Neeraj Rohmetra
Jammu, Nov 6: As a sequel to the broad consensus reached between the coalition partners — Congress and National Conference (NC) over the incorporation of 73rd Amendments in the State Constitution, the State Government has agreed to amend various provisions of the State Panchayati Raj Act.
Reliable sources told EXCELSIOR that the Law Department had done a detailed exercise over the proposals submitted by the Congress party for further strengthening of the Panchayati Raj Act and subsequently, submitted its recommendations to the State Government over ‘suitable’ provisions.
“The detailed note had also dwelled over the provisions of the existing State Panchayati Raj Act, which required amendments in the forthcoming Budget session in the winter capital”, sources in Civil Secretariat asserted, adding, “the Government has proposed to amend the provisions pertaining to removal of Sarpanchs, membership of marketing societies, status of Chairmen of BDC, financial power of Panchayats and provision of separate ombudsman for Panchayats”
The detailed note, which is in possession of EXCELSIOR gave point by point response submitted by the State Government on various provisions of the 73rd Amendments of the Indian Constitution, which were proposed for inclusion in State Act by the Congress party.
While responding to the demand for reservation, the State Government says, “Section 4 of the J&K Panchayati Raj Act already provides for reservation in favour of Schedule Castes, Schedule Tribes and Women. Even the 73rd Amendment to the Constitution of India also provides for reservations in favour of SCs, STs and Women”.
Regarding the suggestion of Congress party that any resolution passed by two-third majority of Panchayat for removal of Sarpanch had to be approved by Block Development Council, the State Government has stated, “this would require a policy decision by the Government and a consequent Amendment in Section 7 of the Act”.
Referring to Amendment of Section 29 of the Act, the Congress party has proposed that the term of the Panchayat should be co-terminus with that of the District Development Board. However, the State Government has responded by commenting that Section 29 of the State Act says that the term of Chairman of Block Development Council will be for five years from the date he is declared elected. Therefore, the term of the Chairman has to be co-terminus with that of the Halqa Panchayats in the concerned block.
Conceding the demand of Congress party for disallowing the Marketing Societies from becoming members of BDC, the State Government in the documents has said, “for incorporating this provision, the deletion of this clause (iii) of Sub-Section (3) of Section 27 would also require an amendment in the State Act”.
“While there was general consensus now that the Chairmen of BDCs have to be elected, there was also need for further confabulations on the issue of status of Chairman of Block Development Council (BDC). The Congress party, while referring to Section 28 has suggested that the Chairmen should enjoy same powers as that of Vice-Chairperson and should also be made co-chairperson in the meetings of District Development and Planning Board (DDPB)”, says the document.
Regarding the Amendments to Section 59 pertaining to value of works undertaken by the Panchayats, the State Government says, “a Committee constituted for the purpose had already suggested changes in Section 59 of the Act”.
“The State Legislature has already enacted the Jammu and Kashmir Municipal Ombudsman Act 2010. The provision of a separate ombudsman for Panchayats as recommended by the Congress party would further require a separate policy decision from the Government”, says the document.
While the Congress has opposed the Constitution of Panchayat Advisory Committee (PAC), the State Government feels that the proposed Committee is only Advisory in nature and the final decision is to be taken by the Government. “The recommendations of the PAC as per Section 9 of the Act would assist the Government in arriving at just and fair decision”, says the document.
“The coalition partners were, however on the same page on several other provisions including the issue of paying honorarium to Sarpanchs and Panchs, removal of Chairperson of BDC by 2/3 majority of Panchs/Sarpanchs and reducing the voting age from 25 years to 21 years”, says the official document.
Commenting on the status of the process for incorporation of 73rd Amendments in the State Constitution, Rural Minister Ali Mohammad Sagar, who is also member of the Coordination Committee said, “a broad consensus had been reached over several matters like constitution of separate Finance Commission and Election Commission for Panchayats, procedure for removing Sarpanch, auditing of Panchayats and reducing voter age and few others .”
“There were several provisions that had already been incorporate into the State Constitution while several others would require Amendments, which are likely to be introduced in the forthcoming Budget session”, he added.
It is pertinent to mention here that National Conference and Congress have reached broad consensus over the incorporation of some key elements of 73rd Amendment of Constitution of India into State’s Panchayat Raj Act. The consensus was arrived in the Coordination Committee meeting held on October 23, under the chairmanship of Prof Saif-ud-Din Soz.
Trending Now
E-Paper
Follow our WhatsApp channel