15 years of service not necessary for Municipal Comm’s post in J&K: Govt

Wajahat Shabir. Updated: 1/28/2023 12:40:47 AM Front Page

SRINAGAR: For the appointment of the Municipal Commissioner in Jammu and Srinagar, the government has ordered amendments in Jammu and Kashmir Municipal Corporation Act.
As per the amendments, the government may appoint any suitable officer as Commissioner of the Municipal Corporation, irrespective of his service experience, for the smooth functioning of the Corporation.
The amendments have been made to section 427 of the Jammu and Kashmir Municipal Act, 2000.
Earlier, it was ruled that The Government shall, by notification, in the government gazette appoint a Class 1 Officer of the Government having a service of not less than fifteen years, as the Commissioner of the Corporation.
A notification in this regard has been issued by the Housing and Urban Development Department.
Whereas, section 427 of the Jammu and Kashmir Municipal Act, 2000, provides as follows:"427 Power to remove difficulties:- If any difficulty arises in giving effect to the provisions of this Act or by reasons of anything contained in this Act to any other enactment for the time being in force the Government may, as occasion requires, by order direct that this act shall during such period as may be specified in the order but not extending beyond the expiry of two years from the commencement orders have effect subject to such adaptations whether by way of modification, addition or omissions as it may deem to be necessary and expedient"
Whereas, vide notification S.0 271 of 2022 dated 03.06.2022/ the difficulty in giving effect to sub—section (1) of section 45 of the Act was removed by insertion of a suitable proviso, which was deemed to come into force w.e.f. 01.01.2021 for a period of two years or till it is revoked.
And Whereas the period of the said S.O. Notification has expired by efflux of time on 01001.2023 and difficulty has again arisen in giving effect to subsection (1) of section 45 of the Act, as the stipulation of having service of 15 years of experience as envisaged therein will lead to administrative difficulties resulting in affecting the smooth functioning of the Corporations and providing better services to the public at large.
Now therefore, in the exercise of powers conferred under Section 427 of the Jammu Kashmir Municipal Corporation Act, 2000, the Government hereby makes the following order namely, Short title and commencement: (1) This order may be called the Jammu and Kashmir Municipal Corporation (Removal of Difficulties) Order, 2023.
It shall be deemed to have come into force w.ef 01.01.2023 and shall remain in force for a period of two years or till it is revoked by the Government, whichever is earlier.
Removal of Difficulties:- The difficulties arising in giving effect to the provisions of section 45 of the Jammu and Kashmir Municipal Corporation Act, 2000 have been removed in the following manner namely:- In section 45, after sub- section (1), the following proviso shall be inserted namely:-
"Provided that notwithstanding anything contained in subsection (1), the Government may appoint any suitable officer as Commissioner of the Corporation, irrespective of his service experience, for the smooth functioning of the Corporations".


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