Part VIII Finance, Property & Contracts

PART VIII

FINANCE, PROPERTY AND CONTRACTS

114. No tax shall be levied or collected except by authority of law.

115. (1) Subject to the provisions of section 116, all revenues received by the Government, all loans raised by the Government by the issue of

treasury bills, loans or ways and means advances and all moneys received by Government in repayment of loaned shall form one consolidated fund to be entitled "the Consolidated Fund of the State."

(2) All other public moneys received by or on behalf of the Government shall be credited to the public account of the State.

(3) No moneys out of the Consolidated Fund of the State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution.

116. The Legislature may by law establish a Contingency Fund in the nature of an impress to be entitled

"the Contingency Fund of the State" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Sadar-i--Riyasat to enable advances to be made by him out of such fund for the purposes of meeting unforeseen expenditure pending authorisation of such expendi-ture by Legislature by law under section 82 or 83.

117. The State may make any grants for any public purpose, notwithstanding that the purpose is not one with expect to which the Legislature may make.

118. The custody of the Consolidated Fund of the State and the Contingency Funds of the State, the payment of moneys into such funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Fund received by or on behalf of the Government, their payment into the public account of the State and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature and, until provision in that behalf is so made, shall be regulated by rules made by the Sadar-i-Riyasat.

119. All moneys received by or deposited with:

(a) any officer employed in connection with the affairs of the State in his capacity as such, other than revenues or public moneys raised or received by the Government; or

(b) an, court within the State to the credit of any cause, matter, account or persons, shall be paid into the public account of the State.

120. Any property within the State which, if this Constitution had not come up into operation, would have accrued to the Government or any other authority hi the State by escheat or lapse, or as bona-vacantia for want of a rightful owner, shall vest in the State.

121. (1) The executive power of the State shall extend, subject to any law made by the State Legisla-ture, to the carrying on of any trade or busi-ness, and to the grant, scale, disposition or mortgage of any property held for the purposes of the State, and to the purchase or acquisi-tion of property for those purposes and to the making of contracts.

(2) All property acquired for the purposes of the State shall vest in the State.

122. (1) All contracts made in the exercise of the executive power of the State shall be expressed to be made by the Sadar-i-Riyasat and all such contracts and all assurance of property made in the exercise of that power shall be executed on behalf of the Sadar-i-Riyasat by such persons and in such manner as he may direct or authorise.

(2) The Sadar-i-Riyasat shall not be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes any of enact-ment relating to the Government of the State heretofore in force, nor shall any person making or executing any such contract or assurance on his behalf be personally liable in respect thereof.

123. The Government may sue or be sued by the name of the State of Jammu and Kashmir and may, subject to any provisions which may be made by Act of the Legislature enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to its affairs in the like cases as the State might have sued or been sued if this Constitution had not been enacted.

 

PART IX

THE PUBLIC SERVICE

124. Subject to the provisions of this Constitution, the Legislature may by law regulate the recruitment and conditions of service of persons appointed, to public services and posts in connection with the affairs of the State:

Provided that it shall be competent for the Sadar--i-Riyasat or such person as he may direct, to make rules regulating the recruitment and the conditions of services of persons appointed, to such services and posts until provisions in that behalf is made by or under an Act of the Legislature under this section, and any rules so made shall effect subject to the provisions of any such Act.

125. (1) Except expressly provided by this Constitution, every person who is a member of a civil service of the State or holds any civil post

under the State hold office during the pleasure of the Sadar-i-Riyasat.

(2) Notwithstanding that a person holding a civil post under the State holds office during the pleasure of the Sadar-i-Riyasat, any contract under which a person, not being a member of a civil service of the State, is appointed to hold such a post man, if the Sadar-i-Riyasat deems it necessary in order to secure the services of a person having special qualifications, provide for tile payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any miscon-duct on his part required to vacate that post.

126. (1) No person who is a member of a civil service of tile State or holds a civil post under the State shall be distressed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of show-ing cause against the action proposed to be taken in regard to him:

Provided that this sub-section shall not apply:

(a) where a person is dismissed or removed or reduced in rank on the ground of con-duct which has led to his conviction on a criminal charge;

(b) where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause; or

(c) where the Sadar-i-Riyasat is satisfied that in the interests of the security of the State it is not expedient to give to that person such an opportunity.

(3) If any question arises whether it is reasonably

practicable to give to any person an oppor-tunity of showing cause under sub-section.

(4) The decision thereon of the authority empo-wered to dismiss or remove such person or to reduce him in rank, as the case may be, shall be final.

