that prima facie case is made out against the above accused persons ; and

8. Whereas, after perusing the Case Diary File, the relevant documents and also taking into consideration the views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the above-mentioned accused persons for their prosecution under the provisions of law.

Now, therefore, in exercise of powers conferred by sub-section 02 of Section 45 ULA (P) Act 1967 the Government hereby accord sanction for launching prosecution against the above accused persons for the commission of offences punishable under sections 23,39 of Unlawful Activities (Prevention) Act, 1967 in the case FIR No. 40/2021 of Police Station, Shopian.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government,

Home Department.

4 The J&K Official Gazette, the 7th Sept., 2021/16th Bhad., 1943. [No. 23-g –––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Mon., the 15th Oct., 2021/24th Kart., 1943. [No. 33-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

———–

HIGH COURT OF JAMMU AND KASHMIR AND LADAKH (Office of the Registrar General at Jammu)

Subject :—The High Court of Jammu and Kashmir and Ladakh Video

Conferencing for Courts Rules, 2021.

–––––––

Notification

No. 1246 of 2021/RG Dated 15-11-2021.

In exercise of its powers under Articles 225 and 227 of the Constitution of India, the High Court of Jammu & Kashmir and Ladakh, 2 The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. [ No. 33-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

with prior approval of the Lieutenant Governor of the Union Territory of Jammu and Kashmir, hereby makes the following Rules :—

Chapter I

Preliminary

1. These Rules shall be called "the High Court of Jammu and

Kashmir and Ladakh Video Conferencing for Courts Rules, 2021".

(i) These Rules shall apply to such courts or proceedings or classes of courts or proceedings and on and from such date as the High Court may notify in this behalf.

2. Definitions.—In these Rules, unless the context otherwise

requires,—

(i) "Advocate" means and includes an advocate entered in any roll maintained under the provisions of the Advocates Act, 1961 and shall also include government pleaders/ advocates and officers of the department of prosecution.

(ii) "Commissioner" means a person appointed as commissioner under the provisions of Code of Civil Procedure, 1908 (CPC) , or the Code of Criminal Procedure, 1973 (Cr. PC.), or any other law in force.

(iii) "Coordinator" means a person nominated as coordinator

under Rule 5.

(iv) "Court" includes a physical Court and a virtual Court or

tribunal.

(v) "Court Point" means the Courtroom or one or more places where the Court is physically convened, or the place where a Commissioner or an inquiring officer holds proceedings under the directions of the Court.

(vi) "Court User" means a user participating in Court proceedings through video conferencing at a Court Point.

(vii) "Designated Video Conferencing Software" means software provided by the High Court from time to time to conduct videoconferencing.

(viii) "Exceptional circumstances" include illustratively a pandemic, natural calamities, circumstances implicating No. 33-2] The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

law and order and matters relating to the safety of the accused and witnesses.

(ix) "Live Link" means and includes a live television link, audio-video electronic means or other arrangements whereby a witness, a required person or any other person permitted to remain present, while physically absent from the Courtroom is nevertheless virtually present in the Courtroom by remote communication using technology to give evidence and be cross-examined.

(x) "Remote Point" is a place where any person or persons are required to be present or appear through a videolink.

(xi) "Remote User" means a user participating in Court proceedings through video conferencing at a Remote Point.

(xii) "Required Person" includes :—

a. the person who is to be examined ; or

b. the person in whose presence certain proceedings are

to be recorded or conducted ; or

c. an Advocate or a party in person who intends to

examine a witness ; or

d. any person who is required to make submissions

before the Court ; or

e. any other person who is permitted by the Court to

appear through videoconferencing.

(xiii) "Rules" shall mean these Rules for Video Conferencing for Courts and any reference to a Rule, Sub-Rule or Schedule shall be a reference to a Rule, Sub-Rule or Schedule of these Rules.

Chapter II

General Principles

3. General Principles Governing Video Conferencing :—

(i) Video conferencing facilities may be used at all stages of judicial proceedings and proceedings conducted by the Court.

4 The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. [ No. 33-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

(ii) All proceedings conducted by a Court via video conferencing shall be judicial proceedings and all the courtesies and protocols applicable to a physical Court shall apply to these virtual proceedings. The protocol provided in Schedule-I

shall be adhered to for proceedings conducted by way of video conferencing.

(iii) All relevant statutory provisions applicable to judicial proceedings including provisions of the CPC, Cr.PC., Contempt of Courts Act, 1971, Indian Evidence Act, 1872

(Evidence Act), and Information Technology Act, 2000 (IT Act), shall apply to proceedings conducted by video conferencing.

(iv) Subject to maintaining independence, impartiality and credibility of judicial proceedings, and subject to such

directions as the High Court may issue. Courts may adopt such technological advances as may become available from time to time.

(v) The Rules as applicable to a Court shall mutatis mutandis

apply to a Commissioner appointed by the Court to record evidence and to an inquiry officer conducting an inquiry.

(vi) There shall be no unauthorised recording of the proceedings

by any person or entity.

(vii) The person defined in Rule 2(xii) shall provide identity proof as recognised by the Government of India/State Government/Union Territory to the Court point coordinator via personal e-mail. In case of identity proof not being readily available, the person concerned shall furnish the following personal details: name, parentage and permanent

address, as also, temporary address, if any.

4. Facilities recommended for Video Conferencing.—The following equipment is recommended for conducting proceedings by video conferencing at the Court Point and the Remote Point :—

(i) Desktop, Laptop, mobile devices with internet connectivity

and printer ;

(ii) Device ensuring uninterrupted power supply ;

No. 33-2] The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

(iii) Camera ;

(iv) Microphones and speakers ;

(v) Display unit ;

(vi) Document visualizer ;

(vii) Provision of a firewall ;

(viii) Adequate seating arrangements ensuring privacy ;

(ix) Adequate lighting ; and

(x) Availability of a quiet and secure space.

5. Preparatory Arrangements.—

5.1 There shall be a Coordinator both at the Court Point and at the Remote Point from which any Required Person is to be examined or heard. However, Coordinator may be required at the Remote Point only when a witness or a person accused of an offence is to be examined.

5.2 In the civil and criminal Courts falling within the purview of the district judiciary, persons nominated by the High Court or the concerned District Judge, shall perform the functions of Coordinators at the Court Point as well as the Remote Point as provided in Rule 5.3.

5.3 The Coordinator at the Remote Point may be any of the

following :—

Sub Where the Advocate or The Remote Point Coordinator

Rule Required Person is shall be :—

at the following

Remote Point :—

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

1 2

3

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

5.3.1 Overseas An official of an Indian Consulate/

the relevant Indian Embassy/the

relevant High Commission of India.

5.3.2 Court of another state Any authorized official nominated or Union Territory of by the concerned District Judge. India 6 The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. [ No. 33-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

1 2

3

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 5.3.3 Mediation Centre or Any authorized person/official

office of District nominated by the Chairperson

Legal Services or Secretary of the concerned

Authority District Legal Services

Authority.

5.3.4. Jail or prison The concerned Jail Superintendent

or Officer-in-charge of the prison.

5.3.5 Hospitals administered Medical Superintendent or an

by the Central official authorized by them or the

Government, the State person incharge of the said

Government or Local hospital.

Bodies

5.3.6 Observation Home, The Superintendent or Officer-

Special Home, in-charge of that child facility or

Children's Home, an official authorized by them.

Shelter Home, or any

institution referred to

as a child facility

(collectively referred

to as child facilities)

and where the required

person is a juvenile

or child or a person

who is an inmate of

such child facility

5.3.7 Women's Rescue The Superintendent or Officer-in-

Homes, Protection charge of the women's facillity or

Homes, Shelter an official authorized by them.

Homes, Nari

Niketans or any

institution referred

to as a women's

facility (collectively

referred to as

women's facilities) No. 33-2] The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

1 2

3

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 5.3.8 In custody, care or The Superintendent or Officer-in- employment of any charge of the institutional facility other Government or an official authorized Office, Organization by them. or Institution (collectively referred to as institutional facilities).

5.3.9 Forensic Science Lab. The Administrative Officer-in-

charge or their nominee.

5.3.10 In case of any other The concerned Court may appoint location any person deemed fit and proper who is ready and willing to render services as a Coordinator to ensure that the proceedings are conducted in a fair, impartial and independent manner and according to the directions issued by the Court in that behalf.

5.3.11 Notwithstanding the provisions of Clause 5.3.1, where witness examination is to take place in a criminal case of a person located outside the country, the provisions of the "Comprehensive Guidelines for investigation abroad and issue of Letters Rogatory (LRs)/Mutual Legal Assistance (MLA) Request and Service of Summons/Notices/Judicial documents in respect of Criminal Matters" (available at http://164.100.117.97/WriteReadData/ userfiles/ISII Comprehensiv e-Guidelines Mutual Legal Assistance 17122019. pdf) will be followed to the extent they comport with the provisions of the Cr. PC. and the Evidence Act. Furthermore, before the Court employs its discretion to carry out witness examination via video conference, it will obtain the consent of the accused.

