THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
Vol. 134]
Jammu, Thu., the 24th March, 2022/3rd Chai., 1944. [ No. 52
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART
I-A— Appointments, promotions, transfers and leave
of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART
II-A– Appointments, promotions, transfers and leave
of
absence
sanctioned
by
Heads
of
Departments ....
PART
II- B– Notifications, Notices and Orders by Heads of
Departments, Provincial Heads, Magistrates and
other officers competent to issue public notices
under any law or rule ....
PART
II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department, Election Petitions and Judgements
of Election Tribunal
....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette or
Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts
....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
840-862
669-676
103-104
431-436
301-302
153-156
840
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PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT
JAMMU
(Exercising powers of Bar Council under Section 58 of the Advocates
Act, 1961).
Notification
No. 1514 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Mandeep Singh S/o Pritam Singh R/o Handar, Tehsil Arnas, District
Reasi has been admitted and enrolled as an Advocate on the Rolls of
Jammu and Kashmir Bar Council provisionally for a period of one year
from the date of issuance of this notification, subject to the verification
of his Provisional/LL.B Degree Certificate from the concerned
University and verification of his character and antecedents from CID.
His name has been entered under Serial No. JK-873/2021 in the Roll
of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1515 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Maqsood Ahmed S/o Mohd Bashir R/o Hari, Ghran Choudhria,
Tehsil Surankote, District Poonch has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
No. 52]
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944.
841
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subject to the verification of his Provisional/LL.B Degree Certificate
from the concerned University and verification of his character
and antecedents from CID. His name has been entered under Serial
No. JK-874/2021 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1516 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Mehnaz Tabassum D/o Mohd Arshad Malik R/o Sanat Nagar,
Mohalla L. D. Colony, Goripura, Srinagar A/P Street Walia-Abad,
Sidhra, Jammu has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of
one year from the date of issuance of this notification, subject to the
verification of her Provisional/LL.B Degree Certificate from the
concerned University and verification of her character and antecedents
from CID. Her name has been entered under Serial No. JK-875/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1517 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Mudasir Qadir S/o Gh. Qadir Hajam R/o Surasyar, Hajam Mohalla,
Tehsil Chadoora, District Budgam has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
842
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for a period of one year from the date of issuance of this notification,
subject to the verification of his Provisional/LL.B Degree Certificate
from the concerned University and verification of his character
and antecedents from CID. His name has been entered under Serial
No. JK-876/2021 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1518 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Narinder Singh S/o Shanti Parkash R/o Pora Balla, Tehsil Bhalessa
Gandoh, District Doda has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a
period of one year from the date of issuance of this notification, subject
to the verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-877/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1519 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Neesha Bharti D/o Babu Ram R/o Karwanda, Tehsil Bhalwal,
District Jammu has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of
No. 52]
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944.
843
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one year from the date of issuance of this notification, subject to the
verification of her Provisional/LL.B Degree Certificate from the
concerned University and verification of her character and antecedents
from CID. Her name has been entered under Serial No. JK-878/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1520 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Naseer Ahmad Lone S/o Ghulam Mohmmad Lone R/o Arabal,
Shalimar, Tehsil Hazratbal, District Srinagar has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-879/2021 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1521 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Nadiya Reyaz D/o Reyaz Ahmad Wani R/o Kanli Bagh, Baba Reshi
Road, Chinar Bagh, Baramulla has been admitted and enrolled as an
844
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Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of her Provisional/LL.B Degree Certificate
from the concerned University and verification of her character
and antecedents from CID. Her name has been entered under Serial
No. JK-880/2021 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1522 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Nikita Singh D/o D. S. Rathore R/o F-1808, Rathore Street-1,
Shastri Nagar, Near Dogra Academy School, Jammu has been admitted
and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar
Council provisionally for a period of one year from the date of issuance
of this notification, subject to the verification of her Provisional/LL.B
Degree Certificate from the concerned University and verification of her
character and antecedents from CID. Her name has been entered under
Serial No. JK-881/2021 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1523 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Nisha Dev D/o Bishan Dass R/o Village Nandpur, P/O Nandpur,
No. 52]
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944.
845
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Tehsil Arnia, District Jammu has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of her Provisional/LL.B Degree Certificate
from the concerned University and verification of her character
and antecedents from CID. Her name has been entered under Serial
No. JK-882/2021 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1525 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Neenu Kumari D/o Ramesh Kumar R/o Paryote P/O Khellani,
Tehsil and District Doda has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a
period of one year from the date of issuance of this notification, subject
to the verification of her Provisional/LL.B Degree Certificate from the
concerned University and verification of her character and antecedents
from CID. Her name has been entered under Serial No. JK-883/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1526 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Nitin Azad S/o Bishan Lal R/o Village Khamb, Tehsil R. S. Pura,
846
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District Jammu has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of
one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-884/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1527 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Nadiya Jan D/o Abdul Gani Wani R/o Wangund, Qazigund, Tehsil
Doru, District Anantnag has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a
period of one year from the date of issuance of this notification, subject
to the verification of her Provisional/LL.B Degree Certificate from the
concerned University and verification of her character and antecedents
from CID. Her name has been entered under Serial No. JK-885/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1528 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Poonam Langer D/o Rajesh Langer R/o H. No. 70/21, Sector 1-A,
No. 52]
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944.
847
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South Extension, Trikuta Nagar, Jammu has been admitted and enrolled
as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of her Provisional/LL.B Degree
Certificate from the concerned University and verification of her
character and antecedents from CID. Her name has been entered under
Serial No. JK-886/2021 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1529 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Peer Hanan Shafiq Ahmad S/o Peer Shafiq Ahmad R/o Prannbawan,
Mattan, District Anantnag has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a
period of one year from the date of issuance of this notification, subject
to the verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-887/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1530 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Parmeet Kumar S/o Prithvi Raj R/o Village Panthan, Tehsil Bhella,
848
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District Doda A/P H. No. 103, Sector No. 2, Pamposh Colony, Janipur,
Jammu has been admitted and enrolled as an Advocate on the Rolls of
Jammu and Kashmir Bar Council provisionally for a period of one year
from the date of issuance of this notification, subject to the verification
of his Provisional/LL.B Degree Certificate from the concerned
University and verification of his character and antecedents from CID.
His name has been entered under Serial No. JK-888/2021 in the Roll
of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1531 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Pallvi Prasher D/o Rameshwar Sharma R/o V. P. O. Roun Domail,
Ward No. 1, Tehsil and District Udhampur has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of her Provisional/LL.B Degree
Certificate from the concerned University and verification of her
character and antecedents from CID. Her name has been entered under
Serial No. JK-889/2021 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1532 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Qadeer Ahmed S/o Mir Hussain R/o Bhata Dhurian, Tehsil Mendhar,
No. 52]
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944.
849
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District Poonch has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of
one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-890/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
(Sd.) MOHAMMAD YASIN BEIGH,
Registrar (Adm.).
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
(Office of the Registrar General at Jammu).
Notification
Subject :—Winter Vacations.
–––––––
No. 1534 of 2021/RG/NG Dated 17-12-2021.
It is hereby notified for the information of all concerned that the
Subordinate Courts in Kashmir Province and the Courts located in
District Kishtwar, District Doda, and Courts located at Batote, Gool,
Banihal and Ukhral in District Ramban and Bani in District Kathua of
Jammu Division in the Union Territory of Jammu and Kashmir as well
as all Courts located in the Union Territory of Ladakh shall observe 15
days winter vacations with effect from 03-01-2022 to 17-01-2022 (both
days inclusive).
The Principal District and Sessions Judges and Chief Judical
Magistrates of the concerned Districts shall make the suitable
arrangements for disposal of urgent criminal business arising during the
850
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period of such vacations in the areas within their respective
jurisdications.
By order.
(Sd.) JAWAD AHMAD,
Registrar General
––––––––
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT
JAMMU
(Exercising powers of Bar Council under Section 58 of the Advocates
Act, 1961).
Notification
No. 1554 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Rahul Aggarwal S/o Deepak Aggarwal R/o 5, New Mohinder Nagar,
Canal Road, Jammu has been admitted and enrolled as an Advocate on
the Rolls of Jammu and Kashmir Bar Council provisionally for a period
of one year from the date of issuance of this notification, subject to
the verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-891/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1555 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Rajit Raina S/o Ved Parkash R/o Greater Kailash, Fawara Chowk,
Lane No. 30 District Jammu has been admitted and enrolled as an
No. 52]
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944.
851
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of his Provisional/LL.B Degree Certificate
from the concerned University and verification of his character
and antecedents from CID. His name has been entered under Serial
No. JK-892/2021 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1556 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Rajat Singh S/o Lakhbir Singh R/o Lane No. 53, Grater Kailash,
District Jammu has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of
one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-893/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1557 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Rushali D/o Ashok Sharma R/o Doongi Brahamana, Sasalkote,
District Rajouri A/P C/o Ashoka Medical Hall, Town Hall, District
Rajouri has been admitted and enrolled as an Advocate on the Rolls of
Jammu and Kashmir Bar Council provisionally for a period of one year
852
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from the date of issuance of this notification, subject to the verification
of her Provisional/LL.B Degree Certificate from the concerned
University and verification of her character and antecedents from CID.
Her name has been entered under Serial No. JK-894/2021 in the Roll
of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1558 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Rimsha Suri D/o Rajinder Kumar Suri R/o H. No. 232, Colonel’s
Colony, Bohri, Talab Tillo, District Jammu has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of her Provisional/LL.B Degree
Certificate from the concerned University and verification of her
character and antecedents from CID. Her name has been entered under
Serial No. JK-895/2021 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1559 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Rupali Gupta D/o Raj Kumar Gupta R/o H. No. 108, L. No. 27,
Rajpura Mangotrian, District Jammu has been admitted and enrolled as
an Advocate on the Rolls of Jammu and Kashmir Bar Council
No. 52]
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944.
853
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provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of her Provisional/LL.B Degree
Certificate from the concerned University and verification of her
character and antecedents from CID. Her name has been entered under
Serial No. JK-896/2021 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1560 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Rehana Akhter D/o Gh. Mohd Nasir R/o Markoot Gurez, Tehsil
Gurez, District Bandipota has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a
period of one year from the date of issuance of this notification, subject
to the verification of her Provisional/LL.B Degree Certificate from the
concerned University and verification of her character and antecedents
from CID. Her name has been entered under Serial No. JK-897/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1561 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Raghav Pratap Sharma S/o Ravi Pratap Sharma R/o H. No. 285,
F-9, Sector-14, Nanak Nagar, Jammu has been admitted and enrolled
as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
854
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notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-898/2021 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1562 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Ruman Khan S/o Shabir Ahmad Khan R/o H. No. 163, Umarabad,
Sector-B, Peerbagh, Srinagar has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of his Provisional/LL.B Degree Certificate
from the concerned University and verification of his character
and antecedents from CID. His name has been entered under Serial
No. JK-899/2021 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1563 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Rohail Shamim Wani S/o Shamim Ahmed Wani R/o Village Jathi,
Tehsil Assar, District Doda A/P 126, Town Hill Colony, Nowabad,
Sunjwan Road, Jammu has been admitted and enrolled as an Advocate
on the Rolls of Jammu and Kashmir Bar Council provisionally for a
period of one year from the date of issuance of this notification, subject
No. 52]
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944.
855
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
to the verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-900/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1564 of 2021/RG Dated 17-12-2021.
Provisional admission granted under the Advocates Act, 1961
in favour of Mr. Abhinav Kumar Pandotra S/o Devinder Kumar
Pandotra R/o Ward No. 1, Nai Basti, Tehsil and District Reasi vide
Notification No. 1017 dated 09-01-2020 for a period of one year has
been extended till 31-12-2022 subject to the verification of his
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. 1565 of 2021/RG Dated 17-12-2021.
Provisional admission granted under the Advocates Act, 1961
in favour of Mr. Nishant Mahajan S/o Mohinder Paul R/o Ward
No. 6, Tehsil and District Kathua vide Notification No. 1049
dated 09-01-2020 for a period of one year has been extended till
31-12-2022 after condonation of delay, subject to the verification of his
Certificates/LL.B Degree from the concerned University and verification
of his character and antecedents from the CID.
856
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944. [ No. 52
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 1566 of 2021/RG Dated 17-12-2021.
Provisional admission granted under the Advocates Act, 1961
in favour of Ms. Shivali Chib D/o Naresh Kumar R/o 635-Subash Nagar,
Jammu vide Notification No. 1143 dated 10-01-2020 for a period of one
year has been extended till 31-12-2022 after condonation of delay,
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. 1567 of 2021/RG Dated 17-12-2021.
Provisional admission granted under the Advocates Act, 1961
in favour of Mr. Aftab Alam S/o Mohd Alam R/o Ward No. 4, District
Rajouri vide Notification No. 1340 dated 19-02-2020 for a period of
one year has been extended till 31-12-2022 subject to the verification
of his Certificates/LL.B Degree from the concerned University and
verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
No. 52]
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944.
857
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
No. 1568 of 2021/RG Dated 17-12-2021.
Provisional admission granted under the Advocates Act, 1961
in favour of Mr. Irfan Ali Bhat S/o Mohd Jamal Bhat R/o Odina
Sonawari, Tehsil Sumbal, District Bandipora vide Notification No. 920
dated 22-11-2019 for a period of one year has been extended till
31-12-2022 subject to the verification of his Certificates/LL.B Degree
from the concerned University and verification of his character and
antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1569 of 2021/RG Dated 17-12-2021.
Provisional admission granted under the Advocates Act, 1961
in favour of Ms. Tanu Sharma D/o Raj Kumar R/o Village Chack,
Sardar Desa Singh, Tehsil and District Kathua vide Notification No. 834
dated 21-09-2019 for a period of one year has been extended till
31-12-2022 after condonation of delay, 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.
––––––––
858
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944. [ No. 52
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 1569 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Vishal Singh Chib S/o Sham Singh Chib R/o Village Dehrian, P/O
Hamirpur Sidhar, Tehsil Khour, District Jammu A/P Sua No. 1, P/O
Bathera, Tehsil Bhalwal, District Jammu has been admitted and enrolled
as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-954/2021 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1570 of 2021/RG Dated 17-12-2021.
Provisional admission granted under the Advocates Act, 1961
in favour of Ms. Tamanna D/o Thoru Ram R/o Village Kool-Kalan,
Bishnah, Jammu A/P W. No. 3, House No. 37, Adrash Colony, District
Udhampur vide Notification No. 92 dated 17-06-2019 for a period of
one year has been extended till 31-12-2022 after condonation of delay
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.
––––––––
No. 52]
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944.
859
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
No. 1570 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Varinder Singh Chib S/o Kuldeep Singh Chib R/o Purani Mandi,
H. No. 116, Jammu has been admitted and enrolled as an Advocate on
the Rolls of Jammu and Kashmir Bar Council provisionally for a period
of one year from the date of issuance of this notification, subject to
the verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-955/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1571 of 2021/RG/LP Dated 17-12-2021.
Provisional admission granted under the Advocates Act, 1961
in favour of Ms. Shivani Pawar D/o Romesh Singh R/o Bandral Kalan,
Tehsil Akhnoor, District Jammu A/P Q. No. E-96, Salal Power Station,
Jyotipura, District Reasi vide Notification No. 1186 dated 10-01-2020
for a period of one year has been extended till 31-12-2022 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.
––––––––
860
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944. [ No. 52
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 1571 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Viren Mahajan S/o Jugal Kishore Gupta R/o H. No. 121, Sector-1,
Channi Himmat, Tehsil Bahu, District Jammu has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-956/2021 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1572 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Ms. Vaishali Sharma D/o Ravi Kumar R/o H. No. 44, W. No. 15, Shakil
Nagar, Dhar Road, Udhampur has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of her Provisional/LL.B Degree Certificate
from the concerned University and verification of her character
and antecedents from CID. Her name has been entered under Serial
No. JK-957/2021 in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
No. 52]
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944.
