Avtar Bhat
JAMMU, Dec 15: Following the recent directives of Chief Minister, Mufti Mohammed Sayeed, Minister of Education, Naeem Akhtar has restored the delegation of powers to the Minister of State for Education Priya Sethi.
The MoS Education was restored all the powers delegated to a Minister of State as per the Government Order No 1200-GAD of 2004 dated 31-08-2004 and clarifications issued vide O. M No GAD (Admn) 221/2004-V dated June 6, 2006 and Government order No GAD 1556-GAD of 2009 dated November 11, 2009. An order to this effect was issued by Special Assistant to Minister of Education here.
The order said that the directives be complied by both the departments of Education and Higher Education in this regard.
Consequent upon the delegation of powers to the Minister of State for Education, the Commissioner Secretary to Government School Education Department Shaleen Kabra has withdrawn powers delegated to him earlier by the Minister of Education.
As per the Government order of 2004 issued by the General Administrative Department vide number 1200 GAD of 2004 the Ministers of State were delegated the powers to sanction honorarium in respect of all non- gazetted employees with the consent of the Finance Department, to order transfer and posting of non -gazetted employees working in their departments as per transfer policy. However, any premature transfer will be made with the approval of Minister incharge.
The MoS are entitled to sanction deputation of non gazetted employees for training in the institutions of the State or outside the State, to extend the transit period and permit their subordinate non gazetted staff moving with Government to its headquarters, to permit all non gazetted staff under their control attend technical conferences and departmental meetings in and outside the State within the country, to sanction tour programmes of subordinates outside their jurisdiction but within the State, to sanction local purchase of stationery, to sanction compensation to Government employees under workman’s compensation Act, to approve proposals for issuance of State buildings and valuable stores against fire upto limit of Rs 25,000 per annum, to sanction housing building advances in case of non gazetted employees, to sanction cases for medical treatment outside the State in case of non gazetted staff under medical attendance rules, to sanction condemnation of old vehicles and recommend purchase of new vehicles subject to availability of budget etc.
However, a clarification was issued to this order vide Government O M No. GAD (Admn) 221/2004 -V dated 6-6-2007 that only those cases of transfer of non gazetted employees are required to be placed before the MoS for approval which are being dealt with by the administrative Department or referred by the HoDs to the administrative department as per transfer policy. But the cases in which HoDs have the power to make the transfers as per the Department’s transfer policy are not required to be placed before MoS.
But another Order was issued by GAD vide No 1556 GAD of 2009 dated 11-11-2009 superceding earlier orders in this regard. As per this order all matters pertaining to non gazetted staff excluding transfers and postings as are being dealt at the level of respective administrative departments as per rules shall be at the disposal of Minister of State and files and papers pertaining to development schemes and projects costing up to Rs five crore shall be rooted by Administrative Secretaries through Minister of State concerned.
It may be recalled that on March 12 this year, Minister for Education, Naeem Akhtar had delegated powers to the Commissioner Secretary, School Education Department. This had led to resentment among the Ministers of State who took up the issue with Chief Minister during a breakfast meeting here recently.
As per the Government Order issued by the School Education Department, powers delegated to the Commissioner Secretary include transfer and postings/deputation of Chief Education Officers, Principals, ZEOs and their equivalent; promotions/placements/regularisation of officers up to the rank of Principals and equivalent; appointment recommended by recruiting agencies; finalization of pension cases in accordance with the rules; sanctioning deputation of officers/officials in connection with Government business/conferences/trainings etc outside the State.
He has also been empowered to sanction all types of leaves in accordance with the provisions of leave rules, issue No Demand Certificates on account of house building/scooter/car advance to the employee retiring on superannuation, grant NOC for obtaining passport/making an application for seeking employment elsewhere and to approve formation of departmental Recruitment Rules (Gazetted/ Non-Gazetted) after these have been cleared by the designated departments viz PSC, ARI/Training and Law Department.
Similarly, under Medical Attendance cum Allowance Rules, the Commissioner Secretary has been delegated the power to authorise the medical treatment outside the State but within the country in cases covered under these rules.
Moreover, in financial matters, the Commissioner Secretary has been delegated the powers for release/authorization of funds within the available budget provisions; references to Planning/Finance Departments concerning CSS; accord of administrative approval of works to the extent of Rs 25 lakh; sanction of advance drawal upto Rs 25 lakh; GP Fund withdrawals; delegation of DDO powers and payment to Standing Counsel as per rates approved by the Law Department.
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