Jammu and Kashmir Reorganisation Act, 2019
(Amended Upto 2021)
[Act
34 of 2019 as amended up to Act 2 of 2021 and Noti. No. S.O. 2860(E), dated
16-7-2021]
[9th
August, 2019]
An Act to provide for the
reorganisation of the existing State of Jammu and Kashmir and for matters
connected therewith or incidental thereto
Be it enacted by
Parliament in the Seventieth Year of the Republic of India as follows-
Part I
PRELIMINARY
Section 1. Short title.
This Act may be called
the Jammu and Kashmir Reorganisation Act, 2019.
Section 2. Definitions.
In this Act, unless the context
otherwise requires,-
(a) ?appointed day? means
the day which
the Central Government may, by notification in the Official Gazette, appoint;
(b) ?article? means an
article of the Constitution;
(c) ?assembly constituency?
and ?parliamentary constituency? have the same meanings as in the
Representation of the People Act, 1950;
(d) ?Election Commission?
means the Election Commission appointed by the President under Article 324;
(e) ?existing State of Jammu
and Kashmir? means the State of Jammu and Kashmir as existing immediately
before the appointed day, comprising the territory which immediately before the
commencement of the Constitution of India in the Indian State of Jammu and
Kashmir;
(f) ?law? includes any
enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or
other instrument having, immediately before the appointed day, the force of law
in the whole or in any part of the existing State of Jammu and Kashmir;
(g) ?Legislative Assembly?
means Legislative Assembly of Union Territory of Jammu and Kashmir;
(h) ?Lieutenant Governor?
means the Administrator of the Union Territory appointed by the President under
Article 239;
(i) ?notified order? means
an order published in the Official Gazette;
(j) ?population ratio?, in
relation to the Union Territory of Jammu and Kashmir, and Union Territory of
Ladakh means the ratio as per 2011 Census;
(k) ?Scheduled Castes? in
relation to the Union Territory means such castes, races or tribes or parts of
groups within such castes, races or tribes as are deemed under Article 341 to
be Scheduled Castes in relation to that Union Territory;
(l) ?Scheduled Tribes? in
relation to the Union Territory means such tribes or tribal communities or
parts of or groups within such tribes or tribal communities as are deemed under
Article 342 to be Scheduled Tribes in relation to that Union Territory;
(m) ?sitting member?, in
relation to either House of Parliament or of the Legislature of the existing
State of Jammu and Kashmir, means a person who immediately before the appointed
day, is a member of that House;
(n) ?Union Territory?, in
relation to the existing State of Jammu and Kashmir, means the Union Territory
of Jammu and Kashmir or Union Territory of Ladakh, as the case may be;
(o) ?transferred territory?
means the territory which on the appointed day is transferred from the existing
State of Jammu and Kashmir to Union territories formed under Sections 3 and 4
of this Act; and
(p) any reference to a
district, tehsil or other territorial division of the existing State of Jammu
and Kashmir shall be construed as a reference to the area comprised within that
territorial division on the appointed day.
Part II
REORGANISATION
OF THE STATE OF JAMMU AND KASHMIR
Section 3. Formation of Union
Territory of Ladakh without Legislature.
On and from the appointed day, there
shall be formed a new Union Territory to be known as the Union Territory of
Ladakh comprising the following territories of the existing State of Jammu and
Kashmir, namely-
?Kargil and Leh districts?,
and thereupon the said territories
shall cease to form part of the existing State of Jammu and Kashmir.
Section 4. Formation of Union
Territory of Jammu and Kashmir with Legislature.
On and from the appointed day, there
shall be formed a new Union Territory to be known as the Union Territory of
Jammu and Kashmir comprising the territories of the existing State of Jammu and
Kashmir other than those specified in Section 3.
Section 5. Governor of existing
State of Jammu and Kashmir to be common Lieutenant Governor.
On and from the appointed day, the
Governor of the existing State of Jammu and Kashmir shall be the Lieutenant
Governor for the Union Territory of Jammu and Kashmir, and Union Territory of
Ladakh for such period as may be determined by the President.
Section 6. Amendment of First
Schedule to the Constitution.
On and from the appointed day, in
the First Schedule to the Constitution, under the heading-?I. THE STATES?,-
(a) entry 15 shall
be deleted.
(b) entries from 16 to 29
shall be renumbered as 15 to 28.
(c) under the heading -?II.
UNION TERRITORIES?,-
after entry 7, the following entries
shall be inserted, namely-
?8. Jammu and Kashmir: The
territories specified in Section 4 of the Jammu and Kashmir Reorganisation Act,
2019?.
?9. Ladakh: The territories
specified in Section 3 of the Jammu and Kashmir Reorganisation Act, 2019?.
Section 7. Saving powers of the
Government of Union Territory of Jammu and Kashmir.
Nothing in the foregoing provisions
of this Part shall be deemed to affect the power of the Government of successor
Union Territory of Jammu and Kashmir to alter, after the appointed day, the
name, area or boundaries of any district or other territorial division in that
Union Territory.
Part III
REPRESENTATION
IN THE LEGISLATURES
The
Council of States
Section 8. Amendment of Fourth
Schedule to Constitution.
On and from the appointed day, in
the Fourth Schedule to the Constitution, in the Table,-
(a) entry 21 shall
be deleted;
(b) entries 22 to 31 shall
be renumbered as entries 21 to 30, respectively;
(c) after entry 30, the
following entry shall be inserted, namely-
?31. Jammu and Kashmir ??????????4?
Section 9. Allocation of sitting
members.
(1) On and from the
appointed day, four sitting members of the Council of States representing the
existing State of Jammu and Kashmir shall be deemed to have been elected to
fill the seats allotted to the Union Territory of Jammu and Kashmir, as
specified in the First Schedule to this Act.
(2) The term of office of
such sitting members shall remain unaltered.
The
House of the People
Section 10. Representation in House
of the People.
On and from the appointed day, there
shall be allocated five seats to the successor Union Territory of Jammu and
Kashmir and one seat to Union Territory of Ladakh, in the House of the People, and
the First Schedule to the Representation of the People Act, 1950 shall be
deemed to be amended accordingly.
Section 11. Delimitation of
Parliamentary Constituencies Order 1976.
(1) On and from the
appointed day, the Delimitation of Parliamentary Constituencies Order, 1976
shall stand amended as directed in the Second Schedule of this Act.
(2) The Election Commission
may conduct the elections to the House of the People for the Union Territory of
Jammu and Kashmir and Union Territory of Ladakh as per the allocation of seats
specified in the Delimitation of Parliamentary Constituencies Order, 1976 as
amended by this Act.
Section 12. Provision as to sitting
members.
(1) Every sitting member of
the House of the People representing a constituency which, on the appointed day
by virtue of the provisions of Section 10, stands allotted, with or without
alteration of boundaries, to the successor Union Territory of Jammu and Kashmir
or Union Territory of Ladakh, as the case may be, shall be deemed to have been
elected to the House of the People by that constituency as so allotted.
(2) The term of office of
such sitting members shall remain unaltered.
The Lieutenant Governor and The
Legislative Assembly of Union Territory of Jammu and Kashmir
Section 13. Applicability of Article
239-A of Constitution.
On and from the appointed day, the
provisions contained in Article 239-A [or
any other article containing reference to elected members of the Legislative
Assembly of the State], which are applicable to ?Union Territory of
Puducherry?, shall also apply to the ?Union Territory of Jammu and Kashmir?.
Section 14. Legislative Assembly for
the Union Territory of Jammu and Kashmir and its composition.
(1) There shall be an
Administrator appointed under Article 239 of the Constitution of India for the
Union Territory of Jammu and Kashmir and shall be designated as Lieutenant
Governor of the said Union Territory.
(2) There shall be a
Legislative Assembly for the Union Territory of Jammu and Kashmir.
(3) The total number of
seats in the Legislative Assembly of the Union Territory of Jammu and Kashmir
to be filled by persons chosen by direct election shall be 107.
(4) Notwithstanding anything
contained in sub-section (3), until the area of the Union Territory of Jammu
and Kashmir under the occupation of Pakistan ceases to be so occupied and the
people residing in that area elect their representatives-
(a) twenty four seats in the
Legislative Assembly of Union Territory of Jammu and Kashmir shall remain
vacant and shall not be taken into account for reckoning the total membership
of the Assembly; and
(b) the said area and seats
shall be excluded in delimiting the territorial constituencies as provided
under PART V of this Act.
(5) On and from the
appointed day, the Delimitation of Assembly Constituencies Order, 1995, as applicable
to Union Territory of Jammu and Kashmir, shall stand amended as directed in the
Third Schedule of this Act.
(6) Seats shall be reserved
for the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly
of the Union Territory of Jammu and Kashmir.
(7) The number of seats
reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative
Assembly of the Union Territory of Jammu and Kashmir under sub-section (6)
shall bear, as nearly as may be, the same proportion to the total number of
seats in the Assembly as the population of the Scheduled Castes in the Union
Territory of Jammu and Kashmir or of the Scheduled Tribes in the Union
Territory of Jammu and Kashmir, in respect of which seats are so reserved,
bears to the total population of the Union Territory of Jammu and Kashmir.
Explanation: In this sub-section,
the expression ?population? means the population as ascertained at the last
preceding census of which the relevant figures have been published:
Provided that the reference in this
Explanation to the last preceding census of which the relevant figures have
been published shall, until the relevant figures for the first census taken
after the year 2026 have been published, be construed as a reference to the
2011 census.
(8) Notwithstanding anything
in sub-section (6), the reservation of seats for the Scheduled Castes or
Scheduled Tribes in the Legislative Assembly of the Union Territory of Jammu
and Kashmir shall cease to have effect on the same date on which the
reservation of seats for the Scheduled Castes or the Scheduled Tribes in the
House of the People shall cease to have effect under Article 334 of the
Constitution of India.
(9) In the Second Schedule
to the Representation of the People Act, 1950 (43 of 1950), under the heading-?I.
THE STATES:?
?(a) entry 10 shall
be deleted?;
?(b) entries 11 to 29 shall
be renumbered as 10 to 28?.
(10) In the Second Schedule
to the Representation of the People Act, 1950 (43 of 1950), under the heading-?II.
UNION TERRITORIES?
(a) after Entry 2, the
following entries shall be inserted, namely-
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
?3. Jammu and Kashmir
|
83
|
6
|
?.
|
83
|
6
|
?.?
|
(11) The provisions of
Articles 324 to 327 and 329 of the Constitution of India, shall apply in
relation to the Union Territory of Jammu and Kashmir, the Legislative Assembly
and the members thereof as they apply, in relation to a State, the Legislative
Assembly of a State and the members thereof respectively; and any reference in
Articles 326 and 329 to ?appropriate Legislature? shall be deemed to be a
reference to Parliament.
Section 15. Representation of women.
Notwithstanding anything in
sub-section (3) of Section 14 the Lieutenant Governor of the successor Union
Territory of Jammu and Kashmir may nominate two members to the Legislative
Assembly to give representation to women, if in his opinion, women are not
adequately represented in the Legislative Assembly.
Section 16. Qualification for
membership of Legislative Assembly.
A person shall not be qualified to
be chosen to fill a seat in the Legislative Assembly unless he-
(a) is a citizen of India
and makes and subscribes before some person authorised in that behalf by the
Election Commission an oath or affirmation according to the form set out for
the purpose in the Fourth Schedule of this Act;
(b) is not less than twenty
five years of age; and
(c) possesses such other
qualifications as may be prescribed in that behalf by or under any law made by
the Parliament.
Section 17. Duration of Legislative
Assembly.
The Legislative Assembly, unless
sooner dissolved, shall continue for five years from the date appointed for its
first meeting and no longer, and the expiration of the said period of five
years shall operate as a dissolution of the Legislative Assembly:
Provided that the said period may,
while a Proclamation of Emergency issued under clause (1) of Article 352 is in
operation, be extended by the President by order for a period not exceeding one
year at a time and not extending in any case beyond a period of six months
after the Proclamation has ceased to operate.
Section 18. Sessions of Legislative
Assembly, prorogation and dissolution.
(1) The Lieutenant Governor
shall, from time to time, summon the Legislative Assembly to meet at such time
and place as he thinks fit, but six months shall not intervene between its last
sitting in one session and the date appointed for its first sitting in the next
session.
(2) The Lieutenant Governor
may, from time to time,-
(a) prorogue the House;
(b) dissolve the Legislative
Assembly.
Section 19. Speaker and Deputy
Speaker of Legislative Assembly.
(1) The Legislative Assembly
shall, as soon as may be, choose two members of the Assembly to be respectively
Speaker and Deputy Speaker thereof and, so often as the office of Speaker or
Deputy Speaker becomes vacant, the Assembly shall choose another member to be
Speaker or Deputy Speaker, as the case may be.
(2) A member holding office
as Speaker or Deputy Speaker of the Assembly-
(a) shall vacate his office
if he ceases to be a member of the Assembly;
(b) may at any time by
writing under his hand addressed, if such member is the Speaker, to the Deputy
Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his
office;
(c) may be removed from his
office by a resolution of the Assembly passed by a majority of all the then
members of the Assembly:
Provided that no resolution for the
purpose of clause (c) shall be moved unless at least fourteen days' notice has
been given of the intention to move the resolution:
Provided further that, whenever the
Assembly is dissolved, the Speaker shall not vacate his office until
immediately before the first meeting of the Assembly after the dissolution.
(3) While the office of
Speaker is vacant, the duties of the office shall be performed by the Deputy
Speaker or, if the office of Deputy Speaker is also vacant, by such member of
the Legislative Assembly as may be determined by the rules of procedure of the
Assembly.
(4) During the absence of
the Speaker from any sitting of the Legislative Assembly, the Deputy Speaker,
or, if he is also absent, such person as may be determined by the rules of
procedure of the Assembly, or, if no such person is present, such other person
as may be determined by the Legislative Assembly, shall act as Speaker.
(5) There shall be paid to
the Speaker and the Deputy Speaker of the Legislative Assembly, such salaries
and allowances as may respectively be fixed by the Legislative Assembly of the
Union Territory of Jammu and Kashmir by law and, until provision in that behalf
is so made, such salaries and allowances as the Lieutenant Governor may, by
order determine.
Section 20. Speaker or Deputy
Speaker not to preside while a resolution for his removal from office is under
consideration.
(1) At any sitting of the
Legislative Assembly, while any resolution for the removal of the Speaker from
his office is under consideration, the Speaker, or while any resolution for the
removal of the Deputy Speaker, from his office is under consideration, the
Deputy Speaker, shall not, though he is present, preside, and the provisions of
sub-section (4) of Section 19 shall apply in relation to every such sitting as
they apply in relation to a sitting from which the Speaker or, as the case may
be, the Deputy Speaker, is absent.
(2) The Speaker shall have
the right to speak in, and otherwise to take part in the proceedings of, the
Legislative Assembly while any resolution for his removal from office is under
consideration in the Assembly and shall, notwithstanding anything in Section
25, be entitled to vote only in the first instance on such resolution or on any
other matter during such proceedings but not in the case of an equality of
votes.
Section 21. Special address by
Lieutenant Governor to Legislative Assembly.
(1) At the commencement of
the first session after each general election to the Legislative Assembly and
at the commencement of the first session of each year, the Lieutenant Governor
shall address the Legislative Assembly, and shall inform the Legislative
Assembly of the causes of its summons.
(2) Provision shall be made
by the rules regulating the procedure of the Legislative Assembly for the
allotment of time for the discussion of matters referred to in such address.
Section 22. Rights of Ministers and
Advocate General as respects Legislative Assembly.
Every Minister and the
Advocate-General for the Union Territory of Jammu and Kashmir shall have the
right to speak in, and otherwise to take part in the proceedings of, the
Legislative Assembly, and to speak in, and otherwise to take part in the
proceedings of, any committee of the Legislative Assembly of which he may be
named a member, but shall not by virtue of this section be entitled to vote.
Section 23. Rights of Lieutenant
Governor to address and send messages to the Legislative Assembly.
(1) The Lieutenant Governor
may address the Legislative Assembly and may for that purpose require the
attendance of members.
(2) The Lieutenant Governor
may also send messages to the Legislative Assembly whether with respect to a
Bill then pending in the Legislative Assembly or otherwise, and when a message
so sent, the Legislative Assembly shall with all convenient despatch consider
any matter required by the message to be taken into consideration.
Section 24. Oath or affirmation by
members.
Every member of the Legislative
Assembly shall, before taking his seat, make and subscribe before the Lieutenant
Governor of the said Union Territory, or some person appointed in that behalf
by him, an oath or affirmation according to the form set out for the purpose in
the Fourth Schedule of this Act.
Section 25. Voting in Assembly,
power of Assembly to act notwithstanding vacancies and quorum.
(1) Save as otherwise
provided in this Act, all questions at any sitting of the Legislative Assembly
shall be determined by a majority of votes of the members present and voting,
other than the Speaker or person acting as such.
(2) The Speaker, or person
acting as such, shall not vote in the first instance, but shall have and
exercise a casting vote in the case of an equality of votes.
(3) The Legislative Assembly
shall have power to act notwithstanding any vacancy in the membership thereof,
and any proceedings in the Legislative Assembly shall be valid notwithstanding
that it is discovered subsequently that some person who was not entitled so to
do, sat or voted or otherwise took part in the proceedings.
(4) The quorum to constitute
a meeting of the Legislative Assembly shall be ten members or one-tenth of the
total number of members of the Legislative Assembly, which ever is greater.
(5) If at any time during a
meeting of the Legislative Assembly there is no quorum, it shall be the duty of
the Speaker, or person acting as such, either to adjourn the Legislative
Assembly or to suspend the meeting until there is a quorum.
Section 26. Vacation of seats.
(1) No person shall be a
member both of Parliament and of the Legislative Assembly, and if a person is
chosen a member both of Parliament and of such Assembly, then, at the
expiration of such period as may be specified in the rules made by the
President, that person's seat in Parliament shall become vacant, unless he has
previously resigned his seat in the Legislative Assembly of the said Union
Territory.
(2) If a member of the
Legislative Assembly-
(a) becomes subject to any
of disqualification mentioned in Section 27 or Section 28 for membership of the
Legislative Assembly; or
(b) resigns his seat by
writing under his hand addressed to the Speaker, and his resignation is
accepted by the Speaker, his seat shall thereupon become vacant.
(3) If for a period of sixty
days a member of the Legislative Assembly is without permission of the Assembly
absent from all meetings thereof, the Assembly may declare his seat vacant:
Provided that in computing the said
period of sixty days, no account shall be taken of any period during which the
Assembly is prorogued or is adjourned for more than four consecutive days.
Section 27. Disqualifications for
membership.
(1) A person shall be
disqualified for being chosen as, and for being, a member of the Legislative
Assembly-
(a) if he holds any office
of profit under the Government of India or the Government of any State or the
Government of Union Territory of Jammu and Kashmir or the Government or
administration of any other Union Territory or other than an office declared by
law made by Parliament or by the Legislative Assembly not to disqualify its
holder; or
(b) if he is for the time
being disqualified for being chosen as, and for being, a member of either House
of Parliament under the provisions of sub-clause (b), sub-clause (c) or
sub-clause (d) of clause (1) of Article 102 or of any law made in pursuance of
that article.
(2) For the purposes of this
section, a person shall not be deemed to hold an office of profit under the
Government of India or the Government of any State or the Government of Union
Territory of Jammu and Kashmir or the Government of any other Union Territory
by reason only that he is a Minister either for the Union or for such State or
Union Territory.
(3) If any question arises
as to whether a member of the Legislative Assembly becomes subject to any of
disqualification under the provisions of sub-sections (1) and (2), the question
shall be referred for the decision of the Lieutenant Governor and his decision
shall be final.
(4) Before giving any
decision on any such question, the Lieutenant Governor shall obtain the opinion
of the Election Commission and shall act according to such opinion.
Section 28. Disqualification on
ground of defection for being a member.
The provisions of the Tenth Schedule
to the Constitution shall, subject to the necessary modifications (including
modifications for construing references therein to the Legislative Assembly of
a State, Article 188, Article 194 and Article 212 as references, respectively,
to the Legislative Assembly of Union Territory of Jammu and Kashmir, as the
case may be, Section 24, Section 30 and Section 50 of this Act), apply to and
in relation to the members of the Legislative Assembly of Union Territory of
Jammu and Kashmir as they apply to and in relation to the members of the
Legislative Assembly of a State, and accordingly,-
(a) the said Tenth Schedule
as so modified shall be deemed to form part of this Act; and
(b) a person shall be
disqualified for being a member of the Legislative Assembly if he is so
disqualified under the said Tenth Schedule as so modified.
Section 29. Penalty for sitting and
voting before making oath or affirmation or when not qualified or when
disqualified.
If a person sits or votes as a
member of the Legislative Assembly before he has complied with the requirements
of Section 24 or when he knows that he is not qualified or that he is
disqualified for membership thereof, or that he is prohibited from doing so by
the provisions of any law made by Parliament or the Legislative Assembly of the
Union Territory of Jammu and Kashmir, he shall be liable in respect of each day
on which he so sits or votes to a penalty of five hundred rupees to be
recovered as a debt due to the said Union Territory.
Section 30. Powers, privileges,
etc., of members.
(1) Subject to the
provisions of this Act and to the rules and standing orders regulating the
procedure of the Legislative Assembly, there shall be freedom of speech in the
Legislative Assembly.
(2) No member of the
Legislative Assembly shall be liable to any proceedings in any court in respect
of anything said or any vote given by him in the Assembly or any committee
thereof, and no person shall be so liable in respect of the publication by or
under the authority of such Assembly of any report, paper, votes or
proceedings.