127. Until other Provisional is made in this behalf under the constitution, all the laws in force im-mediately before the commencement of this Consti-tution and applicable to any public service or any post which continues to exist after the commence-ment of this Constitution as service or post under the- State, shall continue in force so far as consistent with the provisions of this Constitu-tion.

 

THE PUBLIC SERVICE COMMISSION

128. There shall be a Public Service Commission (here-inafter referred to in this Part as "the Commi-ssion" for the State.

129. (1) The Chairman and other members of the Commission shall be appointed by the Sadar-i-Riyasat:

Provided that as nearly as may be one-half of the members of the Commission shall be persons who at the dates of their respective appointments have held office for at least ten years under the Government.

(2) A member of the Commission shall hold office of a terms of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier:

Provided that:

(a) a member of the Commission may, by writing under his hand addressed to the Sadar-i-Riyasat, resign his office

(b) a member of the Commission may be removed from his office in the manner hereinafter provided.

(3) A person who holds office as a member of the Commission shall on the expiration of his term of office, be ineligible for re-appointment to that office.

130. (1) Subject to the provisions of sub-section (3), the Chairman or any other member of the Commission shall only be removed from his office by order of the Sadar-i-Riyasat on the ground of misbehaviour after the High Court on reference being made to it by the Sadar-i--Riyasat, has, on inquiry held in that behalf, reported that the Chairman or such other member, as the case may be ought on any such ground to be removed.

The Sadar-i-Riyasat may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the High Court under sub-section (l) until the Sadar-i-Riyasat has passed orders on receipt of the report of the High Court on such reference.

(3) Notwithstanding anything in sub-section (1) the Sadar-i-Riyasat may by order remove from office the Chairman or any other mem-ber of the Commission if the Chairman on. such other member, as the case may be -

(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment out side the duties of his office; or

(c) is, in the opinion of the Sadar-i-Riyasat, unfit to continue in office by reason of infirmity of mind or body.

(4) If the Chairman or any other member of the Commission is or becomes in anyway concern-ed or interested in any contract or agreement made by or on behalf of the Government of the State, the Government of India or the Government of any other State in India or participates in anyway in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty misbehavi-our.

131. The Sadar-i-Riyasat may be regulations:

(a) determine the number of members of the Commission and their conditions of service; and

(b) make provision with respect to the num-ber of members of the staff of the Commission and - their conditions of service;

Provided that the conditions of service of a member of the Commission shall not be varied to his disadvantage after his ap-pointment.

132. On ceasing to hold office the Chairman and the members of the Commission shall be ineligible for further office under the Government of the State, but a member other than the Chairman shall be eligible for appointment as a Chairman of the Commission.

Explanation: - For the purposes of this sec-tion; the office of Minister or Deputy Minister shall not be deemed to be an office under the Government of the state.

133. (1) It shall be the duty of the Commissions to conduct examinations for appointment to the services of the State.

(2) The Commission shall be consulted -

(a) on all matters relating to methods of recruitment to civil services and for civil posts;

(b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidate for such appointments, promotions or transfers;

(c) on all disciplinary matters affecting a person serving under the Government including memorials or petitions relating to such matters;

and it shall be the duty of the Commission to advise on any matter so referred to them or on any other matter which the Sadar-i--Riyasat may refer to them:

Provided that the Sadar-i-Riyasat may make regulations specifying the matters in which either generally, or in any particular class of cases or in any particular circumstances, it shall not be necessary for the Commission to be consulted.

(3) Nothing in sub-section (2) shall require the Commission to be consulted as respects the manner in which a provision may be made by the State for the reservation of appointment or posts in favour of any class of permanent residents which in the opinion of the Govern-ment is not adequately represented in the services under the State.

(4) All regulations made under the proviso to sub-section (2) by the Sadar-i-Riyasat shall be laid for not less than fourteen days before each House of the Legislature as soon as possible after they made, and shall be subject to such modifications, whether by way or repeal or amendment, as the Legislative Assembly may make during the session in which they are so laid.

134. If the office of the Chairman of the Commission becomes vacant or if the Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall until some person appointed under sub-section (1) of section 129 to the vacant office has entered on the duties thereof or, as the case may be until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the Sadar-i-Riyasat may appoint for the purpose.

135. An Act made by the Legislature may provide for the exercise of additional functions by the Commission as respects the services of the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.

136. The expenses of the Commission, including any salaries, allowances and pensions payable to or in respect of the members or the staff of the Com-mission, shall be charged on the Consolidated Fund of the State.

137. It shall be the duty of the Commission to present annually to the Sadar-i-Riyasat a report as to the work done by the Commission and the Sadar-I--Riyasat, on receipt of such report, shall cause a copy thereof together with a memorandum explai-ning, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature.