Jammu and Kashmir Gazette, No. 18, 03 August 2023

REGD NO . JK-33

सत्यमेव जयते

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol . 136 ] Jammu , Thu. , the 3rd August , 2023/ 12th Srav . , 1945. [ No.18

CONTENTS

Vernacu- larpages

English Pages

164-172

PART I - A- Appointments , promotions , transfers and leave of absence sanctioned by the Governor , Government and the Ministers

287-292

PART I - B- Notifications , Communiques and General Orders by the Government and the Ministers

PART II - A- Appointments , promotions , transfers and leave of absence sanctioned by Heads of Departments ....

403-414

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 Judgements of Election Tribunal and

III- Laws, Regulations and Rules passed PART thereunder

PART IV- Reprints from the Government of India Gazette or Gazettes of others Governments ....

PART V- Information and Statistics

(a) Rates and prices in the State ....

(b) Rates and wages

(c) Crop Report and Forecasts

(d) Whether Observations

( e) Vital Statistics

SUPPLEMENT - A- Trade

Monthly Imports and Exports from

the State

SUPPLEMENT- B -Police

97-104

SUPPLEMENT- C- Advertisements

Printed at the Ranbir Government Press , Jammu .

164The J& K Official Gazette , the 3rd August, 2023/ 12th Srav . , 1945. [Νο . 18

PART I - A

Jammu and Kashmir Government- Orders

HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU

(Exercising powers of Bar Council under Section 58 of the Advocates

Act, 1961)

(Provisional Enrollment)

Notification

No. 1979 of 2022/RG/LP Dated 14-11-2022 .

It is hereby notified that vide High Court Order dated 09-11-2022 Mr. Shanif Khursheed S/ o Khursheed Ahmad Baba R/ o Sheeri , Sheerinabad , Tehsil and District Baramulla , Pincode 193101 has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of his Provisional/ LL.B . Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK - 722-2022 in the Roll of Advocates maintained by this Registry .

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

By order .

Notification

No. 1980 of 2022/RG /LP Dated 14-11-2022 .

It is hereby notified that vide High Court Order dated 09-11-2022 Ms. Simran D/ o Jujhar Singh R/o Q. No. 86 , Gurha Bakshi Nagar , Tehsil and District Jammu , Pincode 180001 has been admitted and No. 18 ] The J& K Official Gazette, the 3rd August , 2023 / 12th Srav . , 1945. 165

enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B . Degree Certificate from the concerned University and verification of her character and antecedents from CID . Her name has been entered under Serial No. JK - 723-2022 in the Roll of Advocates maintained by this Registry.

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

By order .

Notification

No. 1981 of 2022/RG/LP Dated 14-11-2022 .

It is hereby notified that vide High Court Order dated 09-11-2022 Mr. Shoaib Aziz S/ o Abdul Aziz Gojree R/ o Khawaja Bagh , Qaleem Mohalla , Tehsil and District Baramulla, Pincode 193101 has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of his Provisional / LL.B . Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK- 724-2022 in the Roll of Advocates maintained by this Registry.

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

By order .

Notification

No. 1982 of 2022/RG /LP Dated 14-11-2022 .

It is hereby notified that vide High Court Order dated 09-11-2022 Mr. Sadam Hussain S/ o Abdul Gani Khakmat R/ o Bhimdassa , Tehsil Gool , District Ramban , Pincode 182144 has been admitted and enrolled 166The J & K Official Gazette , the 3rd August , 2023/ 12th Srav . , 1945. [No. 18

as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of his Provisional/LL.B . Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK - 725-2022 in the Roll of Advocates maintained by this Registry.

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

By order .

Notification

No. 1983 of 2022/RG/LP Dated 14-11-2022 .

It is hereby notified that vide High Court Order dated 09-11-2022 Ms. Sonika Sharma D/o Ashok Kumar R/ o Baja Bain , Kul Dabbi , Tehsil Beri Pattan , District Rajouri , Pincode 185156 has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/ LL.B . Degree Certificate from the concerned University and verification of her character and antecedents from CID . Her name has been entered under Serial No. JK- 726-2022 in the Roll of Advocates maintained by this Registry.

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

By order .

Notification

No. 1984 of 2022/RG /LP Dated 14-11-2022 .

It is hereby notified that vide High Court Order dated 09-11-2022 Mr. Sahil Kumar S/ o Ashok Kumar R/ o Village Cheka , Tehsil Bhalla , District Doda , Pincde 182222 has been admitted and enrolled as an No. 18 ] The J& K Official Gazette, the 3rd August , 2023 / 12th Srav . , 1945. 167

Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of his Provisional/LL.B . Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK - 727-2022 in the Roll of Advocates maintained by this Registry .

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

By order .

Notification

No. 1985 of 2022/RG/LP Dated 14-11-2022 .

It is hereby notified that vide High Court Order dated 09-11-2022 Mr. Sadam Hussain Bhat S/ o Mohd. Hussain Bhat R/ o Aloosa Bandipora , Bhat Mohalla , District Bandipora has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B . Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK- 728-2022 in the Roll of Advocates maintained by this Registry.

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

By order .

Notification

No. 1986 of 2022/RG /LP Dated 14-11-2022 .

It is hereby notified that vide High Court Order dated 09-11-2022 Mr. Saket Rathore S/ o Sudershan Rathore R/ o Sarol Bagh , P. O. Udrana , Tehsil Bhaderwah , District Doda A/P 405 , Lane No. 5 , Suraksha Vihar , Top Paloora , Jammu , Pincode 181121 has been 168The J & K Official Gazette , the 3rd August , 2023/ 12th Srav . , 1945. [No. 18 admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of his Provisional / LL.B . Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK- 729-2022 in the Roll of Advocates maintained by this Registry .

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

By order .

Notification

No. 1987 of 2022 /RG /LP Dated 14-11-2022 .

It is hereby notified that vide High Court Order dated 09-11-2022 Mr. Sahil Sharma S/ o Mulkh Raj Sharma R/ o Kanah , Dalsar , Tehsil Ramnagar Udhampur , Pincode 182101 has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of his Provisional/LL.B . Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK - 730-2022 in the Roll of Advocates maintained by this Registry .

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

By order .

Notification

No. 1988 of 2022/RG/LP Dated 14-11-2022 .

It is hereby notified that vide High Court Order dated 09-11-2022 No. 18 ] The J& K Official Gazette, the 3rd August , 2023 / 12th Srav . , 1945. 169

Mr. Sahil Sharma S/ o Sohan Lal Sharma R / o House No. 7 , Ward No. 6 , Tareen Mehari , Tehsil Katra , District Reasi , Pincode 182301 has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B . Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK - 731-2022 in the Roll of Advocates maintained by this Registry .

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

By order .

Notification

No. 1989 of 2022/RG/LP Dated 14-11-2022 .

It is hereby notified that vide High Court Order dated 09-11-2022 Ms. Sadia Ishaq D/ o Mohd. Ishaq Malik R/ o Ward No. 1 , Beruni Batote , Tehsil District Ramban A/P Malik Market , Umar Colony Narwal , Jammu , Pincode 180011 has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of her Provisional/LL.B . Degree Certificate from the concerned University and verification of her character and antecedents from CID . Her name has been entered under Serial No. JK - 732-2022 in the Roll of Advocates maintained by this Registry .

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

By order .

170The J & K Official Gazette , the 3rd August , 2023/ 12th Srav . , 1945. [No. 18

Notification

No. 1990 of 2022 /RG /LP Dated 14-11-2022 .

It is hereby notified that vide High Court Order dated 09-11-2022 Mr. Saqib Javeed S/ o Javeed Ahmed Khan R/ o Khan Pora , Pogal Paristan , District Ramban , A/P Govindpora , Maitra , Ramban , Pincode 182144 has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of his Provisional/LL.B . Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK- 733-2022 in the Roll of Advocates maintained by this Registry .

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

By order .

(Sd . ) MOHAMMAD YASIN BEIGH ,

Registrar ( Adm.) .

HIGH COURT OF JAMMU AND KASHMIR AND LADAKΗ

(Office of the Registrar General Camp at Srinagar)

Subject : Summer Vacations .

Notification

No. 671 of 2023/RG/NG Dated 11-04-2023 .

It is notified for the information of all concerned that the Subordinate Courts falling in summer zone of Jammu province in UT of Jammu and Kashmir , excluding the Courts located in District Kishtwar , District Doda and also the Courts at Batote , Gool , Banihal and Ukhral in District Ramban and Bani in District Kathua , shall abserve 15 days summer vacations w . e . f. 19-06-2023 to 03-07-2023 (both days inclusive) .

No. 18 ] + J & K Official G

3rd August, 2023/ 12th Srav . , 1945. 171

The Prircipal District and Sessions Judges , and Chief Judicial Magistrates of all the concerned Districts shall make suitable arrangements for disposal of urgent criminal business arising during the period of such vacation in the areas within their respective jurisdictions .

By order .

(Sd . ) SHAHZAD AZEEM,

Registrar General .

HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

(Office of the Registrar General Camp at Jammu)

Notification

No. 384 of 2023 /RG Dated 15-02-2023 .

In pursuance of the Government of India, Ministry of Law and Justice ( Department of Justice) , New Delhi's Notification No. K. 13021 / 02/2022- US.II dated 12th February , 2023 , Hon'ble Shri Justice Nongmeikapan Kotiswar Singh took oath of the office as Chief Justice of the High Court of Jammu and Kashmir and Ladakh , today on 15th of February , 2023 at 04:30 Р. М.

(Sd . ) SHAHZAD AZEEM ,

Registrar General .

HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

(Office of the Registrar General at Jammu )

Order

No. 480 of 2023 /RG/NG Dated 06-04-2023 .

The Annual Calender of High Court for the year , 2023 , which has been rescheduled in terms of High Court Order No. 442 of 2023 /RG dated 29-03-2023 , to the extent that the summer vacations shall be 172The J & K Official Gazette , the 3rd August , 2023/ 12th Srav . , 1945. [No. 18

abserved from 19-06-2023 to 07-07-2023 ( both days inclusive) instead of 12th June , 2023 to 30th June, 2023 in the High Court of Jammu and Kashmir and Ladakh , as a result number of working days have risen to 211 days .

