Guv delegates ministerial powers to CS, admin secretaries

Srinagar: For prompt and smooth conduct of government, Governor NN Vohra on Monday delegated to Chief Secretary and administrative secretaries powers otherwise exercised by ministers when state legislature is functional.
According to the SRO (7) notification issued Monday, the administrative secretaries of all departments shall exercise the powers of ministers in respect of administrative and financial matters of their departments. Special powers have also been conferred on the Principal Secretary, Planning and Development, Principal Secretary Finance and some other departments to ensure speedy disposal of department specific issues.
The administrative and financial powers not delegated to the administrative secretaries shall be exercised by the Chief Secretary, an official spokesman said.
The cases to be submitted to the Governor for approval shall also be submitted through the Chief Secretary, it said.
“All other powers, not specifically delegated to the Chief Secretary or the administrative Secretaries, shall be exercised by the Governor,” the spokesman said.
As per the SRO issued in pursuance of section 2 of the Jammu and Kashmir Delegation of Powers Act, 2015, the officers have been bifurcated into three categories—Schedule-I and II while the remaining pertains to the any case not specifically mentioned in two categories.
As per Schedule-I, the Chief Secretary can exercise powers in cases relating to accord of administrative approval to all kinds of works, projects under plan or non-plan costing over Rs 7.50 crore upto Rs 20 crore with the concurrence of Planning and Finance Department.
The highest officer of the state also has powers for funds authorization in cases under Centrally Sponsored Schemes, Central Mega Flagship Schemes, TFC grants and Plan Schemes having financial implication above Rs. 50 crore in each case.
The Chief Secretary can also exercise command in cases where administrative and financial powers have been delegated in various codes or manuals in favour of all departments as well as cases where administrative and financial powers have been delegated but competent authority(s) have not been specified with prior concurrence of Finance Department.
The Chief Secretary can also order opening of treasuries, sub-treasuries with the concurrence of Finance Department and can exercise power in cases of exemption under GST, Entry Tax and Toll Tax.
The Chief Secretary can also order new vehicles purchase, otherwise than under replacement, with prior concurrence of Finance Department subject to availability of purpose-specific provision.
Besides finance, the Chief Secretary can order transfers and postings/adjustments upto to the level of Time Scale KAS officers and equivalent.
The Chief Secretary can also sanction deputation of officers of the level of Secretaries and above or equivalent for Government Business, trainings outside the state but within the Country.
He can also grant relaxation in cases under Medical Attendance-Cum-Allowance Rules; relaxation in age or qualification for regularization of daily rated workers and condonation of breaks in qualifying services for regularization in accordance with the provisions of SRO 64 of 1994 within the numbers registered with Finance Department.
Regarding recruitment Rules, the Chief Secretary can approve formulation of departmental Recruitment Rules (Gazetted/Non-Gazetted) after these have been cleared by the designated departments –PSC, ARI, Trainings and Law Department.
The officer can also sanction all type of leave to officers of the level of Secretaries and above. The Chief Secretary can also accord approval to voluntary retirement and acceptance of resignation of Government Employees in accordance with the Rules.
Besides, the Chief Secretary can command appointments of Non-gazetted staff of subordinate departments on the recommendations of Services Selection Board.
Regarding Administrative Secretaries, the SRO states that they can accord administrative approval in respect of individual works costing upto Rs. 7.50 crore as per Book of Financial Powers.
They can release of funds (scheme/object wise) authorized by Finance Department and Planning and Development Department in favour of the Departments under their administrative control.
They can sanction advance drawls upto Rs. 25 lakh with the concurrence of the FA/CAO.
They can exercise DDO Powers in respect of officers of the Departments under their administrative control with the concurrence of the FA/CAO.
They have also powers of all advance drawal cases beyond an amount of Rs. 25 lacs with and issuance of Government Guarantees with the concurrence of Finance Department.
They can sanction deputations outside the State besides finalize the pension cases in accordance with the Rules.
They can sanction deputation of officers, officials under their administrative control in connection with Government business, conferences, trainings etc outside the State but within the country.
They can sanction all types of leaves in accordance with rules in favour of the officers of the Departments under their administrative control; demand Certificates on account of House Building/Scooter/Car advance to the employees retiring on superannuation; grant NOC for obtaining passport, making an application for seeking employment elsewhere; authorize the medical treatment outside the State in cases covered under Medical Attendance Cum Allowance Rules working in the Subordinate Departments; accord sanction for withdrawal of G. P. Fund in accordance with Rules and order transfers or postings of officers in Gazetted service carrying the pay scale of that of an undersecretary/assistant executive engineer and equivalent excluding premature transfers, which cases shall be referred to the chief secretary for approval.
They can order Constitution of Survey, auction committee and condemnation of Vehicles etc.
They also can impose minor punishments in accordance with the provisions of J&K Civil Services (Classification, Control and Appeal) Rules.
They have been also empowered to deal with cases relating to reinstatement of suspendees and settlement of their period of suspension by departments upto the level of officers/officials they are competent to appoint.
The SRO empowers administrative secretary General Administration Department to sanction pension covered under rules in respect of IAS Officers and other officers and officials subordinate to GAD; To sanction all types of leaves in favour of officers upto the level of Special Secretaries; to make transfers, postings, adjustments of Under Secretaries, Administrative Officers of J&K Administrative Officers (Gazetted) Service and Private Secretaries and equivalent Level Officers; to approve officiating promotion of eligible Under Secretaries, Administrative Officers and Private Secretaries for a period not exceeding six months pending regularization with the concurrence of PSC; to sanction deputation of officers up to the level of Special Secretaries or equivalent for Government Business/trainings outside the State but within the Country; to authorize the medical treatment outside the State covered under Medical Attendance Cum Allowance Rules; to impose minor punishment in accordance with the provisions of
J&K CCA Rules; to release revenue and capital component of funds in favour of subordinate offices within the approved budgetary provisions duly authorized by the Finance and Planning Department; to decide cases regarding compulsory waiting of officers up to the level of Special Secretaries and equivalent; To approve payments to the standing counsels of GAD as per rates approved by the Law Department; release of funds in favour of Administrative Departments of Civil Secretariat as authorized by the Finance Department/Planning & Development Department; powers to make appointments on non-Gazetted posts on the recommendations of J&K Services Selection Board ; Powers to make Compassionate Appointments covered under SRO-43, Inter-departmental transfers/deputation of Non-Gazetted Government/PSU employees and sanction advance drawals upto Rs. 25 lacs with the concurrence of the Financial Advisor/Chief Accounts Officer.

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