THE JAMMU & KASHMIR GOVERNMENT GAZETTE Vol. 128] Jammu, Thu., the 31st Dec., 2015/10th Pausa, 1937. [ No. 40 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 .... PART11-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... PART II- B– Notifications, Notices and Orders by Heads of Departments, Provincial Heads, Magistrates and other officers competent to issue public notices under any law or rule .... PART II-C– Notifications, Notices and Orders by Election Commission of India, Chief Electoral Officer, Jammu and Kashmir and other Officers of the Department, Election Petitions and Judgements of Election Tribunal .... PART III- Laws, Regulations and Rules passed thereunder .... PART IV– Reprints from the Government of India Gazette or Gazettes of others Governments.... PART V– Information and Statistics .... (a) Rates and prices in the State.... (b) Rates and wages .... (c) Crop Report and Forecasts .... (d) Whether Observations .... (e) Vital Statistics .... SUPPLEMENT-A–Trade Monthly Imports and Exports from the State .... SUPPLEMENT-B–Police .... SUPPLEMENT-C–Advertisements .... Printed at the Ranbir Government Press, Jammu. 360-362 439-446 79-80 493-508 173-178 193-196
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THE JAMMU & KASHMIR GOVERNMENT GAZETTErgp.jk.gov.in/pdf/GAZETTE 2014/2015/Gazette No. 40 (31-12...PART I-A Jammu & Kashmir Government–Orders –––––––– HIGH COURT OF
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PART I-A— Appointments, promotions, transfers andleave of absence sanctioned by the Governor,Government and the Ministers ....
PART I-B– Notifications, Communiques and General Ordersby the Government and the Ministers ....
PART 11-A– Appointments, promotions, transfers andleave of absence sanctioned by Heads ofDepartments....
PART II- B– Notifications, Notices and Orders by Headsof Departments, Provincial Heads,Magistrates and other officers competent toissue public notices under any law or rule ....
PART II-C– Notifications, Notices and Orders by ElectionCommission of India, Chief Electoral Officer,Jammu and Kashmir and other Officers of theDepartment, Election Petitions andJudgements of Election Tribunal....
PART III- Laws, Regulations and Rules passedthereunder ....
PART IV– Reprints from the Government of India Gazetteor Gazettes of others Governments....
PART V– Information and Statistics ....(a) Rates and prices in the State....(b) Rates and wages....(c) Crop Report and Forecasts....(d) Whether Observations ....(e) Vital Statistics ....
SUPPLEMENT-A–TradeMonthly Imports and Exports fromthe State ....
SUPPLEMENT-B–Police ....
SUPPLEMENT-C–Advertisements ....
Printed at the Ranbir Government Press, Jammu.
360-362
439-446
79-80
493-508
173-178 193-196
PART I-A
Jammu & K ashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Notification
No. 375 Dated 05-10-2015.
It is hereby notified that vide High Court Order dated 29-09-2015Mr. Sucha Singh S/o Mr. Bachan Singh R/o H. No. 107, Sector No. 4,Sanjay Nagar, Jammu has been admitted and enrolled as an Advocate onthe Roll of Jammu and Kashmir Bar Council provisionally for a period ofone year from the date of issuance of this notification, subject to theverification of his provisional/LL.B Degree Certificate and verification ofhis Character and antecedent from the concerned agency. His name hasbeen entered under Serial No. JK-346/15 in the Roll of Advocatesmaintained by this Registry.
The renewal/extension of provisional license/enrolment must be soughtbefore the date of expiry unless the absolute/final enrolment as an Advocateis ordered therebefore.
––––––––
Notification
No. 376 Dated 05-10-2015.
It is hereby notified that vide High Court Order dated 29-09-2015Mr./Ms. Shaheryar S/o/D/o Mr. Bashir Ahmad Agoo R/o 107, Khalid Abad,Baghat Barzulla, Srinagar has been admitted and enrolled as an Advocateon the Roll of Jammu and Kashmir Bar Council provisionally for a periodof one year from the date of issuance of this notification, subject to the
No. 40 ] The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.361–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———verification of his/her provisional/LL.B Degree Certificate and verificationof his/her Character and antecedent from the concerned agency. His/Hername has been entered under Serial No. JK-349/15 in the Roll of Advocatesmaintained by this Registry.
The renewal/extension of provisional license/enrolment must be soughtbefore the date of expiry unless the absolute/final enrolment as an Advocateis ordered therebefore.
–––––––––
Notification
No. 377 Dated 05-10-2015.
It is hereby notified that vide High Court Order dated 29-09-2015Mr. Hritik Badyal S/o Mr. Ravi Parkash R/o H. No. 1312, Indra Colony,Janipur, Jammu has been admitted and enrolled as an Advocate on theRoll of Jammu and Kashmir Bar Council provisionally for a period of oneyear from the date of issuance of this notification, subject to the verificationof his provisional/LL.B Degree Certificate and verification of his Characterand antecedent from the concerned agency. His name has been enteredunder Serial No. JK-332/15 in the Roll of Advocates maintained by thisRegistry.
The renewal/extension of provisional license/enrolment must be soughtbefore the date of expiry unless the absolute/final enrolment as an Advocateis ordered therebefore.
––––––––
Notification
No. 378 Dated 05-10-2015.
It is hereby notified that vide High Court Order dated 29-09-2015Mr./Ms. Sumeerah Yousuf S/o/D/o Mr. Mohammad Yousuf BhatR/o Ushkara, Baramulla has been admitted and enrolled as an Advocateon the Roll of Jammu and Kashmir Bar Council provisionally for a periodof one year from the date of issuance of this notification, subject to the
362 The J&K Govt. Gazette, 31st Dec., 2015/10th Pausa, 1937.[ No. 40––––––––––––––––––––––––––––––––––––––––––––––––—–––————verification of his/her provisional/LL.B Degree Certificate and verificationof his/her Character and antecedent from the concerned agency. His/Hername has been entered under Serial No. JK-331/15 in the Roll of Advocatesmaintained by this Registry.
The renewal/extension of provisional license/enrolment must be soughtbefore the date of expiry unless the absolute/final enrolment as an Advocateis ordered therebefore.
–––––––––
Notification
No. 381 Dated 05-10-2015.
It is hereby notified that vide High Court Order dated 29-09-2015Mr. Noor Mohammad S/o Mr. Abdul Rehman R/o Maisuma, Gowkadal,Srinagar A/P Naseem Bagh, Habak, Srinagar has been admitted and enrolledas an Advocate on the Roll of Jammu and Kashmir Bar Council provisionallyfor a period of one year from the date of issuance of this notification,subject to the verification of his provisional/LL.B Degree Certificate andverification of his Character and antecedent from the concerned agency.His name has been entered under Serial No. JK-380/15 in the Roll ofAdvocates maintained by this Registry.
The renewal/extension of provisional license/enrolment must be soughtbefore the date of expiry unless the absolute/final enrolment as an Advocateis ordered therebefore.
(Sd.) KANEEZ FATIMA,
Registrar General.
