Updated: Saturday December 27, 2014/AsSabt
Rabi' Awwal 06, 1436/Sanivara
Pausa 06, 1936, at 09:35:59 PM
The
Act No. XIII
of 2014
Dated: 03-04-2014
No.
LD/Legis-Act/251-63/2014 The following Act of Assembly received the assent of
the President on the 1st day of April, 2014, is hereby published for general
information.
An
Act to
provide law for the establishment of Jammu & Kashmir Liberation Cell.
Whereas,
it is expedient and necessary to provide law for the establishment of Jammu
& Kashmir Liberation Cell for the purposes hereinafter appearing:---
It
is hereby enacted as follows:---
1. Short title, Extent and Commencement.- (1) This Act may be called the
(2)
It shall extend to the whole of Azad Jammu and
(3)
It shall come into force at once and shall be deemed to have taken effect from
05.03.2014.
2. Definitions.- In this Act, unless there is anything
repugnant in the subject or context, the following expressions shall have the
meanings as hereby respectively assigned to them:---
a) ”Accountant
General” means the Accountant General of Azad Jammu and
b) ”Board”
means the Board constituted under Section 4;
c) “Cell”
means the Jammu & Kashmir Liberation Cell established under Section 3;
d) “Chairman”
means the Chairman of the Board;
e) “Fund”
means the fund of the Cell;
f) “Government”
means the Azad Government of the State of
g) “Member”
means the member of the Board;
h) “Act”
means the Jammu & Kashmir Liberation Cell Act, 2014;
i) “Prescribed”
means prescribed by rules and regulations made under the Act;
j) “Regulations”
means the regulations framed under the Act;
k) “Rules”
means the rules made under this Act;
l) “Secretary”
means the Secretary of the Cell;
m) “Vice
Chairman” means the Vice-Chairman of the Board designated by the Chairman under
Section 4.
3. Establishment of the Cell.- (1) There shall be established a Cell to be
known as Jammu & Kashmir Liberation Cell for carrying out the purposes of
the Act, namely:---
a) to
project
b) to
take steps for accession of the State of
c) to
arrange publication of history of the State of Jammu & Kashmir Liberation
Movement;
d) to
project Human Rights violations in Indian held
e) to
work as a think tank on the cause of liberation of Indian occupied part
of state of Jammu and Kashmir and formulate policies on matters regarding the
issue; and
f) to
undertake such other matters as may be assigned to Cell by the Government.
(2) The
assets and liabilities of Kashmir Liberation Cell created under Government
Order No. Admin/H-11(68)/B/1/87 dated 09-05-1987 shall, on commencement of the
Act, stand transferred to the Cell established under the Act.
(3) In
the performance of its functions, the Cell shall be an autonomous body
competent to acquire, hold and dispose of property with perpetual
succession and common seal and, by the said name, sue and be sued.
(4) The
main office of the Cell shall be at Muzaffarabad. It may however, with the
approval of Government, establish its offices within or outside Azad Jammu and
4. Constitution of Board.-(1)The Board shall be a policy making body
of the Cell and all executive powers of the Cell shall vest in the board which
may be exercised by the Chairman himself or by any other person authorized by
him in this behalf.
(2) The
board shall consist of the following:---
(a)
Prime Minister, GoAJK Chairman
(b)
A member of Legislative Assembly of Azad Jammu & Kashmir to be
nominated by the Chairman Vice-Chairman
(c)
Chief Secretary,
GoAJK Member
(d) Secretary
S&GAD
Member
(e) Secretary
Finance, GoAJK Member
(f)
Secretary Cell Member/Secretary
(3) The
meeting of the Board shall be held twice in a financial year. The Chairman may,
however, convene a special meeting of the Board at any time.
5. Vice-Chairman.- The Vice-Chairman of the Board shall act on
the direction of the Chairman and shall perform such other
functions as may be assigned to him by the Chairman.
6. Functions of the Board.-(1)The Board, for carrying out the purposes
of the Act, shall have powers to make policies and set up
committees and institutions etc.
(2) Subject
to general policy and direction of the Board, the powers of the Board may be
exercised by the Chairman or any officer or authority authorized by him in this
behalf.
7. Secretary of the Cell.-There shall be a Secretary of the Cell to be
appointed from amongst the Civil Servants already working in BPS-20 and
eligible to be appointed as Secretary to Government. He shall be the
official Incharge of the Cell and shall also be responsible for efficient
administration and discipline and for the proper conduct of business of the
Cell in accordance with the Act, the Rules and the directions of the
Government.
8. Appointment of officers and staff etc.- (1) The Board may, from time to time,
appoint such employees, officers, staff, experts or consultants as it may
consider necessary for carrying out the purposes of the Act, on such terms and
conditions and in such manner as may be prescribed.
(2) The
cases of officers and staff already serving in the Cell shall be referred to
the Selection Board or Selection Committee, as the case may be, for the purpose
of determining their suitability and retention in the service of the Cell.
9. Fund of the Cell.- (1) There shall be a fund known
as the Fund of the Cell which shall vest in the Board to be utilized for
expenditure in connection with functions of the Cell including the
payment of salaries and other remuneration to the employees who are recruited
under Section 8 of the Act.
(2) The
fund shall consist of:---
(a) budget
as approved by the Government;
(b) All
sums received under the head of Kashmir Liberation Cess imposed under the
Finance Act, 1991 (Act I of 1991);
(c) Grant-in-aid
made by the Government; and
(d) All
other sums received by the Cell.
(3) The
income and expenditure of the Cell shall be incorporated in a statement as
budgetary estimates to be placed before the Board for approval.
10.
11. Accounts of the Cell.-The accounts of the Cell shall be maintained
in such manner and form as may be prescribed. The rules and procedures for
incurring expenditure from public finance as applicable to the Government
departments shall, mutatis mutandis, be applicable to the Cell.
12. Audit.-The Accounts of the Cell shall be audited every year by the
Accountant General in accordance with the rules framed by the Government in
this behalf.
13. Indemnity.-Any act done, order passed or proceedings
taken by the Cell in good faith under the Act, shall be final and shall not be
called in question in any court by a suit or otherwise.
14. Employees to be Public Servant.-The employees of the Cell or any other
person acting or purporting to act, in pursuance of any of the provisions of
the Act, shall be deemed to be public servant within the meanings of Section
21 of the Azad Penal Code (Act XLV of 1860).
15. Powers to make Rules.-The Government may make rules for carrying
out the purposes of this Act.
16. Powers to make Regulations.-The Board may make regulations for the
conduct of its business.
17. Removal of difficulties.-If any difficulty arises in giving effect to
any provision of the Act, the Government shall be competent to make
orders as may be necessary for removing such difficulty.
18. Savings.- Notwithstanding any judgment, decree or order of any
court including the High Court or Supreme Court, everything done, all
actions taken, notifications issued, decisions made, orders passed proceedings
initiated, powers exercised, powers conferred etc., which have been visualized
by this Act, shall be deemed to have been validly done, taken, made, issued,
passed, initiated, conferred etc., under this Act.
-sd-
(Sardar Rashid Kaleem)
Deputy Secretary Law
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