Exercise imperative for effective implementation of Legislations
Law Deptt yet to receive draft copies for vetting
Mohinder Verma
JAMMU, Jan 28: Despite being aware of the fact that Rules play crucial role in effective implementation of the Legislations, Government departments are not showing seriousness in framing Rules of the Acts enacted by the Governor in exercise of the powers vested under Proclamation dated June 20, 2018.
By way of this Proclamation issued in exercise of powers conferred by Section 92 of the Jammu and Kashmir Constitution, the Governor assumed the powers of the Legislature to make laws under or by virtue of this Proclamation.
Accordingly, a number of new Acts were enacted by the Governor since June 20, 2018 and necessary amendments were carried out in certain existing Acts in order to widen their ambit keeping in view changing scenario.
“In all the new Acts enacted by the Governor, there is a provision, which confers powers on the Government to frame Rules for carrying out the purposes of the Acts. This provision is deliberately kept in majority of the laws as after all Government has to implement the same”, official sources told EXCELSIOR.
“Rules help govern a law and they are made to make the parent Act work. Moreover, Rules provide for the details that are not provided for in the Act. However, Rules by no means can go beyond the power conferred by the Act or extend the same”, they further said.
However, despite being aware of all this Government departments have yet not started showing seriousness towards framing the Rules of all those Acts which have been enacted by the Governor since June 20, 2018, they said, adding “as per the laid down procedure the concerned departments are required to prepare Draft Rules and then forward the same to the Department of Law and Justice for vetting. It is only after the approval of the Law Department that the Rules are notified by the concerned departments”.
“The concerned departments might have initiated exercise at their end but till date not even one Government department has approached us with Draft Rules of the Acts enacted by the Governor”, an officer in the Department of Law, Justice and Parliamentary Affairs said on the condition of anonymity.
Stating that Rules are imperative for effective implementation of the laws, he said, “the procedure to give practical shape to any legislation is only defined in the Rules as such their importance cannot be undermined”, adding “had there been no need of framing Rules the provision in this regard would not have been kept in the parent Acts”.
While admitting that there are number of Acts, which were enacted by the Legislature several years back but still their Rules have not been framed till date, sources said, “at least the Acts enacted by the Governor should have received due attention of the concerned Government departments”.
“In certain Acts it is mentioned that Rules are to be placed before the Legislature but at present the same are required to be submitted to the Governor since he assumes all the powers of the Legislature under Proclamation No.1/18 dated June 20, 2018”, sources further said.
The laws whose Rules have not been framed by the concerned Government departments include Jammu and Kashmir Drugs and Magic Remedies (Objec-tionable Advertisements) Act, 2018 assented to by the Governor on August 10, 2018; Jammu and Kashmir Single Window (Industrial Investments and Business Facilitation) Act, 2018 assented to by the Governor on September 24, 2018; Jammu and Kashmir State Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 2018 assented to by the Governor on August 8, 2018.
The other laws are Jammu and Kashmir Family Court Act, 2018 assented to by the Governor on November 13, 2018; Jammu and Kashmir Protection of Children from Sexual Violence Act, 2018 assented to by the Governor on December 7, 2018; J&K Rights of Persons with Disabilities Act, 2018 assented to by the Governor on December 4, 2018; Jammu and Kashmir Prohibition of Benami Property Transaction Act; Jammu and Kashmir State Commission for Protection of Women and Child Rights Act, Jammu and Kashmir Metropolitan Region Development Authority Act and Jammu and Kashmir Real Estate (Regulation and Development) Act, 2018 etc.
Follow our WhatsApp channel
