THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol. 136] Jammu, Thu., the 21st Sept., 2023/30th Bhad., 1945. [ No. 25

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REGD NO. JK––33

CONTENTS

English

Pages

Vernacu-

lar pages

PART I-A— Appointments, promotions, transfers and

leave of absence sanctioned by the Governor,

Government and the Ministers

....

PART

I-B– Notifications, Communiques and General Orders

by the Government and the Ministers ....

PART II-A– Appointments, promotions, transfers and

leave of absence sanctioned by Heads of

Departments....

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

Departments,

Provincial

Heads,

Magistrates and other officers competent to

issue public notices under any law or rule ....

PART II-C– Notifications, Notices and Orders by Election

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department,

Election

Petitions

and

Judgements of Election Tribunal ....

PART

III- Laws,

Regulations

and

Rules

passed

thereunder

....

PART

IV– Reprints from the Government of India Gazette

or Gazettes of others Governments....

PART

V– Information and Statistics ....

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

(b) Rates and wages ....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Ranbir Government Press, Jammu.

212-216

365-372

549-574

149-156

212 The J&K Official Gazette, the 21st Sept., 2023/30th Bhad., 1945. [No. 25

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PART I-A

Jammu and Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

(Office of the Registrar General at Srinagar)

Subject :—Amendments in the Jammu and Kashmir General Rules

(Civil) Svt. 1978.

————

Notification

No. 1280 of 2023/RG Dated 22-07-2023.

Whereas, in terms of Section 122 of the Code of Civil Procedure,

1908, the draft amendments in the Jammu and Kashmir General Rules

(Civil) Svt. 1978 were duly circulated amongst all stake holders and

uploaded on the High Court website as well, for inviting suggestions/

objections from one and all ;

Whereas, in pursuance to the said circulation, no objection/

suggestions from any quarter have been received ; and

Now, therefore, in exercise of the powers conferred by

Article 227 of the Constitution of India read with Section 122 of the

Code of Civil Procedure! 1908, the High Court of Jammu & Kashmir

and Ladakh, with prior approval of the Lieutenant Governor of the

Union Territory of Jammu and Kashmir, hereby make the following

amendments in the Jammu and Kashmir General Rules (Civil)

Svt. 1978 ; namely :—

1 In Chapter VI ;

(i)

After rule 196, the following shall be inserted as rule

196A ; namely :—

“196A.—In appropriate cases, where the possession is

not in dispute and not a question of fact for adjudication

No. 25] The J&K Official Gazette, the 21st Sept., 2023/30th Bhad., 1945. 213

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before the Court, the Court may appoint Commissioner

to assess the accurate description and status of the

property”.

(ii)

After rule 210, the follovvinq shall be inserted as 210A

; namely :—

“210A.—The Court must, before passing the decree,

pertaining to delivery of possession of a property ensure

that the decree is unambiguous so as to not only contain

clear description of the property but also having regard

to the status of the property”.

In Chapter VIA, after rule 10, the following shall be

inserted as rule 10A ; namely :—

“10A. After examination of parties under Order X or

production of documents under Order XI or receipt of

commission report, the Court must add all necessary or

proper parties to the suit, so as to avoid multiplicity of

proceedings and also make such joinder of cause of

action in the same suit”.

In Chapter VIB ;

(i)

After rule 43, the following shall be inserted as rule 43A ;

namely :—

“43A.—In suits relating to delivery of possession, the

Court must examine the parties to the suit under Order

X in relation to third party interest and further exercise

the power under Order XI Rule 14 asking parties to

disclose and produce documents, upon oath, which are

in possession of the parties including declaration

pertaining to third party interest in such properties”.

(ii)

After rule 54, the following shall be inserted as

rule 54A ; namely :—

“54A,—In a suit for payment of money, before

settlement of issues, the defendant may be required to

disclose his assets on oath, to the extent that he is being

214 The J&K Official Gazette, the 21st Sept., 2023/30th Bhad., 1945. [No. 25

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made liable in a suit. The Court may further, at any

stage, in appropriate cases during the pendency of suit,

using powers under Section 151 CPC, demand security

to ensure satisfaction of any decree”.

3. In Chapter VII ;

(i)

After rule 6, the following shall be inserted as rule 6A ;

namely :—

“6A.—The Court should allow taking of evidence

during the execution proceedings only in exceptional and

rare cases where the question of fact could not be

decided by resorting to any other expeditious method

like appointment of Commissioner or calling for electronic

materials including photographs or video with affidavits”.

(ii)

After rule 7, the following shall be inserted as rule 7A ;

namely :—

“7A.—In a money suit, the Court must invariably resort

to Order XXI Rule 11, ensuring immediate execution of

decree for payment of money on oral application”.

(iii)

After rule 14, the following shall be inserted as

rule 14A ; namely :—

“14A.—The Court exercising jurisdiction under Section

47 or under Order XXI of CPC, must not issue notice

on an application of third-party claiming rights in a

mechanical manner. Further, the Court should refrain

from entertaining any such application(s) that has

already been considered by the Court while adjudicating

the suit or which raises any such issue which otherwise

could have raised and determined during adjudication of

suit if due diligence was exercised by the applicant”.

(iv)

After rule 17, the following shall be inserted as

rule 17A ; namely :—

“17A.—The Executing Court must dispose of the

Execution Proceedings within six months from the date

No. 25] The J&K Official Gazette, the 21st Sept., 2023/30th Bhad., 1945. 215

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of filing, which may be extended only by recording

reasons in writing for such delay”.

(iv)

After rule 27, the following shall be inserted as

rule 27A ; namely :—

“27A.—Under Section 60 of CPC, the term "..... in

name of the judgment-debtor or by another person in

trust for him or on his behalf" should be read liberally

to incorporate any other person from whom he may

have the ability to derive share, profit or property”.

(v)

After rule 85, the following shall be inserted as

rule 85A ; namely :—

“85A.—The Executing Court may on satisfaction of the

fact that it is not possible to execute the decree without

police assistance, direct the concerned Police Station to

provide police assistance to such officials who are

working towards execution of the decree. Further, in

case an offence against the public servant while

discharging his duties is brought to the knowledge of the

Court, the same must be dealt stringently in accordance

with law”.

(vii)

After rule 86, the following shall be inserted as

rule 86A ; namely :—

“86A.—The Court must in appropriate cases where it

finds the objection or resistance or claim to be frivolous

or mala fide, resort to sub rule (2) of rule 98 of Order

XXI as well as grant compensatory costs in accordance

with Section 35A”.

After Chapter VII, the following shall be added as

Chapter VIlA and rule 1 thereof shall be inserted ;

namely :

“1. Under Order XL Rule 1 of CPC, a Court Receiver

can be appointed to monitor the status of the property

216 T

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e 21st Sept., 2023/30th Bhad., 1945. [No. 25

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in question as custodial legis for proper adjudication of

the matter”.

By order.

(SD.) SHAHZAD AZEEM,

Registrar General.

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—GENERAL ADMINISTRATION

DEPARTMENT, J&K.

Subject :—Issuance of Certificate for Online Services using Digital

Signature-reg.

————

Government Order No. 1041-JK (GAD) of 2023

Dated 28-08-2023.

In accordance with Section 3 and 3A of Chapter II of the Information

Technology Act, 2000, read with its Section 5 of Chapter III, dealing with

promoting use of digital technologies in government operations and with a

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 136] Jammu, Thu., the 21st Sept., 2023/30th Bhad., 1945. [ No. 25

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

separate compilation

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PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

366 The J&K Official Gazette, 21st Sept., 2023/30th Bhad., 1945. [No. 25

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view to streamline the process of issuing digital certificates, documents and

other electronic record by various departments, it is hereby ordered that

the following e-authentication techniques shall be put to use in the

process :—

Digital Signature Certificates (DSC) : Digital Signature

Certificates (DSC) are a secure and legally valid method for single/

bulk signing and issuing digitally signed certificates for online

services.

eSign : eSign service is an online electronic signature service

that can facilitate an Aadhaar holder to digitally sign a document.

An Aadhaar holder can Sign a document after Biometric/One

Time Password authentication thus requiring no paper-based

application form or documents.

Document Signer Mode : Document Signer certificate are

issued to organizational software applications for operating

automatically to authenticate documents/information attributed

to the organization by using Digital Signature applied on the

document, documents/information.

All Administrative Departments/Heads of Departments/Deputy

Commissioners/Managing Directors of various PSUs/Boards/Corporations

are accordingly advised to adopt any of the above-mentioned modes for

digital signing of certificates/documents w. e. f. 1st September, 2023 along

with ensuring necessary training and awareness of employees in this

regard. Details of the aforesaid authntication techniques are annexed as

Annexure-A to this order for reference.

Further, the departments may contact Mr. Raman Gupta, Technical

Officer, Information Technology Department (+91 94191-88330) for any

technical guidance/hand holding.

By order of the Lieutenant Governor.

(Sd.) SANJEEV VERMA, IAS,

Commissioner/Secretary to the Government.

————

No. 25] The J&K Official Gazette, 21st Sept., 2023/30th Bhad., 1945. 367

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Annexure to Government Order No. 1041-JK(GAD) of 2023

dated 28-08-2023.

Digital Signature Certificates (DSCs) : DSCs ensure secure and

legally valid online service certificates, offering robust authentication

through electronic signatures in accordance with illegal provisions.

Here’s a general outline of the process :—

Choose a Certifying Authority (CA) : Select a trusted Certifying

Authority (CA) accredited by the Controller of Certifying

Authorities (CCA) in your country. CAs are authorized entities to

issue digital signature certificates.

Application Form : Obtain the DSC application form from the

chosen CA’s website or physical location. Fill out the required

detailed accurately and completely.

Identity Verification : You will need to provide valid identity and

address proof documents as per the CA’s requirements. Commonly

accepted documents include Aadhaar card, Passport, PAN card,

voter ID, and utility bills.

Verification Process : The CA will verify your submitted

documents. This may involve in-person verification or submission

of documents through an authorized person. Some CAs offer

online verification processes as well.

Payment : Pay the prescribed fee for the DSC as specified by

the CA. Fees can vary based on the type and validity period of

the DSC.

Generate Key Pair : Once your documents are verified and

payment is confirmed, the CA will generate a key pair-a private

key (Kept confidential) and a corresponding public key. The private

key will be securely stored on a hardware token or software,

while the public key will be part of your DSC.

Issue of DSC : After verification and key pair generation, the

CA will issue your DSC. This may involve providing you with a

physical token (USB dongle) containing your DSC or sending

you the DSC file along with instructions for installation.

368 The J&K Official Gazette, 21st Sept., 2023/30th Bhad., 1945. [No. 25

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Installation : Install the DSC on your computer system or

hardware token as per the CA’s guidelines. The installation process

may include setting a PIN for accessing the private key.

Testing : Test the DSC by signing and verifying sample

documents to ensure its functioning correctly.

j Use : Your DSC is now ready to use. You can sign documents,

authenticate transactions, and access various online services

securely.

eSign : eSign provides a streamlined method for subscribes to

electronically sign online service certificates, upholding authenticity

and compliance with electronic authentication standards. The process

is as follows :—

Choose an eSign Service Provider : Select a recognized eSign

service provider that is compliant with legal regulations in your

country. These services providers are authorized to offer eSign

services.

Provide Identity Information : You’ll need to provide your

identity information to the eSign service provider. This might include

details such as your name, Aadhaar nember (or other identification

number) and contact information.

Aadhaar Verification : In many cases, eSign is closely linked to

Aadhaar authentication. You might be required to authenticate

your identity using your Aadhaar number and a One-Time

Password (OTP) sent to your registered mobile number.

Select the Document : Choose the document you want to

electronically sign. This could be a contract, agreement, form, or

any other type of document that requires your signature.

Sign the Document : Use the eSign platform provided by the

service provider to affix your electronic signature to the document.

This could involve clicking a ‘‘Sign’’ button, entering a password

or PIN, or other authentication methods.

No. 25] The J&K Official Gazette, 21st Sept., 2023/30th Bhad., 1945. 369

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Generate eSigned Document : Once you’ve signed the

document the eSign service will generate a digitally signed version

of the document, this signed document will include your electronic

signature and a timestamp.

Download or Share : You can usually download the eSigned

document from the eSign platform. You can then store, share or

submit the digitally signed document as required.

Verfication : The recipient of the eSigned document can verify

its authenticity and integrity by using the appropriate verification

tools provided by the eSign service provider or other authorized

entities.

Document Signer : Document Signer mode, adhering to established

guidelines, ensures the legitimacy and integrity of online service

certificates, enhancing trust in digital transactions. The process is as

follows :—

Choose a Document signing Tool : Select a reputable and

secure electronic document signing tool or software. There are

various options available, both online and offline, that allow you to

sign documents electronically.

Create an Account (if applicable) : If the chosen tool is an

online service, you might need to create an account on their

platform.

Upload Your Document : Use the tool’s interface to upload the

document that you need to sign. This could be a contract,

agreement, form, or any other type of document.

Position Your Signature : Once the document is uploaded, the

tool will typically allow you to place your signature on the document.

You might be able to draw your signature using a mouse or stylus,

or upload a scanned image of your physical signature.

Add Additional Information (if needed) : Depending on the

tool and the document’s requirements, you might also be able to

add additional information like dates, text fields, checkboxes, or

initials.

Review and confirm : Double-check the document to ensure

that your signature is correctly positioned and any additional

information is accurately added.

370 The J&K Official Gazette, 21st Sept., 2023/30th Bhad., 1945. [No. 25

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Apply Your Signature : Click the ‘‘Sign’’ or equivalent button on

the tool’s interface to apply your electronic signature to the

documents.

Save or Download : After signing, you will likely have the option

to save or download the signed document. Some tools might also

provide options for sending the signed document to others directly

from the platform.

Verify Signature (if needed) : Depending on the context, you or

the recipient of the document may need to verify the electronic

signature’s authenticity using appropriate verification tools.

Store and share : Store the signed document in a secure location.

You can share it electronically with other parties involved in the

transaction.

(Sd.) ROHIT SHARMA, JKAS,

Additional Secretary to the Government.

————

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT,

JAMMU/SRINAGAR.

Subject :—Acquisition of land measuring 26 Kanals 01 Marla situated in

Village Nanga, Tehsil Ramgarh, District Samba for construction

of Border Out Post (BOP) namely ‘‘Maluchak’’.

————

Notification No. 11-Rev(LAJ) of 2023

Dated 07-08-2023.

Whereas, on the basis of indent placed by the Inspector General,

BSF, Jammu vide No. Axxv/BOP-Maluchak/Engg/2011/430 dated

14-11-2011, notification under Section 4(1) of land Acquisition Act, Samvat

1990 was issued by Sub-Divisional Magistrate (SDM), Vijaypur, vide

Notification No. 05 of 2015 dated 18-08-2015 endorsement No. SDM/V/

201-16/754-60 dated 19-08-2015 followed by Corrigendum No. SDM/V/

No. 25] The J&K Official Gazette, 21st Sept., 2023/30th Bhad., 1945. 371

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2016-17/05-06 dated 02-04-2016 for land measuring 26 Kanals 01 Marla

situated in Village Nanga, Tehsil Ramgarh, District Samba for construction

of Border Out Post (BOP) namely ‘‘Maluchak’’ calling upon the objections

from the land owners/interested persons ; and

Whereas, pursuant to above notification, no objection was received

from anyone and District Collector (DC), Samba, accordingly recommended

the case to this department vide No. ACR/LAS/16-17/1119 dated

11-11-2016 read with No. DCS/ACR/LAS/18-19/157-58 dated 17-07-2018

and No. DCS/ACR/LAS/19-20/346-47 dated 06-09-2019 for issuance of

declaration under Sections 6 and 7 of J&K Land Acquisition Act, Samvat

1990, for construction of Border Out Post (BOP) namely Maluchak ; and

Whereas, vide No. Rev/LAJ/Nanga/40/2021 dated 05-03-2021,

Deputy Commissioner, Samba was requested to furnish the shadow file

containing revenue papers duly authenticated, copy of Section 4(1) and

recommendations/letter for issuance of declaration under Sections 6 and 7

of Land Acquisition Act, Samvat 1990 ; and

Whereas, Deputy Commissioner, Samba vide No. DCS/ACR/LAS/

2023-24/200-204 dated 01-07-2023 has forwarded the shadow file duly

prepared by Collector, Land Acquisition concerned which includes copies

of all relevant documents pertaining to the case :—

Land is needed purely for public purpose i.e. construction Border

Out Post (BOP) by BSF at Village Nanga, Tehsil Ramgarh.

Sufficient funds on account of land compensation are available

with the border Security Force (BSF).

Land has not been acquired earlier on for subject public purpose.

aks titima has been authenticated by the Border Security Force

(BSF) as a token of its correctness.

Whereas, Deputy Commissioner, Samba vide letter referred above

has requested that declaration under Sections 6 and 7 of Land Acquisition

Act, Samvat 1990 be issued for acquisition of land measuring 26 Kanals

01 Marla situated in Village Nanga, Tehsil Ramgarh being acquired for

public purpose i.e. construction of Border Out Post (BOP) by BSF ; and

Whereas, the case was examined in the department and it has been

found that no one has filed any objection to the proposed acquisition ; and

372 The J&K Official Gazette, 21st Sept., 2023/30th Bhad., 1945. [No. 25

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Whereas, the Government is satisfied that the land particulars whereof

are given above is required for public purpose i.e. for construction of Border

Out Post (BOP) namely ‘‘Maluchak’’.

