Excelsior Correspondent
JAMMU, Feb 17: The Government today introduced three legislations in the Assembly including one significant bill pertaining to amendments in the Prevention of Corruption Act making offences under the Act cognizable and non-bailable apart from enhancement of punishment provided already under the Act.
Finance Minister Abdul Rahim Rather introduced the bill in the Assembly on behalf of Chief Minister Omar Abdullah.
In his statement to the bill, Omar said a need was felt by the Government to make Prevention of Corruption Act, 2006, which provides for prevention of corruption and bribery in the State, more stringent and to bring within its ambit some more offences, which were not being covered by the existing law.
“The Government’’, he said, “had constituted a Committee for suggesting amendments in the existing law. The Committee in its report had recommended certain amendments in the Act’’.
Omar said the Government after considering the suggestions decided to amend the Prevention of Corruption Act, 2006 to meet its commitment to tackle corruption in the State with a firm hand.
“The amendment bill is aimed at making the offences under the Act cognizable and non-bailable, insertion of new provisions to prevent exercise of personal influence with public servants to show favour or disfavour to any person, or to influence the decision making by such public servant for authorizing payment in respect of contract, execution of a work or supply of goods when the work done or goods supplies is not in accordance with the contract,’’ Omar said.
The already existing punishment of various offences under the Act has been enhanced, he added.
The bill was aimed at coming down heavily on corruption by the Government servants heavily by bringing various offences under the clause of cognizable and non-bailable by providing punishment and increasing the term of already existing punishment.
Various provisions, which would invite punishment of not less than one year but extending to five years and also liable for fine under the amendment in the Act, included public servant taking gratification other than legal remuneration in respect of an official act, taking gratification, in order, by corrupt or illegal means to influence public servant, taking gratification for exercise of personal influence with public servant, public servants obtaining valuable thing without consideration from person concerned in proceeding or business transacted by such public servant and public servant knowingly authorizing payment in respect of contracts for execution of a work or supply of goods when the work done or goods supplied is not in accordance with the contract.
Minister for Higher Education Mohammad Akbar Lone introduced another legislation in the Assembly seeking to amend Kashmir and Jammu Universities Act, 1969, which didn’t contain any provision of Autonomous Colleges.
“In the absence of any provision for Autonomous Colleges, an affiliated college as defined under Kashmir and Jammu Universities Act can’t be conferred with the autonomous status. It has therefore become imperative to incorporate a provision to this effect in the Act,’’ Mr Lone said in his statement to the bill.
Apart from this, Mr Lone said, the Administrative Secretary to Government, Planning and Development, who is being invited as a ‘special invitee’ in the meetings of the University Council is desired to be inducted as a permanent member of the University Council. For this purpose also, an amendment is required in the Act, he added.
Minister for Revenue Aijaz Khan introduced third bill in the Assembly today, for which Governor NN Vohra has already promulgated an Ordinance named Jammu and Kashmir Underground Public Utilities (Acquisition of Rights of User in Land).
“When a pipeline is built, the construction project not only covers the civil work to lay the pipeline and build the pump/compressor stations, it also has to cover all the work related to installation of field devices that will support remote operation.
“Therefore, with a view to regulating the acquisition of the right of user in land for laying gas pipeline in the State, there is requirement for enactment of legislation for carrying out uninterrupted activities connected with the work,’’ Mr Khan said.
The bill would provide the right of use to Gujarat Petronet for land which has been acquired for the laying of gas pipelines and other underground public utilities in the State.
As per the financial memorandum of the Bill, for the purpose of laying of gas pipelines and the right of the user for land in the State is to be acquired and transferred in favour of Gujarat State Petronet Ltd (GSPL).
Besides, right of user for any land is to be acquired and transferred in favour of any Corporation upon passing of resolutions by both Houses of the State Legislature to the effect that such authorisation was necessary in the public interest.
Accordingly, there is a likelihood of incurring the expenditure out of the consolidated fund of the State. However, at this stage, it is difficult to indicate the precise financial commitments from the State in the absence of the details of the tracks involved, the bill said.
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