In order to being it par with the 210 working days , it is hereby ordered that 20th May ( Saturday) , 2023 is declared as non- sitting day for the Hon'ble Court .

By order .

(Sd. ) SHAHZAD AZEEM,

Registrar General .

सत्यमेव जयते

THE

JAMMUAND KASHMIR OFFICIALGAZETTE

Vol . 136] Jammu, Thu. , the 3rd Aug. , 2023 / 12th Srav . , 1945. [ No. 18

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

PART I- B

Jammu and Kashmir Government -Notifications .

GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT - GENERAL ADMINISTRATION DEPARTMENT , SRINAGAR .

Subject : Grant of Lieutenant Governor's Award for Honesty , Integrity and Meritorious Public Service- inviting of nominations for the year, 2023 .

Notification

Srinagar , the 15th of June , 2023 .

Vide Government Order No. 860 - GAD of 2006 dated 12-07-2006 read with Governemt Order No. 742 - JK ( GAD ) of 2020 dated 31- 07-2020 and Government Order No. 625 - JK ( GAD ) of 2023 dated 288 The J & K Official Gazette , 3rd Aug. , 2023 / 12th Srav . , 1945. [No. 18

26-05-2023 , the procedure for conferment " Lieutenant Governor's Award forHonesty , Integrity and Meritorious Public Service " in the Union Territory of Jammu and Kashmir has been notified .

The award under the scheme are announced annually on the eve of Independence Day , after scrutiny of the nominations received from the concerned quarters . It is , therefore , enjoined upon all the Administrative Secretaries to furnish nominations for the " Lieutenant Governor's Award for Honesty , Integrity and Meritorious Public Service " by or before 10th July , 2023 alongwith the following details of the nominated Government employee (s ) within the aforementioned stipulated time :

a. Biodata inter alia containing all the details including contact number ( s ) , e - mail address etc.

b . Summary of achivements .

The departmental nominations should be accompanied by the bio- data (duly authenticated) and other documents prescribed for the purpose .

( Sd . ) SANJEEV VERMA , IAS ,

Commissioner/ Secretary to the Government .

GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT -GENERAL ADMINISTRATION DEPARTMENT , J & K .

Subject : Postponement of holiday on account of ' Urs Shah- Farid-Ud- Din Sahib " in District Kishtwar .

Government Order No. 715 - JK ( GAD) of 2023

Dated 19-06-2023 .

In partial modification of Government Order No. 1596 - JK( GAD ) of 2022 dated 30-12-2022 , it is hereby ordered that the Local Holiday on account No. 18 ] J& K Official Gazette , 3rd Aug. , 2023/ 12th Srav . , 1945. 289 of Urs Shah Farid- Ud - Din Sahib (Kishtwar District only) shall now be observed on 21st of June , 2023 ( Wednesday) instead of 20th June , 2023 (Tuesday) .

By order of the Lieutenant Governor .

( Sd . ) SANJEEV VERMA , IAS ,

Commissioner/ Secretary to the Government .

GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT - GENERAL ADMINISTRATION DEPARTMENT , SRINAGAR .

Subject : Grant of Lieutenant Governor's Award for Honesty, Integrity and Meritorious Public Service - inviting of nominations for the year, 2023 .

Notification

Srinagar , the 15th of June , 2023 .

Vide Government Order No. 860 - GAD of 2006 dated 12-07-2006 read with Government Order No. 742 - JK ( GAD ) of 2020 dated 31- 07-2020 and Government Order No. 625 - JK ( GAD) of 2023 dated 26-05- 2023 , the procedure for conferment is " Lieutenant Governor's Award for Honesty, Integrity and Meritorious Public Service " in the Union Territory of Jammu and Kashmir has been notified .

The award under the scheme are announced annually on the eve of Independence Day , after scrutiny of the nominations received from the concerned quarters . It is , therefore, enjoined upon all the Administrative Secretaries to furnish nominations for the " Lieutenant Governor's Award for Honesty , Integrity and Meritorious Public Service " by or before 290 The J& K Official Gazette , 3rd Aug. , 2023 / 12th Srav . , 1945. [No. 18

10th July , 2023 alongwith the following details of the nominated Government employee ( s ) within the aforementioned stipulated time :

a . Biodata inter alia containing all the details including contact number( s ) , e - mail address etc.

b . Summary of achivements .

The departmental nominations should be accompanied by the biodata ( duly authenticated) and other documents prescribed for the purpose .

By order of the Lieutenant Governor .

( Sd . ) SANJEEV VERMA , IAS ,

Commissioner/ Secretary to the Government .

GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT-GENERAL ADMINISTRATION DEPARTMENT , SRINAGAR .

Subject : Lieutenant Governor's Award for Honesty , Integrity and Meritorious Public Service- reg .

Government Order No. 742 - JK ( GAD ) of 2020

Dated 31-07-2020 .

It is hereby ordered that the words " Chief Minister's Gold Medal for Honesty , Integrity and Meritorious Public Service " wherever appearing in the Government Order No. 860- GAD of 2006 dated 18-06-2006 , as amended from time to time shall henceforth be read as " Lieutenant Governor's Award for Honesty , Integrity and Meritorious Public Service " .

By order of the Lieutenant Governor .

(Sd . ) MALIK SUHAIL ,

Deputy Secretary to the Government .

No. 18 ] J& K Official Gazette, 3rd Aug. , 2023 /12th Srav . , 1945. 291

GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT - GENERAL ADMINISTRATION DEPARTMENT , J & K .

Subject : " Jammu and Kashmir Government Awards " and Hon'ble Lieutenant Governor's Award for Honesty , Integrity and Meritorious Public Service " Reg .

Government Order No. 625 - JK ( GAD) of 2023

Dated 26-05-2023 .

In partial modification of orders notifying details of the " Jammu and Kashmir Government Awards " and Hon'ble Lieutenant Governor's Award for Honesty , Integrity and Meritorious Public Service " announced on eve ofRepublic Day ( 26th January ) and Independence Day ( 15th August ) each year , respectively , it is hereby ordered that these awards shall now comprise of the following :

Jammu and Kashmir Government Awards

(i) Cash prize of Rs . 51000 and

1. Jammu and Kashmir Government Award for Bravery

(ii) Citation.

(however , where a person dies during the act of outstanding bravery , cash award of Rs . 1.00 Lakh shall be given) .

(i) Cash prize of Rs . 51000 and

(ii) Citation.

2. Jammu and Kashmir Government Award for Meritorious Public Service

(two awards shall be reserved for Non - Gazetted Official) .

( i) Cash prize of Rs . 51000 and

(ii) Citation

3. Jammu and Kashmir Government Award for Achivements in the field of Literature .

(i) Cash prize of Rs . 51000 and

(ii ) Citation

4. Jammu and Kashmir Government Award for Life Time Achivement in any other field .

292 The J & K Official Gazette , 3rd Aug. , 2023 / 12th Srav . , 1945. [No. 18

(i) Cash prize of Rs . 51000 and

(ii) Citation

5. Jammu and Kashmir Government Award for Performing Arts .

(i ) Cash prize of Rs . 51000 and

(ii) Citation

6. Jammu and Kashmir Government Award for Excellence in Art and Craft.

(i ) Cash prize of Rs . 51000 and

(ii) Citation

7. Jammu and Kashmir Government Award for Social Reforms and Empowerment .

(i ) Cash prize of Rs . 51000 and

(ii) Citation

8. Jammu and Kashmir Government Award for outstanding sports Persons .

( i) Cash prize of Rs . 51000 and

9. Jammu and Kashmir Government Award for Media Persons .

(ii) Citation

(i) Cash prize of Rs . 51000 and

10. Jammu and Kashmir Government Award for Environmentalists .

(ii) Citation

( i ) Cash prize of Rs . 51000 and

(ii) Citation

11. Jammu and Kashmir Government Award for Industrial Enter- preneurship

Hon'ble Lieutenant Governor's Award for Honesty , Integrity and Meritorious Public Service .

(i) Cash prize of Rs . 51000 and

( ii) Citation

1. " Hon'ble Lieutenant Governor's Award for Honesty, Integrity and Meritorious Public Service" .

It is further ordered that the instant policy shall also cover all those awards which have been announced on the eve of previous Republic Day(s)/ Independence Day( s) , but have not yet been conferred till date .

By order of the Lieutenant Governor .

( Sd . ) SANJEEV VERMA, IAS , Commissioner /Secretary to the Government .

सत्यमेव जयते

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol . 136] Jammu , Thu. , the 3rd August , 2023/12th Srav . , 1945. [ No. 18

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

PART II- B

Notifications , Notices and Orders by the Heads of Departments .

GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECERETARIAT - FINANCE DEPARTMENT ( CODES DIVISION) JAMMU / SRINAGAR

Subject :-Payment of Dearness Allowance to Government Pensioners / Family Pensioners continuing to draw their Pension/Family Pension as per 6th Pay Commission revised rate effective from 01-01-2023 .

Reference :- General Administration Department's UO No. GAD- CORD/ 113 /2021-09 dated 29-05-2023 .

Government Order No. 118 - F of 2023

Dated 07-06-2023 .

In continuation to Government Order No. 24-F of 2023 dated 06- 02-2023 , it is hereby ordered that Government Pensioners /Family Pensioners continuing to draw their Pension/Family as per 6th Pay Commission , shall be paid Dearness Allowance as under :

With effect from

Revised Rate of DA

Existing Rate of DA

01-01-2023

221 % of Basic

Pension/Family Pension

212% of Basic Pension/Family Pension [No. 18

404 The J& K Official Gazette , 3rd August , 2023/12th Srav. , 1945.

i. The payment of Dearness Allowance involving a fraction of 50 paisa and above shall be rounded to the next higher rupee and the fraction of less than 50 paisa shall be ignored .

ii . The arrears on account of additional installment of DA from January , 2023 shall be paid in cash in June , 2023 and shall form part of the monthly pension/family pension from June , 2023 onwards .

