Excelsior Correspondent
JAMMU, Mar 23: Government today introduced bills on juvenile justice, provident fund, civil services and regularization of adhoc, contractual and consolidated employees in the Legislative Assembly.
While introducing the bill on juvenile justice, Minister for Social Welfare, Sakina Itto said, “the J&K Juvenile Justice Act, 1997 presently in force has been found insufficient in meeting the requirements necessary for dealing with the juveniles”.
“The objective behind the J&K Juvenile Justice (Care and Protection of Children) Bill is to provide proper care, treatment and protection to the juveniles in conflict with law and children in need of care and protection and establishment of Juvenile Justice Boards in every district or a group of districts or each division of the State headed by Judicial Magistrate of First Class for juveniles in conflict with law”, the Minister said in the statement of objects and reasons.
Following enactment of new law, observation homes will be established and maintained by the Government for reception of juveniles, in conflict with law who don’t have parents/guardian for preliminary inquiries, care and classification of juveniles according to the age group such as seven to twelve years, twelve to sixteen years and sixteen to eighteen years, giving due considerations to physical and mental status and degree of the offence committed, the Minister said, adding Special Juvenile Police Units will be created for apprehension of the juveniles in conflict with law and to produce them before the Board without placing them in police lock-up/lodging them in jail.
Under the new law there will be a provision for awarding punishment to the person incharge of a juvenile or child if he assaults, abandons such juvenile or child. Even Child Welfare Committees will be constituted for care and protection of children and children’s homes will be established for such children and for children who need urgent support drop-in-centres known as shelter homes will be established, the Minister said.
While introducing bill on employees provident fund, the Minister for Labour and Employment, Ajay Sadhotra said, “the J&K Employees Provident Funds (and Miscellaneous Provisions) Act, 1961 applies to every establishment in which 10 or more persons are employed at any time. While increasing the threshold limit of number of employees in an establishment for coverage under the EPF Scheme from 5 to 10, the employers’ and the employees’ contribution was also increased from 8.33% to 12% by virtue of Employees Provident Funds (Amendment) Act, 2012”.
“As a corollary to this change, the discretion of the employees to increase contribution by a maximum of 2% over and above the mandatory requirement of 12% also needs to be specifically provided by amending Sub-Section (1) of Section 7 of the Act so as to ensure that if any employee so desired and if the scheme makes provision he/she could increase contribution by a maximum of 2% so as not to exceed 14%”, the Minister said.
Minister for Finance, Abdul Rahim Rather, while introducing bill seeking amendment in the enhancement of time limit for the Empowered Committee constituted for regularization of contractual, adhoc and consolidated employees in the State, said, “under the J&K Civil Services (Special Provisions) Act, 2010, it becomes obligatory on the part of all the departments to refer all cases of contractual, adhoc and consolidated employees for regularization to the Empowered Committee within the specified time-limit”, adding “since several departments have not promptly acted and furnished the required information several genuine cases have been left out and cannot be totally ignored from the ambit of the Act”.
“It is just and necessary to amend Section 10 of the Act so that all the left over cases of adhoc, contractual and consolidated employees for regularization can be considered by the Empowered Committee”, he said.
While introducing bill envisaging relaxation in the provision to the women who intend to apply for recruitment after their marriage, Mr Rather, on behalf of Chief Minister, Omar Abdullah, said, “under the J&K Civil Services Decentralization and Recruitment Act, 2010 a candidate can apply only against the cadre posts of the domicile district or the division. Section 13 of the Act provides that a person shall be deemed to be the resident of a particular district or division if he/she has resided in such district or division for a period of not less than 15 years before the date of applying for a particular post and is actually residing in the area”.
“The Section 13 was challenged in the High Court in a PIL on the ground that minimum 15 year period is discriminatory so far it pertains to the married women and applies harshly in respect of female folk who marry outside their district/division”, the Minister said, adding “the Division Bench disposed of the petition with the directions to the State to treat the PIL as a representation for according consideration”.
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