THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol. 135]

Jammu, Thu., the 15th Sept., 2022/24th Bhad., 1944.

[ No. 24

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

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

absence

sanctioned

Heads

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 ....

....

(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.

302-320

179-184

47-50

405-418

125-126

107-110

302 The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944. [ No. 24

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PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

(Office of the Registrar General at Jammu/Srinagar).

Notification

No. 1093 of 2022/RG Dated 02-09-2022.

In exercise of the powers conferred by Section 30 of the Jammu and

Kashmir Civil Courts Act, Svt.1977, the High Court of Jammu & Kashmir

and Ladakh makes the following rules :—

CHAPTER I

1. Short title and commencement.—(i) These Rules may be called

the Union Territory of Ladakh Ministerial and Other Staff of the Subordinate

Courts (Recruitment and Conditions of Service) Rules, 2022.

(ii) These Rules shall come into force with effect from the date of

their publication in the Government Gazette.

2. Definitions.—In the Rules unless the context otherwise requires,—

(a) ‘Administrative Department’ for the purpose of these Rules

and all other Rules applicable to the Ministerial and Other

Staff shall mean the High Court of Jammu & Kashmir and

Ladakh exercising its control on ministerial and other staff

through the Chief Justice ;

(b) ‘Chief Justice’ means the Chief Justice of the High Court of

Jammu & Kashmir and Ladakh ;

authority as may be nominated by the Chief Justice ;

(d) ‘Competitive Examination’ means the Examination in such

papers, such other technical or practical tests like typing,

stenography etc. and such viva voce test or other tests

No. 24] The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944.

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prescribed by these Rules or as may be prescribed by the

Chief Justice from time to time for different posts ;

(e) ‘Departmental Promotion Committee’ means a Committee set

up by the Competent Authority for the purposes of preparing

the list of eligible persons for promotion to a category of posts

under these Rules ;

(f) ‘District Cadre’ means a cadre of the Department in the District

comprising the posts shown in Schedule ‘A’ to these Rules as

District Cadre posts ;

(g) ‘District Recruitment Board’ means the Board constituted

under these Rules for appointment of a person borne on District

Cadre ;

(h) ‘Government’ means the Administrator exercising the powers

of Government in the Union Territory of Ladakh ;

(i) ‘High Court’ means the High Court of Jammu & Kashmir and

Ladakh ;

(j) ‘Jammu and Kashmir Subordinate Courts Service’ means

Ministerial and Other Staff of the Subordinate Courts service

cadre constituted in terms of the Jammu and Kashmir

Ministerial and Other Staff of Subordinate Courts (Recruitment

and Conditions of Service) Rules, 2016 ;

(k) ‘Judge’ means the Judge of the High Court of Jammu &

Kashmir and Ladakh ;

(l) ‘Ministerial Officials’ means staff of every class and category

working in the Subordinate Courts of the Union Territory,

exercising supervisory or ministerial functions ;

(m) ‘Other Officials’ means staff of every class and category other

than ministerial officials working in the Subordinate Courts of

the Union Territory ;

(n) ‘Regulations’ means the Regulations as prescribed by the Chief

Justice under these Rules ;

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(o) ‘Service’ means the Ministerial and Other Staff of the

Subordinate Courts service cadre constituted in terms of these

Rules ;

(p) ‘Union Territory’ means the Union Territory of Ladakh ;

(q) ‘Union Territory cadre’ means the cadre of the department in

the Union Territory comprising all posts shown in Schedule

‘A’ as Union Territory cadre posts.

(r) ‘Union Territory Level Recruitment Board’ means the Board

constituted under these Rules for appointment of a person

borne on Union Territory cadre.

3. Interpretation.—If, at any time, there arises any doubt regarding

the application or interpretation of these rules, the same shall be decided by

the Chief Justice whose decision in the matter shall be final.

4. Delegation.—The High Court or the Chief Justice, as the case

may be, may, by a special or general order, delegate all or any of the powers

and functions as conferred or enjoined under these rules, to any Judge or an

officer of the High Court.

CHAPTER II

5. Constitution of Ladakh Ministerial and Other Staff of the

Subordinate Courts Service.—“Ladakh Ministerial and Other Staff of the

Subordinate Courts Service” shall come into being from the date of coming

into force of these Rules. The service shall consist of posts as shown in

Schedule ‘A’ to these Rules. Persons already serving as Ministerial and

Other Staff at various levels and in different capacities prior to the coming

into force of these rules shall form part of the service in their respective

class and category. The grades of all these posts shall be the same as shown

in Schedule ‘A’ subject to any change, modification or addition or revision

as may be approved and sanctioned by the Government from time to time

on the recommendation of the Chief Justice or otherwise.

6. Strength and composition of the cadre.—The Union Territory

and District Cadre of the Service shall consist of such number of permanent

and temporary posts as stand sanctioned for Ladakh Division of the erstwhile

State of Jammu and Kashmir in the respective cadres on the date of

No. 24] The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944.

305

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enforcement of these Rules and such number of posts as may be sanctioned

from time to time.

7. Appointment to the service.—(i) Appointment to the Service

shall be made—

(a) by direct recruitment ;

(b) by promotion ; and

(d) by deputation of a suitable person serving in the Jammu and

Kashmir Subordinate Courts Service.

(ii) In case suitable persons are not available for appointment in a

mode prescribed in the Schedule, viz., by promotion or direct recruitment,

the posts may be filled up by other modes or in such other manner as the

Chief Justice may from time to time prescribe.

(iii) In the matter of appointment by promotion of staff members from

District Cadre to Union Territory Cadre, proportional representation shall

be given to every District, for which a suitable mechanism shall be devised

by the Chief Justice.

8. Age for direct recruitment.—Age for direct recruitment in the

service shall be same as provided for the Government Service from time to

time :

Provided that the age bar may be relaxed in general or individual cases

for the reasons to be recorded in writing by the Chief Justice, if some

special circumstances so warrant.

9. Probation.—(1) Persons appointed, whether by direct recruitment

or by promotion, to any class or category in the service shall remain on

probation for a period of two years and their confirmation to the service

shall be subject to their completion of probation period satisfactorily, including

qualifying any examination is provided for in this regard.

(2) The Chief Justice may from time to time extend the period of

probation in respect of a person appointed to the service for reasons to be

recorded in writing :

Provided that such extension shall not be for a period of more than

two years in all.

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(3) The Chief Justice may in its discretion, on sufficient grounds and

for the reasons to be recorded in writing, at any time before completion of

probation of any person appointed to the service, terminate the probation

and discharge such person :

Provided that such person shall be served with a notice of not less

than fifteen days asking such person to show cause before discharge of

such person from the service.

(4) No person appointed to the service shall be deemed to have been

confirmed unless an order to that effect is passed by the appointing authority.

10. Qualification for appointment.—(i) No person shall be eligible

for appointment to the service, whether by direct recruitment or on promotion,

unless he possesses, at the time of applying for the post in case of direct

recruitment and at the time of such appointment in case of promotion, the

requisite qualification prescribed for such appointment in Schedule-‘B’ to

these Rules :

Provided that while granting promotion to a higher post, officials who

are in service on the date coming into force of these rules, shall be considered

notwithstanding their qualification and due regard shall be given to the service

rendered by such employee. Chief Justice may grant relaxation in academic

qualification to an in-service candidate in such cases, if he is otherwise

suitable for the post and his service record has remained satisfactory :

Provided further that in exceptional cases, for reasons to be recorded

in writing, the Chief Justice may relax the qualification bar, either generally

or in an individual case.

(ii) Any condition as to appointment only of the persons residing or

domiciled in the Union Territory, as may be prescribed by the Rules and

regulations governing appointment to the Government Service shall apply to

appointment to the service, except by way of deputation.

11. Reservations in appointments.—(i) While making appointments

either by direct recruitment or promotion, reservation shall be made in

accordance with the rules and orders issued from time to time by the

No. 24] The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944.

307

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Government for members of the Scheduled Castes, Scheduled Tribes or

any other category of persons, subject however to such modifications as are

deemed necessary by the Chief Justice.

(ii) The Chief Justice may from time to time, either generally or with

relation to any particular recruitment, issue guidelines for the purposes of

making such reservation.

12. Procedure for appointment.—The appointment of ministerial

and other staff of the Union Territory Cadre and the District Cadre shall be

made by the Chief Justice and the District Judge of the District concerned

respectively, as the case may be, in accordance with the procedure prescribed

therefor under the Regulations as may be framed by the Chief Justice. The

Regulations inter alia, may provide for the following :—

(a) Method of selection to a particular post ;

(b) The manner in which applications are to be invited from

prospective candidates ;

of candidates or selection, as the case may be ;

(d) The syllabus prescribed for such written examinations and

marks earmarked therefor ;

(e) Conduct of the viva voce, shorthand and type test or any

other technical test and the marks prescribed therefor ;

(f) The Constitution of Selection Committee either generally or

specifically for any selection/appointment to any class or

category, if necessary ;

(g) The number of candidates to be called for viva voce/shorthand/

typing/technical test based upon the result of written

examination, with reference to the availability of posts in any

particular class or category ;

(h) The preparation of select/waiting list/and the period for which

it may remain valid ; and

308 The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944. [ No. 24

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(i) Constitution of a District or Union Territory Recruitment

Board.

13. Discipline and conduct.—In regard to all the matters governing

discipline and conduct of the members of the service, including discipline,

suspension, imposition of penalty, retirement on superannuation or otherwise,

including voluntary retirement, removal or dismissal from service or matters

related thereto, directly or indirectly, and not specifically prescribed in or

provided for by these rules, the corresponding rules applicable to the

employees of the Government shall be applicable :

Provided that in such rules where any of the power relating to these

matters is provided to be exercised by the Government, the same shall be

exercised by the Chief Justice and power vested in the Government in this

behalf shall be deemed to be vested in the Chief Justice.

14. Residuary matters.—In regard to matters relating to leave,

pension gratuity, medical reimbursement, compulsory and voluntary

retirements and such other matters for which no specific provisions have

been made in these rules, the rules, regulations, orders and policies, as are

applicable, from time to time, to the employees of the Government shall be

applicable to the members of the service :

Provided that where any of the power relating to these matters is

provided in such rules to be exercised by the Government, the same shall,

under these rules, be exercised by the Chief Justice and power vested in the

Government in this behalf shall be deemed to be vested in the Chief Justice.

15. Transfers.—(i) Within the district, transfer of Ministerial and Other

Staff may be ordered by the District Judge of the District concerned :

Provided that the Chief Justice may also effect transfer within the

district in the interest of administration.

(ii) Inter-District transfer of Ministerial and other staff may be ordered

by the Chief Justice.

(iii) The Chief Justice may transfer, depute or induct to the service a

suitable and duly qualified employee already in the High Court Service, and

the Chief Justice may likewise transfer by way of deputation a Ministerial

Official of the service to the High Court Service in the administrative exigency.

No. 24] The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944.

309

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(iv) The Chief Justice may, from time to time issue directions/orders

regulating the policy on transfer of ministerial and other staff, including

transfer by way of deputation.

. Maintaining character rolls, their communication and

representation against adverse entries.—

(I) (a) An annual character roll shall be recorded and maintained

for each member of the service ;

(b) Entries in the character roll of the members of the service

belonging to the Union Territory Cadre shall be recorded

annually by, an officer appointed in this behalf by the Chief

Justice ;

the District Cadre shall be recorded by the District Judge

concerned ;

(d) In respect of members of the service, the Presiding Officers

of the Court where such member is serving, shall submit

his report/assessment annually along with character roll-

form prescribed for this purpose to the Officer mentioned

in sub-clause (b) above or the District Judge concerned

mentioned in sub-clause (c) above and, while recording the

annual character roll, both of them shall ordinarily be guided

by such assessment of the Presiding Officer of such Court

unless concerned Officer or the District Judge, as the case

may be, comes to a different conclusion and disagrees with

the assessment of the Presiding Officer, for reasons to be

recorded in writing.

(II)

Entries in the character roll shall be communicated to the

concerned member of the service.

(III)

If any person is aggrieved by any entry(ies) recorded in his

character roll he may make a representation in writing to the

authority regarding such entry(ies) within 30 days from the

date of communication of such entry(ies). On receipt and

consideration of such representation, such authority may

dispose of it on its merits and pass appropriate orders.

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(IV) Any person aggrieved by an order mentioned in clause (II)

above, may prefer an appeal within 60 days from the date of

passing of such an order to the Chief Justice, who on

consideration of such appeal, shall pass appropriate orders.

17. Crossing of the efficiency bar.—No Member of the Ministerial

or other Staff shall be allowed to cross the efficiency bar prescribed in the

scale unless,—

(i) he possesses the qualification, if any, prescribed for holding

the scale ;

(ii) his character roles for the last three years have been

good ; and

(iii) his work and conduct is certified to be good by the Presiding

Officer of the Court where he is working.

18. Seniority.—(i) Seniority shall be determined and maintained

separately for each category and post in the establishment.

(ii) Separate seniority lists shall be maintained for the Union Territory

and District Cadre by some authorised person in the High Court.

(iii) General principles of seniority as applicable to the members of

the Government service shall apply to members of the service.

19. Powers to dispense with the application of rules.—

Notwithstanding anything contained in these rules, where the Chief Justice

is satisfied that the operation of any rule causes undue hardship in any

particular case, he may by order, dispense with or relax the requirements of

that rule, to such extent an subject to such conditions as he may consider

necessary for dealing with the case in a just and equitable manner ; provided

that the case is not dealt with in a manner less favourable to the concerned

than in accordance with the rules.

20. All matters of appointment, promotion, seniority, suspension, leave

and punishment of the ministerial staff of the Union Territory Cadre shall be

decided by the competent authority.

21. (i) An appeal shall lie to the Chief Justice against any order passed

by a District Judge relating to suspension, promotion, seniority or any

punishment imposed by him.

No. 24] The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944.

311

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(ii) An appeal against the order of the Chief Justice regarding dismissal

or removal shall lie to two Judges of the High Court to be nominated by the

Chief Justice.

(iii) Such an appeal may be filed within a period of thirty days from

the date of receipt of the order.

22. Suspension.—Any member of the service, for sufficient reasons

and in accordance with the rules governing the members of Union Territory

Government service, be suspended by the District Judge of the District

where he is serving at the relevant time. The suspension, however, by the

said District Judge of the members of the service belonging to the Union

Territory Cadre shall be subject to confirmation by the Chief Justice.

23. Saving.—(i) All the rules, orders, notifications or directions

corresponding to or inconsistent with these rules and in force immediately

before the commencement of these rules shall not apply to the members of

the service.

(ii) Any order made or action taken under the provisions of the rules

earlier applicable to the members of the service shall be deemed to have

been made or taken under the corresponding provisions of these rules.

By Order

(Sd.) SANJEEV GUPTA,

Registrar General.

–––––––

312 The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944. [ No. 24

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Schedule-A

SANCTIONED STRENGTH OF MINISTERIAL STAFF OF

SUBORDINATE COURTS OF UT OF LADAKH

Category

Grade

Total No.

Cadre

No.

of Posts

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

Chief Administrative Officer 47600-151100

Section Officer

44900-142400

PA-cum-Sr. Scale

44900-142400

Stenographer (Executive

Assistant)

Junior Scale Stenographer

35600-112800

Head Assistant

35600-112800

Senior Assistant

29200-92300

Steno Typist

29200-92300

Date Entry Operator

25500-81100

Junior Assistant

25500-81100

10.

System Officer

25500-81100

11.

System Assistant

19900-63200

12.

Process Server

19900-63200

District

13.

Driver Grade-II

19900-63200

District

14.

Jamadar

15900-50400

District

15.

Orderly

14800-47100

District

16.

Chowkidar

14800-47100

District

17.

Safaiwa1a

14800-47100

District

––––––––

No. 24] The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944.

313

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Schedule-B

Name of the post

Existing Pay

Class Category

Minimum

Method of Recruitment

No.

Scale

qualification

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

1. Chief Administrative Officer

47600-151100

Graduation

By promotion from Class-II,

Category “A” and “B” in the

ratio of 5:1

2. Section Officer

44900-142400

Graduation

By promotion from Class-III,

Category “B” who have

knowledge of Local Laws, CSR

etc.

3. PA-cum-Sr. Scale

44900-142400

Graduation

By selection from Class-III,

Stenographer

Category “A” who have put

in at least 5 years of service

as such and after qualifying

test in shorthand and

typewriting with standard as

laid down by the Chief Justice.

314 The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944. [ No. 24

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4. Junior Scale Stenographer

35600-112800

III

Graduation with Diploma By promotion from Class-IV,

in Stenography from a

Category ‘B’.

Government recognized

Institute.