By order of the Lieutenant Governor .

(Sd . ) S. L. PANDITA

Director General ( Codes ) ,

Finance Department

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT - FINANCE DEPARTMENT

JAMMU/ SRINAGAR

Subject : Conduct of one- day workshop on " Transformation and Reforms in Financial Management at Convention Center , Srinagar on 3rd of May , 2023 .

Finance Department is going to organize one - day workshop on 'Transformation and Reforms in Financial Management for all the officers of Finance Department at Convention Center , Srinagar on 3rd ofMay , 2023 at 10.30 . A.M. wherein worthy Chief Secretary, Jammu and Kashmir will be the Chief Guest and shall grace the occasion with his august presence . The following officers are requested to kindly make it convenient to attend the workshop :

1) All Director General( s ) of Finance and Planning Departments .

2) All Director( s) Finance in Administrative Departments .

3) Director General Expenditure Division Ist .

4) All FA & CAOs in Administrative Departments .

5) All FAS /CAOs / Accounts Officers posted with HoD's / DDCs .

6) All District Treasury Officers /Treasury Officers .

No. 18 ] The J& K Official Gazette, 3rd August, 2023/ 12th Srav . , 1945. 405

The workshop shall be conducted for whole day as per the detailed schedule indicated at Annexure - I enclosed . The focus of the workshop shall be to apprise the participants about the priorities of the Government and implementation of its schemes through digital platforms for better outcomes at the field level .

( Sd. ) SHAFAAT YEHYA

Joint Director (Budget) Finance Department .

[No. 18

406 The J& K Official Gazette , 3rd August , 2023/12th Srav. , 1945.

Annexure - I

Registration of Participants

Opening Session (10.30 AM to 11.00 AM)

Worthy Chief Secretary , J & K

Arrival of Chief Guest (11.00 AM)

Director General Budget

Welcome Address ( 11.00 to 11.10 AM)

Address by Chief Guest (11.10 AM to 11.20 AM)

Session - I ( 11.20 AM 12.00 Noon)

Role of GST as a fulcrum of J& K's Own Tax Revenues- Need for compliance and coordination by Finance Officers

Session - II ( 12.00 Noon 12.30 PM)

People's participation through EMPOWERMENT/ JANBHAGIDARI

Session - III ( 12.30 PM - 1.00 PM) E-Audit and Performance auditing.

PFMS and CNA/ SNA Module

Session - IV ( 2.00 PM -2.30 PM)

Introduction of IT in GP Fund

Session -V (2.30 PM -3.00 PM)

Session -VI ( 3.00 PM -3.30 PM) Co - relation between Finance and Investigations

Session -VII (3.30 PM -4.00 PM) Digital Payments and DBT . Closing Session

Valedictory (4.00 PM onwards ) No. 18 ] The J& K Official Gazette , 3rd August, 2023 / 12th Srav . , 1945. 407

GOVERNMENT OF UT OF JAMMU AND KASHMIR , OFFICE OF THE DEPUTY COMMISSIONER , PULWAMA

Subject : Acquisition of land measuring 04 Kanals 15 Marlas required for construction of Government HS School at Bathen Tehsil Pampore District Pulwama regarding issuance of Declaration under Section 19 .

Notification No. 01 of Rev/LA of 2023

Dated 04-07-2023 .

Whereas , it appears to the District Collector ( Appropriate Government) that a land quantum of 04 Kanals 15 Marlas only is required at Village Bathen Tehsil Pampore District Pulwama for public purpose namely , Acquistion of land for construction of Government High School at Village Bathen Tehsil Pampore .

Whereas , Collector Land Acquisition (Additional Deputy Commissioner) Awantipora issued preliminary notification under section 11 ( 1 ) of the New Central Act, 2013 vide No. 09 of 2022 dated 4-7-2022 for calling objections if any, from the interested persons /land owners which stands published in the Government Gazette on 11th August 2022 and two daily newspapers .

Whereas , in response to the said notification, no objection stands received by the concerned Collector with regard to the area and suitability of the land proposed to be acquired within the stipulated time .

Whereas , as per the S.O 17 dated 14-01-2022 , in exercise of the powers conferred by provision to clause (e) of Section 3 of the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act , 2013 (30 of 2013 ) , the Government of Jammu and Kashmir whereby designated Deputy Commissioner/District Collector of each District of Union Territory of Jammu and Kashmir as " Appropriate Government ' within their respective jurisdictions for acquiring land for public purpose under the said Act for an area not exceeding 400 Kanals (50 Acres ) .

Whereas , in accordance with S.O. 17 , the Collector Land Acquisition (Additional Deputy Commissioner) Awantipora has submitted the instant acquisition case vide his communition No. ADC/ AWP/LA/ 22-23 /397-401 dated 07-11-2022 and resubmitted vide His No. ADC/ AWP/LA/22-23/572 dated 16-03-2023 for the issuance of declaration under Section 19 of the New Central Act , 2013 .

[No. 18

408 The J& K Official Gazette , 3rd August , 2023/12th Srav. , 1945.

Whereas , considering the report made by the Collector Land Acquisition (Additional Deputy Commissioner) Awantipora that the said land is required for the public purpose , Notification under Section 19 ( 1 ) is to be issued .

Now , therefore , it is hereby declared under the provisions of Section 19 ( 1 ) of the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act , 2013 , that the land measuring 04 Kanals 15 Marlas only is required for public purpose namely "Acquisition of land for construction of Government HS School at Bathen Tehsil Pampore " . The land statement and plan can be inspected in the office ofCollector Land Acquisition (Additional Deputy Commissioner) Awantipora and Tehsildar concerned .

( Sd . ) DR . BASHARAT QAYOOM , IAS ,

District Collector , Pulwama.

GOVERNMENT OF JAMMU AND KASHMIR OFFICE OF THE DISTRICT MAGISTRATE , JAMMU , WAZARAT ROAD , JAMMU - 180001

ORDER

Whereas , vide Govt . Order No. 61 - JK ( APD ) of 2023 dated 08-01- 2023 issued by Financial Commissioner ( Additional Chief Secretary) Agriculture Production Department has declared whole Union Territory of J& K as " Free Area " for Lumpy Skin Disease and the ban on Inter District and Intra District Movement of Bovine Animals has been lifted in All District of Union Territory of J & K with immediate effect ;

Whereas , Prevention of Cruelty to Animals Act , 1960 read with Transpot of Animals Welfare Rules , 1978 ; Transport of Animals Onfoot (Amendment ) Rules , 2001 requires to take all preventive measures as per the provisions of Acts and Rules referred above for implementation of animal welfare laws and to take stringent action against the offenders violating animal welfare laws .

Whereas , sentiments of one particular community are attached with the Bovine animlas especially cow which is treated as sacred animal by one particular community ;

No. 18 ] The J& K Official Gazette , 3rd August , 2023 / 12th Srav . , 1945. 409

Whereas , it is necessary to take some preventive measures to avoid such law and order problem in future ; and

Now , therefore , I Avny Lavasa, IAS , District Magistrate Jammu in exercise of the powers vested in me under Section 144 Cr . PC. hereby directed that no Bovine animals such as Cow , Buffalo , Oxen , Bulls , Calves etc. be transported from District Jammu to other Districts , except with written permission from undersigned or Additional District Magistrate , Jammu under certain conditions imposed by this office , from time to time .

This order shall come into force with an immediate effect and shall remain in force for a period of two months from date of its issue or till the order is rescinded whichever be earlier .

( Sd. ) AVNY LAVASA , IAS ,

District Magistrate , Jammu.

NOTIFICATION

I , have appeared in Class SSE ( 10th) 13123639 Session Annual 2022 under Respectively through the CBSE Board of School Education . Due to the error committed by the concerned School My father's Name has been mentioned as Sanjeev Kumar Angral instead of Sanjeev Kumar . Now , I have applied for correction/ rectification of error in the CBSE Board . This is published for the information of the General Public .

Name : Veer Angral

Father's Name : Sanjeev Kumar

Sanjeev Kumar Angral to Sanjeev Kumar

Mother's Name : Kirti Angral

Address : H. No. 01 , Ward No. 3 , Bari Brahmana ,

Tehsil Bari Brahmana , District Jammu .

It is certified that I have complied with other legal requirements in this connection .

Notification

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 shall remain solely responsible for the legal consequences and also for any other misrepresentation etc.

By order .

General Manager , Ranbir Govt . Press , Jammu .

[No. 18

410 The J & K Official Gazette , 3rd August , 2023/12th Srav. , 1945.

NOTIFICATION

I , Mahima Mahajan ( old name) daughter of Siddharath Mahajan R/ o 657 / A, Gandhi Nagar , Jammu have changed my name from Mahima Mahajan ( old name) to Mannat Mahajan (new name) . I do hereby assume from this date the name/surname Mannat Mahajan (New Name) .

It is certified that I have complied with other legal requirements in this connection .

Notification

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 shall remain solely responsible for the legal consequences and also for any other misrepresentation etc.

By order.

General Manager , Ranbir Govt . Press , Jammu .

NOTIFICATION

I , have appeared in Class SSE ( 10th) 24587 Session April -May 1987 under respectively through the Jammu and Kashmir Board of School Education . Due to the error committed by the concerned School my name has been written as Rakesh instead of Rakesh Kumar and also my father's name Gurdas instead of Gurdass Ram. Now, I have applied for correction/rectification of error in the Jammu and Kashmir Board of School Education , Rehari Colony , Jammu .

Name : Rakesh Kumar ( Rakesh to Rakesh Kumar )

Father's Name : Gurdass Ram (Gurdas to Gurdass Ram)

Mother's Name : Shakuntla Devi

Address : Vishav Bharti Colony, Lower Muthi ,

Jammu .

It is certified that I have complied with other legal requirements in this connection .

No. 18 ] The J& K Official Gazette, 3rd August, 2023/ 12th Srav . , 1945. 411

Notification

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 shall remain solely responsible for the legal consequences and also for any other misrepresentation etc.

By order .

General Manager ,

Ranbir Govt . Press , Jammu .