Now, therefore, in pursuance of Section 6 of the J&K Land Acquisition

Act, Samvat 1990, it is declared that the land measuring 26 Kanals 01Marla

situated in Village Nanga, Tehsil Ramgarh, District Samba is required for

public purpose i.e. for construction of Border Out Post (BOP) namely

‘‘Maluchak’’ by Border Security Force (BSF). Further, the Collector, Land

Acquisition (SDM), Vijaypur is directed under Section 7 of the said Act to

take orders for acquisition of the said land after giving prescribed notice to

the interested person(s) as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be held specifically

responsible for identification and proper title verification of all types of land

involved in the case for making apportionment of compensation amongst all

the interested person/rightful claimants, in accordance with the relevant

laws/rules in force, while making the award. The Collector/Indenting

Department shall also ensure that no compensation shall be made for the

portion of land which has already been acquired for the road in question.

(Sd.) DR. PIYUSH SINGLA, IAS,

Secretary to the Government.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol. 136] Jammu, Thu., the 21th September, 2023/30th Bhad., 1945. [ No. 25

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,

OFFICE OF THE COLLECTOR LAND ACQUISITION,

ADDITIONAL DEPUTY COMMISSIONER, KISHTWAR.

Award under Section 23 of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013.

Case No.

ADCK/LA/2023-24/295-302

Dated

27-07-2023

Name of Village

Bhandera

Nature of acquisition :

Permanent

Revenue Village

Bhandera

Tehsil

Drabshalla

District

Kishtwar

Purpose of acquisition :

Construction of road Kandni to Ohli,

Village Bandera, Tehsil Drabshalla,

District Kishtwar.

1. INTRODUCTION :

These proceedings are under provisions of Section 23 of the Right

to Fair Compensation and Transparency in Land Acquisition, Rehabilition

and Resettlement Act, 2013 for determination of compensation in

550 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

respect of net area of land proposed to be acquired measuring 51 Kanals

03 marlas for construction of road Kandni to Ohli Village Bhandera.

The land acquisition proceedings were initiated with the publication of

Preliminary Notification under Section 11 of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013.

The Chief Engineer PMGSY, Jammu, vide No. CEJ/PMGSY/

22106-08 Dated 18-03-2021, submitted proper letter of indent for

acquisition of land for construction of road Kandni to Ohli Village

Bhandera. Accordingly, Tehslildar Drabshalla submitted the said land

acquisition papers to this office duly completed in all respects for further

necessary action.

2. PUBLICATION OF NOTIFICATIONS AND ISSUE OF

NOTICES :—

The local SIA team was notified as Social Impact Assessment

Team (SIA) under Section 4(1) of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013 for conducting Social Impact Assessment Team (SIA) vide No.

ADCK/LA/2022-23/565-72 Dated 21-12-2022, and on the

recommendations of the committee under rule 4(1) of RTFCR Act, 2013

treated as social impact assessment report as per rule 8 of the Act, it

has been brought into the notice that no dislocation is involved and

consent of more than 70% of land owners has been obtained by

Tehsildar Drabshalla, wherein the concerned land owners have given

their willingness and have agreed for providing their land for the said

acquisition.

The Preliminary Notification No. ADCK/LA/2022-23/756-64

Dated 01-03-2023 was issued under Section 11 of the Act stating that

the land described in the schedule thereto (thereafter referred to as the

said land) was needed or likely to be needed for the public purpose.

The notification was issued for inviting objections within 60 days.

No objections were received against the Preliminary Notification.

The proposal was then submitted to the Appropriate Government i. e.,

Deputy Commissioner (District Collector) Kishtwar vide No. ADCK/

LA/2023/119 Dated 06-05-2023, seeking approval to proceed with

acquisition process and the same was approved ; and

No. 25 ] The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945. 551

Further, on approval of Appropriate Government i.e., Deputy

Commissioner (District Collector) Kishtwar, vide Declaration No. 07 of

2023 Dated 09-05-2023 read with endorsement No. DCK/LA/23/

F.No.287/51 Dated 09-05-2023, it was declared under the provisions of

Section 19 of the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013 that the land was

required for the public purpose namely construction of road Kandni to

Ohli, at Village Bhandera Tehsil Drabshalla District Kishtwar.

To facilitate causation of the above requirements. Notice vide

No. ADCK/LA/2023/122-130 Dated 09-05-2023 was served under

Section 21 of the RFCTLARR Act, 2013, stating that all person having

interest in the said land may submit their objections within 30 days and

may appear personally or through an agent.

Under Section 21 of the RFCTLARR Act, 2013, the Government

intended to take the possession of the land in 30 days from the date

of issue of the Notice and claims to compensation for all interests in

the land, had to submitted to the collector for disposal within 30 days

from the date of issue of the Notice. In response to this notification

two persons filed objections regarding the quantum of land involved

however, on showing the revenue papers they were satisfied with the

area involved and submitted that they have no objections regarding the

area involved.

The case file was as such submitted to the Deputy Commissioner

(Appropriate Government) Kishtwar in the shape of Tentative Award

vide No. ADCK/LA/2023/213 Dated 22-06-2023 for approval of rates.

The rates so recommended have been approved by the Deputy

Commissioner (Appropriate Government) Kishtwar and conveyed to

this office vide No. DCK/LA/2023/F.No. 297/168 Dated 20-07-2023.

The draft award, as per the approved rates was submitted to District

Collector (Deputy Commissioner) for approval vide No. ADCK/LA/

2023/291 Dated 24-07-2023 and the approval was received from

District Collector Kishtwar vide No. DCK/LA/2023/F.No. 81/175

Dated 26-07-2023.

3. OWNERSHIP :—

Names of the persons whose land under acquisition is standing in

the record of rights was ascertained from the revenue records and the

same are shown in Award Statement.

552 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

4. SITUATION, DESCRIPTION AND LOCATION OF THE

LAND :—

The total acquired land measuring 51 Kanals 03 Marlas, under

acquisition where 39 Kanals 15 Marlas is un-irrigated while 11 Kanals-

08 Marlas is irrigated agricultural land situated in Village Bhandera of

Tehsil Drabshalla District Kishtwar.

5. VALUATION OF THE LAND :—

The principal for assessing the amount of compensation to be

awarded has been laid down under Section 26(1) of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 read with endorsement No. REV/LAJK/254/

2020 Dated 26-08-2020 the total amount of compensation including

multiplication factor by 02 as specified in schedule I read with Section

26(2) of the RFCTLARR, Act, 2013, followed by endorsement no. REV/

LAJK/254/2022 Date 26-08-2022 Plus Solatium 100% as per schedule

and accordingly the market value as per Stamp Duty rates of the land

was determined for further determination of compensation.

6. DETERMINATION OF COMPENSATION :—

As per the provisions of the Section 30 of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013, 100% of the Compensation Amount (including

market value as per Stamp Duty Rates multiplied by Multiplication

Factor) is to be awarded and Solatium as has been determined in the

Award Statement.

7. COMPENSATION OF LAND :—

The compensation of land is to be paid to land interested persons.

The total amount of Award Workout to be Rs. 40775115/- (Rupees Four

Crore Seven Lakhs Seventy Five Thousands One Hundred Fifteen)

rates as per stamp duty including multiplication factor by 02 as specified

in schedule I read with Section 26(2) of the RFCTLARR, Act, 2013

followed by endorsement No. REV/LAJK/254/2022 Dated 26-08-2022

plus Solatium 100% as per schedule I as worked out.

No. 25 ] The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945. 553

SUMMARY OF THE AWARD :

The award is summarized as under :—

Total area of the land acquired

51 Kanals–03 Marlas

from interested person(s)

Amount of compensation assessed

Rs. 4889250/-

for un-irrigated land (39 Kanals–15 Marlas)

as per stamp duty rates

Amount of compensation assessed

Rs. 1892400/-

for irrigated land (11 Kanals–8 Marlas)

as per stamp duty rates

Total (B+C)

Rs. 6781650/-

Multiplication of factor as specified in

02 (Two)

Schedule I read with Section 26(2) of the

RTFCLARR Act, 2013, followed by

Rs. 6781650 X 2 =

endorsement No. Rev/LAJK/254/2020

Rs. 13563300/-

Dated 26-08-2020.

Amount of Compensation assessed for

Rs. 6327000/-

Structures

Compensation Land + Structures (E+F)

Rs. 19890300/-

Solatium 100% as specified in schedule

Rs. 19890300/-

Value of Trees

Not available

Total Value of Award (G+H)

Rs. 39780600/-

Administrative Charges @ 2.5%

Rs. 994515/-

Grand Total (J+H)

Rs. 40775115/-

The details of compensation of the land acquisition as per the

Annexure-I is enclosed herewith.

8. MUTATION OF OCCUPANCY IN RESPECT OF THE

SAID LAND BEING ACQUIRED :—

The acquiring department shall ensure that the record of right and

all the relevant documents related to the ownership/occupancy of the

554 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

said land are accordingly modified and show the transfer of the said

land solely in the name of Government consequent to taking over

possession of the said land and the payment of the compensation to the

concerned interested parties.

9. CORRECTION OF THE RECORD IN THE RECORD OF

RIGHTS :—

The Tehsildar, Drabshalla shall carry out necessary mutation in the

Record of Rights in the name of Indenting Department in respect of

land so acquired as per the enclosed Award Statement.

10. APPORTIONMENT :—

The amount of compensation payable to interested persons as

shown in the Apportionment Statement is in accordance with the

provisions of Agricultural Reform Act, 1976 and the guidelines given by

the Rev. Department vide No. REV (LB) 10/80 Dated 23-02-1980 and

the latest Girdawari entries in the Field Book as well as in Girdawari

Copies. However, in case of any dispute, which is not settled within

reasonable time, the amount of compensation will be remitted to the

court under Section 64 of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013 for jurisdiction.

11. ENCUMBRANCES :—

The Land under acquisition is free from all encumbrances as per

the revenue papers prepared by the field staff duly authenticated in

token of acceptance and correctness by the Intending Department and

it has been mentioned in the Award Statement.

12. DOCUMENTS REQUIRED FOR OBTAINING AWARD :—

All the interested person(s) who are deemed lawfully entitled may

receive compensation on submission of the below mentioned documents

to the Office of Collector Land Acquisition, (ADC) Kishtwar during

working hours.

Application addressing to the collector, Collector Land

Acquisition, ADC Kishtwar.

Latest original land documents.

No. 25 ] The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945. 555

A copy of Bank Account Pass Book/Cancelled Cheque.

ID proof i. e., (Aadhaar Card/Voting Card/Driving License,

etc.)

Five No. of bill/receipt stamps.

No Objection from Legal Heirs, If any.

(Sd.) INDERJEET PARIHAR, (JKAS),

Collector Land Acquisition,

Additional Deputy Commissioner,

Kishtwar.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT–FINANCE DEPARTMENT

(Codes/Division)

JAMMU/SRINAGAR

Subject :— Payment of Dearness Allownace to Government employees

continuing to draw their pay 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. 117–F of 2023

Dated 07-06-2023.

In continuation to Government Order No. 23–F of 2023 dated

06-02-2023, it is hereby ordered that Government employees continuing

to draw their pay in the pre-revised Pay Scale/Grade Pay as per 6th

Pay Commission, shall be paid Dearness Allowance as under :—

Existing Rate of

Revised Rate of

With effect from

————————————————————————————

212% of Basic Pay

221% of Basic Pay

01-01-2023

556 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

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 to May, 2023 shall be paid in cash in June, 2023

and shall from part of the monthly salary from June, 2023

onwards.

By order of the Lieutenant Governor.

(Sd.) S. L. PANDITA,

Director General (Codes),

Finance Department.

————

OFFICE OF THE STATE TAXES OFFICER, CIRCLE-F, JAMMU.

Notification

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

It has been reported by M/s Vallabh Trading Co., Partap Garh,

Jammu bearing TIN No. 01601060548 that VAT-65 Forms bearing

No. 0600419–0600428 have been lost and the matter stands published

in the following newspapers :—

The News Expression dated 31-07-2023

Punjab Kesari dated 22-06-2023

The dealer has also furnished an indemnity bond amounting to

Rs.2500000/- in this respect which is placed on record. Hence below

noted VAT–65 Forms are hereby declared as invalid for the purpose

of Sub-Section (5) (4) of the Section of 8 of the CST Act, 1956.

Anybody fraudulently using the said VAT–65 Forms will render himself

liable for penal action as per law.

No. 25 ] The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945. 557

Anybody finding the said VAT–65 Forms, Please return the same

to the Undersigned.

No. of VAT–65 Forms

(10) Ten only

S. No. of ‘C’ Forms

0600419-0600428

Name and address of the

M/s Vallabh Trading Co.,

dealer

Partap Garh, Jammu.

Registration No.

01601060548

Whether lost/stolen/destroyed

Lost

(Sd.) RUCHI GUPTA,

State Taxes officer,

Circle–F, Jammu.

————

UNION TERRITORY OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR LAND ACQUISITION,

KISHTWAR

ASSISTANT COMMISSIONER REVENUE, KISHTWAR

Subject :—Acquisition of land measuring 02 Kanals 17½ Marlas

situated at Village Kishtwar, tehsil and District Kishtwar,

for Construction of Water Filtration Plant of 07 MLD at

Treser under WSS Naigad for Kishtwar Town in Village

Kishtwar.

———–

Notice

In exercise of the powers conferred upon me under Section 21

of the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013. I, Varunjeet

Charak (JKAS), Collector Land Acquisition (Assistant Commissioner

Revenue) Kishtwar, do hereby require all the interested persons, i. e.,

Land Owners and Indenting Department to appear personally or through

an agent to file objections, if any, regarding the amount of compensation

to be assessed, interested in land as well as objections to the

measurement of land made under Section 20 of the said Act, within 30

days from the date of issuance of this notice. The particulars of Land

involved are as under :

558 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

Name of

Survey

Type of

Area under

Name and Address of

Boundaries

No. Village

No.

Title

Land

Acquisition

person interested

—————————————————————————————————————————————————

K. M.

Kishtwar

5022/4975/ Shamlat

Un-

00–05

Dheeraj Kumar,

NA NA NA NA

908 Min

Deh

Irrigated

Parmeshwar Kumar

Sons, Mst. Kanta

Devi W/o Bal Krishan,

Des Raj, Khem Raj Ss/o

Kishtwar

4955/4877/ Shamlat

Un-

02–12½

Jia Lal Ramesh Kumar,

NA NA NA NA

908 Min

Deh

Irrigated

S/o Lassu Ram

Brahman

Grand Total

02–17½

Trees

Structures

Variety

Number

Type

No.

Mixed

Nil

Partial residential/

Nil

Cow sheds

Grand Total

Nil

(Sd.) VARUNJEET CHARAK (JKAS),

Collector, Land Acquisition,

(Asstt. Commissioner Revenue), Kishtwar.

No. 25 ] The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945. 559

GOVERNMENT OF UNION TERRITORY OF JAMMU AND

KASHMIR,

OFFICE OF THE DEPUTY COMMISSIONER, PULWAMA

Subject :—Preliminary Notification under Section-11(1) of Right to

Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 for Acquisition

of Land measuring 07 Kanals 05 Sirsai falling under

Survey

No. 227 min situated in estate Mughal Pora

Charat Tehsil Pulwama District Pulwama required for

public purpose namely Acquisition of Additional Land for

Construction of PMGSY Road from Tenghar to Takiya.

———–

Preliminary Notification under Section-11(1)

Notification No. 04 of 2023

Dated 04-08-2023.

Whereas, the formal indent has been placed by the Executive

Engineer PMGSY Division Pulwama vide his No. EE/PMGSY/PUL/

203-04 dated 20-04-2021 submitted to this Collectorate for land

measuring 07 Marlas 05 Sirsai at Village Mughal Pora Charat Tehsil

Pulwama for Acquisition of Additional Land for Construction of PMGSY

Road from Tenghar to Takiya.

Whereas, it appears to the Collector that an area of land measuring

07 Marlas 05 Sirsai is required in Village Mughal Pora Charat Tehsil

Pulwama District Pulwama for public purpose, namely Acquisition of

Additional Land for Construction of PMGSY Road from Tenghar to

Takiya.

Whereas, Social Impact Assessment study was carried out by SIA

committee constituted by District Collector Pulwama Vide No. DCP/

LA/2020/610-30 Dated 25-08-2020 as laid down under rule 4 of the

said Act and a detailed Social Impact Assessment Report has been

submitted through Tehsildar Pulwama vide his No. TP-OQ/62 Dated

15-04-2023 which is as under :—

The proposed acquisition of land for the said project serves

the public purpose as it will help farmers in day to day farming

activities.

There is no unutilized land which has previously been acquired

in the area for this purpose.

560 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

That no water supply scheme/pipeline is affected by the proposed acquisition.

Irrigation faculties to the farmers are not affected by the proposed acquisition.

Agricultural activities are not affected by the purposed acquisition.

RD Act is not violated by the proposed acquisition.

No forest area is involved in the proposed land acquisition.