5.4 When a Required Person is at any of the Remote Points mentioned in Sub Rule 5.3 and video conferencing facilities are not available at any of these places the concerned Court will formally request the District Judge, in whose jurisdiction the 8 The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. [ No. 33-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Remote Point is situated to appoint a Coordinator for and to provide a video conferencing facility from proximate and suitable Court premises.

5.5 The Coordinators at both the Court Point and Remote Point shall ensure that the recommended requirements set out in Rule 4 are complied with so that the proceedings are conducted seamlessly.

5.6 The Coordinator at the Remote Point shall ensure that :

5.6.1 All Advocates and/or Required Persons scheduled to appear in a particular proceeding are ready at the Remote Point designated for video conferencing at least 30 minutes before the scheduled time.

5.6.2 No unauthorised recording device is used.

5.6.3 No unauthorised person enters the video conference room

when the video conference is in progress.

5.6.4 The person being examined is not prompted, tutored, coaxed, induced or coerced in any manner by any person and that the person being examined does not refer to any document, script or device without the permission of the concerned Court during the examination.

5.7 Where the witness to be examined through video conferencing requires or if it is otherwise expedient to do so, the Court shall give sufficient notice in advance, setting out the schedule of video conferencing and, in appropriate cases may transmit non- editable digital scanned copies of all or any part of the record of the proceedings to the official email account of the Coordinator of the concerned Remote Point designated under Rule 5.3.

5.8 Before the scheduled video conferencing date, the Coordinator at the Court Point shall ensure that the Coordinator at the Remote Point receives certified copies, printouts or a soft copy of the non-editable scanned copies of all or any part of the record of proceedings which may be required for recording statements or evidence, or for reference. However, these shall be permitted to be used by the Required Person only with the permission of the Court.

No. 33-2] The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

5.9 Whenever required the Court shall order the Coordinator at the

Remote Point or at the Court Point to provide—

5.9.1 A translator in case the person to be examined is not conversant

with the official language of the Court.

5.9.2 An expert in sign languages in case the person to be examined

is impaired in speech and/or hearing.

5.9.3 An interpreter or a special educator, as the case may be, in case a person to be examined is differently-abled, either temporarily or permanently.

Chapter III

Procedure for Video Conferencing

7. Application for Appearance, Evidence and Submission by

Video Conferencing.—

6.1 Any party to the proceeding or witness, save and except where proceedings are initiated at the instance of the Court, may move a request for video conferencing. A party or witness seeking a video conferencing proceeding shall do so by making a request via the form prescribed in Schedule-II.

6.2 Any proposal to move a request for video conferencing should first be discussed with the other party or parties to the proceeding, except where it is not possible or inappropriate, for example in cases such as urgent applications.

6.3 On receipt of such a request and upon hearing all concerned persons, the Court will pass an appropriate order after ascertaining that the application is not filed to impede a fair trial or to delay the proceedings.

6.4 While allowing a request for video conferencing, the Court may

also fix the schedule for convening the video conferencing.

6.5 In case the video conferencing event is convened for making oral submissions, the order may require the Advocate or party in person to submit written arguments and precedents, if any, in advance on the official email ID of the concerned Court.

6.6 Costs, if directed to be paid, shall be deposited within the prescribed time, commencing from the date on which the order convening proceedings through video conferencing is received.

10 The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. [ No. 33-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

7. Service of Summons.—

7.1 Summons issued to a witness who is to be examined through video conferencing, shall mention the date, time and venue of

the concerned Remote Point and shall direct the witness to attend in person along with proof of identity or an affidavit to

that effect. The existing rules regarding service of the summons

and the consequences for non-attendance, as provided in the CPC and Cr. PC. shall apply to service of summons for

proceedings conducted by video conferencing.

7.2 Furthermore in respect of service of summons on witnesses residing outside the country, concerning criminal matters, the

provisions of "Comprehensive Guidelines for investigation abroad and issue of Letters Rogatory (LRs)/Mutual Legal

Assistance (MLA) Request and Service of Summons/Notices/ Judicial documents in respect of Criminal Matters" (available

at http://164.100.1l7.97/Wr iteReadData/userfiles/ISII

Comprehensive Guidelines Mutua l Legal Assistance 17122019.pdf will be followed to the extent they comport with

the provisions of the Cr. PC. and the extant laws.

8. Examination of persons.—

8.1 Any person being examined, including a witness shall, before

being examined through video conferencing, produce and file

proof of identity by submitting an identity document issued or duly recognized by the Government of India, State Government,

Union Territory, or in the absence of such a document, an affidavit attested by any of the authorities referred to in

Section 139 of the CPC or Section 297 of the Cr. PC. as the case may be. The affidavit will inter alia state that the person,

who is shown to be the party to the proceedings or as a witness,

is the same person, who is to depose at the virtual hearing. A copy of the proof of identity or affidavit, as the case may be,

will be made available to the opposite party.

8.2 The person being examined will ordinarily be examined during the working hours of the concerned Court or at such time as

the Court may deem fit. The oath will be administered to the person being examined by the Coordinator at the Court Point.

No. 33-2] The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. 11 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

8.3 Where the person being examined, or the accused to be tried, is in custody, the statement or, as the case may be, the testimony, may be recorded through video conferencing. The Court shall provide adequate opportunity to the under-trial prisoner to consult in privacy with their counsel before, during and after the video conferencing.

8.4 Subject to the provisions for the examination of witnesses contained in the Evidence Act, before the examination of the witness, the documents, if any, sought to be relied upon shall be transmitted by the applicant to the witness, so that the witness acquires familiarity with the said documents. The applicant will file an acknowledgement with the Court in this behalf.

8.5 If a person is examined concerning a particular document, the the summons to witness must be accompanied by a duly certified photocopy of the document. The original document should be exhibited at the Court Point as per the deposition of the concerned person being examined.

8.6 The Court would be at liberty to record the demeanour of the

person being examined.

8.7 The Court will note the objections raised during the deposition

of the person being examined and rule on them.

8.8 The Court shall obtain the signature of the person being examined on the transcript once the examination is concluded. The signed transcript will form part of the record of the judicial proceedings. The signature on the transcript of the person being examined shall be obtained in either of the following ways :

8.8.1 If digital signatures are available at both the concerned Court Point and Remote Point, the soft copy of the transcript digitally signed by the presiding Judge at the Court Point shall be sent by the official e-mail to the Remote Point where a print out of the same will be taken and signed by the person being examined. A scanned copy of the transcript digitally signed by the Coordinator at the Remote Point would be transmitted by official email to the Court Point. The hard copy of the signed transcript will be dispatched after the testimony is over, preferably within three days by the Coordinator at the Remote 12 The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. [ No. 33-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

Point to the Court Point by recognised courier/registered speed post.

8.8.2 If digital signatures are not available, the printout of the transcript shall be signed by the presiding Judge and the representative of the parties, if any, at the Court Point and shall be sent in non-editable scanned format to the official email account of the Remote Point, where a printout of the same will be taken and signed by the person examined and countersigned by the Coordinator at the Remote Point. A non-editable scanned format of the transcript so signed shall be sent by the Coordinator of the Remote Point to the official email account of the Court Point, where a print out of the same will be taken and shall be made a part of the judicial record. The hard copy would also be dispatched preferably within three days by the Coordinator at the Remote Point to the Court Point by recognised courier/registered speed post.

8.9 An audio-visual recording of the examination of the person examined shall be preserved. An encrypted master copy with hash value shall be retained as a part of the record.

8.10 The Court may, at the request of a person to be examined, or on its own motion, taking into account the best interests of the person to be examined, direct appropriate. measures to protect the privacy of the person examined bearing in mind aspects such as age, gender, physical condition and recognized customs and practices.

8.11 The Coordinator at the Remote Point shall ensure that no person is present at the Remote Point, save and except the person being examined and those whose presence is deemed administratively necessary by the Coordinator for the proceedings to continue.

8.12 The Court may also impose such other conditions as are necessary for a given set of facts for effective recording of the examination (especially to ensure compliance with Rule 5.6.4.)

8.13 The examination shall, as far as practicable, proceed without interruption or the grant of unnecessary adjournments. However, the Court or the Commissioner as the case may be will be at liberty to determine whether an adjournment should be granted, and if so, on what terms.

No. 33-2] The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. 13 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

8.14 The Court shall be guided by the provisions of the CPC and Chapter XXIII, Part B of the Cr. PC. the Evidence Act and the IT Act while examining a person through video conferencing.

