Another ordinance being re-promulgated?

Neeraj Rohmetra
Jammu, Dec 25: Days after issuance of an ordinance to facilitate land acquisition for laying the 750 Km  long gas pipeline, the State Government is likely to re-promulgate another ordinance to give a new lease of life to the State Paramedical Council, which has been constituted to regulate the functioning of para-medical institutes in the State.
Reliable sources told EXCELSIOR that the re-promulgation of the ordinance had become mandatory as the actual ordinance, which was issued by the Governor, N N Vohra in July this year had lapsed some time back. “With the results, the Paramedical Council which had started functioning since its inception in July had been rendered infructuous and no work was being done by the Council for the past some time because of absence of legal framework to support its existence”, sources pointed out.
As per the Article (91) of the State’s Constitution, an Ordinance, which has the same force and effect as an Act of the Legislature ceases to exist if the State Legislature doesn’t pass the Bill replacing it within six weeks’ time of the first meeting, since it was promulgated.
“The Ordinance regarding the constitution of Paramedical Council was promulgated on July 24, this year to regulate the functioning of para-medical institutes as there was no law in the State to regulate these institutes at that time. The first sitting of the last session of the State Legislature was held on September 30 in the summer capital and the Government failed to pass the Bill replacing the ordinance”, sources said adding, “the Ordinance automatically ceased to exist some time back rendering the Council infructuous”.
In a similar case, the Governor, N N Vohra had few days back re-promulgated the J&K Gas Pipeline Ordinance, which lapsed in second week of November, to facilitate land acquisition for laying the 750-km-long gas pipeline from Bathinda in Punjab to Srinagar. This fresh ordinance was also promulgated after the State Government failed to replace it with a Bill during the last session of the State Legislature.
Minister for Health and Medical Education, Taj Mohi-ud-Din, when contacted told EXCELSIOR, “the ordinance had lapsed as it couldn’t be replaced by Bill during the last concluded session of the Legislature. The State Government had to re-promulgate the ordinance to make the Paramedical Council fully functional”.
“After necessary groundwork at the level of Law and Health Department is done, the ordinance will seek the consent of the Cabinet for it re-promulgation within days”, he hastened to add.
“The need to re-promulgate yet another ordinance has raised many eyebrows and is a poor reflection of the functioning of Government. Both the Ordinance, before it got lapsed should have been replaced by a corresponding Bill in the Legislature as is the general convention”, sources asserted.
It is pertinent to mention that the State has 17 para-medical institutes in the Government sector and more than 70 in private sector. The Para Medical Council was constituted to regulate the functioning of theses institutes as there was no law in the State to monitor their functioning, leading to mushrooming growth of Pharma Institutes and Colleges in the State.
Before the promulgation of this ordinance, these institutes were functioning in the State without recognition from Pharma Council of India (PCI) due to absence of Paramedical Council in the State.