The Committee submitted that the road serves the public purpose be considered and submitted to the District

Collector Pulwama vide this office No. DCP/Coll/2023/75 dated 02-06-2023 for its acceptance and authorization for

issuance of the notification under Section 11(1) for the said Act. The District Collector has authorized to the undersigned

for the issuance of the said notice vide No. DCP/LA/2023/117-18 dated 07-07-2023.

Therefore, it is notified that a piece of land measuring 07 Marlas 05 Sirsai of standard measurement, whose

detailed description is given hereunder needs to be acquired for public purpose namely Acquisition of Additional Land

for Construction of PMGSY Road from Tenghar to Takiya.

Survey

Type of Title

Type of Land

Area under

Name and address of

Boundaries

No. No.

Acquisition

the person interested

—————————————————————————————————————————————————

K. M. S.

227 min

Proprietary

Abi-Awal

00–07–05

Gh. Nabi Sheir

236 224 228 226

holder 4 M 2 Sirsai

and Shamim Ahmad

and others Sons of

Abdullh 3 M 3 Sirsai

No. 25 ] The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945. 561

Trees

Structures

Variety

Number

Type

Plinth

Fruit bearing

Apple

Nil

Non fruit bearing

Nil

popular Bren, willow

This notification is made under the provisions of Section 11(1) of the Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30/2013).

It is further notified under Section 11(4) of the Act, that no person shall make any transaction of land/structure

i. e., sale/purchase, etc., or create any encumbrances on such land from the date of publication of such notification

without prior approval of the Collector. Objections to the acquisition, if any, may be filed by the person interested within

60 (Sixty) Days from the date of publication of this notification as provided under Section 15 of the Act before Collector

Land Acquisition (Assistant Commissioner Revenue) Pulwama and any objection filed beyond proper timeline shall not

be entertined.

(Sd.)

AIJAZ AHMAD SHAH (JKAS),

Collector Land Acquisition

Assistant Commissioner (Rev.)

————

562 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE,

REASI.

State

V/s.

Anil Kumar

FIR No. 192/2017 of Police Station, Reasi

File No. 209/Challan

DOI : 23-09-2017

DOD

: 09-08-2023

GENERAL WARRANT OF ARREST UNDER SECTION 299 Cr. PC.

The SHO Police Station, Reasi

Through APP Reasi.

Whereas, the accused namely Anil Kumar S/o Rakesh Kumar

R/o Kapoori Gate, Tehsil Batala, District Gurdaspur, Punjab who is

facing trial before this Court has absconded and his immediate arrest

in the near future is not possible and the bail bonds and the personal

bonds stand forfeited.

As such the general warrants of arrest under Section

299 Cr. PC are issued against the above named accused. This is to

authorize you to arrest the accused wherever he is found and produce

the accused before the Court. The general warrant of arrest shall remain

in existence till the accused is arrested and the warrants are recalled

by the Court.

Given under my hand and the seal of the Court, this 09th day

of August 2023.

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

Chief Judicial Magistrate,

Reasi.

—————

NOTIFICATION

I, CT (GD) Bishwa Nath (Personal No. 12090151) S/o Sh. Duni

Chand R/o Village Khwaskhan, P.O Dhrap Kothen, District Jammu

No. 25 ] The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945. 563

state that my name has wrongly been written as Biawa Nath instead

of correct name Bishwa Nath in my service book. 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

My mother’s name was mistakenly written as Ishrat Jan instead

of Eshrat Naz on my 12th Pass Marks Card under Roll No. 13702213

through (CBSE). Now, I want to change.

Mohd Faizan Khan

S/o Javed Ahmad Khan

R/o Nillow The. Kulgam District Kulgam.

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.

————

564 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

NOTIFICATION

I, Danesh Kumar Gupta (Old Name), S/o Late Sh. Sham Lal

Mahajan R/o H. No. 27, B/B, Gandhi Nagar, Jammu—180004 (JKUT)

has changed my name from Danesh Kumar Gupta (Old Name) to

Dinesh Kumar Gupta (New Name). I do hereby assume from this date

the name surname Dinesh Kumar Gupta (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, Rajinder Kumar S/o Mohan Lal Braroo R/o H. No. 147, Lane

No. 4, Anand Nagar, Bohri, Jammu—180002 J&K do hereby declare

that I have changed my name from Rajinder Kumar to Rajinder Kumar

Braroo. That I further declare that both the names as mentioned herein

above belong to one and same person i. e., myself.

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. 25 ] The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945. 565

NOTIFICATION

I, Amandeep Kour D/o Jasbir Singh R/o H. No. 68, Gujral

Eanclave Camp Road, Talab Tillo, Jammu state that my father’s

name has wrongly been written as Mohinder Kour instead of correct

Name Jasbir Singh in my PAN Card bearing No. DERPK7724H. Now,

I am applying for correction fo the same.

Amandeep Kour

D/o Jasbir Singh

R/o House No. 68, Gujral

Enclave Camp Road, Talab Tillo,

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.

————

NOTIFICATION

I, Suman Bala W/o Devender Kumar R/o H. No. 22, Sec-5,

Shankar Colony, PO Gangyal, Jammu, J&K—180010 declare that my

name is wrongly mentioned as Suman in my daughter’s (Vanshika

D.O.B. 19-11-2009) Birth Certificate instead of my correct name as

Suman Bala as per my Aadhaar Card. Now, I am applying for

correction. of my name in her Birth Certificate.

It is certified that I have complied with other legal requirements

in this connection.

566 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

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

Through the medium of this notice, I Sachin Kumar Vaishya, do

hereby notify the change in my surname that my former name

Sachin Kumar Vaishy be substituted and read now onwards as Sachin

Kumar Vaishya, as adopted for all purposes. I also declare that I shall

at all times hereafter in all records, deeds and writings and

in all proceedings, dealings and transactions private as well as public

and upon all occasions whatsoever use and sign the name of

Sachin Kumar Vaishya as my name in place of and in substitution of

my former name Sachin Kumar Vaishy.

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. 25 ] The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945. 567

NOTIFICATION

I, Sohit Sharma S/o Devi Dayal R/o Bharda Kalan Tehsil Akhnoor

District Jammu, UT J&K declare that my father’s name was

erroneously recorded as Devi Dayal Sharma in my school records,

Matriculation certificate/Marks sheet of Central Board of Secondary

Education (CBSE) Board) instead of correct name Devi Dayal. Now,

I am applying for the correction of same from CBSE Board and school.

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, Ram Piari W/o Sat Paul R/o H. No. 326, Sec-3, Extension

Vasant Vihar, Ward No. 53, Trikuta Nagar, Jammu state that my name

has wrongly been written as Rani Devi instead of Ram Piari in my

Aadhaar Card bearing No. 658090963369. PAN Card bearing No.

EBUPD6447P and Voter Card bearing No. LNKO793182. 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.

————

568 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

NOTIFICATION

I, Laiq Ahmed Butt S/o Sh. Mohd Abdullah Butt R/o Chirag Colony,

Bathindi Morh, Channi Rama, Jammu do hereby declare that my name

in inadvertentenly written in my Aadhaar Card as Shokath Ahmed Wani

instead of correct name Laiq Ahmed Butt. That my correct name is

Laiq Ahmed Butt as per other documents. Now, I am applying for

correction.

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, Harpreet Kour D/o Hans Raj R/o Chandhali, Sarthal, Kishtwar

declare that my name is wrongly written in PAN Card bearing No.

DIJPA1972D as Aarti Aryan instead of correct name Harpreet Kour.

So I am applying for the correction of the 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.

————

No. 25 ] The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945. 569

NOTIFICATION

I, Mohd Zaffer father of Mohd. Imran Azad R/o Village Chak

Sarkari, P.O. Qila Parhal, Tehsil Qiladarhal, District Rajouri, declare that

my names was wrongly written as MD Zaffar in 10th Class Marksheet

of my son Mohd. Imran Azad (CBSE) Roll No. 13128165. Registration

No. C122/24919)0085) instead of my correct name i. e., Mohd. Zaffer

which appears in Domicile Certificate of my said son i. e., Mohd Imran

Azad and in my all other documents. My correct name is Mohd. Zaffer

which may be corrected in marksheet of my said son. Now, I am

applying for correction of my 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, Priya Dubey W/o Sh. Naresh Kumar Sharma R/o Ward No. 04

Ramgali, Reasi hereby affirm and confirm that in school record of my

minor son namely Vaibhav Sharma and his Date of Birth of 02-01-2008

in his K.V. School Jyotipuram my name is written as Priya Sharma that

is wrong so I have to change my name to Priya Dubey instead of Priya

Sharma in my son Vaibhav Sharma’s School record.

It is certified that I have complied with other legal requirements

in this connection.

570 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

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, Bavrica Kour Sudan D/o Ranjeet Singh R/o Trilokpur Camp, Gol

Gujral, Jammu declare that my Father’s name is wrongly written in my

10th and 12th CBSE Marksheet as Ranjeet Singh Sudan. The correct

name is Ranjeet Singh. Now, I am applying for the 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, Pardeep Singh S/o Sham Singh R/o Village Manzgam, Tehsil

D.H. Pora, District Kulgam, Kashmir A/P Dhoke Waziran, Nagrota,

Jammu declare that my name is inadvertently written in my son Jaideep

Singh’s CBSE marks certificate as Pardeep Jamwal instead of correct

name Pardeep Singh, Now applying for correction for the same vide

affidavit No. IN-JK27426302696642V dated 29-04-2023, concerned

please note.

No. 25 ] The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945. 571

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

My name in my Passport bearing PP No. E-1298629 has been

wrongly entered as Bhat Dilshada instead of Dilshada Akhter. Now, I

am applying for its correction.

It is certified that I have complied with other legal requirements

in this connection.

Dilshada Akhter C/o Mohammad Sayar Ganie

R/o Chanapora, Nowshera, Srinagar.

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.

————

572 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

NOTIFICATION

I, Tripta Sharma W/o Jagdish Kumar R/o Khour Camp Tehsil

Khour District Jammu do hereby declare that my name has been

wrongly written in my daughter (Sonia Sharma) transfer certificate

issued by Kendriya Vidyalaya Sangathan, Air Force Station Nasik, Ojhar

as Tripta Devi instead of my correct name Tripta Sharma as per

Part II order Aadhaar Card, Domicile Certificate, PAN Card and other

documents etc., vide Affidavit No. IN-JK53221190316851V dated 09-

09-2023 attested at Court, Akhnoor.

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, Prabh Dayal Sharma S/o Late Sh. Mansa Ram R/o H. No. 162,

W. No. 13, Bishnah P/O Bishnah, Tehsil Bishnah District Jammu J&K

UT have applied for the correction of my wife’s name which has

wrongly been written in my Joint Bank Account No. 02150401000021664

stands on my name with the J&K Bank Ltd., Branch Office Bishnah

as Shakuntla Devi instead of Shkuntala Devi Sharma. Now, I am going

to apply for the correction of the same.

It is certified that I have complied with other legal requirements

in this connection.

No. 25 ] The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945. 573

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, Vijaylaxmi Mahant D/o Krishna Dass Mahant, Mother’s name

Santoshi Bhai R/o Birpur, Samba, Jammu and Kashmir–181133 state

that my name and my father’s name has wrongly been written as Vijay

Lakshmi instead of Vijaylaxmi Mahant and father’s name has wrongly

been written as Krishan Dass instead of Krishna Dass Mahant in my

Aadhaar Card bearing No. 982684740037. 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.

————

574 The J&K Official Gazette, 21th September, 2023/30th Bhad., 1945.

[ No. 25

NOTIFICATION

In Aadhaar Card records under Aadhaar Card No. 382059326464

my name has been recorded as Mohammad Maqbool Rather instead

of Danish Maqbool Rather as per election card and other documents.

Now, I awant to correct the same.

Danish Maqbool Rather

S/o Ghulam Nabi Rather

Cell No. 9906915121

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, Shamshada Begum W/o Shokwat Ali R/o Momenabad, Bathindi,

Jammu-181152 state that my name has wrongly been written as Shamad

Begum instead of correct name Shamshada Begum in my Aadhaar Card

bearing No. 678008507402. 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.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol. 135] Jammu, Thu., the 23rd Feb., 2023/4th Phal., 1944. [No. 47-b

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

separate compilation.

PART I—B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT, J&K.

Notification

Jammu, the 23rd February, 2023.

SO-99—Whereas, on 01-09-2022, a reliable information was

received by the Police Station, CIK, Kashmir, to the effect that handlers

of terrorist and secessionist organizations sitting in Pakistan in criminal

conspiracy with the members of prescribed terrorist organizations

operating in the UT of J&K, have created a module of overground

workers for aiding, abetting, assisting, harbouring and providing logistic

support to the terrorists and secessionist organization with the intention

to further terrorist and unlawful activities in the UT of J&K and to

The J&K Official Gazette, 23rd Feb., 2023/4th Phal., 1944. [No. 47-b

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

wage war against the Government of India, besides, the perpetrators are

primarily switching to encrypted internet messaging platforms and other

software applications to stay in touch with the members of terrorist

organizations while maintaining secrecy with adversary ; and

2. Whereas, based on the above, a Case FIR No. 16/2022 under

sections 13, 18, 19, 38, 39, 40 of ULA (P) Act and 120-B, 121 IPC

was registered in the Police Station, CIK, Kashmir, and the investigation

of the case was set into motion. Subsequently, during the investigation,

the offences under sections, 19 and 40 of ULA (P) Act were dropped

from the case ; and

3. Whereas, during the investigation, two persons namely Umar

Mushtaq Khan S/o Mushtaq Ahmad Khan R/o Begum Bagh, Pulwama

and Murtaza Rashid Dar @ Rameez S/o Abdul Rashid Dar R/o Sambora,

Kakapora, were found involved in the commission of contact with a

Pakistani based terrorist of JeM banned outfit namely Ali Kashif Jan

@ Jan Ali Kashif @ Ilyas Kashif S/o Gowhar Ali R/o Doisrah,

Charsadda, Khyber, Pakhtunwa, Pakistan, through the social media. The

accused viz. Umar Mushtaq Khan, on the directions of accused viz.

Murtaza Rashid Dar @ Rameez, procured 02 Pistols, 02 hand grenades

and 30 9 MM live rounds from a car washing service ramp on Srinagar-

Pulwama road near Samboora and handed over the same to an unknown

terrorist at Pahoo bridge, Pulwama ; and

4. Whereas, during the investigation, one more person namely

Sajad Ahmad Dar S/o Gh. Nabi Dar R/o Dethu, Herpora, Anantnag,

was found involved in the commission of crime. Subsequently, the said

accused was also arrested and it was found that he crossed the LOC

in the year 2002 for obtaining illegal arms/ammunition and returned in

the year 2014. The accused was subsequently, arrested by the Police

and after release he came in contact with a Pakistan based terrorist of

TuM banned outfit namely Khalid Saifullah, and on his directions the

accused viz Sajad Ahmad Dar, procured 01 Pistol with magazine, 02

hand grenades and 08 rounds from an unknown person at Qaimoh and

handed over the same to some unknown terrorists on the directions of

the said Pakistan based terrorist; and

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

accused viz. Umar Mushtaq Khan, Murtaza Rashid Dar @ Rameez and

Sajad Ahmad Dar, were in contact with the Pakistan based terrorists

No. 47-b]

The J&K Official Gazette, 23rd Feb., 2023/4th Phal.,1944.

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

namely Ali Kashif Jan @ Jan Ali Kashif @ Ilyas Kashif and Khalid

Saifullah, through the social media and were working for them in order

to promote terrorist activities, beside, under a well knit criminal conspiracy

procured arms/ammunition and hand grenades from some unknown

persons for further distribution among the terrorists for carrying out the

terrorist activities in the valley and to wage war against the Government

of India ; and

6. Whereas, the investigation, of the case shall continue to ascertain

the identity of the other accused and to bring out their role/involvement

in the case and the supplementary charge sheet against them would be

filed in the court of competent jurisdiction ; and

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

witnesses recorded and other evidence collected, the Investigating Officer,

has established a prima facie involvement of the below mentioned

accused for the commission of offences punishable in terms of the

provisions of the Unlawful Activities (Prevention) Act, 1967, and Indian

Penal Code, as shown against their names :—

S. No.

Name of the accused

Offence

——————————————————————————————

Umar

Mushtaq Khan S/o Mushtaq

13,18,38,39

Ahmad Khan R/o Begum Bagh,

ULA (P) Act

Pulwama.

121 IPC.

Murtaza Rashid Dar @ Rameez S/o

Abdul

Rashid Dar R/o Sambora,

Kakapora.

Sajad Ahmad Dar S/o Gh. Nabi Dar

R/o Dethu, Herpora, Anantnag.

Ali Kashif Jan @ Jan Ali Kashif @ Ilyas

18,38

Kashif S/o Gowhar Ali R/o Doisrah,

ULA (P) Act.

Charsadda, Khyber, Pakhtunwa,

Pakistan.