861
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
Notification
No. 1573 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Wasiq Tak S/o Iftikhar Ahmed Tak R/o House No. 345, Mohalla
Dalpatian, Tehsil and district Jammu has been admitted and enrolled as
an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-958/2021 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 1574 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Waseem Faroze Mir S/o Ghulam Ahmed Mir R/o Gool, Near GMA
School Jamman Road, Tehsil Gool, District Ramban A/P Jakhani, Near
Jakhani Chowk, W. No. 1, District Udhampur has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-959/2021 in the Roll of Advocates maintained by this
Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
862
The J&K Official Gazette, the 24th March, 2022/3rd Chai., 1944. [ No. 52
––––––––––––––––––––––––––––––––––––––––––––––––—–––————
Notification
No. 1575 of 2021/RG Dated 17-12-2021.
It is hereby notified that vide High Court Order dated 13-12-2021
Mr. Waqar Ahmad Meyan S/o Pir Ab. Qayoom Meyan R/o Zirhama,
Tehsil Threhgham, District Kupwara A/P Al-Noor Colony, Mujgund,
District Srinagar has been admitted and enrolled as an Advocate on the
Rolls of Jammu and Kashmir Bar Council provisionally for a period of
one year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-960/2021
in the Roll of Advocates maintained by this Registry.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
(Sd.) MOHAMMAD YASIN BEIGH,
Registrar (Adm.).
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Thu., the 24th March, 2022/3rd Chai., 1944. [ No. 52
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
Subject :—Constitution of Union Territory Level Committee for
reassessment of Ground Water Resources in the Union Territory
of Jammu and Kashmir for the year-2022.
————
Government Order No. 146-JK(GAD) of 2022
Dated 10-02-2022.
Sanction is hereby accorded to the constitution of Union Territory
Level Committee, comprising the following, for reassessment of Ground
Water Resources in the Union Territory of Jammu and Kashmir for
the year-2022 :—
1. Administrative Secretary, Jal Shakti
Chairman
Department
2. Director, Rural Sanitation, J&K
Member
670 The J&K Official Gazette, 24th March, 2022/3rd Chai., 1944. [No. 52
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3. Dirrector, Agriculture, Jammu/Kashmir
Member(s)
4. Director Industries, Jammu/Kashmir
Member(s)
5. Chief Engineer, Jal Shakti (PHE),
Member(s)
Jammu/Kashmir
6. Chief Engineer, Jal Shakti (I&FC),
Member(s)
Jammu/Kashmir
7. Regional Director, Central Ground
Member-Secretary
Water Board, Jammu
8. General Manager, NABARD, Jammu
Member
9. Representative from Rural Development
Member(s)
Department and SKUAST, Jammu/
Kashmir
10. Any other Officer to be co-opted by the
Special Invitee
Chairman of the Committee, if required.
Terms of Reference :—
1. To re-assess annual water recharge of the UT in accordance with
the Ground Water Resources Estimation Methodology, 2015.
2. To estimate the status of utilization of the annual extractable Ground
Water Resources.
The Committee shall be serviced by the Jal Shakti Department.
By order of the Government of Jammu and Kashmir.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Principal Secretary to the Government.
————
No. 52] The J&K Official Gazette, 24th March, 2022/3rd Chai., 1944. 671
––––––––––––——––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Subject :—Acquisition of land measuring 08 Kanals, 18 Marlas situated in
Village Ramnagar (08 Kanals) and Rehian (18 Marlas), Tehsil
and District Samba.
—————
Notification No. 17-Rev (LAJ) of 2022
Dated 11-02-2022.
Whereas, on the basis of indent placed by the DIGP, GC, CRPF,
Bantalab, Jammu vide No. LII8/2013 GC Bldg (Samba) dated 04-09-2013,
notification under section 4(1) was issued by Collector, Land Acquisition
(ACR), Samba vide No. ACR/LAS/14-15/102-106 dated 25-06-2014 for
land measuring 08 Kanals and 18 Marlas situated at Village Ramnagar
(8 Kanals ) and Rehian (18 Marlas), Tehsil and District Samba, calling upon
the objections from the land owners/interested persons ; and
Whereas, Deputy Commissioner, Samba reported that CRPF placed
an indent for acquisition of land in question for defence purposes
and learned Custodian General, J&K was issued NOC's in respect of land
measuring 01 Kanal and 07 Marlas under Khasra No. 266 min and
recommended the case to Divisional Commissioner, Jammu vide letter
No. DCS/LAS/11-12/1431-33 dated 12-12-2011 read with No. DCS/LAS/
12-13/105-06 dated 03-05-2012, who vide No. 502/491/08/Acq/Samba/596-
98 dated 30-05-2012 forward to Financial Commissioner, Revenue, J&K,
who vide No. FC-LS/LA-4234/Samba/2012 dated 06-07-2012 endrsed to
this department for obtaining the NOC from Home Department. Home
Department issued the NOC vide No. Home/Land-Acq/38/2012 dated
23-04-2014 ; and
Whereas, pursuant to the above notifiction, no objection was received
from any one, accordingly, the Collector Land Acquisition (ACR), Samba
672 The J&K Official Gazette, 24th March, 2022/3rd Chai., 1944. [No. 52
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
vide No. ACR/LAS/2014-15/497-98 dated 27-02-2015 submitted the case
to District Collector (DC), Samba, who vide No. ACR/LAS/16-17/121-22
dated 11-11-2016 read with No. DCS/SM/LAS/20-21/841 dated 27-12-2021
forwarded to this department for issuance of declaration/notification under
sections 6 & 7 of the Land Acquisition Act, Samvat 1990 ; and
Whereas, the report furnished by Collector Land Acquisition (ACR),
Samba vide letter referred to above duly endorsed by District Collector
(DC), Samba, has been examined and it has been found that no objection
has been filed by any one for the proposed acquisition ; and
Whereas, the Government is satisfied that the aforesaid land is
required for public purposes i. e. construction of approach road situated at
Village Ramnagar (08 Kanals) and Rehian (18 Marlas), Tehsil and District
Samba.
Now, in pursuance of section 6 of the Land Acquisition Act, Samvat
1990, it is to declare that the land measuring 08 Kanals and 18 Marlas
situated at Village Ramnagar (08 Kanals) and Rehian (18 Marlas),
Tehsil and District Samba is required for public purpose i. e. construction
of approach road. Further, the Collector Land Acquisition (ACR), Samba 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, 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. The Collector/Indenting
department shall also ensure that no compensation shall be made for the
portion of land which has already been acquired for construction of approach
Road in question.
(Sd.) VIJAY KUMAR BIDHURI, IAS,
Commissioner/Secretary to the Government.
______
No. 52] The J&K Official Gazette, 24th March, 2022/3rd Chai., 1944. 673
––––––––––––——––––––––––––––––––––––––––––––––––––––––––––––
Annexure to Notification No. 17-Rev(LAJ) of 2022 Dated 11-02-2022.
District
Tehsil
Village
Khasra Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––——-
K. M.
Samba
Samba
Ramnagar
206
min
00–02
257
min
03–06
259
min
00–07
266
min
01–07
267
min
02–03
269
min
00–15
———–
Total
08–00
———–
Samba
Samba
Rehiyan
406
min
00–18
———–
Total
00–18
———–
Grand Total
08-18
———–
(Sd.) SURJEET SINGH,
Under Secretary to the Government.
————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Subject :—Acquisition of land measuring 60 Kanals and 18.5 Marlas situated
at Villaage Malhar, Tehsil Lohai Malhar, District Kathua.
—————
Notification No. 18-Rev (LAJ) of 2022
Dated 14-02-2022.
Whereas, on the basis of indent placed by the Chief Engineer, PMGSY,
JKRRDA, Jammu vide No. CEJ/PMGSY/2580-80 dated 03-05-2017,
notification under secction 4(1) was issued by Collector, Land Acquisition
(ADC), Billawer vide No. ADC/B/2017-18/1608-16 dated 06-03-2018 for
land measuring 103 Kanals and 18.5 Marlas situated at Village Malhar,
674 The J&K Official Gazette, 24th March, 2022/3rd Chai., 1944. [No. 52
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Tehsil Lohai Malhar and District Kathua, calling upon the objections from
the land owners/interested persons. A corrigendum was issued vide No.
ADC/Blr/2021-22/Acq/98-103 dated 22-05-2021 treating total land 103
Kanals and 19 Marlas instead of 103 Kanals and 18.5 Marlas and vide No.
ADC/Blr/2021-22/Acq/247-55 dated 10-11-2020 forest land measuring 43
Kanals and 05 Marlas was de-notified, hence the total land under acquisition
as per Annexure-A is 60 Kanals and 18.5 Marlas ; and
Whereas, pursuant to the above notifiction, no objection was received
from any one, accordingly, the Collector Land Acquisition vide No. ADC/
Blr/Acq/2020-21/370 dated 01-02-2021 read with No. ADC/Blr/Acq/2021-
22/269 dated 11-08-2021 and No. ADC/Blr/2021-22/Acq/376-78 dated
08-12-2021 submitted the case to District Collector(DC), Kathua for
issuance of declaration/notification under sections 6 and 7 of the Land
Acquisition Act, Samvat, 1990 ; and
Whereas, District Collector (DC), Kathua, who vide No. DCK/LA/
2020-21/1434-37 dated 31-03-2021 read with No. DCK/LA/2021-22/1152-
55 dated 09-09-2021 and No. DCK/LA/2021-22/1838-41 dated 16-12-2021
forward the case to Divisional Commissioner, Jammu, who vide No. 502/
4333/PMGSY/Malhar/Kathua/2021/1162 dated 24-09-2021 read with No.
502/4333/PMGSY/Malhar/Kathua/2021/2636 dated 26-12-2021 endorsed
to Financial Commissioner (Revenue), J&K, issuance of declaration/
notification under sections 6 & 7 of the Land Acquisition Act, Samvat, 1990
who vide No. FCR-LAND/212/2021-06-FCR (66911) forwarded to this
department for the said purpose ; and
Whereas, the report furnished by Collector Land Acquisition (ADC),
Billawer vide letter referred to above duly endorsed by District
Collector (DC), Kathua, Divisional Commissioner, Jammu and
Financial Commissioner, Revenue, J&K, has been examined and it has
been found that no objection has been filed by any one for the proposed
acquisition ; and
Whereas, the Government is satisfied that the aforesaid land is
required for public purposes i. e. construction of PMGSY road from Malhar
to Marhoon under Phase-X situated at Village Malhar, Tehsil Lohai Malhar
and District Kathua.
Now, in pursuance of section 6 of the Land Acquisition Act, Samvat
1990, it is declared that the land measuring 60 Kanals and 18.5 Marlas
No. 52] The J&K Official Gazette, 24th March, 2022/3rd Chai., 1944. 675
––––––––––––——––––––––––––––––––––––––––––––––––––––––––––––
situated at Village Malhar, Tehsil Lohai Malhar and District Kathua as per
Annexure-A is required for public purpose i. e. construction of PMGSY
road from Malhar to Marhoon under Phase-X. Further, the Collector Land
Acquisition (ADC), Billawar 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, 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. The Collector/
Indenting department shall also ensure that no compensation shall be
made for the portion of land which has already been acquired for
construction of PMGSY road in question.
(Sd.) VIJAY KUMAR BIDHURI, IAS,
Commissioner/Secretary to the Government.
______
Annexure to Notification No. 17-Rev(LAJ) of 2022 Dated 14-02-2022.
District
Tehsil
Village
Khasra Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––——-
1
2
3
4
5
—————————————————————————————
K. M.
Kathua
Lohai-Malhar
Malhar
134
min
00–07.5
1789/141
min
06–12
171
min
03–12.5
1721/1705/
1636/174
min
01–09
175
min
01–13
178
min
00–17
188
min
00–15
191
min
00–15.5
1701/193 min
04–05
233
min
03–08
676 The J&K Official Gazette, 24th March, 2022/3rd Chai., 1944. [No. 52
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
—————————————————————————————
K. M.
235
min
01–13
1924/237
min
01–02
1893/237
min
00–02
247
min
01–0.5
257
min
01–08
265
min
01–16.5
267
min
00–15.5
280
min
00–01
283
min
00–01
359
min
00–15
1946/1581/365
min
01–17.5
369
min
00–11.5
372
min
01–04
1910/373
min
00–14
374
min
00–09
397 min
17–00
430 min
01–13
552 min
00–13
585 min
00–08
556 min
01–04
1739/656 min
02–14
1909/237 min
00–01.5
———–
Grand Total
60–18.5
———–
(Sd.) SURJEET SINGH,
Under Secretary to the Government.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Thu., the 24th March, 2022/3rd Chai., 1944. [ No. 52
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
———
In pursuance of Government Order No. 149-JK (GAD) of 2022
dated 10-02-2022, issued by the General Administration Department,
Civil Secretariat, Jammu, under endorsement No. GAD-SERVOKAS/91/
2021-09-GAD dated 10-02-2022, I, Rajinder Singh Tara (JKAS) do,
hereby, assume the charge of the post of Director General, Command
Area Development, Jammu today on 11-02-2022 (F. N.).
(Sd.) RAJINDER SINGH TARA, JKAS,
Director General,
Command Area Development,
Jammu.
————
104 The J&K Official Gazette, 24th March, 2022/3rd Chai., 1944. [No. 52
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Certified that we have in the forenoon/afternoon of this
day respectively made over and received charge of the Office of
Munsiff, JMIC, Billawar.
Station : Billawar
Dated : 25-01-2022
(Sd.) .......................
Additional Special Mobile Magistrate,
Billawar.
Relieved Officer.
(Sd.) .......................
Munsiff Judicial Magistrate, 1st Class,
Billawar.
Relieving Officer.
OFFICE OF THE DEPUTY COMMISSIONER PULWAMA
(DISTRICT COLLECTOR PULWAMA)
Preliminary Notification Under Section-11(1)
Notification No. 04 of 2021
Dated 21-01-2021
Subject :— Preliminary Notification under Section–11(1) of ‘‘Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013’’ for Acquisition of
land measuring 11 Kanals 07 Marlas falling under Survey
No. 2603 min and 2604 min at Estate Awantipora for re-
alignment of AIIMS Approach Road at AIIMS Awantipora.
Reference :—District Collector Pulwama communication vide No. DCP/
LA/2020/1400-01 dated 18-01-2021.
———–
Whereas, it appears to the Collector that a total area of 11 Kanals–
07 Marlas of land is required in Village Awantipora Tehsil Awantipora
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
Vol. 134] Jammu, Thu., the 24th Mar., 2022/3rd Chai., 1944. [ No. 52
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.
———–
432 The J&K Official Gazette, 24th Mar., 2022/3rd Chai., 1944. [No. 52
District Pulwama for public purpose, namely re-alignment of AIIMS
Approach Road at AIIMS Awantipora. Social Impact Assessment Study
was carried out by SIA Unit and a report submitted/preliminary
investigation was conducted by a team constituted by District Collector
as laid down under rule 4. The summary of the Social Impact
Assessment Report/preliminary investigation is as follows (Copy
enclosed) :
1.
That the proposed acquisition of land serves a public purpose
as the said land is required for re-alignment of Approach
Roach leading to AIIMS Awantipora which shall make the
connectivity towards the already acquired land.
2.
With the acquisition of the proposed land required width of
road shall be met as per the plan.
3.
No Residential house/structure is coming within the proposed
acquisition as such no question of rehabilitation of any
dislocated person/family.
4.
Keeping in view the road design as per the alignment
available, the land is most feasible and no other alternate
location shall provide similar benefits.
5.
That no other already acquired/state land is getting un-utilized.
6.
That the land acquired for re-alignment of AIIMS Approach
Road at AIIMS Awantipora will surely benefit the public for
making access to the already available land therefore forms
public prupose.
The said team has strongly recommended that the land in question
measuring 11 Kanals–07 Marlas identified as per the Indent placed be
acquired for re-alignment of AIIMS Approach Road at AIIMS
Awantipora.
No commercial/residential/agricultural structure is coming under the
alignment as such no family is likely to be displaced due to land
acquisition.
Therefore, it is notified that for the above said project in the Village
Awantipora Tehsil Awantipora District Pulwama, a piece of land
measuring 11 Kanals–07 Marlas of standard measurement, whose detail
description is as following, is under acquisition.
No. 52] The J&K Official. Gazette, 24th Mar., 2022/3rd Chai., 1944. 433
S. Survey No.
Type of
Type of
Area under
Name and
Boundaries
No.
Title
Land
Acquisition
address of
(in Acres)
a person
interested
———————————————————————————————————————
1 2
3
4
5
6
7
———————————————————————————————————————
K.
