Excelsior Correspondent
JAMMU, May 8: The State Government has formally enhanced Constituency Development Fund (CDF) of the legislators including MLAs and MLCs from Rs 1 crore to Rs 1.5 crore per year from the current financial year of 2012-13. The increase has, however, been effected with some riders that the legislators would have to spend a particular amount under Power and Health sectors.
Significantly, the legislators, for the first time, have also been empowered to release amount not exceeding to Rs 8 lakh for helping poor patients purchase medicines or undergo diagnosis but only on the prescription of registered Physicians.
Official sources told the Excelsior that the General Administration Department (GAD) headed by Chief Minister Omar Abdullah has issued orders for enhancement of CDF of the legislators from Rs 1 crore to Rs 1.5 crore from the current financial year that began on April 1, 2012.
They said Legislative Council Chairman, Amrit Malhotra, Assembly Speaker Mohammad Akbar Lone, Deputy Chairman MY Taing and Deputy Speaker Sartaj Madni, all Ministers and legislators have been issued a detailed circular on increase of CDF to Rs 1.5 crore, which contained some conditions on its expenditure by the MLAs and MLCs.
Deputy Commissioners-cum-District Development Commissioners would continue to act as Nodal Officers for expenditure of the CDF of the legislators.
Sources said out of a total of Rs 1.5 crore CDF, an expenditure of Rs 25 lakh on power sector has been made mandatory for the legislators.
“This had been done to ensure improvement in electricity supply especially in the rural areas’’, sources said, adding the MLAs/MLCs would identify the works to be executed under power supply scheme, which would be executed by the Power Development Department (PDD) after release of funds by the Deputy Commissioner. Installation of new transformers, change of transformer or laying electricity lines would also be covered under the power sector.
Expenditure of Rs 25 lakh on power sector from their Rs 1.5 crore CDF would be mandatory for the legislators. “If the MLAs/MLCs didn’t recommend Rs 25 lakh for power sector, this particular amount would lapse’’, sources said.
They added that the legislators have also been empowered to incur an amount up to Rs 10 lakh for development of sport activities in their respective segments.
However, most significantly, the MLAs/MLCs, for the first time, have been authorized to release up to Rs 8 lakh for purchase of medicines or undergoing tests duly prescribed by the registered/authorized Physicians for the poor patients, who were unable to afford their treatment.
In these case also, the payment would be released by the concerned Deputy Commissioners on the authorization of the legislators along with duly attested certificates of the doctors.
“There had been a long pending demand from the legislators that they should be allowed to help the ailing community by extending them monetary benefits through their CDF. The Government has conceded the demand and allowed the legislators to incur up to Rs 8 lakh for the welfare of ailing community’’, sources said.
The MLAs/MLCs had been getting Rs 50 lakh worth CDF till last year. However, it was in the last financial year (2011-12) that their CDF was doubled from Rs 50 lakh to Rs 1 crore with the assurance that it would be further enhanced to Rs 1.5 crore in the current financial year of 2012-13.
“The Government has honoured its commitment and issued orders for enhancing CDF of the legislators from the current financial year of 2012-13’’, sources said.
They pointed out that increase in CDF of the legislators would help not only in carrying out power reforms and development of sport activities besides helping the ailing community but also facilitate MLAs/MLCs to carry out development works of their areas.

Neeraj Rohmetra
Jammu, May 8: Though the security situation in the border State has been stable for the past some time, the nexus between the Pakistani elements, terrorists and the separatists continued with their attempts to foment trouble.
These serious apprehensions have been expressed by the Ministry of Defence in its latest annual report. “There has been overall reduction in the level of violence during the past one year, but elements who formed part of this nexus continued with their sustained efforts to disturb peace in the State”, the report said, adding, “their basic aim is to internationalise the Kashmir issue and they would adopt all possible means required to achieve this purpose”.
The report stated that the Pakistan’s support to the ongoing proxy war continued unabated and the terrorist infrastructure, both in Pakistan and Pak Occupied Kashmir (PoK) also remained intact. Infiltration attempts into Jammu and Kashmir by terrorists from across the border are continuing, although the Security forces are effectively tackling such attempts. Also, the activities of certain militant groups, who continued to be engaged in building up capabilities are being closely monitored.
“India has maintained that a strong and prosperous neighbour is in its best interest and has supported dialogue and engagement with Pakistan. However, security concerns vis-à-vis Pakistan continued to be a cause of concern due to the undiminished activities of terrorist organizations functioning on its territory. The existence of terrorist camps across the India-Pak border and continued infiltration across the Line of Control (LoC) continued to post a threat”.