(3) In other respects, the
powers, privileges and immunities of the Legislative Assembly and of the
members and the committees thereof shall be such as are for the time being
enjoyed by the House of the People and its members and committees.
(4) The provisions of
sub-sections (1), (2) and (3) shall apply in relation to persons who by virtue
of this Act have the right to speak in, and otherwise to take part in the
proceedings of, the Legislative Assembly or any committee thereof as they apply
in relation to members of the Legislative Assembly.
Section 31. Salaries and allowances
of members.
Members of the Legislative Assembly
shall be entitled to receive such salaries and allowances as may from time to
time be determined by the Legislative Assembly by law and, until provision in
that behalf is so made, such salaries and allowances as the Lieutenant Governor
may, by order determine.
Section 32. Extent of legislative
power.
(1) Subject to the
provisions of this Act, the Legislative Assembly may make laws for the whole or
any part of the Union Territory of Jammu and Kashmir with respect to any of the
matters enumerated in the State List except the subjects mentioned at entries 1
and 2, namely ?Public Order? and ?Police? respectively or the Concurrent List
in the Seventh Schedule to the Constitution of India insofar as any such matter
is applicable in relation to the Union territories.
(2) Nothing in sub-section
(1) shall derogate from the powers conferred on Parliament by the Constitution
to make laws with respect to any matter for the Union Territory of Jammu and
Kashmir or any part thereof.
Section 33. Exemption of property of
the Union from taxation.
The property of the Union shall,
save insofar as Parliament may by law otherwise provide, be exempted from all
taxes imposed by or under any law made by the Legislative Assembly or by or
under any other law in force in the Union Territory of Jammu and Kashmir:
Provided that nothing in this
section shall, until Parliament by law otherwise provides, prevent any
authority within the Union Territory of Jammu and Kashmir from levying any tax
on any property of the Union to which such property was immediately before the
commencement of the Constitution liable or treated as liable, so long as that
tax continues to be levied in that Union Territory.
Section 34. Restrictions on laws
passed by Legislative Assembly with respect to certain matters.
(1) The provisions of
Article 286, Article 287 and Article 288 shall apply in relation to any law
passed by the Legislative Assembly with respect to any of the matters referred
to in those articles as they apply in relation to any law passed by the Legislature
of a State with respect to those matters.
(2) The provisions of
Article 304 shall, with the necessary modifications, apply in relation to any
law passed by the Legislative Assembly with respect to any of the matters
referred to in that article as they apply in relation to any law passed by the
Legislature of a State with respect to those matters.
Section 35. Inconsistency between
laws made by Parliament and laws made by Legislative Assembly.
If any provision of a law made by
the Legislative Assembly with respect to matters enumerated in the State List,
in the Seventh Schedule to the Constitution is repugnant to any provision of a
law made by Parliament with respect to that matter, whether passed before or
after the law made by the Legislative Assembly, or, if any provision of a law
made by the Legislative Assembly with respect to any matter enumerated in the
Concurrent List in the Seventh Schedule to the Constitution is repugnant to any
provision of any earlier law, other than a law made by the Legislative
Assembly, with respect to that matter, then, in either case, the law made by
Parliament, or, as the case may be, such earlier law shall prevail and the law
made by the Legislative Assembly of the Union Territory shall, to the extent of
the repugnancy, be void:
Provided that if such law made by
the Legislative Assembly has been reserved for the consideration of the
President and has received his assent, such law shall prevail in the Union
Territory of Jammu and Kashmir:
Provided further that nothing in this
section shall prevent Parliament from enacting at any time any law with respect
to the same matter including a law adding to, amending, varying or repealing
the law so made by the Legislative Assembly.
Section 36. Special provisions as to
financial Bills.
(1) A Bill or amendment
shall not be introduced into, or moved in, the Legislative Assembly except on
the recommendation of the Lieutenant Governor, if such Bill or Amendment makes
provision for any of the following matters, namely-
(a) the imposition, abolition,
remission, alteration or regulation of any tax;
(b) the amendment of the law
with respect to any financial obligations undertaken or to be undertaken by the
Government of the Union Territory;
(c) the appropriation of
moneys out of the Consolidated Fund of the Union Territory;
(d) the declaring of any
expenditure to be expenditure charged on the Consolidated Fund of the Union
Territory or the increasing of the amount of any such expenditure;
(e) the receipt of money on
account of the Consolidated Fund of the Union Territory or the public account
of the Union Territory or the custody or issue of such money or the audit of
the account of the Union Territory:
Provided that no recommendation
shall be required under this sub-section for the moving of an amendment making
provision for the reduction or abolition of any tax.
(2) A Bill or Amendment
shall not be deemed to make provision for any of the matters aforesaid by
reason only that it provides for the imposition of fines or other pecuniary
penalties, or for the demand or payment of fees for licences or fees for
services rendered, or by reason that it provides for the imposition, abolition,
remission, alteration or regulation of any tax by any local authority or body
for local purposes.
(3) A Bill which, if enacted
and brought into operation, would involve expenditure from the Consolidated
Fund of Union Territory shall not be passed by the Legislative Assembly of the
Union Territory unless the Lieutenant Governor has recommended to the Assembly,
the consideration of the Bill.
Section 37. Procedure as to lapsing
of Bills.
(1) A Bill pending in the
Legislative Assembly shall not lapse by reason of the prorogation of the
Legislative Assembly.
(2) A Bill which is pending
in the Legislative Assembly shall lapse on dissolution of the Legislative
Assembly.
Section 38. Assent to Bills.
When a Bill has been passed by the
Legislative Assembly, it shall be presented to the Lieutenant Governor and the
Lieutenant Governor shall declare either that he assents to the Bill or that he
withholds assent therefrom or that he reserves the Bill for the consideration
of the President:
Provided that the Lieutenant
Governor may, as soon as possible after the presentation of the Bill to him for
assent, return the Bill if it is not a Money Bill together with a message
requesting that the Assembly will reconsider the Bill or any specified
provisions thereof, and, in particular, will consider the desirability of
introducing any such amendments as he may recommend in his message and, when a
Bill is so returned, the Assembly will reconsider the Bill accordingly, and if
the Bill is passed again with or without amendment and presented to the
Lieutenant Governor for assent, the Lieutenant Governor shall declare either
that he assents to the Bill or that he reserves the Bill for the consideration
of the President:
Provided further that the Lieutenant
Governor shall not assent to, but shall reserve for the consideration of the
President, any Bill which,-
(a) in the opinion of the
Lieutenant Governor would, if it became law, so derogate from the powers of the
High Court as to endanger the position which that Court is, by the
Constitution, designed to fill; or
(b) relates to any of the
matters specified in clause (1) of Article 31-A; or
(c) the President may, by
order, direct to be reserved for his consideration.
Explanation.For the purposes of this
section and Section 39, a Bill shall be deemed to be a Money Bill if it
contains only provisions dealing with all or any of the matters specified in
sub-section (1) of Section 36 or any matter incidental to any of those matters
and, in either case, there is endorsed thereon the certificate of the Speaker
of the Legislative Assembly signed by him that it is a Money Bill.
Section 39. Bills reserved for
consideration.
When a Bill is reserved by
Lieutenant Governor for the consideration of the President, the President shall
declare either that he assents to the Bill or that he withholds assent
therefrom:
Provided that where the Bill is not
a Money Bill, the President may direct the Lieutenant Governor to return the
Bill to the Legislative Assembly together with such a message as is mentioned
in the first proviso to Section 38 and, when a Bill is so returned, the
Assembly shall reconsider it accordingly within a period of six months from the
date of receipt of such message and, if it is again passed by the Assembly with
or without amendment, it shall be presented again to the President for his
consideration.
Section 40. Requirements as to
sanction and recommendations to be regarded as matters of procedure only.
No Act of the Legislative Assembly
and no provision in any such Act, shall be invalid by reason only that some
previous sanction or recommendation required by this Act was not given, if
assent to that Act was given by the Lieutenant Governor, or, on being reserved
by the Lieutenant Governor for the consideration of the President, by the
President.
Section 41. Annual financial
statement.
(1) The Lieutenant Governor
shall in respect of every financial year cause to be laid before the
Legislative Assembly of the Union Territory of Jammu and Kashmir, a statement
of the estimated receipts and expenditure of the Union Territory for that year,
in this Part referred to as the ?annual financial statement?.
(2) The estimates of
expenditure embodied in the annual financial statement shall show separately-
(a) the sums required to
meet expenditure described by this Act as expenditure charged upon the
Consolidated Fund of the Union Territory of Jammu and Kashmir, and
(b) the sums required to
meet other expenditure proposed to be made from the Consolidated Fund of the
Union Territory of Jammu and Kashmir; and shall distinguish expenditure on
revenue account from other expenditure.
(3) The following
expenditure shall be expenditure charged on the Consolidated Fund of the Union
Territory of Jammu and Kashmir-
(a) the emoluments and
allowances of the Lieutenant Governor and other expenditure relating to his
office;
(b) the charges payable in
respect of loans advanced to the Union Territory of Jammu and Kashmir from the
Consolidated Fund of India including interest, sinking fund charges and
redemption charges, and other expenditure connected therewith;
(c) the salaries and
allowances of the Speaker and the Deputy Speaker of the Legislative Assembly;
(d) expenditure in respect
of the salaries and allowances of Judges of High Court of Jammu and Kashmir;
(e) any sums required to
satisfy any judgment, decree or award of any court or arbitral tribunal;
(f) expenditure incurred by
the Lieutenant Governor in the discharge of his special responsibility;
(g) any other expenditure
declared by the Constitution or by law made by Parliament or by the Legislative
Assembly of the Union Territory of Jammu and Kashmir to be so charged.
Section 42. Procedure in Legislative
Assembly with respect to estimates.
(1) So much of the estimates
as relates to expenditure charged upon the Consolidated Fund of Union Territory
of Jammu and Kashmir shall not be submitted to the vote of the Legislative
Assembly, but nothing in this sub-section shall be construed as preventing the
discussion in the Legislative Assembly of any of those estimates.
(2) So much of the said
estimates as relates to other expenditure shall be submitted in the form of
demands for grants to the Legislative Assembly, and the Legislative Assembly
shall have power to assent, or to refuse to assent, to any demand, or to assent
to any demand subject to a reduction of the amount specified therein.
(3) No demand for a grant
shall be made except on the recommendation of the Lieutenant Governor.
Section 43. Appropriation Bills.
(1) As soon as may be after
the grants under Section 42 have been made by the Legislative Assembly, there
shall be introduced a Bill to provide for the appropriation out of the
Consolidated Fund of the Union Territory of all moneys required to meet-
(a) the grants so made by
the Legislative Assembly, and
(b) the expenditure charged
on the Consolidated Fund of the Union Territory of Jammu and Kashmir but not
exceeding in any case the amount shown in the statement previously laid before
the Assembly.
(2) No amendment shall be
proposed to any such Bill in the Legislative Assembly which will have the
effect of varying the amount or altering the destination of any grant so made
or of varying the amount of any expenditure charged on the Consolidated Fund of
the Union Territory of Jammu and Kashmir and the decision of the person
presiding as to whether an amendment is inadmissible under this sub-section
shall be final.
(3) Subject to the other
provisions of this Act, no money shall be withdrawn from the Consolidated Fund
of the Union Territory except under appropriation made by law passed in
accordance with the provisions of this section.
Section 44. Supplementary,
additional or excess grants.
(1) The Lieutenant Governor
shall-
(a) if the amount authorised
by any law made in accordance with the provisions of Section 43 to be expended
for a particular service for the current financial year is found to be
insufficient for the purposes of that year or when a need has arisen during the
current financial year for supplementary or additional expenditure upon some
new service not contemplated in the annual financial statement for that year,
or
(b) if any money has been
spent on any service during a financial year in excess of the amount granted
for that service and for that year,cause to be laid before the Legislative
Assembly, another statement showing the estimated amount of that expenditure or
cause to be presented to the Legislative Assembly with such previous approval a
demand for such excess, as the case may be.
(2) The provisions of
Sections 41, 42 and 43 shall have effect in relation to any such statement and
expenditure or demand and also to any law to be made authorising the
appropriation of moneys out of the Consolidated Fund of the Union Territory of
Jammu and Kashmir to meet such expenditure or the grant in respect of such
demand as they have effect in relation to the annual financial statement and
the expenditure mentioned therein or to a demand for a grant and the law to be
made for the authorisation of appropriation of moneys out of the Consolidated
Fund of the Union Territory of Jammu and Kashmir to meet such expenditure or
grant.
Section 45. Votes on account.
(1) Notwithstanding anything
in the foregoing provisions of this Part, the Legislative Assembly shall have
power to make any grant in advance in respect of the estimated expenditure for
a part of any financial year pending the completion of the procedure prescribed
in Section 42 for the voting of such grant and the passing of the law in
accordance with the provisions of Section 43 in relation to that expenditure
and the Legislative Assembly shall have power to authorise by law the
withdrawal of moneys from the Consolidated Fund of the Union Territory of Jammu
and Kashmir for the purposes for which the said grant is made.
(2) The provisions of
Sections 42 and 43 shall have effect in relation to the making of any grant
under sub-section (1) or to any law to be made under that sub-section as they
have effect in relation to the making of a grant with regard to any expenditure
mentioned in the annual financial statement and the law to be made for the
authorisation of appropriation of moneys out of the Consolidated Fund of the
Union Territory of Jammu and Kashmir to meet such expenditure.
Section 46. Rules of procedure.
(1) The Legislative Assembly
may make rules for regulating, subject to the provisions of this Act, its
procedure and the conduct of its business:
Provided that the Lieutenant
Governor shall, after consultation with the Speaker of the Legislative
Assembly, make rules-
(a) for securing the timely
completion of financial business;
(b) for regulating the
procedure of, and the conduct of business in, the Legislative Assembly in
relation to any financial matter or to any Bill for the appropriation of moneys
out of the Consolidated Fund of the Union Territory of Jammu and Kashmir;
(c) for prohibiting the
discussion of, or the asking of questions on, any matter which affects the
discharge of the functions of the Lieutenant Governor insofar as he is required
by this Act to act in his discretion.
(2) Until rules are made
under sub-section (1), the rules of procedure and standing orders in force
immediately before the commencement of this Act, with respect to the
Legislative Assembly of the existing State of Jammu and Kashmir shall have
effect in relation to the Legislative Assembly of the Union Territory of Jammu
and Kashmir subject to such modifications and adaptations as may be made
therein by the Speaker of Legislative Assembly.
Section 47. Official language or
languages of Union Territory of Jammu and Kashmir and language or languages to
be used in Legislative Assembly thereof.
(1) The Legislative Assembly
may by law adopt any one or more of the languages in use in the Union Territory
of Jammu and Kashmir or Hindi as the official language or languages to be used
for all or any of the official purposes of the Union Territory of Jammu and
Kashmir.
(2) The business in the
Legislative Assembly of the Union Territory of Jammu and Kashmir shall be
transacted in the official language or languages of the Union Territory of
Jammu and Kashmir or in Hindi or in English:
Provided that the Speaker of the
Legislative Assembly or person acting as such, as the case may be, may permit
any member who cannot adequately express himself in any of the languages
aforesaid to address the Legislative Assembly in his mother-tongue.
Section 48. Language to be used for
Acts, Bills, etc..
Notwithstanding anything contained
in Section 47, until Parliament by law otherwise provides, the authoritative
texts-
(a) of all Bills to be
introduced or amendments thereto to be moved in the Legislative Assembly,
(b) of all Acts passed by
the Legislative Assembly, and
(c) of all orders, rules,
regulations and bye-laws issued under any law made by the Legislative Assembly,
shall be in the English language:
Provided that where the Legislative
Assembly has prescribed any language other than the English language for use in
Bills introduced in, or Acts passed by, the Legislative Assembly or in any
order, rule, regulation or bye-law issued under any law made by the Legislative
Assembly of the Union Territory of Jammu and Kashmir, a translation of the same
in the English language published under the authority of the Lieutenant
Governor in the Official Gazette shall be deemed to be the authoritative text
thereof in the English language.
Section 49. Restriction on
discussion in the Legislative Assembly.
No discussion shall take place in
the Legislative Assembly with respect to the conduct of any judge of the
Supreme Court or of a High Court in the discharge of his duties.
Section 50. Courts not to inquire
into proceedings of Legislative Assembly.
(1) The validity of any
proceedings in the Legislative Assembly shall not be called in question on the
ground of any alleged irregularity of procedure.
(2) No officer or member of
the Legislative Assembly in whom powers are vested by or under this Act for
regulating procedure or the conduct of business, or for maintaining order in
the Legislative Assembly shall be subject to the jurisdiction of any court in
respect of the exercise by him of those powers.
Section 51. Secretariat of the
Legislative Assembly.
(1) The Legislative Assembly
shall have a separate secretariat staff.
(2) The Legislative Assembly
may by law regulate the recruitment, and the conditions of service of persons
appointed, to the secretarial staff of the Legislative Assembly.
(3) Until provision is made
by the Legislative Assembly under sub-section (2), the Lieutenant Governor may,
after consultation with the Speaker of the Legislative Assembly make rules regulating
the recruitment, and the conditions of service of persons appointed, to the
secretarial staff of the Assembly and any rules so made shall have effect
subject to the provisions of any law made under the said sub-section.
Section 52. Power of Lieutenant
Governor to promulgate Ordinances during recess of Legislative Assembly.
(1) If at any time, except
when the Legislative Assembly is in session, the Lieutenant Governor thereof is
satisfied that circumstances exist which render it necessary for him to take
immediate action, he may promulgate such Ordinances as the circumstances appear
to him to require:
Provided that the power of making an
Ordinance under this section shall extend only to those matters with respect to
which the Legislative Assembly has power to make laws.
(2) An Ordinance promulgated
under this section shall have the same force and effect as an Act of the
Legislative Assembly assented by the Lieutenant Governor but every such
Ordinance-
(a) shall be laid before the
Legislative Assembly and shall cease to operate at the expiration of six weeks
from the reassembly of the Legislative Assembly, or if before the expiration of
that period a resolution disapproving it is passed by the Legislative Assembly;
and
(b) may be withdrawn at any
time by the Lieutenant Governor.
Council
of Ministers for the Union Territory of Jammu and Kashmir
Section 53. Council of Ministers.
(1) There shall be a Council
of Ministers consisting of not more than ten per cent of the total number of
members in the Legislative Assembly, with the Chief Minister at the head to aid
and advise the Lieutenant Governor in the exercise of his functions in relation
to matters with respect to which the Legislative Assembly has power to make
laws except insofar as he is required by or under this Act to act in his
discretion or by or under any law to exercise any judicial or quasi-judicial
functions.
(2) The Lieutenant Governor
shall, in the exercise of his functions, act in his discretion in a matter:
(i) which falls outside the
purview of the powers conferred on the Legislative Assembly; or
(ii) in which he is required
by or under any law to act in his discretion or to exercise any judicial
functions; or
(iii) related to All-India
Services and Anti Corruption Bureau:
Provided that if any question arises
whether any matter is or is not a matter as respects which the Lieutenant
Governor is by or under this Act required to act in his discretion, the
decision of the Lieutenant Governor in his discretion shall be final, and the
validity of anything done by the Lieutenant Governor shall not be called in
question on the ground that he ought or ought not to have acted in his
discretion.
(3) The question whether
any, and if so what, advice was tendered by Ministers to the Lieutenant
Governor shall not be inquired into in any court.
Section 54. Other provisions as to
Ministers.
(1) The Chief Minister shall
be appointed by the Lieutenant Governor and the other Ministers shall be
appointed by the Lieutenant Governor on the advice of the Chief Minister.
(2) The Ministers shall hold
office during the pleasure of the Lieutenant Governor.
(3) The Council of Ministers
shall be collectively responsible to the Legislative Assembly.
(4) Before a Minister enters
upon his office, the Lieutenant Governor shall administer to him the oaths of
office and of secrecy according to the forms set out for the purpose in the
Fourth Schedule to this Act.
(5) A Minister who for any
period of six consecutive months is not a member of the Legislative Assembly
shall at the expiration of that period cease to be a Minister.
(6) The salaries and
allowances of Ministers shall be such as the Legislative Assembly may from time
to time by law determine, and until the Legislative Assembly so determines,
shall be determined by the Lieutenant Governor.
Section 55. Conduct of business.
(1) The Lieutenant Governor
shall make rules on the advice of the Council of Ministers-
(a) for the allocation of
business to the Ministers; and
(b) for the more convenient
transaction of business with the Ministers including the procedure to be
adopted in case of a difference of opinion between the Lieutenant Governor and
the Council of Ministers or a Minister.
(2) Save as otherwise
provided in this Act, all executive action of the Lieutenant Governor, whether
taken on the advice of his Ministers or otherwise, shall be expressed to be
taken in the name of the Lieutenant Governor.
(3) Orders and other
instruments made and executed in the name of the Lieutenant Governor, shall be
authenticated in such manner as may be specified in rules to be made by the
Lieutenant Governor on the advice of council of ministers, and the validity of
an order or instrument which is so authenticated shall not be called in
question on the ground that it is not an order or instrument made or executed
by the Lieutenant Governor.
Section 56. Duties of Chief Minister
as respects the furnishing of information to the Lieutenant Governor, etc.
It shall be the duty of the Chief
Minister-
(a) to communicate to the
Lieutenant Governor all decisions of the Council of Ministers relating to the
administration of the affairs of the Union Territory and proposals for
legislation;
(b) to furnish such
information relating to the administration of the affairs of the Union
Territory and proposals for legislation as Lieutenant Governor may call for.
Legislative
Council
Section 57. Abolition of Legislative
Council of the State of Jammu and Kashmir.
(1) Notwithstanding anything
to the contrary contained in any law, document, judgment, ordinance, rule,
regulation or notification, on and from the appointed day, the Legislative
Council of the existing State of Jammu and Kashmir shall stand abolished.