M.
N
S
E
W
1. 2603 min
Shamilat
Maidani
11–07
As per
and 2604
Section-5
and
spot
min
Bunjri
position
Qadeem
and
pro rata
basis
Trees
Structures
Variety
Number
Type
Plinth Area
Almond/non-fruit
As per the
Nil
Nil
bearing trees etc.
assessment
done by the
field staff
The notification is made under the provisions of section-11 (1) of
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act,2013 (Act No. 30/2013), to all whom
it may concern.
A plan of the land may be inspected in the office of Collector
Land Acquisition/Additional Deputy Commissioner Awantipora on any
working day during the working hours.
The Government is pleased to authorize Tehsildar/Revenue Staff,
Indenting Department, their consultant and their staff to enter upon and
survey land, take levels of any land, dig or bore into the sub-soil and
do all other acts required for the proper execution of their work as
provided and specified in section 12 of the said Act.
Under section 11(4) of the Act, no person shall make any
transaction or cause any transaction of land, i. e. sale/purchase, etc.
or create any encumbrances on such land from the date of publication
of such notification without prior approval of the Collector.
434 The J&K Official Gazette, 24th Mar., 2022/3rd Chai., 1944. [No. 52
Objecrons to the acquisitions, if any, may be filled by the person
interested within 60 (Sixty Days) from the date of publication of this
notification as provided under section 15 of the Act before Collector
Land Acquisition Awantipora.
(Sd.) ZAFFAR HUSSON SHAWL, KAS,
Additional Deputy Commissioner,
Collector Land Acquisition,
Awantipora.
———
Notice
I, Vijay Kumar father of Ayushi Jalhotra R/o Village Dhara, Kathar
Tehsil Maira Mandrian, District Jammu declare that my name is wrongly
written in my daughter Ayushi Jalhotra’s educational documents as Vijay
Kumar Jalhotra. Whereas, my actual name is Vijay Kumar. I am
applying for the correction. If anybody have any objection then convey
the same to the concerned authorities within seven days.
It is certified that I have complied with all other legal requirements
in this connection.
Vijay Kumar
Father of Ayushi Jalhotra
R/o Village Dhara,
Kathar Tehsil Maira Mandrian,
District Jammu.
Notice
No Legal responsibility is accepted for the publication of
Advertisements/Public Notices in this Part of the Official Gazette
of UT of J&K. Persons notifying the Advertisements/Public
Notices will remain solely responsible for the legal consequences
and also for any other misrepresentation etc.
By order.
General Manager,
Ranbir Govt. Press, Jammu.
————
No. 52] The J&K Official. Gazette, 24th Mar., 2022/3rd Chai., 1944. 435
Notice
I, Vijay Kumar father of Ayush Jalhotra R/o Village Dhara, Kathar
Tehsil Maira Mandrian, District Jammu declared that my name is
wrongly written in my son Ayush Jalhotra’s educational documents as
Vijay Kumar Jalhotra. Whereas, my actual name is Vijay Kumar. I
am applying for the correction. If anybody have any objection then
convey the same to the concerned authorities within seven days.
It is certified that I have complied with all other legal requirements
in this connection.
Vijay Kumar
Father of Ayush Jalhotra
R/o Village Dhara,
Kathar Tehsil Maira Mandrian,
District 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.
———
OFFICE OF THE COLLECTOR LAND ACQUISITION (SDM),
BANIHAL.
Notice under sections 9, 9-A of the J&K State Land Acquisition
Act, (Svt) 1990.
Notice is hereby given to all interested persons that the Government
of J&K intends to take possession of land measuring 02K-07M situated
in Village Chareel Lamber and Tethar Tehsil Banihal District Ramban
for construction of ‘‘400KV D/C Kishenpur-New Wanpoh Transmission
Line’’ as per particulars appended to this notice for which Notification
No. 35-Rev(LAJ) of 2021 dated 18-11-2021 has been issued by the
Commissioner/Secretary Revenue Department, Jammu and Kashmir
Government Civil Secretariat vide endorsement No. Rev/LAJK/21/
436 The J&K Official Gazette, 24th Mar., 2022/3rd Chai., 1944. [No. 52
2021(69080) dated 18-11-2021 under sections 6 & 7 of the Land
Acquisition Act (Svt) 1990 [hereinafter Act] read with SRO 235 dated
11-08-2009 for acquiring of land.
Now, before taking over the possession of land and payment of
compensation all the interested persons are called upon to appear before
the undersigned on 03-03-2022 at 11:30 AM at SDM Office Banihal and
state the nature of their respective interests in the land, the amount and
particulars of their claims to compensation for such interests, and their
objections (if any) to the quantum and measurement of land. It is
required that all such claims and objections are made in writing.
Chief Manager (TLM) Batote (Indenting Department) is also
requested to send his authorized representative before the undersigned
on above said date, time and venue to put forth his objection if any, to
the measurement made and to the amount of the tentative compensation
that may be assessed.
It may be taken into notice by all that no claim or objection
whatsoever will be entertained after above said date.
Appendix : Particulars of Land
S.
Name of Village
Tower
Khasra Nos.
Area
No.
Location No.
—————————————————————————————————
1
2
3
4
5
—————————————————————————————————
K. M.
01.
Chareel Lamber
71/0
2641/2156/865
01–02
(File No. 1)
02.
Tethar (File No. 2)
78/0
2759/2596/784
01–05
——————
Total
02–07
——————
Given under my hand and seal on 17th of February 2022, at Banihal.
(Sd.) ZAHEER ABASS BHAT,
Collector Land Acquisition (SDM),
Banihal.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Thu., the 24th March, 2022/3rd Chai., 1944. [No. 52
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C
———
GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE OF STATE MOTOR
GARAGES DEPARTMENT, BEMINA
BY-PASS, SRINAGAR/NEW PLOT,
JAMMU.
Abridged Auction Notice
It is notified for the information of General Public that the State
Motor Garages Department is conducting open public Auction of
Condemned Vehicles/Un-serviceable Stores etc. of State Motor
Garages Department, other Government Departments and J&K Road
Transport Corporation at the following places as per the schedule shown
against each :—
S.No.
Place of Auction
Date
Time
—————————————————————————————
1.
State Motor Garages
24-3-2022 to
1030 hours to
Complex, New Plot
25--3-2022
1630 hours.
Jammu.
302 The J&K Official Gazette, 24th March, 2022/3rd Chai., 1944. [No. 52
––––––––––––––––––––––––––––––––––––––––––––––––––––––
2.
J&K Road Transport
26-3-2022
1030 hours to
Corporation Narwal,
1630 hours.
Jammuu.
A detailed copy of Auction Notice can be had from the Office
of Deputy Director, State Motor Garages Department, New Plot, Jammu
and Deputy Director, State Motor Garages Department, Bemina
Bye-Pass, Srinagar on any working day and shall also be available on
the departmental website www.jksmg.gov.in.
(Sd.) MALIK TAHIR GANI,
Director,
State Motor Garages Department,
J&K, Jammu/Srinagar.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Srinagar, the 17th of November, 2021.
SO-396.––In exercise of the powers conferred by sub-section (1) of
section 9 and sub-section (5) of section 15 of the Jammu and Kashmir
Goods and Services Tax Act, 2017 (Act No. V of 2017), the Government,
on the recommendations of the Council, hereby makes the following
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Wed., the 17th Nov., 2021/26th Kart., 1943. [ No. 33-l
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Law, Regulations and Rules Passed thereunder
–––––––
EXTRAORDINARY
REGD. NO. JK–33
2 The J&K Official Gazette, 17th Nov., 2021/26th Kart., 1943.
[No. 33-l
–––––––––––––––––––––––––––––––––––––––––––––—–––—————––
further amendments in the SRO notification No. SRO-GST-1,
dated 8th of July 2017 ; namely :—
In the said notification,—
(a) in Schedule I—2.5%,—
(i) after S.No. 71 and the entries relating thereto, the following
S.No. and entries shall be inserted, namely :—
‘‘71A 1209 Tamarind seeds meant for any use other than sowing’’;
(ii) S. No. 138 to 148 and the entries relating thereto shall be
omittted ;
(iii) after S. No. 186 and the entries relating thereto, the following
S. No. and entries shall be inserted, namely :—
‘‘186A 3826 Bio-diesel supplied to OilMarketing Companies for
blending with High Speed Diesel’’;
(iv) S.No. 187A and the entries relating thereto shall be omitted ;
(v) S.No. 234 and the entries relating thereto shall be omitted ;
(vi) in List 1, after item number 231 and the entries relating thereto,
the following shall be inserted, namely :—
‘‘(232) Pembrolizumab (Keytruda)’’;
(vii) in List 3, after item number (B) (2) and the entries relating
thereto, the following shall be inserted, namely :—
‘‘(3) Retro fitment kits for vehicles used by the disabled’’;
(b) In Schedule II—6%,—
(i) against S. No. 80A, in column (3), for the entry, the following
entry shall be substituted, namely :—
‘‘Bio-diesel (other than bio-diesel supplied to Oil Marketing Companies for
blending with High Speed Diesel)’’;
(ii) S. No. 122 and the entries relating thereto shall be omitted ;
No. 33-l] The J&K Official Gazette, 17th Nov., 2021/26th Kart.,1943.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
(iii) S. No. 127 to 132 and the entries relating thereto shall be
omitted ;
(iv) after S. No. 201 and the entries relating thereto, the following
S. No. and entries shall be inserted, namely :—
‘‘201A 84, 85 or 94 Following renewable energy devices and parts
for their manufacture :—
(a) Bio-gas plant ;
(b) Solar power based devices ;
(c) Solar power generator ;
(d) Wind mills, Wind Operated Electricity
Generator (WOEG) ;
(e) Waste to energy plants/devices ;
(f) Solar lantern/Solar lamp ;
(g) Ocean waves/tidal waves energy devices/
plants
(h) Photo voltaic cells, whether or not assembled
in modules or made up into panels.
Explanation :—If the goods specified in this entry
are supplied, by a supplier, along with supplies of
other goods and services, one of which being a
taxable service specified in the entry at S. No. 38
of the Table mentioned in the Notification
No. SRO-GST-11 dated 08-07-2017 , the value
of supply of goods for the purposes of this entry
shall be deemed as seventy per cent of the gross
consideration charged for all such supplies, and
the remaining thirty per cent of the gross
consideration charged shall be deemed as value
of the said taxable service.’’;
(v) S. Nos. 205A to 205H and the entries relating thereto shall
be omitted ;
(vi) S. No. 232 and the entries relating thereto shall be omitted ;
(c) In Schedule III—9%
4 The J&K Official Gazette, 17th Nov., 2021/26th Kart., 1943.
[No. 33-l
–––––––––––––––––––––––––––––––––––––––––––––—–––—————––
(i) after S.No. 26B and the entries relating thereto, the
following S. No. and the entries shall be inserted, namely :—
‘‘26C 2601 Iron ores and concentrates, including roasted iron pyrites.
26D 2602 Manganese ores and concentrates, including ferruginous
manganes ores and concentrates with a manganese
content of 20% or more, calculated on the dry weight.
26E 2603
Copper ores and concentrates.
26F
2604
Nickel ores and concentrates.
26G 2605
Cobalt ores and concentrates.
26H 2606
Aluminium ores and concentrates.
26I
2607
Lead ores and concentrates.
26J
2608
Zinc ores and concentrates.
26K 2609
Tin ores and concentrates.
26L 2610
Chromium ores and concentrates.’’;
(ii) after S. No. 101 and the entries relting thereto, the following
S. No. and entries shall be inserted, namely :—
‘‘101A 3915
Waste, Parings and Scrap, of Plastics.’’;
(iii) for S. No. 153A and the entries relating thereto, the following
S. No. and the entries shall be substituted, namely :—
‘‘153A 4819 Cartons, boxes, cases, bags and other packing containers,
of paper, paperboard, cellulose wadding or webs of
cellulose fibres ; box files, letter trays, and simillar articles
of paper or paperboard of a kind used in offices, shops or
the like.’’;
(iv) after S. No. 157 and the entries relating thereto, the folowing
S. No. and the entries shall be inserted, namely :—
‘‘157A 4906 00 00 Plans and drawings for architectural, engineering,
industrial, commercial, topographical or similar
purposes, being originals drawn by hand ; hand
written texts ; photographic reproductions on
sensitised paper and carbon copies of the
foregoing.
No. 33-l] The J&K Official Gazette, 17th Nov., 2021/26th Kart.,1943.
5
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
157B
4907 Unused postage, revenue or similar stamps of
current or new issue in the country in which they
have, or will have, a recognised face value ; stamp-
impressed paper; banknotes ;cheque forms ; stock,
share or bond certifictes and similar documets of
title (other than Duty Credit Scrips).
157C
4908
Transfers (decalcomania).
157D
4909 Printed or illustrated postcards ; printed cards
bearing personal greetings, messages or
announcements, whether or not illustrated,
with or without envelopes or trimmings.
157E
4910 Calendars of any kind, printed , including calendar
books.
157F
4911 Other printed matter, including printed pictures and
photographs ; such as trade advertising material,
Commercial catalogues, and the like, printed
Posters, Commercial catalogues, printed inlay
cards, Pictures,designs and photographs, Plan and
drawings for architectural engineering, industrial,
commercial, topographical or similar purposes
reproduced with the aid of computer or any other
device.’’;
(v) after S. No. 398 and the entries relating thereto, the following
S. No. and the entries shall be inserted, namely :—
‘‘398A 8601 Rail locomotives powered from an external source
of electricity or by electric accumulators.
398B
8602 Other Rail locomotives ; locomotive tenders ;
such as Diesel electric locomotives, Steam
locotomotives and tenders thereof.
398C
8603 Self-propelled railway or tramway coaches, vans
and trucks, other than those of heading 8604.
398D 8604 Railway or tramway maintenance or service
vehicles, whether or not self-propelled (for
6 The J&K Official Gazette, 17th Nov., 2021/26th Kart., 1943.
[No. 33-l
–––––––––––––––––––––––––––––––––––––––––––––—–––—————––
example, workshops, cranes, ballast tampers, track
liners, testing coaches and track inspection
vehicles).
398E
8605
Railway or tramway passenger coaches, not self-
propelled ; luggage vans, post office coaches and
other special purpose railway or tramway coaches,
not self-propelled (excluding those of heading 8604).
398F
8606
Railway or tramway goods vans and wagons, not
self-propelled.
398G
8607
Parts of railways or tramway locomotives or rolling-
stock ; such as Bogies, bissel-bogies, axles and
wheels, and parts thereof.
398H
8608
Railway or tramway track fixtures and fittings ;
mechanical (including electro-mechanical)
signallings, safety or traffic control equipment for
railway, tramway, roads, inland waterways, parking
facilities, port installations or airfields ; parts of
the foregoing.’’;
(vi) against S. No. 447, in column (3), for the entry, the entry
‘‘Ball point pens ; felt tipped and other porous-tipped pens and markers ;
fountains pens ; stylograph pens and other pens ; duplicating stylos ; pen
holders, pencil holders and similar holders ; parts (including caps and clips)
of the foregoing articles, other than those of heading 9609.’’, shall be
substituted ;
(d) in schedule IV—14%,—
(i) after S. No. 12A and the entries relating thereto, the following
S. No. and entries shall be inserted, namely :—
‘‘12B
2202
Carbonated Beverages of Fruit Drink or Carbonated
Beverages with Fruit Juice.’’;
2. This notification shall come into force on the 1st day of October, 2021.
(Sd.) ATAL DULLOO, IAS,
Financial Commissioner,
(Additional Chief Secretary),
Finance Department.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––FINANCE DEPARTMENT
Notification
Srinagar, the 17th November, 2021.
SO-398.––In exercise of the powers conferred by sub-sections (3)
and (4) of section 9, sub-section (1) of section 11, sub-section (5) of section 15,
and section 148 of the Jammu and Kashmir Goods and Services Tax Act,
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Wed., the 17th Nov., 2021/26th Kart., 1943. [ No. 33-n
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Law, Regulations and Rules passed thereunder.