8. Whereas, the accused viz. Ali Kashif Jan @ Jan Ali Kashif

@ Ilyas Kashif, is absconding and the proceedings under section 299

Cr.PC. have been proposed to be initiated against him ; and

9. Whereas, the Authority appointed by the Government under

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

The J&K Official Gazette, 23rd Feb., 2023/4th Phal., 1944. [No. 47-b

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

Act, 1967, has independently examined the Case Diary file and all the

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

conclusion that a prima facie case is made out against the above accused

; and

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

documents and also taking into consideration the views of the Authority

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

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

sufficient material and evidence available against the above mentioned

accused for their prosecution under the provisions of law ; and

11. Whereas, the Government has independently examined the

Case Diary file and all the other relevant documents relating to the case

and has come to the conclusion that a prima facie case is made out

against the above accused under the aforementioned provision of the

Indian Penal Code (IPC).

Now, therefore, in exercise of the powers conferred by Sub-Section

(2) of Section 45 of the Unlawful Activities (Prevention) Act, 1967,

and Section 196 of the Code of Criminal Procedure, 1973, the

Government hereby accord sanction for launching prosecution against

the accused viz Umar Mushtaq Khan, Murtaza Rashid Dar @ Rameez,

Sajad Ahmad Dar and Ali Kashif Jan @ Jan Ali Kashif @ Kashif,

for the commission of offences punishable under the relevant Sections

as indicated against the each accused at Para (7) above, arising out of

FIR No. 16/2022 of Police Station, CIK, Srinagar.

By order of the Government of Jammu and Kashmir.

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

Financial Commissioner/

Additional Chief Secretary.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 135] Jammu, Fri., the 3rd March, 2023/12th Phal., 1944. [ No. 48-h

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

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

separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT, J&K.

Notification

Jammu, the 3rd March, 2023.

SO-110.—Whereas, on 05-01-2021, the Police Station, Kakapora,

received a docket to the effect that during the search of a missing person

namely Akeel Ahmad Lone S/o Mohd Abdullah Lone R/o Lalhar, Kakapora,

EXTRAORDINARY

REGD. NO. JK–33

The J&K Official Gazette, 3rd March, 2023/12th Phal., 1944. [No. 48-h

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

who got missing from his home on 05-12-2020, and it was learnt that the

said missing person has joind the terrorist ranks of LeT banned outfit for

carrying out terrorist activities ; and

Whereas, based on the above, a Case FIR No. 01/2021 under

Section 121 IPC and Sections 18, 38 of ULA (P) Act, was registered in the

Police Station,Kakapora, and the investigation of the case was set into

motion. Subsequently, during the investigation, the offences under Sections

121 IPC and Section 18 of ULA (P) Act were dropped and the offence

under Section 20 of ULA (P) Act, was added in the case ; and

Whereas, during the course of investigation, the site plan of the

place of occurrence and the seizure memos were prepared and the

statements of witnesses acquainted with the facts and circumstances of

the case were recorded under the relevant provisions of law ; and

Whereas, during the investigation, it was found that the accused

viz. Akeel Ahmad Lone, was arrested by Pulwama Police during an

encounter at Lelhar, Kakapora on 30-01-2021, for which a separate Case

FIR No. 05/2021 stands registered in Police Station,Kakapora and the said

accused is presently facing trial in the said case ; and

Whereas, during the investigation, it was established

that the accused viz. Akeel Ahmad Lone, got missing from his home on

05-012-2020, and joind the terrorist ranks of LeT banned outfit for carrying

out the terrorist activities in the area ; and

Whereas, on the basis of the investigation, the statement of

witnesses recorded and other evidence collected, the Investigating Officer

has established a prima facie, involvement of the below mentioned

accused for the commission of offences punishable in terms of the

provisions of the Unlawful Activities (Prevention) Act, 1967, as shown

against his name :—

Name of the accused

Offence

No.

—————————————————————————————

1. Akeel Ahmad Lone S/o Mohd Abdullah

20, 38 of

Lone R/o Lelhar, Kakapora, Pulwama.

ULA (P) Act.

No. 48-h] The J&K Official Gazette, 3rd March, 2023/12th Phal., 1944.

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

Whereas, the Authority appointed by the Government under

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention) Act,

1967, has independently examined the Case Diary File and all the other

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

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

Whereas, after perusing the Case Diary File, the relevant

documents and also taking into consideration the views of the Authority

appointed under Sub-Section (2) of Section 45 of the Unlawful Activities

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

material and evidence available against the above-mentioned accused for

his prosecution under the provisions of Law.

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

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Akeel Ahmad Lone for the

commission of offences punishable under Sections 20 and 38 of ULA (P)

Act, arising out of FIR No. 01/2021 of Police Station, Kakapora.

By order of the Government of Jammu and Kashmir.

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

Financial Commissioner/

Additional Chief Secretary.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 135] Jammu, Fri., the 3rd March, 2023/12th Phal., 1944. [ No. 48-j

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

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

separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT, J&K.

Notification

Jammu, the 3rd March, 2023.

SO-112.—Whereas, on 17-10-2022, the Police Station, Karnah,

received a docket to the effect that one person identified as Mohammad

Shafi Sheikh S/o Aksar-u-Din Sheikh R/o Hajitarah, Karnah, has been

working as Over Ground Worker (OGW) for the terrorists of LeT banned

outfit and procured illegal arms/ammunition from them in order to distribute

the same among the other terrorists for carrying out the terrorist activities

in the area ; and

EXTRAORDINARY

REGD. NO. JK–33

The J&K Official Gazette, 3rd March, 2023/12th Phal., 1944. [No. 48-j

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

Whereas, based on the above, a Case FIR No.76/2022 under

section 7/25 Arms Act, 13, 23 and under Section 39 of ULA (P) Act, was

registered in the Police Station,Karnah, and the investigation of the case

was set into motion ; and

Whereas, during the investigation, the accused viz. Mohammad

Shafi Sheikh, was arrested in the case and during investigation arms/

ammunition viz. 01 Pistol with magazine, 11 rounds and 02 hand grenades

were recovered at his instances ; and

Whereas, during the investigation, the seizure memos were

prepared and the statement of witnesses acquainted with the facts and

circumstances of the case were recorded under the relevant provisions of

law ; and

Whereas, during investigation, it was established that the accused

viz. Mohammad Shafi Sheikh, was working as Over Ground Worker (OGW)

for the terrorists of LeT banned outfit and under well knit criminal conspiracy

was providing logistic support to them, besides, procured illegal arms/

ammunition from across the border for further distribution among the other

terrorists for carrying out the terrorist activities in the area ; and

Whereas, on the basis of the investigation, the statement

of witnesses recorded and other evidence collected, the Investigating

Officer has established a prima facie involvement of the below mentioned

accused for the commission of offences punishable in terms of the

provisions of the Unlawful Activities (Prevention) Act, 1967, as shown

against his name :—

S. No.

Name of the accused

Offence

—————————————————————————————

Mohammad Shafi Sheikh S/o Aksar-ud-Din

13, 23, 39 of

Sheikh R/o Hajitarah, Karnah.

ULA (P) Act.

Whereas, the Authority appointed by the Government under

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, has independently examined the Case Diary File and all the

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

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

No. 48-j] The J&K Official Gazette, 3rd March, 2023/12th Phal., 1944.

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

Whereas, after perusing the Case Diary File, the relevant

documents and also taking into consideration the views of the Authority

appointed under Sub-Section (2) of Section 45 of the Unlawful Activities

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

material and evidence available against the above-mentioned accused for

his prosecution under the provisions of Law.

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

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Mohammad Shafi Sheikh, for the

commission of offences punishable under Sections 13, 23 and 39 of ULA

(P) Act, arising out of FIR No. 76/2022 of Police Station, Karnah.

By order of the Government of Jammu and Kashmir.

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

Financial Commissioner/

Additional Chief Secretary.

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––FINANCE DEPARTMENT,

JAMMU/SRINAGAR

Notification

Jammu, the 14th of March, 2023.

SO-138.—In exercise of the powers conferred by proviso to

Article 309 of the Constitution of India, the Lieutenant Governor is pleased

to direct that the Schedule appended to Jammu and Kashmir Excise and

Commercial Taxes (Departmental Examination ) Rules, 2006 notified vide

Notification SRO-140 dated 21st of April, 2006 shall be substituted by the

Schedule appended to this notification.

This notification shall come into force with immediate effect.

By order of the Lieutenant Governor.

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

Secretary,

Finance Department.

—————

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

Vol. 135] Jammu, Tue., the 14th March, 2023/23rd Phal., 1944.[No. 49-n

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

separate compilation.

PART III

Jammu and Kashmir Government––Notifications.

———–

The J&K Official Gazette, 14th Mar., 2023/23rd Phal., 1945. [No. 49-n

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

SCHEDULE

Syllabus for the Departmental Examinations

1. Excise and Taxation Part I Examination

PAPER-A

Marks-100

Time 3 hours

i. J&K Excise Act, Samvat 1958, and Rules thereunder provisions

relating to grant, recall/cancellation of license, duties imposable and

import-export and transport of liquor.

ii. Schedule of Rates prescribed under J&K Excise Act, and the rules

thereunder.

iii. The Jammu and Kashmir Liquor License and Sales Rules, 1984.

iv. The Jammu and Kashmir Public Warehousing of Liquor and

Intoxicating Drug Rules, 1970.

v. The Oaths Act, 1969.

PAPER-B

Marks-100

Time 3 hours

i. Central Goods and Services Tax Act, 2017.

ii. Jammu and Kashmir Goods and Services Tax Act, 2017 and the

rules made thereunder.

iii. J&K Motor Spirit and Diesel Oil (Taxation of Sales) Act, Samvat

2005 and the rules made thereunder ( Provisions relating to definitions,

Levy of Tax and Licensing).

iv. Fundamentals of Accounting : Functions, Necessity and Principles

of Accounting, Fundamentals of Double Entry System - General

Principles, Fundamental knowledge of popular accounting software

like Tally, Busy, Marg etc.

v. Incidence of Tax, Taxation Laws-Direct and Indirect, Indian Tax

System, Tax Planning, Tax Evasion, Tax Avoidance.

No. 49-n] The J&K Govt. Gazette, 14th Mar., 2023/23rd Phal., 1945.

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

PAPER-C

Marks-100

Time 3 hours

i. Constitution of India (Part I to IVA).

ii. The Right to Information Act, 2005.

iii. Elementary Knowledge of IT like Software, Hardware and

Programming.

iv. Types of Computer networks and their uses, Office applications like

Microsoft Word, Excel, PowerPoint, Internet Browsers etc.

v. J&K Govt. Employees (Conduct) Rules, 1971.

vi. Language Test (Ability to Read and write in English in discharge of

official obligations).

2. Excise and Taxation Part II Examination

PAPER-A

Marks-100

Time 3 hours

i. The Indian Evidence Act, 1872.

ii. The Code of Criminal Procedure, 1973 (Chapters : 2, 3, 4, 5, 6, 7,

9, 15, 16, 23, 32, 33, 34, 35 & 36).

iii. The Indian Penal Code, 1860 (Chapters : 6, 9, 10, 11, 12, 13, 14,

17, 18 & 22).

PAPER-B

Marks-100

Time 3 hours

i. J&K Excise Act, Samvat 1958, and Rules thereunder.

ii. J&K Brewery Rules, Samvat 2003.

iii. J&K Distillery Rules, Samvat 2003.

iv. Narcotic Drugs and Psychotropic Substances Act, 1985.

v. The Jammu and Kashmir Public Safety Act, 1978.

vi. Clauses of Public Safety Act pertaining to liquor matters.

The J&K Official Gazette, 14th Mar., 2023/23rd Phal., 1945. [No. 49-n

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

PAPER-C

Marks-100

Time 3 hours

i. Constitution of India (Parts : V, VI, VIII, IX, IXA, IXB).

ii. Concept and types of Indirect Tax; Right to impose indirect tax by

Centre (Union)/State and Union Territory Governments before and

after 101st Amendment of the Constitution of India; Introduction of

GST in India, Tax Planning, Prevention of Tax Evasion and Tax

Avoidance under GST.

iii. Jammu and Kashmir Goods and Services Tax Act, 2017 and the

rules made thereunder.

iv. Central Goods and Services Tax Act, 2017.

v. Integrated Goods and Services Tax Act, 2017.

vi. The Goods and Services Tax (Compensation to States) Act.

vii. E-waybill System, mode of generation and conditions for movement

of goods under GST/Law, Role of CBIC, GST Network and National

Informatics Centre.

viii. J&K Motor Spirit and Diesel Oil (Taxation of Sales) Act.

PAPER-D

Marks-100

Time 3 hours

i. Medicinal and Toilet Preparation (Excise Duty) Act, 1956 and rules

made thereunder.

ii. The Jammu and Kashmir Public Services Guarantee Act, 2011.

iii. The Public Records Act, 1993.

iv. The Registration Act, 1908.

v. The Limitation Act, 1963.

vi. The Code of Civil Procedure, 1908—

(a)

Order V - Issue and service of summons.

(b)

Order XVI - Summoning and attendance of witnesses.

(c)

Sec. 60 to 63 read with Order XXI.

(d)

Order XIX - Affidavits.

(e)

Order XXVI - Commissions - Rules 1 to 18 only.

(f)

Order XL VII - Review.

No. 49-n] The J&K Govt. Gazette, 14th Mar., 2023/23rd Phal., 1945.

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

PAPER-E

Marks-100

Time 3 hours

i. Accounting Basics, Books of Accounts, revenue, expenses, assets

and liabilities, depreciation and auditing.

ii. Accounting Principles—

a. Concepts and Conventions.

b. Cash and Mercantile Systems.

iii. Accounting of Bank transactions, bill transactions, preparation of

bank reconciliation statements.

iv. Preparation of Trial Balance, Errors disclosed by Trial Balance and

errors not disclosed by Trial Balance - rectification of errors.

v. Preparation of final accounts i.e. manufacturing, trading and profit

and loss accounts and balance Sheet.

vi. E-commerce and its Technological Aspects.

vii. Digital Payment Systems : POS, UPI, Mobile wallets, Internet

Banking, Micro ATMs etc.

viii. Computer applications : Introduction to Computer, DOS, Operating

Systems (Windows/Linux), Word Processing in detail, Spreadsheet

(Excel) in Detail, Presentation in MS-PowerPoint or equivalent,

Outlook Express, Front Page, MS Access, System Tools, Virus etc.

3. Excise and Taxation Part III Examination

PAPER-A

Marks-100

Time 3 hours

i. The Transfer of Property Act, 1882.

ii. The Indian Partnership Act, 1932.

iii. The Indian Easements Act, 1882.

iv. Indian Companies Act, 2013 and the rules thereunder.

v. Hindu Law—

o Womens Property Stridhan.

o Coparcener and Coparcenary Property (Metakshara Law).

The J&K Official Gazette, 14th Mar., 2023/23rd Phal., 1945. [No. 49-n

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

PAPER-B

Marks-100

Time 3 hours

i. The General Clauses Act, 1897.

ii. The Sale of Goods Act, 1930.

iii. Jammu and Kashmir Goods and Services Tax Act, 2017 and the

rules made thereunder.

iv. Central Goods and Services Tax Act, 2017.

v. Integrated Goods and Services Tax Act, 2017.

vi. The Goods and Services Tax (Compensation to States) Act.

vii. The Contempt of Courts Act, 1971.

viii. The Jammu and Kashmir Regulation of Accounts Act, Samvat 2001.

ix. The Court Fees Act, 1870.

PAPER-C

Marks-100

Time 3 hours

i. J&K Civil Services Regulations Vol. I.

ii. J&K Financial Code Vol. 1 Chapters I to VII.

iii. J&K Civil Services (Classification, Control and Appeal) Rules, 1956,

Public Financial Management System.

v. Overview of GFR 2017.

vi. Stamps Act, 1977.

No. 49-n] The J&K Govt. Gazette, 14th Mar., 2023/23rd Phal., 1945.

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

PAPER-D

Marks-100

Time 3 hours

i. Public Administration- Concept and Scope.

ii. Latest trends in Public Administration.

iii. Administrative Ethics and Corruption.

iv. Accountability in public administration and responsive administration.

v. Single line administration.

vi. Panchayati Raj Act, 1989 and Rules made thereunder.

vii. Office Management/Official Communication/Govt. SROs , e-office,

Record Management, Leadership and Motivation, Supervisory Skills.

viii. The Prevention of Corruption Act, 1988.

PAPER-E

Marks-100

Time 3 hours

i. The Indian Contract Act, 1872.

ii. Constitution of India (Parts : XI, XIl, XIII, XIV, XIV A, XV, XX).

iii. Amendment Process to the Constitution - Centralization vs

Decentralization - Community Development Programs- Balwant Rai

Mehta, Ashok Mehta Committee.

iv. 73rd and 74th Constitutional Amendment Acts and their

Implementation.

The J&K Official Gazette, 14th Mar., 2023/23rd Phal., 1945. [No. 49-n

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

PAPER-F

Marks-100

Time 3 hours

i. Computer Applications—

MS Window ....

MS Office

MS Excel

MS PowerPoint

Email, internet and intranet

ii. Overview of budgeting, Types of budgets, Approaches to budgeting,

Preparing a budget, Budgetary control. NITI Aayog; Evolution and

Objectives of NITI Aayog and its achievements. Economic Reforms

in India. Concept of MIS, JKCPIS, Beams, JKPaySys, GeM portals

etc.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 135] Jammu, Fri., the 17th March, 2023/26th Phal,. 1944. [No. 50-i

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

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

as a separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT, J&K.

Notification

Jammu, the 17th March, 2023.