NOTIFICATION

I , Rakesh Kumar F / o Sarthik Isher and mother's name Anita Isher state that my name has been wrongly written as Rakesh Isher instead of Rakesh Kumar of my son's documents studying in 4th class K.V. No. 1 , Gandhi Nagar , Jammu under Roll No. 39. Now I am applying for correction of the same .

Rakesh Kumar

F/ o Sarthik Isher

Mother's Name Anita Isher

It is certified that I have complied with other legal requirements in this connection .

Notification

By order.

General Manager ,

Ranbir Govt . Press , Jammu .

[No. 18

412 The J& K Official Gazette , 3rd August , 2023/12th Srav. , 1945.

NOTIFICATION

I , Rabinder Kumar S/ o Ram Lal R/ o Village Bhour Camp , Tehsil and District Jammu state my wife's name and date of birth is wrongly written as Chandan Khajuria and date of birth is 15-05-1959 in my service record . I have correction Chandan Khajuria instead of Lalita Devi which is correct and date of birth is 15-05-1959 instead of 18-08- 1959 which is correct .

It is certified that I have complied with other legal requirements in this connection .

Notification

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 shall remain solely responsible for the legal consequences and also for any other misrepresentation etc.

By order.

General Manager ,

Ranbir Govt . Press , Jammu .

NOTIFICATION

I , Aashiq Hussain Khatana S/ o Ishtiyaq Ahmad Khatana R/ o Diwra Sidhra Near CRPF Camp, Jammu - 180019 state that my name has wrongly been written as Aashiq Ali Khatana instead of correct name Aashiq Hussain Khatana in my Ration Card bearing No. 004696 , D Form No. 000127. Now , I am applying for correction of the same.

It is certified that I have complied with other legal requirements in this connection .

Notification

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 shall remain solely responsible for the legal consequences and also for any other misrepresentation etc.

By order .

General Manager ,

Ranbir Govt . Press , Jammu .

NOTIFICATION

I , Sharafat Hussain Khatana S / o Ishtiyaq Ahmad Khatana R/ o Diwra Sidhra Near CRPF Camp , Jammu- 180019 state that my name No. 18 ] The J& K Official Gazette, 3rd August, 2023/ 12th Srav . , 1945. 413

has wrongly been written as Sharafat Ali Khatana instead of correct name Sharafat Hussain Khatana in my Ration Card bearing No. 004696 , D Form No. 000127. Now, I am applying for correction of the same .

It is certified that I have complied with other legal requirements in this connection .

Notification

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 shall remain solely responsible for the legal consequences and also for any other misrepresentation etc.

By order .

General Manager ,

Ranbir Govt . Press , Jammu .

NOTIFICATION

I , Shashi Kant S/o . Sh . Ishwar Datt Bhardwaj presently posted as Assistant Soil Conservation Officer , CAD Sarore , Rakh Dhyansar , am applying for insertion of surname Sharma with my name , which now would be read as Shashi Kant Sharma for official purpose .

It is certified that I have complied with other legal requirements in this connection .

Notification

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 shall remain solely responsible for the legal consequences and also for any other misrepresentation etc.

By order.

General Manager ,

Ranbir Govt . Press , Jammu .

NOTIFICATION

I , No. 8027385K Nk ( TS) Neter Chand ( Retd .) approached this office and stated that indl was enrolled in Army on 27 March 1980 and disch on 31 March 1997. After being retired from Army , the indl was re- enrolled in DSC on 27 July 2001 and disch on 31 March 2017 .

[No. 18

414 The J& K Official Gazette , 3rd August , 2023/12th Srav. , 1945.

Now , it has been noticed/found from PPO No. S/011528 /97 ( Army) (copy att . ) , issued from Army side that name of the indl has erroneously endorsed as Netar Chand instead of Neter Chand. However , the same has correctly been endorsed in disch book (Army ) , ECHS Card and DSC records . Moreover , all civ. documents like Aadhaar , PAN Card etc. have also been prepared on name of Neter Chand ( all document , issued from Army side and DSC side are encl herewith ) , Now, the deponent has applied for necessary correction in the name .

It is certified that I have complied with other legal requirements in this connection .

Notification

By order .

General Manager ,

Ranbir Govt . Press , Jammu .

NOTIFICATION

Mistakenly in my passport bearing No. K6925045 my name has been wrongly mentioned as Daisy while my correct name is Tasleema and my spouse name has been mentioned as Abdul Hamid Mir whereas his acctual name is Abdul Hameed Mir . Now I have applied for the correction of the same .

Tasleema

Spouse Name : Abdul Hameed Mir

It is certified that I have complied with other legal requirements in this connection .

Notification

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 shall remain solely responsible for the legal consequences and also for any other misrepresentation etc.

By order.

General Manager , Ranbir Govt . Press , Jammu .

ضمیمهج

رجسٹرڈنمبرجےکے۔33

सत्यमेव जयते

جموںوکشمیرسرکاریگزٹ

جلدنمبر136-جموں۔مورخہ03اگست2023ءبمطابق12ساون1945۔ویروارنمبر18

اشتہارات

ازعدالتچیفجوڈیشلمجسٹریٹسانبہ

سرکاریوٹیجموںوکشمیربنامآصفحسینوغیرہ

مثلنمبر2Challa/2003متدائرہ2012-12-26 علتنمبر79سال2012ءتھانہپولیسبڑیبراہمناں جرائمزیردفعات1325 147,148,323,324,325

وارنٹگشتیعام

حکمبناماہلکارانپولیسیوٹیجموںوکشمیر مقدمہمندرجہعنوانالصدرمیںملزم(1)محمدرفیقولدعبدالمجید ساکنہبڑیبراہمناںوارڈنمبر6مکاننمبر131تحصیلوضلعسانبه 98۔جموںوکشمیرسرکاریگزٹنمبر18مورخہ03اگست2023ءبمطابق12ساون1945ضمیمہج (2)اجےاتریولدسرداریاهلساکنهداتاتالاببڑیبراہمناںتحصیلوضلع

سانبہبعدارتکابمجرمروپوشہوچکاہےتلاشکنندہکااظہارہےکہملزمان مذکورکیدستیابیسردستناممکنہے۔اظہارکیتائیدمیںتلاشکنندہکابیان بھیقلمبندکیاگیابعدملاحظہعدالتہذاکواطمینانہواکہملزممذکورکیسردست دستیابیناممکنہے۔

لہذاملزمانمذکورکےخلافکاروائیزیردفعہ512ضفبعمللائی جاکراہلکارانپولیسیوٹیجموںوکشمیرکوحکمواختیاردیاجاتاہےکہملزمانمذکوراندر حدودیوٹیجموںوکشمیرجہاںکہیںاورجبکبھیبھیدستیابہوکوگرفتارکرکے عدالتہذامیںپیشکریں۔وارنٹگشتیعاممجریهتادستیابیملزمانمذکور زیرکاررہیںگے۔اسبارہمیںتاکیدجانو۔

آجمورخہ06اپریل2023بهدستخطراقمومہرعدالتہذاسےجاریہوا۔

دستخط:چیفجوڈیشلمجسٹریٹسانبہ۔

ازعدالتایڈیشنلمنصفجوڈیشلمجسٹریٹدرجہاولسانبہ

سرکاریوٹیجموںوکشمیربنامدنیشکماروغیرہ

مثلنمبر01Challa/35متدائرہ2018-08-2011

پرچهعلتنمبر127سال2018ءتھانہپولیسسانبہ

بجرائمزیردفعاتPC420,511,201

وارنٹگشتیعام

ضمیمہج۔جموںوکشمیرسرکاریگزٹنمبر18مورخہ03اگست2023ءبمطابق12ساون1945-99

حکمبناماہلکارانپولیسیوٹیجموںوکشمیر

مقدمہمندرجہعنوانالصدرمیںملزمدنیشکمارولددھرمپالساکنہ Sisai Balaتحصیلہنسیضلعحصار(ہریانہ)بعدارتکابجرمروپوشہوچکاہے تلاشکنندہکااظہارہےکہملزممذکورکیدستیابیسردستنامناممکنہے۔ اظہارکیتائیدمیںتلاشکنندہکابیانبھیقلمبندکیاگیابعدملاحظہہذاکواطمینان ہواکہملزممذکورکیسردستدستیابیناممکنہے۔

لہذاملزممذکورکےخلافکاروائیزیردفعہCRPC512ضف عملمیںلائیجاکراہلکارانپولیسیوٹیجموںوکشمیرکوحکمواختیاردیاجاتاہےکہ ملزممذکوراندرحدودیوٹیجموںوکشمیرجہاںکہیںاورجبکبھیبھیدستیابہوکو گرفتارکرکےعدالتہذامیںپیشکریں۔وارنٹگشتیعاممجریہتادستیابیملزم مذکورزیرکاررہےگا۔اسبارہمیںتاکیدجانو۔

آجمورخہ10جون2023بهدستخطراقمومہرعدالتہذاسےجاریہوا۔

سرکاریوٹیجموںوکشمیربنامدنیشکمار

مثلنمبر1Challa/34متدائرہ2018-08-2011

علتنمبر98سال2018تھانہپولیسسانبہ

420,201 , RPC 66 ( c) ( d ) IT Act جرائمزیردفعات

وارنٹگشتیعام

100۔جموںوکشمیرسرکاریگزٹنمبر18مورخہ03اگست2023ءبمطابق12ساون1945ضمیمہج

حکمبناماہلکارانپولیسیوٹیجموںوکشمیر

مقدمہمندرجہعنوانالصدرمیںملزمدنیشکمارولددھرمپالساکنہ Sisai Balaتحصیلہنسیمضلعحصار(ہریانہ)بعدارتکابمجرمروپوش ہوچکاہےتلاشکنندہکااظہارہےکہملزممذکورکیدستیابیسردستناممکنہے۔ اظہارکیتائیدمیںتلاشکنندہکابیانبھیقلمبندکیاگیابعدملاحظہعدالتہذاکو اطمینانہواکہملزممذکورکیسردستدستیابیناممکنہے۔

