Srinagar: The duration of Governor’s rule in Jammu and Kashmir is not going to affect MLAs elect in terms of time taken on government formation, Advocate General said Monday.
“Term of the newly elected legislators starts from the date he or she takes oath. If it is in February or March, the six-year term will expire in February or March 2021 respectively,” the Advocate General M I Qadri told Kashmir Reader.
With the issuance of proclamation by the Governor assuming upon himself all the functions of the government, the legislators are not currently entitled to Constituency Development Fund and other privileges including the monthly salary of Rs 90,000.
“Assembly is presently under suspended animation and as such MLA cannot undertake developmental works through CDF till the government is formed,” Qadri said.
However, as the 12th Assembly has been constituted by the State Law Department (vide SRO-636 on December 31, 2014), the MLAs can take up the issues of routine works with Administrative Secretaries, District Development Commissioners and Heads of Department (HoDs).
However, among the 87 elected members, four can still have access to the CDF as well as perks as they were members of the Legislative Council and have not given up their membership so far. They include Devender Singh Rana, Javed Rana, Abdul Majeed—all from National Conference—and People’s Democratic Party’s Mohammad Ashraf.
Besides them, Rajya Sabha member elected to the Assembly segment from Uri in north Kashmir, Mohammad Shafi Uri of NC can also utilize his last installment of MPLADS till February 12 when he along with three others including Ghulam Nabi Azad of Congress retire from the Rajya Sabha.
With imposition of Governor’s rule, the incumbent NN Vohra apart from ordinary course, by notification in the Official Gazette can provide grants in advance in respect of the estimated expenditure or grants in respect of supplementary or additional expenditure for the period during which this Proclamation is in force.
He has powers to order grants for meeting any expected demands and exceptional grants which do not form part of the current service of the financial year.
The state came under Governor’s rule on Friday last as PDP and BJP failed to stake claim either jointly or independently with support from others to form the government.