SO–153.—Whereas, on 26-02-2021, the Police Station, Kupwara,

received a docket to the effect that a reliable information was received

that three persons identified as Mohammad Ramzan Rather @ Rameez

S/o Ab. Ahad Rather, Ajaz Ahmad Sofi S/o Gh. Mohiudin Sofi and Javid

Ahmad Rather S/o Mohammad Ramzan Rather Rs/o Bramri, Kupwara,

are working for the terrorists and are planning to join the militancy for

EXTRAORDINARY

REGD. NO. JK––33

The J&K Official Gazette, 17th March, 2023/26th Phal,. 1944. [No. 50-i

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

carrying out the terrorist activities and to wage war against the

Government of India. Subsequently, a Joint Naka was established at

Behamma, and during the checking the accused were arrested. During

their personal search, the Police recovered some incriminatory material

from their possession respectively ; and

2. Whereas, based on the above, a Case FIR No. 48/2021 under

Sections 121-A, 122 IPC, and Section 13 of ULA (P) Act, was

registered in the Police Station, Kupwara and the investigation of the

case was set into motion. Subsequently, during the investigation, the

offences under Section 122 IPC was dropped and the Section 38 of

ULA (P) Act was added in the case ; and

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

place of occurrence and the seizure memos were prepared and the

statements of witnesses acquainted with the facts and circumstances

of the case were recorded under the relevant provisions of law ; and

4. Whereas, during the investigation, the accused viz. Mohammad

Ramzan Rather @ Rameez, Ajaz Ahmad Sofi and Javid Ahmad Rather,

were found in contact with the terrorists of LeT/MJF and TM outfits

and were working for them in order to promote terrorist activities in

the area ; and

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

accused viz. Mohammad Ramzan Rather @ Rameez, Ajaz Ahmad Sofi

and Javid Ahmad Rather, were associated with the terrorist organization

of LeT/MJF and TM outfits for carrying out the unlawful activities and

to wage war against the Government of India ; and

6. Whereas, on the basis of the investigation, the statements of

witnesses recorded and other evidence collected, the Investigating

Officer, has established prima facie involvement of the below

mentioned accused for the commission of offences punishable in terms

of the provisions of the Unlawful Activities (Prevention) Act, 1967, and

Indian Penal Code (IPC) as shown against their name :—

S.No.

Name of accused

Offence

————————————————————————————

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

Mohammad Ramzan Rather @ Rameez

13, 38 of

S/o Ab. Ahad Rather R/o Bramri,

ULA (P) Act,

Kupwara.

121-A IPC.

No. 50-i ] The J&K Official Gazette, 17th March, 2023/26th Phal,. 1944. 3

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

Ajaz Ahmad Sofi S/o Gh. Mohiudin

13, 38 of

Sofi R/o Bramri, Kupwara.

ULA (P) Act,

121-A IPC.

Javid Ahmad Rather S/o Mohammad

Ramzan Rather R/o Bramri, Kupwara.

7. Whereas, the Authority appointed by the Government under

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, has independently examined the Case Diary File and all

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

the conclusion that a prima facie case is made out against the above

accused ; and

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

documents and also taking into consideration the views of the Authority

appointed under Sub-Section (2) of Section 45 of the Unlawful Activities

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

sufficient material and evidence available against the above-mentioned

accused for their prosecution under the provisions of law ; and

9. Whereas, the Government has independently examined the

Case Diary File and all the other relevant documents relating to the case

and has come to the conclusion that prima facie case is made out

against the above accused under the aforementioned provision of the

Indian Penal Code (IPC).

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

Section (2) of Section 45 of the Unlawful Activities (Prevention) Act,

1967, and Section 196 of the Code of Criminal Procedure, the

Government hereby accord sanction for launching prosecution against

the accused viz. Mohammad Ramzan Rather @ Rameez Ajaz Ahmad

Sofi and Javid Ahmad Rather, for the commission of offences punishable

under relevant sections as indicated in Para (6) above, arising out of

FIR No. 48/2021 of Police Station, Kupwara.

By order of the Government of Jammu and Kashmir.

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

Financial Commissioner/

Additional Chief Secretary.

————————————————————————————

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 135] Jammu, Thu., the 23rd, March, 2023/2nd Chai., 1945. [No. 51-d

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

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

as a separate compilation.

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

PART I–B

Jammu and Kashmir Government—Notifications.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT, J&K.

Notification

Jammu, the 23rd March, 2023.

SO–156.—Whereas, on 07-03-2019, an information was received

by the Police Station, Bus Stand, Jammu, to the effect that some

unknown persons lobbed a hand grenade at U-Market, Bus Stand,

Jammu, with the intention to kill and cause damage to the lives of Police/

Security Forces and civilians, resulting in injuries to some civilians and

damage to some vehicles on the spot ; and

EXTRAORDINARY

REGD. NO. JK––33

The J&K Official Gazette, 23rd Mar., 2023/2nd Chai., 1945.

[No. 51-d

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

2. Whereas, based on the above a Case FIR No. 12/2019 under

Sections 307, 325 RPC, 3 Prevention and Suppression of Sabotages Act,

(PSSA) 1965, was registered in the Police Station, Bus Stand, Jammu,

and the investigation of the case was set into motion. During

investigation, two injured persons identified as Mohd Shariq S/o Intizar

R/o Toda, Kalyanpur, Uttrakhand and Rayaz Ahmad Pala S/o Mohd

Amin Pala R/o Akura, Mattan, Anantnag, succumbed to their injuries.

Subsequently, the offences under Section 302, 427, 323 RPC

and Sections 16, 18, 20 and 38 of ULA (P) Act were added in the

case ; and

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

plan of the place of occurrence and the seizure memos were prepared

and the statements of witnesses acquainted with the facts and

circumstances of the case were recorded under the relevant provisions

of law ; and

4. Whereas, during the investigation, one Yasir Javaid Bhat S/o

Javaid Ahmad Bhat R/o Chak Dassan, Yaripora, Kulgam, was found

involved in the commission of crime. Subsequently, the said accused was

arrested in the case and was found in contact with a terrorist of

HM banned outfit namely Farooq Ahmad Bhat @ Umar @ Nalli

S/o Ab. Ganie Bhat R/o Check Dessan, Yaripora, Kulgam, who provided

a hand grenade to the accused viz. Yasir Javaid Bhat, with the directions

to lob the same at Bus Stand, Jammu, in order to promote terrorist

activities in Jammu City ; and

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

accused viz. Yasir Javaid Bhat, was working for the terrorists of HM

banned outfit particularly the terrorist viz. Farooq Ahmad Bhat @ Umar

@ Nalli, and under a well knit criminal conspiracy procured a hand

grenade from the said terrorist and lobbed the same at Bus Stand,

Jammu, which resulted in the death of two civilians ; and

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

witnesses recorded and other evidence collected, the Investigating

Officer, has established prima facie involvement of the below

mentioned accused for the commission of offences punishable in terms

No. 51-d ]

The J&K Official Gazette, 23rd Mar., 2023/2nd Chai., 1945.

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

of the provisions of the Unlawful Activities (Prevention) Act, 1967, as

shown against their name :—

S.No.

Name of the accused

Offence

————————————————————————————

Yasir Javaid Bhat S/o Javaid Ahmad Bhat

16, 18, 20 of

R/o Chak Dassan, Yaripora, Kulgam.

ULA (P) Act.

Farooq Ahmad Bhat @ Umar @ Nalli S/o

18, 20, 38 of

Ab. Ganie Bhat R/o Check Dessan,

ULA (P) Act.

Yaripora, Kulgam.

7. Whereas, the accused terrorist viz. Farooq Ahmad Bhat @

Umar @ Nalli, is absconding and the proceedings under Section 299

Cr. PC have been proposed to be initiated against him ; and

8. Whereas, the Authority appointed by the Government under

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, has independently examined the Case Diary File and all

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

the conclusion that a prima facie case is made out against the above

accused ; and

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

documents and also taking into consideration the views of the Authority

appointed under Sub-Section (2) of Section 45 of the Unlawful Activities

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

sufficient material and evidence available against the above-mentioned

accused for their prosecution under the provisions of law.

Now, therefore, in exercise of the powers conferred by

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Yasir Javaid Bhat and Farooq

Ahmad Bhat @ Umar @ Nalli, for the commission of offences

punishable under the relevant sections of ULA (P) Act, as indicated

against the each accused at Para (6) above, arising out of FIR

No. 12/2019 of Police Station, Bus Stand, Jammu.

By order of the Government of Jammu and Kashmir.

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

Financial Commissioner/

Additional Chief Secretary.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 135] Jammu, Thu., the 23rd March, 2023/2nd Chai., 1945. [No. 51-f

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

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

as a separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT, J&K.

Notification

Jammu, the 23rd March, 2023.

SO–158.—Whereas, on 09-09-2017, the Police Station, Shopian,

received a docket to the effect that a reliable information was received

regarding the presence of some unknown terrorists in the residential

house of one Rouf Ahmad Khanday S/o Nazir Ahmad Khanday R/o

Bunner, Barbug, Imamsahab, Shopian. Subsequently, a Joint Cordon and

Search Operation was launched by the Police/Security Forces and

during the search, the hiding terrorists fired indiscriminately upon the

EXTRAORDINARY

REGD. NO. JK––33

The J&K Official Gazette, 23rd Mar., 2023/2nd Chai., 1945. [No. 51-f

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

Search Party, with their illegal arms/ammunition, with the intention to

kill them, resulting in injuries to one lady namely Mst. Khushboo Jan

D/o Fayaz Ahmad Wagay R/o Hermain, on the spot, the fire was

retaliated, triggering an encounter ; and

2. Whereas, based on the above, a Case FIR No. 239/2017 under

Sections 307, 353 RPC, 7/27 Arms Act and the Section 16 of ULA (P)

Act, was registered in the Police Station, Shopian, and the investigation

of the case was set into motion. Subsequently, during the investigation,

the offence under Section 353 RPC was dropped and the offences under

Section 326 RPC and 19, 20 and 23 of ULA (P) Act, were added in

the case ; and

3. Whereas, during the search, dead bodies of two terrorists later

on identified as Tariq Ahmad Bhat S/o Mohd Ibrahim Bhat R/o Barbug,

Imamsahab, and Mohd Altaf Rather S/o Mohd Maqbool Rather R/o

Awneera, were recovered from the place of encounter and one terrorist

identified as Adil Hussain Dar S/o Nazir Ahmad Dar R/o Chitripora,

was arrested on the spot. During the search arms/ammunition viz. 01

AK 56 rifle, 01 magazine, 14 rounds, 02 SLR Rifles, 03 Magazines,

73 rounds, 01 Pistol, 01 Magazine, 06 rounds and 02 hand grenades were

recovered from the killed/arrested terrorists respectively ; and

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

of the place of occurrence and the seizure memos were prepared and

the statements of witnesses acquainted with the facts and circumstances

of the case were recorded under the relevant provisions of law ; and

5. Whereas, during the investigation, the accused house owner

viz. Rouf Ahmad Khanday, was arrested in the case and was found

working for the terrorists, in order to promote terrorist activities in the

area ; and

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

accused viz. Adil Hussain Dar, was member of terrorist organization

of LeT banned outfit and the other accused viz. Rouf Ahmad Khanday,

was working for the outfit particularly the terrorists viz. Tariq Ahmad

Bhat, Mohd Altaf Rather and Adil Hussain Dar, and was voluntarily

harbouring them for carrying out the terrorist activities in the area ; and

7. Whereas, the accused terrorists namely Tariq Ahmad Bhat and

Mohd Altaf Rather, have been killed in the said encounter with the

Security Forces and the proceedings under the law would abate against

them ; and

No. 51-f ] The J&K Official Gazette, 23rd Mar., 2023/2nd Chai., 1945. 3

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

8. Whereas, on the basis of the investigation, the statement of

witnesses recorded and other evidence collected, the Investigating

Officer, has established prima facie involvement of the below

mentioned accused for the commission of offences punishable in terms

of the provisions of the Unlawful Activities (Prevention) Act, 1967, as

shown against their names :—

S.No.

Name of accused

Offence

————————————————————————————

Rouf Ahmad Khanday S/o Nazir

19 of

Ahmad Khanday R/o Bunner, Barbug,

ULA (P) Act.

Imamsahab, Shopian.

Adil Hussain Dar S/o Nazir Ahmad Dar

16, 20, 23 of

R/o Chitripora, Shopian.

ULA (P) Act.

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

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, has independently examined the Case Diary File and all the

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

conclusion that a prima facie case is made out against the above

accused ; and

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

documents and also taking into consideration the views of the Authority

appointed under Sub-Section (2) of Section 45 of the Unlawful Activities

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

sufficient material and evidence available against the above-mentioned

accused for his prosecution under the provisions of law.

Now, therefore, in exercise of the powers conferred by

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Rouf Ahmad Khanday and Adil

Hussain Dar, for the commission of offences punishable under the

relevant sections of ULA (P) Act, as indicated against the each accused

at Para (8) above, arising out of FIR No. 239/2017 of Police Station,

Shopian.

By order of the Government of Jammu and Kashmir.

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

Financial Commissioner/

Additional Chief Secretary.

EXTRAORDINARY

REGD NO. JK33

—————————————————————————————————

Vol. 135] Jammu, Mon., the 3rdApril, 2023/13th Chai.,1945. [No. 52-i

—————————————————————————————————

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

as a separate compilation.

—————————————————————————————————

PART I—B

Jammu and Kashmir Government—Notifications.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT, J&K.

Notification

Jammu, the 3rd April, 2023.

SO−186.Whereas, on 03-07-2020, the Police Station, Shopian,

received a docket to the effect that a Naka was established at Gagran,

Shopian, and during the checking, a suspect while seeing the Naka Party

tried to escape but was chased down on the spot and identified as Shayak

Hussain Sofi S/o Ab. Hamid Sofi R/o Shamshipora, Shopian, who got

The J&K Official Gazette, 3rd April, 2023/13th Chai., 1945.

[No. 52-i

missing from his home and joined the terrorist ranks of HM banned outfit

for carrying out the terrorist activities in the area ; and

2. Whereas, based on the above, a case FIR No. 157/2020 under

Sections 20 and 38 of ULA(P) Act, was registered in the Police Station,

Shopian, and the investigation of the case was set into motion.

Subsequently during the investigation, the offence under Section 20 of

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

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

of occurrence and the seizure memos were prepared and the statements

of the witnesses acquainted with the facts and circumstances of the case

were recorded under the relevant provisions of law ; and

4. Whereas, during the investigation, it was found that on

30-05-2020, the accused viz. Shayak Hussain Sofi, got missing from his

home for which a missing report was lodged in the Daily Diary of Police

Station, Heerpora, vide DD report No. 09 and the search of the said

missing person was going on ; and

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

accused viz. Shayak Hussain Sofi, was associated with the terrorist ranks

of HM banned outfit and was carrying out the terrorist activities in the

area ; and

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

witnesses recorded and other evidence collected, the Investigating

Officer, has established prima facie involvement of the below mentioned

accused for the commission of offences punishable in terms of the

provisions of the Unlawful Activities (Prevention) Act, 1967, as shown

against his name :─

S. No.

Name of the accused

Offence

Shayak Hussain Sofi S/o Ab. Hamid

Sofi R/o Shamsipora, Shopian.

38 of

ULA (P) Act.

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

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

No. 52-i]

The J&K Official Gazette, 3rd April, 2023/13th Chai., 1945.

Act, 1967, has independently examined the Case Diary File and all the

other relevant documents relating to the case and has come to

the conclusion that a prima facie case is made out against the above

accused ; and

8. Whereas, after perusing the Case Dairy File, the relevant

documents and also taking into consideration the views of the Authority

appointed under Sub-Section (2) of Section 45 of the Unlawful Activities

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

sufficient material and evidence available against the above-mentioned

accused for his prosecution under the provisions of law.

Now, therefore, in exercise of the powers conferred by

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Shayak Hussain Sofi, for the

commission of offence punishable under Section 38 of ULA (P) Act,

arising out of FIR No. 157/2020 of Police Station, Shopian.

By order of the Government of Jammu and Kashmir.

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

Financial Commissioner/

Additional Chief Secretary.

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

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

Vol. 136] Jammu, Wed., the 26th April, 2023/6th Vai., 1945. [No. 3-d

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

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

as a separate compilation.

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

PART I—B

Jammu and Kashmir Government—Notifications.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT, J&K.

Notification

Jammu, the 26th April, 2023.

