Excelsior Correspondent
JAMMU, Feb 22: Two years after the elections to Panchayats, the State Government has woken up to the necessity of enforcing transparency and accountability in the Panchayati Raj System especially in the functioning of the elected representatives of these grass root democratic institutions.
In order to achieve this objective albeit with much delay, Minister for Rural Development and Panchayati Raj, Ali Mohd Sagar today introduced J&K Ombudsman for Panchayats Bill in the Legislative Assembly.
“The State Government has devolved powers of 14 departments to the Panchayats as such there is a need for having an institutional mechanism to investigate into all the allegations of mal-administration and corruption in Panchayats to ensure a fair, just and corruption free PRIs in the State”, the Minister said, adding “there is also a need to bring in the elected representatives of the Panchayats as well as the Government officials working under Panchayats within the ambit of such an institution so as to regulate their functioning in accordance with law, justice and fair play in the discharge of their duties”.
“The primary objective for creating the institution of Ombudsman is to have a mechanism of addressing the complaints which may arise during the discharge of function by the PRIs and to look into the instances of favouratism, nepotism, lack of integrity, excessive action, inaction or abuse of position on the part of officials and elected representatives of the Panchayats’, the Minister further said, adding Ombudsman for Panchayats Bill has been drafted on the pattern of the model legislation recommended by the 13th Finance Commission.
A person who has been a Judge of the High Court or eligible to be appointed as Judge of the High Court or officer retired from the rank of Commissioner/Secretary to the Government would be eligible for the post of Ombudsman, the Minister said, adding before tendering advice to the Governor in this regard the Chief Minister will consult the Chairman of the Legislative Council, the Speaker of the Legislative Assembly, the Leader of the Opposition in the Legislative Assembly and the Minister Incharge Panchayati Raj Department.
The Ombudsman will hold office for a term of three years from the date on which he enters upon his office and will not hold office after he attains the age of 70 years. The Ombudsman will be entitled to pay and allowances as admissible to a Judge of the State High Court.
About the functions of the Ombudsman, the Minister said that Ombudsman will investigate into any allegation contained in a complaint or on a reference from the Government; enquire into any complaint in which corruption or maladministration of a public servant or a Panchayat is alleged. In case where the irregularity involves a criminal offence committed by a public servant the Ombudsman will refer the matter to the appropriate authority for investigation; where the irregularity causes loss or inconvenience to a citizen, Ombudsman will direct the Panchayat to give him compensation and reimburse the loss from the person responsible for the irregularity.
The Ombudsman will have the powers as vested in a Civil Court for the purpose of any investigation or enquiry, the Minister said, adding the Government may, at the request of the Ombudsman, make available the services of officers and employees of the Government including police personnel to assist the Ombudsman in the conduct of investigation and inquiry.
Meanwhile, Minister for Cooperatives, Dr Manohar Lal introduced a bill to amend J&K Wildlife (Protection) Act, 1978 in order to allow the extraction and trade of the medicinal plants by incorporating amendments in Schedule-VI of the Act.
“Under the existing provisions of the J&K Wildlife (Protection) Act, removal of the specified plants as mentioned in the Schedule VI of the Act (116 species) from the forest land and removal of wildlife or forest produce from wildlife sanctuaries, national parks and conservation reserves respectively is prohibited”, the Minister said, adding “with the issuance of State Forest Policy, it was visualized that allowing the extraction and trade of the medicinal plants will be a win-win situation for all the stakeholders that include the local people, collector of these plants, contractors, traders and conservationists”.
“To bring a balance between protection of the medicinal plants, their conservation and livelihood requirement of the forest dependent communities, there is a dire need to revisit the legal provisions of complete ban on the trade of large number of medicinal plants”, the Minister said, adding “keeping in view the broader objective of maintaining a balance between forest conservation and social commitment, the Forest Department intends to allow the extraction and trade of the medicinal plants”.
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