5. Head Assistant

35600-112800

III

Graduation from a

By promotion from Class-IV,

recognized University.

Category “A”.

6. Senior Assistant

29200-92300

Graduation from a

By promotion from Class-V,

recognized University.

Category “B”.

7. Steno Typist

29200-92300

Graduation from a

Direct recruitment (qualifying

recognized University

test in Shorthand and

with Diploma in

Typewriting with minimum

Stenography from a

standard as laid down by the

Government

Chief Justice).

recognized Institute.

8. Data Entry Operatory

25500-81100

Graduation from a

By direct recruitment.

recognized University

with Diploma in

Computer Application

from an Institution

recognized by All India

No. 24] The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944.

315

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Board of Technical

Education/State Board

of Technical

Education Or

Bachelor’s Degree in

Computer Application

from Recognized

Universty.

9. Junior Assistant

25500-81100

Graduation from a

(1) 80% by direct recruitment.

recognized University

with six months

(2) 20% by selection from

Certificate Course in

amongst Graduate Process

Computer Application.

Servers having experience

of two years.

10. System Officer

25500-81100

(i) MCA or BE/B.

(i) The first appointment on

Tech. in Computer

the post shall be made by

Science/Computer

direct recruitment.

Engineering/

Information and

Communication

Technology or M. Sc.

(IT/Computer

Science) with at

least 60% marks in

316 The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944. [ No. 24

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aggregate from a

recognised University/

Institution or BCA or

B.Sc. (Computer

Science with at least

60% marks in

aggregate in Physics/

Maths/Statistics

Operation Research/

Computer Science

with Postgraduate

Diploma in Computer

Science/Computer

Applications with at

least 60% marks in

aggregate from a

recognised University/

Institution ; with at

least three years’

experience from a

reputed Organization/

Institution.

No. 24] The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944.

317

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(ii) BCA with 60% marks (ii) Thereafter, the post shall

in aggregate from a

be filled up by promotion

recognised University/

from Class-VII Category ‘A’

Institution ; or

on the basis of merit-cum-

B. Sc. with one year’s

seniority.

Post Graduate

Diploma in Computer

Science/Applications

with 60% marks in

aggregate from a

recognised University/

Institution ; or

Diploma holders from

Polytechnic in

Computer Science/

Engineering Or

Electronics &

Telecommunications

with 60% marks in

aggregate from a

recognised Institution ;

with at least five years’

experience in the grade

of System Assistant.

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11. System Assistant

Rs.19900-63200

(i) BCA with 60% marks By direct recruitment.

in aggregate from a

recognised University/

Institution with at least

one year’s working

experience in a reputed

Organisation/

Institution ; or

(ii) B. Sc. with one year’s

Postgraduate Diploma

in Computer Science/

Applications with

60% marks in aggregate

from a recognised

University/Institution

with at least one year’s

working experience in

a reputed Organisation/

Institution ; or

No. 24] The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944.

319

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(iii) Diploma holders from

Polytechnic in

Computer Science/

Engineering or

Electronics &

Telecommunications

with 60% marks in

aggregate from a

recognised Institution

with at least two years’

working experience in

a reputed Organization/

Institution.

12. Process Server

19900-63200

10+2 or equivalent from

(1) 50% by direct recruitment.

recognised Board/

University

(2) 50% by selection from

Class-VII, Category “A”

and Class-VIII, Category

A, B, C with minimum

experience of 3 years.

13. Driver Grade-II

19900-63200

Matric with a valid LMV/ By direct recruitment

HMV Driving Licence.

by conducting test including

driving test.

320 The J&K Official Gazette, the 15th Sept., 2022/24th Bhad., 1944. [ No. 24

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14.

Jamadar

15900-50400

VII

Matric

By promotion from

Class-VIII, Categories-A,

B, and C on the basis of

seniority.

15.

Orderly

14800-47100

VIII

Matric

By direct recruitment.

16.

Chowkidar

14800-47100

VIII

Matric

By direct recruitment.

17.

Safaiwala

14800-47100

VIII

Matric

By direct recruitment.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 135] Jammu, Thu., the 15th Sept., 2022/24th Bhad., 1944. [ No. 24

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

separate compilation

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

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Subject :—Acquisition of land measuring 19 Kanals, 14 Marlas and

62 Sft. situated at Village Surad, Tehsil and District Budgam

for construction of Semi Ring Road around Srinagar City.

————

Notification No. 35-Rev (LAK) of 2022

Dated 04-08-2022.

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

National Highway Authority of India Limited (NHAI) vide No. PD/

Sgr/14010/01/2014/LA-BDG/13 dated 20-04-2016, notification under

180 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [No. 24

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section 4 (1) was issued by Collector, Land Acquisition/ACR, Budgam

vide No. DCB/LAS/016/F-330/307-15 dated 29-03-2019 for land measuring

58 Kanals, 11 Marlas 125 Sft. situated in Village Surad, Tehsil and

District Budgam, calling upon the objections from the land owners/

interested persons ; and

Whereas, Project Director, NHAI vide letter dated 11-08-2020

raised observations regarding the alignment and requested for

de-notification of the land and for fresh notification as per the approved

alignment ; and

Whereas, a writ petition OWP No. 1339/2020 titled Ghulam

Hussain Bhat and Others V/s State was filed in the Hon’ble High Court

of J&K and vide Order dated 10-09-2020 it was ordered to complete

acquisition proceedings strictly in terms of notification dated 28-03-2019,

if there is no legal impediment. The operative part is as under :—

‘‘.........meanwhile, subject to objections from the other side and

till next date before the Bench, the respondents are directed

to complete the acquisition proceedings with regard to the

property in question, strictly in terms of notification dated

28-03-2019 and 29-03-2019, issued by the respondent No. 4,

if there is no legal impediment.’’

Whereas, fresh demarcation was carried out in presence

of representatives of NHAI and Project Director vide letter dated

22-03-2021 requested for preparation of fresh revenue papers as per

the said demarcation. Accordingly, fresh revenue papers were prepared

by the revenue field agencies for land measuring 19 Kanals, 14 Marlas

and 62 Sft. and Deputy Commissioner, Budgam vide letter dated

19-05-2021 submitted the case to Project Director, NHAI for

authentication, who authenticated the revenue papers and returned the

case vide letter dated 28-05-2021 ; and

Whereas, keeping in view of the approved alignment and fresh

authenticated Khasra Paimaish of Village Surad, corrigendum to

notification dated 29-03-2019 was issued vide No. DCB/LAS/016/F-330/

1247-54 dated 26-02-2022 for land measuring 19 Kanals, 14 Marlas

and 62 Sft., again calling upon the objections from the land owners/

interested persons ; and

Whereas, few land owners through Mr. Ghulam Hussain Bhat filed

objections stating therein that the acquisition should be carried out as

No. 24] The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. 181

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

per the notification dated 29-03-2019 instead of corrigendum No. DCB/

LAS/016/F-330/1247-54 dated 26-02-2022. Further stated that the

corrigendum issued is in violation of Court Order dated 10-09-2020 ;

and

Whereas, Deputy Commissioner, Budgam intimated that notification

under section 4 (1) and subsequent corrigendum was issued under Land

Acquisition Act, moreover, the proceedings of land acquisition for the

said project in other 43 villages have also been carried out under State

Land Acquisition Act which are also subjudice before the Hon’ble High

Court in various writ petitions. The land acquisition proceedings in two

Villages Surad and Mamath are pending and if the proceedings for these

two villages are carried out under the Central Act, that would result

in incongruity and would lead to further litigation ; and

Whereas, Deputy Commissioner, Budgam vide No. DCB/LAS/016/

F-330/1762-68 dated 02-06-2022 has recommended the case duly

endorsed by Divisional Commissioner, Kashmir vide No. Divcom/LAS-

4217/337 dated 05-07-2022 and Financial Commissioner (Revenue), J&K

vide No. FCR-LAND/148/2022-06 (225139) dated 19-07-2022 along

with the objections of the land owners and requested for issuance of

notification under sections 6 & 7 of the Land Acquisition Act, Smvt.

1990 ; and

Whereas, the Hon’ble High Court while disposing of the writ

petition No. 1339/2020 C/W CCP(S) No. 419/2020 titled Ghulam

Hussain Bhat & Ors Vs. UT of J&K & Ors has directed the Deputy

Commissioner to consider and decide the aforesaid objections, if any.

The direction reads as under :—

‘‘The petitioner, at this stage submit that in view of the

change of alignment of the road, a corrigendum has been

issued modifying the notification issued under section 4 of

the Land Acquisition Act.

It has been pointed out by the Ld. Counsel for the

petitioners that the aforesaid corrigendum was actually

challenged by the petitioners by filing a separate writ

petition i. e. WP (C) No. 718/2022 which has been disposed

of vide order dated 12-04-2022, with liberty to the petitioners

182 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [No. 24

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

to file objections before the Deputy Commissioner. The

petitioners have already filed the objections but the same

have not yet been decided.

In view of the aforesaid facts and circumstances, the writ

petition stands disposed of with a direction to the Deputy

Commissioner, Budgam, to consider and decide the aforesaid

objections, if any, of the petitioners before proceeding ahead

with the acquisition proceedings in relation to the land of

the petitioners.

It goes without saying that in case the objections are

directed by the Deputy Commissioner, Budgam, the

petitioners, would be free to take appropriate remedy as

may be available to them under law to challenge the same.

In view of above, the writ petition and the contempt

proceedings CCP(D) No. 419/2020 stands disposed of.’’

Whereas, the objections have been examined in the department,

the Collector has given due opportunity of being heard under

section 5(2) of the Act to the land owners/interested persons and their

statements were recorded which were corroborated with the written

objections, wherein Ghulam Hussain and others have again objected to

the change in alignment and requested for acquisition as per the previous

notification/installation of pegs in their land i. e. probably in the year

2016 ; and

Whereas, the alignment has been fixed by the Indenting Department

as per the technical feasibility, the revenue authorities have prepared

revenue papers accordingly, as the process has already been initiated

during 2016, which is also admitted by the objectors in their statement

that the pegs have been installed in the year 2016, at this stage by

taking up these acquisitions under Central Land Acquisition Act, it would

result further delay and impact on other 43 villages where the acquisition

have also been initiated and concluded under the Land Acquisition Act.

Moreover the road has strategic importance as well as operational

necessity and has now great public importance, therefore, the land is

required for public purpose, hence the objections so raised does not

merit consideration and are accordingly rejected ; and

No. 24] The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. 183

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

Whereas, the Government is satisfied that the aforesaid land

measuring 19 Kanals, 14 Marlas and 62 Sfts. situated in Village Surad,

Tehsil and District Budgam is required for public purpose i. e.

construction of Semi Ring Road around Srinagar City.

Now, in pursuance of Section 6 of the Land Acquisition Act,

Samvat, 1990, it is declared that the land measuring 19 Kanals, 14 Marlas

and 62 Sft. situated in Village Surad, Tehsil and District Budgam as

per annexure to this notification is required for public purpose i. e.

construction of Semi Ring Road around Srinagar City. Further, the

Collector, Defence/Semi Ring Road, Budgam 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 forcer 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 the road in

question.

This notification shall be subject to outcome of writ petition pending

in any competent court(s).

(Sd.) VIJAY KUMAR BIDHURI, IAS,

Commissioner/Secretary to the Government.

––––––

Annexure to the Notification No. 35-Rev(LAK) of 2022

dated 04-08-2022

District

Tehsil

Village

Kh. Nos.

Quantum of land

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

—————————————————————————————

K. M. S.

Budgam

Surad

02–06–085

00–07–224

184 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [No. 24

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

00–13–075

00–14–000

04–00–000

00–05–000

00–01–000

00–16–208

88/1

00–07–124

00–16–000

00–05–000

00–11–000

00–10–000

00–04–000

00–07–000

00–06–000

01–03–162

01–02–000

01–06–000

00–14–000

100

01–14–000

101

01–01–000

102

00–03–000

————–

Total

19–14–062

———–—

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

Under Secretary to the Government.

—————————————————————————————

K. M. S.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 135] Jammu, Thu., the 15th Sept., 2022/24th Bhad., 1944. [ No. 24

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

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.

––––––

GOVERNMENT OF JAMMU AND KASHMIR,

GENERAL ADMINISTRATION DEPARTMENT.

(Services)

CHARGE REPORTS

Subject :—Transfers and postings.

————

Government Order No. 958-JK(GAD) of 2022

Dated 18-08-2022.

In the interest of administration, the following transfers and postings

are hereby ordered with immediate effect :—

Mr. Bipul Pathak, IAS (AGMUT : 1992), Principal Resident

Commissioner, J&K Government, New Delhi, is transferred and

48 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [No. 24

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

posted as Director General, Jammu and Kashmir Institute of

Management, Public Administration and Rural Development.

Mr. Alok Kumar, IRS, Principal Secretary to the

Government, School Education Department, holding additional

charge of Estates Department, shall also hold the charge of

Administrative Secretary, Civil Aviation Department and Civil

Aviation Commissioner, in addition to his own duties, till

further orders.

Mr. Saurabh Bhagat, IAS (AGMUT : 2002), Director,

General, J&K Institute of Management, Public Administration

and Rural Development, is transferred and posted as

Commissioner/Secretary to the Government, Science and

Technology Department.

Mr. Vijay Kumar Bidhuri, IAS (AGMUT : 2005),

Commissioner/Secretary to the Government, Revenue

Department, shall also hold the charge of Principal Resident

Commissioner, J&K Government, New Delhi, in addition to his

own duties, till further orders.

Mr. Sarmad Hafeez, IAS (AGMUT : 2009), Secretary to the

Government, Tourism Department, shall also hold the charge of

Administrative Secretary, Youth Services and Sports Department,

in addition to his own duties, till further orders.

Mr. Dolfode Sagar Dattatray, IAS (AGMUT : 2014), OSD in

the J&K Socially and Educationally Backward Classes

Commission, is transferred and posted as Deputy Commissioner,

Kupwara.

Mr. Devansh Yadav, IAS (AGMUT : 2016), Managing

Director, J&K Trade Promotion Organization, holding

additional charge of Managing Director, J&K, IT Infrastructure

Company and Managing Director, JKI Limited, is transferred

and posted as Deputy Commissioner, Kishtwar.

No. 24] The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. 49

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

Mr. Basharat Qayoom, IAS (JH : 2016), Managing

Director, Kashmir Power Distribution Corporation Limited, is

transferred and posted as Deputy Commissioner, Anantnag.

Syeed Fakhrudin Hamid, IAS (AM : 2017), Managing Director,

Jammu and Kashmir Tourism Development Corporation, is

transferred and posted as Deputy Commissioner, Budgam.

10.

Mr. Khalid Jahangir, JKAS, Deputy Commissioner, Kupwara, is

transferred and posted as Managing Director, Jammu and

Kashmir Trade Promotion Organization.

11.

Mr. Shahbaz Ahmad Mirza, JKAS, Deputy Commissioner,

Budgam, is transferred and posted as Special Secretary to the

Government, Revenue Department.

12.

Mr. Vikas Sharma, JKAS, Deputy Commissioner, Doda, is

transferred and posted as Director, Horticulture, Planning and

Marketing, J&K.

13.

Mr. Ashok Kumar Sharma, JKAS, Deputy Commissioner,

Kishtwar, is transferred and posted as Director, Estates, Jammu,

relieving Mr. Subash Chander Chhibber, JKAS, Director, Youth

Services and Sports, J&K of the additional charge of the post.

14.

Mr. Vishesh Paul Mahajan, JKAS, Director, Horticulture,

Planning and Marketing, J&K, is transferred and posted as

Deputy Commissioner, Doda.

By Order of the Lieutenant Governor.

(SD.) ROHIT SHARMA, JKAS,

Additional Secretary to the Government.

————

In pursuance to Government Order No. 162-Home of 2022

dated 04-06-2022, issued under endorsement No. Home-PG/232/2021-08

50 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [No. 24

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

(CC-47857) dated 04-06-2022, we the undersigned have handed over/taken

over the charge of the Office of the Director, Sher-i-Kashmir, Police,

Academy, Udhampur today on 10-06-2022 F. N.

(Sd.) DR. S. D. SINGH, IPS,

ADGP Security J&K,

Additional charge of

Director, SKPA, Udhampur.

Relieved Officer.

(Sd.) T. NAMGYAL KALON, IPS,

Director,

Sher-i-Kashmir, Police Academy,

Udhampur.

Relieving Officer.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol. 135] Jammu, Thu., the 15th Sept., 2022/24th Bhad., 1944. [ No. 24

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

separate compilation.

PART II—B

Notifications, Notices and Orders by the Heads of Departments.