SO–220.—Whereas, on 07-04-2016, a reliable information was

received by the Police Station, Shopian, to the effect that during the

funeral prayers of a killed terrorist in Village Pahlipora, some Hurriyat

activists identified as Mohd Yousuf Ganie @ Falai S/o Gh. Mohd Ganie

R/o Molu Chitragam, Shakeel Ahmad Itoo S/o Gh. Mohd ltoo R/o

Chotipora, Manihal, Nazir Ahmad Mantoo S/o Gh. Hassan Mantoo

R/o Kanihama, Mohd Amin Ahanger S/o Gh. Hassan Ahanger R/o Chek

EXTRAORDINARY

REGD. NO. JK––33

The J&K Official Gazette, 26th April, 2023/6th Vai., 1945. [No. 3-d

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

Sangran and Javid Ahmad Falai S/o Mohd Asan Falai R/o Ganowpora,

raised anti national slogans against the sovereignty of India, besides,

instigated the general public to pelt stones upon the Police/Security

Forces ; and

Whereas, based on the above, a Case FIR No. 57/2016 under

Sections 147, 148, 149, 336, 353 RPC and the Section 13 of ULA (P)

Act was registered in the Police Station, Shopian, and the investigation

of the case was set into motion ; and

Whereas, during the investigation, the site plan of the place

of occurrence and the seizure memos were prepared and the statements

of witnesses acquainted with the facts and circumstances of the case

were recorded under the relevant provisions of law ; and

Whereas, during the investigation, the accused viz. Mohd

Yousuf Ganie @ Falai, Shakeel Ahmad Itoo, Nazir Ahmad Mantoo,

Mohd Amin Ahanger and Javid Ahmad Falai, were arrested in the case.

During investigation, seven other persons namely Rayees Ahmad Mir

S/o Gh. Nabi Mir R/o Gagran, Mohd Abbas Malik S/o Ab. Hameed

Malik R/o Alyalpora, Shopian, Salman Manzoor S/o Manzoor Ahmad

Ganie R/o Memander, Aqib Gulzar S/o Gulzar Ahmad Zargar, Zubair

Mushtaq S/o Mushtaq Ahmad Salroo Rs/o Bongam, Shopian, Akeel

Ahmad Parray S/o Wali Mohd Parray R/o Mandigam, Muqaddam

Mohalla, Langate and Zohaib Mushtaq S/o Mushtaq Ahmad Mir R/o

Bongam, Shopian, were found involved in the commission of crime and

were also arrested in the case ; and

Whereas, during the investigation, it was established that on

the date of occurrence the accused viz. Mohd Yousuf Ganie @ Falai,

Shakeel Ahmad Itoo, Nazir Ahmad Mantoo, Mohd Amin Ahanger, Javid

Ahmad Falai, Rayees Ahmad Mir, Mohd Abbas Malik, Salman Manzoor,

Aqib Gulzar, Zubair Mushtaq, Akeel Ahmad Parray and Zohaib

Mushtaq, raised anti national slogans and instigated the general

public against the sovereignty and territorial integrity of the Union of

India ; and

Whereas, on the basis of the investigation, the statement of

witnesses recorded and other evidence collected, the Investigating

No. 3-d] The J&K Official Gazette, 26th April, 2023/6th Vai., 1945. 3

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

Officer, has established prima facie involvement of the below

mentioned accused for the commission of offences punishable in terms

of the provisions of Unlawful Activities (Prevention) Act, 1967, as

shown against their name :—

S. No.

Name of the accused

Offence

————————————————————————————

Mohd Yousuf Ganie @ Falai S/o Gh. Mohd

Ganie R/o Molu, Chitragam.

ULA (P) Act

Shakeel Ahmad Itoo S/o Gh. Mohd Itoo

R/o Chotipora, Manihal.

Nazir Ahmad Mantoo S/o Gh. Hassan

Mantoo R/o Kanihama.

Mohd Amin Ahanger S/o Gh. Hassan

Ahanger R/o Chek Sangran.

Javid Ahmad Falai S/o Mohd Asan Falai

R/o Ganowpora.

Rayees Ahmad Mir S/o Gh. Nabi Mir R/o

Gagran.

Mohd Abbas Malik S/o Ab. Hameed Malik

R/o Alyalpora, Shopian.

Salman Manzoor S/o Manzoor Ahmad

Ganie R/o Memander.

Aqib Gulzar S/o Gulzar Ahmad Zargar

R/o Bongam, Shopian.

10.

Zubair Mushtaq S/o Mushtaq Ahmad

Salroo R/o Bongam, Shopian.

11.

Akeel Ahmad Parray S/o Wali Mohd

Parray R/o Mandigam, Muqaddam

Mohalla, Langate.

12.

Zohaib Mushtaq S/o Mushtaq Ahmad Mir

R/o Bongam, Shopian.

The J&K Official Gazette, 26th April, 2023/6th Vai., 1945. [No. 3-d

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

Whereas, the Authority, appointed by the Government under

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, has independently examined the Case Diary File and all the

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

conclusion that a prima facie case is made out against the above

accused ; and

Whereas, after perusing the Case Diary File, the relevant

documents and also taking into consideration the views of the Authority

appointed under Sub-Section (2) of Section 45 of the Unlawful Activities

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

sufficient material and evidence available against the above-mentioned

accused for their prosecution under the provisions of law.

Now, therefore, in exercise of the powers conferred by

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Mohd Yousuf Ganie @ Falai,

Shakeel Ahmad Itoo, Nazir Ahmad Mantoo, Mohd Amin Ahanger, Javid

Ahmad Falai, Rayees Ahmad Mir, Mohd Abbas Malik, Salman Manzoor,

Aqib Gulzar, Zubair Mushtaq, Akeel Ahmad Parray and Zohaib

Mushtaq, for the commission of offence punishable under Section 13

of ULA (P), arising out of FIR No. 57/2016 of Police Station, Shopian.

By order of the Government of Jammu and Kashmir.

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

Financial Commissioner/

Additional Chief Secretary.

EXTRAORDINARY

REGD NO. JK33

—————————————————————————————————

Vol. 136] Jammu, Thu., the 27thApril, 2023/7th Vai., 1945. [No. 4-c

—————————————————————————————————

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

as a separate compilation.

—————————————————————————————————

PART I—B

Jammu and Kashmir Government—Notifications.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT, J&K.

Notification

Srinagar, the 27th April, 2023.

SO−230.Whereas, on 09-11-2022, the Police Station, Bahu Fort,

Jammu, recived a written docket to the effect that a Naka was established

at Narwal, and during the Naka, Police intercepted a vehicle (Tanker) for

checking. The Driver of the vehicle alongwith two persons tried to

escape but were chased down on the spot and identified as Mohd Yaseen

Sohil S/o Mohd Ismail R/o Neel Hala, Banihal at present Puchal,

The J&K Official Gazette, 27th April, 2023/7th Vai., 1945.

[No. 4-c

Pulwama, Farooq Ahmad Bhat S/o Abdul Aziz Bhat and Farhan Farooq

S/o Farooq Ahmad Bhat R’s/o Frestabal, Pampore ; and

2. Whereas, based on the above, a case FIR No. 284/2022 under

Section 353 IPC was registered in the Police Station, Bahu Fort, Jammu,

and the investigation of the case was set into motion. Subsequently,

during the invstigation the offences under Sections 7/25 Arms Act, 4/5

ESA and Sections 13, 18, 23 and 39 of ULA(P) Act were added in the

case ; and

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

occurrence and the seizure memos were prepared and the statement of

witnesses acquainted with the facts and circumstances of the case were

recorded under the relevant provisions of law ; and

4. Whereas, during the investigation, the accused viz. Mohd

Yaseen Sohil, Farooq Ahmad Bhat and Farhan Farooq, were found in

contact with a Pakistan based terrorist of JeM banned outfit namely

Shahbaz R/o Pakistan, through the virtual mode who provided some

arms/ammunition to the accused in order to promote terrorist activities in

the area. Subsequently, during the investigation, 03 AK-56 rifles, 07

magazines, 180 rounds, 01 pistol, 02 magazines, 11 rounds and 06 hand

grenades were recovered from the cabin of the said vehicle ; and

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

accused viz. Mohd Yaseen Sohil, Farooq Ahmad Bhat and Farhan

Farooq, were working as Over Ground Workers (OGWs) for the

terrorists of JeM banned outfit particularly the Pakistan based terrorist

namely Shahbaz, and under a well knit criminal conspiracy were

providing logistic support to him, besides, procured arms/ammunition

from the said terrorist for carrying out the terrorist activities in the area ;

and

6. Whereas, investigation in respect of Pakistan based terrorist

namely Shahbaz, shall continue to ascertain his actual identity and to

bring out his role/involvement in the case ; and

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

witnesses recorded and other evidence collected, the Investigating

Officer, has established prima facie involvement of the below mentioned

accused for the commission of offences punishable in terms of the

No. 4-c]

The J&K Official Gazette, 27th April, 2023/7th Vai., 1945.

provisions of Unlawful Activities (Prevention) Act, 1967, as shown

against their names :─

S. No.

Name of the accused

Offence

Mohd Yaseen Sohil S/o Mohd Ismail

R/o Neel Hala, Banihal at present

Puchal, Pulwama.

13, 18, 23, 39 of

ULA (P) Act.

Farooq Ahmad Bhat S/o Abdul Aziz

Bhat R/o Frestabal, Pampore.

Farhan Farooq S/o Farooq Ahmad Bhat

R/o Frestabal, Pampore.

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

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, has independently examined the Case Diary File and all the

other relevant documents relating to the case and has come to

the conclusion that a prima facie case is made out against the above

accused ; and

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

documents and also taking into consideration the views of the Authority

appointed under Sub-Section (2) of Section 45 of the Unlawful Activities

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

sufficient material and evidence available against the above-mentioned

accused for their prosecution under the provisions of law.

Now, therefore, in exercise of the powers conferred by

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Mohd Yaseen Sohil, Farooq Ahmad

Bhat and Farhan Farooq, for the commission of offences punishable

under Sections 13, 18, 23 and 39 of ULA (P) Act, arising out of FIR No.

284/2022 of Police Station, Bahu Fort, Jammu.

By order of the Government of Jammu and Kashmir.

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

Financial Commissioner/

Additional Chief Secretary.

EXTRAORDINARY

REGD NO. JK33

—————————————————————————————————

Vol. 136] Jammu, Thu., the 27thApril, 2023/7th Vai., 1945. [No. 4-d

—————————————————————————————————

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

as a separate compilation.

—————————————————————————————————

PART I—B

Jammu and Kashmir Government—Notifications.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT, J&K.

Notification

Srinagar, the 27th April, 2023.

SO−231.Whereas, on 08-11-2022, the Police Station, Khrew,

received a docket to the effect that a Naka was established at Ladhoo,

Mandakpal crossing and during the checking a suspect while seeing the

Naka Party tried to escape but was chased down on the spot and

identified as Abid Ahmad Sheikh S/o Abdul Aziz Sheikh R/o

Satpakhran, Khrew. During his personal search, the Police recovered 01

hand grenade from his possession ; and

The J&K Official Gazette, 27th April, 2023/7th Vai., 1945.

[No. 4-d

2. Whereas, based on the above, a case FIR No. 69/2022 under

Section 7/25 Arms Act, and the Sections 23, 38 and 39 of ULA(P) Act

was registered in the Police Station, Khrew, and the investigation of the

case was set into motion. Subsequently, during the investigation, the

offences under Sections 13 and 18 of ULA(P) Act were added in the

case ; and

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

occurrence and the seizure memos were prepared and the statement of

witnesses acquainted with the facts and circumstances of the case were

recorded under the relevant provisions of law ; and

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

viz. Abid Ahmad Sheikh, was in contact with a terrorist of LeT banned

outfit namely Riyaz Ahmad Dar @ Khalid Bhai S/o Ab. Aziz Dar

R/o Sathergund, Kakapora, who provided a hand grenade to the accused

viz. Abid Ahmad Sheikh, with the directions to lob the same upon the

Police/Security Forces in order to promote terrorist activities in the

area ; and

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

accused viz. Abid Ahmad Sheikh, was working as Over Ground Worker

(OGW) for the terrorists of LeT banned outfit particularly the terrorist

namely Riyaz Ahmad Dar @ Khalid Bhai, and under a well knit criminal

conspiracy was providing logistic support to him, besides, procured a

hand grenade from the said terrorist for carrying out the terrorist

activities in the area ; and

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

witnesses recorded and other evidence collected, the Investigating

Officer, has established prima facie involvement of the below mentioned

accused for the commission of offences punishable in terms of the

provisions of Unlawful Activities (Prevention) Act, 1967, as shown

against their names :─

S. No.

Name of the accused

Offence

Abid Ahmad Sheikh S/o Abdul Aziz

Sheikh R/o Satpakhran, Khrew.

13, 18, 23, 39 of

ULA (P) Act.

Riyaz Ahmad Dar @ Khalid Bhai S/o

Ab.

Aziz

Dar

R/o

Sathergund,

Kakapora.

13, 18, 38 of

ULA(P) Act.

No. 4-d]

The J&K Official Gazette, 27th April, 2023/7th Vai., 1945.

7. Whereas, the accused terrorist namely Riyaz Ahmad Dar

@ Khalid Bhai, is absconding and the proceedings under Section

299 Cr. PC. have been proposed to be initiated against him ; and

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

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, has independently examined the Case Diary File and all the

other relevant documents relating to the case and has come to

the conclusion that a prima facie case is made out against the above

accused ; and

9. Whereas, after perusing the Case Dairy File, the relevant

documents and also taking into consideration the views of the Authority

appointed under Sub-Section (2) of Section 45 of the Unlawful Activities

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

sufficient material and evidence available against the above-mentioned

accused for their prosecution under the provisions of law.

Now, therefore, in exercise of the powers conferred by

Sub-Section (2) of Section 45 of the Unlawful Activities (Prevention)

Act, 1967, the Government hereby accord sanction for launching

prosecution against the accused viz. Abid Ahmad Sheikh, and Riyaz

Ahmad Dar @ Khalid Bhai, for the commission of offences punishable

under the relevant sections of ULA (P) Act, as indicated against the each

accused at Para (6) above, arising out of FIR No. 69/2022 of Police

Station, Khrew.

By order of the Government of Jammu and Kashmir.

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

Financial Commissioner/

Additional Chief Secretary.

EXTRAORDINARY

REGD NO. JK-33

THE

JAMMU AND KASHMIR OFFICIAL GAZETTE

—————————————————————————————————

Vol. 136] Jammu, Tue., the 29th Aug., 2023/7th Bhad., 1945. [No. 21 -b

—————————————————————————————————

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

as a separate compilation.

—————————————————————————————————

PART III

Law, Regulation and Rules passed thereunder.

————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT―TRANSPORT DEPARTMENT,

J&K, JAMMU

Notification

Jammu, the 29th August, 2023.

SO-453.—Whereas vide Notification S.O.-348 dated 04th of July,

2023, the draft Jammu and Kashmir Motor Vehicle Aggregator Rules,

2023, were published as required in terms of Sub-Section (1) of

Section 212 of the Motor Vehicles Act, 1988 (59 of 1988), for inviting

2 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

objections and suggestions from all the persons likely to be affected

thereby, before expiry of the period of thirty days from the date on which

the copies of the Official Gazette containing the said notification were

made available to the public ;

And whereas, copies of the said notification were made available to

the public on 04th of July, 2023 ;

And whereas, the objections or suggestions received from the

public/stakeholders in respect of the said draft rules have been

considered by the Government of Jammu and Kashmir.

Now, therefore, in exercise of power conferred by Section 93 of the

Motor Vehicles Act, 1988 (59 of 1988) read with Motor Vehicle

Aggregator Guidelines, 2020 issued vide Notification No. S.O.-4251(E)

dated 26th November, 2020 by the Ministry of Road, Transport and

Highways, Government of India, the Government of Jammu and

Kashmir hereby make the following rules, namely :—

1. Short title, extent and commencement.—(1) These rules may

be called the Jammu and Kashmir Motor Vehicle Aggregator Rules,

2023.

(2) They shall be applicable to aggregators operating in the Union

Territory of Jammu and Kashmir.

(3) They shall come into force from the date of publication in the

Official Gazette.

2. Definitions.—

(1)

“Aggregator” as defined in Section 1A of the Act, refers to a

digital intermediary or market place for a passenger to connect

with a driver for the purpose of transportation ;

(2)

“Act” means the Motor Vehicles Act, 1988, including the

amendments made subsequently ;

(3)

“App” means an electronic interface operated by the

aggregator or any third party on behalf of the Aggregator,

which may be accessed either through a computer resource or

a communication device ;

(4)

“Area of operation” the area of operation of a vehicle

operating under these rules shall be the area/route for which

the permit has been granted to it ;

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 3

(5)

“CMVR” means The Central Motor Vehicles Rules, 1989,

including the amendments made subsequently ;

(6)

“Computer resource” shall have the meaning ascribed to it

under the Information Technology Act, 2000, as amended

subsequently ;

(7)

“Communication device” shall have the meaning ascribed to

it under the Information Technology Act, 2000, as amended

subsequently ;

(8)

“CERT-IN” means Computer Emergency Response Team as

provided in the Information Technology (Amendment) Act,

2008, wherein it has been designated to serve as the National

Agency in the area of cyber security ;

(9)

“Fare” means the total charges debited by the Aggregator to

the Rider pursuant to the latter booking a ride through the

Aggregator’s App and completion of such ride ;

(10) “Fee” means the charges in respect of a license as prescribed

under Rule 22 of these rules ;

(11) “Form” means the form appended to these rules ;

(12) “Government” means the Government of Jammu and

Kashmir ;

(13) “Licence” means the licence issued to an Aggregator by the

Licensing Authority ;

(14) “Licensee” means an Aggregator who holds Licence issued by

the Licensing Authority notified by the Government ;

(15) “Licensing Authority” means the Transport Commissioner,

J&K as defined in Jammu and Kashmir Motor Vehicle Rules,

1991 ;

(16) “On-Boarding” means the integration of a vehicle and Driver

with the Aggregator and operating such vehicle with the

Aggregator ;

(17) “Off-Boarding” means the segregation of an integrated

vehicle from the Aggregator ;

(18) “Rating” means an assessment of the quality of a trip availed

by a Rider, on the successful completion of the trip ;

4 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

(19) “Refresher Training Programme” means an annual training

session for drivers integrated with the Aggregator, for a period

of at least two days for cumulated 10 hours, delivered

physically or virtually. The session shall include but not be

limited to the course mentioned under the Induction Training

Programme ;

(20) “Remedial Training Programme” means training course

required to be compulsorily undertaken by Drivers whose

Rating is below 2 percentiles from amongst all Drivers who

are placed similarly in terms of the minimum duration of

engagement with the Aggregator. Such duration shall be

determined by the Aggregator ;

(21) “Rider” means a person who books a journey through the

Aggregator App for availing the transportation provided by a

Driver who is integrated with the Aggregator ;

(22) “Security Deposit” means the amount that shall be payable by

an Aggregator applying for a licence furnished as Fixed

Deposit Receipt, unless provided otherwise ;

(23) “Service Provider Contract” means the contract agreed and

executed between the Aggregator and the driver specifying

therein, contractual rights and obligations of both parties ;

(24) “Surge pricing” means the output of an algorithm of an

Aggregator, which automatically raises the price of a trip when

demand outstrips supply within a fixed geographic area ; and

(25) “Induction Training Programme” shall have the meaning

ascribed under Rule 8(ii).