8.15 Where a Required Person is not capable of reaching the Court Point or the Remote Point due to sickness or physical infirmity, or presence of the required person cannot be secured without undue delay or expense, the Court may authorize the conduct of video conferencing from the place at which such person is located. In such circumstances, the Court may direct the use of portable video conferencing systems. Authority in this behalf may be given to the concerned Coordinator and/ or any person deemed fit by the Court.

8.16 Subject to such orders as the Court may pass, in case any party or person authorized by the party is desirous of being physically present at the Remote Point at the time of recording of the testimony, such a party shall make its arrangement for appearance/representation at the Remote Point.

9. Exhibiting or Showing Documents to Witness or Accused at a Remote Point.—If in the course of examination of a person at a Remote Point by video conferencing, it is necessary to show a document to the person, the Court may permit the document to be shown in the following manner :—

9.1 If the document is at the Court Point, by transmitting a copy or image of the document to the Remote Point electronically, including through a document visualizer ; or

9.2 If the document is at the Remote Point, by putting it to the person and transmitting a copy/image of the same to the Court Point electronically including through a document visualizer. The hard copy of the document countersigned by the witness and the Coordinator at the Remote Point shall be dispatched thereafter to the Court Point via authorized courier/registered speed post.

10. Ensuring seamless Video Conferencing.—

10.1 The Advocate or Required Person) shall address the Court by video conferencing from a specified Remote Point on the date and time specified in the order issued by the Court. The 14 The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. [ No. 33-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

presence of the coordinator will not be necessary at the Remote point where arguments are to be addressed by an advocate or party in person before the Court.

10.2 If the proceedings are carried out from any of the Remote Point(s) (in situations described in Rules 5.3.1 to 5.3.9) the Coordinator at such Remote Point shall ensure compliance of all technical requirements. However, if the proceedings are conducted from a Remote Point falling in the situation contemplated under Rule 5.3.10, such as an Advocate's office,

the Coordinator at the Court Point shall ensure compliance of all technical requirements for conducting video conferencing at both the Court Point and the Remote Point.

10.3 The Coordinator at the Court Point shall be in contact with the concerned Advocate or the Required Person and guide them

regarding the fulfilment of technical and other requirements for executing a successful hearing through video conferencing. Any problems faced by such Remote Users shall be resolved by the Court Point Coordinator. The Court Point Coordinator shall inter alia share the link of the video conferencing hearing with

such Remote Users.

10.4 The Coordinator at the Court Point shall ensure that any document or audio-visual files, e-mailed by the Remote User, are duly received at the Court Point.

10.5 The Coordinator at the Court Point shall also conduct a trial video conferencing, preferably 30 minutes before scheduled video conferencing to ensure that all the technical systems are in working condition at both the Court Point and the Remote Point.

10.6 At the scheduled time, the Coordinator at the Court Point shall

connect the Remote User to the Court.

10.7 On completion of the video conferencing proceeding, the Court shall mention in the order sheet the time and duration of the proceeding, the software used (in case the software used is not

the Designated Video Conferencing Software), the issue(s) on which the Court was addressed and the documents, if any that were produced and transmitted online. In case a digital No. 33-2] The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. 15 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

recording is tendered, the Court shall record its duration in the order sheet along with all other requisite details.

10.8 The Court shall also record its satisfaction as to clarity, sound

and connectivity for both Court Users and Remote Users.

10.9 On the completion of video conferencing, if a Remote User believes that she/he were prejudiced due to poor video and/or audio quality, the Remote User shall immediately inform the Coordinator at the Court Point, who shall, in turn, communicate this information to the Court without any delay. The Court shall consider the grievance and if it finds substance in the grievance may declare the hearing to be incomplete and the parties may be asked to re-connect or make a physical appearance in Court.

11. Judicial remand, the framing of charge, the examiaation

of accused and Proceedings under Section 164 of the

Cr. PC.—

11.1 The Court may, at its discretion, authorize the detention of an accused, frame charges in a criminal trial under the Cr. PC. by video conferencing. However, ordinarily judicial remand in the first instance or police remand shall not be granted through video conferencing save and except in exceptional circumstances for reasons to be recorded in writing.

11.2 The Court may, in exceptional circumstances, for reasons to be recorded in writing, examine a witness or an accused under Section 164 of the Cr. PC. or record the statement of the accused under Section 313 Cr. PC. through video conferencing, while observing all due precautions to ensure that the witness or the accused as the case may be is free of any form of coercion, threat or undue influence. The Court shall ensure compliance with Section 26 of the Evidence Act.

Chapter IV

General Procedure

12. General procedure.—

12.1 The procedure set out hereafter in this chapter is without prejudice to the procedure indicated elsewhere in these Rules qua specific instances in which proceedings are conducted via video conferencing.

16 The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. [ No. 33-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

12.2 The Coordinator at the Court Point shall ensure that video

conferencing is conducted only through a Designated Video Conferencing Software. However, in the event of a technical

glitch during a given proceeding, the concerned Court may for reasons to be recorded permit the use of software other than

the Designated Video Conferencing Software for video conferencing in that particular proceeding.

12.3 The identity of the person to be examined shall be confirmed

by the Court with the assistance of the Coordinator at the Remote Point as per Rule 8.1, at the time of recording of the

evidence and the same must be reflected in the order sheet of

the Court.

12.4 In civil cases, parties requesting for recording statements of the

person to be examined by video conferencing shall confirm to the Court, the location of the person, the willingness of such

person to be examined through video conferencing and the

availability of technical facilities for video conferencing at the agreed-upon time and Place.

12.5 In criminal cases, where the person to be examined is a

prosecution witness or a Court witness, or where a person to be examined is a defence witness, the counsel for the

prosecution or defence counsel, as the case may be, shall confirm to the Court the location of the person, willingness to

be examined by video conferencing and the time, place and

technical facility for such video conferencing.

12.6 In case the person to be examined is an accused, the prosecution

will confirm the location of the accused at the Remote Point.

12.7 Video conferencing shall ordinarily take place during the Court hours. However, the Court may pass suitable directions

concerning the timing and schedule of video conferencing as the circumstances may warrant.

12.8 If the accused is in custody and not present at the Court Point,

the Court will order a multi-point video conference between itself, the witness and the accused in custody to facilitate the

recording of the statement of the witness (including medical or other experts). The Court shall ensure that the defence of the No. 33-2] The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. 17 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

accused is not prejudiced in any manner and that the safeguards contained in Rule 8.3 are observed.

12.9 The Coordinator at the Remote Point shall be paid such amount as honorarium as may be directed by the Court in consultation with the parties.

13. Costs of Video Conferencing.—In the absence of rules prescribed by the concerned Court, the Court may take into consideration the following circumstances while determining and/or apportioning the costs of video confereneing :

13.1 In criminal cases, the expenses of the video conferencing facility including expenses involved in preparing soft copies/certified copies of the Court record and transmitting the same to the Coordinator at the Remote Point, and the fee payable to the translator/interpreter/special educator, as the case may be, as also the fee payable to the Coordinator at the Remote Point, shall be borne by such party as directed by the Court.

13.2 In civil cases, generally, the party requesting for recording evidence through video conferencing shall bear the expenses.

13.3 Besides the above, the Court may also make an order as to expenses as it considers appropriate, taking into account the rules/instructions regarding payment of expenses to the complainant and witnesses, as may be prevalent from time to time.

13.4 It shall be open to the Court to waive the costs as warranted

in a given situation.

14. Conduct of Proceedings.—

14.1 All Advocates, Required Persons, the party in person and/or any other person permitted by the Court to remain physically or virtually present (hereinafter collectively referred to as participants) shall abide by the requirements set out in Schedule-I.

14.2 Before the commencement of video conferencing all participants, shall have their presence recorded. However, in case a participant is desirous that their face or name be masked, information to that effect will be furnished to the Court Point Coordinator before the commencement of the proceeding.

18 The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. [ No. 33-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

14.3 The Court Point Coordinator shall send the link/Meeting ID/ Room Details via the e-mail Id/mobile number furnished by the Advocate or Required Person or other participant permitted to be virtually present by the Court. Once the proceedings have commenced, no other persons will be permitted to participate in the virtual hearing, save and except with the permission of the Court.

14.4 The participants, after joining the hearing shall remain in the virtual lobby, if available, until they are admitted to the virtual hearing by the Coordinator at the Court Point.

14.5 Participation in the proceedings shall constitute consent by the participants to the proceedings being recorded by video conferencing.

14.6 Establishment and disconnection of links between the Court Point and the Remote Point would be regulated by orders of the Court.

14.7 The Court shall satisfy itself that the Advocate, Required Person or any other participant that the Court deems necessary at the Remote Point or the Court Point can be seen and heard clearly and can see and hear the Court.

14.8 To ensure that video conferencing is conducted seamlessly, the difficulties, if any, experienced in connectivity must be brought to the notice of the Court at the earliest on the official email address and mobile number of the Court Point Coordinator which has been furnished to the participant before the commencement of the virtual hearing. No complaint shall subsequently be entertained.

