TaxTMI 
TaxTMI 
The Constitution (Application to Jammu and Kashmir) Order, 1954
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....ection 2 of the Constitution (Thirty-first Amendment) Act, 1973, section 2 of the Constitution (Thirty-third Amendment) Act, 1974, sections 2, 5, 6 and 7 of the Constitution (Thirty eighth Amendment) Act, 1975, the Constitution (Thirty-ninth Amendment) Act, 1975, the Constitution (Fortieth Amendment) Act, 1976, sections 2, 3 and 6 of the Constitution (Fifty-second Amendment) Act, 1985 and the Constitution (Sixty-first Amendment) Act, 1988 which, in addition to article 1 and article 370, shall apply in relation to the State of Jammu and Kashmir and the exceptions and modifications subject to which they shall so apply shall be as follows:-] (1) THE PREAMBLE. (2) PART I. To article 3, there shall be added the following further proviso, namely:- "Provided further that no Bill providing for increasing or diminishing the area of the State of Jammu and Kashmir or altering the name or boundary of that State shall be introduced in Parliament without the consent of the Legislature of that State.". (3) PART II. (a) This Part shall be deemed to have been applicable in relation to the State of Jammu and Kashmir as from the 26th day of January, 1950. (b) To article 7, there ....
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....n let for agricultural purposes or for purposes subservient to agriculture, or for pasture, and includes- (i) sites of buildings and other structures on such land; (ii) trees standing on such land; (iii) forest land and wooded waste; (iv) area covered by or fields floating over water; (v) sites of jandars and gharats; (vi) any jagir, inam, muafi or mukarrari or other similar grant, but does not include- (i) the site of any building in any town, or town area or village abadi or any land appurtenant to any such building or site; (ii) any land which is occupied as the site of a town or village; or (iii) any land reserved for building purposes in a municipality or notified area or cantonment or town area or any area for which a town planning scheme is sanctioned.'. ^6[(h) In article 32, clause (3) shall be omitted.] (i) In article 35- (i) references to the commencement of the Constitution shall be construed as references to the commencement of this Order; (ii) in clause (a) (i), the words, brackets and figures "clause (3) of article 16, clause (3) of article 32" shall be omitted; and (iii) after clause (b), the following clause shall be add....
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....of communication and public convenience; and (d) the constituencies into which the State is divided shall not comprise the area under the occupation of Pakistan. (3) Nothing in clause (2) shall affect the representation of the State in the House of the People until the dissolution of the House existing on the date of publication in the Gazette of India of the final order or orders of the Delimitation Commission relating to the delimitation of parliamentary constituencies under the Delimitation Act, 1972. (4) (a) The Delimitation Commission shall associate with itself for the purpose of assisting it in its duties in respect of the State, five persons who shall be members of the House of the People representing the State. (b) The persons to be so associated from the State shall be nominated by the Speaker of the House of the People having due regard to the composition of the House. (c) The first nominations to be made under sub-clause (b) shall be made by the Speaker of the House of the People within two months from the commencement of the Constitution (Application to Jammu and Kashmir) Second Amendment Order, 1974. (d) None of the associate members shall have a rig....
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....ention of activities involving terrorist acts directed towards overawing the Government as by law established or striking terror in the people or any section of the people or alienating any section of the people or adversely affecting the harmony amongst different sections of the people;] ^21[(aa)]^22[prevention of other activities] directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and this Constitution; and (b) taxes on- (i) foreign travel by sea or air; (ii) inland air travel; (iii) postal articles, including money orders, phonograms and telegrams.". ^23[Explanation.-In this article, "terrorist act" means any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or any other substances (whether biological or otherwise) of a hazard....
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.... article 303, the words "by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule" shall be omitted. ^33* * * * * (9) PART XIV. ^34[In article 312, after the words "the States", the brackets and words "(including the State of Jammu and Kashmir)" shall be inserted.] ^35[(10) PART XV. (a) In clause (1) of article 324, the reference to the Constitution shall, in relation to elections to either House of the Legislature of Jammu and Kashmir, be construed as a reference to the Constitution of Jammu and Kashmir. ^36[(b) In articles 325, 326, 327 and 329, the reference to a State shall be construed as not including a reference to the State of Jammu and Kashmir. (c) Article 328 shall be omitted. (d) In article 329, the words and figures "or article 328" shall be omitted.]] ^37[(e) In article 329A, clauses (4) and (5) shall be omitted. (11) PART XVI. ^38* * * * * ^39[(a)] Articles 331, 332, 333, ^40[336 and 337] shall be omitted. ^39[(b)] In articles 334 and 335, references to the Stat....