(2) On the abolition of the
Legislative Council, every member thereof shall cease to be such member.
(3) All Bills pending in the
Legislative Council immediately before the appointed day shall lapse on the
abolition of the Council.
Part IV
ADMINISTRATION
OF UNION TERRITORY OF LADAKH
Section 58. Appointment of
Lieutenant Governor of Union Territory of Ladakh.
(1) The Union Territory of
Ladakh will be administered by the President acting, to such extent as he
thinks fit, through a Lieutenant Governor to be appointed by him under Article
239.
(2) The President may make
regulations for the peace, progress and good government of the Union Territory
of Ladakh under Article 240 of the Constitution of India.
(3) Any regulation so made
may repeal or amend any Act made by Parliament or any other law which is for
the time being applicable to the Union Territory of Ladakh and, when
promulgated by the President, shall have the same force and effect as an Act of
Parliament which applies to the Union Territory of Ladakh.
(4) The Lieutenant Governor
shall be assisted by advisor(s) to be appointed by the Central Government.
Part V
DELIMITATION
OF CONSTITUENCIES
Section 59. Definitions.
In this Part, unless the context
otherwise requires,-
(a) ?associate member? means
a member associated with the Delimitation Commission under Section 60.
(b) ?Delimitation
Commission? means the Delimitation Commission to be constituted under Section 3
of the Delimitation Act, 2002 (33 of 2002); and thereafter by any law made by
the Parliament.
(c) ?Election Commission?
means the Election Commission appointed by the President under Article 324 of
the Constitution of India.
(d) ?Latest census figures?
mean the census figures ascertained at the latest census of which the finally
published figures are available.
(e) ?Parliamentary
Constituency? means a constituency provided by law for the purpose of elections
to the House of the People from Union Territory of Jammu and Kashmir and Union
Territory of Ladakh.
(f) ?Assembly Constituency?
means a constituency provided by law for the purpose of elections to the
Legislative Assembly.
Section 60. Delimitation of
constituencies.
(1) Without prejudice to
sub-section (3) of Section 14 of this Act, the number of seats in the Legislative
Assembly of Union Territory of Jammu and Kashmir shall be increased from 107 to
114, and delimitation of the constituencies may be determined by the Election
Commission in the manner hereinafter provided-
(a) the number of seats to
be reserved for the Scheduled Castes and the Scheduled Tribes in the
Legislative Assembly, having regard to the relevant provisions of the
Constitution;
(b) the assembly
constituencies into which the Union Territory shall be divided, the extent of
each of such constituencies and in which of them seats shall be reserved for
the Scheduled Castes or for the Scheduled Tribes; and
(c) the adjustments in the
boundaries and description of the extent of the parliamentary constituencies in
each Union Territory that may be necessary or expedient.
(2) In determining the
matters referred to in clauses (b) and (c) of sub-section (1), the Election
Commission shall have regard to the following provisions, namely-
(a) all the constituencies
shall be single-member constituencies;
(b) all constituencies shall,
as far as practicable, be geographically compact areas, and in delimiting them,
regard shall be had to physical features, existing boundaries of administrative
units, facilities of communication and conveniences to the public; and
(c) constituencies in which
seats are reserved for the Scheduled Castes and the Scheduled Tribes shall, as
far as practicable, be located in areas where the proportion of their
population to the total population is the largest.
(3) The Election Commission
shall, for the purpose of assisting it in the performance of its functions
under sub-section (1), associate with itself as associate members, four persons
as the Central Government may by order specify, being persons who are the
members of the Legislative Assembly of the Union Territory of Jammu and Kashmir
or four members of the House of the People representing the Union Territory of
Jammu and Kashmir:
Provided that none of the associate
members shall have a right to vote or to sign any decision of the Election
Commission.
(4) If, owing to death or
resignation, the office of an associate member falls vacant, it shall be filled
as far as practicable, in accordance with the provisions of sub-section (3).
(5) The Election Commission
shall-
(a) publish its proposals
for the delimitation of constituencies together with the dissenting proposals,
if any, of any associate member who desires publication thereof in the Official
Gazette and in such other manner as the Commission may consider fit, together
with a notice inviting objections and suggestions in relation to the proposals
and specifying a date on or after which the proposals will be further
considered by it;
(b) consider all objections
and suggestions which may have been received by it before the date so
specified; and
(c) after considering all objections
and suggestions which may have been received by it before the date so
specified, determine by one or more orders the delimitation of constituencies
and cause such order or orders to be published in the Official Gazette, and
there upon such publication, the order or orders shall have the full force of
law and shall not be called in question in any court.
(6) As soon as may be after
such publication, every such order relating to assembly constituencies shall be
laid before the Legislative Assembly of the Union Territory of Jammu and
Kashmir.
Section 61. Power of Election
Commission to maintain Delimitation Orders up-to-date.
(1) The Election Commission
may by notification in the Official Gazette,-
(a) correct any printing
mistakes in any order made under Section 60 or any error arising therein from
inadvertent slip or omission; and
(b) where the boundaries or
name of any territorial division mentioned in any such order or orders is or
are altered, make such amendments as appear to it to be necessary or expedient
for bringing such order up-to-date.
(2) Every notification under
this section relating to an assembly constituency shall be laid, as soon as may
be after it is issued, before the Legislative Assembly.
Section 62. Special provision as to
readjustment of Parliamentary and Assembly Constituencies on the basis of 2011
census.
(1) On and from the
appointed day, notwithstanding the publication of orders under sub-section (1)
of Section 10 of the Delimitation Act, 2002 (33 of 2002) or anything contained
in sub-section (2) or sub-section (4) of the said section, the Delimitation
Act, 2002, shall be deemed to have been amended as provided below:
(a) in Section 2, in clause
(f), the words ?but does not include the State of Jammu and Kashmir? shall
be omitted; and
(b) for the purpose of
delimitation of Assembly and Parliamentary Constituencies, the words and
figures ?census held in the year 2001?, wherever occurring, shall be construed
as words and figures ?census held in the year 2011?.
(2) Readjustment of the
constituencies as provided under Section 60 in the successor Union Territory of
Jammu and Kashmir into Assembly Constituencies, shall be carried by the
Delimitation Commission, to be constituted under the Delimitation Act, 2002 as
amended by this Act, and shall take effect from such date as the Central
Government may, by order, publish in the Official Gazette, specify.
(3) Readjustment of the
constituencies as provided under Section 11 in the successor Union Territory of
Jammu and Kashmir into Parliamentary Constituencies, shall be carried by the
Delimitation Commission, to be constituted under the Delimitation Act, 2002 as
amended by this Act, and shall take effect from such date as the Central
Government may, by order, publish in the Official Gazette, specify.
Section 63. Special provisions as to
readjustment of Assembly and Parliamentary Constituencies.
Notwithstanding anything contained
in Sections 59 to 61, until the relevant figures for the first census taken
after the year 2026 have been published, it shall not be necessary to readjust
the division of successor Union Territory of Jammu and Kashmir into Assembly
and Parliamentary Constituencies and any reference to the ?latest census
figures? in this Part shall be construed as a reference to the 2011 census
figures.
Section 64. Procedure as to
delimitation.
The procedure as provided in the law
made by Parliament, shall apply, in relation to the delimitation of
Parliamentary and Assembly constituencies under this Part as they apply in
relation to the delimitation of Parliamentary and Assembly constituencies under
that law.
Part VI
SCHEDULED
CASTES AND SCHEDULED TRIBES
Section 65. Applicability of
Scheduled Castes Order.
On and from the appointed day, the
Constitution Jammu and Kashmir (Scheduled Castes) Order, 1956, shall stand
applied to the Union Territory of Jammu and Kashmir and Union Territory of
Ladakh.
Section 66. Applicability of
Scheduled Tribes Order.
On and from the appointed day, the
Constitution Jammu and Kashmir (Scheduled Tribes) Order, 1989, shall stand
applied to the Union Territory of Jammu and Kashmir and Union Territory of
Ladakh.
Part VII
MISCELLANEOUS
AND TRANSITIONAL PROVISIONS
Section 67. Consolidated Fund of the
Union Territory of Jammu and Kashmir.
(1) On and from the
appointed day, all revenues received in the Union Territory of Jammu and
Kashmir by the Government of India or the Lieutenant Governor of the Union
Territory of Jammu and Kashmir in relation to any matter with respect to which
the Legislative Assembly of the Union Territory of Jammu and Kashmir has power
to make laws, and all grants made and all loans advanced to the Union Territory
of Jammu and Kashmir from the Consolidated Fund of India and all loans raised
by the Government of India or the Lieutenant Governor of the Union Territory of
Jammu and Kashmir upon the security of the Consolidated Fund of the Union
Territory of Jammu and Kashmir and all moneys received by the Union Territory
of Jammu and Kashmir in repayment of loans shall form one Consolidated Fund to
be entitled ?the Consolidated Fund of the Union Territory of Jammu and
Kashmir?.
(2) No moneys out of such
Consolidated Fund shall be appropriated except in accordance with, and for the
purposes and in the manner provided in, this Act.
(3) The custody of such
Consolidated Fund, the payment of moneys into such Funds, the withdrawal of
moneys there from and all other matters connected with or ancillary to those
matters shall be regulated by rules made by the Lieutenant Governor.
Section 68. Public Account of the
Union Territory of Jammu and Kashmir and moneys credited to it.
(1) On and from the
appointed day, all other public moneys received by or on behalf of the
Lieutenant Governor shall be credited to a Public Account entitled ?the Public
Account of the Union Territory of Jammu and Kashmir?.
(2) The custody of public
moneys, other than those credited to the Consolidated Fund of the Union
Territory or the Contingency Fund of the Union Territory of Jammu and Kashmir,
received by or on behalf of the Lieutenant Governor, their payment into the
Public Accounts of the Union Territory of Jammu and Kashmir and the withdrawal
of moneys from such account and all other matters connected with or ancillary
to the aforesaid matters shall be regulated by rules made by the Lieutenant
Governor on the advice of Council of Ministers.
Section 69. Contingency Fund of
Union Territory of Jammu and Kashmir.
(1) There shall be
established a Contingency Fund in the nature of an imprest to be entitled ?the
Contingency Fund of the Union Territory of Jammu and Kashmir?, into which shall
be paid from and out of the Consolidated Fund of the Union Territory of Jammu
and Kashmir such sums as may, from time to time, be determined by law made by
the Legislative Assembly of the Union Territory of Jammu and Kashmir; and the
said Fund shall be held by the Lieutenant Governor to enable advances to be
made by him out of such Fund.
(2) No advances shall be
made out of the Contingency Fund of the Union Territory of Jammu and Kashmir
except for the purposes of meeting unforeseen expenditure pending authorisation
of such expenditure by the Legislative Assembly under appropriations made by
law.
(3) The Lieutenant Governor
on the advice of the Council of Ministers may make rules regulating all matters
connected with or ancillary to the custody of, the payment of moneys into, and
the withdrawal of moneys from, the Contingency Fund of the Union Territory of
Jammu and Kashmir.
Section 70. Borrowing upon the
security of Consolidated Fund of Union Territory of Jammu and Kashmir.
(1) The executive power of the
Union Territory extends to borrowing upon the security of the Consolidated Fund
of the Union Territory of Jammu and Kashmir within such limits, if any, as may,
from time to time, be fixed by Legislative assembly by law and to the giving of
guarantees within such limits, if any, as may be so fixed.
(2) Any sums required for
the purpose of invoking a guarantee shall be charged on the Consolidated Fund
of the Union Territory of Jammu and Kashmir.
Section 71. Form of accounts of the
Union Territory of Jammu and Kashmir.
The accounts of the Union Territory
of Jammu and Kashmir shall be kept in such form as the Lieutenant Governor may,
after obtaining advice of the Comptroller and Auditor-General of India,
prescribe by rules.
Section 72. Audit reports.
The reports of the Comptroller and
Auditor-General of India relating to the accounts of Union Territory of Jammu
and Kashmir for any period subsequent to the date referred to in sub-section
(1) of Section 67 shall be submitted to the Lieutenant Governor who shall cause
them to be laid before the Legislative Assembly.
Section 73. Provision in case of
failure of constitutional machinery.
If the President, on receipt of a
report from the Lieutenant Governor of Union Territory of Jammu and Kashmir, or
otherwise, is satisfied,-
(a) that a situation has
arisen in which the administration of the Union Territory of Jammu and Kashmir
cannot be carried on in accordance with the provisions of this Act, or
(b) that for the proper
administration of Union Territory of Jammu and Kashmir it is necessary or
expedient so to do, the President may, by order, suspend the operation of all
or any of the provisions of this Act for such period as he thinks fit and make
such incidental and consequential provisions as may appear to him to be necessary
or expedient for administering the Union Territory of Jammu and Kashmir in
accordance with the provisions of this Act.
Section 74. Authorisation of
expenditure by President.
Where the Legislative Assembly is
dissolved, or its functioning as such Assembly remains suspended, on account of
an order under Section 73, it shall be competent for the President to
authorise, when the House of the People is not in session, expenditure from the
Consolidated Fund of the Union Territory of Jammu and Kashmir pending the
sanction of such expenditure by Parliament.
Part VIII
HIGH
COURT
Section 75. High Court of Jammu and
Kashmir to be common High Court.
(1) On and from the
appointed day,-
(a) the High Court of Jammu
and Kashmir shall be the [High
Court of Jammu and Kashmir and Ladakh];
(b) the Judges of the High
Court of Jammu and Kashmir for the existing State of Jammu and Kashmir holding
office immediately before the appointed day shall become on that day the Judges
of the common High Court.
(2) The expenditure in
respect of salaries and allowances of the Judges of the common High Court shall
be allocated amongst the Union Territory of Jammu and Kashmir and Union
Territory of Ladakh on the basis of population ratio.
Section 76. Special provision
relating to Bar Council and advocates.
(1) On and from the date
referred to in sub-section (1) of Section 75, in the Advocates Act, 1961 (25 of
1961), in Section 3, in sub-section (1),-
(a) in clause (a), the words
?Jammu and Kashmir? shall be deleted;
(b) after clause (f), the
following clause shall be inserted, namely-
(g) for the Union Territory of Jammu
and Kashmir and Union Territory of Ladakh, to be known as the Bar Council of
Jammu and Kashmir; and Ladakh.
(2) Any person who
immediately before the date referred to in sub-section (1) of Section 75 is an
advocate on the roll of the Bar Council of the existing State of Jammu and
Kashmir and practising as an advocate in the High Court of Jammu and Kashmir,
may continue to be members of the ?Bar council of Jammu and Kashmir; and
Ladakh?, notwithstanding anything contained in the Advocates Act, 1961 and the
rules made thereunder.
(3) The persons other than
the advocates who are entitled immediately before the date referred to in
sub-section (1) of Section 75, on and after that date, be recognised as such
persons entitled also to practise in the common High Court of Jammu and Kashmir
or any subordinate court thereof, as the case may be.
(4) The right of audience in
the common High Court of Jammu and Kashmir shall be regulated in accordance
with the like principles as immediately before the date referred to in
sub-section (1) of Section 75, are in force with respect to the right of
audience in the High Court of Jammu and Kashmir.
Section 77. Practice and procedure
in common High Court of Jammu and Kashmir.
Subject to the provisions of this
Part, the law in force immediately before the date referred to in sub-section
(1) of Section 75 with respect to practice and procedure in the High Court of
Jammu and Kashmir shall, with the necessary modifications, apply in relation to
the common High Court of Jammu and Kashmir and accordingly, the common High
Court of Jammu and Kashmir shall have all such powers to make rules and orders
with respect to practice and procedure as are immediately before that date exercisable
by the common High Court of Jammu and Kashmir:
Provided that any rules or orders
which are in force immediately before the date referred to in sub-section (1)
of Section 75 with respect to practice and procedure in the High Court of Jammu
and Kashmir shall, until varied or revoked by rules or orders made by the
common High Court of Jammu and Kashmir, apply with the necessary modifications
in relation to practice and procedure in the common High Court of Jammu and
Kashmir as if made by that Court.
Section 78. Savings.
Nothing in this Part shall affect
the application to the common High Court of Jammu and Kashmir of any provisions
of the Constitution, and this Part shall have effect subject to any provision
that may be made on or after the date referred to in sub-section (1) of Section
75 with respect to the common High Court of Jammu and Kashmir by any
Legislature or other authority having power to make such provision.
Part IX
ADVOCATE-GENERAL
OF UNION TERRITORY OF JAMMU AND KASHMIR
Section 79. Advocate General for
Union Territory of Jammu and Kashmir.
(1) The Lieutenant Governor
shall appoint a person who is qualified to be appointed a Judge of the High
Court, to be Advocate-General for the Union Territory of Jammu and Kashmir.
(2) It shall be the duty of
such Advocate-General to give advice to the Government of such Union Territory
upon such legal matters and to perform such other duties of a legal character,
as may from time to time be referred or assigned to him by the said Government,
and to discharge the functions conferred on him by or under the Constitution or
any other law for the time being in force.
(3) In the performance of
his duties, the Advocate-General shall have the right of audience in all courts
in the Union Territory of Jammu and Kashmir.
(4) The Advocate-General
shall hold office during the pleasure of the Lieutenant Governor and receive
such remuneration as the Lieutenant Governor may determine.
Part X
AUTHORISATION
OF EXPENDITURE AND DISTRIBUTION OF REVENUES
Section 80. Authorisation of
expenditure of Union Territory of Jammu and Kashmir.
The Governor of existing State of
Jammu and Kashmir may, at any time before the appointed day, authorise such
expenditure from the Consolidated Fund of the Union Territory of Jammu and
Kashmir as he deems necessary for any period not more than six months beginning
with the appointed day pending the sanction of such expenditure by the
Legislative Assembly of the Union Territory of Jammu and Kashmir:
Provided that the Lieutenant
Governor of Union Territory of Jammu and Kashmir may, after the appointed day,
authorise such further expenditure as he deems necessary from the Consolidated
Fund of the Union Territory of Jammu and Kashmir for any period not extending
beyond the said period of six months.
Section 81. Authorisation of
expenditure of Union Territory of Ladakh.
The Governor of existing State of
Jammu and Kashmir may, at any time before the appointed day, authorise such
expenditure from the Consolidated Fund of Union Territory of Jammu and Kashmir
as he deems necessary for any period not more than six months beginning with
the appointed day pending the sanction of such expenditure by the Parliament:
Provided that the President may,
after the appointed day, authorise such further expenditure as he deems
necessary from the Consolidated Fund of India for any period not extending
beyond the said period of six months.
Section 82. Reports relating to
accounts of Jammu and Kashmir State.
(1) The reports of the
Comptroller and Auditor-General of India referred to in clause (2) of Article
151 relating to the accounts of the existing State of Jammu and Kashmir in
respect of any period prior to the appointed day shall be submitted to the
Lieutenant Governors of the successor Union Territory of Jammu and Kashmir, and
Union Territory of Ladakh.
(2) The Lieutenant Governor
of Jammu and Kashmir, thereafter shall cause the reports to be laid before the
Legislature of the Union Territory of Jammu and Kashmir.
(3) The Lieutenant Governor
of Jammu and Kashmir may by order-
(a) declare any expenditure
incurred out of the Consolidated Fund of Jammu and Kashmir on any service in
respect of any period prior to the appointed day during the financial year or
in respect of any earlier financial year in excess of the amount granted for
that service and for that year as disclosed in the reports referred to in
sub-section (1) to have been duly authorised; and
(b) provide for any action
to be taken on any matter arising out of the said reports.
Section 83. Distribution of revenue.
(1) The award made by the Fourteenth
Finance Commission to the existing State of Jammu and Kashmir shall be
apportioned between the successor Union Territory of Jammu and Kashmir; and
Union Territory of Ladakh by the Central Government on the basis of population
ratio and other parameters:
Provided that on the appointed day,
the President shall make a reference to the Union Territories Finance
Commission to take into account the resources available to the successor Union
Territory of Ladakh and make separate award for the successor Union Territory
of Ladakh:
Provided further that on the
appointed day, the President shall make a reference to the Fifteenth Finance
Commission to include Union Territory of Jammu and Kashmir in its Terms of
Reference and make award for the successor Union Territory of Jammu and
Kashmir.
(2) Notwithstanding anything
in sub-section (1), the Central Government may, having regard to the resources
available to the successor Union Territory of Ladakh make appropriate grants
and also ensure that adequate benefits and incentives in the form of special
development package are given to the backward areas of this region.
Part XI
APPORTIONMENT
OF ASSETS AND LIABILITIES
Section 84. Application of this Part.
(1) The provisions of this
Part shall apply in relation to the apportionment of the assets and liabilities
of the existing State of Jammu and Kashmir immediately before the appointed
day, between the successor Union Territory of Jammu and Kashmir and successor
Union Territory of Ladakh.
(2) The apportionment of the
assets and liabilities of the existing State of Jammu and Kashmir shall be
subject to the recommendations of a committee constituted by the Central
Government.
(3) The process of
apportionment shall be completed within a period of twelve months from the
appointed day.
Part XII
PROVISIONS
AS TO CERTAIN CORPORATIONS AND ANY OTHER MATTERS
Section 85. Advisory Committee(s).
(1) The Central Government
may by order, establish one or more Advisory Committees within a period of 90
days from the appointed day, for the purposes of:
(a) apportionment of assets,
rights and liabilities of the companies and corporations constituted for the
existing State of Jammu and Kashmir between Union Territory of Jammu and
Kashmir and Union Territory of Ladakh;
(b) issues relating to
Continuance of arrangements in regard to generation and supply of electric
power and supply of water;
(c) issues related to Jammu
and Kashmir State Financial Corporation;
(d) issues related to
Companies constituted for the existing state of Jammu and Kashmir regarding the
division of the interests and shares and reconstitution of Board of Directors;
(e) issues related to
facilities in certain State Institutions; and
(f) issues related to any
other matters not covered under this section.