THEJAMMU AND KASHMIR GOVERNMENT GAZETTE––––––––––––––––––––––––––––––––––––––––––––––––––––––Vol. 128] Jammu, Thu., the 31st Dec., 2015/10th Pausa, 1937. [ No. 40––––––––––––––––––––––––––––––––––––––––––––––––––––––Separate paging is given to this part in order that it may be filed as a
separate compilation.––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government ––Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR,CIVIL SECRETARIAT––GENERAL ADMINISTRATION
DEPARTMENT.
Subject :––Confirmation of the Junior Scale KAS, Probationers of 2012(I)Batch.
Reference :––Notification Nos. PSC/EXAM/2013/60 dated 17-07-2013and PSC/EXAM/2014/09 dated 04-02-2014 from the J&KPublic Service Commission.
––––––––
Government Order No.1461-GAD of 2015
Dated 19–11–2015.
In pursuance of rule 22(1)(a) of the Jammu and Kashmir CivilServices (Classification, Control and Appeal) Rules, 1956 read with rule 4of the Jammu and Kashmir Combined Competitive Service (Probation and
Examination) Rules, 2000, it is hereby ordered that thefollowing Junior Scale KAS Probationers, appointed vide GovernmentOrder No. 02-GAD of 2012 dated 02-01-2012, shall be deemed to havecompleted their period of probation satisfactorily :––
GOVERNMENT OF JAMMU AND KASHMIR,CIVIL SECRETARIAT––GENERAL ADMINISTRATION
DEPARTMENT.
Subject :––Confirmation of the Junior Scale KAS, Probationers of 2011Batch.
Reference :––Notification Nos. PSC/Exam/2012/97 dated 03-07-2012,PSC/Exam/2012/173 dated 13-12-2012, PSC/Exam/2013/60 dated 17-07-2013 and PSC/Exam/2014/09 dated04-02-2014 from the J&K Public Service Commission.
––––––––
Government Order No.1449-GAD of 2015
Dated 13–11–2015.
In pursuance of rule 22(1)(a) of the Jammu and KashmirCivil Services (Classification, Control and Appeal) Rules, 1956 read withrule 4 of the Jammu and Kashmir Combined Competitive Service(Probation and Examination) Rules, 2000, it is hereby ordered that the
following Junior Scale KAS Probationers appointed vide GovernmentOrder No. 434-GAD of 2011 dated 08-04-2011, shall be deemed to havecompleted their probation period satisfactorily :––
GOVERNMENT OF JAMMU AND KASHMIR,CIVIL SECRETARIAT––HOME DEPARTMENT.
Subject :––Temporary upgradation of 17 posts of Dy. SPs in the PayBand of Rs. 9300-34800 with Grade Pay of Rs. 4800/- asSuperintendents of Police in the Pay Band of Rs. 15600-39100with Grade Pay of Rs. 6600/-
Sanction is hereby accorded to the temporary upgradation of 17 postsof Dy. SPs held by 17 Selection Grade Dy. SPs (whose names are givenin Annexure‘A’ to this Order) in the Pay Band of Rs. 9300-34800 withGrade Pay of Rs. 4800/- as Superintendents of Police in the Pay Band ofRs. 15600-39100 with Grade Pay of Rs. 6600/-.
It is further ordered that the upgradation of the above 17 posts shallbe subject to the condition that the posts shall immediately revert to thepre-upgraded positions upon availability of vacancies of Superintendents ofPolice in the Police Department, by way of induction to IPS, retirement orotherwise.
By order of the Government of Jammu and Kashmir.
(Sd.) R. K. GOYAL, IAS,
Principal Secretary to the Government,Home Department.
JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION,RESHAM GHAR COLONY, BAKSHI NAGAR, JAMMU.
Subject :––Selection for the posts of Superintendent Jails in PrisonDepartment (Home Department).
Reference :––This Office Notification No. 07-PSC (DR-P) of 2014 dated20-03-2014.
––––––––
Notice
Dated 23–11–2015.
It is notified for information of the following candidates who hadapplied for the posts of Superintendent Jail in Prison Department (HomeDepartment), that they shall present themselves before the Principal,Government Medical College, Jammu/Srinagar for Medical Examinationwithin a week’s time positively along with Identity Proof on theproforma given in Annexure “A” to this notice, duly attested by aGazetted Officer :–
Particulars of the candidates
S. No. Name and Address Category––––––––––––––––––––––––––––––––––––––––––––––––––––––1. Barkat Ahmad Dar S/o Sh. Mohd Subhan Dar OM
JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION,RESHAM GHAR COLONY, BAKSHI NAGAR, JAMMU.
Notification No. PSC/Exam/2015/56
Dated 23–11–2015.
In continuation of this office Notification No. PSC/Exam/2015/07dated 07-08-2015, the result of the below mentioned candidates of SAC-I,Departmental Examination, Session July, 2014, which was withheld is nowdeclared as under :–––
Roll Name of the ParentagePI PII PIII PIV RemarksNo. Candidate––––––––––––––––––––––––––––––––––––––––––––––––––––––148 Tsewang Tsering 47 57 88 35 Passes in Papers I &
Chosgain Norboo III. Fails in Papers IIand IV.
154 Tenzin Tsering 38 40 74 31 Passes in Paper I &Choedak Namgyal III. Fails in Papers II
& IV.E&OE
By order.
(Sd.)...............................
Secretary and Controller of Examinations,J&K Public Service Commission.
In pursuance to Government Order No. 98-GAD of 2015 dated27-01-2015, issued by the General Administration Department, we theundersigned handover/takeover the charge of the post of Director, AreaPlanning and Ex-Officio Special Secretary to Government, Planning andDevelopment Department today on 05-02-2015 A. N.
(Sd.) SHOWKAT AHMAD BEIGH.
Relieved Officer.
(Sd.) SHABIR AHMAD BHAT.
Relieving Officer.
––––––––
In pursuance of Government Order No. 98-GAD of 2015 dated27-01-2015, we the undersigned have handed over and taken over thecharge of the Office of Deputy Commissioner/Chief Executive Officer,Ladakh Autonomous Hill Development Council, Leh today the2nd February, 2015 FN.
Notifications, Notices and Orders by Heads of Departments.
_______
GOVERNMENT OF JAMMU AND KASHMIR,OFFICE OF THE DIVISIONAL COMMISSIONER (J) ,
RAIL HEAD COMPLEX, JAMMU.
Subject :–Acquisition of land measuring 42 Kanals 18 Marlas situated inVillage Fatehpur, Tehsil and District Rajouri for construction ofroad from Fatehpur to Budheen under PMGSY-Issuance ofdeclaration under sections 6&7 of the LA Act, thereof.
–––––––
Notification No. 40-Div. Com. of 2015
Dated 03-11-2015.
