*Govt drops ‘controversial’ PRC bill
Sanjeev Pargal
JAMMU, June 27: While the PDP-BJP coalition Government has decided to drop “controversial” law, which was aimed at carrying out an amendment in Grant of Permanent Residents Certificate (PRC) Act following strong opposition by the BJP, which was of the view that raking up “controversial issues” was not part of the Agenda of Alliance reached between the two coalition partners before forming the Government, another bill that was aimed at banning sale of land to non-permanent residents through attorney, agreement to sell etc in Jammu division has generated controversy not only within the BJP but also among the people, who feared that the bill was aimed at “killing the industry” in Jammu region.
Highly placed sources told the Excelsior that while the BJP succeeded in getting the PRC Amendment bill dropped, the PDP had the final say, so far, in getting introduced a bill in the Legislative Assembly after the Cabinet nod, which adds Jammu division in the Transfer of Property Act, through an amendment, under which the sale of land to non-state subjects through power of attorney, agreement to sell etc will be prohibited.
According to sources, the issue of controversial bill of ‘Transfer of Property Act’ has also been brought to the notice of the BJP high command in New Delhi, which has taken exception to the bill and immediately rushed BJP general secretary (organizations) Ashok Koul to Srinagar, where the Legislature is in session, to immediately take up the matter with the party Ministers to get the bill withdrawn.
BJP MLA from Kathua, Rajiv Jasrotia, as per the Assembly records, today moved an amendment to the bill seeking its withdrawal.
Sources said the BJP Ministers have approached their coalition partner, the PDP, for withdrawal of the bill, which was introduced in the Legislative Assembly on Saturday by Revenue Minister Basharat Bukhari. The bill will be taken up for passing on June 29 or 30. They added that the party Ministers would take up the matter for withdrawal of the bill with Chief Minister Mehbooba Mufti tomorrow or a day after.
Ashok Koul is reported to have conveyed the party high command’s message to the Ministers to ensure withdrawal of the bill.
As per the bill, the restriction created under Sub-Section (3) of Section 138 of Transfer of Property Act regarding taking possession and transfer of immovable property for commencing any construction activity is limited to Kashmir province only.
However, no such restriction has been imposed in the Act in respect of Jammu division, with the result the land is being transferred to the non-permanent residents of the State through unrecognized modes like power of attorney, agreement to sell etc, the bill said, adding the situation in Jammu division had reached an alarming level, which warrants rectification of the aberration of the principal legislation i.e. sub section (3) of Section 138 of the Transfer of Property Act.
“Similarly, in Section 2 of Alienation of Land Act and Section 5 of Transfer of Property Act, the words lease, sale, gift, bequests are not properly defined with the result the said modes are not considered as permanent/temporary alienation of immovable property. This has resulted in making varying interpretations of the Courts facilitating unlawful transfer of immovable property. It is, therefore, expedient to remove the ambiguity, so as the safeguard the interests of permanent residents of the State, so far as alienation of immovable property in the State is concerned,” the bill proposed.
Meanwhile, sources said, in view of opposition by the BJP, which described the amendment in the Permanent Residents Certificate (PRC) Act as “controversial” and “against the Agenda of Alliance”, the Government has agreed to drop it.
All the BJP Ministers including Deputy Chief Minister Dr Nirmal Singh and Health and Medical Education Minister Bali Bhagat made their opposition known to the PRC Act bill to the Chief Minister after discussing the bill between them and the senior party leaders.
“The BJP decision to oppose the bill was unanimous. It was taken after the party Ministers, BJP leaders and legal experts associated with the party studied the bill when it was circulated. Finally, they decided that they would oppose the bill and won’t allow its introduction in the Legislature,” sources said, adding the party Ministers made their opposition known to the Government including the Chief Minister and the concerned Ministers and a decision was accordingly taken to drop the bill.
“It (the bill) now will not be introduced in the Legislature,” sources confirmed.
According to sources, the BJP was of the view that the bill would have send a message that the Government was further strengthening the state subject law, a message which the BJP wants to avoid at all costs.
“Though the BJP is not against the state subject law, at the same time, it doesn’t want to send a message to the people that it was further strengthening the state subject law while being in coalition Government with the PDP,” sources said, adding, further, the party also cited the Agenda of Alliance, which stated that the two sides wouldn’t take up controversial issues except for those agreed upon in the Agenda, which was signed by the two parties before forming the first PDP-BJP coalition Government in Jammu and Kashmir.
The BJP was of the view that imprisonment of five years to the `Issuing Authority’ (for fake state subject), was too harsh to be accepted as it was right from Patwari to the `Issuing Authority’, who were associated with the state subject law. Sources pointed out that though the Government later came down to reduce the punishment clause to six months, the BJP was not ready to accept it saying the ‘Issuing Authority’ would stop issuing the state subjects for the fear of being imprisoned.
The BJP wanted that the state subject `Issuing Authority’ shouldn’t be announced by name but by the designation as people had to suffer after transfer of the Revenue officers as it takes lot of time to the authorities to designate new `issuing Authority’. It was of the view that such type of mistakes should be rectified by the Government by amending the law instead of increasing punishment etc, which would give impression that the Government was further strengthening the state subject law.
Pointing out that the issue has been set at rest after the Government agreed to drop the PRC (amendment) law, sources said the coalition would run strictly on the basis of ‘Agenda of Alliance by respecting the sentiments of each other.
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