Nishikant Khajuria
JAMMU, Feb 12: On last day of the Budget Session, the Legislature today gave its nod for almost three times hike to the salaries of Chief Justice and Judges of the J&K High Court as both the Houses passed six different Government Bills even as another Bill for amending the Jammu and Kashmir Shri Mata Sukrala Devi Ji Shrine (SMSDJS) and Shri Mata Bala Sundari Shrine (SMBSS) Act 2013, was referred to the Select Committee on demand of the Opposition Members in Legislative Assembly.
The other Government Bills, which were passed today by Lower House as well as the Upper House with a voice vote, included; Bill for establishment of J&K’s first National Law University, Bill for Protection of interests of depositors in J&K, Bill to bring ATF, Natural Gas under J&K Motor Spirit & Diesel Oil Act and Bill to transfer Passenger Tax administration to MVD while the Bill to facilitate setting up J&K State Power Trading Company was passed along with amendments suggested by Devender Rana of National Conference.
The Legislature passed 37th Constitutional Amendment Bill 2018 to enhance salary of the Chief Justice and Judges of the J&K High Court from Rs 90,000 to Rs 2.50 lakh and from Rs 80,000 to Rs 2.25 lakh, respectively.
Explaining the statement of objects and reasons of the Bill, the Minister for Rural Development, Panchayati Raj, Law and Justice, Abdul Haq Khan, who moved it in the Lower House, said that the hike was necessitated as Parliament has amended High Court and Supreme Court Judges (Salaries and Conditions of Service) Act 1954 thereby revising the salary and pension and family pension in respect of Judges of High Court with effect from 01-01-2016.
The Minister said by enacting High Court and Supreme Court Judges (Salaries and Condition of Service) Amendment Act, 2018, the Salary of the Chief Justice of the High Court has been enhanced from Rs 90000 per mensem to Rs 2.50 lakh per mensem and salary of Judges of the High Court has been enhanced from Rs 80000 per mensem to Rs 2.25 lakh per mensem with effect from 1 January, 2016.
In response to MLA Pahalgam, Altaf Ahmad Kallo’s dissent to such a massive hike, the Minister explained that the Bill seeks to enhance the salary of Chief Justice and Judges of High Court to bring them at par with their counterparts in other States. He said the State Constitution is proposed to be amended accordingly.
In response to Ali Mohammad Sagar’s query, the Minister clarified that it were salaries of the Judges and Chief Justice and other Allowances were not included in the mentioned amount.
After the Legislative Assembly, the Bill was also passed in the Upper House,
However, another significant Government Bill for amending the Jammu and Kashmir Shri Mata Sukrala Devi Ji Shrine (SMSDJS) and Shri Mata Bala Sundari Shrine (SMBSS) Act 2013, was referred to the House Select Committee on demand of the Opposition Members, who alleged politicization of the Shrine Board by according special invitee status to the local MLA.
NC MLA Devender Rana stressed that like Mata Vaishno Devi Shrine Board and Shri Amarnath Shrine Board, politicians should be kept out of this Shrine Board also. The political compulsions of MLA will politicize the Shrine Board,” he said and apprehended that it would lead to wrong precedence.
Seeking further clarification with regard to the definition of eminent persons, to be appointed as private Members of the Board, Mr Rana strongly proposed that the Bill should be referred to the Select Committee.
Nawang Rigzin Jora of Congress and Independent MLA Pawan Gupta also alleged that the proposed Bill was designed to sneak politics in the Shrine Board and hence it should be referred to the Select Committee while BJP MLA Sat Sharma suggested an amendment in Para 4 of the Bill to ensure that only a Hindu can be Member of the Board.
Agreeing to the suggestions of the MLAs, Minister for Tourism, Tassaduq Mufti, who had earlier introduced the Bill, said that keeping in view the suggestions of the Members, the Bill could be referred to Select Committee for further discussions on the same. He said the suggestions put forth by the Members be incorporated in the amendment Bill.
Pertinent to mention that the said Shrine Bill envisaged that the Member of the Legislative Assembly, representing the area, if he be a Hindu, shall be special invitee at the meetings of the Board with right to vote.
Despite stiff resistance by the Opposition Members in the Assembly, another Bill for establishment of J&K’s first National Law University, was passed by both the Houses with a voice vote.
Opposing the Bill, which was introduced in the Lower House by the Minister for Rural Development, Panchayati Raj, Law and Justice, Abdul Haq Khan, NC MLA Devender Rana suggested that the Bill should be sent to the Select Committee. He opined that instead of opening more universities, the Government should focus on improving the quality in already existing institutions. ” We have opened so many universities in J&K, but failed to provide an excellent infrastructure and faculty,” he said and added that instead of opening a new National Law University, the Government should make Law Departments of Jammu University and Kashmir University as National Law Schools.
