Excelsior
daily
Vol No. 55
Deemed to have ceased to hold office of Speaker w.e.f. Oct 31, 2019
Nirmal Singh is no more
Speaker of Legislative Assembly
Neeraj Rohmetra
JAMMU, Nov 16: Putting
all speculations and confu-
sions to rest, the Government
of Jammu and Kashmir has
made it clear that Dr Nirmal
Singh was no more Speaker of
the Legislative Assembly after
re-organization of the State
into Union Territories of J&K
and Ladakh with effect from
October 31, 2019.
Dr Nirmal Singh, Speaker of
the Legislative Assembly of the
erstwhile State of Jammu and
Kashmir shall be deemed to
have ceased to hold the office of
Speaker of the erstwhile State of
J&K with effect from 31st
October, 2019, says the notifica-
tion, issued today by the
Department of Law, Justice and
Parliamentary Affairs, J&K
Government.
The said notification was
issued after the matter was thor-
oughly examined by the
Department in consultation with
the Advocate General of the
Union Territory of Jammu and
Kashmir.
"The legal position, which
has emerged is that the Speaker
CEO issues revision
schedule of Panchayat
Electoral Roll-2019
Excelsior Correspondent
JAMMU, Nov 16: Chief
Electoral Officer, Shailendra
Kumar, who is Election
Authority under J&K
Panchayati Raj Act 1989, today
issued annual revision schedule
of Panchayat Electoral Roll-
2019 with January 1, 2020 as
eligible date for inclusion.
(Contd on page 6 Col 5)
NH re-opened,
stranded vehicles
cleared
Excelsior Correspondent
JAMMU, Nov 16: The
Jammu-Srinagar National
Highway was reopened for traffic
after third day this afternoon while
all the stranded passenger vehicles
have been cleared.
IGP Traffic, J&K Alok
Kumar said that all the light motor
vehicles stranded in Ramban and
(Contd on page 6 Col 5)
Sena not to attend
NDA meeting
MUMBAI, Nov 16:
The Shiv Sena, which is hold-
ing talks with the Congress and
NCP for Government formation
in Maharashtra, said today that it
would not attend a meeting of
NDA constituents on the eve of
the winter session of Parliament.
Sena leader Sanjay Raut also
said that formal severance of ties
with the BJP-led National
Democratic Alliance was now
only a formality.
(Contd on page 6 Col 3)
Board exam timing
changed to 1 pm
Excelsior Correspondent
JAMMU, Nov 16: The timing
of ongoing Board examination of
Class 12th and Class 11th annual
regular Session-2019 in Kashmir
division has been changed from
12:30 pm to 1 pm in view of the
commencement of 8th standard
examinations.
The new timing will be effec-
tive from November 18, 2019.
10 concrete structures demolished,
200 kanals Forest land retrieved
Major crack down
by Forest Deptt,
Police in Sidhra
Gopal Sharma
JAMMU, Nov 16: In a
major crack down in Dwara
area of Sidhra, just adjoining
Golf Course at the bank of river
Tawi, the Forest Department
staff and Police along with
Revenue officials today
retrieved over 200 kanals of for-
est land and demolished 10
Pucca structures using JCBs.
No. 317
*Govt issues notification
of the Legislative Assembly of
the erstwhile State of J&K can-
not hold the said office after the
re-organization of the State into
the Union Territory of J&K and
Union Territory of Ladakh with
effect from 31-10-2019," read
the notification.
Pertinent to mention that
former Deputy Chief Minister
and then MLA Billawar, Dr
Nirmal Singh was elected as
Speaker of the Legislative
Assembly of erstwhile J&K
State on May 10,2018. He was
appointed Speaker under
Section 57 of the Constitution
of Jammu and Kashmir.
