LA Panel’s recommendations on strengthening Backward Classes Commission gathering dust

*Enacted 20 years back, Legislation awaits proper Rules
Mohinder Verma
JAMMU, Dec 29: Making mockery of the assurances extended to the Committee on Subordinate Legislation of Legislative Assembly and announcements made on the floor of the Legislature, the Government has failed to infuse new lease of life in the J&K State Backward Classes Commission, which is lying defunct during the past many years. Moreover, the Social Welfare Department has failed to frame the Rules of the Act under which this vital organ was created nearly 20 years back.
The Committee on Subordinate Legislation for the year 2013-14 in its report presented to the Legislative Assembly on February 25, 2014, the copy of which is available with EXCELSIOR, had observed that large number of areas which qualify for declaring as backward were ignored and on the contrary the areas which with the passage of time have fully developed were still continuing to be in the list of backward areas.
This concern of the Committee was genuine as there is hardly any session of State Legislature wherein such issues are not raised by the elected representatives of the people. Even during the last Budget Session held at Srinagar this year these issues were raised by the Legislators vociferously.
As declaring any area backward is within the competence of the Government and the State Backward Classes Commission has only the recommendatory role after taking into account the indicators-education, socio-economic and civic conditions of the area, the Committee on Subordinate Legislation had recommended that the Social Welfare Department should initiate steps in a time-bound manner to carry out some amendments in the J&K State Commission for Backward Classes Act, 1997.
The Committee had specifically asked for amendment to Sub-Section 2 of Section 11 of the Act so that Commission is given more powers rather than simple consultation while undertaking any revision referred to in Sub-Section 1. Moreover, the House Panel had recommended immediate exclusion of the fully developed areas from the lists after re-visiting the same in consultation with the Deputy Commissioner concerned.
“However, what to talk of strengthening the Backward Classes Commission by giving it more teeth or powers, the Government has even failed to make it functional during the past more than three years”, sources told EXCELSIOR, adding “during the past more than three years this Commission neither have Chairperson nor any member to ensure implementation of J&K State Commission for Backward Classes Act, 1997”.
They disclosed that even a process has not been initiated by the Social Welfare Department till date for appointment of new Chairperson and members of this Commission. This is notwithstanding the fact that Minister for Social Welfare, Sajjad Gani Lone in reply to a question of BJP MLA from Ramban Neelam Kumar Langeh and others had assured the Legislative Assembly on June 16 this year that State Commission for Backward Classes will get Chairperson very shortly to sort out the issues pertaining to backward areas.
When contacted, Secretary, Social Welfare Department, Sajad Ahmad Khan said, “we are seized of the issue and hopefully the Commission would get Chairperson as well as members”. He, however, expressed inability to specify the time-frame for completion of this exercise.
It is pertinent to mention here that as per the provisions of J&K State Commission for Backward Classes Act, 1997, Chairperson shall be a person who is or has been a Judge of the Supreme Court or High Court and members shall be an eminent educationist; a person who has for at least two years held the post of a Secretary to Government and two persons preferably belonging to Backward Classes who have special knowledge in matters relating to Backward Classes.
The Committee on Subordinate Legislation had also recommended that the Social Welfare Department shall immediately initiate steps for preparation of Rules of the Act for which the powers have been conferred on the Government under Section 17. However, this recommendation has also fallen on deaf ears of the concerned authorities and even process of formulation of Rules has not been set into motion till date, sources regretted.
“It seems that the bureaucrats and the Ministers believe in misleading the House Committees and the Legislature”, they remarked.

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