Bureaucratic slackness becomes hurdle in achieving intent
Several amended Acts too fail to receive due attention
JAMMU, July 18: Incredible it may sound but it is a fact that Rules have not been framed by the concerned Government departments for the implementation of over 15 fresh laws enacted during the Governor’s Rule and by adopting non-serious approach towards this vital exercise, the bureaucrats are creating hurdles in achieving the intent behind the legislations.
As per the relevant data available with EXCELSIOR, a total of 16 fresh Acts have been enacted by the Governor in exercise of the powers vested under Proclamation dated June 20, 2018. By way of this Proclamation issued in exercise of powers conferred by Section 92 of the Jammu and Kashmir Constitution, the Governor assumed the powers of the Legislature to make laws under or by virtue of this Proclamation.
Even necessary amendments have been carried out in several Acts which were existing before imposition of Governor’s Rule on June 20, 2018 in order to widen their ambit keeping in view the changing scenario. The Rules of majority of such amended Acts have also not been prepared till date.
“There is a provision in all the 16 fresh Acts, which confers sufficient powers on the Government to frame Rules for carrying out the purposes of the legislations but it is shocking that departments which have to ensure implementation of the Acts in letter and spirit have not come up with the Draft Rules despite lapse of considerable period of time”, official sources said.
Only Jammu and Kashmir High Court has prepared the Rules of the Jammu and Kashmir Family Courts Act, 2018 and got the same notified in consultation with the Department of Law, Justice and Parliamentary Affairs, they further said while disclosing that none of the concerned departments has so far forwarded Draft Rules to the Law Department for vetting, which otherwise is a mandatory exercise.
“If the concerned departments were facing difficulties in framing of the Draft Rules they should have sought the assistance of the Department of Law, Justice and Parliamentary Affairs but by sleeping over this important exercise they are creating hurdles in achieving the intent behind the enactment of legislations by the Governor”, sources said.
They further said, “the dilly-dallying approach in framing Rules of at least those Acts which have been enacted by the Governor is notwithstanding the fact that Rules help govern a law and they are made to make the parent Act work properly. Moreover, Rules provide for the details that are not provided for in the Act”.
Stating that Rules are imperative for effective implementation of the laws, a senior officer of the Department of Law, Justice and Parliamentary Affairs, on the condition of anonymity, said, “the procedure to give practical shape to any legislation is only defined in the Rules as such their importance cannot be undermined. Had there been no need of framing Rules the provision in this regard would not have been kept in the parent Acts”.
The officer further said, “in certain Acts it is mentioned that Rules are to be placed before the Legislature but at present the same are required to be submitted to the Governor since he assumes all the powers of the Legislature under Proclamation No.1/18 dated June 20, 2018”.
The laws whose Rules have not been framed by the concerned Government departments include Jammu and Kashmir Drugs and Magic Remedies (Objectionable Advertisements) Act, 2018 assented to by the Governor on August 10, 2018; Jammu and Kashmir Single Window (Industrial Investments and Business Facilitation) Act, 2018 assented to by the Governor on September 24, 2018; Jammu and Kashmir State Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 2018 assented to by the Governor on August 8, 2018.
Jammu and Kashmir Protection of Children from Sexual Violence Act, 2018 assented to by the Governor on December 7, 2018; J&K Rights of Persons with Disabilities Act, 2018 assented to by the Governor on December 4, 2018; Jammu and Kashmir Prohibition of Benami Property Transaction Act; Jammu and Kashmir State Commission for Protection of Women and Child Rights Act; Jammu and Kashmir Metropolitan Region Development Authority Act and Jammu; Jammu and Kashmir Real Estate (Regulation and Development) Act, 2018 and J&K Bovine Breeding (Regulation of Production, Sale of Bovine Semen and Artificial Insemination Service) Act, 2018 are the other laws whose Rules have yet not been framed.