———–

OFFICE OF THE STATE TAXES OFFICER, CIRCLE ‘E’

JAMMU

Notification

It has been reported by M/s. Emm Enn Agencies, 623-A, Gandhi

Nagar, Jammu bearing TIN-01931050133 that (01) No. of VAT-65 Form

bearing No. 0004643 has been lost and the matter already stands

published in the following news papers ;

(i)

State Times

Dated 18-05-2022

(ii)

Punjab Kesari

Dated 24-05-2022

The dealer has also furnished an indemnity bond in this respect

which is placed on the record. Hence, the above noted VAT-65 Form

is hereby declared as invalid for the purpose of 67(3) of the J&K VAT

Act, r/w Rule 68(K) of the J&K VAT Rules, 2005. Anybody fraudulently

using the said VAT-65 Form will render himself liable for penal

proceddings under relevant provisions of the Act.

406 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [ No.24

The persons who will find the said VAT-65 Form please return

the same to the undersingned.

1. No. of VAT-65 Form

2. Serial No. of VAT-65 Form

0004643

3. Name and Address of the Firm

M/s. Emm Enn Agencies,

623-A, Gandhi Nagar,

Jammu.

4. TIN

01931050133

5. Whether Lost/Stolen/Destroyed

Lost

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

State Taxes Officer,

Circle-E, Jammu.

———

OFFICE OF THE STATE TAXES OFFICER, CIRCLE ‘E’

JAMMU

Notification

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

It has been reported by M/s. Shanti Enterprises, 21-D/C, Gandhi

Nagar, Jammu bearing TIN-01441050063 that the Forms ‘F’ bearing

No. 01W-159816 to 01W-159817 have been lost and the matter stands

published in the following newspapers ;

(i)

State Times

Dated 01-06-2022

(ii)

Punjab Kesari

Dated 22-06-2022

The dealer has also furnished an indemnity bond amounting to

Rupees Five Lakhs only (Rs. 500000/-) in this respect which is placed

on record. Hence, the below noted ‘F’ Forms are hereby declared as

invalid for the purpose of Sub-Sections (5) (4) of the Section 8 of the

CST Act 1956. Anybody fraudulently using the said ‘F’ Forms will render

himself liable for penal action as per law.

Any body finding the said ‘F’ Forms, please return the same to the

undersigned.

No. 24 ] The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. 407

No. of ‘F’ Forms

(02) Two only

Serial No. of ‘F’ Form

01W-159816 to

01W-159817

Name and Address of the Firm

M/s. Shanti Enterprises,

21-D/C, Gandhi Nagar,

Jammu.

TIN

01441050063

Whether Lost/Stolen/Destroyed

Lost

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

State Taxes Officer,

Circle-E, Jammu.

———

Notice

I, Mohd. Reyaz Ahmad S/o Md. Shaflur Rahman, Department of

Urdu, University of Jammu have applied for correction/amendment of

my name from Md. Riyaz Ahmad to Mohd. Reyaz and father’s name

wrongly written as Saflur Rahman instead of Md. Shaflur Rahman in

school record. Objection, if any, may be conveyed to the Registrar,

University of Jammu within seven days from the date of publication

of this notice.

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

in this connection.

Mohd. Reyaz Ahmad,

S/o Md. Shaflur Rahman,

Department of Urdu, University of 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.

————

408 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [ No.24

IN THE COURT OF SPECIAL MOBILE MAGISTRATE,

ELECTRICITY, JAMMU.

State through Police Station City, Jammu

Versus

Nemo

PROCLAMATION

Whereas, Police of Police Station City, Jammu has seized vehicle

bearing registration No. Nil, engine No. HA10EREHJ73487 and Chasis

No. MBLHA10BFEHJ32894 which was found lying near Vivekanand

Chowk, Jammu on road side in suspicious condition.

Whereas, this proclamation is issued requiring any person who may

have claim thereto, to appear before this Court and establish his/her

claim within six months from the date of proclamation. If no person

within such period establishes his/her claim to the vehicle the vehicle

shall be kept at the disposal of the Government for being sold under

Section 457 Cr. PC. The next date for this case is fixed on 14-09-2022.

Given under my hand and seal of the Court today on 27-7-2022.

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

Special Mobile Magistrate

Electricity, Jammu.

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

IN THE COURT OF SPECIAL MOBILE MAGISTRATE,

ELECTRICITY, JAMMU.

State through Police Station City, Jammu

Versus

Nemo

PROCLAMATION

Whereas, Police of Police Station City, Jammu has seized vehicle

bearing registration No. JK02AN-1053, Engine No. 94204 which was

found lying near J. P Chowk, Jammu on road side in suspicious condition.

Whereas, this proclamation is issued requiring any person who may

have claim thereto, to appear before this Court and establish his/her

claim within six months from the date of proclamation. If no person

within such period establishes his/her claim to the vehicle the vehicle

No. 24 ] The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. 409

shall be kept at the disposal of the Government for being sold under

Section 457 Cr. PC. The next date for this case is fixed on 14-09-2022.

Given under my hand and seal of the Court today on 27-7-2022.

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

Special Mobile Magistrate

Electricity, Jammu.

————

GOVERNMENT OF JAMMU AND KASHMIR

OFFICE OF THE DEPUTY COMMISSIONER, UDHAMPUR

Subject :—Notification under Sections 9 and 9A of the Land Acquisition

Act-X of 1990 BK.

———

Whereas, the land particulars of which are given below is being

acquired for public prupose viz. for the acquisition of land measuring

02 Kanals 02 Marlas for construction of, widening of NH-44 situated

at village Lower Bali Tehsil and District Udhampur as notified by the

Government vide notification No. 34-Rev(LAJ) of 2022 dated 01-08-

2022 issued under endorsement No. Rev/LAJ/35/2022(144731) dated

01-08-2022 and its possession is likely to be taken over and in pursuance

to Govt. notification bearing No. S.O. 04 dated 31-10-2019 issued

by the General Administration Department, Government of Jammu

and Kashmir under endorsement No. GAD(Adm)49/2019-1 dated

31-10-2019.

Therefore, the owners/interested persons and the indenting

department is hereby called upon to attend this office either in person

or through an authorized agent within 15 days i. e. on or before 28th

August 2022 during office hours on any working day in my office at

DC Office Complex, Udhampur to state their respective interest in the

land quantum and particular of their claims to compensation and their

objections, if any, to measurement of land.

Specification

S.No. Name of

Name of

Kh. Nos.

Area

District

Tehsil

Village

————————————————————————————

Udhampur Udhampur

Lower Bali

911 min

00–04

do.

911 min

00–13

410 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [ No.24

do.

912 min

00–03

do.

912 min

01–02

—————————————————

Total

02–02

—————————————————

(Sd.) MOHD SYED KHAN, KAS,

Collector Land Acquisition,

(Addl. Deputy Commissioner),

Udhampur.

—————

IN THE COURT OF THE JUDICIAL MAGISTRATE IST CLASS

(MUNSIFF), JAMMU

Case No. :

CNR No. :

UT of J&K Through SHO Police Station Bus Stand, Jammu.

Versus

Nemo

Complaint u/s 457 Cr. P.C.

Coram : Urvashi Raina

JO Code : JK00251

PROCLAMATION UNDER SECTION 457 CR. P.C.

Whereas, a vehicle (Splendor) bearing Registration No. JK02BU-3347,

Chasis, No. MBLJAR035H9E54223 and Engine No. JA05ECH9E54203

was lying at Trikuta Complex, B. C. Road, Jammu which has been seized

by the police of Police Station Bus Stand, Jammu on 31-01-2021 in

exercise of powers under Section 102 Cr. P.C.

Whereas, procedings under Section 457 Cr. P.C. in respect of the

above mentioned seized vehicle are pending in this Court.

Therefore, by virtue of this publication, public in general is informed

that if any person has any right or claim over the above said vehicle,

he/she/they may appear in person or through counsel before this

1 2

5 6

—————————————————————————————————

K. M.

No. 24 ] The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. 411

Court and establish his/her/their claim within a period of six months from

the date of publication of this proclamation, failing which appropriate

orders for disposal of the above said vehicle shall be passed under law.

Given under my hand and seal of the Court today on 24-08-2022.

(Sd.) URVASHI RAINA,

Judicial Magistrate Ist Class (Munsiff),

Jammu.

———

IN THE COURT OF THE JUDICIAL MAGISTRATE IST CLASS

(MUNSIFF) JAMMU

Case No. :

CNR No. :

UT of J&K Through SHO Police Station Bus Stand, Jammu.

Versus

Nemo

Complaint u/s 457 Cr. P.C.

Coram : Urvashi Raina

JO Code : JK00251

PROCLAMATION UNDER SECTION 457 CR. P.C.

Whereas, a vehicle (CH04C-1775) bearing Registration No. CH04-

1775, Chasis No. DHVBMB46356 and Engine No. DHGBMB45321 was

lying at Indra Chowk, Jammu which has been seized by the police of Police

Station Bus Stand, Jammu on 12-01-2022 in exercise of powers under

Section 102 Cr. P.C.

Whereas, proceedings under Section 457 Cr. P.C in respect of the

above mentioned seized vehicle are pending in this Court.

Therefore, by virtue of this publication, public in general is

informed that if any person has any right or claim over the above said

vehicle, he/she/they may appear in person or through counsel before this

Court and establish his/her/their claim within a period of six months from

the date of publication of this proclamation, failing which appropriate

orders for disposal of the above said vehicle shall be passed under law.

Given under my hand and seal of the Court today on 24-08-2022.

(Sd.) URVASHI RAINA,

Judicial Magistrate Ist Class (Munsiff),

Jammu.

———

412 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [ No.24

IN THE COURT OF THE JUDICIAL MAGISTRATE IST CLASS

(MUNSIFF), JAMMU

Case No. :

CNR No. :

UT of J&K Through SHO Police Station Gandhi Nagar, Jammu.

Versus

Nemo

Complaint u/s 457 Cr. P.C.

Coram : Urvashi Raina

JO Code : JK00251

PROCLAMATION UNDER SECTION 457 CR. P.C.

Whereas, a vehicle (Motorcycle) bearing Registration No. Nil, Chasis

No. MBLHA10AWCGK and Engine No. ..... was lying at Vijay Park Gali

Gandhi Nagar, Jammu which has been Seized by the police of Police Station

Gandhi Nagar, Jammu on 28-06-2022 in exercise of powers under Section

102 Cr. P.C.

Whereas, proceedings under Section 457 Cr. P.C in respect of the

above mentioned seized vehicle are pending in this Court.

Therefore, by virtue of this publication, public in general is

informed that if any person has any right or claim over the above said

vehicle, he/she/they may appear in person or through counsel before this

Court and establish his/her/their claim within a period of six months from

the date of publication of this proclamation, failing which appropriate

orders for disposal of the above said vehicle shall be passed under law.

Given under my hand and seal of the Court today on 26-08-2022.

(Sd.) URVASHI RAINA,

Judicial Magistrate Ist Class (Munsiff),

Jammu.

———

No. 24 ] The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. 413

GOVERNMENT OF JAMMU AND KASHMIR

OFFICE OF THE COLLECTOR LAND ACQUISITION

(ADDITIONAL DEPUTY COMMISSIONER, TRAL)

Preliminary Notification under Section-11(1)

No. : CLA/ADC/Tral/01 of 2022

Dated : 18-06-2022

Subject :— Preliminary Notification under Section 11(1) of the ‘‘Right

to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act 2013’’ with

regard to acquisition of land measuring 10 Marlas for

Government Establishments (Govt. Primary School

Dharamgund) of Education Department.

————

Whereas, it appears to the Collector that a total of 10 Marlas land

is required in Dharamgund Village, Aripal Tehsil Pulwama District for

public purpose namely ‘‘Construction of Government Primary School

Dharamgund’’. Social Impact Assessment Study was carried out by

Social Impact Assessment (SIA) unit and a report submitted/preliminary

investigation was conducted by a team constituted by Collector as laid

down under rule-4 of the ‘‘Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and Resettlement Act 2013’’. The

summary of the Social Impact Assessment Report/preliminary investigation

is as follows ;

i).

That the proposed acquisition of land serves public purpose as

it caters to the educational needs of its surrounding Sikh and

Muslim community of Villages Dharamgund, Gadpora,

Basantpora Heevan etc.

ii).

That the land proposed for the acquisition is an absolute bare-

minimum needed for the project as reported by Education

Department.

iii).

That no structure has to be demolished by the said acquisition.

iv).

That no owner became landless by the said acquisition.

v).

That reportedly the acquisition at an alternate place has not

been found feasible by the Indenting Department.

A total of nil families are likely to be displaced due to the land

acquisition.

414 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [ No.24

Therefore, it is notified for the above said project in the

Dharamgund Village of Aripal Tehsil Pulwama District a piece of land

measuring 10 Marlas of standard measurement, whose detail description

is as following is under acquisition :

(A)

(B)

Trees

Variety

Number

Nil

(C)

Structures

Type

Plinth Area

Nil

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’’ to all whom it may concern.

It is impressed that under Section 11(4) of the Act,‘‘no person

shall make any transaction or cause any transaction of land/structures

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

concerned Collector’’.

S.No.

Survey No.

Type of Title

Type of Land

Area under Name and address of person

Boundaries

K M S

Name of

Tiller

Name of

Occupant

N S E W

184/162/133/103

Aabi Dehh

Gair Mumkin Abadi Dehh

00 10 00

Abadi

Maqbooza Abadi Dehh

Avtar Singh S/o Thakar Singh

105 179 65 104

No. 24 ] The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. 415

Objections to the acquisition, if any, may be filed 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.

(Sd.) S. A. RAINA, JKAS,

Collector Land Acquisition/ADC,

Tral.

———

GOVERNMENT OF JAMMU AND KASHMIR

OFFICE OF THE COLLECTOR LAND ACQUISITION,

(ADDITIONAL DEPUTY COMMISSIONER TRAL)

Preliminary Notification under Section-11(1)

Subject :— Preliminary Notification under Section 11(1) of the

‘‘Right to Fair Compensation and Transparency

in Land

Acquisition, Rehabilitation and Resettlement

Act 2013’’ with regard to acquisition of land measuring

01 Kanal for Government establishments (Govt.

Upper Primary School Nagbal, Machama) of Education

Department.

————

Whereas, it appears to the Collector that a total of 01 Kanal land

is required in Nagbal (Machama) Village, Tral Tehsil Pulwama District

for public purpose namely ‘‘Construction of Government Upper Primary

School Nagbal (Machama), Social Impact Assessment Study was

carried out by Social Impact Assessment (SIA) unit and a report

submitted/preliminary investigation was conducted by a team constituted

by the Collector as laid down under rule-4 of ‘‘Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act 2013’’. The summary of the Social Impact Assessment

Report/preliminary investigation is as follows ;

i).

That the proposed acquisition of land serves public purpose as

it caters to the educational needs of its surrounding Gujjar

Habitations and other Villages including Brenpathri, Cheniparan

etc.

ii).

That the land proposed for the acquisition is an absolute bare-

minimum needed for the project as reported by Education

Department.

416 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [ No.24

iii).

That no structure has to be demolished by the said acquisition.

iv).

That no owner became landless by the said acquisition.

v).

That reportedly the acquisition at an alternate place has not

been found feasible by the Indenting Department.

A total of nil families are likely to be displaced due to the land

acquisition.

Therefore, it is notified for the above said project in the Nagbal

(Machama) Village of Tral Tehsil Pulwama District a piece of land

measuring 01 Kanal of standard measurement, whose detail description

is as following is under acquisition :

(A)

(B)

Trees

Variety

Number

Walnut

(C)

Structures

Type

Plinth Area

Nil

S.No.

Survey No.

Type of Title

Type of Land

Area under

acquisition

Name and address of person

interested

Boundaries

K M S

Name of

Owner

Name of

Tiller

Name of

Occupant

N S E W

999/647/91

Sec 5

Maidani

01 0 0

Sec 5

Land

Akbar S/o Mohd Malik

Mohd Iqbal S/o Akbar Malik

26,

23,

25,

121 90 93,

No. 24 ] The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. 417

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’’ to all whom it may concern.

It is impressed that under Section 11(4) of the Act, ‘‘no person

shall make any transaction or cause any transaction of land/structures

i. e. sale/purchase etc. or create any emcumbrances on such land from

the date of publication of such notification without prior approval of the

concerned Collector’’.

Objections to the acquisition, if any, may be filed 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 the Collector.

(Sd.) S. A. RAINA, KAS,

Collector Land Acquisition/ADC,

Tral.

