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Bar Association calls on Finance Minister
12/9/2011 10:13:19 PM
EARLY TIMES REPORT
JAMMU, DECEMBER 09:-In an effort to resolve the situation arising out of the ongoing strike of lawyers in Jammu Province, a meetingwas taken by the Finance Minister, Mr. Abdul Rahim Rather with the representatives of the Bar Association Jammu today. The Bar was led by its President B.S. Salathia, Advocate.
The Finance Minister gave a patient hearing to the views of the Bar on the proposed transfer of powers of Registration of documents from the Judiciary to the Executive for which the State Cabinet has already accorded its approval.
Mr. Rather presented the State’s point of view on the issue to the Bar Association assuring them that the step proposed to be taken was in the larger interests of the public. Both the sides expressed their respective view points in a free and a cordial manner.
The Registration was purely an executive function and being performed by the Executive all over the country where the activity was looked after by a separate Department of Registration. Besides, in the present arrangement, it was not possible to supervise, inspect and monitor the activity while being performed by Judiciary. Similarly, it was not possible to subject the judiciary to periodic reviews taken of the Commercial Taxes Department of which the revenues from the registration formed a part. That would tantamount to interfering with the independence of Judiciary.
In the present arrangement, the State was found to be losing revenue in a substantial measure. While Stamp Duty was the second largest source of revenue in all the States, in J&K the position was quite different. The activity, which has a potential of contributing a revenue of more than Rs 300 crore annually, was barely fetching Rs 60 crore at present. Thus huge revenue to the State was not becoming available mainly because of absence of an effective monitoring system. The proposed switchover will ensure that this deficiency is addressed fully so that enough revenue is generated to meet the development needs of the State apart from undertaking public welfare schemes.
The Finance Minister assured the Bar that their concerns about the proposed change affecting the interests of lawyers, particularly the young lawyers, would be adequately addressed. He stated that the handing over of the powers of registration to the Revenue Authorities was an interim measure and that the Government was in fact committed to set up a separate Department of Stamps and Registration as is in vogue in most of the States of the country. He further stated that the Government would also strive to ensure that the new Department was independent, transparent and efficient in its working.
The Bar was accordingly asked to furnish the names of its members to Commissioner/Secretary, Finance in a day or two so that dialogue process commences in right earnest and contentious issues are resolved amicably. It was, therefore, suggested that in the larger public interest the Bar Association should consider to suspend its ongoing strike and the Government on its part would not for the time being come out with the proposed notification, and strive for a mutually agreed settlement, provided the Bar Association suspends the ongoing strike.
The State Government was represented by Advocate General, Mr. M. I. Qadiri, Commissioner/Secretary Finance, Mr. Sudhanshu Panday, Secretary Law, Mr. G.H. Tantray, Additional Inspector General Registration, Jammu Mr. Ramesh Kumar Koul and Special Secretary Finance, Mr. M.A. Siddiqi.
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