–––––––
EXTRAORDINARY
REGD. NO. JK–33
2 The J&K Official Gazette, 17th Nov., 2021/26th Kart., 1943.
[No. 33-n
–––––––––––––––––––––––––––––––––––––––––––––—–––—————––
2017 (Act No. V of 2017), the Government, on being satisfied
that it is necessary in the public interest so to do, on the recommendations
of the Council, Council hereby makes the following further amendments
in the SRO notification No. SRO-GST-12, dated 8th of July, 2017 ;
namely :—
In the said notification, in the Table,—
(i) in the Table,—
(i) against serial number 1, in column (3), after the figures and
letters ‘‘12AA’’, the word, figures and letters ‘‘or 12AB’’ shall
be inserted ;
(ii) against serial number 9AA, in column (3), after the words
‘‘hosted in India’’, the words ‘‘whenever rescheduled ’’ shall
be inserted ;
(iii) after serial number 9AA and the entries relating thereto, the
following shall be inserted, namely :—
(1)
(2)
(3)
(4)
(5)
—————————————————————————————
‘‘9AB Chapter Services provided by Nil Providedthat Director
99 and to Asian Football (Sports), Ministry of
Confederation (AFC) Youth Affairs and Sports
and its subsidiaries certifies that the services
directly or indirectly are directly or indirectly
related to any of the related to any of the
events under AFC ev en t s u nd er AF C
women’s Asia Cup Women’s As ia Cu p
2022 to be hosted in 2022.’’;
India.
(iv) against serial number 9D and 13, in column (3), after the figures
and letters ‘‘ 12AA’’, the words, figures and letters ‘‘or 12AB’’
shall be inserted ;
(v) against serial numbers 19A and 19B, in column (5), for the
figures ‘‘2021’’, the figures ‘‘2022’’ shall be substituted ;
No. 33-n] The J&K Official Gazette, 17th Nov., 2021/26th Kart.,1943.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
(vi) serial number 43 and the entries relating thereto shall be
omitted ;
(vii) after serial number 61 and the entries relating thereto, the
following shall be inserted, namely :—
––––––––––———————————————————————--
(1)
(2)
(3)
(4)
(5)
—————————————————————————————
“61A
Heading 9991
Services by way of
Nil
Nil’’;
granting National
Permit to a good
carriage to operate
throughout India/
contiguous States.
(viii) against serial number 72, in column (3), after the words “for
which”, the figures, symbol and words “75% or more of the”
shall be inserted ;
(ix) against serial numbers 74A and 80, in column (3), after the
figures and letters ‘‘12AA’’, word, figures and letters ‘‘or
12AB’’ shall be inserted ;
(x) after serial number 82A and the entries relating thereto, the
following shall be inserted, namely :—
––––––––––––––––––––––––––––––––––––––––––––––––––––––
(1)
(2)
(3)
(4)
(5)
—————————————————————————————
“82B
Heading
Services by way of right to
Nil Nil’’;
9996
admission to the events orga-
nised under AFC Women’s
Asia Cup, 2022.
2. This notification shall come into force on the 1st day of
October, 2021.
(Sd.) ATAL DULLOO, IAS,
Financial Commissioner
(Additional Chief Secretary),
Finance Department.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Thu., the 9th Dec., 2021/18th Agra., 1943. [No. 37-a
–––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed
as a separate compilation.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
————
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—FINANCE DEPARTMENT
Notification
Jammu/Srinagar the 9th December, 2021.
SO–415.—In exercise of the powers conferred by sub-section (1)
of section 9 and sub-section (5) of section 15 of the Jammu and Kashmir
Goods and Services Tax Act, 2017 (Act No.V of 2017), the Government
EXTRAORDINARY
REGD. NO. JK––33
2
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on the recommendations of the Council, hereby makes the following
further amendments in the notification No. SRO-1, dated the 8th of July,
2017, namely :—
In the said notification :—
a.
In Schedule I—2.5%,-
(i) S. Nos. 203,207,211, 216, 217, 218, 218B, 218C,
219A, 219AA, 219B, 220, 221, 222, 223, 224, 224A, and
225 and the entries relating thereto shall be omitted ;
b.
In Schedule II—6%,-
(i)
S. Nos 132A and the entries relating thereto, shall
omitted
(ii)
After S. No. 132A and the entries relating thereto, the
following serial numbers and entries shall be inserted,
namely :-—
‘‘132AA
5007
Woven fabrics of silk or of silk waste.
132AB
5111
Woven fabrics of carded wool or of carded
fine animal hair.
132AC
5112
Woven fabrics of combed wool or of combed
fine animal hair.
132AD
5113
Woven fabrics of coarse animal hair or of
horse hair.
132AE
5208
Woven fabrics of cotton, containing 85% or
more by weight of cotton, weighing not more
than
200g/m2 .
132AF
5209
Woven fabrics of cotton, containing 85% or
more by weight of cotton, weighing more than
200g/m2 .
132AG
5210
Woven fabrics of cotton, containing less than
85% by weight of cotton, mixed mainly or
solely with man-made fibres, weighing not
more than 200g/m2.
132AH
5211
Woven fabrics of cotton, containing less than
85% by weight of cotton, mixed mainly or
solely with man-made fibres, weighing more
than 200g/m2.
132AI
5212
Other Woven fabrics of cotton.
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132AJ
5309
Woven fabrics of flax.
132AK
5310
Woven fabrics of jute or of other textilebast
fibres of heading 5303.
132AL
5311
Woven fabrics of other vegetable textile fibres ;
woven fabrics of paper yarn.’’.
(iii)
S. No. 132B and the entries relating thereto, shall be
ommitted ;
(iv)
After S. No. 132B and the entries relating thereto, the
following serial numbers and entries shall be inserted,
namely :-—
‘‘132BA
5401
Sewing thread of man-made filaments, whether
or not put up for retail sale.
132BB
5402
Synthetic filament yarn (other than sewing
thread), not put up for retail sale including
synthetic mono filament of less than 67
decitex.
132BC
5403
Artificial filament yarn (other than sewing
thread), not put up for retail sale, including
artificial monofilament of less than 67 decitex.
132BD
5404
Synthetic monofilament of 67 decitex or more
and of which no cross-sectional dimension
exceeds 1 mm ; strip and the like (for example,
artificial straw) of synthetic textile materials
of an apparent width not exceeding 5 mm.
132BE
5405
Artificial monofilament of 67 decitex or more
and of which no cross-sectional dimension
exceeds i mm ; strip and the like (for example,
artificial straw) of artificial textile materials
of an apparent width not exceeding 5 mm.
132BF
5406
Man-made filement yarn (other than sewing
thread), put up for retail sale.
132BG
5407
Woven fabrics of synthetic filament yarn,
including woven fabrics obtained from materials
of heading 5404.
132BH
5408
Woven fabrics of artificial filament yarn,
including woven fabrics obtained from materials
of heading 5405.” ;
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(v)
S. No. 132C and the entries relating thereto,
shall be ommitted ;
(vi)
After S. No. 132C and the entries relating
thereto, the following serial numbers and
entries shall be inserted, namely :-—
‘‘132CA
5501
Synthetic filament tow.
132CB
5502
Arificial filament tow.
132CC
5503
Synthetic staple fibres, not carded, combed or
otherwise processed for spinning.
132CD
5504
Artificial staple fibres, not carded, combed or
otherwise processed for spinning.
132CE
5505
Waste (including noils, yarn waste and garnetted
stock) of man-made fibres.
132CF
5506
Synthetic staple fibres, carded, combed or
otherwise processed for spinning.
132CG
5507
Artificial staple fibres, carded, combed or
otherwise processed for spinning.
132CH
5508
Sewing thread of man-made staple fibres,
whether or not put up for retail sale.
132CI
5509
Yarn (other than sewing thread) of synthetic
staple fibres, not put up for retail sale.
132CJ
5510
Yarn (other than sewing thread) of artificial
staple fibres, not put up for retail sale.
132CK
5511
Yarn (other than sewing thread) of man-made
staple fibres,put up for retail sale.
132CL
5512
Woven fabrics of synthetic staple fibres,
containing less 85% or more by weight of
synthetic staple fibres.
132CM
5513
Woven fabrics of synthetic staple fibres,
containing less than 85% by weight of such
fibres, mixed mainly or solely with cotton, a
weight not exceeding 170 g/m2.
132CN
5514
Woven fabrics of synthetic staple fibres,
containing less than 85% by weight of such
fibres, mixed mainly or solely with cotton, of
a weight exceeding 170 g/m2.
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.132CO
5515
Other woven fabrics of synthetic staple fibres.
132CP
5516
Woven fabrics of artificial staple fibres.
(vii) S.No. 132D and the entries relating thereto shall be
omitted.
(viii) Against S.No.139, in column (3) for the entry, the
entry” Twine, cordage, ropes and cables, whether or
not plaited or braided and whether or not impregnated,
coated or sheathed with rubber or plastics.” shall be
substituted ;
(ix)
After S.No. 139 and the entries relating thereto, the
following S. No. and entries shall be inserted, namely :–
‘‘139A
5608
Knotted netting of twine, cordage or rope
made up of fishing nets and other made up
nets, of textile materials.’’ ;
(x)
After S. No.146, and the entries relating thereto the
following serial number and entries shall be inserted,
namely :—
‘‘146A
5801
Woven pile fabrics and chenille fabrics, other
than fabrics of heading 5802 or 5806.’’ ;
(xi)
after S. No. 151, and the entries relating thereto the
following S. No. and entres shall be inserted, namely :—
“151A
5806
Narrow woven fabrics, other than goods of
heading 5807 ; narrow fabrics consisting of
warp without weft assembled by means of an
adhesive (bolducs).’’ ;
(xii) Against S. No. 154, in column (3), for the entry, the entry
‘‘Braids in the piece ; ornamental trimmings in the piece,
without embrodery, other than knitted or croacheted ;
tassels, pompons and similar articles.’’ shall be substituted ;
(xiii) Against S. No. 155, in column (3), for the entry ‘‘Woven
fabrics of metal thread and woven fabrics of heading
5605, of a kind used in apparel, as furnishing fabrics or
for simillar purposes, not elsewhere specified or
included.” shall be substituted ;
(xiv) Against, S. No. 156, in column (3), for the entry, the
entry” Embroldery in the piece, in strips or in motifs.”shall
be substituted ;
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(xv) Against S. No. 168, in column (3), for the words “ this
Chapter.” the word and the figure “Chapter 59” shall be
substituted ;
(xvi) After S. No. 168, and the entries relating thereto, the
following serial numbers and the entries shall be
inserted, namely :—
‘‘168A
6001
Pile fabrics, including ‘‘long pile’’ fabrics,
knitted or crocheated.
168B
6002
Knitted or crocheted fabrics of a width not
exceeding 30 cm, containing by weight 5% or
more of elastomeric yarn or rubber thread,
other than those of heading 6001.
168C
6003
Knitted or crocheted fabrics of a width not
exceeding 30 cm, other than those of heading
6001 or 6002.
168D
6004
Knitted or crocheted fabrics of a width
exceeding 30 cm, containing by weight 5% or
more of elastomeric yarn or rubber thread,
other than those of heading 6001.
168E
6005
Warp knit fabrics (including those made on
gallon knitting machines), other than those of
headings 6001 to 6004.
168F
6006
Other kinitted or crocheted fabrics.’’ ;
(xvii) Against S. No. 169, in column (3), for the entry, the entry
‘‘Article of apparel and clothing accessories, knitted or
crocheted,’’ shall be substituted ;
(xviii) Against S. No. 170, in column (3), for the entry, the
entry‘‘Articles of apparel and clothing accessories, not
knitted or crocheted,’’ shall be substituted ;
(xix) S. No. 171 and the entries relating thereto shall be
omitted ;
(xx) After S. No. 171A and the entries relating thereto, the
following serial numbers and entries shall be inserted,
namely :—
No. 37-a] The J&K Official Gazette, the 9th Dec., 2021/18th Agra, 1943. 7
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‘‘171A1
6301
Blankets and travelling rugs.
171A2
6302
Bed linen, table linen, toilet linen and kitchen
linen.
171A3
6303
Curtains (including drapes) and interior blinds ;
curtain or bed valances.
171A4
6304
Other furnishing articles, excluding those of
heading 9404.
171A5
6305
Sacks and bags of a kind used for the packing
of goods.
171A6
6306
Tarpaulins, awnings and sunblinds ; tents ;
sails for boats, sailboards or landcraft ;
camping goods.
171A7
6307
Other made up articles, including dress patterns.
171A8
6308
Sets consisting of woven fabric and yarn,
whether or not with accessories, for making up
into rugs, tapestries, embroidered table cloths
or serviettes, or similar textile articles, put up
in packings for retail sale.
171A9
6309
Worn clothing and other worn articles.
171A10
6310
Used or new rags, scrap, twine, cordage, rope
and cables and worn out articies of twine,
cordage, rope or cables, of textile materials.
171A11
64
Footwear of sale value not exceeding Rs. 1000
per pair.”
C
In Schedule III—9%,-
(i) S. Nos. 159, 160, 161, 162 and 163 and the entries
relating thereto shall be omitted.
2. This notification shall come into force on the 1st day of January,
2022, unless otherwise stated.
(Sd.) ATAL DULLOO, IAS,
Financial Commissioner to Government,
(Additional Chief Secretary),
Finance Department.
————
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Fri., the 24th Dec., 2021/3rd Pausa, 1943. [No. 39-h
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Separate paging is given to this part in order that it may be filed
as a separate compilation.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
————
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOUSING AND URBAN DEVELOPMENT
DEPARTMENT.
Notification
Jammu, the 24th December, 2021.
SO-439.—In execrise of the powers conferred by section 11-A of
the Jammu and Kashmir Development Act, 1970, the Government
hereby notifies the scheme for levy of charges for use of land as
permitted in the Master Plan or the Zonal Plan as under :—
1. Extent of application.—This scheme shall apply to all such
areas where a master plan or a zonal plan notified in terms of the Jammu
and Kashmir Development Act, 1970 has come into force, and the
EXTRAORDINARY
REGD. NO. JK––33
2
The J&K Official Gazette, 24th Dec., 2021/3rd Pausa, 1943. [No. 39-h
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permission for land use granted in terms of this scheme shall be strictly
in accordance with the permitted land use under such master plan or
zonal plan.
2. Definitions.—Words and expressions used here in shall have
the same meaning as given to them under the Jammu and Kashmir
Development Act, 1970 and the rules made thereunder.
3. Authority for assessment and levy of charges for land
use.—The Development Authority having jurisdiction over the area in
respect of which the permission for change in land use is sought shall
be the competent authority to grant the permission for change in land
use.
4. Rate of charges for change in land use.—The charges
payable for change of land use shall be calculated as follows :—
CLU=½* (Land Value *Land Area * FSI *Use Type)
Where :
a.
CLU is charges for permission for change in Land use ;
b.
Land Value is the highest value, in hundreds of rupees, of land
for that usage type i. e. residential for residential usage type,
and commercial for other usage types, as notified for the current
year under Jammu and Kashmir Preparation and Revision of
Market Value Guidelines Rules, 2011 in the local area of that
authority ;
c.
Land Area is the area of the land in Kanals ;
d.
FSI is the maximum permissible FSI for the particular parcel
of land for which change of land use is sought ;
e.
Use Type is the purpose for which the land is sought to be used
which shall be,—
i.
1 for residential use ;
ii.
3 for industrial or for public/semi-public use other
than Government ; and
iii.
5 for commercial use.
Illustration :—
If the permission for change in land use is sought in respect of a 4 Kanal
plot of land for usage type as public/semi-public, the notified value of
No. 39-h] The J&K Official Gazette, 24th Dec., 2021/3rd Pausa, 1943. 3
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that land for commercial use is Rs. 40 lakh per Kanal, and the permitted
FSI for tha plot is 2, then before calculating the applicable charges, it
shall first be confirmed whether the highest notified rates for
commereial usage for any land in the local area of that Authority is
higher than Rs 40 lakh per Kanal or not. The value used for calculating
these charges shall be the higher of these two values. If the highest
notified rate for commercial usage in the local area of that Authority
is Rs 80 lakh per Kanal, then the calculation as per the formula shall
be as follows :—
CLU in Rs=0.5* 8000000/100*4*2*3 which come to Rs. 9,60,000/-.
