TaxTMI 
TaxTMI 
THE JAMMU AND KASHMIR REORGANISATION BILL, 2019
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....HE JAMMU AND KASHMIR REORGANISATION BILL, 2019 <br>News and Press Release<br>Dated:- 5-8-2019<br><BR>============= Document 1 AS INTRODUCED IN THE RAJYA SABHA Bill No. XXIX of 2019 THE JAMMU AND KASHMIR REORGANISATION BILL, 2019 A BILL 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 1. This Act may be called the Jammu and Kashmir Reorganisation Act, 2019. 5 2. 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 (43 of 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....
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.... the appointed day, comprising the territory which 43 of 1950. 10 Short title. Definitions. Formation of Union territory of Ladakh without Legislature. Formation of Union territory of Jammu and Kashmir with Legislature. Governor of existing State of Jammu and Kashmir to be common Lieutenant Governor. 2 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 Adminstrator of the Union territory appointed by the President under artcle 239; (i) “notified order†means an order published in the Official Gazette; (j) "population ratioâ€, 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 ter....
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....ritory 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; (1) "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; 5 10 15 (m) "sitting memberâ€, 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 20 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 shal....
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....l 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 3. 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. 25 30 35 4. 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 40 State of Jammu and Kashmir other than those specified in section 3. 5. 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. 3 6. On and from the appointed day, in the First Schedule to the Constitution, under the heading "I. THE STATESâ€,— (a) entry 15 shall be d....
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....eleted. (b) entries from 16 to 29 shall be renumbered as 15 to 28. Amendment of First Schedule to the Constitution. 5 (c) under the heading —“II. UNION TERRITORIESâ€,— 10 15 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 Reorganization Act, 2019". "9. Ladakh: The territories specified in section 3 of the Jammu and Kashmir Reorganization Act, 2019". of the Government 7. Nothing in the foregoing provisions of this Part shall be deemed to affect the power Saving powers 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. of Union territory of Jammu and Kashmir. PART III REPRESENTATION IN THE LEGISLATURES 43 of 1950. Delimitation of Parliamentary Constituencies Order 1976. 20 The Council of States 8. 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....
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.... as entries 21 to 30, respectively; (c) after entry 30, the following entry shall be inserted, namely:― "31. Jammu and Kashmir. .4" Amendment of Fourth Schedule to Constitution Allocation of 9. (1) On and from the appointed day, four sitting members of the Council of States 25 representing the existing State of Jammu and Kashmir shall be deemed to have been elected sitting to fill the seats allotted to the Union territory of Jammu and Kashmir, as specified in the First Schedule to this Act. 30 35 (2) The term of office of such sitting members shall remain unaltered. The House of the People 10. 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 (43 of 1950) shall be deemed to be amended accordingly. members. Representation in House of the People. 11. (1) On and from the appointed day, the Delimitation of Parliamentary Constituencies Delimitation Order, 1976 shall stand amended as directed in the Second Schedule of this Act. (2) The Election Co....
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....mmission 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. 12. (1) Every sitting member of the House of the People representing a constituency 40 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. of Parliamentary Constituencies. Provision as to sitting members. Applicability of article 239A of Constitution. Legislative Assembly for the Union Territory of Jammu and Kashmir and its composition. 4 The Lieutenant Governor and The Legislative Assembly of Union territory of Jammu and Kashmir 13. On and from the appointed day, the provisions contained in article 239A, which are applicable to "Union territo....
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....ry of Puducherryâ€, shall also apply to the “Union territory of Jammu and Kashmirâ€. 14. (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. 5 (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 10 Jammu and Kashmir to be filled by persons chosen by direct election shall be 107. (4) Nowithstanding 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. 15 (5) On and from the ap....
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....pointed day, the Delimitation of Assembly Constituencies 20 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 25 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 30 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 re....
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....levant figures have been published shall, until the relevant figures for the first census 35 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 40 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, under the 43 of 1950. heading "I. THE STATES:" "(a) entry 10 shall be deleted". "(b) entries 11 to 29 shall be renumbered as 10 to 28â€. 45 43 of 1950. 5 5 (10) In the Second Schedule to the Representation of the People Act, 1950, under the heading "II. Union Territories" (a) after entry 4, the following entries shall be inserted, namely:― 1 2 3 4 5 6 7 " "5. Jammu and Kashmir 83 6 83 6 (11) The provisions of articles 324 to 327 and 329 of the Constitution of India, ....