14.9 Wherever any proceeding is carried out by the Court under these Rules by taking recourse to video conferencing, this shall specifically be mentioned in the order sheet.

15. Access to Legal Aid Clinics/Camps/Lok Adalats/Jail

Adalats.—

15.1 In conformity with the provisions of the Legal Services Authorities Act, 1987 and the laws in force, in proceedings related to Legal Aid Clinics, Camps, Lok Adalats or Jail Adalats, any person who at the Remote Point is in Jail or Prison shall No. 33-2] The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. 19 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

be examined by the Chairman/Secretary of the District Legal

Service Authority or Members of Lok Adalats before passing

any award or orders as per law.

15.2 Such award or order shall have the same force as it it was

passed by the regular Lok Adalat or Jail Adalat.

15.3 Copy of the award or order and the record of proceedings shall

be sent to the Remote Point.

16. Allowing persons who are not parties to the case to view

the proceedings.—

16.1 To observe the requirement of an open Court proceeding,

members of the public will be allowed to view Court hearings

conducted through video conferencing, except proceedings

ordered for reasons recorded in writing to be conducted in-

camera. The Court shall endeavour to make available sufficient

links (consistent with available bandwidth) for accessing the

proceedings.

16.2 Where, for any reason, a person unconnected with the case is

present at the Remote Point, that person shall be identified by

the Coordinator at the Remote Point at the start of the

proceedings and the purpose of the presence of that person shall

be conveyed to the Court. Such a person shall continue to

remain present only if ordered so by the Court.

Chapter V

Miscellaneous

17. Reference to Words and Expressions.— Words and expressions

used and not defined in these Rules shall have the same meaning

as assigned to them in the CPC, the Cr. PC., Evidence Act,

IT Act, and the General Clauses Act, 1897.

18. Power to Relax.— The High Court may if satisfied that the

operation of any Rule is causing undue hardship, by order

dispense with or relax the requirements of that Rule to such

extent and subject to such conditions, as may be stipulated to

deal with the case in a just and equitable manner.

20 The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. [ No. 33-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

19. Residual Provisions.—Matters concerning which no express provision has been made in these Rules shall be decided by the Court consistent with the principle of furthering the interests of justice. . '

By order.

(Sd.) JAWAD AHMED,

Registrar General.

––––––––

SCHEDULE-I

1. All participants shall wear sober attire consistent with the dignity of the proceedings. Advocates shall be appropriately dressed in professional attire prescribed under the Advocates Act, 1961. Police officials shall appear in the uniform prescribed for police officials under the relevant statute or orders. The attire for judicial officers and court staff will be as specified in the relevant rules prescribed in that behalf by the High Court. The decision of the Presiding Judge or officer as to the dress code will be final.

2. Proceedings shall be conducted at the appointed date and time.

Punctuality shall be scrupulously observed.

3. The case will be called out and appearances shall be recorded on

the direction of the Court.

4. Every participant shall adhere to the courtesies and protocol that are followed in a physical Court. Judges will be addressed as "Madam/Sir" or "Your Honour". Officers will be addressed by their designation such as "Bench Officer/Court Master". Advocates will be addressed as "Learned Counsel/Senior Counsel"

5. Advocates, Required Persons, parties in person and other participants shall keep their microphones muted till they are called upon to make submissions.

6. Remote Users shall ensure that their devices are free from

malware.

7. Remote Users and the Coordinator at the Remote Point shall ensure that the Remote Point is situated in a quiet location, is No. 33-2] The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

properly secured and has sufficient internet coverage. Any

unwarranted disturbance caused during video conferencing may if the Presiding Judge so directs render the proceedings non-est.

8. All participants' cell phones shall remain switched off or in airplane

mode during the proceedings.

9. All participants should endeavour to look into the camera, remain

attentive and not engage in any other activity during the

proceedings.

––––––––

SCHEDULE-II

Request Form for Video Conference

1. Case Number/CNR Number (if any)

2. Cause Title

3. Proposed Date of confercncc(DD/MM/YYYY) : _____________

4. Location of the Court Point(s) : ___________________________

5. Location of the Remote Point(s) : _________________________

6. Names & Designation of the Participants at the Remote Point :

__________________________________________________________

7. Reasons for Video Conferencing :

In the matter of' :

8. Nature of Proceedings : Final Hearing

Motion Hearing Others

I have read and understood the provisions of Rules for Video

Confererncing for Courts hyperlink). I undertake to remain bound by the same to the extent applicable to me. I agree to pay video

conferencing charges, if so, directed by the Court.

Signature of the applicant/authorised signatory:

Date :

22 The J&K Official Gazette, the 15th Oct., 2021/24th Kart., 1943. [ No. 33-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

For use of the Registry/Court Point Coordinator

A) Bench assigned :

B) Hearing :

Held on (DD/MM/YYYY) :

Commencement Time :

End time :

Number of hours :

C) Costs :

Overseas transmission charges, if any :

To be incurred by Applicant/Respondent :

To be shared equally :

Waived ; as ordered by the Court :

Signature of the authorised officer :

Date :

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Fri., the 6th August, 2021/15th Srav., 1943. [ No. 19-e –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—INDUSTRIES AND COMMERCE

DEPARTMENT

Notification

Srinagar, the 6th August, 2021.

SO-268.––In exercise of the powers conferred by sub-section (2) of

section 3 of the Jammu and Kashmir, Handicrafts (Quality Control) Act, 2 The J&K Official Gazette, 6th Aug., 2021/15th Srav., 1943. [No. 19-e –––––––––––––––––––––––––––––––––––––––––––––—–––—————––

1978, and in supersession of SRO-94 dated 18-03-2016, the Government

hereby nominate the following as the members of Handicrafts Quality

Control Council, namely :—

OFFICIAL MEMBERS

1. i. Director, Handicrafts & Handloom, Senior of the two

Kashmir Directors as Chairman

ii Director, Handicrafts & Handloom, and another as Member

Jammu.

2. iii Managing Director, J&K Handloom Member

& Handicrafts Corporation.

3. iv Director, Craft Development Institute. Member

4. v. Director, IICT. Member

5. vi Deputy Director, Handicrafts Quality Member-Secretary

Control

NON-OFFICIAL MEMBERS

President, Kashmir Chamber of Member

Commerce, (KCCI)

President, Confederation of Chamber Member

of Industry, Jammu

President, Tahfuz Society Member

President, Meeras Society Member

By order of the Government of Jammu and Kashmir.

(Sd.) RANJAN P. THAKUR,

Principal Secretary to the Government.

EXTRAORDINARY REGD. NO. JK––33

T H E

JAMMU AND KASHMIR OFFICIAL GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Mon., the 6th Sept., 2021/15th Bhad., 1943. [No. 23-e ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government–Notifications.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—PLANNING DEVELOPMENT AND

MONITORING DEPARTMENT

Notification

Srinagar, the 06th September, 2021.

SO–311.—In exercise of powers conferred by clause (IV) of rule 8

of the Census Rules, 1990 and in supersession of earlier Notification

issued in this behalf, the Government hereby freezes the boundaries of

Districts/Tehsils, Municipalities, Towns, Revenue Villages and other 2 The J&K Official Gazette, the 6th Sept., 2021/15th Bhad., 1943. [No. 23-e ––––––––––––––––––––––––––––––––––––––––––––––––––––––

administrative units on the whole Union Territory of Jammu and

Kashmir w.e.f 31st December, 2021 till completion of Census 2021.

By order of the Lieutenant Governor.

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

Secretary to Government,

Planning Development and Monitoring Department.

EXTRAORDINARY REGD. NO. JK––33

T H E

JAMMU AND KASHMIR OFFICIAL GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Tue., the 7th Sept., 2021/16th Bhad., 1943. [No. 23-f ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government–Notifications. ––––––––– GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

Notification

Srinagar, the 07th September, 2021.

SO–312.—In exercise of powers conferred by sub-section (1)

of section 20 of the Code of Criminal Procedure, 1973, the Government

hereby appoint following officers to be the Executive Magistrate, who

shall exercise all the powers of an Executive Magistrate within their

territorial jurisdiction of District Rajouri :—

S. Name of the Officer Present place of posting

No. S/Shri

————————————————————————————

1 2 3

————————————————————————————

1. Mohd. Rafiq Wani N. T, Darhal

2. Joginder Kumar N. T, Narua Bambal

(Khawas) 2 The J&K Official Gazette, the 7th Sept., 2021/16th Bhad., 1943. [No. 23-f ––––––––––––––––––––––––––––––––––––––––––––––––––––––

  1           2                               3
————————————————————————————
  3.  Manpreet  Singh            N.  T,  Bhawani  (Nowshera)
  4.  Parampreet  Singh          N.  T,  Rajal  (Nowshera)
  5.  Ashwani  Raina             N.  T,  Bhajwal  (Sunderbani)
  6.  Vikrant  Koshal            N.  T,  Lamberi-Dandesar
                                 (Nowshera)
  7.  Sushil  Kumar Sharma       N.  T,  Kalakote
  8.  Subash  Kumar              N. T,  Bambliya  (Sunderbani)
  9.  Aditya  Kerni              N.  T,  Parat  Siot
  10. Dheeraj  Koshal            N.  T, Thandapani  (Sunderbani)

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to Government.

