Govt says 73rd amendment bill in current session, rejects similar legislation

Excelsior Correspondent
JAMMU, Mar 3: The Government today announced in the Legislative Assembly that it would introduce a bill to amend Panchayati Raj Act to incorporate provisions of 73rd amendment of the Constitution of India during current session of the Legislative Assembly.
The Government assurance came from Rural Development Minister Ali Mohammad Sagar while rejecting a  similar private member’s bill sought to be introduced in the Assembly by NPP member and former Minister Harshdev Singh.
“We are bringing the bill in current session of the Assembly,’’ Mr Sagar said while opposing the bill of Mr Singh.
Noting that amendments sought by Harshdev through the private member’s bill were almost similar to 73rd amendment, Sagar said the Government is coming up with the bill in the current session in which maximum provisions sought to be incorporated by Mr Singh have been covered.
While the Assembly session, as per the business calendar is scheduled to end tomorrow, the business released by the Assembly Secretariat late this evening for tomorrow  had no mention of introduction of the 73rd amendment  related bill, Mr Singh said tonight.
Mr Singh, while pressing for introduction of his bill in the Assembly, said the Government has admitted that his bill was similar to the one they were bringing on incorporation of the provisions of 73rd amendment in the Panchayati Raj Act and instead of waiting for its own bill, the Government should pass his bill.
The Government didn’t agree. Mr Singh pressed for introduction of the bill, which was rejected by the House.
Meanwhile, in a significant development, the Legislative Assembly today allowed introduction of a private member’s bill moved jointly by NC MLA Nasir Aslam Wani and PDP MLA and former Minister Abdul Rehman Veeri proposing increasing in pension and Medical Allowance of the former legislators despite opposition to the bill by Finance Minister Abdul Rahim Rather.
Mr Rather said the bill pertained to Law and Parliamentary Affairs Minister Saifullah Mir but since he was not present in the House, he was opposing its introduction in the House as asked by him.
As Mr Wani and Mr Veeri pressed the bill for introduction despite opposition by the Government, Speaker Mubarak Gul sought the vote of the House. There was only the voice of Yes during the vote and not a single member was heard saying No. The Speaker announced that the bill has been introduced.
Though the bill, Mr Wani and Mr Veeri has sought increase in monthly pension of former legislators from Rs 23,000 to Rs 28,000 and Medical Allowance from Rs 1000 per month to Rs 5000.
All three NPP MLAs , Harshdev Singh, Balwant Singh Mankotia and Yashpal Kundal staged a walk-out in the House after Mr Singh’s bill for setting up a Statutory Authority for historic holy shrines of Shri Pingla Devi Ji and Shri Chountra Mata Ji in Ramnagar town on the pattern of Mata Sukrala Devi Ji and Mata Bala Sundri Ji was rejected by the House.
Mr Singh had pressed for introduction of the bill, which was opposed by Rural Development Minister Ali Mohammad Sagar on the ground that the Statutory Authority would be premature at this stage since 64 kanals of Forest land at Pingla Devi ji shrine and 56 kanals Forest Land at Chountra Mata Ji shrine fall in the area. He said he was principally in favour of the bill and advised Mr Singh to withdraw it to keep the options open for fresh introduction.
Mr Singh, however, pressed the bill, which was rejected by the House. Mr Singh charged the Government with opposing the bill on “religious considerations’’ and staged a walk-out from the House along with two other NPP members.
Finance Minister Abdul Rahim Rather, however, allowed introduction of a bill moved by PDP MLA Abdul Haq Khan to prohibit manufacture, advertisement, sale, purchase, consumption and export of alcohol in Jammu and Kashmir i.e. imposition of total prohibition.
Mr Rather said earlier also he had stated in the Assembly that he was not opposed to prohibition in the State if the House agreed to it with consensus.
“I allow introduction of the bill,’’ Mr Rather said. Accordingly, the bill was introduced.
The Government, however, opposed the bill of PDP MLA Nizam-ud-Din Bhat that sought establishment of Autonomous Development Council in Kamraz region.
In support of the bill, Mr Bhat said, Bandipora, Gurez, Machhil, Kangan, Drass, Wullar areas in Kamraj were under developed and were not receiving funds either under Border Area Development Programme (BADP) or Tribal Sub Plan (TSP). Excepting Wullar and Kishenganga, there was no major project in the area, he regretted.
Hr said this region was worst in development from Ladakh and Kargil, which have been granted Councils.
“To take care of institutional and financial support in land locked area, there was a need for establishment of Autonomous Development Council in Kamraz region,’’ Mr Bhat said.
Finance Minister Abdul Rahim Rather for grant of Hill Development Council, the Government had to see accessibility, backwardness of the area and decentralization of powers.