Whereas, the land specification whereof as given below is requiredin Village Fatehpur, Tehsil and District Rajouri for public purpose namelyfor construction of road from Fatehpur to Budheen under PMGSY ;
Specification of land
District Tehsil Mouza Kh. Nos.––––––––––––––––––––––––––––––––––––––––––––––––––––––
Kls. Mls. Rajouri Rajouri Fatehpur As per 42–18
Annexure
Whereas, notification as required under sub-section (1) of section 4of the Land Acquisition Act, 1990 (Svt.) was issued by the Collector,Land Acquisition (ACR), Rajouri vide his notification issued underNo. AC/LA/1743-45 dated 29-03-2013 for the land measuring 42 Kanals18 Marlas situated in Village Fatehpur, Tehsil and District Rajouri ; and
Whereas, as per the report furnished by the Deputy Commissioner,Rajouri vide his No. AC/LA/445-46 dated 19-09-2015, no objections havebeen filed by the land owners/interested persons within the stipulated period,as required under sections 5&5(A) of the Land Acquisition Act ; and
Whereas, Deputy Commissioner, Rajouri has issued withdrawal ordervide No. AC/LA/552 dated 28-10-2015, in respect of notification undersections 6&7 of LA Act, issued earlier vide No. 04-DCR of 2013 underendorsement No. AC/LA/2013/215-18 dated 11-05-2013 ; and
Whereas, the undersigned is satisfied that the land, particulars whereofas mentioned above is required for public purpose and it is in public interestto acquire the land for construction of road from Fatehpur to Budheenunder PMGSY ;
Now, therefore, it is declared under section 6 of the Land AcquisitionAct, (Svt.) 1990 that the aforementioned land is needed for public purpose.Further, the Collector, Land Acquisition (ACR), Rajouri is directed undersection 7 of the said Act to take order for acquisition of the abovespecified land.
However, the Collector, Land Acquisition (ACR), Rajouri shall bepersonally responsible for proper title verification of all types of land involvedin the case, and in respect of all the interested parties/land owners/rightfulclaimants in accordance with the relevant laws/rules in force, whilemaking the final award in the case. Collector shall also ensure that no
additional fruit/non-fruit bearing trees and structures except already includedare incorporated/entertained after the issuance of declaration. Collectorshall be personally responsible if any award for any additional land/FBTrees/NFB Trees/Structures is issued/has been issued separately for theFatehpur to Budheen road under PMGSY.
GOVERNMENT OF JAMMU AND KASHMIR,OFFICE OF THE DIVISIONAL COMMISSIONER (J),
RAIL HEAD COMPLEX, JAMMU.
Subject :–Acquisition of land measuring 95 Kanals 17 Marlas situated inVillage Indloo, Tehsil Thathri, District Doda for construction ofKM 13th TKN road to Challar-Issuance of declaration undersections 6&7 of the LA Act, thereof.
–––––––
Notification No. 41-Div. Com. of 2015
Dated 03-11-2015.
Whereas, the land specification whereof as given below is requiredin Village Indloo, Tehsil Thathri, District Doda for public purpose namelyfor construction of KM 13th TKN road to Challar under PMGSY ;
Specification of land
District Tehsil Mouza Kh. Nos.––––––––––––––––––––––––––––––––––––––––––––––––––––––
Kls. Mls.
Doda Thathri Indloo As per 95–17 Annexure
Whereas, notification as required under sub-section (1) of section 4of the Land Acquisition Act, 1990 Svt. was issued by the Collector,Land Acquisition (SDM), Bhaderwah vide his notification issued underNo. 376-82/LAC/14 dated 17-07-2014 and subsequent CorrigendumNo. 982-86/LAS/14 dated 29-10-2014, for land measuring 95 Kanals 17Marlas situated in Village Indloo, Tehsil Thathri, District Doda for publicpurpose namely construction of KM 13th TKN road to Challar underPMGSY ; and
Whereas, as per the report furnished by the Deputy Commissioner,Doda vide his No. 496/LAC/D/15 dated 17-10-2015, no objections werefiled by the land owners/interested persons within the stipulated period, asrequired under sections 5 & 5(A) of the Land Acquisition Act ; and
Whereas, the undersigned is satisfied that the land, particulars whereofas mentioned above is required for public purpose and it is in public interestto acquire the land for construction of KM 13th TKN road to Challarunder PMGSY ; and
Now, therefore, it is declared under section 6 of the Land AcquisitionAct, (Svt.) 1990 that the aforementioned land is needed for public purpose.Further, the Collector, Land Acquisition (SDM), Bhaderwah is directedunder section 7 of the said Act, to take order for acquisition of the abovespecified land.
However, the Collector, Land Acquisition (SDM), Bhaderwah shallbe personally responsible for proper title verification of all types of landinvolved in the case, and in respect of all the interested parties/land owners/rightful claimants in accordance with the relevant laws/rules in force, whilemaking the final award in the case. Collector shall also ensure that noadditional fruit/non-fruit bearing trees and structures except already includedare incorporated/entertained after the issuance of declaration. Collectorshall be personally responsible if any award for any additional land/FBTrees/NFB Trees/Structures is issued/has been issued separately for theKM 13th TKN road to Challar in Village Indloo under PMGSY.
GOVERNMENT OF JAMMU AND KASHMIR,OFFICE OF THE DIVISIONAL COMMISSIONER (J),
RAIL HEAD COMPLEX, JAMMU.
Subject :–Acquisition of land measuring 186 Kanals 11 Marlas situated inVillage Partapkote, Tehsil Suchetgarh, District Jammu forconstruction of Composite Bundh road and Naka-cum-Machencum-fighting bunker along with Indo Pak Border (135 feet widestrip)-lssuance of declaration under sections 6&7 of the LA Act,thereof.
–––––––
Notification No. 42-Div. Com. of 2015
Dated 06-11-2015.
Whereas, the land specification whereof are given below is requiredfor defence purpose namely for construction of (135 feet wide strip)Composite Bund/Border Fencing along Indo Pak Border by BSF ;
Specification of land
District Tehsil Mouza Kh. Nos.––––––––––––––––––––––––––––––––––––––––––––––––––––––
Kls. Mls.
Jammu R. S. Pura Partapkote As per 186–11Now AnnexureSuchetgarh
Whereas, notification as required under sub-section (1) of section 4of the Land Acquisition Act, 1990 Svt. was issued by the Collector,Land Acquisition (SDM), R. S. Pura vide Notification No. LA/BSF/Partapkote/2014/771-79 dated 31-01-2014 for the land measuring 186Kanals 11 Marlas situated in Village Partapkote, Tehsil Suchetgarh, DistrictJammu ; and
Whereas, the report furnished by the Deputy Commissioner, Jammuvide letters No. DCJ/LA/BF-135/2014-15/943-44 dated 18-03-2015 andNo. DCJ/LA/Partapkote/2015-16/543-44 dated 29-10-2015, no objectionshave been filed by the land owners/interested persons within thestipulated period, as required under sections 5 & 5(A) of the LandAcquisition Act ; and
Whereas, the undersigned is satisfied that the land, particulars whereofas mentioned above is required for public purpose and it is in interest ofsecurity of nation to acquire the land for construction of (135 feet widestrip) Composite Bund/Border Fencing along Indo Pak Border in VillagePartapkote, Tehsil R. S. Pura now Suchetgarh, District Jammu.
