MHA repeals Vigilance Commission Act, 2011
*J&K comes at par with other UTs of country
Mohinder Verma
JAMMU, Apr 3: Anti-Corruption Bureau of Jammu and Kashmir will now function as per the guidelines of the Central Vigilance Commission—an apex Government of India body created to address the menace of corruption, as the Ministry of Home Affairs has finally repealed the Jammu and Kashmir State Vigilance Commission Act, 2011.
With this development, Jammu and Kashmir has come at par with the other Union Territories of the country where guidelines of the Central Vigilance Commission are already applicable to fight the menace of corruption.
Union Ministry of Home Affairs vide Jammu and Kashmir Reorganization (Adaptation of State Laws) Order, 2020 dated March 31, 2020 has repealed as a whole the Jammu and Kashmir State Vigilance Commission Act, 2011.
This has been done while exercising powers conferred under Section 96 of the J&K Reorganization Act, 2019, which deals with the powers to adapt laws.
“For the purpose of facilitating the application in relation to the successor Union Territories, of any law made before the appointed day, as detailed in Fifth Schedule, the Central Government may, before the expiration of one year from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority”, read Section 96.
Prior to this, the Department of Jammu, Kashmir and Ladakh Affairs in the Union Ministry of Home Affairs vide Gazette Notification issued on March 19, 2020 had ordered adaptation of 37 Central laws in the Concurrent List for the Union Territory of Jammu and Kashmir. Among these laws were Prevention of Corruption Act, the Indian Penal Code and Representation of People’s Act.
“This Gazette Notification has made amply clear that Jammu and Kashmir Anti-Corruption Bureau is deemed to have been constituted under the provisions of Central Prevention of Corruption Act”, an officer of the Department of Law, Justice and Parliamentary Affairs said when contacted.
He further said, “by virtue of these two developments, the Jammu and Kashmir Anti-Corruption Bureau will function as per the guidelines of the Central Vigilance Commission on the line of other Union Territories in the country, where anti-corruption mechanism is guided by the apex Government of India body created to address the menace of corruption”.
“The CVC will exercise superintendence over the functioning of the Anti-Corruption Bureau in so far as it relates to the investigation of offences alleged to have been committed under the Central Prevention of Corruption Act”, he said, adding “CVC can give directions to ACB for the purpose of discharging the responsibility entrusted to it under the Prevention of Corruption Act”.
Moreover, the Central Vigilance Commission can tender advice to the Government of Union Territory of Jammu and Kashmir in its fight under the menace of corruption. However, the Anti-Corruption Bureau will continue to be under the administrative control of the General Administration Department of the J&K UT.
It is pertinent to mention here that in the Jammu and Kashmir Reorganization Act, 2019, which had received the assent of the President of India on August 9, 2019 and whereby erstwhile State was bifurcated into two Union Territories, the Government of India had mentioned that Jammu and Kashmir State Vigilance Commission Act, 2011 along with 166 other State Acts including Governor’s Acts will remain in force in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
Though in the month of October last year the Government of Jammu and Kashmir ordered winding up of several Commissions in the light of provisions of J&K Reorganization Act and made it clear that Chairpersons and Members of all the Statutory Bodies will cease to hold office with effect from October 31, 2019 yet there was an impression in the administration that Vigilance Commission will be reconstituted in the light of the laws retained under J&K Reorganization Act.
With the repealing of J&K State Vigilance Commission Act, 2011, this confusion is over once and for all.
Follow our WhatsApp channel
