To exclude the Chief Minister’s newly-appointed political and planning advisors from the ‘office of profit’ as per the provision of the Punjab State Legislature (Prevention of Disqualification) Act-1952, Punjab Government has decided to table an amendment to the said legislation during the one-day Punjab Vidhan Sabha session on November 6.
Even as the Government has decided to convene a one-day special session to commemorate the 550th birth anniversary of Sikhism founder Gurur Nanak Dev, it is earlier believed that no legislative business would be conducted during the House proceedings.
The decision to amend the 1952 Act was taken by the Council of Ministers in its meeting on Friday to add the Advisors to the Chief Minister for planning and political matters to the office of profit for the purpose of exclusion from disqualification.
The Bill amending Section 2 of the Act will be presented in the forthcoming session of Punjab Vidhan Sabha, said the government spokesperson.
Notably, the State Cabinet had earlier decided to bring an Ordinance to exclude the Advisor (Political) to Chief Minister and Advisor (Planning) to Chief Minister from the ambit of ‘The Punjab State Legislature (Prevention of Disqualification) Act, 1952’, which failed reach the Governor’s office and bound to be lapse with the commencement of the Vidhan Sabha session.
Government official told The Pioneer that an ordinance has a life of six months. “This ordinance, which was passed by the Cabinet on September 20, could not get the Governor’s approval as it is yet to reach his office. And now as the Vidhan Sabha session is being held on November 6, all the ordinances, whether in process or passed, would lapse.
The day a session begins, the ordinance has to be replaced by a bill which should be passed by the House within 42 days (six weeks), else it lapses,” added the official.
With the unrest among the Congress’ elected representatives rising to another level, the Chief Minister decided to accommodate six MLAs as its advisors, allotting five of them with the Cabinet and one with the Minister of State ranks.
Now to add these posts to the list of posts that are not considered office of profit for the purpose of disqualification of MLAs, and with the concerned Ordinance set to be lapse, the Government is bringing an amendment to the Act so that the “MLAs, appointed in this category, shall not be disqualified”.
Notably, the Punjab State Legislature (Prevention of Disqualification) Act, 1952, had been enacted in terms of Article 191 of the Constitution of India, to declare certain offices of profit as not being eligible to disqualify the holders from being Members of the State Legislature.
“The said Act has undergone minor amendments from time-to-time. However, such amendments have not taken in account the complexity of modern day governance. Further, these amendments have not taken into account the reports and studies of various Parliamentary Committees which addressed the issue of office of profit. Therefore, there is a need to amend Section-2 of Punjab State Legislature (Prevention of Disqualification) Act, 1952,” the Cabinet felt.
It may be recalled that the State Government had appointed six advisors to the Chief Minister, a move which was described by the Opposition as an attempt to circumvent the constitutional cap on the cabinet size and “daylight robbery” of the state exchequer.
Four MLAs — Kushaldeep Singh Dhillon of Faridkot, Amarinder Singh Raja Warring of Gidderbaha, Sangat Singh Gilzian of Urmur and Inderbir Singh Bolaria of Amritsar South — had been designated as advisors (political) in the Cabinet rank.
Fatehgarh Sahib MLA Kuljit Singh Nagra, whom was also awarded Cabinet rank, had been designated as advisor (planning), along with Attari MLA Tarsem Singh DC who was given the rank of a Minister of State.
Nagra and Warring have already refused to accept the perks and facilities as per the Cabinet rank.
Already, an advocate Jagmohan Singh Bhatti had challenged the appointments in the Punjab and Haryana High Court arguing that the appointments of six MLAs was a violation of the provisions of the Constitution (91th amendment) Act, 2003, which stipulate that the strength of cabinet ministers could not exceed 15 percent of total strength of members of the House.
Only recently, the State Government had allotted offices to all the six advisors in the main civil secretariat, besides the staff.
PUNJAB TO SET UP CSR ADVISORY BOARD
To streamline various CSR activities and to create a neutral platform involving all stakeholders, Punjab Cabinet on Friday approved the constitution of Punjab Corporate Social Responsibility (CSR) Advisory Board under the chairmanship of the Chief Minister, as well as a CSR Authority under the Chief Secretary.
The Board and Authority would ensure systematic channelization of CSR funds into the most needed sectors and projects, according to the developmental priorities of the state, said a spokesperson of the Chief Minister’s Office.
The Board would be constituted under the chairmanship of the Chief Minister, with members including Health and Family Welfare Minister, Finance Minister, Industries and Commerce Minister, Chief Secretary, Administrative Secretaries of Industries and Commerce and Finance departments, Industries and Commerce director, besides maximum five representatives or experts from industry to be nominated by the chairman.
It has also been decided that the Board may co-opt any other Minister or officer, if necessary, as its members, with the Chief Minister authorised to take a decision in the matter.
The Board would meet twice a year to review the CSR activities in the state, besides providing requisite guidance and advice to the Punjab CSR Authority for taking up appropriate CSR projects in the state.
The Punjab CSR Authority would consist of the Chief Secretary as its chairman, with Administrative Secretaries Industries and Commerce along with Finance as its members, besides Chief Executive Officer (full time professional) as Member Secretary.
CII Punjab Chapter chairman, FICCI Punjab Chapter chairman, PHD Chamber chairman, ASSOCHAM Punjab Chapter chairman and any other institution or individual as decided by the Authority or the Government would be invitees. The Authority may also co-opt any other officers as may be necessary as its Members.
ORDINANCE TO ENHANCE SC PANEL CHAIRPERSON AGE LIMIT
Cabinet also approved the presentation of the Punjab State Commission for Scheduled Castes (Amendment) Ordinance-2019 in the ensuing session of Punjab Vidhan Sabha for enactment which would pave way to enhance the age limit from existing 70 to 72 years for appointment as chairperson of the Commission. This would also allow more experienced persons to be appointed as chairperson of the SC Commission for ensuring effective implementation of laws meant for protecting and safeguarding the interests of the SC Commission belonging to the Punjab state.
MECHANISM TO REGULATING FEE OF UNAIDED EDUCATIONAL INSTITUTIONS
To provide a mechanism for regulating the fee of unaided educational institutions in the state, the Cabinet has given its approval to amend the Punjab Regulation of Fee of Unaided Educational Institutions Act, 2016, through presentation of a Bill in the Vidhan Sabha for its conversion into Act.
The amendment will also protect the interests of the unfortunate students whose earning family members die during their study in unaided educational institutions, as no fee will be charged from them till the completion of their studies.
Further, to expedite the disposals and reduce the inconvenience caused by the complainants, the Regulatory Body constituted under the said Act is proposed to be reconstituted at the district level rather than the divisional level.