JAMMU, Nov 24: The Union Ministry of Home Affairs (MHA) is shortly expected to come out with the ‘Business Rules’ for jammu and Kashmir which will define powers of the Cabinet, the Chief Minister, Ministers and Administrative Secretaries among others.
Official sources told the Excelsior that the ‘Business Rules’ have been drafted by the Union Territory Government in consultations with all stakeholders and have been forwarded to the Union Ministry of Home Affairs through proper channel. The ‘Business Rules’ had become mandatory as Jammu and Kashmir switched over from the State to the Union Territory after over six years of the Central rule.
Powers of the Lieutenant Governor have already been clearly defined which among others include the Home Department and All India Services (AIS).
The Jammu and Kashmir Reorganization Act 2019 passed by the Parliament and amended from time to time has defined most of the powers. However, the powers have to be formally defined by the MHA in the form of ‘Business Rules’ in consultations with the Union Territory Government, the sources said.
They added that the General Administration Department (GAD) of the UT Government carried out an extensive exercise in consultations with the stakeholders for framing the ‘Business Rules’ which were subsequently sent to the Union Home Ministry. However, as Union Home Minister Amit Shah is now free from Jharkhand and Maharashtra elections, the Rules are expected to be issued shortly.
“Powers of the Chief Minister, the Cabinet, Cabinet Ministers and Administrative Secretaries will be defined in the Business Rules,” the sources said, adding that powers of the Heads of Departments (HoDs), the District Development Commissioners (DDCs) and equal ranks are almost clear.
Transfers of the Government officers up to a particular rank, clearance of projects/works by the Ministers and Cabinet, creation of new posts and Recruitment Rules in some of the posts are few more areas where clarity will emerge after issuance of the ‘Business Rules’, the sources said.
However, as per the sources, the Government has been working smoothly and will gain momentum after the things are clearer.
“Not only in the Government but in the Legislative Assembly also, the Business Rules are yet to be framed,” the sources said, adding Speaker Abdul Rahim Rather is expected to head the Committee to frame the Rules for the House. There has been a provision in the Jammu and Kashmir Reorganization Act that the Assembly can run as per the rules existing in erstwhile State of Jammu and Kashmir till new rules are framed.
There are reports that the Assembly Speaker might himself head the Rules Committee which will comprise MLAs from almost all political parties, the numbers depending on strength of the parties’ in the House. As framing of the rules is expected to take time, the budget session of the Legislative Assembly scheduled to be held in January-February next year is expected to run as per the previous rules.
Sources said there will be full clarity in the Government as well as lower-rung of the administration once the `Business Rules’ are released by the Union Ministry of Home Affairs.
At present, however, the administration is due to set the budget exercise in motion with meetings scheduled with different departments.
Chief Minister Omar Abdullah holds charge of the Finance Ministry and is expected to present maiden budget of the jammu and Kashmir Union Territory in January-February next year unless the Council of Ministry is expanded and a new Finance Minister is appointed.
The UT Government can have nine Ministers including the Chief Minister, Presently, there are three vacancies in the Council of Ministry.