But if the same land parcel with the same FSI is to be used for
residential purpose and the notified value of that land for residential use
type is Rs. 30 Lakh per Kanal, but the highest notified land value for
residential use type in the local area of that authority is Rs. 50 lakh per
Kanal, the calculation of land use charges shall be as follows :—
CLU in Rs=0.5* 5000000/100*4*2*1 which come to Rs. 2,00,000/-.
5. Process for issuance of the Certificate of Change of Land
Use.—An applicant desirous of seeking change of land use shall make
an application before the concerned Authority in Form-I, along with the
required documents. The Authority shall, after making such enquiry as
it may deem fit, issue a requisition for deposition of fee payable for
change in land use withen seven working days . Upon payment of the
requisite fee, the certificate for change of land use shall be issued within
a period of three working days, specifying there in the description of
the land including the Khasra/Khewat No. of the plot, the land use for
which the permission has been given, and the FSI permitted on the land
parcel.
6. The certificate of change of land use shall govern only the usage
permitted for that land and the permitted FSI but shall not confer upon
its holder any right to obtain any permission for any construction or
development. Any permission for any construction or development shall
be issued by the competent authority concerned strictly in accordance
with the applicable norms, including byelaws governing such construction
or devlopment.
7. Exemption from payment of charges for change of land
use.—(1) No charges shall be payable for change of land use nor shall
a certificate for change of land use be required for plots measuring
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The J&K Official Gazette, 24th Dec., 2021/3rd Pausa, 1943. [No. 39-h
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up to one kanal which are to be used for residential purposes if
residential use is permitted for that land under the master plan in force.
(2) No charges shall be payable for change of land use in respect
of plots of land other than those at (1) above nor shall a certificate for
change of land use be required if the applicant establishes that fee
for change of land use has been paid under the provisions of Jammu
and Kashmir Land Revenue Act, Svt. 1996 in respect of that land for
that usage. In case a further change of land use is sought, any fee that
has been paid under the provisions of Jammu and Kashmir Land
Revenue Act, Svt. 1996 or any fee already paid under this scheme, shall
be set-off against the charges payable under this scheme for the new
usage, and only the amount of shortfall shall be payable by the applicant
for the purpose of issuance of a certificate of change of land use.
(3) For change of land use in respect of plotted development, no
charges shall be payable for change of land use in respect of the area
used for construction of roads, sidewalks and parks. Such charges paid
at the time of initial change of land use shall be reimbursed on
submission of the plans approved by the competent authority.
(4) Except to the extent allowed here in above, no authority
competent to allow any construction or development in a local area shall
entertain any application for permission for construction or development
unless it is accompanied by a certificate for change of land use issued
in terms of this scheme.
8. Utilization of the proceeds of the charges for change of
land use.—(1) Any amount received by the Authority on account of
these charges shall be kept by it in a separate account to be used by
the Authority for acquisition of any land that may be required to be
acquired in terms of section 50 of the Jammu and Kashmir Development
Act, 1970.
(2) In case there is no immediate need for funds for acquisition
of land under section 50 of the Jammu and Kashnmir Development
Act, 1970 or the need for such funds is less than the funds available
with the Authority, the Authorty may utilize these funds or such excess
funds, as the case may be, for acquisition or devlopment of other land
in its local area while setting aside sufficient sum to defray the expenses
of any acquisition under Section 50 that may be reasonably foreseen
to become due within one year.
No. 39-h] The J&K Official Gazette, 24th Dec., 2021/3rd Pausa, 1943. 5
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9. Power to remove difficulties.—In case any difficulty arises
in the interpretation or implementation of this scheme, the Government
in Housing and Urban Development Department shall have the power
to remove any such difficulty.
This notification shall come into force from the date of its
publication in the Official Gazette.
By order of the Government of Jammu and Kashmir.
(Sd.)
DHEERAJ GUPTA, IAS,
Principal Secretary to the Government,
Housing & Urban Development Department.
————
6
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FORM CLU–I
Form of Application
Permission for Change of Land use under
Section 11A(2) of the Jammu & Kashmir Development Act,1970.
VC of Urban Development Authority
Subject :—Applying for Land use Change under Section 11A(2) of
J&K Development Act, 1970.
————
Sir,
I/We beg to apply for permission to change the existing use of land
for the purpose of developing the land in to buildings for residential/
Industrial/Commercial/other purposes.
I/We enclose the following documents in triplicate as per the given
Check List for favour of information and necessary action.
I/We do hereby certify that the information furnished above is true
and nothing has been misstated or kept concealed therein. I/We
understand that in case of any wrong information made by me/us,
I/We would be liable for crimminal prosecution.
Dated :
Yours faithfully
Name and full address
—————
No. 39-h] The J&K Official Gazette, 24th Dec., 2021/3rd Pausa, 1943. 7
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ANNEXURE–I
CHECKLIST APPLYING FOR CHANGE OF LAND USE (CLU)
S. No.
Description
————————————————————————————
1
2
————————————————————————————
1.
Prescribed Form CLU–I
2.
Name of applicant
3.
Address, Email, Aadhar
4.
Memorandum and Article of Association in case of
company
5.
Board Resolution of company and authority letter in favour
of authorized signatory.
6.
Purpose for which CLU permission is sought
7.
Ownership Documents :—
a. Jamabandi (Latest)
b. Mutation
c. Takseem Intkal
d. Aks-shajra Plan issued by Halqa Patwari.
8.
Copy of irrevocable consent if the land belongs to another
owner, authorizing the promoter to obtain CLU and license
for the devlopment of colony on a non-judicial stamp paper.
9.
Copy of Sale Deed(s)
10.
Area in Sq. Mtr/Kanal/Acres
11.
Village/Ward
12.
Notified under any Development Project/Scheme/TPS
13.
Use as per the Master Plan/Development Plan (may check
from concerned DTP office)
14.
Zone/Sector No. (may check from DTP office)
15.
Width of Approach
16.
Distance from C/I of the abutting road and Building Line
applicable
8
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17.
Area falling withen road widening, green/restricted belt,
if any
18.
Processing/Scrutiny fee Rs. 5000 for the first acre and
Rs.1000 per acre for additional area (Attach Bank Draft)
19.
State of construction at site (Site Plan)
20.
HT Line/Gas pipeline passing through the site, if any
21.
Any other issues as required by the Competent Authority
22.
Status w.r.t. land acquisition proceedings, if any
Industrial Purpose
1.
Registration of SSI or Medium or Large Industry
2.
Whether polluted or not polluted
3.
NOC from pollution Control Board and Department of
Forest/Wildlife, if required
Institutional (School, College, Hospital or Religious)
1.
Genuineness Certificate (From Deputy Commissioner)
2.
Technical capacity to run the institution
3.
Past experience etc.
4.
Recommendation of Health Department in case of Hospital
with College
Petrol Pump
1.
LOI of Oil company
2.
Distance from existing road junction/ intersection important
from traffic flow point of view
3.
Distance from existing Petrol Pump
1
2
————————————————————————————
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Fri., the 31st Dec., 2021/10th Pausa, 1943. [No. 40-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—TOURISM DEPARTMENT
Notification
Jammu the 31st day of December, 2021.
SO-443.—In
exercise
of
the
powers
conferred
by
sub-section (3) of section 3 of Jammu and Kashmir Development Act,
1970, the Government on the request of Corps Commander hereby
declare land measuring 1034 Kanals and 06 Marlas situated at Gulmarg
as detailed in Annexure ‘‘A’’ to this notification and land measuring
354 Kanals situated at Sonmarg as detailed in Annexure ‘‘B’’
to this notification as ‘‘Strategic Areas’’ for operational and training
requirements of Armed Forces subject to the following conditions,
that :—
I.
Corps Commander shall ensure strict adherence to the
environment related laws to prevent any environmental
Hazard.
EXTRAORDINARY
REGD. NO. JK––33
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II.
Corps Commander shall ensure that no other applicable
law in force in the Union Territory of Jammu and Kashmir
is observed in breach.
III.
Corps Commander shall ensure that the Order(s), if any,
passed by any Hon’ble Court/Tribunal in this regard, are
strictly adhered to.
By order of the Government of Jammu and Kashmir.
(Sd.) .........................................
Secretary to the Government,
Tourism Department.
————
No. 40-a] The J&K Official Gazette, the 31st Dec., 2021/10th Pausa, 1943. 3
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Annexure ‘‘A’’ to S.O. No. 443 Dated 31st December, 2021.
—————————————————————————————
Authorized
S. No.
Survey No.
Area
—————————————————————————————
1
2
3
—————————————————————————————
K.
M.
1.
182
11—04
2.
35 min
01—09
3.
123
00—01
4.
147min
28—00
5.
149
02—07
6.
150
16—15
7.
151
00––03
8.
152
06—00
9.
153
00—01
10.
154
00—01
11.
155
01—09
12.
156
09—11
13.
157
05—03
14.
158
05—09
15.
159
00—01
16.
160
00—01
17.
161
00—01
18.
162
00—12
19.
163
00—01
20.
164
00—01
21
168
00—10
22
169
05—11
23.
174
00—02
24.
177min
00—10
25.
178min
01—11
26.
180
00—01
27.
181
12—07
28.
183
01—05
4
The J&K Official Gazette, the 31st Dec., 2021/10th Pausa, 1943. [No. 40-a
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29.
184
00—11
30.
185
00—07
31.
186
12—16
32.
187
00—01
33.
188
00—01
34.
189
96—10
35.
190
09—11
36.
191
08—12
37.
193
06—13
38.
194 min
25—14
39.
199 mim
12—16
40.
203 mim
01—02
41.
873/250
07—16
42.
874/250
03—16
43.
875/250
00—10
44.
876/250
02—18
45.
878/250
00—01
46.
119 min
80—00
47.
124 min
13—14
48.
250 min
39—10
49.
124 min
16—16
50.
35 min
04—00
51.
50 min
16—00
52.
90 min
02—18
53.
91
03—04
54.
92
31—15
55.
93
03—16
56.
94 min
01—08
57.
95
10—10
58.
101
02—06
1
2
3
—————————————————————————————
K.
M.
No. 40-a] The J&K Official Gazette, the 31st Dec., 2021/10th Pausa, 1943. 5
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59.
102
19—02
60.
103
00—12
61.
104
00—17
62.
105
00—02
63.
106
07—08
64.
107
00—01
65
108
19—12
66.
109
10—03
67.
110
33—11
68.
111
03—07
69.
112
02—07
70.
113
02—03
71.
114
00—03
72.
115
00—01
73.
116
00—01
74.
117
12—10
75.
118
01—12
76.
125
11—01
77.
126
17—08
78.
127
04—00
79.
128
00—13
80.
129
00—01
81.
130
00—01
82.
131
00—01
83.
132
00—01
84.
133
11—00
85.
134
06—12
86.
135
13—04
87.
136
07—04
88.
137
02—07
89.
138
00—01
90.
139
14—17
1
2
3
—————————————————————————————
K.
M.
6
The J&K Official Gazette, the 31st Dec., 2021/10th Pausa, 1943. [No. 40-a
––––––––––––––––––––––––––––––––––––––––––––––––––––––
91.
140
12—09
92.
141
27—11
93.
142 min
83—17
94.
1116/142
00—11
95.
143
00—01
96.
144
00—01
97.
145
10—10
98.
146
00—14
99.
1075/146
12—00
100.
147 min
147—07
101.
148
00—01
102.
853/110
00—01
103.
864/110
02—08
104.
865/145
00—02
105.
866/147
00—01
106.
867/142
00—11
107.
868/142
03—07
108.
869/142
00—01
109.
870/142
00—04
110.
871/142
00—16
111.
872/119
00—11
112.
189 min
03—00
————————————————————————————
Total Land
1034–06
————————————————————————————
(Sd.) PHOOLA RAINA,
Under Secretary to the Government,
Tourism Department.
—————
1
2
3
—————————————————————————————
K. M.
No. 40-a] The J&K Official Gazette, the 31st Dec., 2021/10th Pausa, 1943. 7
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Annexure ‘‘B’’ to S.O. No. 443 Dated 31st December, 2021.
—————————————————————————————
Quantum of Land
S. No.
Survey No.
Area
—————————————————————————————
K.
M.
1.
322 min
03—00
2.
322 min
05—03
3.
321
13—11
4.
322 min
04—00
5.
322 min
03—00
6.
323 min
14—09
7.
323 min
10––00
8.
324
23—19
9.
324 min
02—00
10.
325
05—13
11.
326
10—06
12.
333
03—13
13.
334
13—17
14.
335
06—15
15.
336
19—11
16
337
26—06
17
340 min
33—13
18.
341 min
13—17
19
342
28—09
20
343
10—19
21.
503/481
14—13
22.
507/481
03—08
23.
338
07—05
24.
339
16—04
25.
340 min
10—00
26.
480 min
04—00
27.
480
29—07
8
The J&K Official Gazette, the 31st Dec., 2021/10th Pausa, 1943. [No. 40-a
––––––––––––––––––––––––––––––––––––––––––––––––––––––
28.
520/481
02—10
29.
550/481
05—16
30.
551/481
01—18
31.
542/481
06—18
————————————————————————————
Total Land
354 Kanals
————————————————————————————
(Sd.) PHOOLA RAINA,
Under Secretary to the Government,
Tourism Department.
1
2
3
—————————————————————————————
K.
M.
GOVERNMENT OF JAMMU AND KASHMIR,
INDUSTRIAL TRIBUNAL AND LABOUR COURT,
JAMMU
Before the J&K Industrial Tribunal and Labour Court
Jammu and Kashmir, Jammu
Present :—Ms. Bala Jyoti.
––––––––
File No. 90/ITLC.
Date of Institution : 08-02-2008.
Date of Decision : 20-10-2021.
––––––––
Dev Raj, Jr. Assistant,
Versus
Director, Adm. M/S Acharya
Receptionist,
Shri Chander College of Medical
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
Vol. 134]
Jammu, Mon., the 21st Feb., 2022/2nd Phal., 1943.
[No. 47-3
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 Heads of Departments.
———–
2
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[No. 47-3
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
Record Office
Science and Hospital, Bye-Pass,
(ASCOMS Hospital),
Jammu.
Sidhra, Jammu.
..............(Petitioner)
..........(Respondent)
––––––––
Petitioner through Authorized representative is present.
Sh. Achal Kumar Sharma for Respondent is present.
In the Matter of :—Reference of dispute by the Govt. vide SRO No. 15
dated 11th January, 2008 claim petition.
–––––––
Award
1.
Reference for adjudication by this Tribunal is made by the Principal
Secretary to Government, Labour and Employment Department
vide SRO Notification No. 15, dated 11th January, 2008 under
section 10(1)(c) of section 10 of the Industrial Disputes Act, 1947
on the following issues :—
(a)
Whether the termination of services of Sh. Dev Raj is legally
justified ?
(b)
If not what relief he is entitled to ?
2.
The matter as projected through the claim petition before this
Tribunal can be precisely adumbrated thus. The facts which are
uncontroverted between the respondents are that Sh. Dev Raj
(hereinafter referred to as ‘the petitioner’) was employed as a
Junior Assistant/Receptionist in the Acharya Shri Chander College
of Medical Science and Hospital, Jammu (‘ASCOMS Hospital’/
respondents) on contract basis vide Order No. ASCOMS/ADM/
DP/1997, dated 09-10-2001, of course, on trial basis, initially for
a period of six months on a consolidated salary of Rs. 2000/- per
month but his service uninterruptedly continued till 03-01-2005
i. e. for a period of three years and three months and thereafter
vide Order No. ASDCOMS/ADM/DP/3168, dated 03-01-2005 his
service was extended for one year with a monthly salary
47-3]
The J&K Official Gazette, 21st Feb., 2022/2nd Phal., 1943.
3
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@ Rs. 2600/-. This fact is also born on record that vide order
dated 27-12-2005, a further extension of service for a period of
six months was also given with the stipulation that. “During the
period of contractual appointment, if anything is found amiss with
your working, your contractual service may be terminated without
giving you any notice”. However at the time his service came
to be terminated his salary was @ Rs. 2850/- per month on
01-7-2007.
3.
The respondents’ tangible case is that the petitioner is not a
“workman” his services were hired on contract basis and the
respondents’ institution being a hospital does not come within the
definition of “Industry”, hence the claim merits outright dismissal.