Even after dissolution of the
CS J&K, Ladakh to submit report
HC seeks report on alternative
to erstwhile Commissions
Excelsior Correspondent
SRINAGAR, Nov 16: With
the winding up of various com-
missions after implementation
of J&K Re-Organization Act
2019, the High Court directed
the Government to inform it
about the steps taken for alter-
nate to these Commissions and
District Forums for both Union
Territories of J&K and Ladakh
in order to settle the pending
cases.
Hearing the petition with refer-
ence to effective functioning of the
erstwhile State Consumer
Disputes Redressal Commission,
the Division Bench of Justice Ali
Mohammad Magrey and Justice
Tashi Rabstan directed the Chief
Secretaries of both UTs to apprise
the court about the steps taken for
providing the State Commission
and District Forums for both the
More than 80,000 students appear
in Class-8th annual exam
99 per cent attendance recorded: Officials
Irfan Tramboo
SRINAGAR, Nov 16: After
the students of Class 10th and
12th appeared in their annual
examinations, more than 80000
Class 8th students while braving
cold today appeared in their
annual examination conducted
by the State Institute of
Education (SIE) in more than
900 centres set-up across
Kashmir division.
Principal SIE, Mehboob
Hussain told Excelsior that 84,641
students appeared in the examina-
tion at 978 centres set-up across
Kashmir in various private and
Government schools. Previously,
for annual examination of Class
10th, 65,000 students showed their
appearance across 413 exam cen-
tres, while as for Class 12th exami-
nation 48000 students showed their
presence across 433 exam centres.
A Forest JCB demolishing concrete illegal the area when the
structure raised by land grabbers at Dwara in officials landed the
Sidhra area of Jammu on Saturday.
—Excelsior/Rakesh two JCBs and
Official sources said that
Forest Department in a joint oper-
JAMMU, SUNDAY, NOVEMBER 17, 2019
Legislative Assembly by then
Governor N N Vohra on November
21, 2018, Dr Nirmal Singh contin-
ued as the Speaker in terms of
Section 58 of the Constitution of
Jammu and Kashmir.
After enactment of the
Jammu and Kashmir Re-organi-
zation Act, 2019, with effect
from October 31, 2019, the
appointment of Speaker of the
Legislative Assembly and all
other matters related to the
Legislative Assembly of the
Union Territory of Jammu and
Kashmir are governed by
Section 17 to 26 of the said Act.
However, the President of
India, while exercising his pow-
ers under Section 73 of the
Jammu and Kashmir Re-organi-
zation Act, 2019, has, vide
Order made under S.O. No.
3937, dated 31st October, 2019
suspended the provisions of
Section 17 to 26 of the said Act
relating to Legislative
Assembly, including the
appointment of Speaker and his
continuation in office.
(Contd on page 6 Col 1)
UTs for disposal of the pending
complaints and appeals in these
Commissions and Forms within
one week.
The direction followed after
the counsel appearing for General
Administration Department
apprised the court that in-terms of
the decision of the Government on
October 23, the State Consumer
Disputes Redressal (SCDRC)
Commission and District
Consumer Forums stands closed
in the winding up process as a con-
sequence to implementation of
J&K Re-Organization Act 2019.
On the other hand amicus
appointed to the PIL informed the
court that large number of con-
sumer disputes which were pend-
ing disposal before the Redressal
Commission and District Forums
of J&K and Ladakh were trans-
ferred to the Consumer
Department. He further added that
The officials said that the prop-
er arrangements were made in
order to facilitate the smooth con-
duct of the examination across
Valley. The examination began 10
am in the morning and ended at 12:
30 p.m. The first paper, Science,
was scheduled to be held on
November 11; however, same was
postponed due to the heavy snow-
fall ahead of it.
With regard to the attendance
of the students appearing in the
examinations, Mehboob said that
99 per cent attendance was
recorded in the examinations.
Previously, almost the same atten-
dance for the Class 10th and 12th
was witnessed. “The attendance
was exceptional and the credit
goes to students for showing up
for their exams; we did everything
to facilitate the smooth conduct of
exam,” he said.
While the authorities said that
ation launched this
morning at village
Dwara, in
Compartment No.
