Approves bill to tackle Benami transactions, dedicated Special Security Force for Governor
In a decision aimed at streamlining the teaching cadre in Jammu Kashmir, the State Administrative Council (SAC) under the chairmanship of Governor Satya Pal Malik approved the action pan recommended by the committee constituted vide G O No 1263-GAD of 2018 dated 13 August 2018.
The committee was mandated to devise a comprehensive strategy to review the issues of all school teachers in the School Education department including those funded under the on-going Government of India-sponsored Scheme ‘Sarva Shiksha Abhiyan’ (SSA) and suggest possible solutions.
Over the years, School Education department has been facing immense difficulties due to multiple cadres of teachers, requirement of additional funds to meet out salary of both SSA and RMSA teaching faculty and a host of other related issues, which were directly or indirectly impacting upon the quality of education in Government-run schools and leading to avoidable chaos and confusion among the teaching fraternity.
To address the issue in its right perspective and humanely, the State government constituted a committee vide G O No 1263-GAD of 2018, Dated 13 August 2018.
The committee submitted its recommendations in the form of an action plan to the government.
The SAC considered the departmental proposal based on the recommendations of the committee and broadly accepted the action plan proposed by the committee.
The SAC approved the creation of a separate cadre of teachers who would get the pay scale of Rs 29200-92300 (L-5) 7th Pay Commission from September 1, 2018 in the School Education department.
These posts shall be filled up 100 percent by selection out of regularized Rehbar-e-Taleem ‘Teachers (RReTs) with qualification ‘graduate from any recognised university’.
This cadre of teachers is created exclusively for the purpose of adjusting RReTs and would gradually get extinguished or abolished over a period of time.
The School Education department would amend the Jammu Kashmir School Education (Subordinate) Service Recruitment Rules, 2008 as may be required to give effect to this decision.
RReTs will transition into teachers as procedure laid down in the Action Plan.
The action plan envisages formal merger of 526 posts of headmasters and 3132 posts of subject-specific masters created under RMSA with headmasters and masters in the School Education department, conversion, up-gradation of existing 4522 direct quota vacant non-teaching posts in different categories as teachers, creation of 28,363 supernumerary posts of teachers with the stipulation that these supernumerary posts shall subsist till completion of appointment, transition of eligible RReTs as regular teachers, and thereafter shall cease to exist on the adjustment if these supernumerary posts against normally arising vacancies.
The School Education department has been authorised as a one-time exception to fill certain vacant posts of lecturers by promotion of eligible PG teachers and masters in the relevant disciplines to enable utilization of the resultant vacancies of teachers for appointment and transition of RReTs as teachers.
This initiative is being taken in the larger interest of the teaching community and purely as a welfare measure.
The School Education department has been granted one-time exemption for making regularization, confirmation, and promotion of the officers (backlog and fresh) in respect of each gazetted category without referring the cases to the JKPSC and DPC.
The 4522 posts of non-teaching staff shall be restored to their original position as and when they become available after adjusting and subsuming all the supernumerary posts.
The School Education department would encourage such RReTs as do not possess the requisite qualification to acquire the same within a specific timeframe so as to up-scale them as regular teachers.
Further, all vacancies of lecturers and teachers referred to PSC and SSB where advertisement notices have not been issued or selection process has not been initiated or written test has not been conducted as on 07.12.2018, shall stand withdrawn.
However, this would not apply to the posts for which selection lists have been published or where document verification is in process.
The SAC directed that a Committee of Officers under the Administrative Secretary, School Education department with Director, School Education Kashmir and Jammu, representatives of General Administration and Finance Department not below the rank of Additional Secretary to Government or equivalent level would oversee the entire process of appointment and transition of RReTs as teachers.
The School Education department would nominate a nodal officer to maintain a complete record of the vacancies of the lecturers and teachers or in the non-teaching category to ensure proper accounting of the posts created, converted, reverted, supernumerary posts, their adjustment against regular posts, vacancies arising from time to time.
The action plan also envisages creation of a Human Resource Management (HRM) Branch in the School Education department, civil secretariat to deal with Human Resource Management (HRM).
The Committee of Officers constituted vide Government Order No 1263-GAD of 2018 dated 13 August 2018 will also examine the cases of 7706 under-graduate teachers who do not possess the qualification as ‘Graduate’ for their appointment and transition as regular teachers.
The committee would submit its report to the government within a period of one month.
The landmark decision will enable streamlining the cadre of RReTs by transitioning them in the regular cadre of teachers and meeting the salary deficit of SSA and RMSA teachers, which is over Rs 1400 crore per annum, out of the State budget.
Thus all teachers will henceforth get regular monthly salary on time consequent to the assimilation of various cadres of teachers into one regular teaching cadre.
This will result in greater accountability, discipline and capacity building of teachers and improve the quality of education in the State.
Meanwhile, to fast track recruitment and bring in more transparency in the overall selection process, the SAC approved the proposal of dispensing with oral test for selection against the newly created posts of Veterinary Assistant Surgeons.
The recruitment to these posts will now be done on the basis of written tests only.
The SAC in its meeting held on 12 September 2018 had accorded sanction to the creation of 400 posts of Veterinary Assistant Surgeons in the Animal & Sheep Husbandry Department for selection through JKPSC in a phased manner.
The SAC had further asked the Animal & Sheep Husbandry Department to examine as to whether the recruitment against these newly created posts can be conducted on the basis of written tests only.
The fast-track and transparent recruitment to these posts will fulfil the long pending demand for regularization of Animal & Sheep Husbandry trial centres besides infusing fresh professional talent in the Department for maintaining health and welfare of animals, thereby, enhancing mutton, milk and poultry production in the State.
The SAC also approved the Code of Civil Procedure (Amendment) Bill- 2018.
The Bill seeks to introduce such provisions in the Code of Civil Procedure, Samvat, 1977 which will help in the disposal of cases in a time-bound manner.
These provisions relate to fixing time-frame for filing a written statement and forfeiture of right of defendant to file written statements after the prescribed period.
Besides provision regarding costs have been attuned and a new provision of case hearing management is being introduced.
These modifications are aimed at speedy disposal of civil cases in courts which tend to linger on unnecessarily. Litigants will save time and costs.
The SAC also approved the ‘Jammu and Kashmir Prohibition of Benami Property Transactions Bill, 2018’.
The Bill is a comprehensive law aimed at tackling Benami transactions in the State. The Bill provides for creation of the requisite administrative structure for enforcement of the law and empowers the Designated Authorities to attach and confiscate any property which is held to be Benami.
Panel provisions incorporated in the Act provide for imprisonment of persons found guilty of offence of Benami transactions which shall not be less than one year extendable to seven years, besides fine equivalent to 25% of the market value of the property can also be imposed.
The SAC also approved the ‘Jammu and Kashmir Governor’s Special Security Force Bill, 2018’’.
The Bill contains provisions related to the constitution and regulation of a separate security force in the State of Jammu and Kashmir for providing proximate security to the Governor, members of his immediate family and matters connected therewith.
The legal framework related to constitution and regulation of a separate security force in the State of Jammu and Kashmir for providing proximate security to the Chief Minister, members of his immediate family and other connected matters, is contained in the Jammu and Kashmir Special Security Group Act, 2000. There is no provision contained in the said Act related to matters, for providing proximate security to the Governor of State and his immediate family members. A need has been felt to have an effective mechanism in place for constitution and regulation of a separate security force in the State of Jammu and Kashmir for providing proximate security to the Governor and his family members.