(2) The committees so
appointed under sub-section (1) of this section, shall submit their reports
within six months to the Lieutenant Governor of Union Territory of Jammu and
Kashmir, who shall act on the recommendations of such committees within a
period of 30 days from the date of receiving such reports.
Section 86. Temporary provisions as
to continuance of certain existing road transport permits.
(1) Notwithstanding anything
contained in Section 88 of the Motor Vehicles Act, 1988, a permit granted by
the State Transport Authority of the existing State of Jammu and Kashmir or any
Regional Transport Authority in that State shall, if such permit was,
immediately before the appointed day, valid and effective in any area in the
transferred territory, be deemed to continue to be valid and effective in that
area after that day till its period of validity subject to the provisions of
that Act as for the time being in force in that area; and it shall not be
necessary for any such permit to be countersigned by the Transport Authority of
any of Union Territory or any Regional Transport Authority therein for the
purpose of validating it for use in such area:
Provided that the Lieutenant
Governor may add to amend or vary the conditions attached to the permit by the
Authority by which the permit was granted.
(2) No tolls, entrance fees
or other charges of a like nature shall be levied after the appointed day in
respect of any transport vehicle for its operations in any of the successor
Union Territories under any such permit, if such vehicle was, immediately
before that day, exempt from the payment of any such toll, entrance fees or
other charges for its operations in the transferred territory:
Provided that the Central Government
may, after consultation with the Government of Union Territory of Jammu and
Kashmir or the administration of Union Territory of Ladakh, as the case may be,
authorise the levy of any such toll, entrance fees or other charges, as the
case may be:
Provided further that the provisions
of this sub-section shall not be applicable where any such tolls, entrance fees
or other charges of a like nature are leviable for the use of any road or
bridge which is constructed or developed for commercial purpose by the State
Government, an undertaking of the State Government, a joint undertaking in
which the State Government is a shareholder or the private sector.
Section 87. Special provision as to
income tax.
Where the assets, rights and
liabilities of any body corporate carrying on business are, under the
provisions of this Part, transferred to any other bodies corporate which after
the transfer carry on the same business, the losses or profits or gains
sustained by the body corporate first-mentioned which, but for such transfer,
would have been allowed to be carried forward and set off in accordance with
the provisions of Chapter VI of the Income Tax Act, 1961 (43 of 1961), shall be
apportioned amongst the transferee bodies corporate in accordance with the
rules to be made by the Central Government in this behalf and, upon such
apportionment, the share of loss allotted to each transferee body corporate
shall be dealt with in accordance with the provisions of Chapter VI of the said
Act, as if the transferee body corporate had itself sustained such loss in a
business carried on by it in the years in which those losses were sustained.
Part XIII
PROVISIONS
AS TO SERVICES
Section 88. Provisions relating to
All-India Services.
(1) In this section, the
expression ?State cadre?-
(a) in relation to the
Indian Administrative Service, has the same meaning assigned to it in the
Indian Administrative Service (Cadre) Rules, 1954 (IAS (Cadre) rules, 1954);
(b) in relation to the
Indian Police Service, has the same meaning assigned to it in the Indian Police
Service (Cadre) Rules, 1954 (IPS (Cadre) rules, 1954); and
(c) in relation to the
Indian Forest Service, has the same meaning assigned to it in the Indian Forest
Service (Cadre) Rules, 1966 (IFS (Cadre) rules, 1966).
[(2) The members of the
Indian Administrative Service, Indian Police Service and Indian Forest Service
for the existing cadre of Jammu and Kashmir, shall be borne and become part of
the Arunachal Pradesh, Goa, Mizoram and Union territories cadre, and all future
allocations of All India Services Officers for the Union territory of Jammu and
Kashmir and Union territory of Ladakh shall be made to Arunachal Pradesh, Goa,
Mizoram and Union territories cadre for which necessary modifications may be
made in corresponding cadre allocation rules by the Central Government.
(3) ? The officers so borne or allocated on
Arunachal Pradesh, Goa, Mizoram and Union territories cadre shall function in
accordance with the rules framed by the Central Government.]
Section 89. Provisions relating to
other services.
(1) Every person who
immediately before the appointed day is serving on substantive basis in connection
with the affairs of the existing State of Jammu and Kashmir shall, on and from
that day provisionally continue to serve in connection with the affairs of the
Union Territory of Jammu and Kashmir and Union Territory of Ladakh, by general
or special order of the Lieutenant Governor of Union Territory of Jammu and
Kashmir:
Provided that every direction under
this sub-section issued after the expiry of a period of one year from the
appointed day shall be issued with the consultation of the Government or
Administration of the successor Union Territories, as the case may be.
(2) As soon as may be after
the appointed day, the Lieutenant Governor of Jammu and Kashmir shall, by
general or special order, determine the successor Union Territory to which
every person referred to in sub-section (1) shall be finally allotted for
service, after consideration of option received by seeking option from the
employees, and the date with effect from which such allotment shall take effect
or be deemed to have taken effect:
Provided that even after the
allocation has been made, Lieutenant Governor of Union Territory of Jammu and
Kashmir may in order to meet any deficiency in the service, depute officers
from one successor Union Territory to the other Union Territory.
(3) Every person who is
finally allotted under the provisions of sub-section (2) to a successor Union
Territory shall, if he is not already serving therein, be made available for
serving in the successor Union Territory from such date as may be agreed upon
between the Government of the successor Union Territory of Jammu and Kashmir
and Administration of Union Territory of Ladakh, or, in default of such
agreement, as may be determined by the Central Government:
Provided that the Central Government
shall have the power to review any of its orders issued under this section.
Section 90. Other provisions
relating to services.
(1) Nothing in this section
or in Section 89 shall be deemed to affect, on or after the appointed day, the
operation of the provisions of Chapter I of Part XIV of the Constitution in
relation to determination of the conditions of service of persons serving in
connection with the affairs of the Union or any Union Territory:
Provided that the conditions of
service applicable immediately before the appointed day in the case of any
person deemed to have been allocated to the Union Territory of Jammu and
Kashmir or Union Territory of Ladakh under Section 89 shall not be varied to
his disadvantage except with the previous approval of the Lieutenant Governor.
(2) All services prior to
the appointed day rendered by a person,-
(a) if he is deemed to have
been allocated to any Union Territory under Section 89, shall be deemed to have
been rendered in connection with the affairs of that Union Territory;
(b) if he is deemed to have
been allocated to the Union in connection with the administration of the
successor Union Territory, shall be deemed to have been rendered in connection
with the affairs of the Union, for the purposes of the rules regulating his
conditions of service.
(3) The provisions of
Section 89 shall not apply in relation to members of any All-India Service.
Section 91. Provisions as to
continuance of officers in same post.
Every person who, immediately before
the appointed day, is holding or discharging the duties of any post or office
in connection with the affairs of the existing State of Jammu and Kashmir in
any area which on that day falls within one of the successor Union Territory
shall continue to hold the same post or office in that successor Union
Territory, and shall be deemed, on and from that day, to have been duly
appointed to the post or office by the Government of, or other appropriate
authority in, that successor Union Territory:
Provided that nothing in this
section shall be deemed to prevent a competent authority, on and from the
appointed day, from passing in relation to such person any order affecting the
continuance in such post or office.
Section 92. Provision for employees
of Public Sector Undertakings, etc..
On and from the appointed day, the
employees of State Public Sector Undertakings, corporations and other
autonomous bodies shall continue to function in such undertaking, corporation
or autonomous bodies for a period of one year and during this period the
corporate body concerned shall determine the modalities for distributing the
personnel between the successor Union Territories.
Section 93. Provisions as to State
Public Service Commission.
(1) The Public Service
Commission for the existing State of Jammu and Kashmir shall, on and from the
appointed day, be the Public Service Commission for the Union Territory of
Jammu and Kashmir.
(2) The Union Public Service
Commission, with the approval of the President, shall serve the needs of the
Union Territory of Ladakh.
(3) The persons holding
office immediately before the appointed day as the Chairman or other member of
the Public Service Commission for the existing State of Jammu and Kashmir
shall, as from the appointed day, be the Chairman or, as the case may be, the
other member of the Public Service Commission for the Union Territory of Jammu
and Kashmir.
(4) Every person who becomes
the Chairman or other member of the Public Service Commission for the Union
Territory of Jammu and Kashmir on the appointed day under sub-section (3) shall
be entitled to receive from the Government of the Union Territory of Jammu and
Kashmir, conditions of service not less favourable than those to which he was
entitled under the provisions applicable to him.
(5) The report of the Jammu
and Kashmir Public Service Commission as to the work done by the Commission in
respect of any period prior to the appointed day shall be presented to the
Lieutenant Governor of the Union Territory of Jammu and Kashmir, and the
Lieutenant Governor of the Union Territory of Jammu and Kashmir shall, on
receipt of such report, cause a copy thereof together with a memorandum
explaining as far as possible, 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 of the Union Territory of Jammu and Kashmir.
Part XIV
LEGAL
AND MISCELLANEOUS PROVISIONS
Section 94. Amendment of Section 15
of Act 37 of 1956.
On and from the appointed day, in
Section 15 of the States Reorganisation Act, 1956, in clause (a), for the words
?Jammu and Kashmir? the words ?Union Territory of Jammu and Kashmir and Union
Territory of Ladakh? shall be substituted.
Section 95. Territorial extent of
laws.
(1) All Central laws in
Table 1 of the Fifth Schedule to this Act, on and from the appointed day, shall
apply in the manner as provided therein, to the Union Territory of Jammu and
Kashmir and Union Territory of Ladakh.
(2) All other laws in Fifth
Schedule, applicable to existing State of Jammu and Kashmir immediately before
the appointed day, shall apply in the manner as provided therein, to the Union
Territory of Jammu and Kashmir and Union Territory of Ladakh.
Section 96. Power to adapt laws.
For the purpose of facilitating the
application in relation to the successor Union Territories, of any law made before
the appointed day, as detailed in Fifth Schedule to this Act, the Central
Government may, before the expiration of one year from that day, by order, make
such adaptations and modifications of the law, whether by way of repeal or
amendment, as may be necessary or expedient, and thereupon every such law shall
have effect subject to the adaptations and modifications so made until altered,
repealed or amended by a competent Legislature or other competent authority.
Section 97. Power to construe laws.
Notwithstanding that no provision or
insufficient provision has been made under Section 96 for the adaptation of a
law made before the appointed day, any court, tribunal or authority, required
or empowered to enforce such law may, for the purpose of facilitating its
application in relation to the Union Territory of Jammu and Kashmir or Union
Territory of Ladakh, construe the law in such manner, without affecting the
substance, as may be necessary or proper in regard to the matter before the
court, tribunal or authority.
Section 98. Power to name
authorities, etc., for exercising statutory functions.
The Lieutenant Governor, as respects
the concerned territory may, by notification in the Official Gazette, specify
the authority, officer or person who, on or after the appointed day, shall be
competent to exercise such functions exercisable under any law in force on that
day as may be mentioned in that notification and such law shall have effect
accordingly.
Section 99. Legal proceedings.
Where, immediately before the
appointed day, the existing State of Jammu and Kashmir is a party to any legal
proceedings with respect to any property, rights or liabilities subject to
apportionment among the successor Union Territories under this Act, the Union
Territory of Jammu and Kashmir or the Union Territory of Ladakh which succeeds
to, or acquires a share in, that property or those rights or liabilities by
virtue of any provision of this Act shall be deemed to
be substituted for the existing State of Jammu and Kashmir or added
as a party to those proceedings, and the proceedings may continue accordingly.
Section 100. Transfer of pending
proceedings.
(1) Every proceeding pending
immediately before the appointed day before a court (other than High Court),
tribunal, authority or officer in any area which on that day falls within the
State of Jammu and Kashmir shall, if it is a proceeding relating exclusively to
the territory, which as from that day are the territories of any Union
Territory, stand transferred to the corresponding court, tribunal, authority or
officer of that Union Territory.
(2) If any question arises
as to whether any proceeding should stand transferred under sub-section (1), it
shall be referred to the common High Court of Jammu and Kashmir and the
decision of that High Court shall be final.
(3) In this section-
(a) proceeding includes any
suit, case or appeal; and
(b) corresponding court,
tribunal authority or officer in any of Union Territory means-
(i) the court, tribunal,
authority or officer in which, or before whom, the proceeding would have laid
if it had been instituted after the appointed day; or
(ii) in case of doubt, such
court, tribunal, authority, or officer in that Union Territory, as may be
determined after the appointed day by the Government or administration of that
Union Territory, or the Central Government, as the case may be, or before the
appointed day by the Government of the existing State of Jammu and Kashmir to
be the corresponding court, tribunal, authority or officer.
Section 101. Right of pleaders to practise
in certain cases.
Any person who, immediately before
the appointed day, is enrolled as a pleader entitled to practise in any
subordinate court in the existing State of Jammu and Kashmir shall, for a
period of one year from that day, continue to be entitled to practise in those
courts, notwithstanding that the whole or any part of the territories within
the jurisdiction of those courts has been transferred to any of the Union
Territories.
Section 102. Effect of provisions of
the Act inconsistent with other laws.
The provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained in any
other law.
Section 103. Power to remove
difficulties.
(1) If any difficulty arises
in giving effect to the provisions of this Act, the President may, by order do
anything not inconsistent with such provisions which appears to him to be
necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be
made after the expiry of a period of five years from the appointed day.
(2) Every order made under
this section shall be laid before each House of Parliament.
THE FIRST SCHEDULE
(See Section
9)
Union
Territory of Jammu and Kashmir
Members
of Council of State
|
S. No.
|
Name of the sitting Member
|
Term
|
|
1.
|
Fayaz Mir Mohammad
|
11-2-2015 to 10-2-2021
|
|
2.
|
Laway Shri Nazir Ahmed
|
16-2-2015 to 15-2-2021
|
|
3.
|
Manhas Shri Shamsher Singh
|
11-2-2015 to 10-2-2021
|
|
4.
|
Ghulam Nabi Azad
|
16-2-2015 to 15-2-2021
|
THE SECOND SCHEDULE
[See Section
11(1)]
Amendments
to the Delimitation of Parliamentary Constituencies Order, 1976
Union
Territory of Jammu and Kashmir
Parliamentary
Constituencies
|
S. No.
|
Name of the Constituency
|
Extent of Constituency
|
|
1.
|
Baramulla
|
Baramulla District
|
|
2.
|
Srinagar
|
Srinagar District
|
|
3.
|
Anantnag
|
Anantnag District
|
|
4.
|
Udhampur
|
Udhampur, Doda and Kathua
Districts
|
|
5.
|
Jammu
|
Jammu, Rajouri and Poonch Districts
|
Union
Territory of Ladakh
Parliamentary
Constituency
|
Sl. No.
|
Name of the Constituency
|
Extent of Constituency
|
|
1.
|
Ladakh
|
Ladakh District
|
|
Note.(i)
|
Any reference in this Schedule to
a district shall be taken to mean the area comprised within that district on
the 1st day of August, 1975.
|
|
(ii)
|
As per details included in
Delimitation of Parliamentary and Assembly Constituencies Order, 1976 under
Articles 81 & 82 of the Constitution of India as applied to the State of
Jammu and Kashmir by the Constitution (Application to J&K) Order, 1954
(C.O. 48).
|
THE THIRD SCHEDULE
[See Section
14(5)]
Amendments
to the Delimitation of Assembly Constituencies Order, 1995
Union Territory
of Jammu and Kashmir
Assembly
Constituencies
|
S. No.
|
Name of the Assembly Constituency
|
Extent
|
|
1
|
2
|
3
|
|
KUPWARA DISTRICT
|
|
1
|
Karnah
|
All PCs of Tehsil Karnah; PC Keran
of Tehsil Kupwara.
|
|
2.
|
Kupwara
|
PCs 18-Sulakot, 20-Radabug,
22-Bumhama, 23-Drugmulla, 25-Gushi, 26-Batergam, 27-Dadikoot, 30-Gulgam,
31-Harrai, 32-Hayan, 33-Trehgam, 34-Guglose, 35-Kralpora, 36-Guzeryal,
37-Gundizona-Reshi, 38-Panzgam, 39-Meelyal, 40-Shooloora,
41-Dardihairi-Kharagund, 42-Kupwara and P.C. 55-Manzgam in Tehsil Handwara.
|
|
3.
|
Lolab
|
PCs 1-Harduring, 2-Chontiwari,
3-Machil, 4-Kalaroch, 5-Khumrayal, 6-Kanthpora, 7-Wawoora, 8-Maidanpora,
9-Khurhama, 10-Warnow, 11-Krusan, 12-Sogam, 13-Darapora, 14-Lalpora,
15-Chandigam, 16-Tekipora, 17-Dewar Inderbug, 19-Manigah, 29-Haihama,
45-Dardapora in Kupwara Tehsil.
|
|
4.
|
Handwara
|
PCs 8-Maidan Chogal, 28-Taratpora,
29-Wilgam, 30-Lilam, 31-Dulipora, 32-Opzawani, 33-Shogapora, 34-Neelipora,
35-Magam, 36-Jagarpora, 39-Behnipora, 40-Rajpora, 41-Zachaldara, 42-Wadder,
43-Turkapora, 44-Chanjimulla, 45-Wadipora, 46-Bhaki Akhar, 47-Batakoot,
48-Braripora, 49-Waripora Gonipora, 50-Nutanoosa, 51-Kandikhas, 52-Handwara;
53-Dhama, 54-Panchakoot in Tehsil Handwara; and 21-Kegam, 28-Nagrimalpora,
24-Najatpora in Tehsil Kupwara.
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|
5.
|
Langate
|
PCs 1-Langate, 2-Unusu,
3-Pohrupeth, 4-Glura, 5-Martgam, 6-Hanga, 7-Shanoo, 9-Nowgam, 10-Mawar,
11-Qalamchakla, 12-Adura, 13-Haril, 14-Drangsoo-Shah-Nagri, 15-Udipora,
16-Kralagund, 17-Lokipora, 18-Kichlo Qazipora, 19-Khaipora, 20-Panditpora,
21-Super-Nagam, 22-Ashapora, 23-Safalpora, 24-Kralpora, 25-Deedarpora,
26-Shathgund-Balla, 27-Rawalpora, 37-Wasiakawnar, 38-Lachampora in Tehsil
Handwara.
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|
|
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BARAMULLA DISTRICT
|
|
6.
|
Uri
|
All PCs in Tehsil Uri.
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|
7.
|
Rafiabad
|
PCs 11-Chakloo, 12-Nadihal,
13-Shitloo, 15-Biner Kahdoora in Tehsil Baramulla; and
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|
|
|
PCs 5-Nowpora Kalan, 8-Watergam,
9-Fidarpora, 10-Handipora, 11-Yarbug, 12-Riban-Ramhama, 13-Ladora, 14-Rehama,
15-Chijahama, 16-Wanpora, 17-Panzalla-Gundabal, 18-Sailkoot,
19-Balhama-Thakanpora, 20-Chatoosa, 21-Dangiwacha, 22-Rawacha,
23-Harduchanam, 24-Bakshipora-Batapora, 25-Zithan, 36-Behrampora,
37-Chitlora, 38-Achabal in Tehsil Sopore.
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|
8.
|
Sopore
|
PCs 1-Sopore with NAC, 2-Warapora,
3-Arampora, 4-Dangerpora, 6-Watalab, 32-Seeloo, 33-Botingoo, 34-Mundji, 35-Duroo,
39-Hardu-Shiva, 41-Aadipora-Bomai, 42-Wadoora, 40-Tujar-Pahlihar, 43-Harwan,
44-Zaloora in Tehsil Sopore.
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9.
|
Gurez
|
All PCs in Tehsil Gurez.
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|
10.
|
Bandipora
|
All PCs in Tehsil Bandipora; and
PC 1-Ajas of Tehsil Sonawari.
|
|
11.
|
Sonawari
|
All PCs in Tehsil Sonawari
excluding PC 1-Ajas.
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|
12.
|
Sangrama
|
PCs 16-Kreeri, 17-Wizar,
18-Authora, 19-Shalakawara, 20-Nowpora-Jagir, 21-Wagoora, 22-Kachumuqam,
24-Manigam, 25-Kalantara-Balla, 26-Dandmoh, 27-Sultanpora-Kandi in Tehsil
Baramulla; and 7-Tarzoo, 26-Hygam, 27-Seer-Jagir, 28-Bulagam, 29-Sangrama,
30-Krank-Shivan, 31-Wagub in Tehsil Sopore.
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|
13.
|
Baramulla
|
PCs 1-Laridora, 2-Heewan, 30
Malapora, 4-Kich-Hama, 50-Ushkara, 6-Khanpora with NAC, 7-Khaja-Bagh,
8-Taki-Sultan, 9-Khaitangan, 10-Delina, 14-Kansipora, 23-Chandoosa in Tehsil
Baramulla.
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|
14.
|
Gulmarg
|
All PCs in Teshil Gulmarg; and
2-Wailoo Kralpora, 8-Sriwarpora, 9-Chokar, 10-Waripora-Bangil, 12-Malmoh,
13-Nowlari, 16-Yal in Tehsil Pattan.
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|
15.
|
Pattan
|
Tehsil Pattan excluding
2-Wailoo-Kralpora, 8-Sriwarapora, 9-Chokar, 10-Waripora Bangil, 12-Malmoh,
13-Nowlari and 16-Yal.
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|
SRINAGAR DISTRICT
|
|
16.
|
Kangan
|
All PCs of Tehsil Kangan; and PCs
-Manigam, 2-Wailoo, 3-Nunar in Tehsil Ganderwal.