The second plank of respondents’ case is that this is a case of
contractual service and non-extending contract of the petitioner
cannot be termed as retrenchment. According to respondents,
‘the expression retrenchment does not cover a case of non-
renewal of contract of employment between the employer and
employee on the expiry of the contract. It is vociferously argued
that as the provisions of S, 25 F of the Industrial Tribunal
Act, 1947 is not attracted in the facts and circumstances of the
case, the reference can be answered by holding that petitioner’s
service has been lawfully terminated as such he is not entitled to
the relief sought for. This is also submitted that regular service for
240 days under these covenants also does not bring the petitioner
within the definition of a ‘workman’ in order to get benefits of
the legislation. The petition is, it is submitted, only vexatious and
as such the same may be dismissed with costs.
4.
Parties have examined witnesses also and no oral evidence is
admissible as against written documents. Obviously both of them
have however placed reliance mostly on the same documents
pertaining to appointment and termination of petitioner’s services
besides some letter showing conduct of' the petitioner during his
service and his explanation presented on behalf of the respondents.
5.
Heard. Perused the record on file. Parties have reiterated what
they have pleaded and supported their respective version by citing
law.
4
The J&K Official Gazette, 21st Feb., 2022/2nd Phal., 1943.
[No. 47-3
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6.
As the case goes, precisely stating, there is voluminous documentary
evidence evincing that the petitioner was appointed as a Junior
Assistant/Receptionist on contractual basis by the respondents and
yet on trial basis for a period of six months on a consolidated
salary of Rs. 2000/- per month vide Order No. ASCOMS/ADM/
1997, dated 09-01-2001. Afterwards his contractual service was
intermittently continued to be extended from time to time,
as shown hereinabove and finally came to be terminated on
01-07-2006. Of course his salary was hiked from Rs. 2000/- to
Rs. 2600/- per month and finally Rs. 2850/- per month. To be
precise the petitioner rendered continuous service for a period of
about five years. The other aspect emphasised by the petitioner
that his service was continuous for a period of 240 days and for
that also he is eligible for benefits under IDA, 1947.
7.
I shall address each point vehemently agitated by the parties. In
the first place the most canvassed and pivotalpoint of discussion
is whether the petitioner was a permanent employee and not a
contractual employee of the respondent. In this regard there is
ample evidence on file that the respondent employed the petitioner
by order dated 09-10-2001 for six months on monthly salary @
Rs. 2000/- on trial basis. However the respondent continued his
services by different orders comprehensively mentioned herein-
above and his service continued till 27-12-2007 when the contract
of service was not further extended which culminated to an end
of petitioner’s service with the respondents. There are clear
covenants in the orders of extension of service of the petitioner
that his service is purely on contract basis regarding which there
is no demurrer by the petitioner. His stand is only that he has
rendered continuous service for 240 days so his service could not
be retrenched without following the procedure of law in as much
as the management did not pay any service compensation to
petitioner at the time of illegal termination and violated the
provisions of section 25F of the Industrial Disputes Act, 1947 and
therefore seeks to be ordered to join back on duty on the same
post with full back wages. He has stressed for an award of
reinstatement in-service with continuity of service.
47-3]
The J&K Official Gazette, 21st Feb., 2022/2nd Phal., 1943.
5
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8.
The onus to prove that the petitioner’s service was not on
contractual basis but of permanent nature is on the petitioner
himself. Regarding the petitioner’s claim that since he rendered
continuous service for more than 240 days he must have been
confirmed by the respondents, suffice it would be to say that
rendering a continuous service for 240 days by a temporary
employee much less a contractual employee in any institution does
not ipso facto gets an indefeasible right to made permanent and
this is no more res integra. There is catena of authority on the
subject but suffice it to refer to law laid down in Madhyamik
Shiksha Parishad, U. P. Vs. Anil Kumar Mishra and Others,
[(2005) 5 SCC 122], Executive Engineer, ZP Engg. Divn. and
Another Vs. Digambara Rao and others, [(2004) 8 SCC 262],
Dhampur Sugar Mills Ltd. Vs. Bhola Singh, [(2005) 2 SCC
470], Manager, Reserve Bank of India Bangalore Vs. S. Mani
and others [(2005) 5 SCC 100] and Neeraj Awasthi, wherein
it is held that it is now well-settled that only because a person had
been working for more than 240 days, he does not derive any
legal right to be regularized in service.
9.
In view of the above this Tribunal finds no substance in the
petitioner’s argument that respondents ought to have confirmed
him on the post he was appointed and functioned for a period of
five years as such the argument is repelled.
Then the petitioner has argued that (i) the respondent was under
an obligation to have confirmed him on the post on which he had
been appointed and worked for a period of five years ; (ii) that
he has been retrenched he is entitled to back wage one month
salary.
The law on the point is well settled that there is no legal obligation
on the part of the Management to confirm the employee who has
worked for 240 days. This apart, termination of the services of
the petitioner as end of contractual period of services is covered
by Section 2(oo) (bb) of the Industrial Disputes Act, 1947 and
hence such type of termination of the services is automatic in
nature for which no specific action is required to be taken by the
respondent as such contract is bound to come to an end after
6
The J&K Official Gazette, 21st Feb., 2022/2nd Phal., 1943.
[No. 47-3
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
certain specific period. To sum up, the irresistible inference that
can be drawn from the settled position of law is that the contractual
period of services comes to an end, it is not retrenchment within
the meaning of Section 2(oo) of the Industrial Disputes Act, 1947
as such there is no question of following any procedure mentioned
in the Industrial Disputes Act much less under Section 25 (F)
thereof. Accordingly the petitioner is not entitled to back wage or
any incidental wages. The inevitable consequence there is that
even if petitioner has worked for 240 days in a continuous year,
there is no statutory obligation, on the part of management, to
confirmhim as canvassed by him. Moreover, the termination of
the services because of end of contractual period of services is
covered by Section 2(oo) (bb) of the Industrial Disputes Act, 1947
and hence such type of termination of the service is automatic in
nature, as already held, because of free volition of the parties
for which no specific action is required to be taken by the
Management. This type of service is obviously not covered by the
definition of ‘retrenchment’. Therefore once the contractual period
of service comes to an end it is not the retrenchment within the
meaning of Section 2(oo) of the Industrial Disputes Act, 1947.
There is no question of following any procedure mentioned in the
Industrial Disputes Act much less under Section 25 (F) thereof.
The termination of petitioner’s service by the respondent is fully
justified as it automatically came to an end (terminated) of the
expiry of contract.
10.
The reference ‘Whether the termination of services of Sh. Dev
Raj is legally justified’ is accordingly answered in favour of the
respondent. To buttress the same reference may be made to letter
of appointment dated 09-10-2001 read with letter of extension
dated 27-12-2006. First para of the order reads. Your case for
extension of service based on your permanence has been considered
by the Competent Authority and it has been desired that your
services be extended on contractual basis for a further period of
six months i. e. 01-01-2006. However in the event of no further
order issued for extension of your services, your service shall be
deemed to have been terminated with effect from 30-6-2006. This
unambiguous stipulation in the supra order leaves nothing to
47-3]
The J&K Official Gazette, 21st Feb., 2022/2nd Phal., 1943.
7
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
interpret against the petitioner’s service coming to an end on the
completion of six months period for which an extension of service
was granted. This however makes no difference if petitioner’s
service was further extended for a short period on the same terms
and condition. His service, it is therefore, held was legally
terminated. Regarding his rendering of service for 240 days in a
years and any benefit flowing from retrenchment, if any, law is
quite clear and comprehensive reply can be found in the foregoing
paragraphs of this order.
11.
Resultantly, as it has been held that the petitioner’s service has
been lawfully terminated, he is held entitled to no relief as sought
for through this claim petition. The reference is accordingly
answered.
12.
The award may be published accordingly.
Announced :
20-10-2021
(Sd.) BALA JYOTI,
Presiding Officer,
Industrial Tribunal and Labour Court.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—REVENUE DEPARTMENT
Subject :—Conversion of agricultural land for non-agricultural
purposes-reg.
Reference :—Administrative Council Decision No. 137/16/2021 Dated
15-12-2021.
–––––––––
Government Order No. 174-JK(Rev) of 2021
Dated 28-12-2021.
Whereas, vide Adaptation Order, SO-3808(E) dated 26-10-2020
issued by Ministry of Home Affairs, Gol, section 133-A has been inserted
in Jammu and Kashmir Land Revenue Act, Samvat, 1996 which provides
EXTRAORDINARY
REGD. NO. JK—33
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134]
Jammu, Tue., the 28th Dec., 2021/7th Pausa, 1943.
[No. 39-3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
———–
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
2
The J&K Official Gazette, 28th Dec., 2021/7th Pausa, 1943. [No. 39-3
–––––––––––––––––––––––––––––––––––––––––—–––—————––——
restriction on conversion of agricultural land and process for permission
of non-agricultural (NA) use and provides as under :—
“Subject to the procedure notified in sub-section (4), no land used
for agricultural purposes shall be used for any non-agricultural
purposes except with the permission of the District Collector.”
Whereas, the ceiling limit for which the District Collector shall
grant permission for conversion of agricultural land to non-agriculture
purpose has not been prescribed under section 133-A of the said
Act ; and
Whereas, the Jammu and Kashmir Agrarian Reforms Act, 1976
provides the ceiling area to the extent of land measuring twelve and
a half standard acres for the purpose of the said Act ; and
Whereas, it has been felt that the competent authority may face
difficulty in proper implementation of the provision of section 133-A
of the Jammu and Kashmir Land Revenue Act, Svt. 1996 ; and
Whereas, section 141 of Jammu and Kashmir Land Revenue Act,
Svt. 1996 enables the Government to make such provision for removal
of difficulties, which is excerpted herein under :—
“if any difficulty arises in giving the effect to the provisions
of this Act, the Government may by Order, published in the
Official Gazette, make such provisions, not inconsistent with the
provisions of this Act, as it appears to be necessary or expedient
for the purpose of removing the difficulty”.
Now, therefore in exercise of the powers conferred by section 141
of Jammu and Kashmir Land Revenue Act, Svt. 1996, the Government
hereby directs that the District Collector while exercising powers under
section 133-A of the Act shall not grant permission for conversion of
land more than twelve and a half (12½) standard acres in accordance
with the procedure notified by the Board in this behalf.
By order of the Government of Jammu and Kashmir.
(Sd.)
VIJAY KUMAR BIDHURI, IAS,
Commissioner/Secretary to the Government.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Fri., the 14th Jan., 2022/24th Pausa, 1943. [ No. 42-1
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
BOARD OF REVENUE, JAMMU AND KASHMIR
Subject :— Jammu and Kashmir Agricultural Land (Conversion for Non-
Agricultural Purposes) Regulations, 2022.
References :— I. Decision No. 137/16/2021 dated 15.12.2021 of the
Administrative Council.
II. U. O. No. FD-CODES/389/2021-02-1426 dated
15.12.2021 from the Finance Department.
III. Letter No. Rev-Sett/138/2021(E-70865) dated
28.12.2021 and dated 29-12-2021 from the Revenue
Department.
EXTRAORDINARY
REGD. NO. JK–33
2
The J&K Official Gazette, 14th Jan., 2022/24th Pausa, 1943. [No. 42-1
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
IV. Letter No. Rev-Sect/138/2021(E-70865) dated
12-01-2022 from the Revenue Department conveying
vetting by the Department of Law, Justice and
Parliamentary Affairs and approval of the Competent
Authority to the draft regulations.
–––––
Notification No. 1-JK (BoR) of 2022
Dated 14-01-2022.
In exercise of the powers conferred by the sub-section (4) of
section 133-A read with sub-section (2) of section 5A of the Jammu and
Kashmir Land Revenue Act, Samvat, 1996, the Board of Revenue hereby
notify the regulations namely Jammu and Kashmir Agricultural Land
(Conversion for Non-Agricultural Purposes) Regulations, 2022, forming
Annexure to this notification.
By order of the Competent Authority.
(Sd.) RISHPAL SINGH, JKAS,
Additional Commissioner (Central) in the
Office of Financial Commissioner, Revenue, J&K.
––––––
No. 42-1]
The J&K Official Gazette, 14th Jan., 2022/24th Pausa, 1943.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Annexure to Notification No. 01-JK(BoR) dated 14-01-2022.
JAMMU AND KASHMIR AGRICULTURAL LAND
(CONVERSATION FOR NON-AGRICULTURAL PURPOSES)
REGULATIONS, 2022.
1. Short title and commencement.—(1) These regulations may
be called the Jammu and Kashmir Agricultural Land (Conversion for Non-
Agricultural Purposes) Regulations, 2022.
(2) They shall come into force with effect from such date as the
Government may publish, by notification, in the Official Gazette.
2. Definitions.—(1) In these Regulations, unless the context
otherwise requires,—
(a) ‘Act’ means the Jammu and Kashmir Land Revenue Act, Smvt.,
1996 ;
(b) ‘Competent Authority’ means the District Collector of the
district in whose jurisdiction the land falls ;
(c) ‘Conversion fee’ means the fee prescribed by the Board of
Revenue for conversion of agriculture land to non-agriculture
purposes ;
(d) ‘Government’ means Government of the Union Territory of
J&K ;
(e) ‘Market Value’ means market value of land as notified by the
District Valuation Committee of the concerned district under
the Stamps Act, Samvat 1977.
(2) All words and expressions used but not defined in these regulations
shall have the meanings assigned to them in the Act.
3. Permission for conversion.—A land owner(s) may make an
application to the Competent Authority for permission to convert, or change
the use of, agricultural land for non-agricultural purposes as under :—
(a) Residential purposes, beyond the 400 Sq. meter ;
(b) Any other purpose.
4
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4. Form of application and process for permission to convert
use of land.—(1) Every application for permission for conversion of use
of land from agriculture to Non-Agriculture as provided in section 133-A of
the Act, shall be made in the ‘Form-I’ to the District Collector concerned.
In case, different portions of land are included in the same Survey/Khasra
number then separate ‘Form-I’ for each purpose shall be filled.
(2) The application shall be filed on the web portal of the District
Collector concerned.
(3) The following documents shall be attached with the application/
uploaded on the portal :—
i. Revenue extracts (Jamabandi/Khasra Girdwari/Atima) ;
ii. Copy of sale deed/mutation, if any ;
iii. Key Location plan of the site ;
iv. Letter of intent from concerned agency if for establishing petrol
pump/gas plant etc. ;
v. Approval of the concerned department which would regulate
the activity for which change of land use has been sought as per
the authorization notified in that department.
(4) The District Collector shall forward the application to the Revenue
field agencies for verification and records and shall also endorse a copy of
application to Power Development Department, Public Works Department,
Irrigation Flood Control, Jal Shakti Department, National Highway of India
(as the case may be), Railways/Airport Authority (if required) and any
other relevant agency/department for verification and no objection in this
regard.
(5) Thereafter the application shall be placed before the District Level
Committee, which shall comprise the following :—
(a) District Collector concerned
Chairman
(b) Assistant Commissioner (Revenue)
Member-Secretary
No. 42-1]
The J&K Official Gazette, 14th Jan., 2022/24th Pausa, 1943.
5
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Senior most officers in the District of the following departments :—
(c) Public Works (R&B)
Member
(d) Irrigation and Flood Control
Member
(e) Power Development Deptt.
Member
(f) Pollution Control Committee (if required)
Member
(g) Agriculture
Member
(h) Industries and Commerce
Member
(i) Development Authority of the District
Member
(j) Forests
Member
(k) Any other Member (s) co-opted by the Chairman
(6) The District Level Committee after considering the genuineness
of the claim shall give its recommendations and the proceedings of
deliberations of the Committee shall be maintained by the Assistant
Commissioner (Revenue) concerned and annexed with the case for
consideration by the competent authority.
(7) The District Level Committee shall meet on weekly basis, on a
fixed day of the week, duly notified for information of the general public
and the applicants, to consider the cases regarding change of the land use.
However, the District Collector concerned may arrange additional meetings
to dispose of the cases.
(8) In order to ensure timely disposal of the applications, the District
Collector shall forthwith communicate deficiencies within a week of receipt
of the application, and any additional observations after consideration by
the district level committee, preferably after its first meeting and at the
most the second meeting. The line departments shall ensure conveying
their comments to the District Level Committee well in time to adhere to
the timelines indicated herein.