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....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 10 Legislature" shall be deemed to be a reference to Parliament. 15 20 of women. 15. Notwithstanding anything in sub-section (3) of section 14 the Lieutenant Governor Representation 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. 16. A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly Qualification 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; under (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 ....
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....any law made by the Parliament. for membership of Legislative Assembly. Duration of 17. 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 Legislative Assembly. 25 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. 30 18. (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. and Sessions of Legislative Assembly, prorogation dissolution. 35 (2) The Lieutenant Governor may, from time to time,― (a) prorogue the House; (b) dissolve the Legislative Assembly. 40 45 19. (1) L....
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....egislative 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. Speaker and Deputy Speaker of Legislative Assembly. (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: Speaker or Deputy Speaker not to preside while a resolution for his removal from office is under consideration. Special address by Lieutenant Governor to Legislative Assembly. Rights of Ministers and Advocate General as respects Legislative Assembly. Rights of Lieutenant Governor to address and send messages to the Legislative As....
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....sembly. 6 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 5 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, 10 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 15 Assembly of the Union territory of Jammu and Kashmi....
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....r by law and, until provision in that behalf is so made, such salaries and allowances as the Lieutenant Governor may, by order determine. 20. (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. 21. (1) At the commencement of the first session after each general election to the Legi....
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....slative 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. 22. 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. 23. (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 ....
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.... any matter required by the message to be taken into consideration. 20 25 30 35 40 45 5 10 15 20 25 30 35 40 45 7 24. 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. Oath or affirmation by members. 25. (1) Save as otherwise provided in this Act, all questions at any sitting of the Voting in 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 th....
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....e 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. Assembly, power of Assembly to act notwithstanding vacancies and quorum. seats. 26. (1) No person shall be a member both of Parliament and of the Legislative Assembly, Vacation of 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 ....
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....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. 27. (1) A person shall be disqualified for being chosen as, and for being, a member of Disqualifications the Legislative Assembly― membership. (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 c....
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....lause (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 for Disqualification on ground of defection for being a member. Penalty for sitting and voting before making oath 8 Union Territory of Jammu and Kashmiror 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 5 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. 10 28. The provisions of the Tenth Schedule to the Constitution shall, subject to the necessary modifications (including modifications for construing references therein to the ....
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....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 15 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. 29. 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 or affirmation 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 pen....
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....alty of five hundred rupees to be recovered as a debt due to the said Union territory. or when not qualified or when disqualified. Powers, privileges, etc., of members. Salaries and allowances of members. Extent of legislative power. 30. (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. 20 25 (2) No member of the Legislative Assembly shall be liable to any proceedings in any 30 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 35 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 other....
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....wise 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. 31. 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. 40 32. (1) Subject to the provisions of this Act, the Legislative Assembly may make laws 45 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 9 10 Schedule to the Constitution of India in so far 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 5 and Kashmir or any part thereof. 33. The pro....
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....perty of the Union shall, save in so far 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. 34. (1) The provisions of article 286, article 287 and article 288 shall apply in relation to 15 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 20 referred to in that article as they apply in relation ....
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....to any law passed by the Legislature of a State with respect to those matters. 25 35. 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 30 made by the Legislative Assembly of the Union territory shall, to the extent of the repugnancy, be void: 35 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 & Kashmir: Provided further that nothing in this secti....
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....on 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. 36. (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 40 Amendment makes provision for any of the following matters, namely:― 45 (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; Exemption of property of the Union from taxation. Restrictions on laws passed by Legislative Assembly with respect to certain matters. Inconsistency between laws made by Parliament and laws made by Legislative Assembly. Special provisions as ....
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.... to financial Bills. Procedure as to lapsing of Bills. Assent to Bills. Bills reserved for consideration. 10 (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 5 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 Ass....
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....embly, the consideration of the Bill. 37. (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. 38. 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: 10 15 20 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 25 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 Lieute....
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....nant 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,― 30 (a) in the opinion of the Lieutenant Governor would, if it became law, so 35 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 31A; 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. 39. When a Bill is reserved by Lieutenant Governor for the consideration of the President, the President shall declare eit....