The report stated that Army and other Security Forces have been acting as major contributors in improving the overall security environment in the State through persistent proactive and surgical Counter Terrorist operations. The surges in domestic and foreign tourism are all indicative of the achievements of the Armed Forces in providing conductive and secure environment. Through the situation has improved, there is need to consolidate the gains.”
While commenting on the situation along the borders, the Report stated that the ceasefire on the borders is holding out with a few aberrations. There have been 56 cases of ceasefire violations along the borders during the current year, as compared to 57 in 2010. The incidents of ceasefire violations are being taken up through the established mechanism of DGMOs talks, local level flag meetings and hotlines.
Strict vigil is being maintained along the borders and Counter Infiltration measures being adopted by the Army have been strengthened further. “Infiltration attempts, however continued to take place with help from across the border”.
Incidents of terrorist related violence remained low due to the operational ascendancy achieved by the Army. The terrorist leadership has successfully been targeted and many terrorist leaders have been neutralized. Security Forces are committed to the defence of the country from external and internal threats across the entire spectrum of warfare and the Army operations have significantly reduced the terrorist related incidents.
While commenting on the developments along the Line of Actual Control (LAC), the report commented that the Army is fully seized of the security need of the country as well as the requirement of development of infrastructure and force structuring to secure the desired national objectives along the Northern borders. A holistic review of the infrastructural development and military mordernisation programme has been undertaken in consonance with the overall Border Areas Development Programme. Strategically important infrastructure requirements along the Line of Actual Control (LAC) have been identified and are being developed in a phased manner.
While policy of positive engagement and maintaining peace and tranquility along the LAC is being followed, concurrently necessary development of infrastructure and military preparedness to include force mordernisation continue to meet the present and future security challenge, the report added.

Regulations of Heritage conservation Authority too laid down
Mohinder Verma
JAMMU, May 8: Though rules are imperative for better implementation of any legislation yet in the monuments rich Jammu and Kashmir the same for a vital piece of legislation— Ancient Monuments Preservation Act remained out of focus of the successive Governments during the last 92 years. But, the same have now been prepared and are being submitted to the Law Department for vetting and notification in the Government Gazette.
The Ancient Monuments Preservation Act was enacted in this erstwhile princely State during the tenure of Maharaja Hari Singh in 1920 AD and thereafter this vital piece of legislation failed to receive any attention of the successive Governments despite the fact that there is a provision for the framing of rules under Section 20-B and 23 of the Act.
“In the absence of proper rules, several vital points vis-à-vis preservation of monuments of the State remained amorphous and monuments were being declared State protected only by way of issuance of notification. Even it was not clearly defined as to how much old a monument should be for declaration as State protected one”, official sources told EXCELSIOR.
It was only in the year 2010 that this Act received the attention of Chief Minister, Omar Abdullah, and Culture Minister, Nawang Rigjin Jora, who got the legislation updated by getting it amended in the State Legislature.
Since rules function as beacon light for proper implementation of any piece of legislation, the Government also felt it imperative to get the rules of Ancient Monuments Preservation Act, 1920 framed. Accordingly, Commissioner Secretary, Tourism and Culture, Atal Duloo assigned this task to some officers headed by former Director General of the Department of Archives, Archaeology and Museums and presently Consultant in the Culture Ministry, Khursheed Ahmed Qadiri.
The exercise of framing rules came to an end in the recent past following which the Department of Archives, Archeology and Museums put the rules in public domain for inviting objections or suggestions, sources informed, adding now this exercise has also come to an end and very shortly the rules are being submitted to the Law Department for vetting and then issuance of SRO and publication of the same in the Government Gazette.
When contacted, Khursheed Ahmed Qadiri, Consultant in the Ministry of Culture confirmed that rules of J&K Ancient Monuments Preservation Act have been framed and are being forwarded to Law Department shortly.
“In the rules, we have clearly defined the procedure required to be adopted for declaration of any monument as State protected”, he said, adding “there was not much clarity on several points but now the rules will properly guide the Department of Archives, Archaeology and Museums for proper implementation of the Act in the monuments rich State”.
As per the rules, the Department of Archives, Archaeology and Museums can impose certain prohibitions in order to protect the monuments in better way. It can also impose fee for visit to the monuments. Under the rules, permission would have to be obtained before any sort of excavation in and around the monuments.
Moreover, permission would have to be obtained for removal of anything from the monuments besides filming and photography of the monuments.
Besides rules of J&K Ancient Monuments Preservation Act, regulations of J&K Heritage Conservation and Preservation Authority have also been framed and being forwarded to the Law Department for vetting.