3. Applicability.—These rules are applicable to Aggregators on-

boarding transport vehicles in the area of operation. The vehicles that

may be integrated by the Aggregator shall include all Motor Vehicles

under the Act and e-rickshaw.

4. Necessity of License.—No person shall act or permit any other

person to act as an aggregator unless he holds an effective license issued

under these rules.

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 5

5. Eligibility of an Aggregator.—(1) The applicant shall be a

company registered under the Companies Act, 1956 or 2013 or a

Co-operative Society registered under the Co-operative Societies Act,

1912/Jammu and Kashmir Co-operative Societies Act, 1989 formed by

an association of drivers or motor vehicle owners or such other

association or a limited liability partnership under the Limited Liability

Partnership Act, 2008.

(2)

The applicant shall have a registered office in India.

6. Application for grant or renewal of Licence and matters

connected therewith.—(1) Any person who is eligible under Rule 5,

may make an application for grant of Licence in Form I appended to

these rules, accompanied by proof of payment of application fee,

Security Deposit, and the following documents :—

a. Certificate of Incorporation, in case of a Company under the

Companies Act, 2013 or 1956 ; or

b. Registration certificate, in case of a Co-operative Society

registered under Co-operative Societies Act, 1912/Jammu

and Kashmir Co-operative Societies Act, 1989 ; or

c. Partnership deed, in case of Partners under Limited

Partnership Act, 2008 ;

d. A self attested affidavit from the Authorised Signatory of the

Company/Co-operative Society/Partners, to the effect that

the operations shall commence within six months from the

grant of license ; and that all the conditions laid down in

Rules 8, 9, 10, 11, 12, 13 & 14 of these rules shall be

complied with before commencement of operations ;

e. A self attested Affidavit from the Authorised Signatory

declaring therein that they have their own arrangement of a

driving test facility with simulator(s), in Jammu and Kashmir

or that they have outsourced it to a third party who have the

facility of a driving simulator ; and are authorised for

operating such facility by the Motor Vehicles Department in

Jammu and Kashmir ; with respect to the vehicle to be

on-boarded, for conducting Induction Training Programme.

6 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

Explanation:—Induction Training Programme refers to a compulsory

(5) five-day training programme for cumulated thirty (30)

hours conducted by the Aggregator prior to the

commencement of on-boarding of vehicle, either

independently or by liasoning with a professional

institution for providing course compliant with National

Skills Qualification Framework (NSFQ). The broad

details of the course shall be made available online for

information of citizens. The course shall include but not

be limited to apprising, educating and training the

Drivers—

To efficiently use the Aggregator app ;

ii.

On the provisions under the Motor Vehicles Act,

1988 and rules thereunder ;

iii.

On road safety and first responder training for six (6)

hours out of the total thirty (30) hours mentioned

above ;

iv.

On careful driving ;

On motor vehicle maintenance ;

vi.

On maintenance of health and hygiene ;

vii.

On fuel efficient driving ;

viii.

On familiarization with the routes in the area of

operation ;

ix.

On the terms and conditions of the contract between

the driver and the aggregator ;

On gender sensitization and safety of women and girl

child.

7. Grant, renewal and validity of licence.—(1) The licensing

authority, after ensuring that the application is accompanied with

requisite documents as per Rule 6, shall grant the license in Form III

appended to these rules within a period of thirty days from the date of

receipt of an application complete in all respects. Provided further that—

a. In case the licensing authority fails to decide on the

application within a period of thirty days, it shall then be

deemed that the license has been granted ;

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 7

b. In case of rejection by the licensing authority, the reasons

shall have to be recorded and communicated to the applicant.

(2) A Licence granted shall be valid for a period of five (5) years

from the date of issuance ; subsequent to which it may be renewed for a

period of five (5) years by the Licensing Authority on the basis of an

application for renewal made by the Aggregator in Form ll appended to

these Rules. Notwithstanding anything provided in this rule, a license

may be cancelled/suspended by the Licensing Authority as per Rules 19

and 20 of these rules.

(3) For the purpose of renewal of license, the Licensing Authority

shall examine the aggregator’s records of compliance with these rules.

Provided further that the licensing authority may decide not to renew the

license of an aggregator who has received five (5) suspensions during the

preceding five (5) years of validity of such license.

(4) A Licence issued under these rules shall be transferred on a joint

application being made by the transferor and transferee subject to

compliance with these rules.

(5) Where the Licence is lost or destroyed, an application for issue

of a duplicate shall be made in Form lV appended to these Rules along

with the prescribed fee. A duplicate Licence so issued shall be marked

“Duplicate” in red ink.

8. Compliances with regard to Drivers.—(1) The Aggregator

shall ensure compliance with the following conditions, relevant to

Drivers, prior to On-boarding of such Drivers :—

(a)

The Driver should hold a valid proof of identity being an

EIC card or Aadhaar card or PAN card ;

(b)

The Driver shall be holder of a driving license to drive the

relevant vehicle (as applicable) and a badge (as may be

applicable) ;

(c)

The Driver shall have a minimum driving experience of 2

years. In case of the driving experience being less than 2

years, the Driver shall undertake a driver training

facilitated by the Aggregator for a period of 15 days prior

to on-boarding. This shall be in addition to the Induction

Training Programme ;

(d)

The Driver shall be a holder of KYC compliant bank

account or holder of Jan Dhan account under the Pradhan

8 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

Mantri Jan-Dhan Yojana, in accordance with the norms

prescribed by Reserve Bank of India ;

(e)

The Driver of the vehicle shall not have been convicted

within the past 3 years, for the offence of driving under the

influence of drugs or alcohol, or any cognizable offence

under the Code of Criminal Procedure, 1973 or the Indian

Penal Code, 1860 (as may be applicable) including fraud,

sexual offences, use of a motor vehicle to commit a

cognizable offence, a crime involving property damage or

theft, acts of violence, or acts of terror ;

(f)

The Driver shall undergo a complete medical examination,

including eye check-up, by a hospital or medical

institution prescribed by the Aggregator. Costs for such

medical check-up shall be borne by the Aggregator ;

(g)

Complete police verification of the identity of the Driver

and his antecedents with a written record of such

verification prior to fifteen days of on boarding. For

facilitation of the same, the police authorities shall be

provided

access

the

Aggregator’s

Application

Programming

Interface

(API)

the

Aggregator.

Subsequent to such verification, the police authorities shall

grant certificate of good moral character without any

criminal record to the Driver ;

(h)

Execution of a valid enforceable Service Provider Contract

with the relevant Driver in English and the language

understood by the Driver, specifying at necessary terms

and conditions applicable for on-boarding of vehicle and

operating vehicles therein.

(2) The Aggregator shall ensure compliance with the following

conditions, relevant to Drivers, during operations :—

(a)

Ensuring a health insurance for each Driver integrated with

the Aggregator for an amount not less than Rs. 5 lakhs

with base year 2020-21 and increased by 5% each year ;

(b)

Ensuring a term insurance for each Driver integrated with

the Aggregator for an amount not less than Rs. 10 lakhs

with base year 2020-21 and increase by 5% each year ;

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 9

(c)

Conducting Refresher Training Programme once a year.

Record of such training sessions shall be documented and

preserved for at least one year. The Aggregator may be

permitted to collaborate and partner with any specialized

institution authorised by the Jammu and Kashmir Motor

Vehicles Department, for providing such training ;

(d)

Ensuring that the Driver shall not be logged in for an

aggregate of twelve (12) hours on a calendar day.

A mandatory break of ten (10) hours for the Driver shall

be imposed subsequent to a login extending twelve (12)

hours ;

(e)

The Aggregators to develop a mechanism on their

respective Apps to ensure that Drivers engaged with more

than one Aggregator do not drive beyond a cumulative

period of 12 hours either on their or another Aggregators

App so as to safeguard the Driver, passenger as well as

road users ;

(f)

Maintaining and examining updated copies of the

following records pertaining to the Drivers of vehicles

(pursuant to due verification with the originals), regularly

on the portal of SARATHI ;

(g)

A photograph of the Driver ;

(h)

Driving license ;

(i)

Present residential address along with proof ;

(j)

RBI compliant KYC bank account details ;

(k)

Self-attested copies of EIC card or Aadhaar card or PAN

card ;

(l)

Contact details and addresses of two members from the

Driver’s family ;

(m) Enabling the Drivers to operate with multiple Aggregators,

provided each of them complies with the requirements and

Driver training programs relevant to each Aggregator ;

(n)

Ensuring that on termination or end of the Service

Provider Contract with a Driver, all equipment or brand

stickers belonging to the Aggregator is removed and

identity card or authorization issued to the Driver by the

Aggregator is confiscated ;

10 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

(o)

Implementing a mechanism in the App for rating of Driver

by corresponding Rider with respect to a ride availed on

the App, indicative of the Rider’s experience of the ride

and Driver’s etiquette. The same shall be applicable to the

Driver’s rating for a Rider ;

(p)

Further, Drivers with ratings below two (2) percentiles

shall be required mandatorily to undertake the Remedial

Training Programme until the completion of which such

Driver shall be off-boarded.

9. Compliances with regard to vehicles.—The following

compliances with regard to a vehicle shall be ensured by an Aggregator

as a pre-requisite for the purposes of integration with Aggregator :—

(1)

Valid registration of the vehicle ;

(2)

Valid permit, as may be applicable ;

(3)

Valid fitness certificate as obtained under the Act ;

(4)

Requisite placement of the registration mark displayed in

English and the figures in Arabic numerals displayed in such

form and manner as specified in the Rules ;

(5)

Valid third-party insurance ;

(6)

Valid Pollution Under Control (PUC) certificate ;

(7)

Compliance with emission norms of BS lV or above for

motor cab and BS III or above for other vehicles ;

(8)

Compliance with city specific fuel norms ;

(9)

Updated payment of applicable taxes and other dues ;

(10) Clearance of pending e-challans applicable to the vehicle

prior to integration of such vehicle ;

(11) Fitment of a AIS 140 Certified Vehicle Tracking and

Monitoring System with panic buttons relevant for a Public

Service vehicle, as specified by the Ministry of Road

Transport and Highways, which shall be connected to the

control room of the Aggregator ;

(12) Placement of a fire extinguisher ;

(13) Disabled child lock mechanism ;

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 11

(14) Enabled manual override for the central locking system ;

(15) Display inside the vehicle, except motorcycles, containing

vehicle permit (as applicable) and copy of the Driver’s

driving license. The display shall be placed on the side of the

passenger seat next to the Driver in such manner as shall be

clearly visible to the passengers in the concerned vehicle ;

(16) Fitment of 'TAXI' roof sign visible from the front and rear

on LMV, in compliance with Automotive Industry Standards

(AIS) or any such standard specified ;

(17) During operations, the Aggregator shall maintain and

examine digital records of all vehicles integrated with the

Aggregator that shall be updated on a real time basis by the

Aggregator on https://vahan.nic.in/nrservices/. Maintaining

updated copies of the following records pertaining to the

Driver’s vehicle (pursuant to due verification with the

originals), regularly :—

(a) Certificate of Registration ;

(b) Certificate of Fitness ;

(d) Chassis and engine numbers ; and

(e) Commercial insurance policy covering third party risk

as prescribed in the Act ;

(f) Pollution under control certificate ;

(g) Clearance of pending e-challans within a period of 2

months from the issuance of such e-challans.

10. Compliances with regard to the Aggregator’s App and

Website.—(1) The App shall be formulated in a manner that is

complaint with the applicable law.

(2) The App shall be accessible in English and Hindi as the primary

languages, for the Rider along with one official language of Jammu and

Kashmir. Additionally, the App shall be accessible in such language that

is understandable by the Driver.

(3) Ensuring that the in-app vulnerabilities are revealed to Indian

Computer Emergency Response Team formed under the aegis of the

12 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

Ministry of Electronics and Information Technology. Safety of the App

shall be certified by a recognized cyber security firm.

(4) Ensuring that the data generated on the App is stored on a server

in India and that such stored data shall be for a minimum of 3 months

and maximum of 24 months from the date on which such data is

generated. This data shall be made available to the Jammu and Kashmir

Government as per due process of law. Any data related to customers

shall not be disclosed without the written consent of the customer.

(5) Ensuring that the details of daily trips operated by each vehicle,

details of passengers commuting in each vehicle, origin and destination

of each journey undertaken and the fare collected, shall be undertaken by

a Driver and Rider shall be accessible on the App for a period of three

(3) months from the date of such trip.

(6) Ensuring transparency in its operations, including but not limited

to, functioning of the App algorithm, proportion of fare-payable to the

Driver, incentives given to the Drivers, charges received from the Driver

and such other information as may be notified by the Jammu and

Kashmir Government, by making disclosures on the Aggregators

Website and App and updating such disclosures, as per requirement.

(7) Inclusion of a feature enabling the Rider to share the live

location and status of his/her ride after the ride booked through the App

has commenced.

(8) Ensuring that the picture of each Driver integrated with the

Aggregator is clearly visible on the App.

(9) Presence of the Website comprising details of the ownership,

registered address, fare structure, services offered, consumer services

telephone-number and email address and such other details as may be

needed.

(10) Implementing a zero-tolerance policy on the use of drugs or

alcohol applicable to any Driver, provide notice of the zero-tolerance

policy on its website, as well as the procedure to report a complaint about

a Driver when a passenger reasonably suspects that the Driver is under

the influence of drugs or alcohol during the course of the ride. The

Aggregator shall immediately Off-board such Driver upon receipt of a

passenger’s complaint alleging violation of the zero-tolerance policy.

The suspension shall last or continue during the period of investigation

by the Aggregator.

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 13

(11) Establishing a control room with 24x7 operations within

territorial jurisdiction of the licensing authority and ensuring that all the

vehicles, on direction of the Aggregator, maintain uninterrupted contact

with the control room. The control room shall be in a position to monitor

the movements of all the vehicles on the directions of the Aggregator.

(12) Establishing call centres with valid telephone number and

operational email address displayed clearly on the App with 24x7

operations wherein assistance shall be provided to the Rider and/or the

Driver in English and Hindi as the primary languages, for both the Driver

and the Rider along with the option of an official language of

the relevant state. These call centres shall be responsible for the

following :—

(a) To enable the Rider and/or Driver to contact the Aggregator’s

call centre in relation to issues concerning the ride, while the

ride is in progress or after the completion of the ride for a

period of 3 months as specified under Clause 4 above, by

inclusion of a call feature on the App. The Aggregator shall

also provide for the assigned Driver’s direct contact number, to

be available to the Rider and accessible for a period of 24

hours from when the ride was availed.

(b) To ensure timely and effective redressal of the Riders’

grievances on receipt of any complaint concerning the ride/the

Driver/the condition of the vehicle. Rider concerns pertaining

to a ride and the Driver may be reported not beyond a period of

24 hours from when the ride was availed :—

Provided that the complaint registered with the grievance

redressal centre is criminal in nature, then the limitation

period for filing such complaint shall be extended beyond the

specified limit of 24 hours up to a maximum of 72 hours. In

such scenario, the concerned Driver shall be Off-boarded from

the Aggregator till such issue is not resolved :

Provided further that, in case of complaints against the Driver

concerning violation of the provisions under the Act, the

Driver shall be Off-boarded for a period of 2 days, from the

day on which the complaint has been made.

(13) Extending utmost cooperation with investigating authorities in

relation to any untoward accident or incident involving jeopardizing a

14 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

Rider’s safety, which may have arisen due to action or inaction of the

Driver on an assigned trip.

(14) Ensure that city taxis, if seeking to integrate with the

Aggregator, are permitted such integration. Provided these taxis are

compliant to be integrated with the Aggregator as specified under Clause

7 above.

(15) The Aggregator shall comply with the applicable provisions

prescribed under the Act and the Information Technology Act, 2000,

including intermediary guidelines. Safety of the App shall be certified by

CERT- IN empanelled Cyber Security Firm.