65/B of Bahu
Range, under
Jammu Forest
Division, demol-
ished 10 illegal
structures. There
was stiff resistance
from the locals of
locality along with
police.
(Contd on page 6 Col 5)
ED attaches property of 2 HM commanders
5 OGWs of Hizb
arrested in Sopore
Fayaz Bukhari
SRINAGAR, Nov 16:
Security forces today arrested
five Over Ground Workers
(OGWs) of Hizbul
Mujahideen from Sopore area
of North Kashmir while
Enforcement Directorate
attached properties of
Pakistan based commanders
of the outfit in South Kashmir.
Security forces arrested five
OGWs of HMfrom Sopore area
of North Kashmir's Baramulla
district today after receiving
specific information about their
movement in the area.
Army's 22 RR, CRPF and
Sopore Police today laid a naka
at Bus Stand in Sopore area of
Baramulla district and arrested
three OGWs - Hilal Ahmad Mir
son of Mohammad Hamza Mir
resident of Brat Kalan Sopore,
Sahil Nazir Mir son of Nazir
Ahmad Mir resident of Brat
Kalan Sopore and Peerzada
Mohammad Zahir son of Bashir
Ahmad Shah resident of Chak
Brat Sopore of Hizbul
Mujahideen.
Threatening posters were
recovered from their possesion
by the security forces. A police
official said that they were
it is in-terms of Table-3 of J&K
Re-Organization Act, the
Consumer Protection Act stands
repealed and in terms of the sched-
ule fifth, the Central Consumer
Protection Act came to be applica-
ble to both the UTs.
It is under the Government
order on October 23, the sanction
was accorded to the winding up of
SCDRC with effect from October
31( the appointed date for the for-
mation of the erstwhile J&K State
into two UTs) and all the staff
posted in the commission was
asked to report to their concerned
administrative departments for
their repatriation to their respec-
tive departments with immediate
effect. “All records pertaining to
the J&K SCDRC be transferred to
the Department of FCS&CA for
records”, read the Government
order.
(Contd on page 6 Col 5)
the arrangements were put in place,
the students complained that no
substantial heating arrangements
were made inside the examination
halls, making them face difficulties
in writing the paper. The students
were up early in the morning and
were seen marching towards their
respective exam centres being
accompanied by their parents.
“While many of friends said that
proper heating arrangements were
made, there were few schools in
Srinagar where the students were
literally freezing due to cold,” a stu-
dent said.
Parents of the students also said
that the authorities could have
changed the timing of the examina-
tion and instead of morning, they
could have conducted it around
noon, “particularly, for Class 8th
students, the authorities could have
changed the exam timing as they
were freezing,” a parent said.
involved in threatening shop-
keepers, businessmen in the area
and asking them not to open
their shops and operate their
businesses. He said that they
were wanted by police and case
(FIR 266/2019 dated 16-11-
2019) was registered against
them and investigations are
going on.
Another naka was laid by
Army's 22 RR, CRPF and
Sopore Police at Bypass
Crossing in Sopore area of
Baramulla district and two
OGWs were arrested. They have
been identified as Ulfat Bashir
Mir son of Bashir Ahmad Mir
resident of Nowpora Jageer
Sopore and Ajaz Ahmad Bhat
son of Mohammad Subhan Bhat
of Darpora Bomai Sopore.
Two hand grenades were
recovered from them. A case
(FIR 280/2019 dated 16-11-
2019) was registered and inves-
tigations are going on.
In the meantime,
Enforcement Directorate today
attached immovable properties
of two top Pakistan based com-
manders of Hizbul Mujahideen
in Pahalgam area of South
Kashmir's Anantnag district.
A team of ED accompanied
(Contd on page 6 Col 5)
Back to Village
Programme likely
from Nov 25
Excelsior Correspondent
JAMMU, Nov 16: The part
two of J&K Government’s
ambitious programme ‘Back to
Village’ is likely to be held from
November 25 to 30.
