Sanjeev Pargal
JAMMU, Feb 25: The Legislative Assembly today approved six laws including the much-hyped and controversial bill, which would freeze sealing of unauthorisedly constructed buildings in Katra, Jammu and Srinagar till March 31, 2015 and another Act that would make anti-graft laws in the State more stringent.
Another legislation that proposed to set up Ombudsman for Panchayats also got the nod from the Lower House while a bill aimed at electoral reforms in the State including imposition of ban on exit polls till last day of polling was passed with an amendment, which was supported by the members of all political parties including the Alliance partners of National Conference and Congress after it was taken up by NPP MLA Harshdev Singh.
However, one of the legislation that sought to amend Kashmir and Jammu Universities Act was deferred by Speaker Mubarak Gul in the absence of Higher Education Minister Mohammad Akbar Lone. Though Law and Parliamentary Affairs Minister Saifullah Mir said he was ready to reply on the bill, Mr Gul said Mr Lone has given him in writing that he would himself speak on the bill and it should be listed for another day.
Moving the bill for introduction and passing for freezing sealing of unauthorized constructions at Katra, Srinagar and Jammu in the Legislative Assembly, Urban Development Minister Nawang Rigzin Jora dispelled the impression that the legislation was meant to “protect the influential persons’’ and was “pro-rich’’.
A strong defence of the legislation came from NC and BJP members while PDP and NPP members disagreed with the Government move.
“The law is applicable to all. Some persons have raised very small shops. They too would be benefited. The notion that it would benefit rich persons only is wrong. Moreover, the law is an interim measure till March 31, 2015 till the Master Plan is finalised taking in view the requirements of the areas and ground realities in holistic manner,’’ Mr Jora said.
He assured the House that the people who have committed blatant violations of the law won’t go scot free as a High Powered Committee would be set up under the Act to define penal action. Further, he said, the Building Operations Control Act (BOCA) and other laws would continue to be invoked on unauthorized constructions.
Mr Jora said the urban population has grown in Jammu and Kashmir by 98 per cent as against national average of 64 per cent. In Srinagar, he said, only Lal Chowk is commercial area. “In residential areas also, there was need of the shops and it would be our effort to take requirements of the area into consideration while drafting the Master Plan,’’ he added.
NPP member and former Minister Harshdev Singh wanted to know why the Government has brought the bill to freeze sealing only for three places at Katra, Srinagar and Jammu and not for rest of the State. “Are these three places above the law’’? he asked.
“The rehriwallahs are punished. Even small shopkeepers, who raise sheds ahead of their shops had to face action. On the other, the Government is putting blanket ban on sealing for those constructions, which have come up in complete violation of the laws,’’ Mr Singh said and asked: “how can the Government justify this’’? He called upon the Government to take action against the officers, who allowed the construction to come up in complete violation of laws.
BJP MLA from Reasi Baldev Sharma, however, strongly supported the legislation describing it as “right step taken at the right time’’ and said the poor persons, who were earning their livelihoods from two room rest houses and small shops would benefit out of it. He demanded that Shri Mata Vaishno Devi Shrine Board buildings should be exempted from imposition of any penal action.
Strongly opposing the legislation, PDP MLA Zulfikar Choudhary said the bill has raised the very question mark on credibility of the Government.
“There was a judgment from the High Court to demolish illegal construction, which was upheld by the Supreme Court. While the Government was worried about implementation of Supreme Court guidelines on red-lights for Ministers and bureaucrats, it was not concerned about the apex court and High Court directions to demolish unauthorized constructions,’’ he regretted and said the bill was aimed at benefiting influential persons including hoteliers, businessmen, political class etc.
“This Government has one parameter for the poor people and another for the rich. The minor violations of poor people are demolished by the authorities while the Government has come up with a legislation to give cover to the large scale unauthorized constructions of influential persons,’’ Zulfikar said opposing the bill and calling upon the House to defeat it.
NC MLA and former Minister Nasir Aslam Wani supported the bill and said it would benefit many people including the poor sections of society, who were running a small shop. He, however, called upon the Government to prepare the Master Plan at the earliest and identify residential and commercial areas.
BJP Legislature Party leader Ashok Khajuria also supported the bill saying it would benefit the people, who had raised constructions several years back when there was no Master Plan. He pleaded that constructions raised other than Katra town should also be included in it.
NC MLA Shamima Firdous also supported the bill saying many people would have been rendered unemployed if the constructions were demolished.
The bill on sealing said: “there are large number of buildings which have been constructed during the last 10/15 years in violation of Master Plans and their number is over 3000”, adding “this problem cannot be solved by sealing, demolition and forcible action alone as the number of families, who will be affected by this drive would be very large”.
As per the legislation, the Government will constitute a high power committee of experts including eminent bureaucrats, planners and citizens to go into the depth of the reasons for the unauthorized constructions suggesting remedial measures including devising mechanisms for the regulation of building activity in these cities. The committee will also suggest the fundamental principles for regularization or otherwise of the unauthorized constructions and the penal action for the regularization besides the institutional structure for the process of regularization. The bill, however, said that Act will not apply to buildings or structures which had not been completed on the date of commencement of this Act or which are currently under construction and buildings or structures constructed on public land, road or any other public utility. “The buildings or structures not complying with the directions with respect to safety, if any issued by the Government, would not come under the provisions of the Act”, it added. The Assembly also passed a bill to amend the Prevention of Corruption Act and make the anti-graft law more stringent.
The bill was moved for introduction and passing by Law and Parliamentary Affairs Minister Saifullah Mir on behalf of Chief Minister Omar Abdullah.
The bill was passed after PDP MLAs Nizam-ud-Din Bhat and Choudhary Zulfikar and NPP MLA Harshdev Singh withdrew their amendments.
Saifullah said the Act would bring suppliers, exploiters, contractors and those using influence under the law. “Not only those who take the corruption but even those who pay it or use their influence, directly or indirectly, would be covered in the law that provides punishment for such offences ranging from 1 year to 5 years. Zulfikar, however, wanted the punishment to be raised from two years to seven years apart from fine of Rs 50,000.
Saifullah said the amount of fine should be left to the jurisdiction of the Court.
The bill was passed with a voice vote.
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.
The already existing punishment of various offences under the Act has been enhanced.
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.
The Assembly also gave its nod to another significant bill on electoral reforms by amending Jammu and Kashmir Representation of People Act and State Ranbir Penal Code after carrying out an oral amendment moved by NPP Legislature Party leader Harshdev Singh and supported by several MLAs cutting across their political affiliations including those belonging to NPP and Congress.
Harshdev Singh pointed out that the legislation gave sweeping powers to the Election Observer to stop counting of votes if he found bogus voting or any other irregularities.
“There is a difference of over a month or even more from the day of polling and voting. If any irregularity is done a month back, it should be checked then and there but you are giving unlimited powers to the Election Observer to stop counting of votes on the day of counting and stall the election process. This way, the Observer can abuse or misuse his powers,’’ Mr Singh said drawing instant support from the MLAs of NC, Congress, PDP, BJP and JSM.
NC MLA and former Minister Nasir Aslam Wani said the Election Observer can take wrong decision and stop counting. “This amounts to giving unlimited powers to the Observers,’’ he said and urged the Law Minister to re-consider the decision.
Deputy CLP leader Mohammad Sharief Niaz said the rigging report should be checked the same day. “Why the counting should be stopped a month later. Which mechanism the Election Observer would have to check rigging and stop counting. You are keeping everything at the discretion of the Election Observer,’’ he said.
Mr Niaz said the Government should accept the good suggestion given even by the Opposition member.
PDP Deputy Legislature Party leader Abdul Rehman Veeri pointed out that how the Election Observer would come to the conclusion of bogus voting to stop counting.
Asserting that it was a question of “survival of democracy’’, Harshdev Singh said the matter can be referred even to a Committee.
Initially, Saifullah Mir insisted that the Opposition has not moved any amendment to this effect but after several NC MLAs including Peer Afaq, Shamima Firdous, Congress MLAs including Mr Niaz, Ghulam Mohammad Saroori and Ashok Kumar apart from PDP, BJP, NPP and JSM MLAs were on their feet seeking deletion of the provision giving unbridled powers to the Election Commission, Mr Mir agreed to admit the oral amendment.
The bill was passed with amendment.
Saifullah said under the amendment, the people of State living abroad can cast ballot by post, the ballot papers would carry names of the candidates recognized and registered party wise and not alphabetically, equitable time would be given to candidates on cable network, expenditure by a leader wouldn’t be included in the account of candidate canvassing for him, a candidate would be eligible for contesting the election not more than two segments, exit poll by the television channels will be banned till last day of polling, electoral rolls would be supplied to all recognized parties, there would be complete ban on carrying liquor and arms around the polling stations etc.
However, Saifullah Mir didn’t agree to the amendment of PDP MLA Zulfikar Choudhary for videography of electoral process in all polling stations saying it wouldn’t be possible to hold videography in remote and far-flung polling stations.
The Assembly also approved a bill moved by Minister for Revenue Aijaz Khan in the Assembly 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.
Harshdev Singh said the Government would use the land of the people for laying gas pipeline by Gujarat Petronet and put restrictions on the resident of construction and plantation in the area without paying any compensation to him for acquiring the land.
Mr Khan, however, clarified that the Government would only take the right of land to use and not acquire and pay 50 per cent compensation to the inhabitant.
The bill was passed after the amendments to it were withdrawn.
The House also passed another bill to establish Ombudsman for Panchayats for the purpose of investigating charges of corruption or maladministration in Panchayati Raj institutions in the State with a voice vote.
Earlier, Choudhary Zulfikar of PDP drew attention of Government to three points and sought an amendment in the bill. He demanded that instead of retired Commissioner Secretary and retired High Court Judge as Ombudsman only retired High Court Judge should be appointed for the post as after working with politicians for a long time the bureaucrats often get influenced by them.
“Moreover, there will be no fun of appointing the Leader of Opposition from Assembly as a member to the Committee for selection of ombudsman as his decision will not matter before the Government decision which is in majority,’’ he said and demanded that the Leader of Opposition from Upper House be also named as member for the Committee.
Zulfikar also said that the Ombudsman can’t be affective till it was given an independent investigating agency. He said the term of Ombudsman should be five years instead of three as the term of Panchayats is also for five years.
However, Saifullah Mir, in his reply, said that under the 73rd amendment of Parliament, it has become mandatory to appoint the Ombudsman for Panchayats. He said the provision has been kept for appointment of retired HC Judges as Ombudsman and where the Judge will not be available the retired Commissioner Secretary can be considered.
Saifullah said that the appointment of Ombudsman is being made on experimental basis and if need arises the Government can bring amendment for Constitution of independent agency.
The House also passed the bill to amend the Jammu and Kashmir Wildlife (Protection) Act with a voice vote.
The bill relates to protection of specified plants in Jammu and Kashmir Wildlife Protection Act. The bill was passed without any debate or amendment.
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