Governor accords powers of Ministers to CS, Admn Secys

Sanjeev Pargal
JAMMU, Jan 14: In a decision aimed at running the Government effectively and ensure that the work didn’t suffer in the absence of popular Government, Governor NN Vohra today accorded powers of Ministers to the Chief Secretary and the Administrative Secretaries.
“The Chief Secretary and the Administrative Secretaries will exercise the specific powers given to them through an order issued today by the General Administration Department (GAD) on the directions of the Governor, whose rule was imposed in the State with effect from January 8 after the death of Chief Minister Mufti Mohammad Sayeed,” official sources told the Excelsior.
Sources said the top bureaucrats have been accorded powers of the Ministers as there seems no early formation of the Government and work was suffering as the Council of Ministry had ceased to exist for more than a week now i.e. in the morning of January 7 with the death of Mufti Sayeed.
There were 25 Ministers in the State including the Chief Minister, the maximum Jammu and Kashmir can have as per the Constitutional provisions. Of them, 19 were Cabinet Ministers and six Ministers of State.
“The powers vested with the Ministers have now been shifted to the Chief Secretary and the Administrative Secretaries to ensure effective functioning of the Government and keep works of the people going till popular Government takes over,” sources said, adding that the bureaucrats would use these powers till new Government is sworn-in in the State.
Chief Secretary BR Sharma, who also holds charge of Planning and Development Department, has been empowered with according administrative approval to all kind of works/projects under plan/non-plan worth Rs 7.5 crore and up to Rs 20 crores with the concurrence of Planning and Finance Departments.
He will also order utilization of funds under Centrally Sponsored Schemes, Central Mega Flagship Schemes/TFC grants/Plan schemes having financial implications to the tune of Rs 50 crores in each case.
The Chief Secretary will also be authorized to open treasuries/sub treasuries with concurrence of Finance Department, exempt cases under GST, Entry Tax and Toll Tax.
Sharma has been empowered to order transfers, posting and adjustments of officers up to the level of Time Scale KAS officers and equivalent apart from sanctioning deputation of the officers of the level of Secretaries and above or equivalent for Government business/training outside the State but within the country.
The Chief Secretary will be authorized to relax age/qualification for regularization of daily rated workers and condonation of breaks in qualifying service for regularization in accordance with the provisions of SRO 64 of 1994 within the numbers registered with the Finance Department.
Other powers entrusted to the Chief Secretary including sanction to all kind of leave of officers of the level of Secretaries and above, accord approval to voluntary retirement and acceptance of resignation of Government employees in accordance with the Rules and appointment of non-gazetted staff of subordinate departments on the recommendations of the J&K Services Selection Board.
As per the official order, the Administrative Secretaries have been empowered with according approval in respect of individual works costing up to Rs 7.5 crores as prescribed under ‘Book of Financial Powers’. They will also be empowered to release funds (scheme/object wise) authorized by Finance Department and Planning and Development Departments under their administrative control and sanction of advance drawls up to Rs 25 lakh with the concurrence of FA & CAO.
The Administrative Secretaries have been delegated with DDO powers in respect of officers of the departments under their administrative control with the concurrence of FA & CAO, all advance drawl cases beyond an amount of Rs 25 lakh with prior concurrence of the Finance Department and issuance of Government guarantees, also with the concurrence of Finance Department.
On transfer and postings, the Administrative Secretaries will send every transfer proposal to the Chief Secretary, who will determine whether the proposed transfer was required to be ordered at this stage.
The Administrative Secretary of GAD has been entrusted with special powers including transfer, posting, adjustments of Under Secretaries, Administrative Officers of J&K Administrative Officers (Gazetted) Service, Private Secretaries and equivalent officers, order promotion of eligible Under Secretaries, Administrative Officers and Private Secretaries for a period not exceeding six months pending regularization with the concurrence of the PSC and sanction pension covered under rules in respect of IAS officers and officials subordinate to the GAD.
Other major powers vested with the Administrative Secretary, GAD included decision on cases regarding compulsory waiting of officers up to the level of Special Secretaries and equivalent, sanction deputation of officers up to the level of Special Secretaries or equivalent for Government business/training outside the State but within the country, decided cases regarding compulsory waiting of officers up to the level of Special Secretaries and equivalent, release funds in favour of Administrative Departments of Civil Secretariat as authorized by the Finance and Planning and Development Departments, powers to make appointments on non-gazetted posts on the recommendations of J&K Services Selection Board, compassionate appointments under SRO-43, inter-departmental transfers/deputation of non-gazetted Government/PSU employees and sanctioning of advance drawls up to Rs 25 lakh with the concurrence of FA and CAO.
The Administrative Secretary to Planning and Development Department, who in present case also happens to be the Chief Secretary himself, will be authorized to release additionalities up to Rs 25lakh in favour of various departments/District Development Commissioners under district plans (only for ongoing schemes), additionalities up to Rs 50 lakh in respect of State Plan (also for ongoing schemes), re-appropriation of funds from one approved scheme to another within a sector, approval of Annual Plans after formal adoption, revised estimated within the sector or district and re-appropriation of funds for ongoing schemes under the BADP.
The Administrative Secretary, Finance Department has been empowered to contract all Open Market Borrowings as approved in the ‘Scheme of Financing for Annual Plan 2015-16’, provide temporary liquidity mismatch by taking the Overdrafts route with J&K Bank under RBI’s Ways and Means facility within the permissible limit, authorize funds under the Centrally Sponsored Schemes/Central Mega Flagship Schemes/TFC Grants/Plan up to a monetary limit of Rs 50 crores in each case and revalidation of such funds authorized previously, without any monetary limit and sanction additionalities under all non-plan object heads of expenditure excepting few cases.
He will deal with all cases of payments out of ‘Contingency Fund of the State’ and matters where prior consultation/opinion/concurrence of Finance Department is required to be obtained under Government Business Rules/Codal provisions/other Standing orders and instructions.
The Administrative Secretary, Higher Education Department has been empowered to release Grant-in-Aid to the Universities/Colleges and other institutions strictly in accordance with the authorization of Planning/Finance Departments, grant NOC for establishment of private colleges, institutions of Higher/Technical Education or addition of courses in accordance with the Policy and order release of NSS grants to the Universities.
The Administrative Secretary, School Education Department will deal with all issues of implementation of SSA, RMSA and other Centrally Sponsored Schemes, all issued of Mid-Day Meal Scheme for school going children up to the level of 8th standard and recognition of private schools as per the approved norms.