Significant amendments carried out in J&K Business Rules
Police proposals not to be rejected till placed before LG
Sanjeev Pargal
JAMMU, July 12: In a major development, the Union Ministry of Home Affairs (MHA) today carried out significant amendments in the Rules of business of Jammu and Kashmir Union Territory under which all proposals regarding transfer of Administrative Secretaries and All India Services (AIS) officers will be submitted to the Lieutenant Governor by the Chief Secretary.
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The amendments in the Business of Jammu and Kashmir Rules, 2019 were carried out by the MHA today and came amidst reports that Assembly elections could be held in the Union Territory in September.
As per the amendments, all proposals regarding transfer of Administrative Secretaries and All India Services officers will be submitted to the Lieutenant Governor by the Administrative Secretary General Administration Department through the Chief Secretary
“Provided also that in respect of matters connected with posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, proposal shall be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department through the Chief Secretary,” read the notification issued by the MHA.
It said no proposals on police, public order, All India Services and Anti-Corruption Bureau (ACB) shall be concurred or rejected unless it has been placed before the Lieutenant Government.
According to the amendments, almost all key proposals would now go to the Lieutenant Governor through the Chief Secretary.
While presently the Lieutenant Governor is the boss in the absence of Legislative Assembly in Jammu and Kashmir, the amendments will assume great significance once there is elected Government in the Union Territory headed by the Chief Minister.
Proposals for appointment of Advocate General and Law Officers will be submitted to the Lieutenant Governor through the Chief Secretary and the Chief Minister.
“The Department of Law, Justice and Parliamentary Affairs shall submit the proposal for appointment of Advocate-General and other Law Officers to assist the Advocate-General in the court proceedings, for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister,” the amendments read.
In the latest amendments, the Chief Secretary has also gained significant powers.
The MHA further said the proposals requiring prior concurrence of the Finance department on the matters over which the Lieutenant Governor has discretionary powers shall not be concurred or rejected unless it has been placed before the Lieutenant Governor through the Chief Secretary.
“No proposal which requires previous concurrence of the Finance Department with regard to ‘Police’ ‘Public Order’, ‘All India Service’ and ‘Anti -Corruption Bureau’ to exercise the discretion of the Lieutenant Governor under the Act shall be concurred or rejected unless it has been placed before the Lieutenant Governor through the Chief Secretary,” the amendments stated.
“Any proposal regarding grant or refusal of prosecution sanction or filing of appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs,” read the MHA’s notification.
It further said that the proposals regarding the Prisons, Directorate of Prosecution and Forensic Science Laboratory shall be submitted to the Lieutenant Governor by Administrative Secretary, Home Department through the Chief Secretary.
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