Panel of officers assigned task of making recommendations
Main focus on laws governing Municipal Corpns, other ULBs
Mohinder Verma
JAMMU, Mar 9: In a people friendly initiative, the Housing and Urban Development Department (H&UDD) has set into motion an exercise to remove provisions from the Acts and Rules which prescribe imprisonment of the citizens for minor violations and main focus will be on the laws governing the functioning of the Municipal Corporations, Councils and Committees across the Union Territory of Jammu and Kashmir.
Official sources told EXCELSIOR that Housing and Urban Development Department has noticed that there are several provisions in the different Acts and Rules particularly Jammu and Kashmir Municipal Corporation Act and Municipal Act, 2000 which prescribe imprisonment to the citizens for minor violations of these laws.
“The department, as a people friendly initiative, has made up its mind to replace these provisions and make changes prescribing only imposition of fine for such violations”, sources said, adding “in order to have a detailed report in this regard the department has constituted a committee of officers with the direction to submit recommendations within the shortest possible time-frame”.
The committee headed by Anil Kaul, Secretary in the Housing and Urban Development Department, has been asked to review the Acts/Rules pertaining to the department and identify provisions that are to be removed/retained or decriminalized so as to eliminate the risk of imprisonment of citizens for minor violations.
The other members of the committee are Pardeep Singh Thakur, Senior Law Officer and Kashif Altaf Bhat, Under Secretary to the Government, Housing and Urban Development Department.
On the receipt of the recommendations from the committee the Housing and Urban Development Department will hold consultations with the Department of Law, Justice and Parliamentary Affairs and thereafter the matter will be placed before the Administrative Council headed by Lieutenant Governor Manoj Sinha for approval and issuance of notifications regarding amendments.
“The main focus will be on Jammu and Kashmir Municipal Corporation Act and Jammu and Kashmir Municipal Act, 2000 which governs the functioning of all the Municipal Corporations, Municipal Councils and Municipal Committees”, sources said, adding “mainly the provisions prescribing imprisonment for minor violations exist only in these two laws”.
Pointing towards several sections of both these Acts, sources said, “it has been mentioned that any person who contravenes the provisions of the Act shall be punishable with imprisonment for a term which may extend to three months/six months or with fine or with both”, adding “the Housing and Urban Development Department feels that imposition of fine, which may be hefty, will also have deterrent impact as far as minor violations are concerned”.
However, for the major violations there will not be any amendment in the Acts/Rules as replacement of the same will erode the objective of the laws enacted by the Assembly of the erstwhile State of Jammu and Kashmir. Under both these Acts, the Government enjoys the powers to make necessary changes as and when required as such amendments in the provisions vis-à-vis imprisonment for minor violations will be carried out in exercise of the same.
When contacted, a member of the committee of the officers said, “we are going to start the process of identifying provisions prescribing imprisonment of citizens for minor violations within next few days and hopefully detailed recommendations will be made to the Housing and Urban Development Department shortly”.
These Acts govern the routine functioning of the Urban Local Bodies across the Union Territory of Jammu and Kashmir and confer powers for regulating the developmental and other activities in their respective jurisdictions. Even duties, powers and responsibilities of the elected representatives of the Municipal Corporations, Councils and Committees have been clearly defined so that while achieving the broader objectives of these laws they act within the assigned powers.
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