———

IN THE COURT OF COURT OF JUDICIAL MAGISTRATE,

TANGMARG

File No. 80

D.O.I : 08-05-2010

D.O.O : 21-04-2022

Present : Mr. Easar Ul Nabi

CNR No. : JKBA150000082010

In the case of :

State through Police Station Gulmarg

FIR No. 09/2010

Offence 379, 34/RPC

Versus

Mohammad Aabid S/o Mahmood R/o Gali No. 13, C-8, 328/

Kabir Nagar, Delhi

Mohammad Shariq S/o Mohammad Saleem R/o Gali No. 786,

Rashidia Masjid Shastria Road, Delhi

Danish Mohammad S/o Saeed Mohammad R/o Kowinagar Delhi,

Cell No. 8447134140, 9654189174

Ruksara D/o Mohammad Iqbal R/o H. No. B-280 Gali No. 1, Kabir

Nagar Delhi-110093

Accused

Non-bailable arrest warrant against the accused u/s 512 Cr. P.C.

Directing all police persons of Jammu and Kashmir Police.

418 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [ No.24

In the above titled case the alleged accused have absconded and

have not been chased/arrested as usual and the finding of the accused

is impossible. The incharge search Investigating Officer has given a

statement that lot of searches happened for finding the accused, and

they have not been found and the arrest of the accused is impossible

as the accused have escaped/runaway, therefore the Court is satisfied

that the arrest of the accused is not possible to arrest under usual

procedure.

Therefore proceeding under 512 of Cr. P.C. has been initiated and

you have been given powers to arrest the accused if the accused are

found anywhere in the country and present the accused before the Court

and the warrant remains in force till arrest of the accused.

On 21-04-2022 with seal and sign of this Court this document has

been issued.

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

Munsiff

Judicial Magistrate 1st Class

Tangmarg (Kmr.)

———

Notice

My son’s name has wrongly been written as Shivesh Khajuria

instead of Shivansh Khajuria in his school records. He is now studying

in 8th class under Roll No. 33, 8th ‘B’. Correction of the same

is required. Objection, if any, may be conveyed to the Principal K.V.

No. 1 School, Gandhi Nagar, Jammu within seven days.

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

in this connection.

Manohar Lal

F/o Shivansh Khajuria,

R/o H. No. 1178, Sector-8,

Gandhi Nagar, Jammu.

Notice

No Legal responsibility is accepted for the publication of

Advertisements/Public Notices in this Part of the Official Gazette

of UT of J&K. Persons notifying the Advertisements/Public

Notices will remain solely responsible for the legal consequences

and also for any other misrepresentation etc.

By order.

General Manager,

Ranbir Govt. Press, Jammu.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 135] Jammu, Thu., the 15th September, 2022/24th Bhad., 1944. [No. 24

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—

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

—————————————————————————————

State Motor Garages

24-3-2022 to

1030 hours to

Complex, New Plot

25--3-2022

1630 hours.

Jammu.

126 The J&K Official Gazette, 15th Sept., 2022/24th Bhad., 1944. [No. 24

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

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.

—————————————————————————————

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS.

(Power Section)

Notification

Srinagar, the 19th of April, 2022.

SO–178.— In exercise of the powers conferred by Sub-Section (1)

of the Section 20 of the Code of Criminal Procedure, 1973, the Government

hereby appoint Mr. Raeis Ahmad Bhat, JKAS, Assistant Commissioner

(Revenue), Srinagar, to be the Executive Magistrate who shall exercise all

the powers of an Executive Magistrate within his territorial jurisdiction of

District Srinagar.

The Government further in exercise of the powers conferred by Sub-

Section (2) of Section 20 of the said code appoints the aforesaid Executive

Magistrate as Additional District Magistrate within the territorial jurisdiction

of District Srinagar who shall have all the powers of District Magistrate

under the said code.

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to the Government.

EXTRAORDINARY REGD. NO. JK–33

No. 2-c] The J&K Official Gazette, 19th April, 2022/29th Chai., 1944.

Tue

—————————————————————————————————

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS.

(Powers Section)

Notification

Jammu, the 19th of April, 2022.

SO–179.—In exercise of the powers conferred by Sub-Section (1) of

the Section 20 of the Code of Criminal Procedure, 1973, the Government

hereby appoint following officers to be the Executive Magistrates who

shall exercise all the powers of an Executive Magistrate within their territorial

jurisdictions of District Shopian.

S. No.

Name of the Officer

Designation/Place

posting

—————————————————————————————

Sh. Sajad Ahmad

Naib Tehsildar, Paprin

Sh. Mushtaq Ahmad

Naib Tehsildar, Kanjiullar

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to the Government.

EXTRAORDINARY REGD. NO. JK–33

No. 2-d] The J&K Official Gazette, 19th April, 2022/29th Chai., 1944.

Tue

—————————————————————————————————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOUSING AND URBAN DEVELOPMENT

DEPARTMENT

Notification

Jammu, the 22nd April, 2022.

SO-203.—In exercise of the powers conferred by sub-section (1)

of section 3 and section 4 of the Jammu and Kashmir Development

Act, 1970 (Act No. XIX of 1970), the Government hereby declares the

area specified in Annexure to this notification to be the Local Area for

the purposes of the said Act and constitutes therefor an authority to

EXTRAORDINARY

REGD. NO. JK—33

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

Vol. 135]

Jammu, Fri., the 22nd April, 2022/2nd Vai., 1944.

[No. 3-e

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

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

separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

The J&K Official Gazette, 22nd April, 2022/2nd Vai., 1944.

[No. 3-e

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

be known as Samba Development Authority, consisting or the

following ; namely :—

1. Chief Secretary, Union Territory of

Chairman

Jammu and Kashmir

2. Administrative Secretary, Housing and

Member

Urban Development Department

(Vice-Chairman)

3. District Development Commissioner,

Member-Secretary

Samba

4. Additional Deputy Commissioner, Samba

Member

5. Director, Urban Local Bodies, Jammu

Member

6. Chief Town Planner, Jammu

Member

7. Regional Director, Directorate of

Member

Environment and Remote Sensing

8. Conservator of Forest of the District

Member

Samba

9. President/Administrator Municipal

Member

Committee, Samba

10. Superintendent Engineer, R&B, Samba

Member

11. Superintendent Engineer, Jal Shakti,

Member

Samba

12. Superintendent Engineer, EM&RE, Samba

Member

The members shall hold the office for a period of two years.

By order of the Lieutenant Governor.

(Sd.) DHEERAJ GUPTA, IAS,

Principal Secretary to the Government,

Housing and Urban Development Department.

–––––––

No. 3-e] The J&K Official Gazette, 22nd April, 2022/2nd Vai., 1944.

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Annexure to SO-203 dated 22-04-2022.

Khasra-wise Revenue detail of the villages falling under Local

Area.

S. No.

Name of the Village

Khasra Nos.

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

Mandi Kehli

1 to 133

Chak Manga Rakwal

1 to 189

Arazi Samba

1 to 204

Mandi Pushwallian

1 to 188

Mandi Gurgallian

1 to 183

Mandi Garh

1 to 47

Mandi Sadwallian

1 to 38

Mandi Durgallian

1 to 15

Mandi Thalora

1 to 82

10.

Mandi Kotli

1 to 70

11.

Mandi Dansal

1 to 84

12.

Parel

1 to 69

13.

Beri

1 to 98

14.

Samlah

1 to 108

15.

Kotera

1 to 61

16.

Amala

1 to 118

17.

Pangwal

1 to 258

18.

Nehari

1 to 389

19.

Samba

1 to 295

20.

Daboh

1 to 293

21.

Balore

1 to 463

22.

Mananu

1 to 163

The J&K Official Gazette, 22nd April, 2022/2nd Vai., 1944.

[No. 3-e

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

23.

Nandni

1 to 48

24.

Chak Nanak

1 to 357

25.

Badheri

1 to 445

26.

Chak Manga Gujjar

1 to 312

27.

Bela Samba

1 to 34

28.

Bela Manohar

1 to 5

29.

Manohar Gopala

1 to 188

30.

Mandhera

1 to 306

31.

Chak Jangi

1 to 321

32.

Surgal

1 to 102

33.

Rehiyan

1 to 545

34.

Katli

1 to 1172

35.

Ramnagar

1 to 605

36.

Rakh Amb Tali

1 to 547

37.

Karandi

1 to 119

(Sd.)

RIDHIMA SHARMA,

Under Secretary to the Government.

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOUSING AND URBAN DEVELOPMENT

DEPARTMENT

Notification

Jammu, the 22nd April, 2022.

SO-204.—In exercise of the powers conferred by sub-section (1)

of section 4 of the Jammu and Kashmir Development Act, 1970

(Act No. XIX of 1970) and in partial modification of Notification

EXTRAORDINARY

REGD. NO. JK—33

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

Vol. 135]

Jammu, Fri., the 22nd April, 2022/2nd Vai., 1944.

[No. 3-f

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

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

separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

The J&K Official Gazette, 22nd April, 2022/2nd Vai., 1944.

[No. 3-f

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

SRO-132 dated 07-04-1981, the Government hereby re-constitutes the

Kathua Development Authority with following composition ; namely :—

1. Chief Secretary, Union Territory of

Chairman

Jammu and Kashmir

2. Administrative Secretary, Housing

Vice-Chairman

and Urban Development Department

3. District Development Commissioner,

Member-Secretary

Kathua

4. Additional Deputy Commissioner, Kathua

Member

5. Director, Urban Local Bodies, Jammu

Member

6. Chief Town Planner, Jammu

Member

7. Regional Director, Directorate of

Member

Environment and Remote Sensing

8. Conservator of Forest of the District

Member

Kathua

9. President/Administrator Municipal

Member

Committee, Kathua

10. Superintendent Engineer, R&B, Kathua

Member

11. Superintendent Engineer, Jal Shakti,

Member

Kathua

12. Superintendent Engineer, EM&RE, Kathua

Member

The members shall hold the office for a period of two years.

By order of the Lieutenant Governor.

(Sd.)

DHEERAJ GUPTA, IAS,

Principal Secretary to the Government,

Housing and Urban Development Department.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Jammu, the 22nd April, 2022.

SO-205.––Whereas, on 02-11-2021, Police Station, Karnah received

a docket to the effect that Police Post Tad came to know through reliable

sources that a person namely, Adil Hussain Shah S/o Mir Hyder Shah

R/o Takiya Bhadur Kote, Karnah has procured arms/ammunition and

Narcotics and concealed the same at his residence ; and

EXTRAORDINARY

REGD. NO. JK—33

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

Vol. 135]

Jammu, Fri., the 22nd April, 2022/2nd Vai., 1944.

[No. 3-g

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

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

separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

The J&K Official Gazette, 22nd April, 2022/2nd Vai., 1944.

[No. 3-g

–––––––––––––––––––––––––––––––––––––––––—–––—————–––

2. Whereas, based on the above, case FIR No. 106/2021 under

sections 8/21 NDPS Act, 7/25 Arms Act, 13, 39, 40 of ULA (P) Act,

came to be registered in Police Station, Karnah and investigation was

taken up. Subsequently, during investigation section 40 of ULA (P) Act

was dropped and sections 18, 20, 23 of ULA (P) Act were added

in the case ; and

3. Whereas, during investigation, accused Adil Hussain Shah was

arrested in connection with the case and arms/ammunition viz. 02 AK

rifles, 02 AK Magazine and 208 AK rounds were recovered from his

residential house. During his questioning, one more accused viz. Fariz

Hussain Shah S/o Mir Shah R/o Prada, Karnah was arrested in the case

and arms/ammunition viz. 04 Pistol, 05 Pistol Magazine and

01 Packet of Narcotics were also recovered from his residential

house ; and

4. Whereas, during course of investigation, site plan of place of

occurrence and seizure memos were prepared and statement of witnesses

acquainted with the facts and circumstances of the case were recorded

under the relevant provisions of law ; and

5. Whereas, during investigation, four persons viz. Rafiq Ahmad

Tanch S/o Mohammad Khan R/o Bihadi, Karnah, Amir Fareed Tanch

S/o Fareed Ahmad R/o Bihadi, Karnah, Farooq Ahmad Badan S/o Yousuf

Badan R/o Amrohi and Umar Ashraf Lone S/o Mohammad Ashraf

R/o Vijhar, Bandipora were found involved in the case. Subsequently,

the accused were arrested in connection with the case and during

questioning 04 Pistol, 02 Pistol Magazine and 07 Pistol rounds were

recovered from the residential house of accused Farooq Ahmad

Badan ; and

6. Whereas, during investigation, accused viz. Adil Hussain Shah,

Fariz Hussain Shah, Rafiq Ahmad Tanch, Amir Fareed Tanch, Farooq

Ahmad Badan and Umar Ashraf Lone were found in contact with PoK

handlers namely, Mohammad Sadiq S/o Akbar Shah R/o Panjitara

A/P Pakistan, Tanzeer Ahmad S/o Mangta Shah R/o Muzaffar Abad PoK

and Mahmood Shah S/o Maqsood Shah R/o Panjtar A/P Pakistan,

through the virtual mode and were working as OGWs for them, besides,

No. 3-g]

The J&K Official Gazette, 22nd April, 2022/2nd Vai., 1944.

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

under well knit criminal conspiracy procured arms/ammunition from PoK

handlers for further distribution among the LeT banned terrorists ; and

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

recorded and other evidence collected, the Investigating Officer has

established prima facie involvement of below mentioned accused for

the commission of offence punishable under section as shown against

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

Name of accused

Offence

No.

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

Adil Hussain Shah S/o Mir Hyder Shah

13, 18, 23, 39

R/o Takiya, Bhadur Kote, Karnah.

of ULA(P) Act

Fariz Hussain Shah S/o Mir Shah R/o

Prada, Karnah.

Rafiq Ahmad Tanch S/o Mohammad Khan

13, 18, 39

Tanch R/o Bihadi, Karnah.

of ULA (P) Act

Amir Fareed Tanch S/o Fareed Ahmad

Tanch R/o Bihadi, Karnah.

Farooq Ahmad Badan S/o Mohammad

13, 18, 23, 39

Yousuf Badan R/o Amrohi.

of ULA(P) Act

Umar Ashraf Lone S/o Mohammad Ashraf

13, 18, 39

Lone R/o Vijhar, Bandipora.

of ULA (P) Act

Mohammad Sadiq Shah S/o Akbar Shah

18, 20

R/o Panjitara A/P Pakistan.

of ULA (P) Act

Tanzeer Ahmad S/o Mangta Shah R/o

Muzafar Abad, PoK.

Mahmood Shah Sio Maqsood Shah R/o

Panjitara A/P Pakistan.

8. Whereas, accused Mohammad Sadiq, Tanzeer Ahmad and

Mahmood Shah being active terrorists are absconding against whom

proceedings under section 299 Cr. PC have been proposed to be

initiated ; and

The J&K Official Gazette, 22nd April, 2022/2nd Vai., 1944.

[No. 3-g

–––––––––––––––––––––––––––––––––––––––––—–––—————–––

9. Whereas, the Authority appointed by the Government under

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

Act, 1967 has independently examined the case diary file and all the

other relevant documents relating to the case and has come to the

conclusion that prima facie case is made out against the above

accused ; and

10. Whereas, after perusing the Case Diary file, the relevant

documents and also taking into consideration the views of the Authority

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

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

sufficient material and evidence available against the above-mentioned

accused for their prosecution under the provisions of law.

Now, therefore, in exercise of the powers conferred by sub-

section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Adil Hussain Shah, Fariz Hussain

Shah, Rafiq Ahmad Tanch, Amir Fareed Tanch, Farooq Ahmad Badan,

Umar Ashraf Lone, Mohammad Sadiq, Tanzeer Ahmad and Mahmood

Shah for the commission of relevant offences of the Unlawful Activities

(Prevention) Act, 1967, indicates against each at Para (7) above, arising

out of FIR No. 106/2021 of Police Station, Karnah.

By order of the Government of Jammu and Kashmir.

(Sd.) R. K. GOYAL, IAS,

Financial Commissioner/

Additional Chief Secretary,

(Home).

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Jammu, the 22nd April, 2022.

SO-206.––Whereas, on 16-11-2017, Police Station, Lalpora, received

a docket from in-charge Police Post, Khurhama to the effect that during

patrolling duty near Village Saiwan, 02 persons were found in suspicious

circumstances, who while seeing patrolling party tried to escape but one

person identified as Mohammad Maqbool Dar S/o Ab. Gani Dar R/o

EXTRAORDINARY

REGD. NO. JK—33

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

Vol. 135]

Jammu, Fri., the 22nd April, 2022/2nd Vai., 1944.

[No. 3-h

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

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

separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications.

———–

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

The J&K Official Gazette, 22nd April, 2022/2nd Vai., 1944.