The Part II is follow up to
the ‘Back to Village’
Programme Part One, which
was held on June 20-27 this
year for collecting feedback on
delivery of Government
schemes and programmes in
villages across Jammu and
Kashmir.
According to Commissioner/
Secretary RDD and Panchayati
Raj, Sheetal Nanda, main focus of
the Back to Village Programme
Part II is to energise Panchayat
functionaries, getting feedback on
general public service delivery
system, implementation of
Government schemes, capturing
specific economic potential and
undertaking assessment of needs
of villages.
(Contd on page 6 Col 2)
Change Rule in the light of DoPT Office Memorandum
Amend SRO-202, it's sword of Damocles
hanging high on heads of employees: LC
*Says concept of
justice, equality
remains casualty
Mohinder Verma
JAMMU, Nov 16: In a major
employees friendly suggestion,
the Law Commission headed by
Justice (Retd) M K Hanjura has
recommended amendment in
SRO-202 issued by the General
Administration Department
whereby probation of five years
has been fixed for declaring the
employees as permanent and
dubbed the notification as clear
violation of the concept of justice
and equality. Moreover, it has
laid stress on bringing the rele-
vant rule in line with the Office
Memorandum of the
REGD. NO. JK-71/18-20
RNI No. 28547/65
Decision likely soon
Lt Governor in consultation with
MHA over portfolios to Advisors
Nishikant Khajuria
JAMMU, Nov 16: Even
after two days since the
appointment of new Advisors
to the Lieutenant Governor of
the Jammu and Kashmir
Union Territory, the allot-
ment of portfolios to them is
yet to be made as the Union
Ministry of Home Affairs has
to take a call on the same.
Official sources told the
Excelsior that Lieutenant
Governor Girish Chandra
Murmu was in touch with the
Union Home Ministry for early
distribution of portfolios to his
two Advisors K K Sharma and
Farooq Khan, whose appoint-
ment was made on last
Thursday.
The MHA is learnt to have
received the proposal from the
Lieutenant Governor and deci-
sion is likely to be taken very
soon on the distribution of port-
folios to the Advisors, sources
added.
Under the provisions con-
tained in Article 239A of the
Indian Constituion, applicable
to J&K Re-organizaton Act, the
Lieutenant Governor of J&K
can recommend to Union Home
Ministry for allotment of port-
‘Azad's charges baseless’
Cong leaders deliberately neglected
Bhaderwah: Dr Jitendra Singh
Avtar Bhat
JAMMU, Nov 16 :
Making a scathing attack on
Congress, Union Minister in
PMO with Independent
charge of North Eastern
States, Dr Jitendra Singh
today accused the party of
deliberately neglecting
Bhaderwah during its six
decades rule at the Centre
and in the State.
Addressing a gathering
after the inauguration and lay-
*Watch video on
www.excelsiornews.com
ing foundation stone of a series
of Centrally funded road,
bridges and building projects in
Bhaderwah tehsil of Doda dis-
trict today, Dr Singh outrightly
rejected the charges of
Congress leader and former
Department of Personnel and
Training (DoPT) of Government
of India.
The SRO-202 was issued by
the General Administration
Department vide Notification dated
June 30, 2015 running under the
inscription Jammu and Kashmir
Special Recruitment Rules, 2015.
This SRO received wide-spread
criticism across the erstwhile State
of Jammu and Kashmir and till
today associations of the employ-
ees have been agitating and seeking
its revocation.
Rule 8, which deals with
nature of appointment, states:
"A person appointed under these
Rules shall be initially on proba-
tion for a period of five years and
after completion of five years he
or she shall be declared perma-
nent subject to passing of such
tests or successfully undergoing
such training provided under the
16+4 (Magazine)=20 Pages ` 5.00
folios to his Advisors for
assisting him in effective dis-
while State of Jammu and
Kashmir, Satya Pal Malik. The
charge of duties. other three Advisors were K
Pertinent to mention that Vijay Kumar, K Skandan and
under the Re-organization Act Khurshid Ahmed Ganai.