6
The J&K Official Gazette, 14th Jan., 2022/24th Pausa, 1943. [No. 42-1
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(9) District Collector shall ensure that decision/comments on the
application are necessarily conveyed to the applicant in the prescribed time
frame and, preferably, the third meeting after the application, complete in
all respects and without any deficiencies, is received and considered by the
committee. In case no such communication is issued by the District Collector,
he shall ensure that the matter is also brought immediately to the notice of
the Oversight Committee in the Revenue Department after three weeks of
receipt of the application, complete in all respects.
(10) All the pending applications shall be reviewed in each meeting
irrespective of the stage at which it is pending.
(11) The District Collector shall issue a demand notice in ‘Form-II’
to the applicant once the case is recommended by the District Level
Committee to deposit the conversion fee of the said land to the Government
under Account Head 0029 and submit copy of Treasury Challan within 07
days from the date of issuance of demand notice.
5. Conditions for permission.—A permission to convert the use
of agricultural land for any non-agricultural purpose may be granted by the
District Collector in the ‘Form-III’, after recommendations from District
Level Committee and after depositing of the requisite fee. The permission
shall be granted subject to the following among other conditions :—
(a) The grant of permission shall be subject to the provisions of the
Jammu and Kashmir Land Revenue Act and Rules made there
under ;
(b) The land shall not be used for a purpose other than that for
which permission is granted ;
(c) The applicant shall commence the non-agricultural use
applied for within one year from the date of the order made
by the District Collector in that behalf, failing which, unless the
said period is extended by the District Collector from time to
time, up to the maximum period of two years from the first date
of permission, the permission granted shall be deemed to have
lapsed ;
No. 42-1]
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7
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
(d) The applicant shall be liable to pay such additional levy/conversion
fee/charges as may be determined with reference to the altered
use/extension of time, as the case may be ;
(e) Any other reasonable conditions which the District Collector
may deem fit to impose having due regard to the sanctioned use
of the land ;
(f) The action for any violation shall be taken by the ACR/SDM
concerned under the provisions of the Act.
6. Conversion Fee.—For conversion, the concerned land owner
shall be charged a fee equivalent to an amount of rupees five (5) percentum
of the market value of the land as notified for the purpose under the Stamps
Act. If subsequently land use is changed for a purpose other than that for
which permission has been given, then the fee, if applicable on the differential
market value shall be charged after permission for the purpose is accorded
by the District Collector concerned.
7. Time period.—The time period for deciding application for grant
of permission shall ordinarily be 30 days :
Provided that if no decision/comment is conveyed within a period of
30 days after receipt of application complete in all respects, the District
Collector shall, deeming due consideration, grant permission exercising the
powers vested in him. He shall also report the details of such cases with
explanatory note to the Revenue Department :
Provided further that the period of 30 days shall be counted from the
date of addressing all the deficiencies as may be communicated by the
District Collector.
8. The District Collector shall furnish a statement on a prescribed
‘Form-IV’ to the Divisional Commissioner, Board of Revenue and the
Revenue Secretary on monthly basis.
9. Monitoring of implementation of these Regulations.—
(1) The Assistant Commissioner (Revenue), Sub-Divisional Magistrate and
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––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Tehsildar concerned shall be responsible for monitoring the implementation
of these regulations within their respective areas of jurisdiction.
(2) If any violation is noticed by, or reported to, the Assistant
Commissioner (Revenue), SDM or Tehsildar concerned as the case may
be, action as required under the Act shall be taken.
(3) It shall be also the duty of every Agriculture Extension Officer to
report violations of these regulations in their respective areas of jurisdiction
to the Assistant Commissioner (Revenue), SDM or the Tehsildar concerned
and in case he fails to do so and he shall be treated as a dereliction of duty
on his part and he shall be liable to disciplinary action for such dereliction.
10. Action for land converted in violation.—In case any land is
converted in violation of the provisions of the section 133-A of the Act and
these regulations, then action as warranted under 133-C of Act shall be
taken recourse to by the D
istrict Collector concerned.
(Sd.) .............................
Member,
Board of Revenue.
FORM-I
Form of Application for conversion of agricultural land for non-
agricultural purpose under sub-section (4) of Section 133 of the J&K
Land Revenue Act.
To
The District Collector of________________
District
Sir,
I/We__________________________________________________
is residing at VillageWard________________Tehsil______________
and District__________________ want to use agricultural land for non-
agriculture purpose.
I/We shall deposit the conversion fee for conversion of agricultural
land to non-agricultural purpose as prescribed by Board of Revenue.
I/We annex to this application, certified copy of revenue records
(intriplicate) i. e. copy of Mutation, Jamabandi, Aks Tatima, Khasra
Girdawari and a sketch layout of the site showing the location of the
proposed land for which permission is sought. l/We also furnish the following
information :—
S. No.
Item
Particulars
———————————————————————————
1
2
3
———————————————————————————
1.
Full name and parentage of the applicant(s)
2
Full postal address
3
Contact No.
4.
E. Mail ID
5.
Occcupation
6.
Village, Tehsil and District where the land is
situated
7.
Khasra No.
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––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
8.
Khata No. and Khewat No.
9.
Mode of ownership of land (inheritance,
sale deed/gift deed or any other)
10.
Purpose for which land is to be used
11.
Total area proposed for conversion
12.
Present use of the land i. e. whether any
building exists (residential, industrial,
commercial, any other non-agricultural
purpose)
13.
Whether the land is situated in urban area/
rural area
14.
Whether the land is near Airport, Railway
Railway Line, National Highway, Defence
Area/Educational Institution, Jail/Prison,
Jal Shakti utility, Transmission line, any
public office or cremation or burial ground.
If so its approximate distance
15.
Whether the land is under acquisition for
any developmental activity, if so, details
16.
Is there a road from where the land is easily
accessable (indicate name of the road and
distance of the proposed) building from
centre of the road. If no road adjoining to
land, how it is proposed to provide access
to the site
17.
Was a similar application made in the past
for non-agricultural use of this land, was it
is rejected ? If yes, why ?
I/We shall obtain all the requisite NOCs as required for grant of
permission from the concerned department
l/We solemnly affirm that the information given above is true to the
best of my knowledge and belief
l/We therefore, request you to kindly grant permission for conversion
of my agriculture land mentioned above to non-agriculture purposes in
accordance with section 133-A of J&K Land Revenue Act, 1996
1
2
3
———————————————————————————
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11
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(Samvat) as amended vide Adaptation Order SO 3808(E) dated
26.10.2020.
Yours faithfully,
Dated :
Signature(s) of applicant(s)
————
Receipt
Receipt No.__________
Date________________
Received the application form from Sh.________________
S/o__________________R/o____________________ for conversion
of Khasra No._____________ in Village_____________________
'
Signature of the Receipt Clerk
of District Collector.
12 The J&K Official Gazette, 14th Jan., 2022/24th Pausa, 1943. [ No. 42-1
FORM–II
Office of the District Collector___________________
Notice No._________
Dated____________
Sh._____________________
You are hereby informed through this notice that the change of land
use case placed before the District Level Committee on__________and
has been recommended for consideration by the competent authority.
Further, you are hereby directed to deposit the conversion fee amounting
to Rs._________in the Account Head 0029 and furnish a copy of challan
to this office within 07 days from the date of receipt of this notice.
Signature of the prescribed authority
District Collector______________
———
No. 42-1] The J&K Official Gazette, 14th Jan., 2022/24th Pausa, 1943. 13
FORM–III
Office of the District Collector___________________
Order No._________
Dated____________
Whereas, an application has been filed under section 133-A of J&K
Land Revenue Act, Smt. 1996 by Sh._____________for permission to
use land measuring_________Kanal under Khasra No._________situated
at Village_________Tehsil________District________for non-agriculture
purpose ; and
Whereas, after obtaining the necessary NOCs of the different
departments, reports of revenue field formation and their recommendation,
the case was placed before District Level Committee in its meeting held on
________________found the case genuine and recommended for
consideration of the case by the competent authority ; and
Whereas, the applicant has deposited conversion fee of the said land
to the Government under Account Head 0029 vide Treasury Challan No.___
Dated_______. Now, therefore, permission is hereby granted to use
agriculture land for non-agriculture purpose_________________as per
the particulars given below :—
S.
District Tehsil Village Khasra
Quantum Purpose of Remarks
No.
No.
of land
Conversion
1
The permission for conversion of above land shall be subject to the
following conditions :—
1. The applicant shall make the land suitable for the particular non-
agriculture purpose for which permission is granted and prevent any
insanitary conditions.
2. The land shall be used only for the purpose for which permission has
been accorded and shall not be used for any other purpose without
obtaining prior permission of the competent authority.
14 The J&K Official Gazette, 14th Jan., 2022/24th Pausa, 1943. [ No. 42-1
3. The land shall be put to use for converted purpose within a period of
one year from the date of issuance of this permission order, falling
which unless said period is extended by the District Collector from
time to time, the permission granted shall be deemed to have lapsed.
4. The applicant shall raise construction/building on the said land only
after obtaining the permission from the concerned municipal bodies.
5. The applicant shall abide by all the Act/Rules and Regulations applicable
on such lands.
Signature of the prescribed authority
District Collector
File No._________
Dated __________
_______
No. 42-1] The J&K Official Gazette, 14th Jan., 2022/24th Pausa, 1943. 15
S.
No.
District
Tehsil
Village
Khasra
No(s)
Quantum of
land for which
permission has
been granted
Name of
applicant(s)
and his
complete
details
Order
No./
Date
Purpose for
which
permission
is granted
Conversion
Fee
Quantum
of land
of which
permission
has been
granted
earlier
Remarks
FORM–IV
Subject :—Format to be maintained by District Collector and to submit copy to Board of Revenue on monthly basis.
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
(Office of the Registrar General at Jammu).
Subject :—Electronic Filing (e-Filing) in the High Court of Jammu and
Kashmir and Ladakh and in Subordinate Courts and
Tribunals of Jammu and Kashmir and Ladakh, Rules, 2021.
––––––––
Notification
No. 1245 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 and Kashmir
and Ladakh, with prior approval of the Lieutenant Governor of the
Union Territory of Jammu and Kashmir, hereby makes the following
Rules :—
1. Short title and commencement.—These Rules shall be called
“the Electronic Filing (e-Filing) in the High Court of Jammu and Kashmir
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134]
Jammu, Mon., the 15th Nov., 2021/24th Kart., 1943.
[No. 33-1
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Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
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and Ladakh and in Subordinate Courts and Tribunals of Jammu and
Kashmir and Ladakh, Rules, 2021”.
These rules shall come into force from the date as may be notified
by the Chief Justice of the High Court of Jammu and Kashmir and
Ladakh from time to time.
2. Applicability.—These Rules shall apply to Electronic Filing
(e-Filing) of cases in the High Court and Subordinate Courts in Jammu
and Kashmir and Ladakh and Tribunals over which the High Court has
supervisory jurisdiction.
3. Definition.—
(a)
“Administrator” means the Registrar (IT) or an officer
appointed by the Chief Justice for administering and
dealing with matters connected or relating to e-Filing.
(b)
“Case Information System (CIS)” is the system of
networked software and hardware used by High Court and
subordinate courts in Jammu and Kashmir, and Ladakh
that may receive, organize, store, retrieve and transmit data
of cases.
(c)
“Conventional Filing” means the physical non-electronic
presentation of Documents before the Court.
(d)
“Common Service Centres” means and includes those
centres which are designated by the High Court for the
purposes of e-Filing under these Rules.
(e)
“Document” mean pleadings, annexures, exhibits, affidavits,
memoranda, papers, orders, notices and any other filing to
the Court.
(f)
“Electronic court records” are electronic records created,
generated, sent, communicated, received, or stored by
electronic means which are capable of being printed on
paper, or transferred to archival media, without loss of
content or material alteration of appearance. Court records
may be created or converted to electronic formats by the
e-Filer or Court to searchable electronic records using
scanning technology. Electronic Court records shall constitute
the official record and will be equivalent to Court records
filed in paper.
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(g)
“e-Filer” means an individual filing the documents
electronically through the electronic filing system and who
has a user ID, password, and limited authority to file
Documents electronically.
(h)
“Electronic Filing (e-Filing)” means the electronic
transmission of a Document to the Court using the Court’s
electronic filing system either by an e-Filer or through
Common Service Centres, together with the transmission
from the Court of a notice of electronic filing.
(i)
“E-Filing System (EFS)” is the system of networked
hardware, software, and service providers approved by the
High Court for the filing of Documents via the Internet/
Intranet for use by the Courts in Jammu and Kashmir, and
Ladakh.
(j)
“Electronic identity” means the combination of the
e-Filer’s login ID/username, password, and profile.
(k)
“Evidence” means and includes evidence as defined under
the Indian Evidence Act, 1872.
(1)
“Litigant” means a person who contests, defends or
intervenes in a Pleading such as appellant(s), plaintiff(s),
petitioner(s), complainant(s), applicant(s), defendant(s),
respondent(s), decree-holder(s), judgment-debtor(s) non-
applicant(s) or intervener(s).
(m)
“Notice of Electronic Filing (NEF)” means a notice sent
by email or SMS containing the details automatically
generated by the E-Filing System at the time of filing the
Document with the system, in Indian Standard Time (IST).
A Notice of e-Filing will be sent to the registered email and
mobile phone number given at the time of e-Filing by
e-Filer immediately after the e-Filing.
(n)
“Objections” means and includes deficiencies and errors
pointed out by the Registry in relation to the Documents
filed electronically.
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(o)
“PDF” means an electronic document filed in a portable
document format.
(p)
“PDF/A” means an ISO-standardized version of the
Portable Document Format (PDF) specialized for the
digital preservation of electronic documents.
(q)
“Pleadings” includes all proceedings instituted in a Court
such as suits, criminal complaints, appeals, civil or criminal
writ petitions, revision petitions, contempt petitions,
execution petitions, arbitration petitions, probate cases and
interlocutory applications, written statements, replies,
counter-affidavits an additional or supplementary affidavit.
(r)
“Public Access Terminal” is a publicly accessible
computer provided by a Court that allows a member of
the public to access the EFS and public Court records.
(s)
“Registry” means the registry of the Court.
(t)
“Scanned document” means an electronic image created
by scanning a paper document, by use of any scanning
device or desktop or mobile-phone software application.
(u)
“Technical failure” means failure of the Court’s hardware,
software, and/ or telecommunications facility which results
in the impossibility for an e-Filer to submit a filing
electronically. Technical failure does not include
malfunctioning of an e-Filer’s equipment.
(v)
“User Agreement” is an agreement in a form approved by
the High Court that establishes obligations and responsibilities
of the e-Filer within the EFS.
(w)
“Working Day” means and includes a day and time when
the Registry of the Court is working under the calendar
published or as directed by the Court. Words and
expressions which are used in these Rules and have not
been defined shall have the same meaning as given to them
under the J&K High Court Rules, 1999.
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4. Document to be Filed Electronically.—Except as provided
elsewhere in these rules, all Documents in fresh, pending or disposed
of cases, may be filed electronically in the manner hereinafter provided.
A Document that an Advocate or a Litigant file electronically under these
Rules has the same legal effect as a document filed through Conventional
Filing.
5. Registration and Responsibilities of e-Filers.—1 Registration
in EFS would be limited to :—
(a)
Advocates practising in the High Court or Subordinate
Courts in Jammu and Kashmir, and Ladakh and Tribunals
over which the High Court registered with CIS ; and
(b)
Self-represented Litigant.
Litigant in person shall submit an affidavit/undertaking that
he/she has not engaged an Advocate in the Action. A
Litigant in person who subsequently engages an Advocate,
shall make an application before the Administrator for
transferring the data in respect of the Document to the
Advocate’s account. Once the Administrator allows the
application, the data in the Document shall be transferred
in the user account of the Advocate. The Litigant in person
will not be in a position to modify the data of the
Document, without the permission of the Administrator.
Registration :—
(a) The e-Filer’s login ID username, password, and profile will
constitute the e-Filer’s Electronic Identity and user account
for the purposes of these Rules. e-Filer must register online
through the website of High Court of Jammu and Kashmir
and Ladakh.
(b) The e-Filer will be subject to the terms of the e-Filing System
User Agreement.
(4) Responsibilities of e-Filer,—
a.
