* Govt plans to avoid direct election of Sarpanchs
Mohinder Verma
JAMMU, June 21: State Cabinet, which is meeting under the chairmanship of Chief Minister, Mehbooba Mufti at Civil Secretariat Srinagar tomorrow evening, will give nod to the introduction of six Bills in the ongoing Budget Session of the State Legislature for discussion and approval.
These bills include Amendments in Grant of Permanent Resident Certificate (PRC) Act, Jammu and Kashmir Panchayati Raj Act, Jammu and Kashmir Civic Laws (Special Provisions) Act, J&K State Land Acquisition Act and Jammu and Kashmir Alienation of Land Act.
Highly placed sources told EXCELSIOR that the Housing and Urban Development Department has planned to extend moratorium on sealing and demolition of illegal structures by way of extending the applicability of Jammu and Kashmir Civic Laws (Special Provisions Act), 2014 which had outlived its utility on December 31, 2015.
This Act was enacted by the State Legislature during the tenure of National Conference-Congress Coalition Government in the Budget Session of 2014 in order to avoid implementation of directives passed by the Division Bench of State High Court vide its order dated December 31, 2013.
The DB had directed for sealing and demolition of structures that had come up in violation of Master Plans and Building Bye-Laws in the holy town of Katra and capital cities of Jammu and Srinagar.
The judgment of the High Court was not taken in right perspective by the then Government in view of the political implications. Initially the moratorium was imposed on the action against illegal construction for one year till March 31, 2015 on the ground that by this time Government would come up with a policy to deal with the issue.
However, the PDP-BJP Coalition Government too followed the foot-steps of National Conference-Congress Coalition Government and during the Budget Session of 2015, Deputy Chief Minister, Dr Nirmal Singh, who is also Minister Incharge Housing and Urban Development Department, moved a Bill seeking extension of freeze on action against unauthorized constructions till December 31, 2015.
“Even during this period the Government failed to come up with the policy to deal with illegal encroachments and applicability of the Act ended from January 1, 2016”, sources said, adding “now after remaining in deep slumber over the issue for six months, the Housing and Urban Development Department has come up with an amendment bill seeking to further extend the applicability of J&K Civic Laws (Special Provisions) Act by one more year”.
They said that Cabinet which is meeting tomorrow at 5 pm, will discuss the bill and give nod for its introduction in Assembly during the ongoing Budget Session.
Similarly, the Cabinet will discuss the bill seeking to amend Grant of Permanent Resident Certificate Act and give approval for tabling in the House.
“The amendments are aimed at ensuring that on the transfer of the officers having the powers to issue PRC people don’t face problems”, sources said, adding “at present the Revenue Department issues notifications authorizing the officers by name to issue PRCs and the major flaw of this is that unless issuance of fresh notification following the transfer of earlier designated officer the people are not issued PRCs even after completion of all the requisite formalities”.
“By way of amendments, the Government wants to mention the posts, which are authorized to issue PRCs and this will facilitate the officers to issue PRCs without waiting for Revenue Department notification”, sources informed.
As far as amendment in Panchayati Raj Act is concerned, sources said, “under the existing provisions, the Panchs as well as Sarpanchs are elected by the people. Now, the Government wants to avoid direct election of Sarpanchs by carrying out suitable amendments in the Act”.
Under the Act to be amended by the Legislature, the Sarpanchs will be elected by Panchs and not the people. Moreover, instead of one Block Development Council for each Block, the Government wants one Block Development Council over a group of blocks especially those having small jurisdiction.
“The Government wants to convene elections to Panchayats under the amended Act”, sources said.
They informed that Cabinet will also give nod for introduction of bills to amend J&K Alienation of Land Act and J&K State Land Acquisition Act. “These amendments are aimed at redressing land related issues, which are creating numerous problems for the Government”, sources added.
Sources informed that Cabinet will also put seal of approval on the proposal of Forest Department regarding creation of posts besides giving nod to the proposal regarding appointment of Principal Secretary to Chairperson of J&K State Accountability Commission.
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