Police, All-India Services, ACB under LG in Kashmir, accrding to rules

Police, All India Services and Anti-Corruption Bureau in Jammu and Kashmir will be under the direct control of the Lieutenant Governor, according to the rules framed for the smooth functioning of the union territory.

The Ministry of Home Affairs (MHA) notified the Transaction of Business of the Government of Union territory of Jammu and Kashmir Rules, 2019 on Thursday, which also said the LG will refer any matter to the Centre if there is a difference of opinion between the LG and the Council of Ministers. The President will take a decision on the issue and it will be binding.

As per the Rules, there will be 39 departments in the Union Territory, including agriculture, school education, higher education, horticulture, floriculture, general administration, home, mining, power, PWD, transport and tribal affairs.

"The Lieutenant Governor, may by standing orders in writing, regulate the transaction and disposal of the business relating to his executive functions... Provided further that the Lieutenant Governor shall in respect of matters connected with 'public order', 'police', ‘All India Services’ and ‘Anti Corruption Bureau’ exercise his executive functions in his discretion under the Act," it said.

In respect of matters connected with public order, police and IPS Officers, it should be submitted to the LG by the Principal Secretary (Home) through the Chief Secretary. Similarly, matters connected with All India Services Officers (IAS, and IFS) and ACB, should be submitted to the LG by the Commissioner or Secretary (General Administration Department) through the Chief Secretary.

On the functioning of the government, it said the LG will allot the business of the government among the ministers by assigning one or more departments to a minister following the advice of the Chief Minister.

"The Council shall be collectively responsible for all the executive orders issued by any Department in the name of the Lieutenant Governor and contracts made in the name of the
President in connection with the administration of the Union territory...," it said.

All communications received from the Centre, including those from the Prime Minister and other Ministers, other than those of a routine or unimportant character, shall, as soon as possible after their receipt, be submitted by the secretary to the chief secretary, the minister in-charge, the chief minister and the LG for information.

In case of difference of opinion between the LG and the Council of Ministers, the former Lieutenant Governor should refer it to the Centre for the decision of the President. When a matter is referred to the Centre, all action regarding the matter should be suspended pending the decision of the President.

On difference of opinion between the LG and a minister, the former shall endeavour by discussion within two weeks from the date of such disagreement to settle any point on which the difference of opinion has arisen. If the differences persist, the LG may direct that the matter be referred to the council, which shall consider it at its next scheduled meeting and convey its decision, but not later than 15 days from the date of such reference.

In case no such decision is received within 15 days from the date of such reference, the LG's decision shall be deemed to have been accepted by the council of ministers.

In case of a difference of opinion between the LG and the council with regard to any matter, the former shall refer it to the Centre for the decision of the president and shall act according to that decision, the notification said.