[No. 3-h

–––––––––––––––––––––––––––––––––––––––––—–––—————–––

Dar Mohalla, Saiwan was chased down on spot. During his personal

search Police recovered 09 posters of JeM/LeT, TuM and HM banned

organizations from his possession. The another accused managed to

escape from the spot ; and

2. Whereas, based on the above, case FIR No. 90/2017 under

section 13 of the Unlawful Activities (Prevention) Act, 1967, came to

be registered in Police Station, Lalpora and investigation of the case was

taken up ; and

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

occurrence and seizure memos were prepared and statement of witnesses

acquainted with the facts and circumstances of the case were recorded

under the relevant provisions of law ; and

4. Whereas, during investigation, the person who escaped from the

place of occurrence was identified as Bilal Ahmad Shah S/o Nazir Ahmad

R/o Shartmuqam. Subsequently, the accused was also arrested in

connection with the case ; and

5. Whereas, during investigation, six other persons viz. Danish

Ghulam Lone S/o Gh. Mohammad R/o Brahbund, Pulwama, Suhail

Ahmad Bhat S/o Gh. Mohi-ud-Din R/o Dogripora, Pulwama, Liyaqat

Ali Khan S/o Peer Khan, Dowlat Ahmad Khan S/o Syed Rehman, Gh.

Nabi Mughal S/o Ali Akbar Mughal R/o Manigah, Kupwara, and Haroon

Ahmad Sheikh S/o Alif Din Sheikh R/o Amroai, Karnah were arrested

in connection with the case. Later the above persons were dropped from

the case in view of insufficient evidence by giving benefit under

section 169 Cr. PC ; and

6. Whereas, during investigation, it was established that accused

viz. Mohammad Maqbool Dar and Bilal Ahmad Shah were involved in

pasting posters of JeM/LeT, TuM and HM banned outfits in the area,

in order to provoke general public against unity, security and sovereignty

of the Nation ; and

7. Whereas, on the basis of investigation, and other evidence

collected, the Investigating Officer has established prima facie involvement

of below mentioned accused in the commission of offences punishable

No. 3-h]

The J&K Official Gazette, 22nd April, 2022/2nd Vai., 1944.

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

under section as shown against each of the Unlawful Activities

(Prevention) Act, 1967 :—

Name of the accused

Offence

No.

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

01.

Mohammad Maqbool Dar S/o Ab. Gani

13 of

Dar R/o Dar Mohalla, Saiwan.

ULA (P) Act

02.

Bilal Ahmad Shah S/o Nazir Ahmad

R/o Shartmuqam.

8. Whereas, the Authority appointed by the Government under sub-

section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967 has independently examined the case diary file and all the

other relevant documents relating to the case and has come to the

conclusion that prima facie case is made out against the above

accused ; and

9. Whereas, after perusing the Case Diary file, the relevant

documents and also taking into consideration the views of the Authority

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

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

sufficient material and evidence available against the above-mentioned

accused for their prosecution under the provisions of law.

Now, therefore, in exercise of the powers conferred by

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

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Mohammad Maqbool Dar and Bilal

Ahmad Shah for the commission of offences punishable under

section 13 of ULA (P) Act arising out of FIR No. 90/2017 of Police

Station, Lalpora.

By order of the Government of Jammu and Kashmir.

(Sd.) R. K. GOYAL, IAS,

Financial Commissioner/

Additional Chief Secretary (Home).

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Jammu, the 25th April, 2022.

SO-207.––Whereas, on 29-10-2021, Police Station, Larnoo received

a docket to the effect that a joint Naka was established by Police/Security

Forces at Lissu Branard. During Naka checking, a person on seeing the

Naka party, tried to escape but was chased down on spot and identified

as Arif Ahmad Padder S/o Gh. Ahmad Padder R/o Draway. During his

EXTRAORDINARY

REGD. NO. JK—33

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

Vol. 135]

Jammu, Mon., the 25th April, 2022/5th Vai., 1944.

[No. 3-i

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

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

The J&K Official Gazette, 25th April, 2022/5th Vai., 1944.

[No. 3-i

–––––––––––––––––––––––––––––––––––––––––—–––—————–––

personal search, Police recovered 01 AK-47 magazine and 30 live AK

rounds from his possession ; and

2. Whereas, based on the above, case FIR No. 70/2021 under

sections 13, 20, 39 of ULA (P) Act, 7/25 Arms Act, came to be registered

in Police Station, Larnoo and investigation was taken up. During

investigation, 01 hand grenade was also recovered from Rain Ather forest,

on the disclosure of accused Arif Ahmad Padder. Subsequently, during

investigation, sections 23 and 38 of ULA (P) Act were added in the

case ; and

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

occurrence and seizure memos were prepared and statement of witnesses

acquainted with the facts and circumstances of the case were recorded

under the relevant provisions of law ; and

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

viz. Arif Ahmad Padder along with one Arif Ahmad Malik S/o Gh. Hassan

Malik R/o Litter, Pulwama were working as Over Ground Workers

(OGWs) for a terrorist of LeT banned outfit namely, Basit Ahmad Wani

S/o Mohammad Ashraf R/o Danwathpora, Kokernag and were providing

shelter/logistic support to him for carrying out the terrorist activities,

besides, accused Arif Ahmad Padder procured arms/ammunition from the

said terrorist for carrying out the unlawful activities in the area ; and

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

recorded and other evidence collected the Investigating Officer has

established prima facie involvement of below mentioned accused for

the commission of offence punishable under section as shown against

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

Name of accused

Offence

No.

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

Arif Ahmad Padder S/o Gh. Ahmad Padder

13, 23, 39 of

R/o Draway Namatpora, Larnoo.

ULA (P) Act

No. 3-i]

The J&K Official Gazette, 25th April, 2022/5th Vai., 1944.

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Arif Ahmad Malik S/o Gh. Hassan

13, 39 of

Malik R/o Litter, Pulwama.

ULA (P) Act

Basit Ahmad Wani S/o Mohd

20, 38 of

Ashraf R/o Danwathpora, Kokemag.

ULA (P) Act

6. Whereas, accused OGW, Arif Ahmad Malik and terrorist

namely, Basit Ahmad Wani are absconding and proceedings under

section 299 Cr. PC have been proposed to be initiated against

them ; and

7. Whereas, the Authority appointed by the Government under

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

Act, 1967 has independently examined the case diary file and all the

other relevant documents relating to the case and has come to the

conclusion that prima facie case is made out against the above

accused ; and

8. Whereas, after perusing the Case Diary file, the relevant

documents and also taking into consideration the views of the Authority

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

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

sufficient material and evidence available against the above-mentioned

accused for their prosecution under the provisions of law.

Now, therefore, in exercise of the powers conferred by sub-

section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Arif Ahmad Padder, Arif Ahmad

Malik and Bashit Ahmad Wani for the commission of relevant offences

of the Unlawful Activities (Prevention) Act, 1967, indicated against each

at Para (5) above, arising out of FIR No. 70/2021 of Police Station,

Larnoo.

By order of the Government of Jammu and Kashmir.

(Sd.) R. K. GOYAL, IAS,

Financial Commissioner/

Additional Chief Secretary (Home).

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

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Jammu, the 25th April, 2022.

SO-208.––Whereas, on 04-12-2021, a tip-off was received by Police

Station, Khag regarding presence of terrorists in Village Alamnag Poshkar,

Khag. Accordingly, joint cordon and search operation was launched and

during search one terrorist of LeT banned outfit namely, Abdul Hamid

Nath S/o Mohammad Akber Nath R/o Peth-Zanigam, Beerwah was

EXTRAORDINARY

REGD. NO. JK—33

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

Vol. 135]

Jammu, Mon., the 25th April, 2022/5th Vai., 1944.

[No. 3-j

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

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

The J&K Official Gazette, 25th April, 2022/5th Vai., 1944.

[No. 3-j

–––––––––––––––––––––––––––––––––––––––––—–––—————–––

arrested. During his personal search, 01 Chinese Pistol with Magazine

and 05 rounds were recovered from his possession ; and

2. Whereas, based on the above, case FIR No. 95/2021 under

section 7/25 Arms Act, 20, 23 of ULA (P) Act, came to be registered

in Police Station, Khag and investigation was taken up. Subsequently,

during investigation sections 13, 18, 39 of ULA (P) Act were added

in the case ; and

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

occurrence and seizure memos were prepared and statement of witnesses

acquainted with the facts and circumstances of the case were recorded

under the relevant provisions of law ; and

4. Whereas, during investigation, on the disclosure of accused

terrorist viz. Abdul Hamid Nath, Police recovered 01 Chinese hand

grenade from Nagbal Khag forests, besides, two other persons viz.

Mohammad Shafi Ganie S/o Ab. Rehman R/o Ganie Mohalla, Kawoosa,

Khalisa and Zahoor Ahmad Chopan S/o Ali Mohammad R/o Mamoosa,

Pattan were arrested on the disclosure and recovered 19 posters of LeT

banned outfit from the above two persons ; and

5. Whereas, during investigation, it was established that accused

terrorist viz. Abdul Hamid Nath, was member of LeT banned outfit and

was in close contact with LeT commander namely, Mohammad Yousuf

Dar @ Kantroo S/o Ab. Gani Dar R/o Check Kawsoosa, Narbal and

procured arms/ammunition from him for carrying out the terrorist

activities in the area. The other two accused viz. Mohammad Shafi Ganie

and Zahoor Ahmad Chopan were working as Over Ground Workers

(OGWs) for the above terrorists and under well knit criminal conspiracy

were providing shelter/logistic support to them, besides, procured LeT

posters from the terrorists for carrying out the unlawful activities in the

area ; and

5. Whereas, the investigation in respect of LeT terrorist Mohammad

Yousuf Dar @ Kantroo shall continue to bring out his role/involvement

in the case ; and

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

recorded and other evidence collected, the Investigating Officer has

established prima facie involvement of below mentioned accused for

No. 3-j]

The J&K Official Gazette, 25th April, 2022/5th Vai., 1944.

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

the commission of offence punishable under section as shown against

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

Name of accused

Offence

No.

under section

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

Abdul Hamid Nath S/o Mohammad Akber

18, 20, 23 of

Nath R/o Peth-Zanigam, Beerwah.

ULA (P) Act

Mohammad Shafi Ganie S/o Ab. Rehman

13, 18, 39 of

Ganie R/o Ganie Mohalla, Kawoosa, Khalisa. ULA (P) Act

Zahoor Ahmad Chopan S/o Ali Mohammad

Chopan R/o Mamoosa, Pattan.

7. Whereas, the Authority appointed by the Government under sub-

section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967 has independently examined the case diary file and all the

other relevant documents relating to the case and has come to the

conclusion that prima facie case is made out against the above

accused ; and

8. Whereas, after perusing the Case Diary file, the relevant

documents and also taking into consideration the views of the Authority

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

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

sufficient material and evidence available against the above-mentioned

accused for their prosecution under the provisions of law.

Now, therefore, in exercise of the powers conferred by sub-

section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Abdul Hamid Nath, Mohammad Shafi

Ganie and Zahoor Ahmad Chopan for the commission of relevant

offences of the Unlawful Activities (Prevention) Act, 1967, indicates

against each at Para (6) above, arising out of FIR No. 95/2021 of Police

Station, Khag.

By order of the Government of Jammu and Kashmir.

(Sd.) R. K. GOYAL, IAS,

Financial Commissioner

(Additional Chief Secretary), Home Department.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Jammu, the 25th April, 2022.

SO-209.––Whereas, on 27-10-2021, a tip-off was received by Police

Station, Baramulla to the effect that some unknown terrorists fired

indiscriminately upon joint patrolling party of Police/Security forces at

Cheradari, Baramulla. The fire was retaliated by the patrolling party,

triggering an encounter ; and

EXTRAORDINARY

REGD. NO. JK—33

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

Vol. 135]

Jammu, Mon., the 25th April, 2022/5th Vai., 1944.

[No. 3-k

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

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

The J&K Official Gazette, 25th April, 2022/5th Vai., 1944.

[No. 3-k

–––––––––––––––––––––––––––––––––––––––––—–––—————–––

2. Whereas, based on the above, case FIR No. 232/2021 under

section 307 IPC, 7/27 Arms Act, came to be registered in Police Station,

Baramulla and investigation was taken up. During investigation, dead body

of one terrorist later identified as Javaid Iqbal Wani S/o Mohammad

Iqbal Wani R/o Thokarpora, Nanibug, Kulgam of banned terrorist of

LeT organization was recovered from the encounter site along with arms/

ammunition. Subsequently, during investigation sections 13, 18, 19, 20,

23, 38, 39 of ULA (P) Act were added in the case ; and

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

occurrence and seizure memos were prepared and statement of witnesses

acquainted with the facts and circumstances of the case were recorded

under the relevant provisions of law ; and

4. Whereas, during investigation, three persons viz. Asgar Majeed

Lone S/o Ab. Majeed R/o Gulshan Abad, Baramulla, Asif Ahmad Ganie

S/o Gh. Rasool R/o Bagi Islam, Baramulla and Faizan Rasool Gojree

S/o Gh. Rasool R/o Syed Karim, Baramulla were found involved in the

case. Subsequently, the accused were arrested in connection with the

case and during investigation, 01 Chinese Grenade, 01 Detonator and

24 AK-47 rounds were recovered from the possession of accused Asgar

Majeed Lone ; and

5. Whereas, during investigation, it was established that accused

viz. Asgar Majeed Lone, Asif Ahmad Ganie and Faizan Rasool Gojree

were working as Over Ground Workers (OGWs) for the terrorist Javaid

Iqbal Wani and were providing logistic support to him, besides, under

well knit criminal conspiracy were voluntarily harbouring the terrorist in

their residential houses for carrying out the terrorist activities in the

area ; and

6. Whereas, the terrorist Javaid Iqbal Wani has been killed in the

said encounter and proceedings under law would abate against

him ; and

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

recorded and other evidence collected, the Investigating Officer has

established, prima facie involvement of below mentioned accused for

No. 3-k]

The J&K Official Gazette, 25th April, 2022/5th Vai., 1944.

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

the commission of offence punishable under section as shown against

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

Name of accused

Offence

No.

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

Asgar Majeed Lone S/o Ab. Majeed

13, 18, 19, 23,

R/o Gulshan Abad, Baramulla.

39 of ULA (P) Act

Asif Ahmad Ganaie S/o Gh. Rasool

13, 18, 19, 39 of

Ganaie R/o Bagi Islam, Baramulla.

ULA (P) Act.

Faizan Rasool Gojree S/o Gh. Rasool

Gojree R/o Syed Karim, Baramulla.

8. Whereas, accused namely Faizan Rasool Gojree has been found

juvenile during the investigation and in view of section 1(4) of the Juvenile

Justice (Care and Protection of Children) Act, 2015, the apprehension,

detention, prosecution, penalty or imprisonment shall be governed by

the said Act ; and

9. Whereas, the Authority appointed by the Government under sub-

section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967 has independently examined the case diary file and all the

other relevant documents relating to the case and has come to the

conclusion at prima facie case is made out against the above

accused ; and

10. Whereas, after perusing the Case Diary file, the relevant

documents and also taking into consideration the views of the Authority

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

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

sufficient material and evidence available against the above-mentioned

accused for prosecution under the provisions of law.

Now, therefore, in exercise of the powers conferred by sub-

section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Asgar Majeed Lone and Asif Ahmad

Ganie for the commission of relevant offences of the Unlawful Activities

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Jammu, the 25th April, 2022.

SO-210.––Whereas, on 09-11-2021, a tip-off was received by Police

Station, Baramulla to the effect that some terrorists are hiding in the

Hajibal forests. Accordingly, a joint cordon and search operation was

launched by Police/Security Forces and during search, the terrorists hiding

EXTRAORDINARY

REGD. NO. JK—33

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

Vol. 135]

Jammu, Mon., the 25th April, 2022/5th Vai., 1944.

[No. 3-l

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

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

The J&K Official Gazette, 25th April, 2022/5th Vai., 1944.