Now, therefore, it is declared under section 6 of the Land AcquisitionAct, (Svt.) 1990 that the aforementioned land is needed for public purpose.Further, the Collector, Land Acquisition (SDM), R. S. Pura is directedunder section 7 of the said Act, to take order for acquisition of the abovespecified land.
However, the Collector, Land Acquisition (SDM), R. S. Pura shall bepersonally responsible for proper title verification of all types of land involvedin the case, in respect of all the interested parties/land owners/rightfulclaimants in accordance with the relevant laws/rules in force, whilemaking the final award in the case and shall also ensure that no additionalfruit/non-fruit bearing trees and structures except already included areincorporated/entertained after the issuance of declaration.
I, Jatin Mishra S/o Ramesh Kumar, Residence of R. K. Furnishing,Talab Tillo, Bohri, Jammu applying for the correction of my father namein my PAN Card bearing No. BGPPM9187A. My father name isRamesh Kumar instead of Romesh Kumar Mishra. Objection, if any,may be conveyed to the conceren authorty.
GOVERNMENT OF JAMMU AND KASHMIR,DIRECTORATE GENERAL, FIRE AND EMERGENCY SERVICES,
J&K, JAMMU.
GIST of e-NIT No. 11 of 2015
Dated 09-12-2015.
For and on behalf of the Governor of J&K State, e-Tenders areinvited from the reputed manufacturers/registered firms/fabricators havingtheir own registered working sites having 5 years past experience in suchtype of fabrications, for fabrication of 06 units (Tentative) of Fire Tenderswith accessories and equipments as specified in Annexure-A & B :–––
––––––––––––––––––––––––––––––––––––––––––––––––––––––Fabrication of 06 units of Fire ` 1.00 lacs ` 10000/-Tenders on Ashok Leyland1616iL-4330 mm (170.5'') WBChassis (BS-III) Diesel Engine.
Date of publishing of 09-12-2015.tender notice
Period of downloading From 09-12-2015 to 29-12-2015.of documents
Date of submission of 09-12-2015 to 29-12-2015.online documents
Date of submission of 30-12-2015 up to 04.00 P. M.hard copy
Date of opening of 31-12-2015 or subsequenttender convenient date.
The tender documents along with other Terms and Conditions ofthe NIT and relevant documents can be downloaded from the Statee-Portal http://jktenders.gov.in. The tender shall be uploaded in electronicformat on the website http://jktenders.gov.in. The bidders shall have toupload scanned copy of all necessary documents like CDR/PAN/TIN/Demand Draft (Tender Fee)/registration certificate duly renewed and hardcopies thereof physically to tender receipting authority on 28-12-2015 up to4.00 P. M. The cost of tender documents shall be in the form of Bank Draftdrawn in favour of Accounts Officer, Fire and Emergency Services, J&Kpayable at Srinagar/Jammu and Earnest Money shall be pledged to DirectorGeneral, Fire and Emergency Services, J&K. The local SSI units shallhave to deposit EMD as prescribed by the Government subject to productionof proof of their registration as SSI units for the trade/item/items tenderedout, from Industries Department alongwith latest status report. The unitsregistered with NSIC shall have to deposit Earnest Money in full like otherfirms. Cost of tender documents is non-refundable, whileas the EarnestMoney is refundable.
JAMMU AND KASHMIR GOVERNMENT,OFFICE OF THE GENERAL MANAGER,
RANBIR GOVERNMENT PRESS, JAMMU.
Short Term Tender Notice
Sealed quotations duly affixed with Revenue Stamps worth Rs. 5/-are invited from reputed firms for Rate Contractor of “Vaccum Pump withMotor” for Singal Colour Sheetfed Offset Machine Model SOM-136 offollowing specifications which should reach in this office by or before02-01-2016 up to 12.00 Noon and shall be opened on the same day or anyother date convenient to the Unit Purchase Committee of the department.
S. No. Specifications Quantity–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Vaccum Pump with Motor 03 Nos.
(3 Phase with 3HP)
Terms and Conditions :
1. The tenderers are advised to furnish earnest money of Rs. 5,000/-in the shape of CDR/FDR duly pledged to the General Manager,Ranbir Government Press, Jammu.
2. The rates are FOR Press included all taxes and charges.
3. Supply of material shall be made within 10 days from the dateof placement of supply order.
4. The supplied material shall be guaranteed for a period of oneyear. Any loss/damage during the guarantee period shall beremoved/replaced by the firm free of cost.
For and on behalf of the Governor of Jammu and Kashmir.
GOVERNMENT OF JAMMU AND KASHMIR,DIRECTORATE OF STATIONERY AND OFFICE SUPPLIES, J&K,
JAMMU.
e-Tenders
NIT No. DSS/62 of 2015 dated 30-11-2015
Sealed tenders affixed with revenue stamps worth Rs. 5/- (Rupeesfive only) e-Tenders are invited for and on behalf of the Governor of Jammuand Kashmir from the manufacturers and authorized dealers for said NITfor the year 2015-16 :––
Name of the NIT Cost of Tender CDR/FDRDocument
––––––––––––––––––––––––––––––––––––––––––––––––––––––Machinery/Equipments Rs. 600/- Rs. 75,000/- eachfor two Govt. Presses, (Rupees six annexure (RupeesJammu/Srinagar. hundred only) seventy five thousand
only for each annexure).
i. Annexure- ‘A-I’ for RanbirGovt. Press, Jammu.
ii . Annexure- ‘A-II’ for Govt.Press, Srinagar.
Cost of tender document (in shape of Demand Draft favouring ofDirector, Stationery and Office Supplies, J&K. Earnest Money (in shapeof CDR/FDR) in original favouring Director/Charirman, Central PurchaseCommittee, Directorate of Stationery and Government Presses, Jammu/Srinagar.
The complete tender details comprising of NIT TenderDocument can be seen/downloaded from the Government websitehttp://jktenders.gov.in from 30-11-2015 (10.00 A. M.) to 28-12-2015 (4.00P. M.).
Bids shall be uploaded/submitted in electronic format, on the samewebsite http://jktenders.gov.in from 01-12-2015 (1.00 P. M.) to 28-12-2015(4.00 P. M.).
The uploaded bids on the website will be opened on 04-01-2016(12.00 Noon) in the Office of Chairperson, Central Purchase CommitteeC/o Directorate of Stationery and Office Supplies, J&K, Rail Head Complex,Jammu in presence of bidders who wish to attend. In case of holiday on thedate of opening of bid, bids will be opened on the next working day at sametime and venue.
The detailed tender notice containing terms and conditions of theaforesaid NIT’s can be had from website http://jktenders.gov.in.
Cost of tender document (in shape of Demand Draft) in favour ofDirector, Stationery and Office Supplies, J&K and Earnest Money (in shapeof CDR/FDR) from any Scheduled Bank in original favouring Chairman,Central Purchase Committee, Directorate of Stationery and GovernmentPresses, Jammu/Srinagar along with requisite documents i. e. AuthorizationCertificate/Dealership Certificate, TIN number, Sales tax/Income taxclearance and any other relevant document which the tenderer maylike to submit on shape of Hard Copy should reach in the Office ofMember-Secretary, Central Purchase Committee C/o Directorate ofStationery and Office Supplies, J&K, Rail Head Complex, Jammu throughby person/Speed Post/Registered Post/Courier only before due date ofsubmission of technical bid i. e. 29-12-2015 (1.00 P. M.). Department shallnot be responsible for any delay due to any reason.
