UT admin notifies business rules

Of 39 departments, two advisors share 18, Chief Secy gets 15, Finance Secy 6

JAMMU: Putting out all speculations of appointment of new Advisors to rest, Lieutenant Governor Girish Chandra Murmu today constituted his advisory council comprising of Advisors KK Sharma and Farooq Khan, and Chief Secretary BVR Subramanyam, with the two advisors appointed as Members and Chief Secretary as secretary to the reconstituted Administrative Council, which Murmu will head to discharge the functions of a government in the Union Territory of Jammu and Kashmir.

As per an order by the General Administration Department, the government has distributed business and the departments of the UT which allocates lion’s share to the Chief Secretary.

Of the 39 expanded departments, the Chief Secretary holds 15 and Financial Commissioner, Finance Department gets 6, while Advisor Sharma and Advisor Khan were given comparatively lightweight 8 and 10 departments, respectively.

In a separate order, the Lieutenant Governor also allocated ministerial powers among the administrative secretaries. The Advisors and the Chief Secretary are, of course, vested with the powers of ministers of their concerned departments and business.

Advisor Sharma will look after Public Works (R&B) Department, Power Development Department, Planning, Development and Monitoring Department, School Education Department, Higher Education Department, Technical Education Department, Industries and Commerce, and Tourism Department. Advisor Khan, on the other hand, was allocated Food, Civil Supplies & Consumer Affairs Department, ARI & Trainings, Cooperative, Floriculture Department, Election Department, Labour and Employment Department, Haj & Auqaf, Social Welfare Department, Tribal Affairs Department, Youth Services and Sports Department.

“Advisor Sharma and Advisor Khan shall exercise the powers of the Minister in respect of the Departments allocated to them,” the order said.

However, it is the Chief Secretary BVR Subramanyam —often dubbed as ‘De Facto’ Governor of Jammu and Kashmir—who has not only got the highest number of departments, but also the most important ones.

The Chief Secretary will directly advise Lieutenant Governor on the matters related to General Administration Department, Home Department and Anti-Corruption Bureau (ACB).

Other departments which would remain under BVR’s supervision include Law, Justice & Parliamentary Affairs, Revenue Department, Information Department, Forest, Ecology & Environment Department, Agriculture Production, Horticulture, Housing & Urban Development, Information Technology, Science & Technology, Culture, Health & Medical Education, Estates, Rural Development & Panchayati Raj, and PHE/I&FC Department

Papers related to all these Departments would be submitted by the respective Administrative Secretaries through Chief Secretary to the Lieutenant Governor.

Not only this, the papers related to All India Services (IAS, IPS and IFS) would also be routed by the respective Administrative Secretaries through the General Administration Department and Chief Secretary for consideration of the Lieutenant Governor.

Finally, the Financial Commissioner, Finance Department would be looking after six departments which include Finance, Transport, Animal and Sheep Husbandry, Disaster Management, Relief, Rehabilitation & Reconstruction, Hospitality & Protocol, and Civil Aviation department.

The government also constituted the administrative council to discharge the functions of a government with Murmu as its chairman, both advisors as its members and chief secretary as its secretary.

With constitution of administrative council, the Murmu’s administration has also notified the procedure of transaction of government business.

The administrative council which would replace State Administrative Council, would dispose of the cases mentioned in 'The Second Schedule (Amended) of the Jammu and Kashmir Government Business Rules'.

There are a total of 15 types of such cases and these include those involving legislation, including the issue of ordinances; proposals to summon or prorogue or dissolve the legislature of the state; address of governor to the legislature; cases involving the question as to whether a member of the House of the legislature of the state is subject to any disqualification; the annual financial statements to be laid before the Legislature and demands for supplementary, additional or excess grants; Cases in which the attitude of the Government to any resolution or a Bill to be moved in the Legislature is to be determined; the annual audit review of the finance of the report of the Public Accounts committee; Proposals involving any important change of policy or directives or embodying changes in the administrative system; Proposals for appointments, or for taking any action inconsistent with the recommendations of the Public Service Commission; Cases in which a Minister desires decision or direction of the Cabinet in a matter of importance on a subject assigned to his charge; Cases in which a difference of opinion arises between two or more Ministers and a Cabinet decision is desired; or any other cases which the Governor or the Chief Minister may by general or special order require to be brought before the Cabinet, besides any proposal for the institution of prosecution by the Government against the advice tendered by the Department of Law, Justice and Parliamentary Affairs.

These 15 types of cases would be submitted to the administrative council by the Administrative Departments with the prior approval of the concerned Advisor or by the chief secretary or the Financial Commissioner, Finance Department—as the case may be-- to the Council through the Chief Secretary.

Besides this, the Chief Secretary will be responsible to submit directly to the Lieutenant Governor cases in the third schedule (amended entries) which normally would be submitted to the chief minister.

There are 51 types of such cases and approval of the administrative council is not required in those.

Further, the government has delegated the powers of ministers to Chief Secretary and Administrative Secretaries.

“In exercise of the powers conferred vide Presidential Order 3937 (E) dated 31 October, 2019 read with S.O.01 dated 31 October, 2019 of the General Administration Department and Rule 5 of the Jammu and Kashmir Government Business Rules, Chief Secretary and Administrative Secretaries shall exercise the powers of the Minister” in respect of the matters they have been authorised to, read another order.