“The regulations will govern the functioning of the Authority, guide in survey, listing and grading of the tangible and intangible heritage of the State”, sources said.
It is pertinent to mention here that a total of 43 monuments in the State have already been declared as State Protected while as process for seven others is going on. The latest addition in the list of State Protected Monuments is Bamiyan type Buddha in Kargil district. This is perhaps the first State Protected Monument from the Ladakh region.
The Department of Archives, Archaeology and Museums has already identified 651 heritage places and monuments, which can be considered for declaration of State Protected.

Excelsior Correspondent
JAMMU, May 8: Helicopter services of Global Vectra were today suspended from Katra, the base camp of Mata Vaishno Devi ji shrine, to Sanji Chat, about three kilometers short from the Bhawan after suspension of the company’s flying permit by Directorate General of Civil Aviation.
However, soon after the Global Vectra informed Shri Mata Vaishno Devi Shrine Board (SMVDSB) officials that it was suspending its services with effect from this morning, the authorities took up the matter with Pawan Hans, the second company operating on Katra-Sanji Chat route, which arranged another helicopter and started flying the passengers booked in advance through online by Global Vectra.
“The SMVDSB authorities have reached an agreement with Pawan Hans to operate additional helicopter daily in place of Global Vectra to ensure that the passengers didn’t face inconvenience. The Pawan Hans would fly the passengers as per the original contract condition’’, official sources said.
They added that on a normal fair weather day, the Pawan Hans and Global Vectra used to make 75 to 80 sorties each from Katra to Sanji Chat and back. With pressing into service, an additional Pawan Hans helicopter, the passengers wouldn’t face any problem, sources said, adding that an equal number of pilgrims would now fly in Pawan Hans helicopters.
“The passengers, who have advanced online booking through Global Vectra would be eligible to fly through Pawan Hans’’, they said.
However, since Global Vectra has also been listed for flying passenger to holy cave shrine of Shri Amarnath ji for the pilgrimage beginning June 25, the SASB authorities would shortly take a decision.
The Directorate General of Civil Aviation (DGCA) had yesterday suspended the operating permit of Global Vectra Helicorp Limited whose promoter Ravi Rishi is under the CBI scanner in the controversial Tatra truck deal with the Army.
The Home Ministry withdrew its security clearance and recommended to the Civil Aviation Ministry to annul the non-scheduled operator permit (NSOP) of the company.
“The pilgrims, who already had their advance booking with the firm, this morning initially faced hard time due to the suspension of the service but the SMVDSB authorities immediately reached an agreement with Pawan Hans, which pressed another helicopter into service and started taking the passengers booked by Global Vectra.
With a fleet of 23 choppers, the Global Vectra flies onshore and offshore operations for oil companies, besides catering to tourist travels in the Northeast and operating chopper flights to major shrines like Vaishno Devi and during Amarnath Yatra.
Pawan Hans, which has 45 helicopters, operated additional flights to meet the vacuum created by the suspension of Global Vectra’s operations, sources said.
Normally, about 1000 pilgrims were daily flown from Katra to Sanji Chat and back by Pawan Hans and Global Vectra, sources said, adding that there would be no let up in number of the yatris as similar number of yatris would be flown by Pawan Hans now on the same terms and conditions.

SRINAGAR, May 8:
Chief Minister Omar Abdullah today said the striking pilots of Air India should call off their strike at the earliest if they are interested in saving the airline.
“The sooner the pilots call off the strike, the better are the chances of saving Air India,” Omar told reporters on the sidelines of a function at Budgam, 14 kms from here.
The Chief Minister said taxpayers money is being spent to bail out the Air India, “but the pilots seem not to care about it.”
“Why do Air India pilots object to Indian Airlines pilots getting training in new planes? This is a joke with the taxpayers,” he said.
The Chief Minister said that one could understand the pilots taking the agitational path if they had some genuine demands to be met.
Earlier, Omar had slammed the striking pilots, saying the cancellation of flights by Air India due to their stir will not help the carrier in dealing with its troubles.
“Excellent, well done, Air India. This is just the way you drag yourself out of the hole you find yourself in, cancel more flights,” Omar said in a sarcastic tweet on the cancellations of flights.
About 100 Air India pilots have not joined duty since last night, leading to cancellation of international flights.
The pilots refused to join duty following the failure of talks with the Air India management over the rescheduling of Boeing 787 Dreamliner training. (PTI)

ISLAMABAD, May 8:
Prime Minister Yousuf Raza Gilani faces the prospect of being disqualified as an MP for five years after Pakistan’s Supreme Court ruled today that he “wilfully, deliberately and persistently” defied the Highest Court and brought the judiciary into “ridicule”.
