The JAMMU AND KASHMIR REGISTRATION OF CONTRACTORS ACT, 1956.

REGISTRATION  OF CONTRACTORS
ACT, 1956
(Act No. XVI of 1956)
THE JAMMU AND KASHMIR REGISTRATION OF
CONTRACTORS ACT, 1956.
(Act No. XVI of 1956)
CONTENTS
SECTION
REGISTRA TION OF CONTRACTORS ACT, 1956293
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1. Short title, extent and com-  mencement.
2. Definitions.
3. Eligibility of registered contractor to undertake or offer   to undertake
to carry out a work.
4. Registration of contractors, certificate of registration.
5. Removal of name from Register.
6. Renewal of certificate of registration.
7. Form of tender.
8. Stamp chargeable on deed excuted by contractor.
9. Exemption.
10. Rule making power.
REGISTRA TION OF CONTRACTORS ACT, 1956295
THE JAMMU AND KASHMIR REGISTRATION OF
CONTRACTORS ACT, 1956
(Act No. XVI of 1956)
[Received the assent of the Sadar-i-Riyasat on 8th October, 1956
and published in the Government Gazette dated 25th October, 1956].
An  Act to provide for registration of contractors in the Civil
Departments of the 1[Union territory of Jammu and Kashmir] and other
connected matters.
Be it enacted in the Seventh Year of the Republic of India as
follows :––
1. Short title, extent and commencement. ––(1) This Act may be
called the Jammu and Kashmir Registration of Contractors Act, 1956.
(2) It shall extend to the 2[whole of the Union territory of Jammu
and Kashmir].
3[(3) It shall come into force from such date as the 4[Government
of  the Union territory of Jammu and Kashmir] may, by notification in the
*[Government Gazette], appoint in this behalf.]
2. Definitions.–– In this Act, unless there in anything repugnant in
the subject or context,––
(1) “Department” means Civil Department of the 4[Government of
the Union territory of Jammu and Kashmir] as may be specified from time
to time by the 4[Government of  the Union territory of Jammu and Kashmir]
by a notification in the *[Government Gazette] and includes the offices
of Local Bodies and  Panchayats ;
(2) “Head of the Department” includes a person or authority
authorised by the 4[Government of  the Union territory of Jammu and
Kashmir] to act for all or any of the purposes of this Act ;
1. Construed for “Jammu and Kashmir State” by S.O. 3912(E) dated 30.10.2019.
2. Substituted by S.O. 1229(E) dated 31.03.2020 for “whole of the State”.
3. Enforced w.e.f. Ist day of August, 1969 by SRO-378 dated 19-7-1969.
4. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government”.
* Now Official Gazette.
REGISTRA TION OF CONTRACTORS ACT, 1956296
(3) “Prescribed” means prescribed by rules made under this Act ;
(4) “Works” means construction works by a Department and includes
works executed by the employment of labour by contractors or lessees
including the lessees of the Forest Department.
3. Eligibility of registered contractor to undertake or offer to
undertake to carry out a work.–– No person shall be eligible to undertake
or offer to undertake to carry out a work on behalf of a Department unless
he is a registered contractor of that Department and holds a valid
registration certificate as provided hereinafter.
4. Registration of contractors, certificate of registration.––
(1) Application for registration as contractor shall be made to the Head
of the Department in writing in the prescribed form.
(2) The Head of the Department or any officer authorised by the
1[Government of  the Union territory of Jammu and Kashmir] in this behalf
may, after taking into consideration the financial  position of the applicant,
his capacity to undertake work and such other  matters as he may deem
fit, enter the name of the applicant in the  register maintained for the
purpose and issue certificate of registration as contractor for the
Department  under his control for the current financial year in such form
and under such conditions and on payment of such fees as may be
prescribed.
(3) For the purpose of this section and section 6, the rates of fee
for different classes of contractors shall be determined in accordance with
the rules made under this Act.
5. Removal of name from Register. ––(1) The Head of the Department
may, for reasons to be recorded, direct the removal altogether or for a
specified period from the register of the name of any registered contractor.
On the issue of such an order the certificate of registration issued in
favour of the contractor shall be deemed to be cancelled.
(2) An appeal shall lie to the Minister-in-Charge of the Department
against an order of the Head of the Department directing the removal of
the name  of a registered contractor from the register. Such appeal shall
be preferred within thirty days from the date of the order.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government”.
REGISTRA TION OF CONTRACTORS ACT, 1956297
(3) The Minister-in-Charge of the Department may authorise the
Deputy Minister-in-Charge of the Department to hear and dispose of all
or any of such appeals.
6. Removal of certificate of registration.–– A contractor who is
registered  and obtains a certificate of registration under section 4 may
apply for  renewal of his certificate on or before the expiry of the financial
year for which the certificate is issued and the Head of the Department
or any officer authorised by him may issue order for its renewal for the
next financial year subject to such conditions and on payment of such
fees as may be prescribed.
7. Form of tender.–– Form of tender to undertake or offer to
undertake to carry out a work shall be available from the Head of the
Department or the officer authorised by him to issue certificate of
registration under sub-section (2) of section 4, on payment of a prescribed
fee not exceeding 1[Rs. 100] calculated in accordance with the estimated
value of the work which may be determined by the Head of the
Department.
8. Stamp chargeable on deed executed by contractor.––
Notwithstanding anything contained in the Stamp Act, 1977, a deed to
be executed by a contractor for carrying out works in the Department shall
be chargeable with stamp duty calculated at rates not exceeding 1 p.c.
as may be determined by the 2[Government of the Union territory of Jammu
and Kashmir] on the sum for which the work has been sanctioned by the
competent authority.
9. Exemption.–– The 2[Government of the Union territory of Jammu
and Kashmir] may, by notification in the *[Government Gazette], exempt
any person or class of persons from the operation of this Act or from
any of the provisions thereof.
10. Rule making power. ––(1) The Government may make rules for
carrying out the provisions of this Act.
(2) In  particular and without prejudice to the generality of the
foregoing provisions, such rules may––
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Rs. 30”.
2. Substituted ibid for “Government”.
* Now Official Gazette.
(a) prescribe the form of application for registration as contractor,
(b) prescribe form of register to be kept for certificate of registration
and renewal of such certificate and the conditions subject to
which certificate of registration may be issued or renewal of
such certificate may be ordered,
(c) specify the scale of fee payable by different classes of
contractors for obtaining certificate of registration and for
renewal of such certificate,
(d) specify the scale of fee payable for form of tender according
to estimated value of the works to be undertaken,
(e) prescribe qualifications for the eligibilty of a contractor for
registration,
(f) prescribe conditions for the removal of a contractor from the
Register under section 5.
––––––
REGISTRA TION OF CONTRACTORS ACT, 1956298

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