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|
17.
|
Ganderbal
|
Tehsil Ganderbal excluding
1-Manigam, 2-Wailoo, 3-Nunar and P.C. Haran in Srinagar Tehsil.
|
|
18.
|
Hazratbal
|
Ward 16 in Srinagar Municipality
(excluding Municipal areas not falling in Srinagar Tehsil but falling in
Ganderbal Tehsil) and PC 9-Bachpora in Tehsil Ganderbal and Wards 17 and 12
except the following Mohallas of Ward 12; Mugal Mohalla, Surateng,
Khawjapora, Kocha Nidan, Zindashah and boat population of these wards.
|
|
19.
|
Zadibal
|
Wards 14 and 15 in Srinagar
Municipality and boat population of Anchar and of the ghats of these wards.
|
|
20.
|
Idgah
|
Wards 8 and 11 in Srinagar
Municipality and P.C. 38-Palpora and 41-Sangam in Srinagar Tehsil.
|
|
21.
|
Khanyar
|
Wards 10-13 of Srinagar
Municipality and the following mohallas of Ward 12-Mugal Mohalla, Surateng,
Khawjapora, Zindshah and Kocha Nidan and boat population of these wards.
|
|
22.
|
Habbakadal
|
Wards 7 and 9 in Srinagar
Municipality and boat population of Wards 6, 7 and 9.
|
|
23.
|
Amirakadal
|
Wards 3 and 4 in Srinagar
Municipality excluding (i) Natipora (rural), (i) Rawalpora (rural), (i)
Hyderpora (rural);
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|
|
|
and excluding Aramwari, Gund
Chandal, Stingoo, Sutho Kirther Bagh in Tehsil Chadoora and Watdoor,
Galwanpora Laloo and Shesgam Bagh in Tehsil Badgam and boat population of
these wards and of Ward 5.
|
|
24.
|
Sonawar
|
Wards 1 and 2 in Srinagar
Municipality and Badamibagh Cantonment and PC 21-Chitrahama, 19-Dara,
29-Khunmu, 30-Balhama, 31-Zewan in Tehsil Sringar and boat population of
ghats in these wards.
|
|
25.
|
Batamaloo
|
Wards 5 and 6 in Srinagar
Municipality; and PCs 6-Mujgund, 42-Bachipora Tengpora in Srinagar Tehsil.
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|
BUDGAM DISTRICT
|
|
26.
|
Chadoora
|
The following Patwar Circles of
Tehsil Chadoora, 16-Chadoora, 24-Chattergam, 25-Wagora, 26-Wathura,
27-Khanda, 28-Bugam Batapora, 29-Kralpora, 30-Hayatpora, 31-Pohroo, 32-Rakh
Shalina, 33-Bagati Kanipora, 34-Nowgam, 35-Kanihama, 36-Daulatpora,
38-Natipora rural area outside Srinagar Municipal limits in Ward 4 and
39-Lasjan and Aramwari, Gund, Chandal Stengoo, Suthoo, Kirtherbagh and
40-Kursu Padshahibagh.
|
|
27.
|
Badgam
|
PCs 1-Soibugh, 2-Dhrmana,
3-Wahabpora, 4-Arth, 5-Wadwan, 6-Bemina, 7-Pallar, 8-Garriend Kalan,
9-Sholipra, 10-Nassar-ullah-Pora, 11-Jahama, 12-Water-Wani, 28-Chune,
29-Badgam, 30-Ompora 31-Narkara, 32-Humhama, 35-Karewa Damodar,
36-Gund-Sathu, 37-Ichakoot, 38-Ichgam, 33-Rawalpora (rural), 34-Hyderpora
(rural) in Badgam Tehsil.
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|
28.
|
Beerwah
|
PCs 1-Suzeth-Gooripora, 2-Kawoosa
Khalisa, 3-Kawoosa Jagir, 4-Batapora Kahihama, 5-Sanoor-Kalipora, 6-Hardu
Malpora, 7-Bandagam, 8-Utligam, 9-Mula-Shulla, 10-Sonapah, 12-Gondipora,
21-Shanglipora, 22-Khag, 23-Malpora Khag, 24-Himchipora, 25-Lalpora,
26-Beerwah, 27-Chewdara, 28-Peth Mukahama, 29-Rathusun, 30-Bona Makhama,
31-Nagam, 32-Iskanderpora, 33-Aripanthan, 34-Palpora, 36-Hardua-Shorsh in
Tehsil Beerwah.
|
|
29.
|
Khansahib
|
PCs 1-Hokhalatri, 13-Phartahn,
14-Kandoora, 15-Drahg, 16-Sitaharan, 17-Zogikharian, 18-Arizal, 19-Qamroo,
20-Rawalpora-Beerwah; and PC 35-Sail in Tehsil Berwah; and PCs 13-Waterhail,
14-Jawalapora, 15-Sondipora, 16-Dalipora, 17-Yari Khah, 18-Talapora,
19-Parnawah, 20-Drayagram, 21-Frestwar Khasipora, 22-Arigam, 23-Khan Sahib,
24-Raithan, 25-Kachwari, 26-Gurwait Kalan, 27-Falchall in Tehsil Budgam.
|
|
30.
|
Chrar-i-Sharief
|
PCs 1-Gogji Pathari, 2-Brinjan,
3-Hafroo Batapora, 4-Branawar, 5-Surasyar, 6-Dada-Ompara, 7-Hanjura,
8-Nowpora, 9-Pakharpora, 10-Hardu Dalwan Futlipora, 11-Teelsarah,
12-Chrar-i-Sharief, 13-Watkaloo, 14-Darawan Nowgam, 15-Chtsesn, 17-Nagam,
18-Badipora, 19-Yarikalan, 20-Ropora Namtihal, 21-Kanir, 22-Ranger, 23-Sogam,
37-Nowhar in Tehsil Chadoora.
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|
PULWAMA DISTRICT
|
|
31.
|
Tral
|
All PCs in Tehsil Tral.
|
|
32.
|
Pampore
|
All PCs in Tehsil Pampore and
Patwar Circles 26-Awantipora, 27-Padgampora, 29-Lilhar, 46-Nihama,
47-Kakapora in Tehsil Pulwama.
|
|
33.
|
Pulwama
|
PCs 1-Inder, 2-Gangoo, 5-Pulwama
with NAC, 9-Ratnipora, 10-Pahoo, 11-Trich, 12-Koil, 13-Pinglina, 14-Narwa,
17-Litter-Shistar, 18-Nayina, 19-Panzgam, 20-Dogripora, 21-Rishipora,
22-Laderpur, 23-Nownagri, 24-Tokna, 25-Malangpora, 28-Lajoora, 40-Palapora,
45-Newa, 48-Jagir Parigam, 49-Tumchi Nowpora, 50-Hakripora in Tehsil Pulwama.
|
|
34.
|
Rajpora
|
PCs 3-Karimabad, 4-Moran,
6-Kangan, 7-Wahibugh, 8-Gosoo, 15-Bonarah, 16-Trichal, 30-Ramoo,
31-Billowdergund, 32-Qasbayar, 33-Drubgam, 34-Mitrigam, 35-Abhama, 36-Trujan,
37-Khaigam, 38-Noorpora Payeen, 39-Arihal, 41-Tahab-Shadipora, 42-Achan,
43-Chandigam, 44-Rajpora in Tehsil Pulwama.
|
|
35.
|
Wachi
|
PCs 8-Kalroo Malikgund, 9-Nadigam,
11-Dangerpora, 12-Turka Wangam, 13-Urapora, 14-Hardu-Handow, 15-Harmain,
16-Chak-Chowand, 17-Kapran, 19-Dangam, 20-Chakora, 21-Pratabpora,
24-Kanji-Ullar, 25-Chitragam, 26-Darikalpora, 27-Hef, 28-Sugan, 29-Awnera,
30-Wachi, 31-Aglar, 32-Zainapora, and 39-Allowpora-Sheikhpora in Tehsil
Shopian.
|
|
36.
|
Shopian
|
PCs 1-Saidapora, 2-Meemandar,
3-Arhama, 4-Pinjoora, 5-Ganowpora Arish, 6-Bemnipora, 7-Harapora, 10-Trenz,
18-Vehilchal-Awatoo, 22-Sedew, 23-Ram Nagri, 33-Diyaroo, 34-Barthipora,
35-Daramdoora, 36-Zoora-Baderhama, 37-Narapora, 38-Keegam, 40-Keller
Mastpora, 41-Pahlipora, 42-Sindhu-Shrimal, 43-Shopian, 44-Devipora (forest
block) in Tehsil Shopian.
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|
ANANTNAG DISTRICT
|
|
37.
|
Noorabad.
|
PCs 5-Malwan, 6-Pahloo, 7-Akhal,
23-Gudder, 34-Brinal Lamber, 46-Damhal-Hanjipora, 47-Ahmada-Abad, 48-Yaroo,
49-Hardu-Mandagori, 51-Manzgam, 52-Asnoor, 53-Wattoo, 54-Avil,
55-Khuri-Batapora, 56-Nagam, 57-Danow-Kandimarg, 58-Bdi-Jehalan, 59-Chimar,
60-Qasba Khul, 61-Nandimarg in Tehsil Kulgam.
|
|
38.
|
Kulgam
|
PCs 1-Kulgam with NAC,
2-Hanad-Chawalgam, 3-Amnoo, 4-Chamabagund, 11-Ashmuji, 19-Mirhama, 20-Akey,
21-Pariwan, 22-Chehla, 24-Areh, 25-Bihibagh, 26-Gopalpora, 38-Bugam,
39-Tarigam-Devsar, 43-Yamroch, 44-Munand-Guffan, 45-Katersoo, 50-Largurhama
in Tehsil Kulgam.
|
|
39.
|
Home-Shalibugh
|
PCs 8-Uranhal, 9-Tuli-Nowpora,
10-Kujar, 12-Redwani, 13-Arwani, 14-Frisal, 15-Jablipora, 16-Wanpora,
17-Hassanpora Tavela, 18-Khandi-Phari, 40-Tarigam-Devibugh, 41-Matibugh,
42-Homshalibugh in Tehsil Kulgam.
|
|
40.
|
Anantnag
|
PCs 1-Qasba Bhagat, 2-Khanabal,
3-Roohoo, 4-Kamar, 5-Anchidoora, 6-Hardu-Chichan, 10-Ranbirpora in Tehsil
Anantnag.
|
|
41.
|
Devsar
|
PCs 27-Devsar, 28-Bona Devsar,
29-Kilam-Buzgam, 30-Hablishi, 31-Nipora, 32-Laram-Ganipora, 33-Chowgam,
35-Razloo, 36-Waitengu, 37-Sopat Tengpora, 62-Oral in Tehsil Kulgam; and
|
|
|
|
PCs 18-Vesoo, 19-Nasoo-Badargund,
20-Panzeth, 21-Kurigam, 23-Qazigund with NAC in Doru Tehsil.
|
|
42.
|
Doru
|
PCs 1-Doru, 2-Bragam,
3-Oibamdooth, 4-Mantpora, 5-Larkipora, 6-Hakura, -Badasgam, 7-Batgund,
8-Verinag, 9-Sadiwara, 10-Mundah, 11-Hiller, 12-Nowgam Shahabad,
13-Rain-Chowgund, 14-Thamankoot, 15-Qamar, 16-Halsidar, 17-Kapron, 22-Wangund
in Tehsil Doru.
|
|
43.
|
Kokernag
|
PCs 28-Saagam, 29-Bider-Hayatpora,
30-Bhai, 31-Akingam, 32-Nagam, 33-Soof-Shali, 34-Panzgam, 35-Bindo-Zulangam,
36-Devalgam, 37-Nalla-Sund-Brari, 38-Lohar-Sanzi, 39-Ahlan-Gadol,
40-Kharatti, 41-Desoo, 42-Kharapora, 43-Qasba-Nowbugh, 44-Mati Hundoo,
45-Larnoo, 46-Kokernag NAC, 47-Achabal NAC in Tehsil Anantnag.
|
|
44.
|
Shangus
|
PCs 13-Sahibabad, 14-Nowgam,
15-Imoh, 16-Brakapora, 17-Shangus, 18-Uttarsoo, 19-Kreri, 20-Chatergul,
21-Ghikalpora, 22-Ranipora, 23-Detho-Nagnarian, 24-Gopalpora, 25-Telwani,
26-Kwarigam, 27-Ahupaisan in Tehsil Anantnag.
|
|
45.
|
Bijbehara
|
All PCs in Tehsil Bijbehara and
PCs 7-Macha Bawan, 11-Nanilang, 12-Akora in Tehsil Anantnag.
|
|
46.
|
Pahalgam
|
All PCs in Tehsil Pahalgam and PCs
8-Seer-Kanligund, 9-Salia in Tehsil Anantnag.
|
|
DODA DISTRICT
|
|
47.
|
Kishtwar
|
PCs 1-Marghi, 2-Inshan, 3-Yerudu,
4-Renai, 5-Nowpachi, 6-Chanjer, 7-Qaderana, 8-Deharana, 9-Lopara, 10-Loharna,
11-Soundhar, 19-Palmar, 30-Trigam, 31-Kishtwar, 32-Matta, 33-Poochal,
34-Dool, 35-Bhagnah, 36-Galarbahta, 37-Atholi, 38-Sohal, 39-Ishtiari, 40-Gulabgarh,
41-Massu, 42-Kishtwar NAC, 43-Forest Block in Tehsil Kishtwar.
|
|
48.
|
Inderwal
|
PCs 12-Chingam, 13-Inderwal,
14-Chatroo, 15-Sigdi, 16-Moolchhiter, 17-Drubeel, 18-Kochal, 20-Filler,
21-Pakhalan, 22-Keshwan, 23-Shandri, 24-Sangna, 25-Patnazi,
|
|
|
|
26-Jawalapur, 27-Loundri,
28-Badhat and 29-Karool in Tehsil Kishtwar; PCs 1-Jakyas in Tehsil Bhalesa
(Gandoh) and following PCs of Tehsil Thathri--
1-Jangalwar, 3-Malanoo, 4-Kansu,
10-Kandote.
|
|
49.
|
Doda
|
All PCs of Tehsil Doda except
8-Dessa, 9-Dhandal, 10-Kastigarh, 11-Shamti, 12-Chaka Kundi, 13-Assar,
14-Charrota.
|
|
50.
|
Bhaderwah
|
All PCs of Tehsil Bhaderwah and
PCs 2-Budhli, 3-Chilli, 4-Drawani, 5-Kahal Jugasar, 6-Budwar, 7-Chanisar,
8-Kilotran, 9-Kharangal, 10-Gandoh in Tehsil Bhalesa; and
|
|
|
|
PCs 2-Jora, 5-Bhaja, 6-Bhalla,
7-Jagiti, 8-Bhallari, 9-Rokali, 11-Pamshayee in Tehsil Thathri.
|
|
51.
|
Ramban (SC)
|
All PCs of Tehsil Ramban except
5-Sarbagni and PCs of 8-Dessa, 9-Dhandhal, 10-Kastigarh, 11-Shamti, 12-Chaka,
13-Assar, 14-Charrota of Tehsil Doda.
|
|
52.
|
Banihal
|
All PCs of Tehsil Banihal and
5-Sarbagni in Tehsil Ramban.
|
|
UDHAMPUR DISTRICT
|
|
53.
|
Gulabgarh
|
PCs 2-Mahore, 2-Sarh, 3-Dewal,
4-Gulabgarh, 5-Chasote, 6-Bagankote, 7-Shergarhi, 8-Shikari, 9-Kanthi,
10-Tulibana, 13-Shajroo in Tehsil Gulabgarh and PC 16-Jij in Tehsil Reasi.
|
|
54.
|
Reasi
|
Tehsil Reasi except following PCs-
|
|
|
|
1. Salal, 15-Chinkah, 16-Jij,
17-Thakrakote and following PCs of Tehsil Udhampur-
|
|
|
|
13-Panjar, 14-Lali, 15-Ladah,
17-Dhandu, 18-Jhandawa, 32-Badhota and 19-Suhal.
|
|
55.
|
Gool Arnas
|
Following PCs of Tehsil Gool
Gulabgarh-
|
|
|
|
11-Thuru, 12-Bhudhan, 14-Kanthan,
15-Judda, 16-Dhanow, 17-Kali Masta, 18-Gool, 19-Thatharka, 20-Sangaldan,
21-Forest Block; and 1-Salal, 15-Chinkah, 17-Thakrakote in Tehsil Reasi.
|
|
56.
|
Udhampur
|
All PCs of Tehsil Udhampur except
the following PCs-
|
|
|
|
13-Panjar, 14-Lali, 15-Ladha,
17-Dhandu, 18-Jhandawa, 19-Suhal, 20-Ludha, 21-Balian, 27-Sunal, 29-Meer,
30-Kathi, 32-Badhota.
|
|
57.
|
Chenani (SC)
|
All PCs of Tehsil Chenani and
following PCs of Tehsil Udhampur-
|
|
|
|
20-Ladha, 21-Balian, 27-Sunal,
29-Meer, 30-Kathi and following PCs of Tehsil Ramnagar.
|
|
|
|
10-Dudu, 11-Latti, 31-Ghordi,
33-Hartarian, 34-Dandal, 35-Barmeen, 36-Nalla Ghoran.
|
|
58.
|
Ramnagar
|
All PCs of Tehsil Ramnagar except
the following-
|
|
|
|
10-Dudu, 11-Latti, 31-Ghordi,
33-Hartarian, 34-Dhandal, 35-Barmeen, 36-Nala Ghoran.
|
|
KATHUA DISTRICT
|
|
59.
|
Bani
|
PCs 14-Bani, 15-Banjal,
16-Fatehpur, 17-Sandroon, 18-Rolka, 19-Buggah, 20-Lowang, 21-Kanthal,
22-Surjan, 23-Dhanggar, 24-Koti, 25-Forest Block in Tehsil Basohli and 9-Godu
Flal, 10-Bdnota, 11-Machadi, 20-Malhar in Tehsil Billawar.
|
|
60.
|
Basohli
|
PCs 1-Thein, 2-Basantpur,
3-Lakhanpur, 4-Hatli, 7-Tridwan, 36-Lakhanpur NAC, 29-Berthian and 30-Sorlian
in Tehsil Kathua and PCs 1-Basohli, 1-a-Basohli NAC, 2-Sandhar, 3-Hutt,
4-Bhoond, 5-Saman, 6-Dhar Jankar, 7-Dhar Mahanpur, 8-Plahi, 9-Prita,
10-Saber, 11-Patti, 12-Athalith, 13-Mahanpur in Tehsil Basohli and PCs
21-Dhar Digno, 22-Huttar, 23-Dambra in Tehsil Billawar.
|
|
61.
|
Kathua
|
PCs 5-Dilwan, 6-Maha, 8-Kharote,
9-Taraf Manjili, 10-Taraf Tajwal, 11-Karian, 12-Taraf Bajwal, 13-Changran,
14-Govindsar, 15-Chak Soon Noopa, 16-Khakhyal, 17-Mirpur Ram, 18-Taraf Balla,
20-Katharian, 21-Janglote, 22-Loagate, 23-Jakhbar, 24-Airwan, 26-Chak Sakta,
27-Budhi, 28-Nanan, 31-Barwal, 32-Jherhere, 33-Kathua Forest Block, 34-Kathua
NAC, 35-Perlain and 25-Folote in Tehsil Kathua.
|
|
62.
|
Billawar
|
PCs 11-Katli, 17-Bhaya, 21-Denga
Amb, 23-Dhamal, 25-Mangloor, 26-Chelakh, 27-Salain in Tehsil Hiranagar and
PCs 1-Ramkot, 2-Makwal, 3-Salora, 4-Rajwlta, 5-Danjisdhar, 6-Thara Kalwal,
7-Kalyal, 8-Thanthoo, 12-Kohag, 13-Malti, 14-Durang, 15-Dharan Kote,
16-Bhaddu, 17-Billawar, 18-Billawar NAC, 19-Buggan, 24-Parnala, 25-Pallan in
Tehsil Billawar and PC 19-Juthana in Tehsil Kathua.
|
|
63.
|
Hiranagar (SC)
|
1-Jatwal, 2-Nonath, 3-Ghagwal,
4-Sarath, 5-Bhatyari Kotlan, 6-Sanoora, 7-Mawa, 8-Nohran, 9-Chachwal,
10-Sarti Kalan, 12-Chak Dulma, 13-Jondi, 14-Londi, 15-Rajpura, 16-Kootah,
18-Gurah Mathian, 19-Bavia, 20-Katal Brahmana, 24-Hamirpur, 28-Chhan Rorian,
29-Marheen, 22-Saiswan, 30-Khanpur, 31-Hiranagar, 32-Hiranagar NAC,
33-Pansar, 34-Kore Punu, 35-Chak Deva, 36-Chak Bhagwana, 37-Chak Kahna,
38-Chadwal, 39-Forest Block in Tehsil Hiranagar.
|
|
JAMMU DISTRICT
|
|
64.
|
Samba (SC)
|
PCs 1-NAC Samba, 2-Samba Khas, 3-Taloor,
4-Amli, 5-Durin, 6-Katli, 7-Ram Nagar, 8-Pingdore, 11-Sunian, 10-Sarna,
12-Bhartgarh, 13-Suran, 14-Goran, 15-Balhter, 17-Katwalta, 18-Kharah Madena,
21-Baghore, 22-Purmandal, 24-Mohar Garh, 25-Badhari, 26-Kard in Tehsil Samba
and PC 28-Chaudi in Jammu Tehsil.
|
|
65.