آجمورخہ10جون2023بهدستخطراقمومہرعدالتہذاسےجاریہوا۔

دستخط:ایڈیشنلمنصفجوڈیشلمجسٹریٹدرجہاولسانبہ۔

ازعدالتچیفجوڈیشلمجسٹریٹسانبہ

سرکاریوٹیجموںوکشمیربنامنظیراحمد

مثلنمبر1Challa/237متدائرہ2008-01-04

علتنمبر243سال2007ءتھانہپولیسسانبہ

جرائمزیردفعہ379

ضمیمہج۔جموںوکشمیرسرکاریگزٹنمبر18مورخہ03اگست2023ءبمطابق12

ساون۔1945-101

وارنٹگشتیعام

حکمبناماہلکارانپولیسیوٹیجموںوکشمیر

مقدمہمندرجہعنوانالصدرمیںملزمنظیراحمدولدابراہیمساکنہبدھبہار دہلیحالشونگروجےپور۔بعدارتکابجرمروپوشہوچکاہےتلاشکنندہکا اظہارہےکہملزممذکورکیدستیابیسردستناممکنہے۔اظہارکیتائیدمیں تلاشکنندہکابیانبھیقلمبندکیاگیابعدملاحظہعدالتہذاکواطمینانہواکہ ملزممذکورکیسردستدستیابیناممکنہے۔

لہذاملزممذکورکےخلافکاروائیزیردفعہ512ضفبعمللائی جاکراہلکارانپولیسیوٹیجموںوکشمیرکوحکمواختیاردیاجاتاہےکہملزممذکوراندر حدودیوٹیجموںوکشمیرجہاںکہیںاورجبکبھیبھیدستیابہوکواسےفوراًگرفتار کرکےعدالتہذامیںپیشکریں۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔ اسبارہمیںتاکیدجانو۔

آجمورخہ15مئیسال2023ءبهدستخطراقمومہرعدالتسےجاریہوا۔ دستخط:چیفجوڈیشلمجسٹریٹسانبہ۔

ازعدالتسپیشلموبائلمجسٹریٹجموں

سرکاریوٹیجموںوکشمیربنامناصرحسینوغیرہ

19-7-2023

File No.61 / Challan NDH

Police

Station Gangyal

FIR No.38 / 2023

جرائمزیردفعات

379/201/34 102۔جموںوکشمیرسرکاریگزٹنمبر18مورخہ03اگست2023ءبمطابق12ساون1945ضمیمہج

وارنٹگشتیعامزیردفعہ512ضف

حکمبناماہلکارانپولیسیوٹیجموںوکشمیر

معاملہمندرجہعنوانالصدرمیںملزمکوبارہابذریعہوارنٹگرفتاریبلا ضمانتیطلبکیاگیاہےالاملزمکیدستیابینہہوئیہےاوروارنٹہذاپرتعمیلآئی ہےکہملزمناصرحسینولدشمشیرسنگھساکنہکلسوٹمونگریگھرسےفرارہےاور روپوشہوگیاہےجسسےملزمکیدستیابیآسانیمشکلہے۔

لہذاملزمکےخلافکاروائیزیردفعہ512ضفبعمللائیجاکر اہلکارانپولیسیوٹیجموںوکشمیرکوحکمواختیاردیاجاتاہےکہملزممتذکرہبالا جہاںکہیںبھیاندرحدودیوٹیدستیابہوتواُسےگرفتارکرکےعدالتہذامیں پیشکریں۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔تحریر2023-6-16

دستخط:پیشلموبائلمجسٹریٹجموں۔

ازعدالتتھرڈایڈیشنلسیشنجججموں

سرکاریوٹیجموںوکشمیرتھانہپولیسکٹرہبنامفیصلمنیروغیرہ

پرچهعلتنمبر06-RCسال2022تھانہپولیسNIA Jammu

جرائمزیردفعاتB , 121 122 IPC-120

16,17,18,18 - B , 20,23,38,39,40 UA ( P ) Act.

25 ( 1 ) ( a ) 25 ( 7 ) AA of Arms Act . Section 4/5 ESA

وارنٹگشتیعامزیردفعہ299ضف

2023ءبمطابق12ساون

گزٹنمبر18مورخہ03اگست

ضمیمہج۔جموںوکشمیرسرکاری

1945-103

مثلنمبر2Challan/27متدائرہ12/01/23بجرائمبالامیںملزم

Sajjad Gull @ Sheikh Sajad @ Hamza @ Albert @ Bhaijan @Raymond Green S /o Ghulam Ahmad R/ o Ansari Lane , Rose Avenue Colony , HMT , Shalteng Srinagar .

بعدارتکابجرمملزمدیدہدانستہطورپرروپوشہوچکاہے۔ ملزممذکورکیدستیابیسردستہونانہممکنہے۔

لہذااہلکارانپولیسریاستجموںوکشمیرکوبذریعہوارنٹگشتیعام زیردفعہ299ضفحکمواختیاردیاجاتاہےکہملزممذکوراندرحدود ریاستجموںوکشمیرجہاںبھیکہیںاورجبکبھیبھیدستیابہوگرفتارکرکے عدالتہذامیںپیشکریں۔وارنٹمجریہتادستیابیملزممذکورزیرکاررہیگا۔

آجمورخہ17مئی2023دستخطراقمومہرعدالتہذاسے جاریہواہے۔

سرکاریوٹیجموںوکشمیرتھانہپولیسکٹرہبنامفیصلمنیروغیرہ

پرچهعلتنمبر06-RCسال2022تھانہپولیسNIA Jammu

120 - B R /W 121 - A & 122 IPC جرائمزیردفعات

18,18 - B , 20 , , 38,39 , of UA ( P ) Act.

وارنٹگشتیعامزیردفعہ299ضف

102۔جموںوکشمیرسرکاریگزٹنمبر18مورخہ103اگست2023ءبمطابق12ساون1945ضمیمہج

حکمبناماہلکارانپولیسیوٹیجموںوکشمیر

مثلنمبر1Challan/14متدائرہ03/04/23بجرائمبالا میںملزمڈاکٹرعاصفمقبولڈارولدمحمدمقبولڈارساکنہچنڈوسہبارہمولہ حالمکاننمبر275ایمآئیجیکالونیبمنہسرینگربعدارتکابجرمملزم دیدہدانستہطورپرروپوشہوچکاہے۔ملزممذکورکیدستیابیسردستہونا نہممکنہے۔

آجمورخہ17مئی2023دستخطراقمومہرعدالتہذاسےجاری

ہواہے۔

دستخط:تھرڈایڈیشنلسیشنجججموں۔ ۔

EXTRAORDINARY

REGD NO . JK-33

सत्यमेव जयते

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

[No. 46-g Vol . 135] Jammu , Wed. , the 22nd Feb. , 2023 / 3rd Phal . , 1944.

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 - DEPARTMENT OF FOOD , CIVIL SUPPLIES AND CONSUMER AFFAIRS , J & K , JAMMU

Notification

Jammu , the 22nd February , 2023 .

SO - 93 . In exercise of the powers conferred by Sub- Section ( 1 ) and clauses ( p) and ( q) of Sub- Section ( 2 ) of Section 102 of the Consumer Protection Act , 2019 (35 of 2019 ) , the Government hereby makes the following rules , namely :-

1. Short title , extent and commencement . ( 1 ) These rules may be called the Jammu and Kashmir Consumer Protection Mediation Rules , 2023 .

(2) These rules shall come into force from the date of publication in the Official Gazette .

2 The J& K Official Gazette , the 22nd Feb. , 2023 / 3rd Phal . , 1944. [ No. 46 - g

2 . Definitions . In these rules , unless the context otherwise requires ,-

a ) " Act " means the Consumer Protection Act , 2019 ( 35 of 2019);

b ) " Commission " means the District Commission or the State Commission , as the case may be ;

c) " Government " means the Government of Jammu and Kashmir;

d) "Mediation Cell " means a consumer mediation cell established under Sub - Section ( 1 ) of Section 74 of the Act ;

" Parties " means parties to a dispute ; e)

f) " President " means the President of the State Commission or the District Commission , as the case may be ;

g) " Settlement " means a settlement arrived at in the course of a mediation proceeding in respect of all or some of the issues involved in a consumer dispute pending before a Consumer Commission .

(2) The words and expressions used in these rules but not defined and defined in the Act shall have the same meaning assigned to them in the Act .

3. Mediation Cell . ( 1 ) Every Mediation Cell set up in a Commission , shall have a panel of mediators on the recommendation of a selection committee consisting of the President and a member of that Commission .

( 2) The Mediation Cell shall have such support staff as may be decided by the President of that Commission in consultation with the Government and the Government shall provide all administrative assistance and infrastructure facilities required by the Commission .

4. Eligibility for empanelment as mediator. The following persons shall be eligible to be empanelled with a Mediation Cell :-

a) retired District and Session Judges , or other retired judicial officers of the Judicial Services of the Jammu and Kashmir ;

No. 46 - g ] The J & K Official Gazette , the 22nd Feb. , 2023 / 3rd Phal . , 1944. 3

b) retired Members of a Consumer Commission ;

c) an advocate with a minimum experience of ten years at Bar ;

d) the mediators empanelled with the Mediation Cell of High Court or a District Court ;

e) a person having experience of at least five years in mediation or conciliation ;

f) experts or other professionals or retired officer of J & K Government with at least fifteen years ' experience in administration .

5. Disqualifications for empanelment . ( 1 ) The following persons shall be disqualified for being empanelled as a Mediator , namely : -

a) a person who has been adjudged as insolvent ;

b) person against whom criminal charges involving moral turpitude are framed by a criminal court and are pending ;

c) a person who has been convicted by a criminal court for any offence involving moral turpitude ;

d) a person against whom disciplinary proceedings have been initiated by the appropriate disciplinary authority and are pending or have resulted in a punishment .

(2) A person who is or has been interested in or connected with the subject matter of the consumer dispute or is related to or has been associated or connected in any manner , including in a professional capacity , with any of the parties to the consumer disputes or any of their associates , affiliates , promoters , holding companies , subsidiaries companies , partners , directors or employees , shall be disqualified for being nominated as a mediator in that case .