11. Compliances to Ensure Safety.—(1) Ensuring appropriate

functioning of the GPS installed in the vehicle and provide efficient

resolution for any issues that may develop in its functioning.

(2) Ensuring that the Driver plies the vehicle on the route assigned

on the App and in non-compliance of the same, developing a mechanism

wherein the app device indicates the fault to the Driver and the control

room of the Aggregator immediately communicates with the Driver with

regard to the same.

(3) Ensuring safety of women employees and Drivers by

introducing mechanisms to protect their rights, in compliance with the

Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, 2013.

(4) Enforcing a mechanism on the App to ensure that the identity of

the Driver undertaking a trip is same as the one enlisted with the

Aggregator requiring verification every time a trip is accepted.

(5) Ensuring regular spot checks of vehicles integrated with the

Aggregator by personnel authorized by such Aggregator.

12. Ride Pooling.—(1) Aggregators may provide pooling facilities

to Riders whose details and KYC are available who shall be travelling

along the same route but with varied stoppages from one point to another

under a virtual contract through the App.

(2) Female passengers seeking to avail ride pooling shall also be

provided the option to pool only with other female passengers.

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 15

(3) The pooling facilities shall be available within certain Kilo-

meters of detour from the route assigned to be undertaken for a

destination specified by the first Rider in such vehicle.

13. Non-discrimination

policy

followed

the

Aggregator.—The Aggregator shall ensure that vehicles actually owned

by the Aggregator are treated at parity with those vehicles which are not

Aggregator owned, once such vehicles are integrated with the

Aggregator.

14. Regulation of fares.—(1) The city taxi fare indexed by

Wholesale Price Index (WPI) for the current year shall be the base fare

chargeable to customers availing Aggregator service.

(2) The base minimum fare chargeable to customers availing

Aggregator services shall be, for a minimum of 3 kilometres to

compensate for dead mileage and distance travelled and fuel utilized for

picking up the customers.

(3) The Aggregator shall be permitted to charge a fare 50% lower

than the base fare and a maximum Surge pricing of 1.5 times the base

fare specified under Clause 14(1) hereinabove. This will enable and

promote asset utilization which has been the fundamental concept of

transport aggregation and also substantiate the dynamic pricing principle,

which is pertinent in ensuring asset utilization in accordance with the

market forces of demand and supply.

(4) The Driver of a vehicle integrated with the Aggregator shall

receive at least 80% of the fare applicable on each ride and the remaining

charges for each ride shall be received by the Aggregator.

(5) For the purposes of motor cabs, fare regulation under this

Rule 14 shall only be applicable for motor cabs not exceeding 4 meters

of length of below engine capacity of 1500cc diesel or petrol.

(6) No passenger shall be charged for dead mileage (except when

the distance for availing the ride is less than 3 kms as mentioned under

Clause 14(2) above and the fare shall be charged only from the point of

boarding to the point of alighting.

15. Exemption from application of Rule 14.—(1) Fare regulation

as provided under Rule 14 above shall not be applicable to :—

(a)

Electric/alternate fuel vehicles of all categories ;

(b)

Vehicles driven by women drivers ;

16 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

(c)

Vehicles driven by transgender drivers ;

(d)

The entire fleet of vehicles of those aggregators who have on-

boarded electric/alternate fuel vehicles of “Category M”, as

defined in CMVR, to the extent of at least ten (10) per cent of

this segment of the fleet ;

(e)

The entire fleet of vehicles of those aggregators who have

women comprising at least twenty five (25) percent of their

on-boarded drivers.

16. Cancellation of Rides.—(1) On cancellation of a booking by a

Driver, subsequent to accepting a ride on the App, a penalty of 10% of

the total fare not exceeding Rs. 100, shall be imposed, when such

cancellation is made without such valid reason that shall be stipulated by

the Aggregator on its Website and on the App.

(2) On cancellation of a booking by a Rider, subsequent to booking

a ride on the App, a penalty of 10% of the total fare not exceeding Rs.

100, shall be imposed, when such cancellation is made without such

valid reason that shall be stipulated by the Aggregator on its Website and

on the App. The said amount shall be divided between the Driver and the

Aggregator in the same proportion as Clause 14(4) hereinabove.

17. Aggregation of non-transport vehicles by Aggregators.—

(1) An aggregator may on board non-transport vehicles that have been

permitted to operate as commercial vehicles in accordance with the J&K

Motor Vehicle Rules, 1991, as amended subsequently.

(2) In addition to the compliances mentioned in these rules, read

with the J&K Motor Vehicle Rules, 1991, as may be applicable, the

following shall be complied with by the Aggregator seeking to aggregate

non-transport vehicles:—

(a) A maximum of four ride-sharing intra-city trips on a calendar

day and a maximum of 2 ride-sharing inter-city trips per week

shall be permitted for each vehicle with the driver, integrated

with the Aggregator ;

(b) The vehicle integrated under this Rule 17 shall obtain an

insurance of at least Rs. Five (5) lakh for the ride-sharers in the

vehicle, other than the owner or driver integrated with the

Aggregator.

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 17

18. Suspension of Aggregator License.—(1) Suo moto or on a

complaint made to the Licensing Authority, subsequent to providing the

Aggregator with an opportunity of being heard within fifteen (15) days

from date of such complaint or suo moto action, suspend the license for a

period, by way of a reasoned order in writing, which shall not be less

than 10 days and which shall not exceed 6 months at a time (“Suspension

Order”) if, —

(a) There exists a systemic failure by the Aggregator to ensure

safety of the Rider and/or the Driver and the same may be

evidenced by an analysis of quarterly Ratings with regard to the

relevant parameter ;

(b) There exists repetitive instances of financial inconsistencies

with regard to the fares charged to Riders, unjustified

imposition of Surge pricing, non-compliance with the

proportionate division of fares between the Drivers and the

Aggregator, unsubstantiated imposition of charges on the

Drivers, all of which may be determined by Ratings and/or

examination of the financial records pertaining to the

Aggregator’s operations, in compliance with powers granted to

the Government under Rule 21(1) ;

towards the Drivers ;

(d) The Aggregator fails to comply with any of the requirements or

conditions of these rules amounting to minor, moderate or gross

offences, as may be determined by the Government. The

following parameters may be considered by the Government

while categorizing the offences of non-compliance with these

rules :—

i. Effect on health and safety of Riders and/or Drivers which

may have been averted by complying with these rules ;

ii. Number of deaths or severe injuries to Riders and/or Drivers

caused due to violation of safety standards by the

Aggregator ;

iii. Effect on Drivers’ welfare and livelihood due to violation of

contractual obligations ;

iv. Severity of financial swindling ;

18 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

v. And such other parameters as the Government may deem fit

and appropriate :

Provided that where the Aggregator is liable to be

suspended and the Licensing Authority is of the opinion that

having regard to the circumstances of the case it would not

be necessary or expedient to suspend the License, the

Aggregator may pay a sum as decided by the licensing

authority not exceeding Rs. 10000. This is notwithstanding

the fine imposed against the Aggregator under Section 193

(2) of the Act.

(2) On completion of period specified in the Suspension Order the

Aggregator shall by way of an undertaking in writing acknowledge the

reasons for suspension as specified in the suspension Order and

undertake that the same stands rectified and will be therefrom complied

with. Subsequent to this, the Licensing Authority shall pass an order

acknowledging the satisfaction of the Suspension Order and receipt of

the undertaking and grant the Aggregator temporary permission to

continue operations for a period which shall not be less than 2 months

but not more than 6 months (“Probationary Period”) while still

withholding the Aggregator’s License.

(3) During the Probationary Period, the Aggregator shall continue

operations and rectify the reasons causing the former suspension while

ensuring compliance with these rules in its entirety. Subsequent to the

expiry of the Probationary period the Licensing Authority shall examine

the operations of the Aggregator to ensure compliance with these rules

and rectification of the issues causing the former suspension.

(4) If the Licensing Authority stands satisfied pursuant to the

examination at the end of the probationary period, the Licensing

Authority shall issue a no objection certificate (NOC) to the Aggregator

and return the License, subsequent to which the Aggregator shall

continue operations. If unsatisfied, a second Probationary period of

seven (7) days shall be granted for implementing the requisite

rectifications.

(5) If satisfied, a NOC shall be granted to the Aggregator

subsequent to investigation after the expiry of seven (7) days and the

License shall be returned. lf the requisite rectifications remain

unsatisfied, the Licensing Authority may within fifteen (15) days, after

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 19

giving an opportunity of being heard to the Aggregator, suspend the

License for period which shall not be less than forty-five days and not

more than three months, specifying the reasons for continued suspension

by way of a written order (“Continuing Suspension Order”). On receipt

of a Continuing Suspension Order, the same procedure shall be followed

as specified in this Rule 18(2), 18(3) and 18(4) above.

(6) Without prejudice to an order of suspension passed by the

Licensing Authority, the security provided by way of bank guarantee

may also be forfeited in part, depending upon the extent of the violation.

If the security is forfeited, the same shall only be returned on the

Aggregator receiving the License again and not during either of the

Probationary period.

(7) Where a License is suspended, the Aggregator shall

immediately stop all operations under the License till the time such

suspension is revoked.

19. Cancellation of Aggregator License.—(1) A show cause

notice shall be issued to the Aggregator for cancellation of the

Aggregator’s License, if the Aggregator —

(a) Has received more than three (3) suspensions within one

financial year ; or

(b) Has failed to receive its License and NOC pursuant to a second

examination of the Continuing Suspension Order ; or

categorized by the Government under Rule 18(1) (d) above.

(2) The Licensing Authority may within two (2) days of issuing the

show cause notice provide an opportunity of being heard to the

Aggregator and thereafter cancel the license.

(3) Where a license is cancelled, the Aggregator shall immediately

stop all operations under the license.

(4) Without prejudice to an order of cancellation passed by the

Licensing Authority, the security provided by way of bank guarantee

shall be forfeited in full.

(5) The Aggregator may, at any time, voluntarily surrender the

license for cancellation. On such surrender of the license, the security by

20 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

way of bank guarantee if any shall be returned to the Aggregator after the

payment of outstanding dues if any.

20. Appeal.—(1) The Aggregator aggrieved by any order passed by

the Licensing Authority may, within 30 days of receipt of the order,

appeal to Government in Transport Department.

(2) An appeal shall be in the form of a memorandum in duplicate

setting forth the grounds for the appeal and shall be accompanied by the

requisite fee and the certified copy of the order passed by the Licensing

Authority.

21. Powers and responsibilities of the Government.—(1) The

Government shall be empowered to call for such information and

documents from the Aggregator, as deemed fit to ensure compliance by

the Aggregator with these rules pursuant to prior written notice. This

shall also include the power to investigate about the Drivers who have

been off boarded at more than one instance ;

(2) The Government shall have the power to conduct search and

investigation of the Aggregator’s premises, as specified in Form I of

these Rules, for the effective implementation of these rules.

(3) The Government shall provide access to the VAHAN and

SARATHI portal operated by the Ministry of Road Transport and

Highways, Government of India to enable the Aggregator to update the

details of vehicles and Drivers integrated with the App.

(4) The Government shall ensure complete confidentiality and

secrecy of the documents and information obtained from the Aggregator

under Rule 21(1) above and any such other information which it may call

for.

22. Fee for Aggregator.—

S. No.

Particulars

Amount in Rupees

Grant of license

5,00,000

Renewal of License

2,500

Issue of duplicate license

2,500

For noting change of address of

the Licensee

2,500

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 21

23. Security Deposit for Aggregator.—

S. No.

Particulars

Amount in Rupees

Up to 100 buses or 1000 other

motor vehicles

1,00,000

Up to 1000 buses or 10000 other

motor vehicles

2,50,000

More than 1000 buses or 10000

other motor vehicles

500,000

24. Repeal and savings.—(1) The Jammu and Kashmir Taxi

Aggregator Rules, 2020 (hereafter in this section referred to as the

repealed rules) are hereby repealed.

(2) Notwithstanding such repeal, any action taken under the rules

so repealed shall be deemed to have taken under the corresponding

provision of these rules.

By order of the Government of Jammu and Kashmir.

(Sd.) G. PRASANNA RAMASWAMY, IAS,

Secretary to the Government.

————

22 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

FORM I

[See Rule 6(1)]

Application for the Grant of License for Aggregator under the

Jammu and Kashmir Motor Vehicle Aggregator Rules, 2023

To,

The Transport Commissioner, J&K

I, the undersigned hereby apply for grant of a License for operation

as an Aggregator under the Jammu and Kashmir Motor Vehicle

Aggregator Rules, 2023.

Name in full

Address of the main office

Number of branches and addresses, if any

a. lf a registered company, enclose a copy of

certificate of incorporation ; or

b. lf a corporative society, enclose a copy of

certificate of registration of the Society ; or

c. If Partners under Limited Partnership Act,

2008, enclose a copy of the partnership

deed

Name and contact details of Key Managerial

Personnel or Authorized Signatory

Telephone number, website address and Email

Affidavit as per Rule [6 (1) (d)] & [6 (1) (e)]

Details of fee paid along with proof of

payment

Details of security deposit by way of Bank

Guarantee

favour

Transport

Commissioner, J&K

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 23

I hereby declare that the information given above and other

documents enclosed herewith are true to the best of my knowledge. I

understand that if any information is found to be incorrect at any point of

time, the License granted to me is liable to be cancelled, besides

initiating other legal action/actions against me. I have gone through the

Jammu and Kashmir Motor Vehicle Aggregator Rules, 2023. I accept

and agree to abide by the same and the reference statues and rules

mentioned herein.

Place:

Date:

Signature of the Applicant/Authorized Signatory

(along with company seal, as applicable)

————

24 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

FORM II

[See Rule 7(2)]

Application for the Renewal of License for Aggregator under the

Jammu and Kashmir Motor Vehicle Aggregator Rules, 2023

To,

The Transport Commissioner, J&K

I, the undersigned hereby apply for renewal of Taxi Aggregator

License for operation as an Aggregator under the Jammu and Kashmir

Motor Vehicle Aggregator Rules, 2023—

Name in full

Address of the main office

Number of branches and addresses, if any

a. lf a registered company, enclose a copy of

certificate of incorporation ; or

b. lf a corporative society, enclose a copy of

certificate of registration of the Society ; or

c. If Partners under Limited Partnership Act,

2008, enclose a copy of the partnership

deed.

Name and contact details of Key Managerial

Personnel or Authorized Signatory

Telephone number, website address and Email

Number of (type of vehicle) proposed to be

operated. (Enclose a separate list containing

vehicle numbers and permit particulars of each

vehicle)

Details of GPS/ GPRS facility

Details of other infrastructure

10.

Details of returns filed in the last three years.

Enclose copies of financial statements of last

three years

11.

Details of license:

a. License Number

b. No. of suspensions, if any, and details

thereof.

12.

Details of fee paid along with proof of

payment

13.

Details of security deposit by way of Bank

Guarantee

favour

Transport

Commissioner, J&K

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 25

I hereby declare that the information given above and other

documents enclosed herewith are true to the best of my knowledge. I

understand that if any information is found to be incorrect at any point of

time, the License granted to me is liable to be cancelled, besides

initiating other legal action/actions against me. I have gone through the

provisions of the Jammu and Kashmir Motor Vehicle Aggregator Rules,

2023. I accept and agree to abide by the same and the reference statues

and rules mentioned herein.

Place:

Date:

Signature of the Applicant/Authorized Signatory

(along with company seal, as applicable)

————

26 The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. [No. 21 –b

FORM III

[See rule 7(1)]

License for Aggregator

Mr./Mrs./M/s [__________] is hereby licensed to operate as an

Aggregator under the Motor Vehicles Act, 1988 in compliance with the

rules stipulated under the Jammu and Kashmir Motor Vehicle

Aggregator Rules, 2023.

Name of the Aggregator (in full)

Addresses of the main office

Addresses of the branches, if any

Telephone number, website address and

email id

Number of auto rickshaw/e-rickshaw/motor

cab/motor cycle or bus (as per the list

enclosed by the aggregator in Form I/II, as

may be required at the time of renewal)

Details of fee paid

Details of bank guarantee

The licensee shall comply with all the relevant rules as mandated

under the Jammu and Kashmir Motor Vehicle Aggregator Rules, 2023.

Place:

Date:

Signature of the Licensing Authority.

————

No. 21 –b] The J&K Official Gazette, 29th Aug., 2023/7th Bhad., 1945. 27

FORM IV

[See Rule 7(4)]

Application for the issue of Duplicate License

To,

The Transport Commissioner, J&K

Sir/Madam,

The License issued to [Name of the License] under Clause 6(1) of

the Jammu and Kashmir Motor Vehicle Aggregator Rules, 2023 bearing

No. [_______________] has been lost/destroyed/completely written

off/soiled/torn/mutilated in the following circumstances :—

[__________]

I/We hereby declare that to the best of my/our knowledge the

license has not been suspended or cancelled under the provision of the

Act or rules made thereunder and the circumstances explained above are

true.

I/We do hereby apply for the issue of a duplicate license.

The written off/soiled/torn/mutilated Certificate of registration is

enclosed/copy of the FIR filed against the loss of the License is enclosed.

Place:

Date:

Signature of the Applicant/Authorized Signatory

(along with company seal, as applicable)