(Sd.) KHILARI LAL,
Member-Secretary,Central Purchase Committee, Dte. of
Sty. and Government Presses, Jammu/Srinagar,J&K, Jammu.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,OFFICE OF THE SUPERINTENDING ENGINEER,ELECTRIC PURCHASE CIRCLE-IIND, BEMINA,
SRINAGAR-190010.
Cancellation Notice
In view of the guidelines issued by Techno EconomicCommittee Meeting held on 6th April, 2015, the below mentioned NIT
floated vide this office letter No. SE/EPC-II/149-62 dated 02-05-2015, ishereby cancelled.
NIT No. Tender ID Description of Material––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3––––––––––––––––––––––––––––––––––––––––––––––––––––––EPC-II/05/ 2015-PDD Purchase of 8.0 Mtr. 9.0 Mtr. and2015-16 17129-1 11.0 Mtr. Long PCC Poles with
MINISTRY OF LAW AND JUSTICE(Legislative Department)
New Delhi, the 23rd October, 2015/Kartika 1, 1937 (Saka).
THE ARBITRATION AND CONCILIATION(AMENDMENT) ORDINANCE, 2015
No. 9 of 2015
Promulgated by the President in the Sixty-sixth Year of the Republicof India.
An Ordinance to amend the Arbitration and Conciliation Act, 1996.
Whereas, Parliament is not in session and the President is satisfiedthat circumstances exist which render it necessary for him to take immediateaction.
Now, therefore, in exercise of the powers conferred by clause (1) ofArticle 123 of the Constitution, the President is pleased to promulgate thefollowing Ordinance :—
1. Short title and commencement.––(1) This Ordinance may becalled the Arbitration and Conciliation (Amendment) Ordinance, 2015.
(2) It shall come into force at once.
2. Amendment of section 2.––In the Arbitration and ConciliationAct, 1996 (26 of 1996) (hereinafter referred to as the principal Act), insection 2,—
(I) in sub-section (1)—
(A) for clause (e), the following clause shall be substituted,namely :—
‘(e) “Court” means—
(i) in the case of an arbitration other thaninternational commercial arbitration, theprincipal Civil Court of original jurisdiction ina district, and includes the High Court inexercise of its ordinary original civiljurisdiction, having jurisdiction to decide thequestions forming the subject-matter of thearbitration if the same had been the subject-matter of a suit, but does not include any civilcourt of a grade inferior to such principal CivilCourt, or any Court of Small Causes ;
(ii) in the case of international commercialarbitration, the High Court in exercise of its
ordinary original civil jurisdiction, havingjurisdiction to decide the questions formingthe subject-matter of the arbitration if thesame had been the subject-matter of a suit,and in other cases, a High Court havingjurisdiction to hear appeals from decrees ofcourts subordinate to that High Court ; ’ ;
(B) in clause (f), in sub-clause (iii), the words“a company or” shall be omitted ;
(II) in sub-section (2), the following proviso shall be inserted,namely :––
“Provided that subject to an agreement to the contrary, theprovisions of sections 9, 27 and clause (a) of sub-section (1)and sub-section (3) of section 37 shall also apply tointernational commercial arbitration, even if the place ofarbitration is outside India, and an arbitral award made or tobe made in such place is enforceable and recognised underthe provisions of Part II of this Ordinance.”.
3. Amendment of section 7.––In section 7 of the principal Act, insub-section (4), in clause (b), after the words “or other means oftelecommunication”, the words “including communication through electronicmeans” shall be inserted.
4. Amendment of scction 8.––In section 8 of the principal Act,—
(i) for sub-section (1), the following sub-section shall besubstituted, namely :—
“(1) A judicial authority, before which an action is broughtin a matter which is the subject of an arbitration agreementshall, if a party to the arbitration agreement or any personclaiming through or under him, so applies not later than the
6. Amendment of section 11.–– In section 11 of the principal Act,—
(i) in sub-sections (4), (5) and (6), for the words “the ChiefJustice or any person or institution designated by him”wherever they occur, the words “the Supreme Court or, asthe case may be, the High Court or any person or institutiondesignated by such Court” shall be substituted ;
(ii) after sub-section (6), the following sub-sections shall beinserted, namely :—
“(6A) The Supreme Court or, as the case may be, theHigh Court, while considering any application undersub-section (4) or sub-section (5) or sub-section (6), shall,notwithstanding any judgment, decree or order of any court,confine to the examination of the existence of an arbitrationagreement.
(6B) The designation of any person or institution by theSupreme Court or, as the case may be, the High Court, forthe purposes of this section shall not be regarded as adelegation of judicial power by the Supreme Court or theHigh Court.” ;
(iii) in sub-section (7), for the words “the Chief Justice or theperson or institution designated by him is final”, the words“the Supreme Court or, as the case may be, the High Courtor the person or institution designated by such Court is finaland no appeal including Letters Patent Appeal shall lie againstsuch decision” shall be substituted ;
(iv) for sub-section (8), the following sub-section shall besubstituted, namely :—
“(8) The Supreme Court or, as the case may be, the HighCourt or the person or institution designated by suchCourt, before appointing an arbitrator, shall seek a
disclosure in writing from the prospective arbitrator interms of sub-section (1) of section 12, and have dueregard to—
(a) any qualifications required for the arbitrator by theagreement of the parties ; and
(b) the contents of the disclosure and otherconsiderations as are likely to secure theappointment of an independent and impartialarbitrator.” ;
(v) in sub-section (9), for the words “the Chief Justice of Indiaor the person or institution designated by him”, the words“the Supreme Court or the person or institution designatedby that Court” shall be substituted ;
(vi) for sub-section (10), the following sub-section shall besubstituted, namely :—
“(10) The Supreme Court or, as the case may be, the HighCourt, may make such scheme as the said Court maydeem appropriate for dealing with matters entrusted bysub-section (4) or sub-section (5) or sub-section (6), to it.” ;
(vii) in sub-section (11), for the words “the Chief Justices ofdifferent High Courts or their designates, the Chief Justiceor his designate to whom the request has been first made”,the words “different High Courts or their designates, the HighCourt or its designate to whom the request has been firstmade” shall be substituted ;
(viii) for sub-section (12), the following sub-section shall besubstituted, namely :—
‘(12) (a) Where the matters referred to in sub-sections (4),(5), (6), (7), (8) and sub-section (10) arise in an internationalcommercial arbitration, the reference to the “Supreme
Court or, as the case may be, the High Court” in thosesub-sections shall be construed as a reference to the“Supreme Court” ; and
(b) Where the matters referred to in sub-sections (4), (5),(6), (7), (8) and sub-section (10) arise in any other arbitration,the reference to “the Supreme Court or, as the case may be,the High Court” in those sub-sections shall be construed asa reference to the “High Court” within whose local limitsthe principal Civil Court referred to in clause (e) ofsub-section (1) of section 2 is situate, and where the HighCourt itself is the Court referred to in that clause, to thatHigh Court.’ ;
(ix) after sub-section (12), the following sub-sections shall beinserted, namely :—
“(13) An application made under this section for appointmentof an arbitrator or arbitrators shall be disposed of by theSupreme Court or the High Court or the person or institutiondesignated by such Court, as the case may be, as expeditiouslyas possible and an endeavour shall be made to dispose of thematter within a period of sixty days from the date of serviceof notice on the opposite party.