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....her 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 40 45 50 5 11 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. as to sanction and 40. No Act of the Legislative Assembly and no provision in any such Act, shall be Requirements 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. 41. (1) The Lieutenant Governor shall in respect of every financial year cause to be 10 laid before the Legislative Assembly of the Union territory of Jammu and Kashmir, a statement of the estim....
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....ated receipts and expenditure of the Union territory for that year, in this Part referred to as the "annual financial statementâ€. 15 20 25 30 55 35 (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 t....
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....he 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. 42. (1) So much of the estimates as relates to expenditure charged upon the 40 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 45 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....
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.... therein. recommendations to be regarded as matters of procedure only. Annual financial statement. Procedure in Legislative Assembly with respect to estimates. 12 Appropriation Bills. Supplementary, additional or excess grants. Votes on account. (3) No demand for a grant shall be made except on the recommendation of the Lieutenant Governor. 43. (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. 5 (2) No amendment shall be proposed to any such Bill in the Legislative Assembly 10 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....
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.... 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. 44. (1) The Lieutenant Governor shall― 15 (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 20 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 ....
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....case may be. 25 (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 30 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 35 expenditure or grant. 45. (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 40 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 th....
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....e 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 45 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. 50 13 5 10 46. (1) The Legislative Assembly may make rules for regulating, subject to the provisions Rules of 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 o....
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....f 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 in so far 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 15 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. 47. (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 20 languages to be used for all or any of the official purposes of the Union territory of Jammu 25 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 Engl....
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....ish: 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. procedure. Official language or languages of Union territory of Jammu and Kashmir and language or languages to be used in Legislative Assembly thereof. 48. Notwithstanding anything contained in section 47, until Parliament by law otherwise Language to 30 provides, the authoritative texts― Acts, Bills, be used for (a) of all Bills to be introduced or amendments thereto to be moved in the Legislative Assembly, etc. 35 40 (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 of, 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 Assembl....
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....y 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. 49. No discussion shall take place in the Legislative Assembly with respect to the 45 conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties. Restriction on discussion in the Legislative Assembly. Courts not to inquire into proceedings of Legislative Assembly. Secretariat of the Legislative Assembly. Power of Lieutenant Governor to promulgate Ordinances during recess of Legislative Assembly. Council of Ministers. 14 50. (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 5 exercise by him of th....
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....ose powers. 51. (1) 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. 52. (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 hav....
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....e 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 re-assembly 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 53. (1) There shall be a Council of Ministers consisting of not more than ten percent 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 in so far 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 ....
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....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. (iii) related to All India Services and Anti Corruption Bureau: 10 15 20 25 30 35 40 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 45 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. 15 (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. Other 54. (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 provisions as 5 Minister. 10 (2) The Ministers shall hold office during the pleasure of the Lieutenant Governor. (3) The Council of Ministers shall be collectively respons....
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....ible 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. (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 15 may from time to time by law determine, and until the Legislative Assembly so determines, shall be determined by the Lieutenant Governor. 20 55. (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 ....
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.... 25 be taken in the name of the Lieutenant Governor. 30 35 (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. 56. 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 to Ministers. Conduct of business. Duties of Chief Minister as respects the furnishing of information to the Lieutenant Governor, etc. Abolition of 57. (1) Notwithstanding anything to the contrary contained in any law, document, judgment, ordinance,....
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.... rule, regulation or notification, on and from the appointed day, the Legislative 40 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 ceased 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. Council of the State of Jammu and Kashmir. 16 PARTIV Appointment of Lieutenant Governor of Union territory of Ladakh. ADMINISTRATION OF UNION TERRITORY OF LADAKH 58. (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 Pa....
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....rliament 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. 5 10 Definitions. Delimitation of constituencies. PART V DELIMITATION OF CONSTITUENCIES 59. 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; 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 elect....
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....ions to the Legislative Assembly. 60. (1) Without prejudice to sub-sections (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 s....
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....hall, as far as practicable, be geographically compact areas, and in delimiting them, regard shall be had to physical features, existing 15 20 33 of 2002. 25 30 35 40 45 17 5 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 10 House of the People representing the Union territory of Jammu and Kashmir: 15 20 25 30 35 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 sh....
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....all 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 bef....
