Slew of administrative reforms announced
Excelsior Correspondent
JAMMU, Apr 24: State Cabinet, which met here today under the chairpersonship of Chief Minister Mehbooba Mufti, approved the Jammu and Kashmir Criminal Law (Amendment) Ordinance and Protection of Children from Sexual Violence Ordinance. Moreover, the Cabinet gave nod to the implementation of 7th Pay Commission recommendations for State Government employees and pensioners with effect from January 2016.
As per the Jammu and Kashmir Criminal Law (Amendment) Ordinance, committing rape on women under 16 years of age has been made punishable with rigorous imprisonment for 20 years and may extend to life sentence, which shall mean remainder of that person’s natural life while as committing rape on women under 12 years of age has been made punishable with death sentence.
Gang-rape of women under 16 years of age has been made punishable with imprisonment for life, which shall mean remainder of that person’s natural life while as gang-rape of women under 12 years of age has been made punishable with death sentence.
According to the Ordinance, investigation in such cases is to be completed within a period of two months whereas trial is to be completed within six months and reasons for any delay be communicated to the High Court.
Stringent provisions for bail have been incorporated in the Ordinance. It has been provided that no bail shall be granted without hearing Public Prosecutor.
The Jammu and Kashmir Protection of Children from Sexual Violence Ordinance will provide alternative punishment for an act or omission constituting an offence under the Ordinance and also under various provisions of the State Penal Code relating to sexual assault.
The offender found guilty of such offence shall be liable to punishment only under such law or the Ordinance as provides for punishment which is greater in degree.
The Ordinance provides provisions relating to child-friendly procedures and reporting, recording of evidence, investigation and trial of offences. The Ordinance also provides for provisions relating to establishment of special courts for speedy trial of such offences.
Moreover, the Ordinance makes it mandatory for the educational institutions to ensure safety and protection of children and not to expose them to any kind of sexual abuse.
“Both the Ordinances will prove useful and will act as a deterrent with regard to violence against women in general and sexual violence in particular in the State”, the Cabinet observed.
In yet another major decision, the Cabinet approved implementation of 7th Pay Commission recommendations for State Government employees and pensioners with effect from January 2016.
The decision would benefit around five lakh employees and pensioners in the State. The financial implications for the implementations of 7th Pay Commission recommendations would be Rs 4201 crore annually while financial implications on account of one-time arrears would be Rs 7477 crore. The State Government employees can now draw the salary for the month of April 2018 as per the revised scales.
According to the decision, for the purpose of implementation of 7th Pay Commission recommendations, basic pay as on 31.12.2015 of employees shall be multiplied by uniform factor of 2.57 and then adjusted in the matrix recommended by the Pay Committee.
The benefit of House Rent Allowance on revised pay shall be available from April 2018 and all allowances except Dearness Allowance (DA) shall continue as before while DA from January 2016 onwards shall be paid on revised pay on new rates to be notified by Finance Department.
The gratuity shall be enhanced from the existing ceiling of Rs 10.00 lakh to Rs 20.00 lakh with effect from 01.01.2016, with increase in the ceiling on gratuity by 25 percent whenever DA rises by 50 percent as recommended by 7th CPC/ as per Central Government pattern.
The pensioners shall be given option to choose revision of pension by any of the two formulations suggested by the Pay Committee. The arrears of pensioners shall be paid in cash in three six monthly installments while arrears of all employees shall be drawn and credited to their GP Fund accounts with moratorium of 3 years for withdrawal of same.
However, there will be no moratorium for withdrawal in case of employees retiring up to 31.03.2021.
The implementation of 7th Pay Commission recommendations for PSUs and autonomous organizations will depend on the availability of resources with the respective organizations.
Regarding pay anomalies, the Cabinet decided that the existing Pay Committee shall look into and address the issue of anomalies starting with the issue of anomalies of the Clerical Cadre.
The Cabinet also approved a slew of administrative reforms to streamline the functioning at various levels in the Government. These measures include increasing working days and working hours for Government business, putting in place system of automatic abolition of posts which are not filled for 3 years, establishment audit of all offices needs to be expedited to work out norms for optimal sanctioned strength of employees in all offices/departments across the State, making of illegal appointments of whatsoever nature (whether regular, adhoc or casual) by any officer be treated as major offence, Visitor Management System, particularly in Civil Secretariat to be streamlined, drawal of pay by Drawing and Disbursing Officers in all offices to be linked to Biometric Attendance and objective assessment of skills & competencies required to be made.
The Cabinet also approved the Jammu and Kashmir (Preventive Detention Laws) Ordinance, 2018.
According to the decision, the Ordinance would provide the Government a wider choice of retired eligible persons who could be considered for selection/ appointment as Chairmen and members of the Advisory Boards under the legislations.