|
Vijaypur
|
PCs 9-Khanpur, 20-Vijaypur,
23-Gurah Salathian, 28-Harmander, 29-Chak Salarian, 30-Nanga, 31-Logwal,
32-Keso Manhasan, 33-Ramgarh, 34-Gho-Brahmana, 35 Chak Chataka, 36-Chann
Fatwal, 37-Abtal, 38-Swankha, 39-Mahal Shan, 40-Rari, 41-Smailpur, 27-Birpur,
42-Tarore, 43-Bagla, 44-Gandwal in Tehsil Samba.
|
|
66.
|
Nagrota
|
PCs 39-Ranjan, 40-Sarote,
41-Jandial, 42-Gorda, 44-Nagrota, 45-Dansal, 46-Jhajar Kotli, 47-Thara,
48-Bamyal, 49-Katal Batal, 50-Shiba, 51-Jagti, 52-Jindrah, 53-Kanyala, 54-Kothar,
55-Kharte, 56-Dhan, 57-Songoon, 58-Ponthal, 59-Surinsar in Tehsil Jammu and
PCs 16-Bain Bajalta, 19-Aitham in Tehsil Samba.
|
|
67.
|
Gandhinagar
|
Ward-16 (Gandhinagar), Ward-17
(Naibasti), Ward-22 (Chhani Rama), Ward-23 (Bahu), 24-Digiana, 26-Bahu, 27-Sunjwan,
29-Gadigarh, 30-Satwari in Tehsil Jammu.
|
|
68.
|
Jammu East
|
Wards 1 to 6, 9, 10, 12 and 15.
|
|
69.
|
Jammu West
|
Wards 7, 8, 11, 13, 14, 18, 19, 20
and 21.
|
|
70.
|
Bishnah
|
All PCs in Tehsil Bishnah and
25-Naugran in Tehsil Jammu.
|
|
71.
|
R.S. Pura (SC)
|
PCs 1-Salhar, 2-Rathana,
3-Kandlihar, 4-Khour, 5-Kalyana, 14-R.S. Pura with NAC, 15-Khas Gigian,
16-Chohalla, 19-Kirpind, 20-Kotli Shah Dula, 25-Marlia, 24-Darsopur,
35-Gondla in Tehsil R.S. Pura.
|
|
72.
|
Suchetgarh
|
PCs 6-Dablihar, 7-Magowali,
8-Parlah, 9-Chak Baza, 10-Nekowal, 11-Jevroh, 12-Saie Kalan, 13-Chak Mulo,
17-Badyal Brahmana, 18-Jssore, 21-Chak Agra, 22-Fatehpur Brahmana, 25-Samka,
26-Baspur, 27-Rangpur Malana, 28-Suchetgarh, 29-Chandu Chak, 30-Satowali,
31-Grarana, 32-Badyal Qazian, 33-Abdal, 34-Chakroi in Tehsil R.S. Pura.
|
|
73.
|
Marh
|
PCs 60-Prahaladpur, 61-Mandal,
62-Sum, 65-Gho Manhasan, 66-Sohanjana, 67-Thub, 68-Sahran, 69-Rathua,
70-Chanore, 71-Makwal, 72-Gool, 74-Gajansoo, 75-Kalyanpur, 76-Kahnachak,
77-Marh, 78-Gangoo Chak, 79-Kalrup, 80-Dhateryal, 31-Flora Nagbani in Tehsil
Jammu.
|
|
74.
|
Raipur Domana (SC)
|
PCs 31-Paloura, 32-Muthi, 33-Barn,
34-Siri Panditan, 35-Gharota, 36-Raipur Domana, 37-Kot Bhalwal, 38-Amb,
43-Kaink, 63-Hakkal, 64-Khandwal, 73-Bhadora, 82-Panjore in Tehsil Jammu.
|
|
75.
|
Akhnoor
|
PCs 1-Chowki, 2-Choura, 3-Kathar,
4-Mandarian, 8-Narri, 6-Ambaran, 7-Barui, 9-Ganderwan, 10-Manda, 11-Akhnoor
Khas, 12-Sungal, 13-Pangairi, 14-Devipur, 15-Chak Kirpalpur, 16-Jadh,
17-Muthi Maira, 18-Rakh Dhoke, 19-Saliote, 20-Ghar Majoor, 21-Mawa Brahmana, 22-Leherian
in Tehsil Akhnoor.
|
|
76.
|
Chhamb (SC)
|
PCs 8-Mattoo, 24-Gurah Manhasan,
25-Sarwal, 23-Pargwal, 26-Bhalwal Malu, 27-Hamirpur, 28-Bakore, 29-Chak
Malal, 30-Derian, 31-Sainth, 32-Gigarial, 33-Khour, 34-Kot Mera,
35-Palanwala, 36-Kharah, 37-Nathal, 38-Doori, 39-Chhani Dewanoo, 40-Samuan,
41-Chakla in Tehsil Akhnoor.
|
|
RAJOURI DISTRICT
|
|
77.
|
Nowshera
|
All PCs of Tehsil Nowshara except
11-Narian and all PCs of Tehsil Sunderbani.
|
|
78.
|
Darhal
|
All PCs of Tehsil Budhal except
3-Khawas, 6-Kote Chalwal and following PCs of Tehsil Thanamandi-
|
|
|
|
5-Darhal, 6-Chowdian, 7-Nadian,
8-Ujhan; and PC 4-Nagrota in Tehsil Rajouri.
|
|
79.
|
Rajouri
|
Following PCs of Tehsil Rajouri-
|
|
|
|
1-Gambir Muglan, 2-Dani-Dhar,
7-Bathooni, 8-Sarola, 9-Sohana, 10-Doongi Brahmana, 11-Katarmal, 12-Deri
Delote, 13-Panj Grain, 14-Galhoti, 15-Fatehpur, 17-Bagla, 19-Rampur with NAC
Rajouri with following PCs of Thanamandi Tehsil-
|
|
|
|
1-Dodasan Balla, 2-Saaj,
3-Shahdara Sharief, 4-Hosplote, 10-Thanamandi with NAC and 9-Bharote.
|
|
80.
|
Kalakote
|
All PCs of Tehsil Kalakote and
following PCs of Tehsil Rajouri-
|
|
|
|
2-Dalhari, 3-Dhangri, 6-Potha
Grlana, 16-Khanpur Chingus, 18-Bhadoon and PC 11-Narian of Tehsil Nowshera;
and
|
|
|
|
3-Khaskote Chalwal of Budhal
Tehsil.
|
|
POONCH DISTRICT
|
|
81.
|
Surankote
|
All PCs in Surankote Tehsil and
PCs 12-Rajpur, 21-Shindra, 22-Seri-Khawja in Poonch Tehsil.
|
|
82.
|
Mendhar
|
All PCs of Tehsil Mendhar.
|
|
83.
|
Poonch Haveli
|
All PCs of Tehsil Poonch except
12-Rajpur, 21-Shindra, 22-Sheri Khawja.
|
Note.Any reference in this table to a Tehsil, Patwar
Circle (P.C.), Ward or N.A.C. (Notified Area Committee) shall be taken to mean
the area comprised within that Tehsil, Patwar Circle, Notified Area Committee
or Ward as on 1-4-1995.
THE FOURTH SCHEDULE
(See Sections
16, 24 and 54)
FORMS
OF OATHS OR AFFIRMATIONS
I
FORM
OF OATH OR AFFIRMATION TO BE MADE BY A CANDIDATE FOR ELECTION TO THE
LEGISLATIVE ASSEMBLY OF THE UNION TERRITORY OF JAMMU AND KASHMIR
?I, A.B., having been nominated as a candidate to fill a
seat in the Legislative Assembly of________________do swear in the name of
God/solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established and that I will uphold the
sovereignty and integrity of India.?
II
FORM
OF OATH OR AFFIRMATION TO BE MADE BY A MEMBER OF THE LEGISLATIVE ASSEMBLY OF
THE UNION TERRITORY OF JAMMU AND KASHMIR
?I, A.B., having been elected (or nominated) a member of
the Legislative Assembly of________________do swear in the name of God/solemnly
affirm that I will bear true faith and allegiance to the Constitution of India
as by law established, that I will uphold the sovereignty and integrity of
India and that I will faithfully discharge the duty upon which I am about to
enter.?
III
FORM
OF OATH OF OFFICE FOR A MEMBER OF THE COUNCIL OF MINISTERS OF THE UNION
TERRITORY OF JAMMU AND KASHMIR
?I, A.B.,________________do swear in the name of
God/solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established, that I will uphold the sovereignty
and integrity of India, that I will faithfully and conscientiously discharge my
duties as a Minister for the Union Territory of________________, and that I
will do right to all manner of people in accordance with the Constitution and the
law without fear and favour, affection or ill-will.?
IV
FORM
OF OATH OF SECRECY FOR A MEMBER OF THE COUNCIL OF MINISTERS OF THE UNION
TERRITORY OF JAMMU AND KASHMIR
?I, A.B.________________, do swear in the name of
God/solemnly affirm that I will not directly or indirectly communicate or
reveal to any person or persons any matter which shall be brought under my
consideration or shall become known to me as a Minister for the Union Territory
of________________, except as may be required for the due discharge of my
duties as such Minister.?
THE FIFTH SCHEDULE
(See Sections
95 and 96)
TABLE
1
CENTRAL
LAWS MADE APPLICABLE TO THE UNION TERRITORY OF JAMMU AND KASHMIR; AND UNION
TERRITORY OF LADAKH
|
S. No.
|
Name of the Act
|
Section/Amendments
|
|
1.
|
The Aadhar (Targeted Delivery of
Financial and Other Subsidies, Benefits and Services) Act, 2016.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
2.
|
The Administrative Tribunal Act,
1985.
|
clause (b) of sub-section (2) of Section
1 shall be omitted.
|
|
3.
|
The Anand Marriage Act, 1909.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
4.
|
The Arbitration and Conciliation
Act, 1996.
|
Proviso to sub-section (2) of
Section 1 shall be omitted.
|
|
5.
|
The Prohibition of Benami Property
Transactions Act, 1988.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
6.
|
The Charitable Endowment Act,
1890.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
7.
|
The Chit Funds Act, 1982.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
8.
|
The Code of Civil Procedure, 1908.
|
Clause (a) of sub-section (3) of
Section 1 shall be omitted.
|
|
9.
|
The Code of Criminal Procedure,
1973.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
10.
|
The Commercial Courts Act, 2015.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
11.
|
The Commissions for Protection of
Child Rights Act, 2006.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
12.
|
The Commissions of Inquiry Act,
1952.
|
Proviso to sub-section (2) of
Section 1 shall be omitted.
|
|
13.
|
The Consumer Protection Act, 1986.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
14.
|
The Contempt of Courts Act, 1971.
|
Proviso to sub-section (2) of
Section 1 shall be omitted.
|
|
15.
|
The Delimitation Act, 2002.
|
as amended by this Act.
|
|
16.
|
The Dissolution of Muslim
Marriages Act, 1939.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
17.
|
The Disturbed Areas (Special
Courts) Act, 1976.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
18.
|
The Dowry Prohibition Act, 1961.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
19.
|
The Drugs and Magic Remedies
(Objectionable Advertisements) Act, 1954.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
20.
|
The Easements Act, 1891.
|
Extended as whole.
|
|
21.
|
The Electricity Act, 2003.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
22.
|
The Employees Provident Funds and
Miscellaneous Provisions Act, 1952.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
23.
|
The Employment of Manual
Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
|
Extended as whole.
|
|
24.
|
The Enemy Property Act, 1968.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
25.
|
The Energy Conservation Act, 2001.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
26.
|
The Family Courts Act, 1984.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
27.
|
The Fatal Accidents Act, 1855.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
28.
|
The Forest (Conservation) Act,
1980.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
29.
|
The General Clauses Act, 1897.
|
Extended as whole.
|
|
30.
|
The Governors (Emoluments,
Allowances and Privileges) Act, 1982.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
31.
|
The Gram Nyayalayas Act, 2009.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
32.
|
The Guardians and Wards Act, 1890.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
33.
|
The Hindu Adoptions and
Maintenance Act, 1956.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
34.
|
The Hindu Disposition of Property
Act, 1916.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
35.
|
The Hindu Marriage Act, 1955.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
36.
|
The Hindu Minority and
Guardianship Act, 1956.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
37.
|
The Hindu Succession Act, 1956.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
38.
|
The Identification of Prisoners
Act, 1920.
|
Extended as whole.
|
|
39.
|
The Indecent Representation of
Women (Prohibition) Act, 1986.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
40.
|
The Boilers Act, 1923.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
41.
|
The Christian Marriage Act, 1872.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
42.
|
The Contract Act, 1872.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
43.
|
The Easements Act, 1882.
|
Extended as whole.
|
|
44.
|
The Evidence Act, 1872.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
45.
|
The Forest Act, 1927.
|
Extended as whole.
|
|
46.
|
The Nursing Council Act, 1947.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
47.
|
The Partnership Act, 1932.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
48.
|
The Penal Code, 1860.
|
In Section 1, words, ?except the
State of Jammu and Kashmir? shall be omitted.
|
|
49.
|
The Stamp Act, 1899.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
50.
|
The Succession Act, 1925.
|
Extended as whole.
|
|
51.
|
The Trusts Act, 1882.
|
In Section 1, words, ?except the
State of Jammu and Kashmir? shall be omitted.
|
|
52.
|
The Veterinary Council Act, 1984.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
53.
|
The Judges (Protection) Act, 1985.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
54.
|
The Judicial Officers Protection
Act, 1850.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
55.
|
The Juvenile Justice (Care and
Protection of Children) Act, 2015.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
56.
|
The Legal Services Authorities
Act, 1987.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
57.
|
The Limitation Act, 1963.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
58.
|
The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
59.
|
The Majority Act, 1875.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
60.
|
The Medical Termination of
Pregnancy Act, 1971.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
61.
|
The Muslim Personal Law (Shariat)
Application Act, 1937.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
62.
|
The Muslim Women (Protection of Rights
on Divorce) Act, 1986.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
63.
|
The National Commission for
Minorities Act, 1992.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
64.
|
The National Commission for
Minority Educational Institutions Act, 2004.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
65.
|
The National Commission for Safai
Karamcharis Act, 1993.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
66.
|
The National Commission for Women
Act, 1990.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
67.
|
The National Council for Teacher
Education Act, 1993.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
67-A
|
National Security Act, 1980
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
68.
|
The National Trust for Welfare of
Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
69.
|
The Oaths Act, 1969.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
70.
|
The Partition Act, 1893.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
71.
|
The Pharmacy Act, 1948.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
72.
|
The Powers-of-Attorney Act, 1882.
|
In Section 1, words, ?except the
State of Jammu and Kashmir? shall be omitted.
|
|
73.
|
The Pre-conception and Pre-natal
Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
74.
|
The Prevention of Blackmarketing
and Maintenance of Supplies of Essential Commodities Act, 1980.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
75.
|
The Prevention of Corruption Act,
1988.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
76.
|
The Prevention of Cruelty to
Animals Act, 1960.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
77.
|
The Prevention of Damage to Public
Property Act, 1984.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
78.
|
The Prisoners Act, 1900.
|
Extended as whole.
|
|
79.
|
The Prisons Act, 1894.
|
Extended as whole.
|
|
80.
|
The Private Security Agencies
(Regulation) Act, 2005.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
81.
|
The Prize Chits and Money
Circulation Scheme (Banning) Act, 1978.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
82.
|
The Probation of Offenders Act,
1958.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
83.
|
The Prohibition of Child Marriage
Act, 2006.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
84.
|
The Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
85.
|
The Protection of Children From
Sexual Offences Act, 2012.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
86.
|
The Protection of Human Rights
Act, 1993.
|
Proviso to sub-section (2) of
Section 1 shall be omitted.
|
|
87.
|
The Protection of Women from
Domestic Violence Act, 2005.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
88.
|
The Public Gambling Act, 1867.
|
Extended as whole.
|
|
89.
|
The Public Records Act, 1993.
|
Extended as whole.
|
|
90.
|
The Registration Act, 1908.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
91.
|
The Religious Endowments Act,
1863.
|
Extended as whole.
|
|
92.
|
The Religious Institutions
(Prevention of Misuse) Act, 1988.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
93.
|
The Right of Children to Free and
Compulsory Education Act, 2009.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
94.
|
The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
94-A.
|
The Representation of People Act,
1951.
|
In Section (2),
|
|
(i) In sub-section (1) in clause
(d) the words ?other than the State of Jammu and Kashmir? shall
be omitted; and
|
|
(ii) sub-section (5) shall
be omitted.
|
|
95.
|
The Right to Information Act,
2005.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
96.
|
The Sale of Goods Act, 1930.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
97.
|
The Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2007.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
98.
|
The Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
99.
|
The Special Marriage Act, 1954.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
100.
|
The Specific Relief Act, 1963.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
101.
|
The Suits Valuation Act, 1887.
|
Extended as whole.
|
|
102.
|
The Transfer of Property Act,
1882.
|
Extended as whole.
|
|
103.
|
The Transplantation of Human Organs
and Tissues Act, 1994.
|
Extended as whole.
|
|
104.
|
The Wakf Act, 1995.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
105.
|
The Whistle Blowers Protection
Act, 2014.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
|
106.
|
The Wild Life (Protection) Act,
1972.
|
In sub-section (2) of Section 1,
words, ?except the State of Jammu and Kashmir? shall be omitted.
|
TABLE
2
STATE
LAWS WHICH SHALL BE APPLICABLE TO THE UNION TERRITORY OF JAMMU AND KASHMIR AND
UNION TERRITORY OF LADAKH WITH AMENDMENTS
|
S. No.
|
Year
|
No.
|
Short title
|
Amendments
|
|
1
|
2
|
3
|
4
|
5
|
|
1.
|
Svt. 1977 (1920 AD)
|
XLII
|
The Transfer of Property Act
|
Section 139 and Section 140 shall
be omitted.
|
|
2.
|
Svt. 1995 (1938 AD)
|
V
|
The Jammu and Kashmir Alienation
of Land Act
|
Section 4 and Section 4-A shall
be omitted;
|
|
3.
|
Svt. 2007 (1950 AD)
|
XVII
|
The Jammu and Kashmir Big Landed
Estates Abolition Act
|
Section 20-A shall
be omitted.
|
|
4.
|
1960
|
XXXVIII
|
The Jammu and Kashmir Land Grants
Act
|
A. Provisos to sub-section (1) of
Section 4 shall be omitted; and
|
|
|
|
|
|
B. Clause (i) of sub-section (2)
of Section 4 shall be omitted.
|
|
5.
|
1976
|
XVII
|
The Jammu and Kashmir Agrarian
Reforms Act
|
Section 17 shall be omitted.
|
|
6.
|
1989
|
X
|
The Jammu and Kashmir Cooperative
Societies Act
|
Sub-clause (ii) of clause (a) of
sub-section (1) of Section 17 shall be omitted.
|
|
7.
|
2004
|
XIV
|
The Jammu and Kashmir Reservation
Act
|
A. In Section 2 after clause (g),
the following clause shall be inserted namely-
|
|
|
?(ga) ?economically weaker
sections? means such categories as may be notified by the Government from
time to time, on the basis of family income and other indicators of economic
disadvantage, other than the classes or categories defined in clauses (m),
(n) and (o)?;
|
|
B. In Section 3, in sub-section
(1),-
|
|
(i) in clause (a), the word ?and?
occurring at the end shall be omitted;
|
|
(ii) in clause (b), for the words
?backward classes:?, the words ?backward classes; and? shall
be substituted;
|
|
(iii) after clause (b), the
following clause shall be inserted, namely-
|
|
?(c) economically weaker
sections:?;
|
|
(iv) in the first proviso, for the
words ?the total percentage of reservation?, the words, brackets and letters
?the total percentage of reservation provided in clauses (a) and (b)? shall
be substituted;
|
|
(v) in the second proviso, for the
words ?Provided further that?, the following shall be substituted,
namely-
|
|
|
?Provided further that the
reservation in appointments in favour of the persons belonging to
economically weaker sections shall be in addition to the existing reservation
as provided in this subsection and shall be subject to a maximum of ten per
cent of the posts in each category:
|
|
Provided also that?.
|
|
C. In Section 9, in sub-section (1),-
|
|
(i) for the portion beginning with
?shall reserve? and ending with ?from time to time;?, the following shall
be substituted, namely-
|
|
?shall reserve seats in the
Professional Institutions for candidates belonging to,-
|
|
(a) reserved categories and such
other classes or categories as may be notified from time to time; and
|
|
(b) economically weaker
sections:?;
|
|
(ii) in the proviso, for the words
?the total percentage of reservation?, the words, brackets and letter ?the
total percentage of reservation provided in clause (a)? shall
be substituted;
|
|
(iii) after the proviso, the
following proviso shall be inserted, namely-
|
|
?Provided further that the
reservation in the Professional Institutions in favour of the persons
belonging to economically weaker sections shall be in addition to the
existing reservation as provided in this sub-section and shall be subject to
a maximum of ten per cent of the seats in each category.?.
|
TABLE
3
STATE
LAWS INCLUDING GOVERNOR's ACTS WHICH ARE REPEALED IN UNION TERRITORY OF JAMMU
AND KASHMIR; AND UNION TERRITORY OF LADAKH
|
S. No.
|
Name of the Act
|
Act/Ordinance No.
|
|
1.
|
The Jammu and Kashmir Accountability Commission Act,
2002.
|
XXXVIII of 2002
|
|
2.
|
The Jammu and Kashmir Advocates Welfare Fund Act, 1997.
|
XXVI of 1997
|
|
3.
|
The Jammu and Kashmir Agricultural Income Tax Act,
1962.
|
XXI of 1962
|
|
4.
|
The Jammu and Kashmir [State] Agricultural Produce
Marketing Regulation Act, 1997.
|
XXXVI of 1997
|
|
5.
|
The Jammu and Kashmir Anand Marriage Act, 1954.
|
IX of 2011
|
|
6.
|
The Jammu and Kashmir Animal Diseases (Control) Act,
1949.
|
XV of 2006
|
|
7.
|
The Jammu and Kashmir Apartment Ownership Act, 1989.
|
I of 1989
|
|
8.
|
The Jammu and Kashmir Arbitration and Conciliation Act,
1997.
|
XXXV of 1997
|
|
9.
|
The Jammu and Kashmir Arya Samajist Marriages (Validation)
Act, 1942.
|
III of Svt. 1999
|
|
10.
|
The Jammu and Kashmir Ayurvedic and Unani Practitioners
Act, 1959.
|
XXVI of 1959
|
|
11.
|
The Jammu and Kashmir Banker's Books Evidence Act,
1920.
|
VI of 1977
|
|
12.
|
The Jammu and Kashmir Benami Transactions (Prohibition)
Act, 2010.
|
V of 2010
|
|
13.
|
The Jammu and Kashmir Boilers Act, Samvat, 1991.
|
IV of Svt. 1991
|
|
14.
|
Buddhists Polyandrous Marriages Prohibition Act, 1941.
|
II of 1998
|
|
15.
|
The Jammu and Kashmir Cattle Trespass Act, 1920.
|
VII of 1977
|
|
16.
|
The Jammu and Kashmir Charitable Endowments Act, 1989.
|
XIV of 1989
|
|
17.
|
The Jammu and Kashmir Chit Funds Act, 2016.
|
XI of 2016
|
|
18.
|
The Jammu and Kashmir Christian Marriage and Divorce
Act, 1957.
|
III of 1957
|
|
19.
|
The Jammu and Kashmir Cinematograph Act, 1933.
|
XXIV of 1989
|
|
20.
|
Code of Civil Procedure, Samvat 1977.
|
X of Svt. 1977
|
|
21.
|
Code of Criminal Procedure, Samvat 1989.
|
XXIII of Svt. 1989
|
|
22.
|
The Jammu and Kashmir Collection of Statistics Act,
2010.
|
XVIII of 2010
|
|
23.
|
The Jammu and Kashmir [State] Commission for Women Act,
1999.
|
V of 1999
|
|
24.
|
The Jammu and Kashmir Commission of Inquiry Act, 1962.
|
XXXII of 1962
|
|
25.
|
The Jammu and Kashmir Consumer Protection Act, 1987.
|
XIVI of 1987
|
|
26.
|
The Jammu and Kashmir Contempt of Courts Act, 1997.
|
XXV of 1997
|
|
27.
|
The Jammu and Kashmir Contingency Fund Act, 1957.
|
XXIV of 1957
|
|
28.
|
The Jammu and Kashmir Contract Act, Samvat 1977.
|
IX of Svt. 1977
|
|
29.
|
The Jammu and Kashmir Court Fees Act, Samvat 1977.
|
VII of Svt. 1977
|
|
30.
|
The Jammu and Kashmir Court of Wards Act, Samvat 1977.
|
LII of Svt. 1977
|
|
31.
|
The Jammu and Kashmir Criminal Law Amendment Act, Svt.