6. Establishment of Mediation Cell and Procedure for empanelment of Mediator . ( 1 ) The Mediation Cell attached to State Commission shall be headed by the President of the State Consumer Commission .

(2) In the State Commission , Mediators shall be nominated by the President.

4 The J& K Official Gazette , the 22nd Feb. , 2023 / 3rd Phal . , 1944. [ No. 46 - g

( 3) The Mediation Cell attached to each District Commission shall be headed by the President of that District Consumer Commission .

(4) In the District Commission , Mediators shall be nominated by the President of the respective District Commission .

( 5 ) ( 5 ) Each Consumer Commission shall invite applications from eligible persons for empanelment as mediators , by publication of a notice in at least one English and one vernacular newspaper widely circulated in its jurisdiction.

( 6) ( 6 ) The applications received by the Mediation Cell of State District Commission for empanelment as mediator shall be scrutinized and the list of eligible applications shall be placed before the selection committee constituted under Sub- Section ( 1 ) of Section 75 .

(7 ) (7 ) The Selection Committee consisting of the President and a member of that Commission shall determine its procedure for making its recommendation and , after taking into account the suitability , integrity as well as relevant experience of the candidates , recommend a panel to be maintained by the Mediation Cell .

(8 ) The consent of the persons whose names are included in the panel shall be obtained before empanelling them .

(9 ) The panel of mediators prepared shall be valid for a period of five years .

7 . Fee of Mediator . ( 1) A consolidated fee , in a successful mediation shall be paid to the mediator , who conducts the mediation proceedings , from the time of reference till their conclusion .

(2) The fee of the mediator empanelled with a State Consumer Commission and District Commission including costs of secretarial assistance and other ancillary expenses , shall be fixed by the President of the State Commission case wise , considering the nature of the dispute , in consultation with the Government .

(3) In an unsuccessful mediation , half of the aforesaid fee shall be paid to the mediator .

No. 46 - g ] The J & K Official Gazette , the 22nd Feb. , 2023 / 3rd Phal . , 1944. 5

(4) The fee of the mediator shall be shared equally by the two sets ofparties .

( 5) ( 5 ) The mediator who successfully conducts part of the proceedings shall be paid such fee as may be fixed by the President of the State Consumer Commission .

( 6) The fee shall be deposited in advance with the Mediation Cell .

( 7) If a party does not deposit his share of the fee or the cost of mediation , the Consumer Commission may , on the application of the mediator or any other party , direct the party in default to deposit the same within a week ; and if :-

(a) he fails to deposit such fee or cost , the Consumer Commission may permit the other parties to deposit the same and recover the said amount , from the party in default , in the manner prescribed for the execution of a money decree by a Civil Court ;

(b) no other party deposits the share of the party in default , the Consumer Commission may terminate the mediation proceedings .

8. Removal of mediator . If a mediator is discovered to be disqualified or he in any manner misconducts himself as a mediator or he is otherwise found unsuitable to continue as a mediator , the Mediation Cell may remove his name from the panel of mediators after giving an opportunity of hearing to him .

9 . Re- empanelment of mediator. Only such mediators shall be eligible for re - empanelment who , in the opinion of the Mediation Cell , have successfully and efficiently discharged their functions as empanelled mediators and such re - empanelment is made on the basis of the recommendation of the Selection Committee .

10.10 . Training . The mediators shall be given appropriate training in conducting mediation by such experts as may be nominated by the Mediation Cell and it shall be obligatory for them to attend such training.

6 The J& K Official Gazette , the 22nd Feb. , 2023 / 3rd Phal . , 1944. [ No. 46 - g

11. Code of conduct.- ( 1 ) The empanelled mediators shall not communicate , directly or indirectly with any of the parties or their associates , affiliates , promoters , holding companies , subsidiaries companies , directors , partners or employees or with any of their counsel during pendency of the mediation proceedings , except during the course of the mediation , in the presence of the parties or their counsel .

( 2 ) The empanelled mediator shall not accept any gift or hospitality from any of the parties or their associates , affiliates , promoters , holding companies , subsidiaries companies , directors , partners or employees or any of their counsel .

(3) In addition to the disclosure required under clauses ( a) and ( b ) of Section 77 , each mediator shall disclose the following information before commencement of the mediation in a case assigned to him , namely :-

( a) whether he has or in the past had any personal , business or professional relationship or connection with any of the parties to the consumer dispute or other proceedings or any person associated or connected in any manner , to any of the parties or their associates , affiliates , parent companies , subsidiaries companies , directors , partners or employees ;

(b) whether there exists any circumstance which may give rise to reasonable doubt as to his independence and impartiality .

(4) Any person who is empaneled in any mediation cell in the State shall not practice in any State or District Commission as a lawyer or otherwise during his tenure as a mediator .

12.12 . Mediation proceedings . ( 1 ) The mediation shall be conducted in the presence of the parties or their authorised representatives or counsel .

(2) The mediation shall stand terminated on expiry of three months from the date of first appearance before the mediator unless the time for completion of mediation is extended by the Consumer Commission, in which case it shall stand terminated on expiry of such extended time .

No. 46 - g ] The J & K Official Gazette , the 22nd Feb. , 2023 / 3rd Phal . , 1944. 7

(3 ) The parties shall be entitled to appear before the mediator in person or through their respective counselor authorised representatives .

(4) The mediator shall be guided by the principles of natural justice and fair play but shall not be bound by the provisions of the Code of Civil Procedure , 1908 ( 5 of 1908 ) or the Indian Evidence Act , 1872 ( 1 of 1872) .

(5) If a party does not participate in the mediation proceedings , the Consumer Commission may direct such a party to participate in the proceedings .

( 6) The parties shall provide all such information to the mediator as may be reasonably required by him for conducting the mediation proceedings .

(7) The record of the proceedings shall be prepared by the mediator on every date and shall be signed by the parties or their Counsel , authorised representatives or Attorneys .

( 8 ) The agreement executed between the parties shall be submitted by the mediator , to the Consumer Commission , in a sealed cover , with a forwarding letter . The mediator shall prepare a settlement report of the settlement and forward the signed agreement along with such report to the concerned Commission .

(9 ) If no agreement is executed between the parties , within the time prescribed in these regulations , the mediator shall intimate so , to the Consumer Commission , without in any manner disclosing as to what transpired during the mediation proceedings , what was the stand taken by the parties or why the agreement could not be reached .

13. Mediation Proceedings through video conferencing . The State Commission and District Commissions may allow mediation proceedings to take place , entirely or in part, through video conferencing , in such a platform as specified by the Government .

14.14 . Role of mediator. ( 1 ) The mediator shall attempt to facilitate a voluntary resolution of the disputes between the parties , assist them in removing the misunderstandings , if any , and generating options 8 The J& K Official Gazette , the 22nd Feb. , 2023/ 3rd Phal . , 1944. [ No. 46 - g

to resolve their disputes , but shall not impose any term or any settlement upon the parties .

(2) The mediator shall explain the terms of the agreement , to the parties , before obtaining their respective signatures on it .

15.15 . Confidentiality. ( 1 ) The parties and the mediator shall maintain confidentiality in respect of the events that transpire during the mediation proceedings and shall not use or rely upon any information , document etc. produced , the proposals and admissions made or the views expressed during the mediation proceedings .

(2) There shall be no audio or video recording of the mediation proceedings .

16.16 . Communications . The mediator shall not communicate with the Consumer Commission except by way of his report , with copies to all the parties .

17.17 . Immunity .- ( 1 ) No mediator shall be liable for any civil or criminal proceedings , for any act done or omitted to be done bonafidely by him, in his capacity as a mediator .

(2) The mediator shall not be summoned by a party to appear in a Court or other forum , to testify in regard to any information received or the action taken by him during the mediation proceedings .

18.18 . Reports . ( 1 ) Every Mediation Cell shall submit a quarterly report to the District Commission or the State Commission , to which it is attached , containing the following information , namely :-

( a) a list of its empanelled mediators , including experience and qualifications of each of them ;

(b ) the number of cases pending before it at the beginning of the quarter;

( c) the number of cases referred to it during the quarter ;

(d) the number of cases disposed of during the quarter ;

No. 46 - g ] The J & K Official Gazette , the 22nd Feb. , 2023 / 3rd Phal . , 1944. 9

( e ) the number of cases pending at the end of the quarter ;

( f) the number of cases assigned to each mediator , the number of cases disposed of by him during the quarter and the number of cases in which the mediation referred to him was successful ;

(g ) ( g ) the number of cases in which the mediation was not successful;

(h) the fee paid to each mediator during the quarter .

(2) The report shall be submitted within one month of the end of each quarter .

19. Matters not to be referred to mediation . The following matters shall not be referred to mediation , namely :-

(a) the matters relating to proceedings in respect of medical negligence resulting in grievous injury or death ;

(b ) matters which relate to defaults or offences for which applications for compounding of offences have been made by one or more parties ;

(c) cases involving serious and specific allegations of fraud , fabrication of documents , forgery , impersonation , coercion ;

(d) cases relating to prosecution for criminal and non- compoundable offences ;

(e) cases which involve public interest or the interest of numerous persons who are not parties before the commission: Provided that , in any case other than those mentioned in this rule , the Commission before which the Case is pending may choose not to refer it to appears to the Commission that no elements of a settlement exist which may be acceptable to the parties or that mediation otherwise not appropriate having regard to the circumstances of the case and the respective positions of the parties .

10 The J & K Official Gazette , the 22nd Feb. , 2023/ 3rd Phal . , 1944. [ No. 46 - g

20. Refund of fee . Where the Commission refers the parties to mediation , the complainant shall be entitled to receive full amount of application fee paid in respect of such complaint , if a settlement is reached between such parties .

21.21 . Resort to arbitral or judicial proceedings . The parties shall not initiate any arbitral or judicial proceedings in respect of a matter which is the subject matter of the mediation and also when such parties have expressly undertaken not to initiate any such proceeding .