[No. 3-l

–––––––––––––––––––––––––––––––––––––––––—–––—————–––

in the area escaped from the spot leaving behind 02 mobile phones,

01 SIM card and 01 Power bank ; and

2. Whereas, based on the above, case FIR No. 236/2021 under

section 13 of ULA (P) Act, came to be registered in Police Station,

Baramulla and investigation was taken up. Subsequently, during investigation

sections 13, 18, 20 of ULA (P) Act were added in the case ; and

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

occurrence and seizure memos were prepared and statement of witnesses

acquainted with the facts and circumstances of the case were recorded

under the relevant provisions of law ; and

4. Whereas, during investigation, four persons viz. Javaid Ahmad

Kanjwal S/o Ab. Ahad Kanjiwal R/o Mohalla Jalal Shaib, Baramulla,

Suhail Aziz Mir S/o Ab. Aziz Mir R/o Suhail Colony, Baramulla, Owais

Farooq Waza S/o Farooq Ahmad Waza R/o Mohalla Jamia, Baramulla

and Imtiyaz Ahmad Dar S/o Ali Mohd Dar R/o Rakhnapora, Narpora,

Shopian were found involved in the case. Subsequently, the accused were

arrested in connection with the case ; and

5. Whereas, during investigation, it was established that accused

viz. Javaid Ahmad Kanjwal, Suhail Aziz Mir, Owais Farooq Waza and

Imtiyaz Ahmad Dar under well knit criminal conspiracy prepared fake

documents and obtained SIM cards on the documents and provided the

same to the terrorists of LeT banned outfit Hilal Ahmad Sheikh S/o

Ab. Hamid Sheikh R/o Sharkawara, Kreeri and Waheed Ahmad Reshi

S/o Gh. Mohammad Reshi R/o Kharmoh, Kakpora to further terror

activities in the area and to commit unlawful activities ; and

6. Whereas, the terrorist Waheed Ahmad Reshi has been killed in

an encounter with the security forces and proceedings under law would

abate against him ; and

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

recorded and other evidence collected, the Investigating Officer has

established prima facie involvement of below mentioned accused for

No. 3-l]

The J&K Official Gazette, 25th April, 2022/5th Vai., 1944.

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

the commission of offence punishable under section as shown against

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

Name of accused

Offence

No.

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

Javaid Ahmad Kanjwal S/o Ab. Ahad

13, 18 of

Kanjiwal R/o Mohalla Jalal Shaib,

ULA (P) Act

Baramulla.

Suhail Aziz Mir S/o Ab. Aziz Mir

R/o Suhail Colony, Baramulla.

Owais Farooq Waza S/o Farooq

Ahmad Waza R/o Mohalla Jamia,

Baramulla.

Hilal Ahmad Sheikh S/o Ab. Hamid

13, 18, 20 of

Sheikh R/o Sharkawara, Kreeri.

ULA (P) Act

Imtiyaz Ahmad Dar S/o Ali Mohd

13, 18 of

Dar R/o, Rakhnapora, Narpora, Shopian.

ULA (P) Act

8. Whereas, accused Hilal Ahmnd Sheikh being active terrorist is

absconding against whom proceedings under section 299 Cr. PC have

been proposed to be initiated ;

9. Whereas, the Authority appointed by the Government under

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

Act, 1967 has independently examined the case diary file and all the

other relevant documents relating to the case and has come to the

conclusion that prima facie case is made out against the above

accused ; and

10. Whereas, after perusing the Case Diary file, the relevant

documents and also taking into consideration the views of the Authority

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

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

sufficient material and evidence available against the above-mentioned

accused for their prosecution under the provisions of law.

The J&K Official Gazette, 25th April, 2022/5th Vai., 1944.

[No. 3-l

–––––––––––––––––––––––––––––––––––––––––—–––—————–––

Now, therefore, in exercise of the powers conferred by sub-

section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Javaid Ahmad Kanjwal, Suhail Aziz

Mir, Owais Farooq Waza, Hilal Ahmad Sheikh and Imtiyaz Ahmad Dar

for the commission of relevant offences of the Unlawful Activities

(Prevention) Act, 1967, indicates against each at Para (7) above, arising

out of FIR No. 236/2021 of Police Station, Baramulla.

By order of the Government of Jammu and Kashmir.

(Sd.) R. K. GOYAL, IAS,

Financial Commissioner

(Additional Chief Secretary), Home Department.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 135] Jammu, Thu., the 28th April, 2022/8th Vai., 1944. [No. 4-j

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

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

separate compilation

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

PART III

Laws, Regulation and Rules passed thereunder.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—GENERAL ADMINISTRATION

DEPARTMENT

Notification

Srinagar, the 28th of April, 2022.

SO-226.—In exercise of the powers conferred by the proviso to

Article 309 of the Constitution of India, the Lieutenant Governor

Union Territory of Jammu and Kashmir hereby makes the following rules,

namely :—

1. Short title, commencement of application.— (1) These rules

may be called the “Jammu and Kashmir Public Service Commission

(Subordinate) Service Recruitment Rules, 2022”.

EXTRAORDINARY REGD. NO. JK–33

The J&K Official Gazette, 28th April, 2022/8th Vai., 1944.

[No. 4-j

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

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

in the Government Gazette.

Definitions.—In these rules, unless the context otherwise requires,—

(a) “Administrative Department” means the General

Administration Department of the Government in the Civil

Secretariat holding the Administrative charge of the service ;

(b) “Cadre” means the cadre of the service ;

Service Commission ;

(d) “Government” means the Government of Jammu and

Kashmir ;

(e) “Member of the service” means a person appointed to a post

in the service under the provisions of these rules or the rules

superseded by these rules or in the manner as prescribed in

Rule 3 regarding constitution of service, if any ;

(f) “Post” means a permanent post carrying a definite pay scale

sanctioned by the Competent Authority ;

(g) “Rules” means the Jammu and Kashmir Public Service

Commission (Subordinate) Service Recruitment Rules, 2022 ;

(h) “Schedule” means the schedule(s) annexed to these rules ;

(i) “Service” means the Jammu and Kashmir Public Service

Commission (Subordinate) Service being framed under these

rules ;

(j) “Union Territory” means Union Territory of Jammu and

Kashmir ;

(k) Words and expressions used in these rules but not defined shall

have the same meaning as are assigned to them in the Jammu

and Kashmir Civil Services (Classification, Control and Appeal)

Rules/1956, Jammu and Kashmir Civil Services Regulations,

1956/The Jammu and Kashmir Secretariat (Subordinate) Service

Recruitment Rules, 2009 as amended from time to time.

No. 4-j ] The J&K Official Gazette, 28th April, 2022/8th Vai., 1944. 3

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—

3. Constitution of service.— (1) From the date of commencement

of these rules there shall be constituted the “Jammu and Kashmir Public

Service Commission (Subordinate) Service.”

(2) The Government may, at the commencement of these rules,

appoint to the service any person who at the commencement of these

rules, is holding in substantive capacity any post included in the cadre of

this service :

Provided that for the purpose of the initial constitution of the service,

a person holding any post included in the cadre of the service in its sanctioned

scale of pay, in substantive capacity to which he was appointed by the

competent authority under rules, either by direct recruitment or by promotion

or by regularization or by permanent absorption or by compassionate

appointment etc. as the case may be, shall be deemed to have been appointed

to the service under these rules if he/she is fully qualified to hold the post

under these rules.

Explanation :— The word “holding” means a person holding a post included

in the cadre of the Jammu and Kashmir Public Service

Commission (Subordinate) Recruitment Rules, 2022 in

its sanctioned scale of pay on regular basis under orders

of the competent authority and will not include the persons

holding a post on ex-cadre/deputation basis or on ad hoc

basis or in a stopgap arrangement.

4. Strength and composition of the service.—

(i) The authorised permanent and temporary strength of the cadre

and the nature of the posts included therein shall be determined

by the Government from time to time and shall, at the initial

constitution of the Service under these rules, be such as

specified in Schedule-I annexed to these rules :

Provided that the Government may create such temporary posts

in the cadre of the Service for specified period or purpose as

may be considered necessary from time to time on the

recommendations of the Commission.

(ii) The Government shall, after the interval of every three years

or at such other intervals, as may be necessary, re-examine

the strength and composition of the cadre of the Service and

The J&K Official Gazette, 28th April, 2022/8th Vai., 1944.

[No. 4-j

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

make such alterations therein as it deemed fit on the

recommendations of the Commission.

5. Qualifications and method of recruitment.—(1) No person

shall be eligible for appointment or promotion to any post in any class,

category or grade in the Service unless he/she possesses the qualification

as laid down in Schedule-II and fulfils other requirements of recruitment as

provided in the rules and orders for the time being in force.

(2) Appointment to the service shall be made—

b. By direct recruitment ; or

c. By promotion ; or

d. Partly by (a), and partly by (b), in the ratio, and in the manner,

as mentioned against each post in Schedule-II :

Provided that all the posts including Multi-Tasking Staff under direct

recruitment shall be filled through Jammu and Kashmir Service Selection

Board as per the rules/orders of the Government issued for the purpose

unless any post/category of posts is exempted from the purview of the

Service Selection Board by the Government in this behalf :

Provided further, that all the posts to be filled-up by promotion shall be

filled through Departmental Promotion Committee (DPC) constituted from

time to time.

(3) The Commission shall refer vacancies in the direct/promotion

quota to Jammu and Kashmir Service Selection Board and Departmental

Promotion Committee, as the case may be, in terms of SRO-166 dated

14-06-2005 in accordance with sub-rule (2) of rule 5.

6. Probation.—(1) Probation of the Members of the service to be

appointed under these rules shall be governed by the Jammu and Kashmir

Probationers (Conduct of Service, Pay and Allowances) and Fixation of

Tenure Rules, 2020 and in all other cases, under the provisions of Jammu

and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956

as amended from time to time.

(2) The pay of the person to be appointed to the Service through

direct recruitment shall be regulated in terms of the Jammu and Kashmir

Probationer (Condition of Service, Pay and Allowances) and Fixation of

No. 4-j ] The J&K Official Gazette, 28th April, 2022/8th Vai., 1944. 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—

Tenure Rules, 2020 and in all cases in-terms of the relevant rules in vogue

at specific period of time under reference.

7. Reservation in appointments.—While making appointments

either by direct recruitment or by promotion, reservation shall be provided

to the eligible categories in accordance with the provisions of Jammu and

Kashmir Reservation Act, 2004 and the rules and orders, as in force or

issued by the competent authority from time to time.

8. Training and Departmental Examination.—Persons appointed

to the service either by direct recruitment or by promotion shall be required

to undergo such training from time to time during the course of probation

and to pass during the period of probation or trial such departmental

examination(s) as the Government may prescribe :

Provided that the Government may exempt, either wholly or partly,

from such training or departmental examination(s) persons who have passed

a departmental examination or undergone training declared by Government

to be equivalent to a Departmental Examination or training prescribed under

these rules.

9. Eligibility of Government servants for direct recruitment.—

A person already in the Government Service may apply through proper

channel for direct recruitment to a vacant post in any particular class or

category in the Service if he/she possesses the educational and other

qualifications prescribed for recruitment to such class or category of posts.

The upper age limit of such Government servants shall be as provided in

the general rules :

Provided that in case of a post which requires a higher degree of

specialization and/or experience, the Government may prescribe the higher/

upper age limit.

10. Maintenance of seniority lists.—Seniority of the members of

the Service shall be regulated under the Jammu and Kashmir Civil Services

(Classification, Control and Appeal) Rules, 1956 as amended from time to

time. The Commission shall maintain an up-to-date and final seniority list of

members of the service.

11. Residuary matters.—In regard to matters not specifically

covered by these rules the members of the service shall be governed by the

The J&K Official Gazette, 28th April, 2022/8th Vai., 1944.

[No. 4-j

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

rules, regulations and orders applicable to the Jammu and Kashmir

Secretariat (Subordinate) Recruitment Rules, 2009 as amended from time

to time.

12. Interpretation.—If any question arises relating to the

interpretation of these rules the decision of the General Administration

Department shall be final and binding.

13. Repeal and savings.—(1) All rules corresponding to these rules

and in force immediately before the commencement of these rules are

hereby repealed.

(2) Notwithstanding such repeal, any appointment or order made or

action taken under these rules or likewise so repealed shall be deemed to

have been made or taken under these rules.

By order of the Lieutenant Governor.

(Sd.) MANOJ KUMAR DWIVEDI, lAS,

Principal Secretary to the Government.

————

No. 4-j ] The J&K Official Gazette, 28th April, 2022/8th Vai., 1944. 7

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—

SCHEDULE-I

Designation of posts

Pay level with grade pay

No. of

No.

posts

—————————————————————————————

1. Section Officer

Level-7 (44900-142400)

2. Statistical Officer

Level-7 (44900-142400)

3. Asstt. Accounts

Level-7 (44900-142400)

Officer

4. Personal Assistant

Level-7 (44900-142400)

5. Legal Assistant

Level-6 E (35900-113500)

6. Accountant

Level-6 B (35600-112800)

7. Statistical Assistant

Level-6 B (35600-112800)

8. Jr. Stenographer

Level-6 B (35600-112800)

9. Head Assistant

Level-6 B (35600-112800)

10. Senior Assistant

Level-5 (29200-92300)

11. Accounts Assistant

Level-5 (29200-92300)

12. Computer Operator

Level-4 (25500-81100)

13. Junior Assistant

Level-2 (19900-63200)

14. Gestetner Assistant

Level-2 (19900-63200)

15. Jamadar

Level-1 (18000-56900)

16. Packer

Level-1 (18000-56900)

17. Multi-Tasking Staff

SL 1 (14800-47100)

(MTS)

18. Sanitation Worker

SL 1 (14800-47100)

——

Total

——

––––––

The J&K Official Gazette, 28th April, 2022/8th Vai., 1944.

[No. 4-j

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

SCHEDULE-II

———————————————————————————

Class Category

Designation

Pay

Minimum

Method of

level

qualification

recruitment

with

for direct

grade

recruitment

pay

—————————————————————————————————

Section

Level-7

100 % by promotion

Officer

(44900-

from Class-II,

142400)

category-A having

not less than three

years service in that

category.

Personal

Level-7

100 % by promotion

Assistant

(44900-

from Class-II,

142400)

category-B having

not less than five

years service in that

category.

Assistant

Level-7

100 % by deputation

Accounts

(44900-

from Finance

Officer

142400)

Department.

Statistical

Level-7

100 % deputation

Officer

(44900-

from Planning

142400)

Development and

Monitoring

Department.

Legal

Level-6 E

100 % deputation

Assistant

(35900-

from Department of

113500)

Law, Justice and

Parliamentary

Affairs.

Head

Level-6 B

100 % by promotion

Assistant

(35600-

from Class-III,

112800)

category-A having

at least three years

service in that

category and having

passed Secretariat

No. 4-j ] The J&K Official Gazette, 28th April, 2022/8th Vai., 1944. 9

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—

Assistant

Examination :

Providing that 25%

of posts to be filled

up in a calendar year

shall be earmarked

for promotion of

those

Senior

Assistants who have

not qualified the

Secretariat Assistant

Examination, but

having crossed the

age of 50 years as

on 1st January of the

year in which such

promotions are being

considered :

Provided further that

a Senior Assistant

who has qualified

the

Secretariat

A s s i s t a n t s

Examination during

his

period

probation as Junior

Assistant shall not

required

qualify that said

examination again.

Jr. Scale

Level-6 B i. Graduate

100% by direct

Stenographer

(35600

from a

recruitment.

112800)

recognized

having

minium

speed of 65

and 35 w.p.m.

in shorthand

and typing

respectively.

—————————————————————————————————

The J&K Official Gazette, 28th April, 2022/8th Vai., 1944.

[No. 4-j

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

Statistical

Level-6 B

100% by deputation

Assistant

(35600

from Planning

112800)

Development and

Monitoring

Department.

Accountant Level-6 B

100% by deputation

(35600

from Finance

112800)

Department.

III

Senior

Level-5

100% by promotion

Assistant

(29200-

from Class V,

92300)

Category A and

Category B on the

basis of their inter-

se-seniority having

not less than three

years service in that

category.

Provided that the

person shall undergo

and qualify the

Secretariat Assistant

examination/training

during the period of

probation.

Accounts

Level-

100% by deputation

Assistant

5 (29200-

from

Finance

92300)

Department.

Computer

Level-4

BCA or Graduation

100% by direct

Operator

(25500-

with one year

recruitment.

81100)

Diploma in

Computer

Applications

from a recognized

University/

Institute.

—————————————————————————————————

No. 4-j ] The J&K Official Gazette, 28th April, 2022/8th Vai., 1944. 11

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—

Junior

Level-2

Graduation from

75%

Assistant

(19900-

any recognized

direct recruitment.

63200)

University with

ii.

25%

knowledge of type-

promotion from

writing having not

Matriculate

less than 35 words

MTS/Jamadars/

speed per minute.

Packers/

Sanitation

worker having at

least 03 years

services as such,

on the

recommendations

of DPCs, who

qualify type test

requiring a

minimum speed of

25 words per

minute in order of

seniority :

Provided that a

person appointed

by direct

recruitment or by

promotion shall

undergo and

qualify the

Secretariat

Assistant

examination/

training

during the period

of probation.

Gestetner

Level-2

100% by promotion

Assistant

(19900-

from Matriculate

63200)

Class-VI-A & VII,

—————————————————————————————————

The J&K Official Gazette, 28th April, 2022/8th Vai., 1944.