Ali Mohd Sagar also favoured that the existing institutions should be strengthened while Mian Altaf suggested that the money for National Law University should be utilized to generate more employment in J&K. Pawan Gupta also expressed his reservation over the Bill and stressed that no person other than the State Governor should be Chancellor of the proposed National Law University. Aijaz Khan also stressed that the Bill should be sent to Selection Committee for wider discussion.
However, BJP MLA R S Pathania and PDP MLA Shah Mohammad Tantray supported the Bill.
Explaining the statement of objects and reasons of the Bill, the Minister said that the proposed University once established will give a boost to the quality legal education in the State and the students will be benefited a lot. He explained that it has been resolved in All India Law Ministers Conference of National Law School University at Bangalore for improving quality of professional legal education. He said various States have already enacted the law for establishment of National Law University.
After its passage in the Lower House, the Bill was later passed in Upper House also.
The Legislature also passed a Bill to amend the Jammu and Kashmir Electricity Act-2010 to pave the way for setting up of J&K State Power Trading Company Ltd.
The Bill was moved in the Lower House by the Deputy Chief Minister Dr Nirmal Singh and after thorough discussion, the House passed the same along with amendments through voice vote.
Even as Nawang Rigzin Jora supported the Bill by describing the Government move as part of power reforms at national level to make this sector profit centric, Mubarak Gul and Devender Singh Rana of National Conference sought assurance from the Government that only State owned companies remain sole trading licensee.
Expressing his dissent on very concept of the Bill, Mohammad Yousuf Tarigami alleged that only motive of the proposed Bill was to privatize Power Sector.
After Dr Nirmal Singh sought to allay apprehensions of the Opposition Members, Finance Minister Haseeb Drabu also stressed that reform was need of the hour following which the Bill was passed along with amendments suggested by the Members.
Later, this Bill was also passed in the Upper House with a voice vote.
The Legislature also passed a Bill regarding J&K Protection of Interests of Depositors (in Financial Establishments) Act 2018. The Bill is aimed at protecting the interests of the depositors in the financial establishments of the State.
The Bill intends to amend and update the laws on the subject, with better and stringent provisions, for protecting the interests of depositors in the Financial Establishments in the State.
Mubarak Gul, G M Saroori, Devender Singh Rana, Mian Altaf Ahmad, Altaf Ahmad Wani, Ali Mohammad Sagar and Nawang Rigzin Jora took part in the discussion and supported the Bill in Legislative Assembly. After thorough discussions, the Bill was passed through voice vote.
The Bill was later passed by the Upper House also.
Both the Houses also passed a Bill to amend the Jammu and Kashmir Motor Spirit and Diesel Oil (Taxation of Sales Act, Svt.2005 (1948 AD). The amendment Bill was moved in the Lower House by the Minister for Finance, Dr Haseeb Drabu.
The Bill envisages bringing Air Turbine Fuel (ATF) and Natural Gas, presently out of the purview of SGST Act-2017, under the ambit of Jammu and Kashmir Motor Spirit and Diesel Oil (Taxation of Sales Act, Svt.2005 (1948 AD).
Explaining the statement of objects and reasons, the Finance Minister, said the move would ease out the business compliance as also reduce the cost of collection of these taxes and would also ensure that all petroleum products will fall under the single legislation. Legislators, Devender Singh Rana and Nawang Rigzin Jora participated in the discussion. After thorough discussions, the Bill was passed through voice vote.
The Bill was later passed by the Upper House also where it was moved by Minister for Rural Development, Panchayati Raj, Law and Justice, Abdul Haq Khan.
The Legislature also passed a Bill to amend the Jammu and Kashmir Passengers Taxation Act-1963. The Bill paves the way for transfer of Passenger Tax administration from the Commercial Taxes Department to the Motor Vehicles Department.
The Bill was moved in the Assembly by the Minister for Finance, Dr Haseeb Drabu.
Explaining the statement of objects and reasons of the Bill, the Minister said that in 2011 a Committee was constituted to make recommendation on the modalities for transferring of administration of Passenger Tax from the Commercial Taxes Department to the Motor Vehicles Department. Aas per the recommendations of the Committee one Accounts Officer, 12 each of Motor Vehicle Inspector & Accounts Assistant and 9 Motor Vehicle Traffic Assistant were proposed for creation in the J&K Motor Vehicle Department.
There will be reduction of 9 posts of Guards and 12 Inspectors in the Commercial Taxes Department.
After it was passed in Assembly through voice vote, the Bill was also got passed by the Upper House.
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