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Core Purpose

Notification (G.S.R. 386(E)) further amending the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019, under Section 55 of the Jammu and Kashmir Reorganisation Act, 2019.

Detailed Summary

The Ministry of Home Affairs issued notification G.S.R. 386(E) dated 12th July 2024, under Section 55 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), read with the Proclamation dated 31st October 2019 issued under Section 73 of the Act. The President made the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024, effective from the date of publication, further amending the principal Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019, originally published vide G.S.R. 534(E) dated 27th August 2020 and previously amended vide G.S.R. 142(E) dated 28th February 2024. The amendments insert a new sub-rule (2A) in Rule 5, requiring that any proposal needing Finance Department concurrence on 'Police', 'Public Order', 'All India Service' or 'Anti-Corruption Bureau' matters, for exercise of the Lieutenant Governor's discretion, be routed through the Chief Secretary. New Rules 42A and 42B are inserted after Rule 42: Rule 42A requires the Department of Law, Justice and Parliamentary Affairs to submit proposals for appointment of the Advocate-General and other Law Officers for approval of the Lieutenant Governor through the Chief Secretary and Chief Minister; Rule 42B requires proposals regarding grant/refusal of prosecution sanction or filing of appeals to be placed before the Lieutenant Governor through the Chief Secretary by the same Department. Rule 43 is amended to add provisos requiring matters relating to Prisons, the Directorate of Prosecution and the Forensic Science Laboratory to be submitted to the Lieutenant Governor by the Administrative Secretary, Home Department, through the Chief Secretary, and matters relating to posting/transfer of Administrative Secretaries and All India Service cadre posts to be submitted by the Administrative Secretary, General Administration Department, through the Chief Secretary. Issued under F. No. 11012/27/2020-SRA and signed by Prashant Lokhande, Joint Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-12072024-255357 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 358] NEW DELHI, FRIDAY, JULY 12, 2024/ASHADHA 21, 1946 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 12th July, 2024 G.S.R. 386(E). In exercise of the powers conferred by section 55 of the Jammu and Kashmir Reorganisation Act, 2019, (34 of 2019) read with the Proclamation dated 31st October, 2019 issued under section 73 of the said Act, the President hereby makes the following rules further to amend the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019, namely:- 1. (1) These rules may be called the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 (hereinafter referred to as the principal rules), in rule 5, after sub-rule (2), following sub-rule shall be inserted, namely:- "(2A) No proposal which 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". 3. In the principal rules, after rule 42, the following rules shall be inserted, namely:- "42A. Department of Law, Justice and Parliamentary Affairs shall submit the proposal for appointment of Advocate-General and other Law Officers to assist the Advocate-General in the court proceedings, for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister. 42B. Any proposal regarding grant or refusal of prosecution sanction or filing of appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs”. 4. In the principal rules, in rule 43, after the third proviso, following provisos shall be inserted, namely:- "Provided also that in respect of matters connected with Prisons, Directorate of Prosecution and Forensic Science Laboratory, 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, proposal shall be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department through the Chief Secretary". [F. No. 11012/27/2020-SRA] PRASHANT LOKHANDE, Jt. Secy. Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.534 (E), dated the 27th August, 2020 and subsequently amended vide number G.S.R.142 (E), dated the 28th February, 2024. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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