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....rued as references to the Constitution or the provisions thereof as applied in relation to the said State; ^52[(aa) references to the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the Sadar-i-Riyasat of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office, shall be construed as references to the Governor of Jammu and Kashmir; (b) references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers: Provided that in respect of any period prior to the 10^th day of April, 1965, such references shall be construed as including references to the Sadar-i-Riyasat acting on the advice of his Council of Ministers;] (c) references to a High Court shall include references to the High Court of Jammu and Kashmir; ^53* * * * * ^54[(d)] references to the permanent residents of the said State shall be construed as meaning persons who, before the commencement of the Constitution (Applicati....
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....olutions, Resolutions of the Constituent Assembly, and other instruments having the force of law in the territory of the State of Jammu and Kashmir; and (iii) references to the commencement of the Constitution shall be construed as references to the commencement of this Order. (c) In clause (4) of article 374, the reference to the authority functioning as the Privy Council of a State shall be construed as a reference to the Advisory Board constituted under the Jammu and Kashmir Constitution Act, 1996 and references to the commencement of the Constitution shall be construed as references to the commencement of this Order. (17) PART XXII. Articles 394 and 395 shall be omitted. (18) FIRST SCHEDULE. (19) SECOND SCHEDULE. ^62* * * * * (20) THIRD SCHEDULE. Forms V, VI, VII and VIII shall be omitted. (21) FOURTH SCHEDULE. ^63[(22) SEVENTH SCHEDULE. (a) In the Union List- (i) for entry 3, the entry "3. Administration of cantonments." shall be substituted; ^64[(ii) entries 8, 9 ^65[and 34], ^66*** entry 79, and ....
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....me Court and the High Court) in so far as it relates to,- (i) offences against laws with respect to any matters being matters with respect to which Parliament has power to make laws; and (ii) administration of oaths and taking of affidavits by diplomatic and consular officers in any foreign country."; (ib) for entry 12, the following entry shall be substituted, namely:- "12. Evidence and oaths in so far as they relate to,- (i) administration of oaths and taking of affidavits by diplomatic and consular officers in any foreign country; and (ii) any other matters being matters with respect to which Parliament has power to make laws."; (ic) for entry 13, the entry "13. Civil procedure in so far as it relates to administration of oaths and taking of affidavits by diplomatic and consular officers in any foreign country." shall be substituted; ^76* * * * * ^77[^78[(ii)] for entry 30, the entry "30. Vital statistics in so far as they relate to births and deaths including registration of births and deaths." shall be substituted;] ^79* * * * * ^80[(ii....
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....aragraph (4), the reference to the commencement of the Constitution (Fifty-second Amendment) Act, 1985 shall be construed as a reference to the commencement of the Constitution (Application to Jammu and Kashmir) Amendment Order, 1989; (d) in paragraph 5, the words "or the Chairman or the Deputy Chairman of the Legislative Council of a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State" shall be omitted; (e) in sub-paragraph (2) of paragraph 6, the words and figures "or, as the case may be, proceedings in the Legislature of a State within the meaning of article 212'' shall be omitted; (f) in sub-paragraph (3) of paragraph 8, the words and figures "or, as the case may be, article 194," shall be omitted.] ********************************** Notes : 1. Published with the Ministry of Law Notification No. S.R.O. 1610, dated the 14th May, 1954, Gazette of India, Extraordinary, Part II, section 3, page 821. 2. The opening words have been successively amended by C.O. 56, C.O. 74, C.O.76, C.O.79, C.O. 89, C.O.91, C.O.94, C.O.98, C.O.103, C.O.104, C.O.105, C.O.108, C.O.136 and C.O. 141 to read as above. ....