SRINAGAR: Recommending revocation of SRO-105 under which non state subjects could participate in bidding, in minning, Legislative Assembly (LA) House committee in its report said it was in gross violation of Jammu and Kashmir Constitution.
The 13 Member House committee, headed by Mohammad Akbar Lone, was set up by speaker Kavinder Gupta after Members, cutting across party lines, demanded revocation of the SRO, alleging that it will help the non state subject contractor, particularly from Punjab, as local contractor cannot complete with them because of high security deposits.
The report was presented in the House by Mr Lone today immediately after the Question-Hour was over. The SRO issued during Governor rule in the state after the death of chief Minister Mufti Mohammad Sayeed, was a gross violation of Constitution of Jammu and Kashmir, Jammu and Kashmir Land Alienation Act, State Subject Act, Jammu and Kashmir Transfer of Property Act and Jammu and Kashmir Land Grants Act and the rules.
The prohibition is reinforced by Irshad dated 29 Maghar, 1943, the report said. It further said that an important dimension of the State Subject Order 1927, Section (6)Constitution of Jammu and Kashmir, Articles 35-A and 370 Constitution of India and State Land Laws is exclusive rights of Permanent Residence over the immovable property and all rights and interests arising out of the attached immovable property with the territory of Jammu and Kashmir State.
The eight page report in English said Section 4 Alienation of Land Act, 1938 AD prohibits transfer of land in favour of Non State Subjects and prohibition is reinforced by Irshad dated 29 Maghar 1943.
Grant of mineral concession like mining lease, mining licence, quarry licence, Short Term Permit and Disposable Permit is to involve transfer of interest of immovable property and therefore would fall within the ambit of Section 4 of the Act.
The committee recommended that J&K Minor Mineral Concesssion, Storage, Transportation of Minerals and Prevention of illegal mining Ruls 2016 issued under SRP-105 dated March 31, 2016 be revoked.
However, the report said that in exercise of powers under Section 15 read with Section 23(c) The Mine and Minerals (Development) act 1957, new Rule be framed after due consultation with all stakeholders, replacing the Jammu and Kashmir Minor Mineral Concession Rules, 1962 issued vide SRO 58 on April 10,1962.(Agencies)
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