Neeraj Rohmetra
Jammu, Oct 13: Governor N N Vohra has returned the file pertaining to the Bill approved by the Cabinet, which is aimed at providing retrospective effect to pension revision arrears to the former Legislators on the pattern of sitting Legislators, with a note saying, “the Financial Memorandum pertaining to the Act hadn’t been enclosed in the file”.
Reliable sources told EXCELSIOR, “though the Governor had not principally opposed the introduction of this Money Bill in the Legislature, he was curious to know the financial implications of the proposed bill”, adding, “as per the official procedure, all such Money Bills are normally accompanied by Financial Memorandum dwelling on the burden the State exchequer has to bear after their implementation”.
Official sources in Finance Department claimed that the financial repercussions after the enactment of the Act had been discussed threadbare by top officials before giving the final clearance for introduction of Bill to the Cabinet. “The Financial Memorandum is ready with the Government and will shortly be again submitted to the Raj Bhavan for seeking consent of the Governor for introduction of the Bill in the Legislature”, sources affirmed.
Sources further elaborated, “as far as fate of the amendment in the J&K State Legislature Members Pension Act, 2011 in order to provide pension revision arrears to the former Legislators on the pattern of sitting Legislators is concerned, the Bill is likely to be now introduced in the budget session to be held in the winter capital of the State”.
As per the provisions of the Jammu and Kashmir Constitution, which deals with the special procedure of Money Bill prior concurrence of State Governor is mandatory for their introduction in the Legislature and such Bill can only be introduced in the Legislative Assembly.
“In this case, the Governor had returned the file with note stating about missing Financial Memorandum on October 10, a day after the Assembly session was adjourned sine-die”, sources said adding, “as such the Bill will now be introduced only in the next budget session”.
Official sources also pointed out, “the State Governor had earlier also written to the State Government that all the Money Bills, which they intend to introduce in Legislature should be sent at least 21 days before its introduction so that sufficient time is available to scrutinize the financial implication of such Bills. In this case also, the file pertaining to Amendment Bill proposing retrospective effect in pension had been sent late to the Raj Bhavan”.
While admitting some delay on part of Finance Department, sources remarked, “there were two issues involved in the proposed amendment. While there was consensus on according sanction to the amendment in the J&K State Legislature Members Pension Act, 2011 in order to provide pension revision arrears to the former Legislators on the pattern of sitting Legislators of the State, the State Finance Department was still working on the issue of raising medical allowances of former Legislators”.
“After several rounds of discussion, it had been decided that the Finance Department would study the example being followed by other States of the country in the cases pertaining to medical allowances of former Legislators and the exercise is still one”, sources remarked.
Ruling out the possibility for introduction of Ordinance for the proposed amendment, sources said, “since the issue pertained only to giving retrospective effect to hike in pension of former Legislators, delay by few months wouldn’t make any difference”.
The pension of ex-Legislators is governed by the J&K State Legislature Members’ Pension Act, 1984 and this Act was amended in the year 2011 with April 21, 2011 as its date of commencement. However, the salaries and allowances of the Legislators, Ministers and Deputy Ministers were enhanced with September 1, 2009 as date of enforcement.
Since then there has been constant demand from the ex-Legislators for payment of arrears of pension with effect from September 1, 2009 instead of April 21, 2011 as has been done in case of sitting Members of the State Legislature. The ex-Legislators even raised this issue before the Chief Minister and Minister for Law, Justice and Parliamentary Affairs.
On October 4, the State Cabinet also gave nod to the amendment in the J&K State Legislature Members Pension Act, 2011 in order to provide pension revision arrears to the former Legislators on the pattern of sitting Legislators to pave way for its introduction in the Legislative Assembly.
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