(14) For the purpose of determination of the fees of thearbitral tribunal and the manner of its payment to the arbitraltribunal, the High Court may frame such rules as may benecessary, after taking into consideration the rates specifiedin the Fourth Schedule.
Explanation :—For the removal of doubts, it is herebyclarified that this sub-section shall not applyto international commercial arbitration andin arbitrations (other than internationalcommercial arbitration) in casewhere parties have agreed for determinationof fees as per the rules of an arbitralinstitution.”.
7. Insertion of new section 11A.––After section 11 of the principalAct, the following new section shall be inserted, namely :—
“1lA. Power of Central Government to amend FourthSchedule.––(l) If the Central Government is satisfied that it isnecessary or expedient so to do, it may, by notification in the OfficialGazette, amend the Fourth Schedule and thereupon the FourthSchedule shall be deemed to have been amended accordingly.
(2) A copy of every notification proposed to be issued undersub-section (1), shall be laid in draft before each House ofParliament, while it is in session, for a total period of thirty dayswhich may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the sessionimmediately following the session or the successive sessionsaforesaid, both Houses agree in disapproving the issue of thenotification or both Houses agree in making any modification inthe notification, the notification shall not be issued or as the casemay be, shall be issued only in such modified form as may beagreed upon by both the Houses of Parliament.”.
8. Amendment of section 12.––In section 12 of the principal Act,—
(i) for sub-section (1), the following sub-section shall besubstituted, namely :—
“(1) When a person is approached in connection with hispossible appointment as an arbitrator, he shall disclose inwriting any circumstances,—
(a) such as the existence either direct or indirect, of anypast or present relationship with or interest in any ofthe parties or in relation to the subject-matter in dispute,whether financial, business, professional or other kind,which is likely to give rise to justifiable doubts as to hisindependence or impartiality ; and
(b) which are likely to affect his ability to devote sufficienttime to the arbitration and in particular his ability tocomplete the entire arbitration within a period of twelvemonths.
Explanation 1 :—The grounds stated in the Fifth Scheduleshall guide in determining whethercircumstances exist which give rise tojustifiable doubts as to the independenceor impartiality of an arbitrator.
Explanation 2 :—The disclosure shall be made by suchperson in the form specified in the SixthSchedule.” ;
(ii) after sub-section (4), the following sub-section shall beinserted, namely :—
“(5) Notwithstanding any prior agreement to the contrary,any person whose relationship, with the parties or counsel orthe subject-matter of the dispute, falls under any of thecategories specified in the Seventh Schedule shall be ineligibleto be appointed as an arbitrator :
Provided that parties may, subsequent to disputes havingarisen between them, waive the applicability of thissub-section by an express agreement in writing :
Provided further that this sub-section shall not apply to caseswhere an arbitrator has already been appointed on or beforethe commencement of the Arbitration and Conciliation(Amendment) Ordinance, 2015.”.
9. Amendment of section 14.––In section 14 of the principal Act, insub-section (1), in the opening portion, for the words “The mandate of anarbitrator shall terminate if”, the words “The mandate of an arbitrator shall
terminate and he shall be substituted by another arbitrator, if” shall besubstituted.
10. Substitution of new section for section 17.––For section 17 ofthe principal Act, the following section shall be substituted, namely :—
“17. Interim measures ordered by arbitrai tribunal .––(1) A party may, during the arbitral proceedings or at any timeafter the making of the arbitral award but before it is enforced inaccordance with section 36, apply to the arbitral tribunal—
(i) for the appointment of a guardian for a minor or person ofunsound mind for the purposes of arbitral proceedings ; or
(ii) for an interim measure of protection in respect of any of thefollowing matters, namely :—
(a) the preservation, interim custody or sale of anygoods which are the subject-matter of the arbitrationagreement ;
(b) securing the amount in dispute in the arbitration ;
(c) the detention, preservation or inspection of any propertyor thing which is the subject-matter of the dispute inarbitration, or as to which any question may arise thereinand authorising for any of the aforesaid purposes anyperson to enter upon any land or building in thepossession of any party, or authorising any samples tobe taken, or any observation to be made, or experimentto be tried, which may be necessary or expedient forthe purpose of obtaining full information or evidence ;
(d) interim injunction or the appointment of a receiver ;
(e) such other interim measure of protection as may appearto the arbitral tribunal to be just and convenient, and the
14. Amendment of section 28.––In section 28 of the principalAct, for sub-section (3), the following sub-section shall be substituted,namely :––
“(3) While deciding and making an award, the arbitral tribunalshall, in all cases, take into account the terms of the contract andtrade usages applicable to the transaction.”.
15. Insertion of new sections 29A and 29B.––After section 29 ofthe principal Act, the following new sections shall be inserted, namely :—
“29A. Time limit for arbitral award .–– (1) The award shall bemade within a period of twelve months from the date the arbitraltribunal enters upon the reference.
Explanation :—For the purpose of this sub-section, an arbitraltribunal shall be deemed to have entered uponthe reference on the date on which the arbitratoror all the arbitrators, as the case may be, havereceived notice, in writing, of their appointment.
(2) If the award is made within a period of six months from thedate the arbitral tribimal enters upon the reference, the arbitraltribunal shall be entitled to receive such amount of additional feesas the parties may agree.
(3) The parties may, by consent, extend the period specified insub-section (1) for making award for a further period not exceedingsix months.
(4) If the award is not made within the period specified in sub-section (1) or the extended period specified under sub-section (3),the mandate of the arbitrator(s) shall terminate unless the Courthas, either prior to or after the expiry of the period so specified,extended the period :
Provided that while extending the period under this sub-section, ifthe Court finds that the proceedings have been delayed for the
16. Amendment of section 31.––In section 31 of the principal Act,—
(i) in sub-section (7), for clause (b), the following shall besubstituted, namely :—
‘(b) A sum directed to be paid by an arbitral award shall,unless the award otherwise directs, carry interest at the rateof two per cent, higher than the current rate of interestprevalent on the date of award, from the date of award tothe date of payment.
Explanation :––The expression “current rate of interest” shallhave the same meaning as assigned to itunder clause (b) of section 2 of the InterestAct, 1978 (14 of 1978).’ ;
(ii) for sub-section (8), the following sub-section shall besubstituted, namely :—
“(8) The costs of an arbitration shall be fixed by the arbitraltribunal in accordance with section 31 A.”.