2019, which came into effect on However, following bifurca-
October 31, 2019, the provi- tion of State into two Union
sions contained in Article 239A Territories, the Ministry of
of the Indian Constitution, Home Affairs decided to
which are applicable to the appoint only two Advisors to
Union Territory of Puducherry, the Lieutenant Governor of
are applying to the Union J&K Union Territory.
Territory of Jammu and K K Sharma, a 1983-batch
Kashmir. IAS officer of the Arunachal
Under these provisions of Pradesh, Goa and Mizoram
Article 239A, Union Home Union Territories (AGMUT)
Ministry, in consultation with cadre, belongs to Billawar
the Lieutenant Governor, town of Kathua while Farooq
issues order for distribution Khan, prior to his appointment
of portfolios to the Advisors, as Advisor to former
unlike the time of erstwhile Governor, was Administrator
State of J&K where the of Union Territory of
Governor was empowered to Lakshadweep.
appoint his Advisors and allot After his retirement from the
them portfolios. services as Inspector General of
As already reported, former Police, Farooq Khan had joined
bureaucrat K K Sharma and the Bharatiya Janata Party and
retired IPS officer Farooq Khan had been appointed as its nation-
were appointed as the Advisors al secretary before being desig-
to the Lieutenant Governor of nated as Administrator of the UT
the Union Territory of Jammu of Lakshadweep.
and Kashmir Girish Chandra The allotment of portfolios
Murmu on last Thursday. to the Advisors is likely to fur-
Both Sharma and Khan ther speed up administrative
were among five Advisors to decisions for good governance
former Governor of the erst- in Jammu and Kashmir.
Chief Minister, Ghulam Nabi Azad for misleading public by
Azad that there is a slow pacehis baseless statements, Dr
of development in Doda district
Jitendra Singh said every thing
as well as Union Territory of is visible on ground. He said
J&K. He while turning tables unlike past, no part of the erst-
on Congress alleged that while J&K State was discrimi-
nated by Modi Government as
has been a complaint earlier by
the people from different
regions. ``We believed in
Sabka Sath, Sabka Vikas and
Sabka Vishwas the Mantra of
Prime Minister, Narendra
Modi'', he added.
He said it is an irony that
several prominent Congress
leaders, who hailed from
Bhaderwah and erstwhile
Doda district and remained
Union Minister and even
Chief Minister for decades
Bhaderwah was deliberately together, are now shedding
neglected by its own Congress crocodile tears over the
leaders. alleged lack of development
Hitting out at Ghulam Nabi
(Contd on page 6 Col 3)
Jammu and Kashmir Civil disproportionate, supernatural,
Services (Classification, Control plethoric and limitless when test-
and Appeal) Rules, 1956". ed on the touchstone of the Office
This Rule further read: "The Memorandum of Department of
appointee shall have to necessarily Personnel and Training of
work for a period of five years on Government of India issued on
the post against which he has been July 21, 2014. "The period of
appointed and such appointee shall probation for direct recruitment
not be eligible for transfer for what- to the non-gazetted posts has to
soever reason during the temporary keep pace, tranquility and affini-
service of five years". ty with Rule 3(i) of the Office
Rule 9 states: During the period Memorandum of the DoPT", the
of first five years, the appointee Law Commission has mentioned
shall be entitled to the minimum in the report submitted to the
scale of the pay along with the Chief Secretary BVR
grade pay applicable to the post Subrahmanyam.
against which he is appointed. "An employee cannot be asked
"Every appointee shall after com- to wend a tortuous journey totter-
pletion of five years period on pro- ing or rather doddering his/her way
bation shall be entitled to fixation of to register claim for the completion
pay in the time scale of pay applica- of the period of probation after a
ble to the post against which he is great deal and lull of five years.
appointed". The SRO has the evil effect of
The Law Commission has keeping the fate of the employees
found the period of five years as (Contd on page 6 Col 1)