22.22 . Settlement agreement not to be discharged by death of party thereto.- ( 1 ) A settlement agreement shall not be discharged by the death of any party thereto and shall be enforceable by or against the legal representative of the deceased party.

(2) Nothing in this rule shall affect the operation of any law by virtue of which any right of action is extinguished by the death of a person.

By order of the Government of Jammu and Kashmir .

( Sd . ) ZUBAIR AHMAD , JKAS ,

Commissioner / Secretary to the Government .

REGD . NO . JK-33

EXTRAORDINARY

सत्यमेव जयते

OFFICIAL GAZETTE

THE JAMMU AND KASHMIR

. 136] Jammu , Wed. , the 24th May, 2023/3rd Jyai . , 1945. [No. 7-9

Vol

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

Part II- B

Notifications , Notices and Orders by Heads of Departments .

BEFORE THE JAMMU AND KASHMIR , INDUSTRIAL TRIBUNAL - CUM - LABOUR COURT , JAMMU AND KASHMIR , JAMMU .

File No .: 1017 /ITLC/ 2018

D.O.I. : 15-05-2018

D.O.D. : 10-04-2023

Noor Mohammad Gojree S/ o Abdul Sattar Gojree R/ o Nawa Kadal, Srinagar , Kashmir (Petitioner/Applicant)

Vs.

Managing Director J& K Cements Ltd. H.O ; Zero Bridge at Present Sonwar , Srinagar , Kashmir . (Respondents /Non Applicant)

In the Matter of : Petition under Section 33C ( 2 ) of Industrial Disputes

Act read with Section 15 of Payment of Wages Act, 1936 , and Section 82 of Factories Act for release of D.A. , COLA Arrears w . e . f. 01-01-2006 to30- 06-2013 which amounts of Rs . 4,55,171/ - lying balance from Non - applicants .

2 The J& K Official Gazette , 24th May , 2023 /3rd Jyai . , 1945. [ No.7-9

Shri Adv : Aijaz for Petitioner .

Respondents in ex parte .

Judgement/ Award

Petition under Section 33 C - 2 of Industrial Act read with section 15 of Payment of Wages Act, 1936 and Section 82 of Factories Act for release ofD.A. , COLA . Arrears w . e . f. 01-01-2006 to 30-06-2013 has been filed by Applicant/Petitioner herein .

Synopsis of the present case is that petitioner/ applicant allegedly was employee of respondent company for last 35 years under Token No. 418 as Assistant Manager who was retired on 30-06-2013 .

Allegedly D.A. , COLA Arrears due to Applicant/Petitioner w . e . f. 01-01-2006 to 30-06-2013 , has not ben released by non applicants till date thereby causing much hardships to him for his survival as after retirement on 30-06-2013 , he did not get anything due to him .

1. This is further case of petitioner that even effect of 6th pay commission was given from 01-01-2006 but non - applicant released only 6th Pay Commission till 2009 in the shape of ' Cement ' but other arrears were retained .

2. Allegedly non - applicant has paid arrears of wages to other employees except applicant and devoid the same without any justification being employer of Petitioner (Workman) .

3. Respondents in their response dated 13-11-2018 categorically stated that all retiral dues of the petitioner has been paid except D.A. , COLA. Besides , company is trying to reconstruct the record which was burnt in fire on 31-05-2015 . Respondent's tangible case is that release of D.A. , COLA Arrears is subject to availability offunds and approval of Board of Directors . More over company was in financial crisis and is running in loss hence could not meet the expenditure of D.A. , COLA Arrears . Besidea company has to generate its own resources to meet all expenditures as company was in financial crisis and is running in loss .

4. Adjudication was on the following issues set up on 25-06-2019 those are reproduced as under : -

I. i . Whether the applicant is entitled to 6th Pay Commission D.A. , COLA Arrears w . e . f. 01-01-2006 to 30-06-2013 ? OPP .

No. 7-9] The J& K Official Gazette , 24th May, 2023/3rd Jyai . , 1945 .

II . ii . Relief : To what relief, petitioners is entitled thereto ? OPP .

The matter as projectd through the claim petition before this tribunal canbe precisely adumbrated these facts those are uncontroverted between the respondents are that petitioner was employee of respondent to whom D.A. , COLA etc. is still due but due to paucity of funds could not be paid .

5. The respondent's tangible case is that the petitioner is not entitled to any cash relief but shall be cement paid only in view of High Court Judgement .

Petitioner examined himself in witness box in the shape of affidavit but respondents absented themselves and were consequently set ex parte on 12-05-2022 .

6. Heard . LC for petitioner at length . Considered various pleas put forth

herein and also considered affidavit evidence of petitioner as well as other material on record . Since there is no evidence on behalf of respondents in rebuttal , hence evidence of plaintiff goes unrebutted.

7 . Perused record on file . Parties have reiterated what they have pleaded and supported their respective version .

As the case goes , precisely stating , there is Voluminous documentary evidence that petitioner ( workman) was working with respondents under Token No. 418 and was not paid below COLA/ D.A . Arrears etc.

Petitioner during course of proceedings moved application seeking rectification in section 13 as section 33 C( 2) which is allowed.

I shall adorn each point vehemently agitated by the LC . for petitioner .

The most canvassed and pivotal point of discussion is whether the petitioner is entitled to relief as prayed for . The onus to prove that petitioner was entitled to D.A. Arrears w . e . f. 01-01-2006 to 30-06-2013 was on petitioner and petitioner by way of affidavit evidence and other documents placed on record proved his case which fact is also admitted by respondent company, hence issue 1 and 2 are also decided in favour of the petitioner . Now the moot question is as to how much respondents shall pay ?

Since , in Petitioner's own saying the petitioner was paid arrears of Sixth pay commission in form of cement till 2009 and now respondents has admitted claim of petitioner, are directed to pay remaining amount 4

The J& K Official Gazette , 24th May , 2023 /3rd Jyai . , 1945. [ No.7-9

due to petitioner without any further loss of time within two months . Thus both issues are accodingly decided . Let this amount be paid in form of cement in light of Hon'ble High Court Judgement in SWP No. 641/2011 .

Resultantly it is held that the petitioner is entitled to relief as prayed for as sought through their claim petition. Accordingly , award is passed . The award may be published accordingly under rules in Government Press without any delay . File be consigned to records after its due completion.

Announced:

10-04-2023 .

(Sd . ) BALA JYOTI ,

District and Sessions Judge

(Presiding Officer) ,

Industrial Tribunal - cum - Labour Court ,

J& K, Srinagar/ Jammu .

EXTRAORDINARY

REGD . NO . JK-33

सत्यमेव जयते

THE JAMMU AND KASHMIR OFFICIAL GAZETTE

. 136 ] Jammu , Mon. , the 25th May , 2023/4th Jyai . , 1945. [ No. 8-1

Vol

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

Part II-B

Notifications , Notices and Orders by Heads of Departments .

BEFORE THE JAMMU AND KASHMIR INDUSTRIAL TRIBUNAL AND LABOUR COURT , JAMMU AND KASHMIR , SRINAGAR .

Present : Bala Jyoti

U.I.D. No .: JK00029

File No .: 1016/ ITLC/ 2018

D.O.I.: 15-05-2018

D.O.D .: 17-03-2023

Ali Mohammad Dar S/ o Late Ghulam Meh ud Din Dar R/ o Budgam, Kashmir . ( Petitioner /Applicant)

Vs.

Managing Director , J & K Cements Ltd. , H.O. Zero Bridge at present Sonwar , Srinagar, Kashmir . (Respondents /Non-Applicant) 2

[No. 8-1

The J& K Official Gazette, 25th May, 2023 /4th Jyai . , 1945.

In the matter of :-Petition under section 33 - C ( 2) of Industrial Disputes Act, read with section 15 of Payment of Wages Act, 1936 and Section 82 of Factories Act for release of D.A. Cola Arrears w . e . f. 01-01-2006 to 30-06-2012 which amounts of Rs . 2,55,230/ - lying balance from Non-applicants .

Shri Adv . Aijaz for Petitioner

Respondents in ex parte

Judgement/Award

Petition under section 33C- 2 of Industrial Act read with Section 15 of Payment of Wages Act, 1936 and Section 82 of Factories Act for release ofD.A. COLA Arrears w . e . f. 01-01-2006 to 30-06-2012 came to be filed against respondent .

Synopsis of the present case is that petitioner/ applicant allegedly was employee of respondent company for last 32 years under token No. 388 was retired on 31-01-2012 .

Allegedly D.A. , COLA Arrears due to Applicant/Petitioner w. e. f. 01-01-2006 to 31-01-2012 has not been released by non - applicants till date thereby causing much hardship to him for his survival as after retirement on 30-06-2012 he did not get anything due to him.

1. This is further case of the petitioner that even effect of 6th pay commission was given from 01-01-2006 but non - applicant released only 6th Pay Commission till 2009 in the shape of ' Cement ' but other arrears were retained .

2. Allegedly non - applicant has paid arrears of wages to other employees except applicant and devoid the same without any justification being employer of Petitioner (Workman) .

3. Respondents in their response dated 13-11-2018 categorically stated that all retiral dues of the petitioner has been paid except D.A. , COLA to regular employees . Besides company is trying to reconstruct the record which was burnt in fire on 31-05-2015 . Respondent's tangible case is that release of D.A. , COLA Arrears is subject to availability of No. 8-1 ] The J& K Official Gazette , 25th May , 2023 /4th Jyai . , 1945. 3

funds and approval of Board of Directors . Moreover company was in financial crisis and is running in loss hence could not meet the expenditure of D.A. , COLA Arrears etc. Besides company has to generate its own resources to meet all expenditure as company was in financial crisis and is running in loss .

4. Adjudication was on the following issues set up on 25-06-2019 , those are reproduced as under :-

I. i . Whether the applicant is entitled to 6th Pay Commission D.A. , COLA Arrears w . e . f. 01-01-2006 to 31-01-2012 ? OPP .

II . ii . Relief : To what relief, petitioners is entitled thereto ? OPP.