1993.
|
I of Svt. 1993
|
|
32.
|
The Jammu and Kashmir Criminal Law Amendment Act, 1958.
|
III of 1958
|
|
33.
|
The Jammu and Kashmir Criminal Law Amendment Act, 1983.
|
X of 1983
|
|
34.
|
The Jammu and Kashmir Customs Act, Svt. 1958.
|
VIII of Svt. 1958
|
|
35.
|
The Jammu and Kashmir Dehi Adalats Act, 2013.
|
XV of 2013
|
|
36.
|
The Jammu and Kashmir Destruction of Records Act, 1920.
|
XII of 1977
|
|
37.
|
The Jammu and Kashmir Displaced Persons (Permanent Settlement)
Act, 1971.
|
X of 1971
|
|
38.
|
The Jammu and Kashmir Dissolution of Muslim Marriages
Act, 1942.
|
X of Svt. 1999
|
|
39.
|
The Jammu and Kashmir Dowry Restraint Act, 1960.
|
XXXVI of 1960
|
|
40.
|
The Jammu and Kashmir Easements Act, 1920.
|
XIV of Svt. 1977
|
|
41.
|
The Jammu and Kashmir Electricity Act, 2010.
|
XIII of 2010
|
|
42.
|
The Jammu and Kashmir Electricity (Duty) Act, 1963.
|
XI of 1963
|
|
43.
|
The Jammu and Kashmir Employees Provident Funds (And)
Miscellaneous Provisions Act, 1961.
|
XV of 1961
|
|
44.
|
The Jammu and Kashmir Employment of Manual Scavengers
and Construction of Dry Latrines (Prohibition) Act, 2010.
|
XIX of 2010
|
|
45.
|
The Jammu and Kashmir Energy Conservation Act, 2011.
|
XIV of 2011
|
|
46.
|
The Jammu and Kashmir Epidemic Diseases Act, 1920.
|
XVI of 1977
|
|
47.
|
(State) Evacuees (Administration of Property)
(Validation of Orders, Proceedings and Acts) Act, 1958.
|
IV of 1958
|
|
48.
|
The Jammu and Kashmir Evidence Act, Samvat 1977 (1920
A.D).
|
XIII of Svt. 1977
|
|
49.
|
The Jammu and Kashmir Fatal Accidents Act, Samvat 1977.
|
XVII of Svt. 1977
|
|
50.
|
The Jammu and Kashmir Forest Act, Samvat 1987.
|
II of Svt. 1987
|
|
51.
|
The Jammu and Kashmir Forest (Conservation) Act, 1997.
|
XXX of 1997
|
|
52.
|
The Jammu and Kashmir Forest (Sale of Timber) Act,
Samvat 1987.
|
III of Svt. 1987
|
|
53.
|
The Jammu and Kashmir General Clauses Act, Samvat 1977.
|
XX of Svt. 1977
|
|
54.
|
The Jammu and Kashmir Good Conduct Prisoners (Temporary
Release) Act, 1978.
|
VII of 1978
|
|
55.
|
Government Servants (Held in Detention) Act, 1956.
|
XV of 1956
|
|
56.
|
The Jammu and Kashmir Grant of Permit for Resettlement
in (or Permanent Return to) the State Act, 1982.
|
X of 1982
|
|
57.
|
The Jammu and Kashmir Guardians and Wards Act, Samvat
1977.
|
XIX of Svt. 1977
|
|
58.
|
The Jammu and Kashmir Hindu Adoptions and Maintenance
Act, 1960.
|
II of 1960
|
|
59.
|
The Jammu and Kashmir Hindu Disposition of Property
Act, Samvat 1997.
|
XVI of Svt. 1997
|
|
60.
|
The Jammu and Kashmir Hindu Inheritance (Removal of
Disabilities) Act, Samvat 1997.
|
XVIII of Svt. 1997
|
|
61.
|
The Jammu and Kashmir Hindu Marriage Act, 1980.
|
IV of 1980
|
|
62.
|
The Jammu and Kashmir Hindu Marriage (Validation of
Proceedings) Act, 1963.
|
XVI of 1963
|
|
63.
|
The Jammu and Kashmir Hindu Minority and Guardianship
Act, 1957.
|
VII of 1957
|
|
64.
|
The Jammu and Kashmir Hindu Succession Act, 1956.
|
XXXVIII of 1956
|
|
65.
|
The Jammu and Kashmir Hindu Widows Remarriage and
Property Act, Samvat 1989.
|
XXIX of Svt. 1989
|
|
66.
|
The Jammu and Kashmir Homeopathic Practitioner Act,
2003.
|
VIII of 2003
|
|
67.
|
The Jammu and Kashmir Identification of Prisoners Act,
Samvat 1994.
|
IV of Svt. 1994
|
|
68.
|
The Jammu and Kashmir Infant Marriages Prevention Act,
Samvat 1985.
|
I of Svt. 1985
|
|
69.
|
Instruments (Control of Noises) Act, 1959.
|
VII of 1959
|
|
70.
|
Judicial Officers Protection Act, 1971.
|
|
|
71.
|
The Jammu and Kashmir Juvenile Justice (Care and
Protection of Children) Act, 2013.
|
VII of 2013
|
|
72.
|
The Jammu and Kashmir Juvenile Smoking Act, Samvat
1986.
|
II of Svt. 1986
|
|
73.
|
Land Acquisition Act, Samvat 1990.
|
X of Svt. 1990
|
|
74.
|
Legal Practitioners (Fees) Act, Samvat 1988.
|
VII of Svt. 1988
|
|
75.
|
The Jammu and Kashmir Legal Representatives Suits Act,
Samvat 1977.
|
XXII of Svt. 1977
|
|
76.
|
The Jammu and Kashmir Legal Services Authorities Act,
1997.
|
XXXIII of 1997
|
|
77.
|
The Jammu and Kashmir Limitation Act, Samvat 1995.
|
IX of Svt. 1995
|
|
78.
|
The Jammu and Kashmir Livestock Improvement Act, Samvat
1996.
|
XXIII of Svt. 1996
|
|
79.
|
The Jammu and Kashmir Local Authorities Loans Act,
Samvat 1997.
|
VI of Svt. 1997
|
|
80.
|
The Jammu and Kashmir Lunacy Act, Samvat 1977.
|
XXV of Svt. 1997
|
|
81.
|
The Jammu and Kashmir Maintenance and Welfare of
Parents and Senior Citizens Act, 2014.
|
XVI of 2014
|
|
82.
|
The Jammu and Kashmir Majority Act, Samvat 1977.
|
XXVI of Svt. 1977
|
|
83.
|
The Jammu and Kashmir Medical Registration Act, Samvat
1998.
|
IV of Svt. 1998
|
|
84.
|
The Jammu and Kashmir Medical Termination of Pregnancy
Act, 1974.
|
XXIII of 1974
|
|
85.
|
The Jammu and Kashmir Muslim Dower Act, Samvat 1977.
|
XLIV of Svt. 1977
|
|
86.
|
The Jammu and Kashmir Muslim Personal Law (Shariat)
Application Act, 2007.
|
IV of 2007
|
|
87.
|
The Jammu and Kashmir Muslim Specified Wakafs and
Specified Wakaf Properties (Management and Regulation) Act, 2004.
|
VIII of 2004
|
|
88.
|
The Jammu and Kashmir Nationalisation of Forest Working
Act, 1987.
|
VII of 1987
|
|
89.
|
(State) Newspapers (Incitements to Offences) Act, Svt. 1971.
|
VIV of Svt. 1971
|
|
90.
|
The Jammu and Kashmir Nursing Council Act, 2012.
|
IV of 2012
|
|
91.
|
The Jammu and Kashmir Nursing Homes and Clinical
Establishments (Registration and Licensing) Act, 1963.
|
XXXIX of 1963
|
|
92.
|
Official Secrets Act, Samvat 1977.
|
XLIII of Svt. 1977
|
|
93.
|
Opium Smoking Act, Samvat 2011.
|
XXXII of Svt. 2011
|
|
94.
|
Essential Services (Maintenance) Ordinance, Samvat
2001.
|
IX of Svt. 2001
|
|
95.
|
Hoarding and Profiteering Prevention Ordinance, Samvat
2000.
|
XIX of Svt. 2000
|
|
96.
|
Police Enhanced Penalties Ordinance, Samvat 2005.
|
III of Svt. 2005
|
|
97.
|
Prevention of Corruption Ordinance, 2001.
|
IV of Svt. 2001
|
|
98.
|
The Jammu and Kashmir Public Servants Transfer of
Immovable Property (Restriction) Ordinance, 2004.
|
XXX of Svt. 2004
|
|
99.
|
The Jammu and Kashmir Partition Act, Samvat 1977.
|
XXX of Svt. 1977
|
|
100.
|
The Jammu and Kashmir Partnership Act, Samvat 1996.
|
V of Svt. 1996
|
|
101.
|
The Jammu and Kashmir Permanent Residents Certificate
(Procedure) Act, 1963.
|
XIII of 1963
|
|
102.
|
The Jammu and Kashmir Pharmacy Act, Samvat 2011.
|
LIII of Svt. 2011
|
|
103.
|
The Jammu and Kashmir Poisons Act, Samvat 1977.
|
XXXIV of Svt. 1977
|
|
104.
|
The Jammu and Kashmir Preconception and Prenatal Sex
Selection (Prohibition and Regulation) Act, 2002.
|
XXXI of 2002
|
|
105.
|
(State) Press and Publications Act, Svt. 1989.
|
I of Svt. 1989
|
|
106.
|
The Jammu and Kashmir Prevention of Black Marketing and
Maintenance of Supplies of Essential Commodities Act, 1988.
|
XXV of 1988
|
|
107.
|
The Jammu and Kashmir Prevention of Corruption Act,
Samvat 2006.
|
XIII of Svt. 2006
|
|
108.
|
The Jammu and Kashmir Prevention of Cruelty to Animals
Act, Samvat 1990.
|
XIII of Svt. 1990
|
|
109.
|
The Jammu and Kashmir Prevention of Defacement of
Property Act, 1985.
|
XIX of 1985
|
|
110.
|
The Jammu and Kashmir Prevention of Illicit Traffic in
Narcotic Drugs and Psychotropic Substances Act, 1988.
|
XXIII of 1988
|
|
111.
|
The Jammu and Kashmir Prevention of Insult to State
Honour Act, 1979.
|
X of 1979
|
|
112.
|
The Jammu and Kashmir Prisoners Act, Svt. 1977.
|
XXXIII of Svt. 1977
|
|
113.
|
The Jammu and Kashmir Prisons Act, Svt. 1977.
|
XXXI of Svt. 1977
|
|
114.
|
The Jammu and Kashmir Private Security Agencies
(Regulation) Act, 2015.
|
IX of 2015
|
|
115.
|
The Jammu and Kashmir Prize Competition Act, 1956.
|
XII of 1956
|
|
116.
|
The Jammu and Kashmir Probation of Offenders Act, 1966.
|
XXXVII of 1966
|
|
117.
|
The Jammu and Kashmir Protection of Human Rights Act,
1997.
|
XV of 1997
|
|
118.
|
The Jammu and Kashmir Protection of Women from Domestic
Violence Act, 2010.
|
XI of 2010
|
|
119.
|
The Jammu and Kashmir Provident Funds Act, Svt. 1998.
|
XXII of Svt. 1998
|
|
120.
|
The Jammu and Kashmir Public Gambling Act, Svt. 1977.
|
XVIII of Svt. 1977
|
|
121.
|
The Jammu and Kashmir Public Property (Prevention of
Damage) Act, 1985.
|
XX of 1985
|
|
122.
|
The Jammu and Kashmir Public Servants (Inquiries) Act,
Svt. 1977.
|
XXVIII of Svt. 1977
|
|
123.
|
(State) Ranbir Penal Code, Samvat 1989.
|
XII of Svt. 1989
|
|
124.
|
The Jammu and Kashmir Registration Act, Svt. 1977.
|
XXXV of Svt. 1977
|
|
125.
|
The Jammu and Kashmir Registration (Amendment and
Validation of Transfers of property) Act, 1955.
|
VI of 1955
|
|
126.
|
Registration of Deeds (Validating) Act, Samvat 2008.
|
VI of Svt. 2008
|
|
127.
|
Registration of Deeds (Validation) Act, 1956.
|
XXI of 1956
|
|
128.
|
Registration of Deeds (Validating) Act, 1968.
|
XXXIII of 1968
|
|
129.
|
Registration of Deeds (Validation) Act, 1976.
|
I of 1976
|
|
130.
|
Registration of Deeds (Validation) Act, 1985.
|
IX of 1985
|
|
131.
|
The Jammu and Kashmir Religious Endowments Act, Svt.
1977.
|
L of Svt. 1977
|
|
132.
|
The Jammu and Kashmir Representation of the People Act,
1957.
|
IV of 1957
|
|
133.
|
The Jammu and Kashmir Requisitioning and Acquisition of
Immovable Property Act, 1968.
|
XXXV of 1968
|
|
134.
|
The Jammu and Kashmir Right to Information Act, 2009.
|
VIII of 2009
|
|
135.
|
The Jammu and Kashmir Sale of Goods Act, Svt. 1996.
|
II of 1996
|
|
136.
|
Separation of Judicial and Executive Functions Act,
1966.
|
XL of 1966
|
|
137.
|
The Jammu and Kashmir Small Causes Court Act, Svt.
1968.
|
|
|
138.
|
Societies Registration Act, Svt. 1998.
|
VI of Svt. 1998
|
|
139.
|
The Jammu and Kashmir Specific Relief Act, Svt. 1977.
|
XXXVIII of Svt. 1977
|
|
140.
|
The Jammu and Kashmir Standards of Weights and Measures
(Enforcement) Act, 1997.
|
XXXVII of 1997
|
|
141.
|
The Jammu and Kashmir Succession Certificate Act, Svt.
1977.
|
XXXIX of Svt. 1977
|
|
142.
|
Succession (Property Protection) Act, Svt. 1977.
|
XXXVI of Svt. 1977
|
|
143.
|
The Jammu and Kashmir Suits Valuation Act, Svt. 1977.
|
XXXVII of Svt. 1977
|
|
144.
|
The Jammu and Kashmir Suppression of Indecent
Advertisements Act, Svt. 2003.
|
IX of Svt. 2003
|
|
145.
|
The Jammu and Kashmir Transfer of Property Act, Svt.
1977.
|
XLII of Svt. 1977
|
|
146.
|
The Jammu and Kashmir Transplantation of Human Organs
Act, 1997.
|
III of 1997
|
|
147.
|
The Jammu and Kashmir Trusts Act, Svt. 1977.
|
XLI of Svt. 1977
|
|
148.
|
The Jammu and Kashmir Venereal Diseases Act, Svt. 2000.
|
XXI of Svt. 2000
|
|
149.
|
Veterinary Council Act, 2001.
|
XXI of 2001
|
|
150.
|
The Jammu and Kashmir [State] Village and Town Patrol
Act, 1959.
|
XXIV of 1959
|
|
151.
|
The Jammu and Kashmir Village Sanitation Act, Svt.
1990.
|
V of Svt. 1990
|
|
152.
|
The Jammu and Kashmir Wakafs Act, 2001.
|
III of 2001
|
|
153.
|
The Jammu and Kashmir Wildlife (Protection) Act, 1978.
|
VIII of 1978
|
|
S. No.
|
Name of the Governor's Act
|
Governor's Act No.
|
|
1.
|
The Jammu and Kashmir State Trust
for Welfare of Persons with Autism Cerebral Palsy, Mental Retardation and
Multiple Disabilities Act, 2018.
|
VI of 2018
|
|
2.
|
The Jammu and Kashmir Drugs and
Magic Remedies (Objectionable Advertisements) Act, 2018.
|
VIII of 2018
|
|
3.
|
The Jammu and Kashmir Single
Window (Industrial Investment and Business Facilitation) Act, 2018.
|
X of 2018
|
|
4.
|
The Jammu and Kashmir Commercial
Courts Act, 2018.
|
XIII of 2018
|
|
5.
|
The Jammu and Kashmir Family
Courts Act, 2018.
|
XXIV of 2018
|
|
6.
|
The Jammu and Kashmir Aadhar
(Targeted Delivery of Financial and other Subsidies, Benefits and Services)
Act, 2018.
|
XXXIV of 2018
|
|
7.
|
The Jammu and Kashmir Protection
of Children From Sexual Violence Act, 2018.
|
II of 2018
|
|
8.
|
The Jammu and Kashmir Rights of
Persons with Disabilities Act, 2018.
|
XL of 2018
|
|
9.
|
The Jammu and Kashmir Prohibition
of Benami Property Transactions Act, 2018.
|
XLIII of 2018
|
|
10.
|
The Jammu and Kashmir State
Commission for Protection of Women and Child Rights Act, 2018.
|
XLVI of 2018
|
|
11.
|
The Jammu and Kashmir Real Estate (Regulation and Development)
Act, 2018.
|
LIII of 2018
|
TABLE
4
STATE
ACTS INCLUDING GOVERNOR's ACTS THAT SHALL REMAIN IN FORCE IN UNION TERRITORY OF
JAMMU AND KASHMIR; AND UNION TERRITORY OF LADAKH
|
S. No.
|
Name of the Act
|
Act/Ordinance No.
|
|
1.
|
The Jammu and Kashmir Aerial Ropeways
Act, 2002
|
XII of 2002
|
|
2.
|
The Jammu and Kashmir Agrarian
Reforms Act, 1976
|
XVII of 1976
|
|
3.
|
Agriculturists' Relief Act, Svt.