“Now all the districts have District Development Boards while Block Development Councils and District Development and Planning Boards would also come up shortly, which would serve the purpose for demand of the Council,’’ Mr Rather said.
However, Mr Bhat pressed for introduction of the bill but the House rejected his demand.
Minister for Revenue Aijaz Ahmad Khan also allowed introduction of a private member’s bill brought by Independent MLA from Kathua Charanjit Singh seeking amendment in Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act.
Finance Minister Abdul Rahim Rather allowed introduction of another private member’s bill moved by PDP MLA Abdul Rehman Veeri seeking replacement of word ‘New Kashmir’ in the Constitution with ‘Naya Kashmir’.
Mr Veeri said: “Naya Kashmir was the outline of a plan to convert Jammu and Kashmir from an absolute monarchy to a constitutional democracy. However, the word ‘New Kashmir’ has been mentioned in the Constitution. The terminology should be changed back to ‘Naya Kashmir’’.
However, Mr Rather opposed another bill of Mr Veeri seeking social security to unemployed technocrats/professional degree holders of the State.
Mr Rather said there were 4558 degree holders registered in the State. He said the Government has already introduced a scheme of Voluntary Service Allowance for unemployed youths right from Matric to top. The Government has also released Rs 50 crores for the VSA, he added.
Mr Rather said the bill would by ultra-virus to the Constitution and the Court could strike it down as Article 14 and 16 of the Constitution calls for equality.
Mr Veeri stressed that the bill would provide social security to unemployed technocrats/professional degree holders and thus provide them an opportunity to contribute in the national building process with which their skill would be properly utilized and they would be saved from falling in the anti-national activities.
Mr Veeri pressed the bill for introduction but the House rejected it.
Minister for Revenue Aijaz Ahmad Khan opposed introduction of a bill of Prof Chaman Lal Gupta, MLA Jammu West seeking repeal of Jammu and Kashmir (Residential and Commercial) Tenancy Act. Prof Gupta withdrew the bill.
Prof Gupta said: “Jammu and Kashmir Houses and Shops Rent Control Act was enacted in the background of Indo-Pak war of 1965 and consequent influx of population from villages to towns. The law on the subject was on no use in the existing circumstances and in the recent past, the Jammu and Kashmir (Residential and Commercial) Tenancy Act was enacted in 2012 to ease the difficulties created by 1966 Act but the same is also proving counterproductive as bonafide owners of the property in Jammu and Kashmir are facing undue difficulties’’.
Aijaz Khan said a PIL was pending in the High Court challenging provisions of the law passed by the Government in 2012, which has not been implemented so far. Till outcome of the Court verdict, the new bill wouldn’t serve any purpose, he added.
Mr Khan didn’t oppose another private member’s bill of PDP MLA Peer Mansoor Hussain Shah seeking amendment in Jammu and Kashmir Transfer of Property Act but urged the member to withdraw it in view of sensitiveness of the bill.
Mansoor Shah withdrew the bill, through which he sought to make every transfer of immovable property invalid unless and until it was duly executed and registered so as to ensure that registration fee and stamp duty was not evaded under any circumstances.
Minister for Animal and Sheep Husbandry Nazir Gurezi, on behalf of the Home Minister, opposed Mansoor Shah’s bill seeking amendment in Jammu and Kashmir Public Safety Act.
Mr Shah said 99 per cent cases of the PSA have been revoked as they had been imposed by the Government on baseless charges and without any reasons. However, the PSA tag made it difficult for the youths to get jobs.
“In order to repose and strengthen the people’s faith on the fact that we are governed by rule of law, certain safeguards are required to be introduced in the Public Safety Act so that this law is not violated by the authorities licentiously and extravagantly,’’ Mr Shah said, adding his bill sought to amend Sections 10-A and 19 of the Act so as to ensure that innocent people are not detained on “vague, extraneous and non-existent grounds’’ and that the detained persons, whose detention is revoked or quashed are not again detained on the same grounds.
Mr Gurezi opposed the bill saying the Deputy Commissioner only was empowered to impose the PSA after the ground were mentioned by the SSP.
“If the PSA is imposed on insufficient grounds, the Board can quash it,’’ he said.
Mr Shah pressed the bill, which was rejected by the House.
The Speaker, meanwhile, skipped bill No. 11 of PDP MLA Basharat Ahmed Bukhari after bill No. 10 and took bill No. 15 pertaining to increase in pension and Medical Allowance of former legislators.
Mr Bukhari wanted to introduce a bill to repeal the Enemy Agents Ordinance. The bill had only yesterday generated a lot of heat in the legislative Council.
Mr Bukhari wanted his bill to be taken up. Mr Gul assured him that his bill would come up.
However, after the bill No. 15 was passed, the Speaker adjourned the House.