REGD NO. JK––33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

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Printed at the Ranbir Government Press, Jammu.

CONTENTS

English

Pages

Vernacu-

lar pages

PART I-A— Appointments, promotions, transfers and

leave of absence sanctioned by the Governor,

164-172

Government and the Ministers

....

PART I-B– Notifications, Communiques and General Orders

by the Government and the Ministers ....

287-292

PART II-A– Appointments, promotions, transfers and

leave of absence sanctioned by Heads of

Departments....

PART II- B– Notifications, Notices and Orders by Heads

Departments,

Provincial

Heads,

403-414

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

....

97-104

164The J&K Official Gazette, the 3rd August, 2023/12th Srav., 1945. [No. 18

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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

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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

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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

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Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally

for a period of one year from the date of issuance of this notification,

subject to the verification of 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

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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

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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

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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 LADAKH

(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] T h e J & K O f f i c i a l G a z e t t e , t h e 3rd August, 2023/12th Srav., 1945. 171

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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 P. M.

(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

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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.

THE

JAMMUAND KASHMIR OFFICIALGAZETTE

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

Vol. 136]

Jammu, Thu., the 3rd Aug., 2023/12th Srav., 1945.

[ No. 18

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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—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

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26-05-2023, the procedure for conferment ‘‘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 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

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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

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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

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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

of Republic 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

————————————————————————————--

1. Jammu and Kashmir Government

(i) Cash prize of Rs. 51000 and

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).

2. Jammu and Kashmir Government

(i) Cash prize of Rs. 51000 and

Award for Meritorious Public

(ii) Citation.

Service

(two awards shall be

reserved for Non-Gazetted

Official).

3. Jammu and Kashmir Government

(i) Cash prize of Rs. 51000 and

Award for Achivements in the

(ii) Citation

field of Literature.

4. Jammu and Kashmir Government

(i) Cash prize of Rs. 51000 and

Award for Life Time Achivement

(ii) Citation

in any other field.

292

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5. Jammu and Kashmir Government

(i) Cash prize of Rs. 51000 and

Award for Performing Arts.

(ii) Citation

6. Jammu and Kashmir Government

(i) Cash prize of Rs. 51000 and

Award for Excellence in Art and

(ii) Citation

Craft.

7. Jammu and Kashmir Government

(i) Cash prize of Rs. 51000 and

Award for Social Reforms and

(ii) Citation

Empowerment.

8. Jammu and Kashmir Government

(i) Cash prize of Rs. 51000 and

Award for outstanding sports

(ii) Citation

Persons.

9. Jammu and Kashmir Government

(i) Cash prize of Rs. 51000 and

Award for Media Persons.

(ii) Citation

10. Jammu and Kashmir Government

(i) Cash prize of Rs. 51000 and

Award for Environmentalists.

(ii) Citation

11. Jammu and Kashmir Government

(i) Cash prize of Rs. 51000 and

Award for Industrial Enter-

(ii) Citation

preneurship

Hon’ble Lieutenant Governor’s Award for Honesty, Integrity and

Meritorious Public Service.

————————————————————————————--

1. ‘‘Hon’ble Lieutenant Governor’s

(i) Cash prize of Rs. 51000 and

Award for Honesty, Integrity and

(ii) Citation

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.

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 :—

Existing Rate of DA

Revised Rate of DA

With effect from

212% of Basic

Pension/Family Pension

221% of Basic

Pension/Family Pension

01-01-2023

404

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

[ No. 18

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

of May, 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.

406

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

[ No. 18

Opening Session

(10.30 AM to 11.00 AM)

Arrival of Chief Guest

(11.00 AM)

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)

Registration of Participants

Worthy Chief Secretary, J&K

Director General Budget

Session-II (12.00 Noon –

12.30 PM)

Session-III (12.30 PM –1.00 PM)

Session-IV (2.00 PM –2.30 PM)

Session-V (2.30 PM –3.00 PM)

Session-VI (3.00 PM –3.30 PM)

Session-VII (3.30 PM –4.00 PM)

Valedictory (4.00 PM onwards)

Role of GST as a fulcrum of

J&K’s Own Tax Revenues-

Need for compliance and

coordination by Finance

Officers

People’s participation through

EMPOWERMENT/

JANBHAGIDARI

E-Audit and Performance

auditing.

PFMS and CNA/SNA Module

Introduction of IT in GP Fund

Co-relation between Finance

and Investigations

Digital Payments and DBT.

Closing Session

Annexure-I

————

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.

408

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

[ No. 18

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

of Collector 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

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.

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.

————

410

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

[ No. 18

NOTIFICATION

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.

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

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

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.

412

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

[ No. 18

NOTIFICATION

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

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.

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

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

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

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.

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

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

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.

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.

414

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

[ No. 18

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.

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

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.

EXTRAORDINARY

REGD NO. JK33

—————————————————————————————————

Vol. 135]

Jammu, Wed., the 22nd Feb., 2023/3rd Phal., 1944.

[No. 46-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—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 :—

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.

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

————————————————————————————————————

Definitions.—In these rules, unless the context otherwise

requires,—

“Act”

2019);

means

the

Consumer

Protection

Act,

2019

(35 of

“Commission” means the District Commission or the State

Commission, as the case may be;

“Government”

Kashmir;

means the Government of Jammu and

“Mediation Cell” means a consumer mediation cell

(2)

established under Sub-Section (1) of Section 74 of the Act;

“Parties” means parties to a dispute;

“President” means the President of the State Commission or

the District Commission, as the case may be;

“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.

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.

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;

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.

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

Commission.

shall be headed by the President of the State Consumer

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

President.

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.

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

of parties.

(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.

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.

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.

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

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

qualifications of each of them;

experience and

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

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.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 136]

Jammu, Wed., the 24th May, 2023/3rd Jyai., 1945.

[No. 7-9

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

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 to 30-

06-2013 which amounts of Rs. 4,55,171/- lying

balance from Non-applicants.

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

of D.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

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., 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. 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

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.

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.

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.

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

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

TH E

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 136 ]

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

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

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)

————

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

[ No. 8-1

—————————————————————————————————

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

of D.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.

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.

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).

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.

—————————————————————————————————

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.

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 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.

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.

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.

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.

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

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

[ No. 8-1

—————————————————————————————————

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

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 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

—————————————————————————————————

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.

S.No. Type of Commercial Vehicles

Entry Fees

Revised

Entry Fees

(1)

(2)

(3)

(4)

Dumper

Rs. 40/-

Rs. 50/-

The J&K Official Gazette, 22nd June, 2023/1st Asad., 1945. [No. 12-2

(1)

(2)

(3)

(4)

Truck (6 wheels)

Rs. 20/-

Rs. 30/-

Tempo

Rs. 15/-

Rs. 30/-

Trolla (10 tyres to 12 tyres)

Rs. 50/-

Trolla (12 tyres to 24 tyres)

Rs. 200/-

Tractor

Rs. 20/-

JCB

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

functions

Schedule

rates for APL

families

Schedule

rates for BPL

families

Schedule

rates for Girl

Marriage

Function

Rs. 11000/-

Rs. 5500/-

Rs. 11000/-

All other

functions

Rs. 5000/-

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

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

The J&K Official Gazette, 31st May, 2023/10th Jyai., 1945. [ No. 8-2

—————————————————————————————————

of D.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 retirement on

30-09-2013, he did not get anything due to him.

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.

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).

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.

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.

The respondent’s tangible case is that the petitioner is not entitled to

any cash r elief 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.

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.

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

—————————————————————————————————

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.

————