A seven-judge bench headed by Justice Nasir-ul-Mulk issued a 77-page detailed order regarding the conviction of the premier for refusing to act on directives to revive cases of alleged money laundering against President Asif Ali Zardari in Switzerland.
Earlier, the same bench had issued a short order when it convicted Gilani of contempt and gave him a symbolic sentence of less than a minute on April 26.
Even in the short order, the bench had hinted that Gilani faced possible disqualification.
The apex Court referred to an earlier order it had issued on January 10, which had said that under provisions of Articles 63(1) and 113 of the Constitution, a conviction of contempt “may entail a disqualification from being elected or chosen as, and from being, a member of Majlis-e-Shoora (parliament) or a Provincial Assembly for at least a period of five years”.
The seven-judge bench enumerated reasons for the conviction of the 56-year-old premier and analysed the evidence that was presented during his trial in the detailed order.
The detailed order said “the highest executive functionary of the State of Pakistan” had “wilfully, deliberately and persistently defied a clear direction of the Highest Court of the country”.
Such “clear and persistent defiance at such a high level constitutes contempt which is substantially detrimental to the administration of justice” and brings the judiciary into ridicule, it said.
“After all, if orders or directions of the Highest Court of the country are defied by the highest executive of the country, then others in the country may also feel tempted to follow the example, leading to a collapse or paralysis of administration of justice, besides creating an atmosphere wherein judicial authority and verdicts are laughed at and ridiculed,” the detailed order said.
Former Law Minister Wasi Zafar told the media that Gilani’s case would now go to the Speaker of the National Assembly or lower house of parliament.
The Speaker will decide whether the matter should be referred to the Chief Election Commissioner, he said.
If the Speaker decides to send the matter to the CEC, then the Election Commission will decide on the issue of disqualification, Zafar said.
Gilani, who today embarked on a five-day official visit to Britain, has rejected demands from the opposition for his resignation after his conviction.
He has said that only the Speaker of the National Assembly can decide on his disqualification.
Under the existing rules, the Speaker has 30 days to consider the issue of disqualification, following which the Election Commission has a further 90 days to decide the issue if it is referred to the panel.
The Supreme Court has been pressuring the Government to revive the cases against Zardari since December 2009, when it struck down a graft amnesty issued by former military ruler Pervez Musharraf.
The Government has refused to act, saying the President enjoys complete immunity in Pakistan and abroad.
The apex Court’s detailed order could exacerbate the ongoing standoff between the Pakistan People’s Party-led Government and the judiciary, which some commentators have accused of acting in an impartial manner against Zardari and Gilani. (PTI)

NEW DELHI, May 8:
The Supreme Court today directed the Government to phase out Haj subsidy within a period of 10 years, saying that this amount can be more profitably used for social and educational development of the Muslim community.
A bench of justices Aftab Alam and Ranjana Prakash Desai quoted Quran to justify doing away with the subsidy, which was around Rs 685 crores in 2011, noting that many Muslims would not be very “comfortable” to know that their Haj is funded to a large extent by the Government.
“We are also not oblivious of the fact that in many other purely religious events there are direct and indirect deployment of state funds and state resources. Nevertheless, we are of the view that Haj subsidy is something that is best done away with,” the bench said.
The Centre at present foots an amount of Rs.38,000 per Haji by giving subsidised airfare.
The bench fixed a time frame of ten years for gradually eliminating subsidies to Haj pilgrims. Last year, about 1.25 lakh pilgrims went for Haj.
“We, therefore, direct the Central Government to progressively reduce the amount of subsidy so as to completely eliminate it within a period of 10 years from today. The subsidy money may be more profitably used for upliftment of the community in education and other indices of social development,” the bench observed.
“This Court has no claim to speak on behalf of all the Muslims of the country and it will be presumptuous for us to try to tell the Muslims what is for them a good or bad religious practice.
“Nevertheless, we have no doubt that a very large majority of Muslims applying to the Haj Committee for going to Haj would not be aware of the economics of their pilgrimage and if all the facts are made known a good many of the pilgrims would not be very comfortable in the knowledge that their Haj is funded to a substantial extent by the Government,” the bench said.
The bench also directed that the practice of sending Government’s representative with the Haj delegation must be stopped.
