Thursday, April 28, 2011

Amendments in State Vigilance

State Government, which meets under the chairmanship of Prime Minister tomorrow morning Omar Abdullah, is likely to give its approval to the proposed changes in Jammu and Kashmir State Vigilance Commission Act came into force on February 15, 2011 . 

Changes intended to broader legislation and harmonize its provisions with the Law of Central Vigilance Commission, 2003, pertain to the classification, conditions of appointment and removal of Chief Vigilance Commissioner and Vigilance Commissioners. 

Authoritative sources said that when the government has begun the process of appointing the Chief Surveillance Commissioner and two oversight committees, several nongovernmental organizations (NGOs) and other shades of opinion expressed reservations about some provisions of existing legislation. 

Taking the suggestions of cross-sectional view of the large firms is based qualification, the terms of appointment and dismissal of the Chief Surveillance Commissioner and the Surveillance Commissioners, the prime minister, Omar Abdullah discussed the various aspects of law and other issues meeting on April 7, 2011. 

Consequently, it was decided that the provisions relating to qualification, the terms of appointment and dismissal of Chief Vigilance Commissioner and Vigilance Commissioners shall be amended through an ordinance to make the most comprehensive and harmonized legislation with the provisions of the Commission Central Oversight Act, 2003. 

In the context of this decision, the Law, Justice and Parliamentary Affairs Department prepared draft amendments to the principal Act, and it will be discussed by ministers tomorrow at 9 am, the sources said, adding that "it is quite possible that the Government give its approval to the amendments, since it aims to harmonize its provisions with the main event. " 

According to the proposed amendments, the State Government has redefined the classification of persons to be appointed as Chief Vigilance Commissioner and two Commissioners. Amendments to be moved into sub-sections 3 and 4 of Section 3 of the Act, sections 4, 5 and 6, the sources said. 

In the principal Act, sub-sections 3 and 4 of Chapter 3 of the Head of State Vigilance Commissioner shall be appointed from among persons who hold or have held a place in Indian Administrative Service or a place in either the Civil Service "Union or the State is not below the rank of First Secretary and Supervisory Board of Commissioners not less than the rank of Commissioner and Secretary. 

In the amendments, the rank of First Secretary to the Chief Surveillance Commissioner and the Secretary Commissioner for the curators of the surveillance is aimed to remove with the push of people who have expertise in monitoring, law, finance, policy and the 'administration including police administration. 

Under the proposed amendment to paragraph 1 of Article 4, the Chief Vigilance Commissioner and Vigilance Commissioners shall be appointed by the Governor by order under his hand and seal. In the principal Act, the powers of appointment are vested with the government. 

The sub-section 2 of the Act, which stipulates that the selection committee will recommend a panel of three people per seat in the Council of Ministers for the appointment was canceled, the sources said, adding that the sub-section 2 of chapter 5 of the Principal Act provides that each control commissioner shall be elected for a term of four years from the date it takes office or until he retires at the age of pension funds, whichever occurs first. "Now the government wants to change with respect to each control commissioner shall be elected for a term of four years or until he attains the age of 65 years," informed sources. 

According to the proposed amendments in paragraphs 3 and 4 of Section 5, the Chief Surveillance Commissioner or a Vigilance Commissioner shall, before entering his office, take and subscribe before the Prime Minister of the Interior, as indicated in the principal Act, an oath or affirmation. Similarly, the Chief Surveillance Commissioner or a Vigilance Commissioner may, by writing under this hand is not addressed to the Governor the Chief Minister to resign from office. 

The proposed amendments in paragraphs 1, 2 and 3 of Article 6 of the principal Act is designed to give the powers of removal and suspension of the Chief Surveillance Commissioner or a Vigilance Commissioner to the Governor rather than the government, sources said. 

As for the routine agenda is concerned, the sources said the government may grant approval to the settlement of Integrated Rural Electrification Program (PRSP) and the subsequent creation of JKEDA within the Department of Science and Technology, said sources, adding that the Council of Ministers also approved the agreement for the transfer of 91 kanals and 2 Marlas of land to Sunjwan State Department of the Interior for the construction of the seventh battalion of the headquarters of the IRP. 

The creation of Irrigation and Flood Control Division of Kupwara and regularization of daily wage workers Forestry Department (Planning) will be discussed by the Council of Ministers, officials said.

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