Targeting Govt, private property to invite imprisonment, fine

Excelsior Correspondent
JAMMU, Feb 5: With a view to tighten noose on separatists, their organizations and stone pelters for instigating violence that led to damage to private and public property, the Government today introduced a bill in the Legislative Assembly that would lead to imprisonment and fine equivalent to market value of the damaged property.
On behalf of Chief Minister Mehbooba Mufti, Incharge Home Department, Parliamentary Affairs Minister Abdul Rehman Veeri introduced the bill in the Assembly, which today gave nod to six legislations including Fiscal Responsibility and Budget Management Act, setting up of Higher Education Council and increasing sitting allowance of the legislators from Rs1000 to Rs 2000 and Medical of former legislators from Rs 5000 to Rs 10,000.
The Jammu and Kashmir Public Property Prevention of Damage (Amendment) Bill proposed that whosoever commits mischief in respect of any private and public property due to direct actions, whether declared or not, shall be punished with imprisonment, that shall not be less than two years but may extend up to five years with fine equivalent to the market value of damaged or destroyed property. The default in payment will lead to additional sentence of six months.
“Whosoever commits mischief by fire or explosive substance shall be punished with rigorous imprisonment for a term not less than two years but extendable by 10 years and fine equivalent to market value of the property damaged or destroyed,” the legislation proposed.
However, it said, the court may for special reasons, award a sentence for less than two years.
The bill proposed that whosoever calls for direct action, whether he participated in such action directly or indirectly, which results in damage to private or public property, shall be deemed to be guilty of offence under the Act.
“When the question is whether a person has caused damage to public or private property and has committed offence under the Act, the Court may presume having regard to all other circumstances of the case, that such offence has been committed or abetted,” the legislation said.
It also listed guidelines for the police officers or other law enforcing agencies, who will be authorized to videograph the evidence by availing services of videographers concentrating on the persons indulging in acts of violence or destruction and damage of public and private property.
It may be mentioned here that during strikes called by the separatists and on other occasions, the stone pelters indulged in violence. In 2016, number of schools and Government buildings were burnt.
Meanwhile, both Houses of the Legislature today passed a Bill to amend the Jammu and Kashmir State Fiscal Responsibility and Budget Management Act-2006.
The bill was earlier moved by the Minister for Finance Dr Haseeb A Drabu in both the Houses and was passed by voice vote.
The Amendment Bill envisaged use of capital receipts for creation and maintenance of productive assets and the borrowing over and above existing fiscal deficit limit for the purpose of clearing past liabilities or creating of fresh assets with a bearing on Consolidated Fund of the State.
The Bill also envisaged maintaining the fiscal deficit to an annual limit of 3 percent of GSDP for 2015-16 to 2019-20 with a flexibility of 0.25 percent over and above the limit for the same period.
Pertinent to mention here that the FRBM Act 2006 provides responsibility to the Government to ensure prudence in fiscal management and fiscal stability by adopting progressive financial management practices consistent with fiscal sustainability, greater transparency in fiscal operation of the Government and conduct of fiscal policy in a medium term framework and for matters connected therewith or incidental thereto.
Dr Haseeb Drabu, while following the Budget Cabinet decision, had made an announcement in the Budget Speech 2015-16 and proposed a change in FRBM Act 2006 from year 2015-16 to ensure that over the next three years, it is mandated that borrowings are used only to finance the creation of capital assets.
Keeping in view the Budget announcement, Section 7, sub-section (2) for clause (ii) of the FRBM Act 2006, which provides for the use of capital receipts, including borrowings for generating productive assets, is being substituted by the words “the use of capital receipts for creation and/or maintenance of productive assets and the borrowings over and above the existing fiscal deficit limit for the purpose of clearing past liabilities and/or creating fresh assets.”
Further, the proposed Bill envisaged amendment of Section 9, sub-section (2) for clauses (a) and (c), which shall be substituted namely; “ensure that the revenue surplus of the State is maintained throughout   the award period of the 14 Finance Commission” and “maintain fiscal deficit to an annual limit of 3 percent of GSDP during the award period for the 14th Finance Commission (2015-2019).
Besides, the Amendment Bill also envisaged addition of three clauses after clause (e) in the Section 9. These additions include provide for flexible limit of 0.25 percent over and above  the 3 percent of GSDP for any given fiscal year to which its fiscal deficit is to be fixed if its debt-GSDP ratio is  less than or equal to 25 percent of the preceding year,
It also provided for additional 0.25 percent of GSDP in a given year for which the borrowing limits will be fixed if the interest payments are less than  or equal to 10 percent of the revenue receipts in the preceding year and maintain a ceiling on the sanction of new capital works three times of the annual budget provision.
The Assembly today passed a bill, moved by Education Minister Altaf Bukhari, which proposed to establish and constitute State Higher Education Council for enforcing, planning, monitoring, evaluation and quality assurance in Universities and other Higher Educational institutions of the State.
Some of the Opposition MLAs demanded that the bill should be sent to the Select Committee. However, the bill was later passed by the voice vote.
The Assembly also gave nod to a bill, which proposed to increase sitting allowance of the legislators from Rs 1000 to Rs 2000 per sitting. The bill was passed with verbal amendment proposed by some MLAs and endorsed by Deputy Speaker Nazir Gurezi that Medical Allowance of former legislators should also be increased from Rs 5000 to Rs 10,000.
The Lower House also approved a Bill for protection, conservation and development of Fisheries in the State, moved by Animal, Sheep Husbandry and Fisheries Minister Abdul Gani Kohli.
Another bill to amend Jammu and Kashmir Land Revenue Act, moved by Revenue Minister Abdul Rehman Veeri was passed by the voice vote.
A bill to amend Jammu and Kashmir Ayurvedic and Unani Practitioners Act, moved by Health and Medical Education Minister Bali Bhagat also got the Assembly nod.

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