No. 23-i] The J&K Official Gazette, 8th Sept., 2021/17th Bhad., 1943. Wed. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

EXTRAORDINARY REGD. NO. JK––33

PART I—B

Jammu and Kashmir Government–Notifications.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOUSING AND URBAN

DEVELOPMENT DEPARTMENT

Notification

Jammu, the 08th September, 2021.

SO–315.—In exercise of the powers conferred by sub-section (2)

of section 27 of the Jammu and Kashmir Municipal Act, 2000, the

Government hereby notifies the name of Sh. Satish Kumar Zutshi

S/o Baskar Nath Zutshi R/o Member Ward No. 11, Municipal

Committee, Devsar, for being declared as elected Vice-President of the

Municipal Committee, Devsar for the remainder period.

By order of the Government of Jammu and Kashmir.

(Sd.) DHEERAJ GUPTA, IAS,

Principal Secretary to the Government,

Housing and Urban Development Department.

No. 23-j] The J&K Official Gazette, 8th Sept., 2021/17th Bhad., 1943. Wed. –––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK––33

PART I—B

Jammu and Kashmir Government–Notifications.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—HOUSING AND URBAN

DEVELOPMENT DEPARTMENT

Notification

Jammu, the 08th September, 2021.

SO–316.—In exercise of powers conferred by sub-section (2) of

section 27 of the Jammu and Kashmir Municipal Act, 2000, the

Government hereby notifies the name of Sh. Imtiyaz Ahmad Ganie

S/o Gh. Mohd. Ganie, Member Ward No. 10, Municipal Committee,

Devsar, for being declared as elected President of the Municipal

Committee, Devsar for the remainder period.

By order of the Government of Jammu and Kashmir.

(Sd.) DHEERAJ GUPTA, IAS,

Principal Secretary to the Government,

Housing and Urban Development Department.

No. 25-d] The J&K Official Gazette, 21st Sept., 2021/30th Bhad., 1943. Tue. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

EXTRAORDINARY REGD. NO. JK—33

PART I––B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––SOCIAL WELFARE DEPARTMENT

Notification

Jammu, the 21st September, 2021.

SO-325.––In exercise of the powers conferred by sub-section 23 of the Jammu and Kashmir Reservation Act, 2004, and all other relevant provisions of law in this behalf, the Government hereby direct that after the words ''International Border'' appearing in clause (g) of rule 18 of the Jamu and Kashmir Reservation Rules,2005, the sign and words ''/Pahari

Speaking People (PSP)'' shall be inserted.

By order of the Government of Jammu and Kashmir.

(Sd.) SHEETAL NANDA, IAS,

Secretary to the Government.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Fri., the 8th March, 2021/16th Asv., 1943. [No. 28-b –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government—Notifications.

––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

Notification

Srinagar, 8th of October, 2021.

SO-344.—In exercise of the powers conferred by sub-section (1)

of section 20 of the Code of Criminal Procedure, 1973, the Government

hereby appoint following Naib-Tehsildars to be the Executive Magistrate, The J&K Official Gazette, 8th Oct., 2021/16th Asv., 1943. [No. 28-b

2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

who shall exercise all the powers of an Executive Magistrate within their

territorial jurisdiction of District Jammu :—

S.  No.   Name  of  the  Officer          Designation/Place of  posting
––––––––––––––––––––––––––––––––––––––––––––––––––––––
  l.      Sh.  Iqbal Singh                ARA,  D.  C.  Office
 2.       Sh.  Manesh  Goswami            N. T.,  Shahzadpur
 3.       Sh.  Imliaz-ul-Hassan  Rashi    N.  T.,  Kathar
 4.       Sh.  Ajay  Kumar  Jamwal        N.  T.,  Khour
 5.       Sh.  Darpan  Khajuria           N.  T.,  Rehal
 6.       Sh.  Vijay  Kumar               N. T., Raipur  Pindi
 7.       Sh.  Mandil  Vaid               N.  T.,  Chak  Malal

By order of the Government of the Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to Government.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Mon., the 11th Oct., 2021/19th Asv., 1943. [No. 28-e –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—FINANCE DEPARTMENT

Notification

Srinagar, the 11th October, 2021.

SO-347.––In exercise of the powers conferred by section 3 of the Jammu and Kashmir Motor Spirit and Diesel Oil (Taxation of Sales) Act, Samvat, 2005 and in partial modification of notification SRO-262 2 The J&K Official Gazette, 11th Oct., 2021/19th Asv., 1943. [No. 28-e –––––––––––––––––––––––––––––––––––––––––—–––—————––– dated 06-06-2018, the Government hereby directs that the following amendment shall be made in the said notification :—

In Schedule appended to the said notification, in S. No. 3 (Aviation Turbine Fuel), in column 3 for the figure and sign "26.25%" the figure and sign "1%" shall be substituted.

By order of the Government of Jammu and Kashmir.

(Sd.) ATAL DULLOO, IAS,

Financial Commissioner (Additional Chief Secretary),

Finance Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Tue., the 12th Oct., 2021/20th Asv., 1943. [No. 28-h –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—FINANCE DEPARTMENT (Codes Division)

Notification

Jammu the 12th October, 2021.

SO-350.––In exercise of the powers conferred by proviso to Article 309 of Constitution of India, the Lieutenant Governor is pleased 2 The J&K Official Gazette, 12th Oct., 2021/20th Asv., 1943. [No. 28-h –––––––––––––––––––––––––––––––––––––––––—–––—————––– to direct that the following amendments shall be made in the first Schedule of the Jammu and Kashmir Civil Services (Leave) Rules, 1979 ; namely :—

After Note 6, the following shall be added as Note 7 ; namely :—

Note 7 :—(i) Recommendation of Divisional Commissioners in respect of Divisional Heads of Departments is mandatory for sanctioning earned leave in their favour by the Administrative Department.

(ii) Recommendation of Deputy Commissioner is mandatory for sanctioning of earned leave in favour of all District Heads.

By order of the Lieutenant Governor.

(Sd.) ATAL DULLOO, IAS,

Financial Commissioner

(Additional Chief Secretary), Finance Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Tue., the 7th Dec., 2021/16th Agra., 1943. [No. 36-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART IV

Reprints from the Government of India Gazette.

———–

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 14th November, 2021/Kartika 23, 1943 (Saka).

THE CENTRAL VIGILANCE COMMISSION (AMENDMENT) ORDINANCE, 2021

(No. 9 of 2021)

Promulgated by the President in the Seventy-second Year of the

Republic of India.

An Ordinance further to amend the Central Vigilance Commission

Act, 2003.

2 The J&K Official Gazette, the 7th Dec., 2021/16th Agra., 1943. [No. 36-5 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–––––––

WHEREAS, Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action.

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—

1. Short title and commencement.—(1) This Ordinance may be called the Central Vigilance Commission (Amendment) Ordinance, 2021.

(2) It shall come into force at once.

2. Amendment of section 25.—In section 25 of the Central Vigilance Commission Act, 2003 (45 of 2003), in clause (d), the following provisos shall be inserted, namely,—

"Provided that the period for which the Director of Enforcement holds the office on his initial appointment may, in public interest, on the recommendation of the Committee under clause (a) and for the reasons to be recorded in writing, be extended up to one year at a time :

Provided further that no such extension shall be granted after the completion of a period of five years in total including the period mentioned in the initial appointment ;".

RAM NATH KOVIND,

President.

––––––––

(Sd.) DR. REETA VASISHTA,

Secretary to the Government of India.

No. 25-e] The J&K Official Gazette, 21st Sept., 2021/30th Bhad., 1943. Tue. —————————————————————————————————

EXTRAORDINARY REGD. NO. JK–33

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT— FINANCE DEPARTMENT

Notification

Srinagar, the 21st September, 2021.

SO–326.—In exercise of the powers conferred by sections 3A, 12, 20 and 25 of the Jammu and Kashmir Act, Samvat 1958 the Government hereby directs that the following proviso shall be added to sub rule (8) of rule 30 of the Jammu and Kashmir Liquor Licence and Sales Rules 1984, namely ;

"Provided that the Excise Commissioner may in exceptional circumstances extend any license except JK-EL-II pending renewal, granted under these rules till 31st of December 2021 or for any further period with prior concurrence of the Government".

(Sd.) ATAL DULLOO, IAS,

Financial Commissioner, Additional Chief Secretary, Finance Department.

No. 26-a] The J&K Official Gazette, 23th Sept., 2021/1st Asv., 1943. Thu. —————————————————————————————————

EXTRAORDINARY REGD. NO. JK–33

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT— DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

(Power Section)

Notification

Srinagar, the 23th September, 2021.

SO–327.—In exercise of the powers conferred by sub-section (1) of Section 20 of the Code of Criminal Procedure 1973, the Government hereby appoint the following officers to be the Executive Magistrates who shall exercise all the powers of an Executive Magistrate within their territorial jurisdiction of District Reasi.

S. No Name of Officer/ Designation Place of posting

Official

————————————————————————————— 1. Varun Bhagat Naib Tehsildar NT, Thuroo (Dharmari)

2. Mahmood Azam Naib Tehsildar NT, Kanthi

3. Priyanka Bharti Naib Tehsildar NT, Dera Baba Banda

4. Rajeet Singh Naib Tehsildar NT, Dhanour

5. Ajay Kumar Naib Tehsildar NT, Tulli Banna

(Sd.) ACHAL SETHI,

Secretary to the Government.

No. 26-b] The J&K Official Gazette, 24th Sept., 2021/2nd Asv., 1943. Fri. —————————————————————————————————

EXTRAORDINARY REGD. NO. JK–33

PART III

Laws, Regulations and Rules passed thereunder.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT— FINANCE DEPARTMENT (Codes Division)

Notification

Srinagar, the 24th September, 2021.

SO–328.—In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Lieutenant Governor is pleased to direct that the following shall be added as fourth proviso to rule 11 of the Jammu and Kashmir Civil Services (Temporary Service) Rules, 1961 as contained in Schedule IX of Jammu and Kashmir Civil Service Regulations, Vol. II ; namely :—

"Provided that the Temporary Government Employee(s) who is/are appointed or brought on regular establishment on or after 01-01-2010 and retires on superannuation or is discharged form service or is declared invalid for further service shall be eligible for gratuity at the rate of 1/3rd of a month's pay for each completed year of the his service, provided that he had completed not less than five years continuous service at the time of retirement, discharge or invaildment.

Further, in the event of death of such a Temporary Government Servant while in service his family shall be eligible for Death Gratuity on the scale and subject to the conditions as defined under Rule 11(b) above.

This shall be deemed to have been incorporated in the Rules w. e. f 01-01-2010, the date of commencement of Defined Contributory New Pension Scheme (NPS)."

(Sd.) ATAL DULLOO, IAS,

Financial Commissioner, Additional Chief Secretary, Finance Department.

No. 26-c] The J&K Official Gazette, 24th Sept., 2021/2nd Asv., 1943. Fri. —————————————————————————————————

EXTRAORDINARY REGD. NO. JK–33

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT— DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS (Power Section)

Notification

Srinagar, the 24th September, 2021.

SO–329.—In exercise of the powers conferred by sub-section (1) of section 20 of the Code of Criminal Procedure 1973, the Government hereby appoint following Naib Tehsildars to be the Executive Magistrates who shall exercise all the powers of an Executive Magistrate within their territorial jurisdiction as may be assigned to them by District Magistrate Kulgam.

S. No Name of Officer/ —————————————————————————————

S/Shri

1. Hyder Hussain Bhat

2. Mohd. Waseem Allie

3. Anwar-ul- Haq

4. Rashid-ul- Haq

5. Aijaz Ahmad Bhat

6. Shabir Ahmad Ganie

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to the Government.

No. 26-d] The J&K Official Gazette, 28th Sept., 2021/6th Asv., 1943. Tue. —————————————————————————————————

EXTRAORDINARY REGD. NO. JK–33

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT— DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

(Power Section)

Notification

Srinagar, the 28th of September, 2021.

SO–330.—In exercise of the powers conferred by sub-section (1) of section 20 of the Code of Criminal Procedure 1973, the Government hereby appoint following officers to be the Executive Magistrates who shall exercise all the powers of an Executive Magistrate within their territorial jurisdiction of District Budgam.

S. No Name of the Officer Designation —————————————————————————————

S/Shri

1. Abid Hussain Godda Naib Tehsildar

2. Shabeer Ahmad Ganie Naib Tehsildar

3. Mohammad Furkan Mir Naib Tehsildar

4. Rais Ahmad Rather Naib Tehsildar

5. Makhtar Ahamd Parry Naib Tehsildar

6. Zubair Ahamd Wani Naib Tehsildar

7. Shah Mohammad Asif Naib Tehsildar

8. Feroz Ahamd Lone Naib Tehsildar

9. Muzaffar Ahamd Khan Naib Tehsildar

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to the Government.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 133] Jammu, Tue., the 28th Sept, 2021/6th Asv., 1943. [ No. 26-e

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

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

separate compilation

–––––––––––––––––––––––––––––––––––––––––––––––––––––– PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT— DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS (Power Section)

Notification

Srinagar, the 28th September, 2021.

SO–331.—In exercise of the powers conferred by sub-section (1) of section 20 of the Code of Criminal Procedure 1973, the Government hereby appoint following officers to be the Executive Magistrates who shall exercise all the powers of an Executive Magistrate within their territorial jurisdiction of District Doda :—

3

S. Name of the Officer Designation/Place of posting No. ————————————————————————————— 1 2 —————————————————————————————

S/Shri

1. Mohd. Sabar Naib Tehsildar Bhella, Tehsil Bhella

2. Manish Kumar Verma Naib Tehsildar Chinta, Tehsil Bhaderwah

   2   The   J&K  Govt.  Gazette,  28th   Sept.,  2021/6th   Asv.,  1943.   [No.  26-e
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1        2                                 3
—————————————————————————————
    S/Shri
3.  Dr. Zaffar Iqbal          Naib Tehsildar Kandote, Tehsil Thathri
4.  Parkash Singh             Naib Tehsildar Assar, Tehsil Assar
5.  Bitty Singh               Naib Tehsildar Chilli Paine, Tehsil Gandoh
6.  Rahul Kumar               Naib Tehsildar Chiralla, Tehsil Chiralla
7.  Pritam Singh              Naib Tehsildar Khellani, Tehsil Doda
8.  Harjeet  Kumar            Naib Tehsildar Kalhota, Tehsil Doda
9.  Deepak  Khajuria          Naib Tehsildar Athker (Sartingle), Tehsil

Bhaderwah

10. Rahul Singh Rana Naib Tehsildar Bhella, Tehsil Bhalla

11. Shambu Nath Naib Tehsildar Thatri, Tehsil Thatri

12. Tariq Aziz Naib Tehsildar Khara, Tehsil Kahara

13. Mohd. Azeem Naib Tehsildar Sinoo, Tehsil Gandoh

14. Zaffar Iqbal Naib Tehsildar PA to Deputy

Commissioner Doda

15. Bishan Dutt Naib Tehsildar Changa, Tehsil Gandoh

16. Umar Farooq Naib Tehsildar ARA to DC Doda

17. Vikramjit Singh Naib Tehsildar Taintly, Tehsil Gandoh

18. Mohd. Aasim Naib Tehsildar Pranoo, Tehsil Doda

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to the Government.

EXTRAORDINARY REGD. NO. JK––33

T H E

JAMMU AND KASHMIR OFFICIAL GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Tue., the 5th Oct., 2021/13th Asv., 1943. [No. 27-e ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government–Notifications.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 5th of October, 2021.

SO–339.—In exercise of the powers conferred by sections 24 and 25 of the Code of Criminal Procedure, 1973, the Government hereby appoints the below mentioned officers of the Jammu and Kashmir Prosecution Service, as Public Prosecutor(s)[PPs]/Additional Public Prosecutor(s)[Apps]/Special Public Prosecutor[Spl. PP] and Assistant Public Prosecutor(s) [Asstt. PP] for conducting criminal cases in the Courts indicated against each :

S. Name of the Designation and Name of the Court

No. Officer

————————————————————————————

1 2 3

———————————————————————————— 1. Sanjay Kohli Additional PP in the Court of Fast

Track Court, Ramban.

2. Anil Mangotra Special PP in the Court of 3rd

Additional District and Sessions Judge, Jammu (Designated Court for NIA Cases).

2 The J&K Official Gazette, 5th Oct., 2021/13th Asv., 1943. [No. 27-e ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2

3

———————————————————————————— 3. Koushal Kumar PP in the Court of Principal District

Kotwal and Sessions Judge, Udhampur.

4. Mohammad Syed Assistant PP in the Courts of :

1. Chief Judicial Magistrate, Rajouri. 2. Special Mobile Magistrate, Rajouri. 3. District Mobile Magistrate (Traffic), Rajouri. 4. Juvenile Justice Board, Rajouri.

5. Mirza Zahid Khalil Assistant PP in the Court of Chief Judicial Magistrate, Sopore. He shall continue to conduct the prosecution of the criminal cases in the Court of Additional Special Mobile Magistrate, Chandoosa.

