Govt fails to act seriously on key provisions since Dec last
Exercise yet to begin for framing much-needed Rules
Mohinder Verma
JAMMU, May 16: Governor’s administration has failed to put in place a mechanism to enforce law prohibiting Benami property transactions in Jammu and Kashmir even over five months after the enactment of new legislation in this regard. Due to this, there are apprehensions in the official circles about this Act meeting the fate of the repealed law of 2010.
A legislation to prohibit Benami property transactions was actually enacted in the year 2010 but the same could not be implemented because of absolute non-serious approach of the successive State Governments.
Last year, the Governor’s administration decided to frame a stringent law to keep check on Benami property transactions and accordingly a Bill was prepared and placed before the State Administrative Council (SAC) on December 12, 2018. The SAC cleared the Bill on the ground that it provides for creation of requisite administrative structure for enforcement of the law and empowers the designated authorities to attach and confiscate any property which is held to be Benami.
In exercise of the powers vested under Proclamation No.P-1/18 dated June 20, 2018, Governor Satya Pal Malik enacted the Jammu and Kashmir Prohibition of Benami Property Transactions Act, 2018 on December 13, 2018 and accordingly it was published in the Government Gazette. By way of this law, the legislation of 2010 was also repealed by the Governor.
However, despite lapse of over five months no mechanism has been put in place to enforce Jammu and Kashmir Prohibition of Benami Property Transactions Act, 2018 although it became applicable from the date of its publication in the Government gazette, official sources told EXCELSIOR while holding absolute non-seriousness of all the concerned authorities responsible for the delay.
What was the objective of enactment of new and stringent law when follow-up action was not to be conducted by the concerned authorities? sources asked while disclosing that even a formal discussion on ensuring compliance of the provisions of the Act has not been initiated at any level in the administration.
Section 7 and Section 8 of the J&K Prohibition of Benami Property Transactions Act, 2018 states: “The Government shall, by notification, appoint one or more Adjudicating Authorities to exercise jurisdiction, powers and authority conferred by or under the Act. An Adjudicating Authority shall consist of a Chairperson and at least two other Members”.
However, no Adjudicating Authority has so far been appointed by the administration although as per the qualification criteria Chairperson and Members can easily be appointed, sources said while disclosing that a member of the All India Service or in Jammu and Kashmir Administrative Service and has held the post of Secretary to Government or equivalent to these services or has been a member of the Jammu and Kashmir Legal (Gazetted) Service and has held the post of Secretary to Government in that service is eligible for the post of Chairperson and Members of the Adjudicating Authority.
As per the Act, the Chairperson and Members of the Adjudicating Authority shall be appointed by the Government on the recommendations of a Search-cum-Selection Committee consisting of Chief Secretary (Chairman) and Administrative Secretaries of Home, General Administration and Law Departments (Members).
Stating that Adjudicating Authorities are vital for the implementation of the Act, sources said that Adjudicating Authorities will have the same powers as are vested in a civil court under the Code of Criminal Procedure.
Moreover, Section 30 of the Act states: “The Government shall, by notification, establish an Appellate Tribunal to hear appeals against the orders of the Adjudicating Authority. The Appellate Tribunal shall consist of a Chairperson and at least two Members of which one shall be a Judicial Member and other shall be an Administrative Member”.
Even Appellate Tribunal has not been established by the Government till date, sources said, adding a Search-cum-Selection Committee consisting of Chief Secretary and Administrative Secretaries of Home, General Administra-tion and Law Departments is required to make recommendation to the Government for appointment of Chairperson and Members of the Appellate Tribunal.
The Appellate Tribunal, as per the Act, shall have the same powers as are vested in a civil court under the Code of Civil Procedure. Moreover, all proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the State Ranbir Penal Code.
Moreover, no exercise has so far been set into motion for framing of Rules, which otherwise are imperative for carrying out the provisions of the Act.
“If the Government doesn’t want this stringent law to meet the fate of the Act of 2010 (presently stands repealed) then it should immediately initiate steps to put in place a mechanism for enforcement of the latest legislation”, sources stressed.
Follow our WhatsApp channel