1983
|
I of Svt. 1983
|
|
4.
|
The Jammu and Kashmir Government
Aid to Agriculturists and Land Improvement Act, Svt. 1993
|
VII of Svt. 1993
|
|
5.
|
The Jammu and Kashmir State Aid to
Industries Act, 1961
|
XXII of 1961
|
|
6.
|
The Jammu and Kashmir Alienation
of Land Act, Svt. 1995
|
V of Svt. 1995
|
|
7.
|
The Jammu and Kashmir Anatomy Act,
1959
|
XXII of 1959
|
|
8.
|
The Jammu and Kashmir Ancient Monuments
Preservation Act, Svt. 1977
|
V of Svt. 1977
|
|
9.
|
The Jammu and Kashmir Baba Ghulam
Shah Badshah University Act, 2002
|
XVI of 2002
|
|
10.
|
The Jammu and Kashmir Big Landed
Estates Abolition Act, Svt. 2007
|
XVII of Svt. 2007
|
|
11.
|
The Jammu and Kashmir Board of
Professional Entrance Examination Act, 2002
|
XXV of 2002
|
|
12.
|
The Jammu and Kashmir Board of
School Education Act, 1975
|
XXVIII of 1975
|
|
13.
|
The Jammu and Kashmir State Board
of Technical Education Act, 2002
|
XXIV of 2002
|
|
14.
|
The Jammu and Kashmir Brick Kilns
(Regulation) Act, 2010
|
XV II of 2010
|
|
15.
|
Camping and Mooring Sites Act,
Svt. 2004
|
XII of Svt. 2004
|
|
16.
|
The Jammu and Kashmir Chowkidari
Act, 1956
|
XXXVII of 1956
|
|
17.
|
The Jammu and Kashmir Civic Laws
(Special Provisions) Act, 2014
|
III of 2014
|
|
18.
|
The Jammu and Kashmir Civil Courts
Act, Svt. 1977
|
XLVI of Svt. 1977
|
|
19.
|
The Jammu and Kashmir Civil
Services (Decentralisation and Recruitment) Act, 2010
|
XVI of 2010
|
|
20.
|
The Jammu and Kashmir Civil
Services (Special Provisions) Act, 2010
|
XIV of 2010
|
|
21.
|
The Srinagar and Jammu Cluster
Universities Act, 2016
|
III of 2016
|
|
22.
|
The Jammu and Kashmir State
Commission for Backward Classes Act, 1997
|
XII of 1997
|
|
23.
|
The Jammu and Kashmir Common Lands
(Regulation) Act, 1956
|
XXIV of 1956
|
|
24.
|
The Jammu and Kashmir
Consolidation of Holdings Act, 1962
|
V of 1962
|
|
25.
|
The Jammu and Kashmir Control of
Building Operations Act, 1988
|
XV of 1988
|
|
26.
|
The Jammu and Kashmir Cooperative
Societies Act, 1989
|
X of 1989
|
|
27.
|
The Jammu and Kashmir Debtors
Relief Act, 1976
|
XV of 1976
|
|
28.
|
The Jammu and Kashmir Delivery of
Books and Newspapers (Public Libraries) Act, 1961
|
XIII of 1961
|
|
29.
|
The Jammu and Kashmir Deputy
Ministers' Salaries and Allowances Act, 1957
|
VI of 1957
|
|
30.
|
The Jammu and Kashmir Deputy
Speaker's and Deputy Chairman's (Emoluments) Act, 1956
|
XXII of 1956
|
|
31.
|
The Jammu and Kashmir Development
Act, 1970
|
XIX of 1970
|
|
32.
|
The Jammu and Kashmir Egress and
Internal Movement (Control) Ordinance, Svt. 2005
|
V of Svt. 2005
|
|
33.
|
The Jammu and Kashmir Enemy Agents
Ordinance, Svt. 2005
|
VIII of Svt. 2005
|
|
34.
|
The Jammu and Kashmir State
Emergency Relief Fund Act, 1960
|
XIII of 1960
|
|
35.
|
The Jammu and Kashmir Excise Act,
Samvat 1958
|
--
|
|
36.
|
The Jammu and Kashmir Extraction
of Resin Act, 1988
|
IX of 1988
|
|
37.
|
The Jammu and Kashmir State
Evacuees (Administration of Property) Act, Samvat 2006 (1949 A.D)
|
VI of Svt. 2006
|
|
38.
|
The Jammu and Kashmir Ferry Boats
Control Act, 1971
|
XVIII of 1971
|
|
39.
|
The Jammu and Kashmir State
Finance Commission Act, 2006
|
XVIII of 2006
|
|
40.
|
The Jammu and Kashmir Finance
Commission for Panchayats and Municipalities Act, 2011
|
XVI of 2011
|
|
41.
|
The Jammu and Kashmir Fire Force
Act, 1967
|
XXII of 1967
|
|
42.
|
The Jammu and Kashmir Fiscal
Responsibility and Budget Management Act, 2006
|
XII of 2006
|
|
43.
|
The Jammu and Kashmir Fisheries
Act, 2018
|
XVI of 2018
|
|
44.
|
The Jammu and Kashmir Flood Plain
Zones (Regulation and Development) Act, 2005
|
XVII of 2005
|
|
45.
|
The Jammu and Kashmir State Forest
Corporation Act, 1978
|
XII of 1978
|
|
46.
|
The Jammu and Kashmir Forest (Protection)
Force Act, 2001
|
VI of 2001
|
|
47.
|
The Jammu and Kashmir Fruit
Nurseries (Licensing) Act, 1987
|
XXII of 1987
|
|
48.
|
The Jammu and Kashmir Gift Goods
(Unlawful Possession) Act, 1963
|
XL of 1963
|
|
49.
|
The Jammu and Kashmir Golf
Development and Management Authority Act, 2013
|
VIII of 2013
|
|
50.
|
The Jammu and Kashmir Goods and
Services Tax Act, 2017
|
V of 2017
|
|
51.
|
The Jammu and Kashmir Government
Gazette Act, Svt. 1945
|
XII of Svt. 1945
|
|
52.
|
The Jammu and Kashmir Governor's
Special Security Force Act, 2018
|
Governors Act No. XLII of 2018
|
|
53.
|
The Jammu and Kashmir Habitual
Offenders (Control and Reform) Act, 1956
|
XI of 1956
|
|
54.
|
The Jammu and Kashmir Handicrafts
(Quality Control) Act, 1978
|
IV of 1978
|
|
55.
|
The Jammu and Kashmir Heritage
Conservation and Preservation Act, 2010
|
XV of 2010
|
|
56.
|
The Jammu and Kashmir Highways
Act, Svt. 2007
|
XXVII of Svt. 2007
|
|
57.
|
The Jammu and Kashmir Home Guards
Act, Svt. 2006
|
III of Svt. 2006
|
|
58.
|
The Jammu and Kashmir Housing
Board Act, 1976
|
VII of 1976
|
|
59.
|
The Jammu and Kashmir Industrial
Establishments (National and Festival) Holidays Act, 1974
|
XIII of 1974
|
|
60.
|
The Jammu and Kashmir Inspector
General of Prisons (Change in Designation) Act, 2001
|
XIII of 2001
|
|
61.
|
The Jammu and Kashmir Islamic
University of Science and Technology Kashmir Act, 2005
|
XVIII of 2005
|
|
62.
|
The Jammu and Kashmir Kahcharai
Act, Svt. 2011
|
XVIII of Svt. 2011
|
|
63.
|
Kashmir and Jammu Universities
Act, 1969
|
XXIV of 1969
|
|
64.
|
Kashmir Silk Protection Act, 1964
|
|
|
65.
|
The Jammu and Kashmir Khadi and Village
Industries Board Act, 1965
|
XVI of 1965
|
|
66.
|
Ladakh Autonomous Hill Development
Council Act, 1997
|
XXXI of 1997
|
|
67.
|
Ladakh Budhists Succession to
Property Act, Svt. 2000
|
XVIII of Svt. 2000
|
|
68.
|
The Jammu and Kashmir Lambardari
Act, 1972
|
X of 1972
|
|
69.
|
The Jammu and Kashmir Land Grants
Act, 1960
|
XXXVIII of 1960
|
|
70.
|
The Jammu and Kashmir Land
Improvement Schemes Act, 1972
|
XXIV of 1972
|
|
71.
|
The Jammu and Kashmir Land Revenue
Act, Svt. 1996
|
XII of Svt. 1996
|
|
72.
|
The Jammu and Kashmir Legislative Assembly
Speaker's Emoluments Act, 1956
|
IV of 1956
|
|
73.
|
The Jammu and Kashmir Legislative
Council Chairman's (Emoluments) Act, 1962
|
XXVIII of 1962
|
|
74.
|
The Jammu and Kashmir State
Legislature Members' Pension Act, 1984
|
II of 1984
|
|
75.
|
The Jammu and Kashmir Legislature
(Prevention of Disqualification) Act, 1962
|
XVI of 1962
|
|
76.
|
The Jammu and Kashmir State
Legislature Proceedings (Protection of Publication) Act, 1960
|
XXXVII of 1960
|
|
77.
|
Levy of Tolls Act, Svt. 1995
|
VIII of Svt. 1995
|
|
78.
|
The Jammu and Kashmir Migrant
Immovable Property (Preservation, Protection and Restraint on Distress Sales)
Act, 1997
|
XVI of 1997
|
|
79.
|
The Jammu and Kashmir Migrants
(Stay of Proceedings) Act, 1997
|
XVII of 1997
|
|
80.
|
The Jammu and Kashmir Ministers
and Ministers of State Salaries Act, 1956
|
VI of 1956
|
|
81.
|
The Jammu and Kashmir Ministers
and Presiding Officers Medical Facilities Act, 1975
|
XXII of 1975
|
|
82.
|
The Jammu and Kashmir Money
Lenders and Accredited Loan Providers Act, 2010
|
XXIII of 2010
|
|
83.
|
The Jammu and Kashmir Motor Spirit
and Diesel Oil (Taxation of Sales) Act, Svt. 2005
|
V of Svt. 2005
|
|
84.
|
The Jammu and Kashmir Motor
Vehicles Taxation Act, 1957
|
XXVI of 1957
|
|
85.
|
The Jammu and Kashmir Mulberry
Protection Act, Svt. 2006
|
X of Svt. 2006
|
|
86.
|
The Jammu and Kashmir Municipal
Act, 2000
|
XX of 2000
|
|
87.
|
The Jammu and Kashmir Municipal
Corporation Act, 2000
|
XXI of 2000
|
|
88.
|
The Jammu and Kashmir Municipal
Ombudsman Act, 2010
|
XX of 2010
|
|
89.
|
The Jammu and Kashmir
Municipalities Public Disclosure Act, 2010
|
XXIV of 2010
|
|
90.
|
The Jammu and Kashmir Muslim
Marriages Registration Act, 1981
|
XXII of 1981
|
|
91.
|
The Jammu and Kashmir Namdha
Quality Control Act, Svt. 2010
|
VI of Svt. 2010
|
|
92.
|
National Defence Fund Donation of
Immovable Property (Exemption from Stamp Duty and Registration) Act, 1963
|
V of 1963
|
|
93.
|
The Jammu and Kashmir Natural
Calamities Destroyed Areas Improvement Act, Svt. 2011
|
XXXVIII of Svt. 2011
|
|
94.
|
The Jammu and Kashmir
Non-Biodegradable Material (Management) Handling and Disposal Act, 2007
|
XII of 2007
|
|
95.
|
The Jammu and Kashmir Obsolete
Laws (Repeal) Act, 2010
|
XXVII of 2010
|
|
96.
|
The Jammu and Kashmir Ombudsman
for Panchayats Act, 2014
|
V of 2014
|
|
97.
|
The Jammu and Kashmir Panchayati
Raj Act, 1989
|
IX of 1989
|
|
98.
|
The Jammu and Kashmir Paramedical
Council Act, 2014
|
VII of 2014
|
|
99.
|
The Jammu and Kashmir Passengers
Taxation Act, 1963
|
XII of 1963
|
|
100.
|
The Jammu and Kashmir Plant
Disease and Pests Act, 1973
|
XIV of 1973
|
|
101.
|
Plyboard Industries (Acquisition
of Shares and of the Industrial Undertakings) Act, 1987
|
VI of 1987
|
|
102.
|
Police Act, Svt. 1983
|
II of Svt. 1983
|
|
103.
|
The Jammu and Kashmir Preservation
of Specified Trees Act, 1969
|
V of 1969
|
|
104.
|
The Jammu and Kashmir Prevention
of Beggary Act, 1960
|
XL of 1960
|
|
105.
|
The Jammu and Kashmir Prevention
of Fragmentation of Agricultural Holdings Act, 1960
|
XXV of 1960
|
|
106.
|
Prevention of Ribbon Development
Act, Svt. 2007
|
XXVI of Svt. 2007
|
|
107.
|
Prevention of Rum Rasum Act, Svt.
1997
|
I of Svt. 1997
|
|
108.
|
The Jammu and Kashmir Prevention
and Suppression of Sabotages Activities Act, 1965
|
XXII of 1965
|
|
109.
|
The Jammu and Kashmir Prevention
of Unfair Means Examination Act, 1987
|
XX of 1987
|
|
110.
|
The Jammu and Kashmir Private
Colleges (Regulation and Control) Act, 2002
|
XXII of 2002
|
|
111.
|
Probate and Administration Act,
Svt. 1977
|
XXIX of Svt. 1977
|
|
112.
|
The Jammu and Kashmir Professions,
Trades, Callings and Employment Tax Act, 2005
|
IX of 2005
|
|
113.
|
The Jammu and Kashmir Prohibition
on Conversion of Land and Alienation of Orchards Act, 1975
|
VIII of 1975
|
|
114.
|
The Jammu and Kashmir Prohibition
on Manufacture of Specified Copper Utensils (By Machine) Act, 2006
|
XIII of 2006
|
|
115.
|
The Jammu and Kashmir Prohibition
of Ragging Act, 2011
|
VI of 2011
|
|
116.
|
The Jammu and Kashmir State
Prohibition of Smoking (Cinema and Theatre Halls) Act, Svt. 2009
|
XVIII of Svt. 2009
|
|
117.
|
The Jammu and Kashmir Prohibition
of Smoking and Non-Smokers Health Protection in Public Service Vehicles Act,
1997
|
XX of 1997
|
|
118.
|
The Jammu and Kashmir Property
Rights to Slum Dwellers Act, 2012
|
XI of 2012
|
|
119.
|
The Jammu and Kashmir Property Tax
Board Act, 2013
|
XI of 2013
|
|
120.
|
The Jammu and Kashmir Protection
of Interest of Depositors (in Financial Establishments) Act, 2018
|
XIII of 2018
|
|
121.
|
The Jammu and Kashmir Public Men
and Public Servants Declaration of Assets and Other Provisions Act, 1983
|
V of 1983
|
|
122.
|
The Jammu and Kashmir Public
Premises (Eviction of Un-authorised Occupants) Act, 1988
|
XVII of 1988
|
|
123.
|
The Jammu and Kashmir Public
Safety Act, 1978
|
VI of 1978
|
|
124.
|
The Jammu and Kashmir Public
Services Guarantee Act, 2011
|
IX of 2011
|
|
125.
|
The Jammu and Kashmir Registration
of Contractors Act, 1956
|
XVI of 1956
|
|
126.
|
The Jammu and Kashmir Registration
of Tourist Trade Act, 1978
|
IX of 1978
|
|
127.
|
The Jammu and Kashmir Regulation of
Accounts Act, Svt. 2001
|
XIV of Svt. 2001
|
|
128.
|
The Jammu and Kashmir Reservation
Act, 2004
|
XIV of 2004
|
|
129.
|
The Jammu and Kashmir Residential
and Commercial Tenancy Act, 2012
|
V of 2012
|
|
130.
|
The Jammu and Kashmir Restitution
of Mortgaged Properties Act, 1976
|
XIV of 1976
|
|
131.
|
The Jammu and Kashmir Right of
Prior Purchase Act, Svt. 1993
|
II of Svt. 1993
|
|
132.
|
The Jammu and Kashmir Road Safety
Council Act, 2018
|
V of 2018
|
|
133.
|
The Jammu and Kashmir Saffron Act,
2007
|
V of 2007
|
|
134.
|
Salaries and Allowances of Members
of Jammu and Kashmir State Legislature Act, 1960
|
XIX of 1960
|
|
135.
|
Salaries and Allowances of Leader
of Opposition in the State Legislature Act, 1985
|
XVI of 1985
|
|
136.
|
The Sapphire Act, Svt. 1989
|
XVI of Svt. 1989
|
|
137.
|
The Jammu and Kashmir School
Education Act, 2002
|
XXI of 2002
|
|
138.
|
The Jammu and Kashmir Self-Reliant
Cooperatives Act, 1999
|
X of 1999
|
|
139.
|
The Jammu and Kashmir State Sheep
and Sheep Products Development Board Act, 1979
|
IX of 1979
|
|
140.
|
Sher-i-Kashmir University of Agricultural
Sciences and Technology Act, 1982
|
VII of 1982
|
|
141.
|
Sher-i-Kashmir Institute of
Medical Sciences (Grant of Degrees) Act, 1983
|
XII of 1983
|
|
142.
|
The Jammu and Kashmir Shri
Amarnath Ji Shrine Act, 2000
|
XVIII of 2000
|
|
143.
|
The Jammu and Kashmir Shri Mata
Sukhrala Devi Ji and Shri Mata Bala Sundari Shrine Act, 2013
|
III of 2013
|
|
144.
|
The Jammu and Kashmir Shri Mata
Vaishno Devi Shrine Act, 1988
|
XVI of 1988
|
|
145.
|
The Jammu and Kashmir Shri Mata
Vaishno Devi University Act, 1999
|
XII of 1999
|
|
146.
|
The Jammu and Kashmir Shri Shiv
Khori Shrine Act, 2008
|
IV of 2008
|
|
147.
|
The Jammu and Kashmir Sikh
Gurdwaras and Religious Endowments Act, 1973
|
XV of 1973
|
|
148.
|
The Jammu and Kashmir Silk
(Development and Protection) Act, 1988
|
XXVIII of 1988
|
|
149.
|
The Jammu and Kashmir Special
Security Group Act, 2000
|
VI of 2000
|
|
150.
|
The Jammu and Kashmir Special
Tribunal Act, 1988
|
XIX of 1988
|
|
151.
|
Stamp Act, Svt. 1977
|
XL of Svt. 1977
|
|
152.
|
The Jammu and Kashmir Tenancy Act,
Svt. 1980
|
II of Svt. 1980
|
|
153.
|
The Jammu and Kashmir Tenancy
(Stay of Ejectment Proceedings) Act, 1966
|
XXXIII of 1966
|
|
154.
|
The Jammu and Kashmir State Town
Planning Act, 1963
|
XX of 1963
|
|
155.
|
The Jammu and Kashmir Treasure
Trove Act, Svt. 1954
|
--
|
|
156.
|
The Jammu and Kashmir Underground
Public Utilities (Acquisition of Rights of User in Land) Act, 2014
|
IV of 2014
|
|
157.
|
Urban Immovable Property Tax
(Repeal and Saving) Act, 2002
|
XXVIII of 2002
|
|
158.
|
The University of Ladakh Act, 2018
|
Governor's Act No.
|
|
|
|
LVI of 2018
|
|
159.
|
The Jammu and Kashmir Urban
Property (Ceiling) Act, 1971
|
XII of 1971
|
|
160.
|
Usurious Loans Act, Svt. 1977
|
XLVII of Svt. 1977
|
|
161.
|
The Jammu and Kashmir Utilisation
of Lands Act, Svt. 2010
|
IX of Svt. 2010
|
|
162.
|
The Jammu and Kashmir Vaccination
Act, 1967
|
XXI of 1967
|
|
163.
|
The Jammu and Kashmir Vegetable
Seeds Act, Svt. 2009
|
XII of Svt. 2009
|
|
164.
|
The Jammu and Kashmir State
Vigilance Commission Act, 2011
|
I of 2011
|
|
165.
|
The Jammu and Kashmir Water
Resources (Regulation and Management) Act, 2010
|
XXI of 2010
|
|
166.
|
The Jammu and Kashmir Willow (Prohibition on Export and
Movement) Act, 2000
|
XVI of 2000
|
Statement
of Objects and Reasons.
The Ladakh Division of the State of
Jammu and Kashmir has a large area but is sparsely populated with a very
difficult terrain. There has been a long pending demand of people of Ladakh, to
give it the status of a Union Territory to enable them to realise their
aspirations. The Union Territory of Ladakh will be without Legislature.
Further, keeping in view the
prevailing internal security situation, fuelled by cross border terrorism in
the existing State of Jammu and Kashmir, a separate Union Territory for Jammu
and Kashmir is being created. The Union Territory of Jammu and Kashmir will be
with legislature.
Received the assent of the President on 9-8-2019,
published in Gazette of India, vide Extra., Part II, Section 1, No. 53, dated
9-8-2019 and corrected by Corrigenda, published in the Gazette of
India, Extra., Part II, Section 1, dated 12-9-2019, No. 58.
31-10-2019 [Vide: S.O. 2889(E), dt. 9-8-2019.]
Ins. by Act 2 of 2021, S. 2 (w.r.e.f. 7-1-2021).
Subs. for sub-sections (2) to (6) by Act 2 of 2021,
S. 3 (w.r.e.f. 7-1-2021). Prior to substitution it read as:
?(2) The members of the cadres of Indian
Administrative Service, Indian Police Service and Indian Forest Service for the
existing State of Jammu and Kashmir, on and from the appointed day, shall
continue to function on the existing cadres.
(3) The provisional strength, composition and
allocation of officers currently borne on the existing cadre of Jammu and
Kashmir to the Union Territory of Jammu and Kashmir and Union Territory of
Ladakh, as referred to in sub-section (2) shall be such as the Lieutenant
Governor of Union Territory of Jammu and Kashmir may, by order, determine on or
after the appointed day.
(4) The members of each of the said services,
currently borne on the Jammu and Kashmir cadre immediately before the appointed
day shall be finally allocated between the successor Union Territory of Jammu
and Kashmir and Union Territory of Ladakh, in such manner and with effect from
such date or dates as the Central Government may, by order, specify on the
recommendation of Lieutenant Governors of Union Territory of Jammu and Kashmir;
and Union Territory of Ladakh.
(5) The Officers so allocated to both the
Union Territories shall function within these Union Teritories, in accordance
with the rules framed by the Central Government.
(6) In future, the All-India Service officers
to be posted to Union Territory of Jammu and Kashmir or Union Territory of
Ladakh, as the case may be, shall be borne on the Arunachal Goa Mizoram Union
Territory cadre, and necessary modifications in corresponding cadre allocations
rules may be made accordingly, by the Central Government.?