6. Hasrat Parvaiz Assistant PP in the Court of Sub-

Judge, Surankote. She shall continue to conduct the prosecution of the criminal cases in the Court of Additional Special Mobile Magistrate, Surankote.

By order of the Government of Jammu and Kashmir.

(Sd.) RASHID RAINA, KAS,

Under Secretary to the Government.

No. 34-b] The J&K Official Gazette, 20th Nov., 2021/29th Kart., 1943. Sat. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I-B

Jammu and Kashmir Government––Notifications.

––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—FOREST, ECOLOGY AND

ENVIRONMENT DEPARTMENT

Notification

Srinagar, the 20th of November, 2021.

SO-360.—In exercise of the powers conferred by sections 76 and

76A for the Indian Forest Act, 1927 (16 of 1927), and in partial modification

of Notification SO-78 of 2020 dated 28-02-2020 and SO-79 of 2020 dated

28-02-2020, the Lieutenant Governor hereby directs that "for words and

figure "section 76" appearing in the said notification, the words and

figures "section 76 and section 76A" shall be substituted."

This notification shall come into force with immediate effect.

By order of the Lieutenant Governor.

(Sd.) SANJEEV VERMA, IAS,

Commissioner/Secretary to Government,

Forest, Ecology and Environment Department.

.

No. 30-d] The J&K Official Gazette, 25th Oct., 2021/3rd Kart., 1943. Mon. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I—B

Jammu and Kashmir Government––Notifications.

––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOUSING AND URBAN

DEVELOPMENT DEPARTMENT

Notification

Jammu, the 25th October, 2021.

SO-366.—In exercise of the powers conferred by sub-section (2) of

section 27 of the Jammu and Kashmir Municipal Act, 2000, the Government

hereby notifies the name of Mst. Musarat Nissar W/o Nissar Ahmad Mircha,

Member, Ward No. 13, Municipal Council, Sopore, to have been declared

as elected President of the Municipal Council, Sopore, for the remainder

period.

By order of the Government of Jammu and Kashmir.

(Sd.) DHEERAJ GUPTA, IAS,

Principal Secretary to the Government,

Housing and Urban Development Department.

.

EXTRAORDINARY REGD. NO. JK––33

T H E

JAMMU AND KASHMIR OFFICIAL GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 134] Jammu, Tue., the 2nd Nov., 2021/11th Kart., 1943. [No. 31-h ––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I—B

Jammu and Kashmir Government–Notifications. ––––––––– GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—FINANCE DEPARTMENT (CODES DIVISION)

Notification

Jammu, the 2nd November, 2021.

S.O.–375.—In exercise of powers conferred under section 67 of Jammu and Kashmir Reorganization Act, 2019, the Lieutenant Governor,Union Territory of Jammu and Kashmir is pleased to delegate his Financial Powers to accord Administrative Approvel in favour of the Officers of Rural Development Department, to the extent as in indicated under :-

S. Nature of To whom delegated Extent Remarks

No. Power

———————————————————————————————————

1 2 3 4 5

———————————————————————————————————

1. To accord Additional District Upto Rs.15.00 Subject to the

Administrative Development Lakhs condition that

Approval Commissioner work has been

Assistant Upto Rs. 10.00 approved in

Commissioner Lakhs Capex/Revenue

Development

component of 2 The J&K Official Gazette, the 2nd Nov., 2021/11th Kart., 1943. [No. 31-h ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

———————————————————————————— District Panchayat Budget and funds Officer Upto Rs. 5.00 are available.

Lakhs

Block Development Upto Rs. 2.00

Officer Lakhs

By order of the Lieutenant Governor.

(Sd.) ATAL DULLOO, IAS,

Financial Commissioner

(Additional Chief Secretary),

Finance Department.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 134] Jammu, Tue., the 10th Dec, 2019/19th Agra., 1941. [No. 36-f

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

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

separate compilation

–––––––––––––––––––––––––––––––––––––––––––––––––––––– PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT— FOREST, ENVIRONMENT AND ECOLOGY DEPARTMENT

Notification

Jammu, the 10th of December, 2019.

SO-29—Whereas, the areas specified in Annexure "A" to this notification has adequate fauna, floral, geomorphology and natural significance for the purpose of protecting, propagating and developing wildlife and its environment.

Now, therefore, in exercise of powers conferred by sub-section (1) of section 18 of the Wildlife (Protection) Act 1972, the Government hereby declares its intention to constitute the said area as Mughlan Goral Wildlife Conservation Reserve.

By order of the Government of Jammu and Kashmir

(Sd.) Manoj Kumar Dwivedi, IAS,

Commissioner/Secretary to the Government, Forest, Ecology & Environment Department.

2 The J&K Official Gazette, 10th Dec., 2019/19th Agra., 1941. [No. 36-f ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Annexure to Notification S.O.-29 dated 10-12-2019

Name : Gambir Mughlan Goral Wildlife Conservation Reserve

District : Rajouri and Poonch

Forest Division : Rajouri and Poonch

Tehsil : Manjakote, Thanamandi and Surankote

Forest Range : Rajouri and Surankote

Area : 2130 Hectares or 21.30 Sq. Km.

Compartments : 88/R, 89/R & 90/R of Gambir Block, compartment

No.104/R, 105/R, 106/R of Thanamandi Block,

compartment No 82/R, 83/R & 84/R of Kotli Block of

Rajouri Range of Forest Division Rajouri, compartments

65/S & 66/S of Bufliaz Block of Surankote Range of

Poonch Forest Division

Map : Annexed as annexure "B"

The proposed area viz, Gambir Mughlan Goral Wildlife Conservation

Reserve derives its name from village Gambir Mughlan which is located in

close vicinity of the proposed area in districts of Rajouri and Poonch.

The proposed area is about 35 Kms North West of Rajouri town on

Rajouri Poonch Road and is spread in two districts of Rajouri and Poonch.

The area is located between 74°-19 to 75°-20 East Latitude and 30°-33 to

33°-34 North Latitude.

The proposed Conservation Reserve encompasses an area of 21.30

Sq. Km. comprising of compartments No. 88/R, 89/R & 90/R of Gambir

Block, compartments No. 104/R, 105/R, 106/R of Thanamandi Block,

compartment No 82/R, 83/R & 84/R of Kotli Block of Rajouri Range of

Forest Division Rajouri, compartments 65/S & 66/S of Bufliaz Block of

Surankote Range of Poonch Forest Division.

No. 36-f] The J&K Official Gazette, 10th Dec., 2019/19th Agra., 1941. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

B. Boundaries:

East Rajdhani village.

West Sangiot village.

North Draba village

South Pir Kalewa Peak

C. A brief account of the Flora, Fauna and altitude of the proposed

area is as follow :

(i) FLORA :—The vegetation of the proposed area is dominated by various herbs, sherbs and different species of grass. The main flora of the proposed area is Oak (Quercus incana). However, there is diversity in vegetation when we see it block-wise/Range-wise. The Co. Nos. 104/R, 105/R & 106/R of Thanna Mandi, Block have Oak (Quercus incana) as major crop having scattered trees of Chaandra and Rhododendron. The Comptt.Nos 88/R, 89/R & 90/R of Gambir Block and Comptt. Nos. 82/R, 83/R & 84/R of Kotli Block of Rajouri Range also have Oak (Quercus incana) is a major crop mixed with chir (Pinus roxburghii) trees and scattered trees of Rhododendron and wild walnut (Juglans regia).

This area also have viburnam & berberis bushes as under growth. The comptt. 65/S & 66/S of Forest Range Surankote of Poonch Forest Range have Oak (Quercus incana) as a major crop with scattered pole crop of kail (Pinus wallichiana) and sum (Fraxiuns excelsa).

(ii) FAUNA:— The area is rich and diverse in faunal species due to altitudinal variation of climatic conditions. The prominent mammal species in the area is Goral (Nemorhaedus goral), a goat like animal holding an intermediate position between goat and antelope. A small population of goral was reported in 1996-97 after the survey conducted by the Wildlife Protection Department. Western Tragopan is reported from the higher reaches of the proposed area adjoining Dehra Ki Gali. The key faunal species include as below :

1. Common Leopard Panthera padus

2. Asiatic Black Bear Ursus thibetanus

3. Jackal Canis aureus

   4  The   J&K  Official   Gazette,  10th   Dec.,  2019/19th   Agra.,  1941.   [No.  36-f
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
4.   Wild Boar                  Sus scrofa
5.   Porcupine                  Hystrix indica
6.   Indian Hare                Lepus nigricollis
7.   Kalij Pheasant             Lophura leucomelanos
8.   Western  Tragopan          Tragopan melanocephalus
9.   Pea  fowl                  Pavo cristatus

Climate & altitude :

The proposed area falls in the temperate zone and experiences moderate summers and cold winters with snowfall. The altitude of the proposed area varies between 1800-3400 mtr. from MSL.