“We fully appreciate the idea of the people of India extending their goodwill to the Kingdom of Saudi Arabia on the auspicious occasion of Haj but we completely fail to see how even that purpose can be served by sending such a large, unwieldy, amorphous and randomly selected delegation. On a careful consideration of the issue we are quite clear that the present practice of sending Goodwill Haj Delegation must come to stop,” the bench said.
It further said that the Centre can send a leader and a deputy leader in the course of Haj to send a message of goodwill to the Kingdom of Saudi Arabia.
The bench said that Government had started sending Goodwill Delegation to meet the anti-India propaganda which is not needed at present and now it is used for other purposes.
“It is no secret that after the 1965 war Pakistan tried to use even the Haj pilgrimage for anti-India propaganda and the purpose of sending the Goodwill Delegation was to meet the anti-India propaganda.
“The reason for which the delegation was first sent has long ceased to exist and Pakistan is no longer sending any official Goodwill Haj Delegation to Saudi Arabia. It may, however, be contended that with the passage of time the purpose of the delegation has changed and in the changed circumstances the delegation serves other objects and purpose,” the bench said.
The court said that there is no “reasonable basis” for the nomination to the Goodwill Delegation of around 27 people which “evidently” works on patronage and granting of favours.
“From the list of the members of the Goodwill Delegation for a period of 10 years no rational basis is discernible for selecting members for the delegation. The list shows a disparate group of persons randomly put together from various professions and walks of life.
“What is more surprising is that there are some people who were able to go as member of the Goodwill Delegation more than once, some even three or four times. In the absence of a reasonable basis the nomination to the Goodwill Delegation evidently works on patronage and granting of favours,” it said.
The bench also asked the Government to furnish details on how its quota is allocated to applicants on recommendation by dignitaries and eminent persons saying that “We have some initial reservations on allocation of seats on recommendation by dignitaries and eminent persons”.
“We direct the Union of India to file further affidavit stating in greater detail the way the quota of 11,000 seats is being allocated for 2012 Haj. We would also like to know in greater detail the procedure followed by the Haj Committee of India and the state Haj committees in making selection for sending pilgrims for Haj,” the bench said.
It said that it would “specially” like to examine the functioning of the Haj Committees of the States where the number of applicants exceed the quota allotted for the state.
“We direct the Haj Committee of India to file a detailed affidavit giving full details of the process of selection of pilgrims from the applications made to the State Haj Committees. The affidavit should also give details of the charges realized from the pilgrims and the facilities made available to them,” the bench said. (PTI)

Excelsior Correspondent
Srinagar, May 8: An India and Pakistani joint team of Arbitration experts today visited the dam site of the 330-MW Kishanganga hydro-power project in Gurez near the Line of Control (LoC) in the frontier district of Bandipora.
An 8 member joint team of the two countries, mostly hydraulic experts, arrived in Gurez this morning in Air Force helicopters and visited the dam site, the construction for which is yet to start.
The team was in Gurez for about an hour during which they inspected the site to monitor the implementation of the order of the Permanent Court of Arbitration at The Hague on the construction of the power house.
The team comprised 3 Pakistani and 5 Indian officials. They included Aisf Beg, technical expert Government of Pakistan, Shamilla Mehmood, Legal Counsel Government of Pakistan, Dr Mooris of United States, Technical Expert of Government of Pakistan, G Aranganathan, Commissioner Indus, Ministry of Water Resources Government of India, P Davinder Rao, Deputy commissioner Indus, Ministry of Water Resources Government of India, Professor Ranga Raju, Technical Expert Government of India, Rajive Baboota, Chief Engineer NHPC and Vishal Siani, Chief Engineer NHPC.
The team is scheduled to visit the dam site in October this year again as part of the court order.
Pakistan claims that the project violates Indus Water Treaty between the two countries. The hydropower project is being built on Kishanganga river, which flows into Pakistan. It is likely to be completed in February, 2014.
Pakistan claims that with the construction of the 330-MW Kishanganga hydropower project, around 100 kilometers of river Neelam will dry up as water will be diverted to river Jhelum through Wullar Lake near Bandipur town.
Pakistan argues that such a diversion contravenes the Indus Water Treaty of 1960, which would compromise Pakistan’s rights over the river and reduce the flow of water into Pakistan significantly.
It may be mentioned here that Pakistan had approached Court of Arbitration in Hague to stop India from constructing any permanent works on or above the Kishanganga/Neelum River bed at the Gurez site that may inhibit the restoration of the flow of the river to its natural channel.
The court had ordered that Pakistan and India arrange for periodic joint inspections of the dam site at Gurez in order to monitor the implementation of the Court’s Order. Today’s visit was part of the visit under court order to monitor its implementation.