It will be the responsibility of the e-Filer to have a valid
and working email address that has not exceeded its size
limitation in order to receive notification from EFS
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electronically. It will not be the responsibility of the Court
to ascertain whether an e-Filer is receiving notifications
from the e-Filing System via email or not.
b.
If an e-Filer's email address, phone number, or other
information provided in the e-Filer’s profile has changed,
the e-Filer must promptly make the necessary changes to
his or her profile.
c.
An e-Filer shall be liable for,—
i.
Any conduct undertaken using his user ID ; and
ii.
The conduct of any person to whom access is provided
by him by sharing his user ID and password.
Provided that any inappropriate conduct may result in suspension
of the account or other proceedings as may be permissible under the
law for the time being for contempt of Court, or commission of an
offence under relevant laws in force at the time of the inappropriate
conduct. It shall be presumed that the Document(s) has(ve) been filed
by the person using the user ID and it shall be the responsibility of the
e-Filer to maintain the secrecy of his ID and password. If an e-Filer
believes that the security of his or her Electronic Identity has been
compromised or that a threat to the system exists, the e-Filer must notify
the Administrator.
d.
An e-Filer shall take all reasonable steps to ensure that the
Document does not contain computer code, including
viruses, that might be harmful to the court's Electronic
Filing System and to other users of that system.
6. Procedure for e-Filing.—
(a)
Whenever an e-Filer intends to file a Document, it shall
prepare the Pleadings electronically using any word
processing software in a format that can be rendered with
high fidelity to originals, is searchable while maintaining
original document formatting and capable of being tagged.
The formatting style of the text will be as under :—
i.
Page Size : The Document shall be prepared on the
A-4-page size. Conventionally Filing of Documents shall
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–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
conform to the existing Rules regarding the page size
and nature of the page.
ii.
Print Size : The font shall be Arial, Baskerville, Book
Antiqua, Bookman, Bookman Old Style, Century,
Century Schoolbook, Courier, Courier New, CG Times,
Garamond, Georgia, New Baskerville, New Century
Schoolbook, Palatino, Times New Roman or any other
legible font and the typeface shall be 12-point or larger
in both body text and footnotes.
iii.
Spacing : All text shall be 1.5 or more, except the
footnotes, tables, charts, or similar material and text that
is blocked and indented shall be 1.15 line-spaced
or more.
iv.
Numbering : The pages shall be numbered at the top
of all pages with central or right alignment.
v.
Margins. All the documents will have minimum top and
bottom margins of 1.5´´, right margin will be 1.0´´ while
the left margin will be 1.75´´.
vi.
Alignment : All the documents will be aligned with
justified alignment.
(b)
Documents must be converted to PDF/A or PDF format
before they are filed in the e-Filing System by using any
PDF converter or in-built PDF conversion plug-in provided
in the software. PDF/A is the preferred format for EFS.
(c)
Where the Document is not a text document and has to
be enclosed with the pleadings, the document should be
scanned using an minimum image resolution of 300 dpi (dot
per inch) and saved as a PDF or PDF/A document in A4
size. The e-Filer must ensure that the filing is an accurate
representation of the document and is complete and
readable. Where the original is not clearly legible, a typed
copy of the same shall be filed at the same time duly
certified by the Advocate filing the same to be a true typed
copy of the document. It shall also be scanned and
uploaded along with the original.
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(d)
If any Document is in a local language, an English
translation of the same may be filed at the same time duly
certified by the Advocate filing the same in the form and
manner prescribed hereinabove.
(e)
The maximum permissible size of the Document that can
be uploaded at the time of e-Filing is 25 MB. However,
if the file is large, the e-Filer may visit one of the Common
Service Centres for e-Filing through intranet.
(f)
Documents filed in other formats or exceeding the
prescribed size limits will not be accepted for filing, save
that the same can be filed using a Conventional Filing.
(g)
If the filing of an electronically submitted Document
requires leave of Court, the e-Filer should attach the
proposed document as an attachment to the application
requesting leave to file. If the Court grants the leave and
allows the proposed document, the e-Filer must refile the
proposed document to make it part of the record.
(h)
(l) Signatures,—
(i)
A Document electronically filed using the e-Filing
System must bear the digital signature of the Advocate,
or a Litigant, where it is not represented by an
Advocate as more fully described in paragraphs (a) and
(b) below. The digital signature of the Advocate will
be treated as a personal signature and will serve as a
signature for purposes of Code of Civil Procedure,
1908, Criminal Procedure Code, 1973, Jammu and
Kashmir High Court Rules, 1999 or any other Rules
of Procedure and Practice, applicable statutes, the
Local Rules and any other purpose for which a
signature is required in connection with proceedings
before the Court.
(a)
An electronically filed Document must include a signature
block setting forth the name, mailing address, phone number,
and email address of the filing Advocate or Litigant where it
is not represented by an Advocate.
(b)
In addition, the name of the filing Advocate must be preceded
by a “/sd /” and typed in the space where the signature would
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9
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otherwise appear. A handwritten signature is required for any
Conventionally Filed Document.
(c)
Affidavits and exhibits to pleadings with original handwritten
signatures must be scanned and filed in PDF or PDF/A
format.
(i)
(1) Where the Litigant or the Advocate does not possess the
digital signature issued by the competent authority, such an
Advocate or the party can authenticate e-Filed Documents by
Aadhaar authentication using the Aadhaar number belonging
to the Advocate or Litigant and the OTP sent to the registered
mobile number of the Advocate or party with UIDAI (Unique
Identification Authority of India). Such an authentication shall
be considered as valid identification for all intents and
purposes and it shall be the responsibility of the Litigant or
the Advocate to maintain the security of his Aadhaar number
and the mobile phone registered with the UIDAI
(2) Where a document requires signatures of more than one
Litigant it may be filed either by :—
(a) representing the consent of the other Litigants on the
Document by inserting in the location where each
handwritten signature would otherwise appear the
typed signature of each person, other than the
filing Litigant, preceded by a “/sd/” and followed
by the words “by permission” (e.g., “/sd/AB by
permission”) ; or by
(b)
electronically filing a scanned Document containing
all necessary signatures.
(3) The signature on any document required to be notarized,
acknowledged, verified, or made under oath must be
handwritten and scanned into the e-Filing system. The Court
will maintain the scanned Document as the official Court
record, and the filing party must file the original documents
with the pleadings by conventional filing.
(j)
Wherever required by the Registry, advance copy of the
Document to be filed shall be provided to the other side, either
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physically or virtually, and a proof of the same shall be
attached to the Document.
(k)
The applicable instructions for e-Filing will be made available
on the website of High Court of Jammu and Kashmir (https./
/jkhighcourt.nic.in/) and every e-Filer will have to abide by
the same.
7. Document Binary File Name Standards.—The following
special characters are not allowed in a file name :—
*
A quotation mark(”)
*
A number sign/Pound(£)
*
Per cent(%)
*
Ampersand(&)
*
Asterisk(*)
*
Colon(:)
*
Angle brackets (less than, greater than) (<, >)
*
A question mark(?)
*
Backslash(\)
*
Forward slash(/)
*
Braces (left and right) ({})
*
Pipe(l)
*
A tildet(∼)
*
The period (.) character used consecutively in the middle of
the file name or at the beginning or end of the filename.
File names will not end with any of the following strings :
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11
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*
_files
*
_files
*
-Dateien
*
_fichiers
*
_bestanden
*
_file
*
_archivos
*
_filer
*
_tiedostot
*
_pliki
*
_soubory
*
_elemei
*
_ficheiros
*
_arquivos
*
_dosyalar
*
_datoteke
*
_fitxers
*
_failid
*
_fails
*
_bylos
*
_fajlovi
*
_fitxategiak
12
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*
In addition, file names should not exceed 45 characters in
length, including spaces. Single space must be counted as
one character reach.
8. Payment of Court Fee.—Court fee can be paid by the purchase
of electronic court fee either from the online facility provided by the
Stock Holding Corporation of India Limited (http:// www.shcilestamp.com/) or
from any other authorized court fee vendor in Jammu and Kashmir, and
Ladakh. The payment code whether automatically generated on payment
of court fee online through the payment gateway of Stock Holding
Corporation of India Limited on the receipt when Court fee is purchased
from the counter has to be filed in the appropriate box at the time of
e-Filing.
9. Retention of Original.—9 The original of the Documents that
are scanned and digitally signed either by Advocate or Litigant in person
at the time of e-Filing should be preserved for production upon being
directed by the Court at any time. Any other document whose
authenticity is likely to be questioned should be preserved at least for
a period of two years after the final disposal of the case including appeals
if any and the following documents shall be preserved permanently,—
(a)
A negotiable instrument (other than a cheque) as defined
in section 13 of the Negotiable Instruments Act, 1881
(26 of 1881).
(b)
A power-of-attorney as defined in section lA of the Power-
of Attorney Act, 1882 (7 of 1882).
(c)
A trust as defined in section 3 of the Indian Trusts Act,
1882 (2 of 1882)
(d)
A will as defined in clause (h) of section 2 of the Indian
Succession Act, 1925 (39 of 1925) including any other
testamentary disposition by whatever name called.
(e)
Any contract for the sale or conveyance of immovable
property or any interest in such property.
Note :—The responsibility for producing the originals and proving their
genuineness shall be of the Litigant that has electronically filed
the scanned copies thereof.
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10. Proof of Filing.—The proof of e-Filing will be available in
the account of the e-Filer and shall be sent by way of email and SMS
at the time of e-Filing on the registered email address and mobile number
of the e-Filer.
11. Case Entries.—The official nominated to receive an Electronic
Filing will create a case entry using the information provided by the
e-Filer to record the Document filed. If errors in the filing or case entry
are discovered by the officials, the official will notify the e-Filer of the
error and advise the e-Filer of what further action, if any, is required
to address the error. e-Filer notified of an error through a Notification
of Court shall make the necessary corrections within the time specified.
After the objections are cleared the case will be processed for listing
and the Advocate/Litigant in person will be informed including by email/
SMS.
12. Hard Copies of Documents filed Electronically.— Advocates,
as well as Litigants, can print hard copies of all Documents filed
electronically for their use in the Court or elsewhere. Advocate or
Litigant e-Filing a Document may be directed by the Court, in its
discretion, to also file a hard copy at the filing counter of the Registry
along with a note mentioned in the beginning certifying that, “Hard copy
and Soft copy are the same” and in case of any discrepancy between
the hard copy and the soft copy, the preference shall be given to the
copy filed earlier in time.
13. Storage and Retrieval of Electronically Filed Documents.—
The Documents electronically filed will be stored on an exclusive server
maintained for this purpose. Each case will be separately labelled and
encrypted for this purpose to facilitate easy identification and retrieval.
The security of such Documents will be ensured and access to them
would be restricted in the manner indicated hereinbefore and as may
be notified from time to time. Backup copies of all electronically filed
Documents will be preserved in the manner decided by the Court on
its administrative side.
14. Free Access to Electronic Documents.—Free access to
Documents filed electronically in a case will be provided only to
Advocates or the concerned Litigants themselves. Documents filed
conventionally earlier by an Advocate or the concerned Litigant and
digitized by the court shall also be provided to such Advocate or the
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concerned Litigant on an application to the Administrator. The
Advocate(s) or the Litigant may obtain documents from the relevant
entries in his account.
15. Exemption from Electronic Filing.—Exemption from
e-Filling of the whole or part of the Document may be permitted by
the Court upon an application for that purpose being made to the Court
in the following circumstances,—
(i)
e-Filing is, for the reasons to be explained in the application,
not feasible ; or
(ii)
there are concerns about confidentiality and protection of
privacy ; or
(iii)
the document cannot be scanned or filed electronically
because of its size, shape or condition ; or
(iv)
the e-Filing system is either inaccessible or not available
for some reason ; or
(v)
any other just and sufficient cause.
16. Service of Electronic Documents.—In addition to the
prescribed mode of service, notices, Documents that are filed
electronically may also be served through the designated e-mail IDs of
Registry officials to the e-mail address of the Advocates or Litigants,
if available. E-mail IDs of Registry officials will be published on the
Court website to enable the recipients to verify the source of the e-mail.
17. Computation of Time.—(1) Wherever limitation/time limits
apply, it will be the responsibility of the party concerned to ensure that
the filing is carried out well before the cut-off date and time. The date
of e-Filing will be taken as that date when the Action is electronically
received in the Registry within the prescribed time on any working day.
For computing the time at which e-Filing is made, Indian Standard Time
(1ST) will apply.
(2) E-filing through Common Service Centres will be permissible
up to 1600 hours on any Court Working Day. On-line e-Filing carried
out after 1600 hours on any day, will be treated as the date which follows
the actual filing date provided it is a Court Working Day. Documents
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filed on a day declared as gazetted holiday or on a day when the Court
is closed, will be regarded as having been filed on the next working day.
For the computation of limitation, e-Filing shall be subject to the same
legal regime as applicable to physical filing, save and except as provided
hereinabove.
(3) The facility for on-line e-Filing through the web portal shall
be available during all twenty-four hours of each day, subject to
breakdown, server downtime, system maintenance or such other
exigencies. Where on-line e-Filing is not possible for any of the reasons
set out above, parties can either approach the Common Service Centres
for e-Filing on Court working days or take recourse to physical filing.
No exemption from limitation shall be permitted on the ground of a
failure of the web based on-line e-Filing facility.
(4) Provisions for limitation governing on-line e-Filing will be the
same as those applicable to physical filing. The period of limitation for
such actions will commence from the date when e-Filing is made as per
the procedure prescribed in these Rules.
18. Inability to e-File.—
(a)
The rights of the parties shall not be affected by an EFS
failure.
(b)
When e-Filing is prevented by an EFS failure, an e-Filer
may revert to conventional filing.
(c)
A technical failure, including a failure of the e-Filing
system, will not extend the period of limitation. The e-
Filer must ensure that a Document is timely filed to
comply with limitation and, wherever necessary, the e-
Filer must file the Document conventionally to meet the
limitation.
(2) Technical failures,—
(a) If an e-Filer experiences a technical failure as defined
herein, the e-Filer may file the Document conventionally.
The official receiving Documents conventionally may
require the Document to be accompanied by a CD-ROM,
or any other storage media containing the Document in
PDF or PDF/A format.
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(b) An e-Filer who suffers prejudice as a result of a technical
failure as defined herein or an e-Filer who cannot file a
time-sensitive Document electronically due to unforeseen
technical difficulties, other than a Document filed under
a limitation deadline, may seek relief from the Court.
(3) Anticipated system maintenance and downtime : When the
e-Filing system will not be available due to scheduled maintenance,
e-Filers will be notified by means of a notice posted on the Court’s
website of the date, time, and anticipated length of the unavailability.
(4) Unanticipated downtime : When the e-Filing system is
unexpectedly unable to accept filings continuously or intermittently for
more than one hour, e-Filers will be notified of the problem by the
posting of a notice of the problem on the Court’s website.
19. Procedure for filing Caveat.—All caveats may be e-Filed and
the Caveatee may also be served online. The procedure for this purpose
may be set out by the Court as Appendix to these Rules.
20. Residuary provisions.—The e-Filing made by an Advocate/
litigant in person will be rejected if they do not follow the protocol
mandated by these Rules or practice directions.
By order.
(Sd.)
JAWAD AHMED,
Registrar General.
––––––––
APPENDIX
PROCEDURE FOR e-FILING CAVEAT
1.
Open the home page of e-Filing Portal in web browser using web
address https://efiling.ecourts.gov.in/jk.
2.
Login into the portal with the User-ID and Password provided
to the registered users.
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3.
On logging in, a Dash Board Screen will appear having Caveat
Application button on the left side of the page.
4.
Click on the Caveat Application button and fill the Caveator and
Caveatee information in the corresponding fields.
5.
Also fill the Extra Party Information and Subordinate Court
Details in the corresponding fields on subsequent pages.
6.
Then opt for the Digital Authorization Method/Sign Method
and upload the scanned documents on the portal.
7.
Then fill the Court fee details in corresponding fields on Pay
Court Fee page.
8.
Then on Applicant Affirmation page, give affirmation and
digitally verify it with OTP.
9.
Do verification of all the filled details and click on Final Submit
button to submit the Caveat to e-Filing Admin.
10.
A notification will appear on the Dash Board indicating successful
submission of Caveat on the e-Filing Portal.