- By Shivam Shandilya
- Sat, 13 Jul 2024 03:45 PM (IST)
- Source:JND
The Ministry of Home Affairs (MHA) amended the Jammu and Kashmir Reorganization Act, 2019, enhancing some powers of the Lieutenant Governor of the erstwhile state. President Droupadi Murmu gave her approval to the amendments in the rule exercising the powers conferred under Section 55 of the Jammu and Kashmir Reorganisation Act, 2019, (34 of 2019) read with the Proclamation dated October 31, 2019 issued under Section 73 of the Act, a notification issued by the MHA mentions.
President Murmu made the rules further amended to amend the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019.
"These rules may be called the Transaction of Business of the Government of Union Temtory of Jammu and Kashmir (Second Amendment) Rules, 2024," reads the notification.
The amendments come into force on the date of publication in the Official Gazette, July 12.
What Are The Changes After Amendement Comes Into Force
- According to the inserted sub-rule (2A), no proposal that requires previous concurrence of the Finance Department with regard to 'Police', 'Public Order', 'All India Service' and 'Anti Corruption Bureau' to exercise the discretion of the Lieutenant Governor under the Act shall be concurred or rejected unless it has been placed before the Lieutenant Governor through the Chief Secretary.
- In the principal rules, after rule 42, rule 42A has been inserted that points out that the Department of Law, Justice, and Parliamentary Affairs shall submit the proposal for the appointment of the Advocate-General and other Law Officers to assist the Advocate-General in the court proceedings for the approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister.
- In the inserted rule 42B, any proposal regarding the grant of refusal of prosecution sanction or filing of an appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice, and Parliamentary Affairs.
- In the principal rules, Rule 43, after the third proviso, the notification states that some provisos shall be inserted that focus on matters connected with Prisons, Directorate of Prosecution and Forensic Science Laboratory, under which "the matters shall be submitted to the Lieutenant Governor by Administrative Secretary, Home Department through the Chief Secretary.
"Provided also that in respect of matters connected with posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, the proposal shall be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department, through the Chief Secretary".
The rules were published in the Gazette of India on August 27, 2020, and subsequently amended on February 28, 2024.
(With input from agencies)