SAC approves video conferencing for presence of accused in trial; establishment of first-ever Real Estate Regulatory Authority in JK; gives nod to transplantation of Human Organ (Amendment) Bill; 5 SDHs to be upgraded as district hospitals
Jammu and Kashmir has become first state in India to have a law explicitly banning sexual exploitation of women by those in positions of authority, having a fiduciary relationship or a public servant.
The State Administrative Council (SAC) under the chairmanship of Governor, Satya Pal Malik approved the ‘Prevention of Corruption (Amendment) Bill, 2018 and the Jammu and Kashmir Criminal Laws (Amendment) Bill, 2018’.
An official spokesman said the Bill seeks to amend the Ranbir Penal Code whereby specific offence under section 354 E is being inserted to provide for the offence of ‘Sextortion’.
“Amendments are being made in section 154, 161 and Schedule of Criminal Procedure Code and section 53 A of the Evidence Act so as to bring sextortion at par with similar offences prescribed under Ranbir Penal Code and amendment is being made in Prevention of Corruption Act to amend the definition of misconduct and to provide that demand for sexual favors would also constitute misconduct within the meaning of section 5,” he said.
The SAC also approved the ‘Code of Civil Procedure (Amendment) Bill, 2018’.
The Bill seeks to introduce use of Video-Conferencing as an admissible method for presence of accused in criminal trials.
This would ensure speedy trial and remand. It also reduces the requirement of security for taking accused from jail to courts.
The SAC also approved the ‘Jammu and Kashmir Transplantation of Human Organ (Amendment) Bill, 2018’.
“The Bill seeks to amend the various provisions of the Jammu and Kashmir Transplantation of Human Organ Act 1997, to remove the difficulties faced by the State and bring the provisions of the State Act at par with the Central Act,” the spokesman said.
He said some of the salient features of the bill include establishment of human organ retrieval centre, establishment of state human organs and tissues removal and storage network, maintaining of registry of the donors and recipients of the human organs and tissues, inclusion of grandfather, grandmother, grandson, granddaughter, as near relative in the definition clause, definition of “minor” and “transplant coordinator”, authorization of foreign national relative for transplantation, transplantation of tissue which would cover pellet injury, constitution of Authorization Committee, Hospitals engaged in removal, storage or transplantation of any human organ and tissue bank engaged in recovery, screening, testing, processing, storage, and distribution of tissues, inspection of tissue bank periodically, constitution of Advisory Committee to advise appropriate authority, powers of appropriate authority, registration of tissue bank, punishment for removal of human organ or tissues or both without permission from the authority, enhancement of punishment for contravention / violating of any of the provisions of the instant act and punishment for illegal dealing in human tissues.
The SAC also approved establishment of first ever Real Estate Regulatory Authority (RERA) to promote regulated and planned growth of real estate sector in the state.
‘Jammu and Kashmir Real Estate (Regulation and Development) Bill-2018’ approved by SAC provides for establishment of the maiden Real Estate Regulatory Authority, the State Advisory Council and the Real Estate Appellate Tribunal in the State to effectively and efficiently regulate this sector.
The move is aimed at promotingplanned development of real estate and to ensure sale of plots, apartments, buildings and other real estate projects, in an efficient and transparent manner and to protect the interests of consumers.
RERA would ensure a fair and just treatment of the buyers and protect them from any unscrupulous builders.
The SAC has accorded sanction to the creationof 158 posts of various categories for the up-gradation of five Sub District Hospitals (SDHs) to the level of District Hospitals.
Out of the 158 posts, 27 posts have been created for SDH Ganderbal, 23 for SDH Bandipora, 34 for SDH Samba, 35 for SDH Reasi and 39 for SDH Shopian.
With up-gradation of these Sub-District Hospitals to the level of District Hospitals, healthcare facilities at Samba, Reasi, Bandipora, Ganderbal and Shopian will be further strengthened.