Setting up of Jammu and Kashmir Renewable Energy Corporation also received the approval of the Cabinet. The Corporation will be a private limited company wholly owned by the State Government with the authorized share capital of Rs 1 crore fully paid up and subscribed by the State Government.
The Cabinet authorized the Administrative Secretary Science and Technology Department to take necessary steps for creation and setting up of the Renewable Energy Corporation.
Approval was also given to enhancement of duty allowance of volunteer home guards from Rs 90 to Rs 300 per day. The proposed enhancement will benefit 4300 Home Guards.
According to the decision, the volunteer home guards will be entitled to Rs 300 per day instead of Rs.90 which will cover both the training period of two months and three months call up duty in a year.
The enhancement in remuneration/honorarium will be borne by the State Government and above the Central Share.
The Cabinet also approved to make academic arrangement 2018-19 for 2154 posts of teachers referred to the Service Selection Board. As per the decision, pending selection against the referred posts, the School Education Department would make academic arrangement for the session 2018-19 in respect of all the vacancies for all districts except Jammu and Srinagar where there is saturation of staff.
The move is to address the deficiency of teachers in Zone-III far flung areas and the concerns raised by the Legislators during the Budget Session 2018 about the shortage of teachers in schools particularly in far flung areas.
The Cabinet observed that the School Education Department requires putting in place a fool proof mechanism in place to ensure that academic arrangement against these posts of teachers is made in a most transparent manner.
Similarly, Cabinet approved temporary engagement of 2200 Lecturers and 400 Teachers under up-gradation programme on academic arrangement basis for the academic Session 2018-19.
The arrangement will be made at an enhanced honorarium of Rs.14000 per month and at the rate of Rs.10500 for third/hard zone and plain areas in respect of Lecturers for ten months in Higher Secondary Schools and Rs 7500 per month and Rs 4500 per month for 3rd/ Hard Zone and Plain Areas respectively in respect of Teachers for 10 months in upgraded High Schools. The academic arrangement will subsist till regular selections are made.
Approval was also given to re-engagement of Constable (Operators) as Wireless Assistants who were disengaged earlier owing to wrong advertisement.
According to the decision, they will be called as ‘Wireless Assistants’ and entitled to honorarium of Rs 25000 per month and entitled to regularization against commensurate positions after completing 10 years of continuous working and will be called designated wireless operators.
The posts of constable operators will be utilized for their regularization and in the event of their non-availability these positions shall be deemed to have been created.
According to the decision, their past service in the Police Department will also be counted and will be allowed annual hike of 3% on higher consolidated remuneration, terminal benefits under NPS, leave and medical reimbursement. They will work under administrative control of PHQ and shall be considered a Belt Force and their service bio-data records will be maintained by PHQ as per the Police Rules.
In the matter of work, conduct, discipline and appeal, they will be governed by Jammu and Kashmir Civil Services (Employees) Conduct Rules, 1979 and CCA Rules, 1956 while their career progression will be worked out separately.
Establishment of State Knowledge Initiative Platform (SKIP) with an aim to implement the recommendations of the Knowledge Initiative Group as to serve as for generating knowledge-based policies and a clearing house for new ideas and to serve as permanent think tank on all matters leading to education, knowledge and skills, also received the Cabinet approval.
The SKIP shall comprise a Governing Council headed by Chief Minister as Patron, Advisor to Chief Minister as Chairman, Minister for Education as Co-Chairman and all other Members of the working group for operationalization of knowledge initiate. Administrative Secretary, Higher Education Department shall be the ex-officio Secretary General of the Council. The SKIP shall carry out its activities through its Secretariat which shall comprise suitable personnel, initially drawn on deputation from the State Government/autonomous bodies/Universities.
The role of SKIP will be to advise the Government on implementation of recommendations of the knowledge initiative group, implementation of the vision documents, preparation and implementation of policies, guidelines and schemes with multiple objectives etc, evolve schemes and mechanism for promotion and preservation of classical, heritage and folk music and provide a forum for interaction among academia industry and service sectors.
The other Cabinet decisions include enhancement of salaries and allowances of Chairman, Executive Councillors and Councillors of Ladakh Hill Development Council (LAHDC), transfer of 1310 kanals of land in 19 villages falling under the alignment of the Jammu-Akhnoor road and belonging to the Irrigation Department for widening/four lanning purpose, taking over of administration, management and governance of Abhinandan Home at Solina Rambagh in Srinagar and entrusting it to Director Social Welfare Kashmir, transfer of State land in Surankote and Mendhar to Higher Education Department for establishment of Surankote Campus of Jammu University, transfer of State land in Safapora area of Ganderbal district for establishment of Government College of Engineering and Technology, transfer of State land in Aloochi Bagh area of Srinagar for construction of residential flats for VVIPs, legislators and Government employees and transfer of land to Islamic University of Science and Technology Awantipora for establishment of bio-diverse botanical reserve, solar power plant.
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