17. Insertion of new section 31A.––After section 31 of the principalAct, the following new section shall be inserted, namely :—
“31 A. Regime for costs.––(1) In relation to any arbitrationproceeding or a proceeding under any of the provisions of thisAct pertaining to the arbitration, the Court or arbitraltribunal, notwithstanding anything contained in the Code of CivilProcedure, 1908 (5 of 1908), shall have the discretion todetermine—
(a) whether costs are payable by one party to another ;
(4) The Court or arbitral tribunal may make any order under thissection including the order that a party shall pay—
(a) a proportion of another party’s costs ;
(b) a stated amount in respect of another party’s costs ;
(c) costs from or until a certain date only ;
(d) costs incurred before proceedings have begun ;
(e) costs relating to particular steps taken in the proceedings ;
(f) costs relating only to a distinct part of the proceedings ; and
(g) interest on costs from or until a certain date.
(5) An agreement which has the effect that a party is to pay thewhole or part of the costs of the arbitration in any event shall beonly valid if such agreement is made after the dispute in questionhas arisen.”.
18. Amendment of section 34.––In section 34 of the principal Act,—
(i) in sub-section (2), in clause (b), for the Explanation, thefollowing Explanations shall be substituted, namely :—
“Explanation 1.—For the avoidance of any doubt, it isclarified that an award is in conflict withthe public policy of India, only if,—
(i) the making of the award was induced or affectedby fraud or corruption or was in violation ofsection 75 or section 81; or
(ii) it is in contravention with the fundamental policy ofIndian Law ; or
19. Substitution of new section for section 36.––For section 36 ofthe principal Act, the following section shall be substituted, namely :—
“36. Enforcement.––(1) Where the time for making anapplication to set aside the arbitral award under section 34 hasexpired, then, subject to the provisions of sub-section (2), suchaward shall be enforced in accordance with the provisions of theCode of Civil Procedure, 1908 (5 of 1908), in the same manneras if it were a decree of the court.
(2) Where an application to set aside the arbitral award has beenfiled in the Court under section 34, the filing of such an applicationshall not by itself render that award unenforceable, unless theCourt grants an order of stay of the operation of the said arbitralaward in accordance with the provisions of sub-section (3), on aseparate application made for that purpose.
(3) Upon filing of an application under sub-section (2) for stay ofthe operation of the arbitral award, the Court may, subject to suchconditions as it may deem fit, grant stay of the operation of suchaward for reasons to be recorded in writing :
Provided that the Court shall, while considering the applicationfor grant of stay in the case of an arbitral award for payment ofmoney, have due regard to the provisions for grant of stay of amoney decree under the provisions of the Code of CivilProcedure, 1908 (5 of 1908).”.
20. Amendment of section 37.––In section 37 of the principal Act,in sub-section (1), for clauses (a) and (b), the following clauses shall besubstituted, namely :––
“(a) refusing to refer the parties to arbitration under section 8 ;
(b) granting or refusing to grant any measure under section 9 ;
(c) setting aside or refusing to set aside an arbitral award undersection 34.”.
21. Amendment of section 47.––In section 47 of the principalAct, for the Explanation, the following Explanation shall be substituted,namely :—
‘Explanation :—In this section and in the sections following in thisChapter, “Court” means the High Court havingoriginal jurisdiction to decide the questions formingthe subject-matter of the arbitral award if the samehad been the subject-matter of a suit on its originalcivil jurisdiction and in other cases, in the HighCourt having jurisdiction to hear appeals fromdecrees of courts subordinate to such HighCourt.’.
22. Amendment of section 48.––In section 48 of the principal Act,for the Explanation to sub-section (2), the following Explanations shall besubstituted, namely :—
“Explanation 1 :—For the avoidance of any doubt, it is clarifiedthat an award is in conflict with the public policyof India, only if,—
(i) the making of the award was induced oraffected by fraud or corruption or was inviolation of section 75 or section 81 ; or
(ii) it is in contravention with the fundamentalpolicy of Indian Law ; or
(iii) it is in conflict with the most basic notionsof morality or justice.
Explanation 2 :—For the avoidance of doubt, the test as to whetherthere is a contravention with the fundamentalpolicy of Indian Law shall not entail a review onthe merits of the dispute.”.
23. Amendment of section 56.––In section 56 of the principal Act,the Explanation shall be renumbered as Explanation 1 thereof, and after the
Explanation 1 as so renumbered, the following Explanation shall be inserted,namely :—
‘Explanation 2 :—In this section and in the sections following inthis Chapter, “Court” means the High Courthaving original jurisdiction to decide thequestions forming the subject-matter of thearbitral award if the same had been the subject-matter of a suit on its original civil jurisdictionand in other cases, in the High Court havingjurisdiction to hear appeals from decrees ofcourts subordinate to such High Court.’.
24. Amendment of section 57.––In section 57 of the principal Act, insub-section (1), for the Explanation, the following Explanations shall besubstituted, namely :—
“Explanation 1 :—For the avoidance of any doubt, it is clarifiedthat an award is in conflict with the publicpolicy of India, only if,—
(i) the making of the award was induced oraffected by fraud or corruption or was inviolation of section 75 or section 81 ; or
(ii) it is in contravention with the fundamentalpolicy of Indian Law ; or
(iii) it is in conflict with the most basic notions ofmorality or justice.
Explanation 2 :— For the avoidance of doubt, the test as to whetherthere is a contravention with the fundamentalpolicy of Indian Law shall not entail a review onthe merits of the dispute.”.
25. Insertion of new Fourth Schedule, Fifth Schedule, SixthSchedule and Seventh Schedule.––After the Third Schedule to theprincipal Act, the following new schedules shall be inserted, namely :—
Above Rs. 5,00,000/- Rs. 45,000/- plus 3.5 per centand up to Rs. 20,00,000/- of the claim amount over and
above Rs. 5,00,000/-
Above Rs. 20,00,000/- Rs. 97,500/- plus 3 per centand up to Rs. 1,00,00,000/- of the claim amount over and
above Rs. 20,00,000/-
Above Rs. 1,00,00,000/- Rs. 3,37,500/- plus 1 per centand up to Rs. 10,00,00,000/- of the claim amount over and
above Rs. 1,00,00,000/-
Above Rs. 10,00,00,000/- Rs. 12,37,500/- plus 0.75 per centand up to Rs. 20,00,00,000/- of the claim amount over
and above Rs. 1,00,00,000/-
Above Rs. 20,00,00,000/- Rs. 19,87,500/- plus 0.5 per centof the claim amount overand above Rs. 20,00,00,000/-with a ceiling of Rs. 30,00,000/-.
Note :—In the event, the arbitral tribunal is a sole arbitrator, he shall beentitled to an additional amount of twenty-five per cent, on the feepayable as per the table set out above.
THE FIFTH SCHEDULE
[See section 12 (l)(b)]
The following grounds give rise to justifiable doubts as to theindependence or impartiality of arbitrators :––
Arbitrator ’s relationship with the parties or counsel––
1. The arbitrator is an employee, consultant, advisor or has any otherpast or present business relationship with a party.
