As the Budget session of J&K Assembly is starting from March 3, Jammu and Kashmir’s department of Law, Justice, and Parliamentary Affairs has directed officials to submit proposals, which require recommendation of the Lieutenant Governor (LG) under section 36 of the Jammu and Kashmir Reorganisation Act, 2019, well in advance to LG’s Secretariat.

In a circular issued here, the Law department has said that it was necessary that “draft Bills and other legislative proposals, which are intended to be introduced in the ensuing Budget Session and require legal vetting, ought to be referred to this department much before commencing of the Budget Session from March 3.
“Under section 36 of Jammu and Kashmir Reorganisation Act, 2019, a Bill or amendment shall not be introduced into, or moved in, the Legislative Assembly except on the recommendation of the Lieutenant Governor, if such Bill or amendment makes provision for any of the following matters, ” the imposition, abolition, remission, alteration or regulation of any tax; the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Union territory; the appropriation of moneys out of the Consolidated Fund of the Union territory; the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the Union territory or the increasing of the amount of any such expenditure; the receipt of money on account of the Consolidated Fund of the Union territory or the public account of the Union territory or the custody or issue of such money or the audit of the account of the Union territory, provided that no recommendation shall be required under this subsection for the moving of an amendment making provision for the reduction or abolition of any tax,” reads the circular.
Section 36 of the Act further states that, ” A Bill or Amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of Union territory shall not be passed by the Legislative Assembly of the Union territory.”
The Law department order has drawn attention of all departments towards “part-C of the Transaction of the Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 which deal with the procedure for dealing with proposals for initiating legislation and consultation of the Department of Law, Justice and Parliamentary Affairs.
“In some Acts, the rule making provisions require that the rules and notifications issued thereunder are to be laid before the Legislative Assembly of Union Territory of Jammu and Kashmir. The departments are requested to ensure that such rules/ notifications, if any, issued under the Acts administered by the respective departments, are laid before the Legislative Assembly during the Budget Session to fulfill the requirements of law,” adds the circular.
All the Financial Commissioners (Additional Chief Secretaries)/ Principal Secretaries/ Commissioners/ Secretaries to the Government were directed to ensure that the prescribed procedure for dealing with the Questions and other legislative business is strictly observed.