The Constitution (Application to Jammu and Kashmir) Order, 1954
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....titution (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 shall be added the following furth....
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....r 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 added, namely:- "(c) no law with respect to preventive detention made by the Legislature of the State of Jam....
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....cupation 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 right to vote or to sign any decision of the Delimitation Commission. (e) If owing to death or resignation, the office of an associate member falls vacant,....
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....f 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 hazardous nature.] 24[(bb) In article 249, in clause (1), for the words "any matter enumerated in the State List specified in the resolution", the words "any matter specified in the resolution, being a matter which is not e....
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.... 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 State or the States shall be construed as not including references to the State of Jammu and Kashmir. 41[(c) In clause (1) of article 339, the words "the administration of the Scheduled Areas and" shall be omitted.] (12) PART XVII. The provisions of the Part shall apply only in so far as they relate to- (i) the official language of the Un....
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.... (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 10th 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 (Application to Jammu and Kashmir) Order, 1954 were recognised as State subjects under the laws in force in the State or who are recognised by any law made by the Legislature of the State as permanent residents of the State; and 55[(e) references to a Governor shall include references to the Governor of Jammu and Kashmir: Provided that in respect of any period prior to the 10th day of April, 1965, such references shall be construed as references to the person recognised by the Pre....
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....he 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 the words "Inter-State migration" in entry 81 shall be omitted;] 67* * * * * 68[(iii) in entry 72, the reference to the States shall be construed,- (a) in relation to appeals to the Supreme Court from any decision or order of the High Court of the State of Jammu and Kashmir made in an election petition whereby an election to either House of the Legislature of that State has been called in question, as including a reference to the State of Jammu and Kashmir; (b) in relation to other matters, as not including a reference to that State]; 69[and] 70[(iv) for entry 97, the foll....
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.... (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[(iii) entry 3, entries 5 to 10 (both inclusive), entries 14, 15, 17, 20, 21, 27, 28, 29, 31, 32, 37, 38, 41 and 44 shall be omitted; (iiia) for entry 42, the entry "42. Acquisition and requisitioning of property, so far as regards acquisition of any property covered by entry 67 of List I or entry 40 of List III or of any human work of art which has artistic or aesthetic value." shall be substituted; and 81[(iv) in entry 45, for the words and figures "List II or List III", the words "this List" shall be substituted. (23) EIGHTH SCHEDULE. 82[(24) NINTH SCHEDULE. 83[(a)] After entry 64, the following entries shall be added, namely:- 8464A. The Jammu and Kashmir State Kuth Act (No. I of....
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....he 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. 3. Cl. (b) omitted by C.O. 124. 4. Subs. by C.O. 69, for "ten years". 5. Subs. by C.O. 97, for "twenty". 6. Subs. by C.O. 89, for cl. (h). 7. Subs. by C.O. 69, for "ten years". 8. Subs. by C.O. 97, for "twenty". 9. Subs. by C.O. 98, for cls. (a) and (b). 10. Ins. by C.O. 98. 11. Cls. (c) and (d) relettered as cls. (d) and (e), ibid. 12. The figures "136" omitted by C.O. 60. 13. Cls. (f) and (g) omitted by C.O. 56. 14. Ins. by C.O. 60 (w.e.f. 26-1-1960). 15. Subs. by C.O. 89, for cl. (a). 16. Subs. by C.O. 74, for cl. (c) (w.e.f. 24-11-1965). 17. Subs. by C.O. 66, for cl. (a). 18. Cls. (b) and (bb) subs. by C.O. 85, for original cl. (b). 19. Subs. by C.O. 93, for cl. (b). 20. Ins. by C.O. 122. 21. Cl. (a) relettered as cl. (aa), ibid. 22. Subs., ibid., for "prevention of activities". 23. Ins. by C.O. 122. 24. Subs. by C.O. 129, for....