2. The arbitrator currently represents or advises one of the partiesor an affiliate of one of the parties.
3. The arbitrator currently represents the lawyer or law firm actingas counsel for one of the parties.
4. The arbitrator is a lawyer in the same law firm which isrepresenting one of the parties.
5. The arbitrator is a manager, director or part of the management,or has a similar controlling influence, in an affiliate of one of theparties if the affiliate is directly involved in the matters in disputein the arbitration.
6. The arbitrator’s law firm had a previous but terminatedinvolvement in the case without the arbitrator being involvedhimself or herself.
7. The arbitrator’s law firm currently has a significant commercialrelationship with one of the parties or an affiliate of one of theparties.
8. The arbitrator regularly advises the appointing party or an affiliateof the appointing party even though neither the arbitrator nor hisor her firm derives a significant financial income therefrom.
9. The arbitrator has a close family relationship with one of the partiesand in the case of companies with the persons in the managementand controlling the company.
10. A close family member of the arbitrator has a significant financialinterest in one of the parties or an affiliate of one of the parties.
11. The arbitrator is a legal representative of an entity that is a partyin the arbitration.
12. The arbitrator is a manager, director or part of the management,or has a similar controlling influence in one of the parties.
13. The arbitrator has a significant financial interest in one of theparties or the outcome of the case.
14. The arbitrator regularly advises the appointing party or an affiliateof the appointing party, and the arbitrator or his or her firm derivesa significant financial income therefrom.
Relationship of the arbitrator to the dispute––
15. The arbitrator has given legal advice or provided an expert opinionon the dispute to a party or an affiliate of one of the parties.
16. The arbitrator has previous involvement in the case.
Arbitrator ’s direct or indir ect interest in the dispute––
17. The arbitrator holds shares, either directly or indirectly, in one ofthe parties or an affiliate of one of the parties that is privatelyheld.
18. A close family member of the arbitrator has a significant financialinterest in the outcome of the dispute.
19. The arbitrator or a close family member of the arbitrator has aclose relationship with a third party who may be liable to recourseon the part of the unsuccessful party in the dispute.
Previous services for one of the parties or other involvementin the case––
20. The arbitrator has within the past three years served as counselfor one of the parties or an affiliate of one of the parties or haspreviously advised or been consulted by the party or an affiliateof the party making the appointment in an unrelated matter, butthe arbitrator and the party or the affiliate of the party have noongoing relationship.
21. The arbitrator has within the past three years served as counselagainst one of the parties or an affiliate of one of the parties in anunrelated matter.
22. The arbitrator has within the past three years been appointed asarbitrator on two or more occasions by one of the parties or anaffiliate of one of the parties.
23. The arbitrator’s law firm has within the past three years actedfor one of the parties or an affiliate of one of the parties in anunrelated matter without the involvement of the arbitrator.
24. The arbitrator currently serves, or has served within the past threeyears, as arbitrator in another arbitration on a related issue involvingone of the parties or an affiliate of one of the parties.
Relationship between an arbitrator and another arbitrator orcounsel––
25. The arbitrator and another arbitrator are lawyers in the same lawfirm.
26. The arbitrator was within the past three years a partner of, orotherwise affiliated with, another arbitrator or any of the counselin the same arbitration.
27. A lawyer in the arbitrator’s law firm is an arbitrator in anotherdispute involving the same party or parties or an affiliate of oneof the parties.
28. A close family member of the arbitrator is a partner or employeeof the law firm representing one of the parties, but is not assistingwith the dispute.
29. The arbitrator has within the past three years received more thanthree appointments by the same counsel or the same law firm.
Relationship between arbitrator and party and others involvedin the arbitration––
30. The arbitrator’s law firm is currently acting adverse to one of theparties or an affiliate of one of the parties.
Prior experience (including experience with arbitrations) :
Number of ongoing arbitrations :
Circumstances disclosing any past or present relationship with orinterest in any of the parties or in relation to the subject-matter in dispute,whether Financial, Business, Professional or other kind, which is likely togive rise to justifiable doubts as to your independence or impartiality(list out) :
Circumstances which are likely to affect your ability to devote sufficienttime to the arbitration and in particular your ability to finish the entirearbitration within twenty-four months and render an award within threemonths (list out) :
THE SEVENTH SCHEDULE
[See section 12(5)]
Arbitrator ’s relationship with the parties or counsel––
1. The arbitrator is an employee, consultant, advisor or has any otherpast or present business relationship with a party.
2. The arbitrator currently represents or advises one of the partiesor an affiliate of one of the parties.
3. The arbitrator currently represents the lawyer or law firm actingas counsel for one of the parties.
4. The arbitrator is a lawyer in the same law firm which isrepresenting one of the parties.
5. The arbitrator is a manager, director or part of the management,or has a similar controlling influence, in an affiliate of one of theparties if the affiliate is directly involved in the matters in disputein the arbitration.
6. The arbitrator’s law firm had a previous but terminatedinvolvement in the case without the arbitrator being involvedhimself or herself
7. The arbitrator’s law firm currently has a significant commercialrelationship with one of the parties or an affiliate of one of theparties.
8. The arbitrator regularly advises the appointing party or an affiliateof the appointing party even though neither the arbitrator nor hisor her firm derives a significant financial income therefrom.
9. The arbitrator has a close family relationship with one of the partiesand in the case of companies with the persons in the managementand controlling the company.
10. A close family member of the arbitrator has a significant financialinterest in one of the parties or an affiliate of one of the parties.
11. The arbitrator is a legal representative of an entity that is a partyin the arbitration.
12. The arbitrator is a manager, director or part of the management,or has a similar controlling influence in one of the parties.
13. The arbitrator has a significant financial interest in one of theparties or the outcome of the case.
14. The arbitrator regularly advises the appointing party or an affiliateof the appointing party, and the arbitrator or his or her firm derivesa significant financial income therefrom.
Relationship of the arbitrator to the dispute––
15. The arbitrator has given legal advice or provided an expert opinionon the dispute to a party or an affiliate of one of the parties.
16. The arbitrator has previous involvement in the case. Arbitrator’sdirect or indirect interest in the dispute
17. The arbitrator holds shares, either directly or indirectly, in one ofthe parties or an affiliate of one of the parties that is privatelyheld.
18. A close family member of the arbitrator has a significant financialinterest in the outcome of the dispute.
19. The arbitrator or a close family member of the arbitrator has aclose relationship with a third party who may be liable to recourseon the part of the unsuccessful party in the dispute.
Explanation 1 :— The term, “close family member” refers to a spouse,sibling, child, parent or life partner.
Explanation 2 :— The term “affiliate” encompasses all companies inone group of companies including the parentcompany.
Explanation 3 :––For the removal of doubts, it is clarified that it maybe the practice in certain specific kinds of arbitration,such as maritime or commodities arbitration, to drawarbitrators from a small, specialised pool. If in suchfields it is the custom and practice for partiesfrequently to appoint the same arbitrator in differentcases, this is a relevant fact to be taken into accountwhile applying the rules set out above.’.