No. 36-f] The J&K Official Gazette, 10th Dec., 2019/19th Agra., 1941. 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

6 The J&K Official Gazette, 10th Dec., 2019/19th Agra., 1941. [No. 36-f ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 132] Jammu, Tue., the 10th Dec, 2019/19th Agra., 1941. [No. 36-g

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

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

separate compilation

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

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT— FOREST, ENVIRONMENT AND ECOLOGY DEPARTMENT

Notification

Jammu, the 10th of December, 2019.

SO-30.—Whereas, the areas specified in Annexure "A" to this notification has adequate fauna, floral, geomorphology and natural significance for the purpose of protecting, propagating and developing wildlife and its environment.

Now, therefore, in exercise of powers conferred by sub-section (1) of section 18 of the Wildlife (Protection) Act, 1972, the Government hereby declares its intention to constitute the said area as Bani Wildlife Sanctuary.

By order of the Government of Jammu and Kashmir

(Sd.) MANOJ KUMAR DWIVEDI, IAS,

Commissioner/Secretary to Government, Forest, Ecology & Environment Department.

2 The J&K Official Gazette, 10th Dec., 2019/19th Agra., 1941. [No. 36-g ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Annexure to Notification SO-30 dated 10-12-2019

Name : Bani Wildlife Sanctuary

District : Kathua

Forest Division : Basohli Forest Division

Tehsil : Bani

Forest Range : Bani

Area : 9976 Hectares or 99.76 Sq.Km.

Compartments : 32/Bani, 35/Bani of Block Roulka ; compartments 36/

Bani, 37/Bani, 38/Bani, 39/Bani, 40/Bani, 41/Bani, 42A/

Bani, 42B/Bani, 43/Bani, 44/Bani, 45A/Bani, 45B/Bani,

46/Bani, 47/Bani, 48/Bani, 49/Bani, 50/Bani, 51/Bani, 52/

Bani of Sarthal Block and compartments 55/Bani, 56/

Bani, 57/Bani, 58/Bani, 59/Bani, 60/Bani of Block

Lowang of Bani Range Basholi Forest Division.

Map Annexed as Annexure "B"

The proposed protected area shall be named as Bani Wildlife Sanctuary

after the name of town Bani which is Sub-Division of District Kathua and

Range of Forest Division of Basohli. The aesthetic, ecological, faunal and

floral significance of the area makes it fit for declaring Wildlife Sanctuary.

The proposed area is about 37 Km. from the Bani town. It falls in

Sub-Division Bani, District Kathua. The proposed sanctuary is situated at a

distance of 200 Km. via Mahanpur from nearest District Headquarter,

Kathua. The proposed area is about 43 Km. from Bhaderwah town.

The proposed area is spread over an area of 99.76 Sq. Km. and is

situated between the Chatter Gala ridge and Sunbain glaciers in North,

State boundary with Himachal Pradesh in Northeast, Kunsun-da-Naal in

Southwest, boundaries of compartments 59/Bani, 55/Bani, 52/Bani, 51/Bani,

46/Bani, 43/Bani, 44/Bani, 42b/Bani, 40/Bani, 39/Bani, 37/Bani, 36/Bani,

35/Bani, 32/Bani, and 31/Bani in South and Southeast, Spur starting from

Kaplash Kund towards South upto Nukunwal in west and Chatter Gala

ridge towards Kaplash Kund Northwest.

No. 36-g] The J&K Official Gazette, 10th Dec., 2019/19th Agra., 1941. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– B. Boundaries :

North : Chatter Gala ridge and Sunbain glaciers

North-East : State boundary with Himachal Pradesh

North-West : Chatter Gala ridge towards Kaplash Kund

Southwest : Kunsun da Naal

South : Boundaries of compartments 59/Bani, 55/Bani, 52/Bani, 51/

Bani, 46/Bani, 43/Bani, 44/Bani, 42b/Bani, 40/Bani, 39/Bani,

37/Bani, 36/Bani, 35/Bani, 32/Bani, and 31/Bani

West : Spur starting from Kaplash Kund towards south upto

Nukunwal

The proposed area lies between

32°47'16.654 "N to 32°53'33.524": North Latitude

74°41'1.92" E to 75°52'4.455" East Latitude

C. A brief account of the Flora, Fauna, of the proposed area is as follows:—

(i) Flora :

Banj oak Forests, Moru oak Forests, Kharsu oak Forest, Deodar

Forest, Deodar Kail Forests, Fir/Spruce Forests. The common

species found in the area are Deodar, Fir, Spruce, Kharsu oak,

Banj oak, Moru oak, Kail etc.

(ii) Fauna :

Prominent species of mammals are found within the limits of the

proposed and adjoining area and their status as per IUCN and

Jammu and Kashmir Wildlife (Protection) Act, 1978 (amended

upto 2002) is as under :—

1. Himalayan Tahr (Karth) Hemitragus jemlabicus (Near

Threatened category species/Schedule-I) occurs in steep and

rocky slopes with mode rate forest cover. It is key species of the

area. A small population of the animal inhabits the area especially

in compartments 36/Bani, 38/ Bani, 42A/Bani and 42B/Bani.

4 The J&K Official Gazette, 10th Dec., 2019/19th Agra., 1941. [No. 36-g ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

2. Musk Deer (Kastura/Rauns) Moschus moschifera (Endangered/Schedulel) occurs in steep and dense forested areas.

3. The Grey Himalayan Goral (Pijjar), Nemorhaedus goral (Near Threatened category species/Schedule-III) occurs in open rugged grassy hills or rocky ground from 1000m to 3000m.

4. Serow (Urred) Nemorhaedus sumatrensis (Vulnerable/ Schedule-I) occurs in open Kail Forests with good grass cover and steep patches.

5. The Barking Deer (Kakkar) Montiacus montjak (Vulnerable/

Schedule I) occurs in thick forest upto 2500m.

6. The Hog Deer (Parra) Axis porcinus (Endangered/Schedule

IV) found in all tracks.

7. Brown Bear (Lal Bhalu or reech), Ursos arctos (Least Concern/ Schedule I) occurs in open peaks high above the tree line.

8. Black Bear (Kala Bhalu or Reech), Ursos thibetanus (Least Concern/Schedule I) occurs in variety of forested habitats in lower to mid elevations (3000-3500m).

9. Common Leopard (Chitra), Panthera pardus (Vulnerable/

Schedule I) occurs in all areas of the valley but rare.

10. Red fox Vulpus Vulpus montana (Least Concern/ Schedule-

IV) occurs in upper temperate and sub-temperate area.

11. Snow leopard Panthera uncia uncia (Vulnerable/Schedule-I) As per working plan, the animal is probably found in Sarthal and Lowang area in upper regions from 3500m to 4000m.

(iii) Birds :

Some species of birds are found within the limits of the proposed and adjoining area and their status as per IUCN and Jammu and Kashmir Wildlife (Protection) Act, 1978 (amended upto 2002) is as under :—

° Himalayan Monal Pheasant (Neel) Lophophorus impejanus (Least Concern/Schedule I) occurs in moderate forest cover, mid to higher elevations.

No. 36-g] The J&K Official Gazette, 10th Dec., 2019/19th Agra., 1941. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ° Koklass pheasants (Ceriornis macrolophus) found in upper

parts. Western Tragopan (Mancheer), Tragopan melanocephalus

(Vulnerable/Schedule-I) occurs in moderate forest cover, mid to

higher elevations.

° White-crested Khaleej Pheasant (Chamman) Lophura

leucomelanos (Least Concern/Schedule I) occurs in oak forests

upto 3000m.

° Himalayan Snow Cock (Ram Chakor/Gur Kakkoo)

Tetragallus himaleyensis (Least Concern) occurs on topmost

portion of the Bani area.

° Himalayan Griffon Vulture Gyps himalayensis (Near

Threatened) found on higher zone.

° Himalayan Golden Eagle Aquila chrysaetos dephanea (Least

Concern/Schedule-I)

° Cheer Pheasant Catreus wallaichi (Vulnerable/Schedule I)

found on broken hill sides of ravines, covered with tall grass,

scrub and Oak Forests.

Climate :

The proposed area experiences temperate climate. Severe winter and

moist summer are the main climatic phenomenon of this area. There is also

heavy snowfall during the winters.

6 The J&K Official Gazette, 10th Dec., 2019/19th Agra., 1941. [No. 36-g ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. 36-g] The J&K Official Gazette, 10th Dec., 2019/19th Agra., 1941. 7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Cite this issue. Jammu and Kashmir Gazette, Government of Jammu and Kashmir, 27 January 2022. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jammuandkashmir.2022-01-27.44/. Archive identifier in.gazette.jammuandkashmir.2022-01-27.44.