The matter as projectd through the claim petition before this tribunal can be precisely adumbrated these facts those are uncontroverted between the respondents are that petitioner was employee of respondent to whom D.A. , COLA etc. is still due but due to paucity of funds could not be paid.

5. The respondent's tangible case is that the petitioner is not entitled to any cash relief but shall be paid in form of cement only in view of High Court Judgement .

Petitioner examined himself in witness box in the shape of affidavit but respondents absented themselves and were consequently set ex parte on 12-05-2022.

6. Heard . LC for petitioner at length . Considered various pleas put forth herein and also considered affidavit evidence of petitioner as well as other material on record . Since there is no evidence on behalf of respondents in rebuttal , hence evidence of plaintiff goes unrebutted.

7. Perused meticulously record on file, parties have reiterated what they have pleaded and supported their respective version .

As the case goes , precisely stating , there is Voluminous documentary evidence that petitioner (workmen ) was working with respondents under token No. 388 and was not paid his COLA/D.A . Arrears etc.

Petitioner during course of proceedings moved application seeking rectification in section 13 as section 33 C ( 2) , which is allowed.

[No.8-1

The J& K Official Gazette, 25th May, 2023 /4th Jyai . , 1945.

entitled to D.A. Arrears w. e . f. 01-01-2006 to 31-01-2012 was on petitioner and petitioner by way of affidavit evidence and other documents placed on record proved his case which fact is also admitted by respondent company , hence issue 1 and 2 are also decided in favour of the petitioner . Now the moot question is as to how much respondents shall pay ?

Since , in petitioner's own saying the petitioner was paid arrears of SixthPay Commission in form of cement till 2009 and now respondents has admitted claim of petitioner , hence they are directed to pay remaining amount due to petitioner without any further loss of time within two months from date of publication of award passed by this Tribunal. Thus both issues are accordingly decided . Let this amount be paid in form of cement in light of Hon'ble High Court Judgement in SWP No. 641/2011 .

Resultantly it is held that the petitioner is entitled to relief as prayed for as sought through their claim petition . The award may be published accordingly .

Announced:

17-03-2023 .

( Sd . ) BALA JYOTI ,

District and Sessions Judge

(Presiding Officer) ,

Industrial Tribunal - cum - Labour Court,

J& K, Srinagar/ Jammu .

EXTRAORDINARY

REGD NO . JK-33

सत्यमेव जयते

THE JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol . 136] Jammu , Thu. , the 22nd June , 2023 / 1st Asad . , 1945. [ No. 12-2

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 MUNICIPAL COMMITTEE , CHENANI .

Notice

It is for the information of Public that elected house of Municipal Committee , Chenani in exercise of Powers conferred under 52 - JK( HUD ) of 2020 dated 14-02-2020 have decided to revise the entry fee of below mentioned commercial vehicles at M.C. , Chenani w.e.f. 01-05-2023 .

Entry Fees

S.No. Type of Commercial Vehicles

Revised Entry Fees (1)

(3)

(4)

Rs . 40/-

Rs . 50/ -

Dumper 2 The J & K Official Gazette , 22nd June , 2023 / 1st Asad . , 1945.

(2)

(1)

Truck ( 6 wheels )

3. Tempo

Trolla ( 10 tyres to 12 tyres )

5. Trolla ( 12 tyres to 24 tyres )

Tractor

7 .

JCB

[No. 12-2

(3)

(4)

Rs . 20/-

Rs . 30/ -

Rs . 15/ -

Rs . 30/-

Rs . 50/-

Rs . 200/ -

Rs . 20/ -

Rs . 50/-

Further , House of MC , Chenani has decided to enlist the fares for public functions at newly constructed Community Hall under Capex Budget as mentioned below :-

S.No. Type of functions

Schedule of

rates for APL

families

Rs . 11000/- Marriage Function

Rs . 5000/- All other functions

Schedule of rates for BPL families

Schedule of rates for Girl Marriage

Rs. 5500/-

Rs . 11000/ -

NA Rs . 2500/ -

Therefore , if anyone has objections , they can contact Office of Municipal Committee , Chenani within 15 days from publication of Notice.

(Sd .) .

Executive Officer , Municipal Committee ,

Chenani .

EXTRAORDINARY

REGD . NO . JK-33

सत्यमेव जयते

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol . 136] Jammu , Wed. , the 31st May, 2023 / 10th Jyai . , 1945. [No. 8-2

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

Part II- B

Notifications , Notices and Orders by Heads of Departments .

BEFORE THE JAMMU AND KASHMIR INDUSTRIAL TRIBUNAL AND LABOUR COURT , JAMMU AND KASHMIR, SRINAGAR .

Present : Bala Jyoti

U.I.D. No .: JK00029

File No .: 1015 /ITLC/ 2016

D.O.I. : 15-05-2018

D.O.D. : 10-04-2023

Mohammad Ashraf Mir S/ o Late Ali Mohammad Mir R/ o Bonamsar , Sonwar , Srinagar , Kashmir . (Petitioner/Applicant)

Vs.

Managing Director , J& K Cements Ltd. , H.O. Zero Bridge at present Sonwar , Srinagar Kashmir (Respondents /Non -Applicant)

In the matter of :-Petition under section 33C- ( 2) of Industrial Disputes Act, read with section 15 of Payment of Wages Act , 1936 and Section 82 of Factories Act for release 2 The J& K Official Gazette, 31st May , 2023/ 10th Jyai . , 1945. [ No. 8-2 ofD.A , COLA Arrears w . e . f. 01-01-2006 to 30- 09-2013 which amounts of Rs . 5,25,230/ - lying balance from Non - applicants .

Shri Adv. Aijaz for Petitioner .

Respondents in ex parte .

Judgement/ Award

Petition under Section 33C - 2 of Industrial Act read with Section 15 of Payment of Wages Act , 1936 and Section 82 of Factories Act for release of D.A. , COLA Arrears w . e . f. 01-01-2006 to 30-09-2013 has been filed by applicant/ Petitioner herein .

Synopsis of the present case is that petitioner / applicant allegedly was

employee of respondent company for last 34 years under Token No. 156 as Deputy Manager and was retired on 30-9-2013 .

Allegedly D.A. , COLA Arrears due to Applicant/Petitioner w . e.f. 01-01- 2006 to 30-09-2013 has not been released by non - applicants till date thereby causing much hardship to him for his survival as after retirementon 30-09-2013 , he did not get anything due to him.

1. This is further case of the petitioner that even effect of 6th Pay Commission was given from 01-01-2006 but non - applicant released only 6th Pay Commission till 2009 in the shape of ' Cement ' but other arrears were retained i . e . D.A. , COLA Arrears w . e . f . 01-01-2010 to 10-01-2013 and from 01-01-2006 to 30-9-2013 .

2. Allegedly non applicant has paid arrears of wages to other employees except applicant and devoid the same without any justification being employer of Petitioner (Workman ) .

3. Respondents in their response dated 13-11-2018 categorically stated that all retiral dues of the petitioner has been paid except D.A. , COLA. Besides company is trying to reconstruct the record which was burnt in fire on 31-05-2015 . Respondent's tangible case is that release of D.A. , Cola Arrears is subject to availability of funds and approval of Board of Directors . More over company was in financial crisis and is running in loss hence could not meet the expenditure of D.A. , No. 8-2] The J & K Official Gazette , 31st May, 2023/ 10th Jyai . , 1945. 3

COLA Arrears . Besides company has to generate its own resources to meet all expenditures as company was in financial crisis and is running in loss .

4. Adjudication was on the following issues set up on 25-06-2019 those are reproduced as under :-

i . Whether the applicant is entitled to 6th Pay Commission D.A. , COLA Arrears w . e . f. 01-01-2006 to 30-09-2013 ? OPP .

II . ii . Relief: To what relief, petitioner is entitled thereto ? OPP .

The matter as projected through the claim petition before this tribunal can be precisely adumbrated these facts those are uncontroverted between the respondents are that petitioner was employee of respondent to whom D.A. , Cola etc. is still due but due to paucity of funds could not be paid .

5. The respondent's tangible case is that the petitioner is not entitled to any cash relief but shall be paid only cement in view of High Court Judgement.

Petitioner examined himself in witness box in the shape of affidavit but respondents absented themselves and were consequently set ex parte on 12-05-2022 .

7 . Perused the record on file . Parties have reiterated what they have pleaded and supported their respective version .

As the case goes , precisely stating . There is Voluminous documentary evidence that petitioner workmen was working with respondent under Token No. 156 and was not paid below COLA/ D.A. Arrears etc.

Petitioner during course of proceedings moved application seeking rectification in Section 13 as Section 33 C (2 ) , which is allowed .

I shall adorn each point vehemently agitated by the LC . for petitioner . The most canvassed and pivotal point of discussion is whether the petitioner is entitled to relief as prayed for. The onus to prove that petitioner was entitled to D.A. Arrears w . e . f. 01-01-2006 to 30-09-2013 was on petitioner and petitioner by way of affidavit evidence and other documents placed on The J& K Official Gazette, 31st May, 2023/ 10th Jyai . , 1945. [ No. 8-2

4 record proved his case which fact is also admitted by respondent company , hence issue 1 and 2 are also decided in favour of the petitioner. Now , the moot question is as to how much respondents shall pay ?

Since, in petitioner's own saying , the petitioner was paid arrears of Sixth Pay Commission in form of cement till 2009 and now respondents has admitted claim of petitioner , hence they are directed to pay remaining amount due to petitioner without any further loss of time within two months . Thus both issues are accordingly decided . Let this amount be paid in form of cement in light of Hon'ble High Court Judgement in SWP No. 641/2011 .

Resultantly it is held that the petitioner is entitled to relief as prayed for as sought through their claim petition . Accordingly Award is passed . The award may be published accordingly under rules in Government Press without any further delay. File may be consigned to records after its due completion.

Announced:

10-04-2023 .

( Sd .) BALA JYOTI ,

District and Sessions Judge ,

(Presiding Officer ) ,

Industrial Tribunal - cum - Labour Court ,

J& K, Srinagar/ Jammu .