[No. 4-j

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

categories A & B on

the basis of inter-se-

seniority having 03

years service in that

category.

Jamadar/

Level-1

100% by promotion

Packer

(18000-

from Class-VII,

56900)

categories A & B on

the basis of their

inter-se-seniority

having 05 years

service as such.

VII

Multi-

SL 1

Minimum

By direct recruitment.

tasking

(14800-

Matric

Worker

47100)

and maximum

(MTS)

10+2.

Sanitation

SL 1

Minimum 8th and

By direct

Worker

(14800-

maximum 12th

recruitment.

47100)

—————————————————————————————————

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 135 ] Jammu, Sat., the 7th May, 2022/17th Vai., 1944. [No. 5-e

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

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

as a separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 7th May, 2022.

SO–231.—Whereas, on 16-11-2021, Police Station, Nagrota

received reliable information that some terrorist associates affiliated to

prescribed Jaish-e-Mohammad (JeM) were transporting terror funds to

the Kashmir Valley. Subsequently, a Naka was established near Sidhra

Bridge and during Naka checking Police intercepted a vehicle (Innova)

and arrested three persons identified as Fayaz Ahmad Dar S/o Ab.

Rehman Dar R/o Mishpura Frisal, Kulgam, Umar Farooq Malik S/o

Farooq Ahmad Malik and Mouzam Parvez Malik S/o Parvez Ahmad

Malik Rs/o Dalipora, Pulwama. During their personal search Police

recovered an amount of Rs. 43 Lakhs from their possession ; and

EXTRAORDINARY

REGD. NO. JK––33

The J&K Official Gazette, the 7th May, 2022/17th Vai., 1944. [No. 5-e

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

2. Whereas, based on the above, a Case FIR No. 429/2021 under

sections 13, 17 of ULA (P) Act, came to be registered in Police Station,

Nagrota and investigation of the case was taken up. Subsequently,

during the investigation, sections 18, 39, 40 of ULA(P) Act were added

in the case ; and

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

occurrence and seizure memos were prepared and statements of

witnesses acquainted with the facts and circumstances of the case were

recorded under the relevant provisions of law and during the

investigation, Fayaz Ahmad Dar was not found involved in the case.

Subsequently, the said person was dropped from the case by giving the

benefit of section 169 Cr. PC and on the orders passed by Ld. Judge

the amount in his possession was also released ; and

4. Whereas, during the investigation, accused viz. Umar Farooq

Malik and Mouzam Parvez Malik were found in contact with PoK based

JeM banned terrorist Ashiq Nengroo and were working as Over Ground

Workers (OGWs) for the said terrorist. The accused Umar Farooq

Malik and Mouzam Parvez Malik under a well-knit criminal conspiracy

procured an amount of Rs. 15 Lakhs from the PoK based terrorist for

further distribution among the terrorists of JeM banned outfit for

carrying out the terrorist activities in the Valley ; and

5. Whereas, during the investigation, one more accused namely,

Ravi Kumar S/o Prem Kumar R/o Harike, Taran Tarran was arrested

in connection with the case. The investigation in respect of the said

accused and PoK based JeM terrorist Ashiq Nengroo shall continue to

bring out their role/involvement in the case ; and

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

recorded and other evidence collected, the Investigating Officer has

established, prima facie, involvement of below mentioned accused for

the commission of offences punishable under section as shown against

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

Name of accused

Offence

No.

————————————————————————————–

————————————————————————————

Umar Farooq Malik S/o Farooq Ahmad

17, 18, 39, 40 of

Malik R/o Dalipura, Pulwama.

ULA(P) Act.

No. 5-e] The J&K Official Gazette, 7th May, 2022/17th Vai., 1944. 3

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

Mouzam Parvez Malik S/o Parvez

17, 18, 39, 40 of

Ahmad Malik R/o Dalipura, Pulwama.

ULA (P) Act.

7. Whereas, the Authority appointed by the Government under

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

Act, 1967 has independently examined the Case Diary File and all the

other relevant documents relating to the case and has come to the

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

8. Whereas, after perusing the Case Diary File, the relevant

documents and also taking into consideration the views of the Authority

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

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

sufficient material and evidence available against the accused for their

prosecution under the provisions of law.

Now, therefore, in exercise of the powers conferred by sub-

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

1967, the Government hereby accord sanction for launching prosecution

against the accused viz. Umar Farooq Malik and Mouzam Parvez Malik

for the commission of offences punishable under sections 17, 18, 39 and

40 of the Unlawful Activities (Prevention) Act, 1967, arising out of FIR

No. 429/2021 of Police Station, Nagrota.

By order of the Government of Jammu and Kashmir.

(Sd.) R. K. GOYAL, IAS,

Financial Commissioner

(Additional Chief Secretary),

Home Department.

————————————————————————————

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 134 ] Jammu, Tue., the 10th May, 2022/20th Vai., 1944. [No. 5-g

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

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—SCHOOL EDUCATION DEPARTMENT

Notification

Jammu, the 10th of May, 2022.

SO–233.—In exercise of the powers conferred by Section 29 read

with Sections 20A, 20B and 20C of the Jammu and Kashmir School

Education Act, 2002, the Lieutenant Governor Union Territory of Jammu

and Kashmir hereby makes the following rules namely :—

1. Short title and commencement.—(1) These rules may be

called the Jammu and Kashmir Private Schools (Fixation, Determination

and Regulation of Fee) Rules, 2022.

2. They shall come into force at once.

EXTRAORDINARY

REGD. NO. JK––33

The J&K Official Gazette, the 10th May, 2022/20th Vai., 1944. [No. 5-g

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

2. Definitions.—In these rules, unless the context otherwise

requires,—

‘‘Act’’ means the Jammu and Kashmir School Education Act,

2002 ;

‘‘Affiliating body’’ means the Jammu and Kashmir Board of

School Education, the Central Board of School Education

(CBSE) or any other Examination body which has been set up

by a legislative enactment to which the said school is affiliated

or any other body which the Government has permitted to

conduct examination and grant certificates ;

‘‘Appropriate Authority’’ means the Administrative Depart-

ment of School Education ;

‘‘Chairperson’’ means the Chairperson of the Committee ;

‘‘Committee’’ means the Committee constituted under section

20A of the Act ;

‘‘Fee’’ means any fee as has been defined under section 20(E)

of the Act ;

‘‘Fee Determination’’ is the process of class-wise fee fixation,

determination and regulation by the Committee ;

‘‘Government’’ means the Government of Union Territory of

Jammu and Kashmir ;

‘‘Guardian’’ means a person having care and custody of the

child and includes a natural guardian or guardian appointed or

declared by a court or a statute ;

‘‘Parent’’ means either the natural or step or adoptive father

or mother of a child ;

‘‘Processing fee’’ means the amount as prescribed by the

Committee for the purpose of processing the application for

fixation, determination and regulation of fee for a private school ;

‘‘Proforma’’ means a format for obtaining information from

private schools as may be prescribed by the Committee.

No. 5-g] The J&K Official Gazette, the 10th May, 2022/20th Vai., 1944. 3

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

‘‘Private School’’ means an—

(a) unaided School, not receiving any kind of aid or grant to

meet its expenses from Government or the local authority,

which has been permitted to set up by a competent authority

and recognized to impart education by the Government or

any other authority as may be prescribed by the Government

and is affiliated with the affiliating body ;

(b) aided private school which is recognized by and is, or has

been receiving a grant in aid from the Government or any

other local authority ;

‘‘Society’’ means society as registered under the Societies

Registration Act, 1860 or any other Act ;

‘‘Sub Committee’’ means Divisional or District level Committee

as may be constituted under Section 20(H) of the Act ;

‘‘Trust’’ means a trust as registered under Indian Trust Act,

1882.

3. Composition of the committee—(1) The Committee consti-

tuted under Section 20A of the Act, shall consist of :—

a Chairperson who has been a Judge of a High Court or a

Government Officer who has been a Financial Commissioner

of the Union Territory of Jammu and Kashmir or above ;

Administrative Secretary to Government School Education

Department–Member Secretary ;

A representative of the Jammu and Kashmir Board of School

Education not below the rank of Secretary–Member ;

Director of School Education Kashmir/Jammu–Member by

rotation as per the Headquarter of the Committee ;

The Chairperson may co-opt any other independent person of

repute or a representative of a recognized School Association

as an expert member, but the total number of members of

committee shall not exceed five.

If any vacancy accrues due to non availability of a member, it

will be filled by the Government.

The J&K Official Gazette, the 10th May, 2022/20th Vai., 1944. [No. 5-g

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

Any member who has been co-opted/nominated shall draw such

remuneration and allowance such as TA/DA as is admissible

to the Government Servants of the rank of Class-I Officers,

under the prevalent rules ;

No act or proceeding of the committee shall be invalid by reason

only of the existence of any vacancy in, or any defect in, the

constitution of the Committee.

4. Term of office and other conditions of service of

the Chairperson—(1) The Chairperson shall hold office for a term

of three years from the date on which he enters upon office and in the

case of a vacancy arising earlier, for any reason, such vacancy shall

be filled for the remainder of the term :

Provided that he may by writing under his hand resign his office

any time during the tenure of his office.

(2) The salary, allowances, perquisites, perks and other conditions

of service of the Chairperson shall be the same as those of a sitting

Judge of the High Court, in the case he has been a Judge of any High

Court ; and as those of a Financial Commissioner in case he has been

a Financial Commissioner of the Union Territory of Jammu and Kashmir

or above :

Provided that if the Chairperson is, at the time of his appointment,

in receipt of a pension (other than a disability or wound pension) in

respect of any previous service under the Government of India or under

the Government of a State, his salary in respect of service as the

Chairperson be reduced :—

i. By the amount of that pension ; and

ii. If he has, before such appointment, received, in lieu of a

portion of the pension due to him in respect of such previous

services, the commuted value thereof, by the amount of that

portion of the pension :

Provided further that the salary, allowances and other conditions

of service of the Chairperson shall not be varied to his disadvantage after

his appointment.

No. 5-g] The J&K Official Gazette, the 10th May, 2022/20th Vai., 1944. 5

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

(3) The Government may extend the term of the Chairperson for

such period as may deem fit and proper.

5. Powers and functions of the Committee.—(1) The Powers

of the Committee shall be—

To fix, determine and regulate the fee to be charged and

collected by a private school ;

To hear complaints with regard to the charging and collection

of fee in excess of the fee determined by it. If the Committee,

after obtaining the material comes to the conclusion that the

Private School has charged and collected fee in excess of the

fee fixed, determined and regulated by the Committee, it shall

recommend to the appropriate authority for the cancellation of

the recognition or registration of the Private School or for any

other course of action as it deems fit in respect of the Private

School. Any such recommendation made by the Committee shall

be implemented by the appropriate authority within a reasonable

time as per procedure laid down ;

Require each Private School to place before the Committee the

proposed fee structure of such school with all relevant

documents and books of accounts for scrutiny within such date

as may be specified by the Committee ;

Obtain from the Private School any such information as may

be required by it for the examination of the fee structure of the

Institution ;

Verify whether the fee proposed by the Private School is

justified and it does not amount to profiteering or commercialisation

of education ;

Approve the fee structure or fix and determine some other fee

that can be charged by the Private School ;

Verify whether the fee collected by the Private School affiliated

to the affiliating body commensurate with the standard of

education and other related facilities provided by the Private

School ;

The J&K Official Gazette, the 10th May, 2022/20th Vai., 1944. [No. 5-g

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

To recommend the appropriate authority for disaffiliation of the

Private School, if it comes to a conclusion that the private school

has charged and collected highly excessive fee ;

The Committee shall have the power to regulate its own

procedure in all matters arising out of the discharge of its

functions, and shall for the purpose of making any inquiry under

these rules, have all the powers of a Civil Court under the Code

of Civil Procedure, 1977 while trying a suit, in general, and in

particular in respect of the following matters, namely :—

Summoning and enforcing the attendance of any

witness and examining him on oath ;

ii.

The discovery and production of any document ;

iii.

The receipt of evidence on affidavits ;

iv.

The issuing of any commission for the examination of

a witness.

The Committee shall, on fixing and determining the fee leviable

by a Private School, communicate its decision to the Private

School concerned.

The Committee shall indicate the different heads under which

the fees shall be levied.

6. Fixation, Determination and regulation of Fee.—

The Committee shall fix and determine the fee for each Private

School separately as per the procedure mentioned in these rules.

The fee fixed and determined by the Committee having regard

to relevant factors shall be binding on the Private School ;

The fee fixed and determined by the Committee shall be valid

for a period of three (03) years. However, in case a school

seeks any modification in the fee structure fixed and determined

by the Committee within the prescribed time period, it shall apply

to the Committee for the same.

No. 5-g] The J&K Official Gazette, the 10th May, 2022/20th Vai., 1944. 7

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

7. Factors for determination of Fee.—The Committee, shall,

while determining the fee leviable by a Private School, in addition to

the factors specified in Sub-Section (1) of Section 20D of the Act, also

take into account, the following factors, namely :—

i. The location of the Private School ;

ii. The available infrastructure ;

iii. The expenditure on administration and maintenance ;

iv. The reasonable surplus required for the growth and develop-

ment of the Private School ;

v. Performance of the Private School ;

vi. Grant-in-aid received by the Private School ;

vii. Availability of modern technology and appliance thereof ;

viii. Any other fact as may be prescribed by the Committee.

ix. The locality of the Private School, namely, Rural area, Town

Panchayat, Municipality, District Headquarters, Corporation.

x. Strength of the students ;

xi. Classes of study ;

xii. Results of students achieved ;

xiii. Status of the Private School, as indicated below :—

a. Private Schools having minimum infrastructure facilities as

prescribed by the Government from time to time ;

b. Private Schools having infrastructure facilities more than

that prescribed—

i. Private Schools having more than the minimum require-

ment of the lab, a greater number of library books,

The J&K Official Gazette, the 10th May, 2022/20th Vai., 1944. [No. 5-g

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

classroom facilities, and other sanitary and drinking water

facilities or any other facility ;

ii. Private School having more than adequate classroom

facilities, lab facilities, library area, number of books, very

good sanitation facilities, highly protected drinking water

facilities, and other sanitary facilities together with a high

percentage of results ;

iii. Private Schools are fully equipped with modern facilities

like Air Conditioner/Centrally heating, smart classes or

any other facility.

8. Submission for Fixation, determination and regulation

fee.—

a. The Private School shall submit a proposal to the Committee

on the proforma as may be prescribed by the Committee. The

proposal for fixation, determination and regulation of fee for

next year shall be submitted three months before the next

academic year starts ;

b. The Private School shall pay such amount towards the

processing fee, as may be prescribed by Committee, along with

the proposal ;

c. The proposal shall contain all the requisite documents as

specified in the prescribed proforma including audited accounts

of last three years.

d. In case a Private School fails to submit a proposal within the

prescribed time limit or submits an incomplete proposal for

fixation, determination and regulation of the fee—

i. The Committee shall recommend to the appropriate

authority to bar the Private School from taking any new

admission for next academic year or to impose a five

equivalent to 10 percent of the total revenue generated by

the Private School/Society/Trust/Person of individual in the

preceding year, as applicable ;

No. 5-g] The J&K Official Gazette, the 10th May, 2022/20th Vai., 1944. 9

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

ii. In addition, the Committee may recommend to the

appropriate authority for taking the following actions :—

(a) to take over the Management of the Private School until

it submits a proposal and once the management of the

Private School has been taken over, the Government

shall appoint an Administrator not below the rank of

Sub-Divisional Magistrate as Administrative Head of

the Private School to ensure its smooth functioning at

the cost of School’s fund. During this period, no further

developmental/procurement/construction activities shall

be taken up in the Private School except activities

related to education and safety of children ;

(b) the appropriate authority may withdraw permission and

the recognition of the Private School as per the

procedure laid down ;

9. Maintenance of Accounts.—(1) Every Private School shall

keep separate accounts for different kinds of transactions, namely

fees collected, grants received, financial assistance received,

payments of salary to staff, purchase of machinery and equipment,

laboratory articles, library books, stationery and other expenditure

incurred.

(2) Every Private School shall keep the registers, accounts, and

records within the premises of the Private School. They shall be made

available at all reasonable times for inspection by an officer(s) as may

be nominated by the Chairperson.

(3) Accounts maintained by a Private School together with all

vouchers relating to various items or receipts and expenditure shall be

preserved by that Private School until the audit of accounts is over and

objection, if any, raised is settled.

(4) An officer of the Committee, authorized by the Committee

shall, at all reasonable times, have free access to the books, registers,

accounts, records, documents, securities, cash and other porperty

belonging to or in the custody of every Private School and may summon

any person in whose possession they are, to produce the same ;

10 The J&K Official Gazette, the 10th May, 2022/20th Vai., 1944. [No. 5-g

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

(5) An officer who has made inspection of any Private School

under Sub-Rule (4) above shall send a report with relevant records to

the Chairperson of the Committee within one week thereafter.

10. Submission of Returns.—(1) Every Private School shall

submit to the Committee an annual financial statement audited and

certified by a Chartered Accountant duly attested by the Principal/

Chairman of the School for the period ending with 31st of March of

every year, not later than the 1st day of July of every year or within

such further time as may be permitted by the Chairperson ;

(2) In addition to the returns referred to in Sub-Rule(1) above,

every Private School shall within such time, or within such extended

time, as may be fixed by the Chairperson furnish such returns, statistics

or other information that may be required, from time to time by him.

11. Sub-Committees.—(1) There shall be a District Committee

in every district, which shall consist of the Chief Education Officer of

the district as Chairperson and such other members as may be appointed

by the School Education Department ;

(2) The District Committee shall exercise such powers and

functions as may be prescribed by the Government.

12. Powers to be exercised by the Chairperson.—

(a) The parents may submit a written complaint to the

chairperson for non compliance of order of the

Committee ;

(b) The Chairperson may take suo-motu cognizance to

examine the compliance of the orders of the Committee ;

Chairperson shall examine the complaint and the

compliance of the order of the Committee as a whole,

within a period of fifteen days, after affording a

reasonable opportunity to the parties concerned ;

(d) If found guilty, the Chairperson shall issue directions to

the Private School Management to implement the fee-

determination orders of the Committee.

No. 5-g] The J&K Official Gazette, the 10th May, 2022/20th Vai., 1944. 11

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

Provided that the Chairperson may issue a single direction for one

or more complaints received against a single Private School within a

stipulated time of 15 days ;

In case a Private School is found charging excess money against

the fee-determination order, the Chairperson shall order the

Private School to refund the excess amount of fee charged from

to the Student/Parent within 30 days ;

On non-compliance of the order of the Committee/Chairperson,

the Chairperson shall impose a fine on Private School equivalent

to 1% of the total revenue generated in the preceding year for

the first time of non-compliance ; 3% for the second time of

non-compliance ; 5% for the third time of non-compliance ;

If the Private School continues to violate the order consecutively

three times, the Private School shall be put under the non-

admission category ;

If the Private School fails to comply with the orders of the

committee, he shall recommend the appropriate authority to take

over the Management of the school, However it shall be ratified

by the Committee in its next meeting within 15 days.

If the Private School fails to refund the amount as ordered by

the Committee/Chairperson or fails to pay fine as imposed, the

Committee/Chairperson shall order to recover the amount as an

arrear of land revenue by Tehsildar concerned (Revenue

Officer) and the amount so recovered shall be paid to such

persons as mentioned in the order and the amount of the penalty

to be deposited in the Government treasury in such manner as

may be ordered by the Chairperson.

13. Financial Powers.—The Committee shall have,—

i. a separate Major Account Head and same shall be operated

and maintained by Director School Education Kashmir and

Jammu within their respective provinces as an interim

arrangement till the Drawing and Disbursing powers are

granted to the Committee.

12 The J&K Official Gazette, the 10th May, 2022/20th Vai., 1944. [No. 5-g

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

ii. The Establishment and other expenses of the Committee

shall be borne by Director School Education Kashmir/

Jammu out of the Account Head of the Committee.

iii. The Committee shall submit a projected budget proposal to

the Government for budget allocation.

14. Headquarter.—The office of the Committee shall be located

at Jammu/Sringar and it shall work at place notified by the Government

annually.

15. Staff.—The Staff of the Committee shall consist of such

Officers and employees either by deputation or transfer or creation, as

may be required on the basis of the organisational pattern of the

Committee to be notified in regulations in consultation with the

appropriate Authority.

16. Redressal of grievances.—(1) Any Parent, Guardian, or

any other aggrieved person may file a complaint to the Chairperson

about charging of excessive and exorbitant fee by a Private School,

(2) The complaint so filed after receipt shall be diarized and dealt

with in accordance with the Act and these rules.

(3) The complaint shall be disposed of as early as possible

preferably within a period of 45 days.

17. Repeal and Savings.—(1) With the enforcement of these

rules, any rule or order which is inconsistent with the Act or these rules

shall be deemed to have been repealed and superseded ;

(2) Any order issued by the Government with regard to the

Committee or order passed by the Committee or Chairperson pursuant

to the draft rules shall be deemed to have been passed under the

provisions of these rules.

By order of the Government of the Jammu and Kashmir.

(Sd.) B. K. SINGH,

Principal Secretary to Government,

School Education Department.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 135] Jammu, Wed., the 11th May, 2022/21st Vai.,., 1944. [No. 5-k

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

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

as a separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 11th May, 2022.

S.O.-237.—Whereas, on 16-11-2021, a tip off was received by

Police Station, Sopore, regarding presence of the terrorists in Shalimar

Colony. Accordingly, a joint cordon and search operation was launched

by Police/Security Forces. During search, two persons while seeing the

search party tried to escape but were chased down on spot and

identified as Aasif Rashid War S/o Abdul Rashid War and Altaf Hussain

EXTRAORDINARY

REGD. NO. JK––33

The J&K Official Gazette, the 11th May, 2022/21st Vai., 1944. [ No. 5-k

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

Najar S/o Abdul Ahad Najar R’s/o Nutnusa, Kupwara. During their

personal search, Police recovered one hand grenade and two leaves of

Letter pad of banned LeT outfit respectively from their possession ; and

2. Whereas, based on the above, a case FIR No.275/2021 under

Sections 4 Explosive Substances Act 18, 20, 23, 38 ULA (P) Act, was

registered in Police Station, Sopore and investigation of the case was

set into motion. Subsequently, during investigation, Section 4 Explosive

Substances Act, Sections 20, 38 ULA (P) Act were dropped and Section

7/25 Arms Act and Section 39 ULA (P) Act were added in the

case ; and

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

of occurrence and seizure memos were prepared and statements of

witnesses acquainted with the facts and circumstances of the case were

recorded under the relevant provision of law ; and

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

accused viz Aasif Rashid War and Altaf Hussain Najar were working

as Over Ground Workers (OGWs) for the terrorists of LeT banned

outfit and were providing logistic support to them for carrying out the

terrorist activities in the area, besides, under well knit criminal

conspiracy, procured a hand grenade from an unknown person with

the directions to lob the same upon the Police/Security Forces in the

area ; and

5. Whereas, the investigation in respect of unknown person shall

continue to identity him and to bring out his role/involvement in the

area ; and ,

6. Whereas, on the basis of investigation, statements of witnesses

recorded and other evidence collected, the Investigating Officer has

established, prima facie , involvement of below mentioned accused

for the commission of offences punishable under sections as shown

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

Name of accused

Offence

No.

————————————————————————————

————————————————————————————–

Aasif Rashid War S/o Abdul Rashid

18, 23, 39 of

War R/o Nutnusa, Kupwara.

ULA (P) Act

Altaf Hussain Najar S/o Abdul Ahad

18, 39 of

Najar R/o Nutnusa, Kupwara.

ULA (P) Act

No. 5-k] The J&K Official Gazette, 11th May, 2022/21st Vai., 1944. 3

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

7. Whereas, the Authority appointed by the Government under

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967 has independently examined the Case Diary File and all

the other relevant documents relating to the case and has come to

the conclusion that a prima facie case is made out against the accused

; and

8. Whereas, after perusing the Case Diary File, the relevant

documents and also taking into consideration the views of the Authority

appointed under Sub-Section (2) of Section 45 of the Unlawful Activities

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

sufficient material and evidence available against the accused for their

prosecution under the provisions of law.

Now therefore, in exercise of powers conferred by Sub-Section

(2) of Section 45 of the Unlawful Activities (Prevention) Act, 1967,

the Government hereby accord sanction for launching prosecution

against the accused viz Aasif Rashid War and Altaf Hussain Najar

for the commission of offences punishable under the relevant sections

of the Unlawful Activities (Prevention) Act, 1967, indicated against each

at para (06) above, arising out of FIR No. 275/2021 of Police Station,

Sopore.

By order of the Government of Jammu and Kashmir.

(Sd.) R. K. GOYAL, IAS,

Financial Commissioner/

(Additional Chief Secretary),

Home Department.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 134] Jammu, Fri., the 13th May, 2022/23rd Vai., 1944. [No. 6-a

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

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

as a separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 13th May, 2022.

S.O.-239.—Whereas, on 17-11-2021, Police Station, Pulwama,

received a written docket to the effect that some terrorists were

roaming in the area. Subsequently, a joint Naka was established by

Police/Secuirty Forces at Chitripora Crossing Road. During checking

two persons on seeing the Naka Party tried to escape but were chased

down on the spot and identified as Amir Bashir Dar S/o Bashir Ahmad

EXTRAORDINARY

REGD. NO. JK––33

The J&K Official Gazette, the 13th May, 2022/23rd Vai., 1944. [ No. 6-a

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

Dar R/o Sirnoo, Pulwama and Mukhtar Ahmad Bhat S/o Ab. Jabar Bhat

R/o Mitri-Bugh, Shopian. During their personal search, a bag containing

02 boxes fitted with IEDs and a remote control was recovered from

them ; and

2. Whereas, based on the above, a case FIR No. 315/2021 under

Sections 307 IPC, 4 Explosive Substances Act and 18 ULA (P) Act,

was registered in Police Station, Pulwama and the investigation of the

case was set into motion. Subsequently, during the investigation Sections

20, 23 and 39 of ULA (P) Act were added in the case ; and

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

of the place of occurrence and seizure memos were prepared and the

statements of witnesses acquainted with the facts and circumstances

of the case were recorded under the relevant provisions of law ; and

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

accused viz Amir Bashir Dar and Mukhtar Ahmad Bhat were in contact

with the terrorists of JeM banned outfit particulary terrorist viz. Aitmad

Ahmad S/o Mohammad Yousuf Dar R/o Avind Rawalpora, Shopian and

were working as Over Ground Workers (OGWs) for them. The accused

under a well-knit criminal conspiracy procured the IEDs from the

terrorist viz Aitmad Ahmad Dar with the directions to install the

same in the area for carrying out the terror attack upon the Security

Forces in order to cause damage to the lives/property of the Security

Forces ; and

5. Whereas, the accused terrorist viz Aitmad Ahmad has been killed

in an encounter wih the Security Forces and proceedings under the law

would abate against him ; and

6. Whereas, on the basis of investigation, and other evidence

collected, the Investigating Officer has established, prima facie,

involvement of below mentioned accused in the commission of the

offences punishable under sections of the Unlawful Activities

(Prevention) Act, 1967, as shown against their name :—

S. No.

Name of the accused

Offence

————————————————————————————

Amir Bashir Dar S/o Bashir Ahmad

18, 23, 39

Dar R/o Sirnoo, Pulwama.

ULA (P) Act

Mukhtar Ahmad Bhat S/o Ab. Jabar

Bhat R/o Mitri-Bugh, Shopian.

No. 6-a ] The J&K Official Gazette, 13th May, 2022/23rd Vai., 1944. 3

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

7. Whereas, the Authority appointed by the Government under

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, has independently examined the Case Diary File and all the

other relevant documents relating to the case and has come to the

conclusion that a prima facie case is made out against the above

accused ; and

8. Whereas, after perusing the Case Diary File, the relevant

documents and also taking into consideration the views of the Authority

appointed under Sub-Section (2) of Section 45 of the Unlawful Activities

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

sufficient material and evidence available against the above mentioned

accused for their prosecution under the provisions of law .

Now, therefore, in exercise of the powers conferred by Sub-

Section (2) of Section 45 of the Unlawful Activities (Prevention) Act,

1967, the Government hereby accord sanction for launching prosecution

against the above accused viz. Amir Bashir Dar and Mukhtar Ahmad

Bhat for the commission of offences punishable under Sections 18, 23

and 39 of the Unlawful Activities (Prevention) Act, arising out of FIR

No. 315/2021 of Police Station, Pulwama.

By order of the Government of Jammu and Kashmir.

(Sd.) R. K. GOYAL, IAS,

Financial Commissioner,

(Additional Chief Secretary),

Home Department.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 135] Jammu, Fri., the 13th May, 2022/23rd Vai., 1944. [No. 6-b

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

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

as a separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 13th May, 2022.

S.O.-240.—Whereas, on 04-8-2021, Police Station, Anantnag,

received a written docket from the lncharge Police Post, Janglatmandi,

to the effect that he alongwith his escort Nafri were conducting

patrolling in the area. On reaching Shirpora Teeli Mohalla, a mob was

found protesting on the death anniversary of killed terrorists namely,

Burhan Wani and Yawar Nisar Wagay and some banners/photograph

EXTRAORDINARY

REGD. NO. JK––33

The J&K Official Gazette, 13th May, 2022/23rd Vai., 1944. [ No. 6-b

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

of the siain terrorists had also been pasted on the walls/electric poles.

The Police party tried to remove the said banners/photograph, but some

miscreants including Danish Ahmad Teli S/o Gh. Nabi Teli R/o Shirpora,

Mohd. Akbar Khan S/o Mohd Yousuf Khan R/o Malaknag and Saqib

Ahmad Wagay S/o Nisar Ahmad Wagay R/o Shirpora, raised

profreedom and anti-India slogans and prevented the Police Party from

performing their Lawful duties ; and

2. Whereas, based on the above, a Case FIR No. 353/2021 under

sections 353 IPC, 13 ULA (P) Act, came to be registered in the Police

Station, Anantnag and investigation of the case was taken up ; and

3. Whereas, during the course of investigigation, the site plan of

the place of occurrence and seizure memos were prepared and the

statement of witnesses acquainted with the facts and circumstances of

the case were recorded under the relevant provisions of the law ; and

4. Whereas, during the course of the accused viz. Danish Ahmad

Teli and Sameer Ahmad Khan @ Mohd Akbar Khan were arrested in

connection with the case, however, Saqib Ahmad Wagay was not found

involved in the case and was accordingly, dropped from the case ; and

5. Whereas, during the investigation, one more accused viz. Irfan

Mehraj Bhat S/o Mehraj-ud -Din Bhat R/o Shirpora A/p Watrigam,was

found involved in the commission of the offence and was subsequently,

arrested in connection with the case. During the course of the

investigation, it was established that on 04-8-2021, the accused viz.

Danish Nabi Teli, Sameer Ahamd Khan @ Mohd Akbar Khan and Irfan

Mehraj Bhat pasted the banners/photographs of the killed terrorists viz.

Burhan Wani and Yawar Nisar Wagay on the walls/electric poles of

Shirpora area, and also raised pro-freedom and anti-India slogans,

besides, attacked the Police Party and prevented them from performing

their lawful duties ; and

6. Whereas, on the basis of investigation, and other evidence

collected, the Investigating Officer has established, a prima facie,

involvement of below mentioned accused in the commission of the

offence punishable under section of the Unlawful Activities (Prevention)

Act, 1967, as shown against their name :—

S. No.

Name of the accused

Offence

————————————————————————————

Danish Nabi Teli S/o Gh. Nabi Teli

13 of

R/o Teli Mohalla, Shirpora.

ULA (P) Act

No. 6-b] The J&K Official Gazette, 13th May, 2022/23rd Vai., 1944. 3

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

2. Sameer Ahmad Khan @ Mohd Akbar

13 of

Khan S/o Mohammad Yousuf Khan

ULA (P) Act

R/o Malaknag.

Irfan Mehraj Bhat S/o Mehraj-ud-din

Bhat R/o Shirpora A/P Watrigam.

7. Whereas, the Authority, appointed by the Government under

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

Act, 1967, has independently examined the Case Diary File and all

the other relevant documents relating to the case and has come

to the conclusion that prima facie case is made out against the above

accused ; and

8. Whereas, after perusing the Case Diary File, the relevant

documents and also taking into consideration the views of the Authority

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

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

sufficient material and evidence available against the above mentioned

accused for their prosecution under the provision of law.

Now, therefore, in exercise of the powers conferred by sub-

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

1967, the Government hereby accord sanction for launching prosecution

against the accused viz. Danish Nabi Teli, Sameer Ahamd Khan @

Mohd Akbar Khan and Irfan Mehraj Bhat for the commission of offence

punishable under section 13 ULA (P) Act, arising out of FIR No. 353/

2021 of Police Station, Anantnag.

By order of the Government of Jammu and Kashmir.

(Sd.) R. K. GOYAL, IAS,

Financial Commissioner,

(Additional Chief Secretary),

Home Department.

————————————————————————————