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....ore the Legislative Assembly of the Union territory of Jammu and Kashmir. 61. (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. Power of Election Commission to maintain Delimitation Orders 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. 33 of 2002. 40 62. (1) On and from the appointed day, notwithstanding the publication of orders under sub-section (1) of section 10 of the Delimitation Act, 2002 or anything contained in provision as 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: Special to readjustment of Parliamentary 45 (a) in section 2(f), the words â....
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....œbut 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 figure "census held in the year 2001", wherever occurring, shall be construed as words and figure "census held in the year 2011". and Assembly Constituencies on the basis of 2011 census. 18 Special provisions as to readjustment of Assembly and Parliamentary Constituencies. Procedure as to delimitation. Applicability of Scheduled Castes Order. Applicability of Scheduled Tribes Order. (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, published 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 Commissi....
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....on, 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, published in the Official Gazette, specify. 63. 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. 64. 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 65. 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. 5 10 15 20 Jammu and Kashmi....
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....r (Scheduled Castes) Order, 1956. Jammu and Kashmir 66. 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 25 (Scheduled Tribes) Union territory of Ladakh. Order, 1989. PART VII Consolidated Fund of the Union territory of Jammu and Kashmir. Public Account of the Union territory of Jammu and Kashmir and moneys credited to it. MISCELLANEOUS AND TRANSITIONAL PROVISIONS 67. (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 30 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 35 Fund of the Union territory of Jammu and Kashmir and a....
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....ll 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 Kashmirâ€. (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 therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the Lieutenant Governor. 40 68. (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 45 Account of the Union territory of Jammu and Kashmirâ€. (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 19 Accounts of the Union territory of Jammu and Kashmir and the withdr....
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....awal 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. Fund of Union territory of Jammu and 69. (1) There shall be established a Contingency Fund in the nature of an imprest to be Contingency 5 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. 10 (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 15 regulating all matters connected with or ....
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....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. Kashmir. upon the 70. (1) The executive power of the Union territory extends to borrowing upon the Borrowing security of the Consolidated Fund of the Union territory of Jammu and Kashmir within such 20 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. 25 30 35 40 45 (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. 71. 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. 72. 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....
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.... to be laid before the Legislative Assembly. 73. 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. 74. 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 authorize, 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 suc....
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....h expenditure by Parliament. security of Consolidated Fund of Union territory of Jammu and Kashmir. Form of accounts of the Union territory of Jammu and Kashmir. Audit reports. Provision in case of failure of constitutional machinery. Authorisation of expenditure by President. 20 PART VIII HIGH COURT High Court of Jammu and Kashmir to be common High Court. Special provision relating to Bar Council and advocates. Practice and procedure in common High Court of Jammu and Kashmir. Savings. 75. (1) On and from the appointed day,― (a) the High Court of Jammu and Kashmir shall be the common High Court for the Union territory of Jammu and Kashmir and Union territory of 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. 5 (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 10 territory of Ladakh on the basis of population ratio. 76. (1) On and fr....
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....om the date referred to in sub-section (1) of section 75, in the Advocates Act, 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. 15 20 (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 25 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....
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....) 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. 77. 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: 30 35 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 40 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....
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.... the necessary modifications in relation to practice and procedure in the common High Court of Jammu and Kashmir as if made by that Court. 78. Nothing in this Part shall affect the application to the common High Court of 45 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. 25 of 1961. 5 10 15 21 PART IX ADVOCATE-GENERAL OF UNION TERRITORY OF JAMMU AND KASHMIR 79. (1) The Lieutenant Governor shall appoint a person who is qualified to be appointed Advocate a Judge of the High Court, to be Advocate-General for the Union territory of Jammu and Kashmir. General for Union territory of Kashmir. (2) It shall be the duty of such Advocate - General to give advice to the Government of Jammu and 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 ....
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....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 80. 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 20 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 25 beyond the said period of s....
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....ix months. 30 35 40 45 Authorisation of expenditure of Union territory of Jammu and Kashmir. Authorisation 81. 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 of expenditure 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. 82. (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....
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.... 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. of Union territory of Ladakh. Reports relating to accounts of Jammu and Kashmir State. Distribution of revenue. Application of this Part. 22 83. (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 5 Tterritories Finance Commission to take into account the resources avai....
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....lable to the successor Union territory of Ladakh and make separate award for the successor Union territory of Ladakh: Provided 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 84. (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 c....
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....ommittee constituted by the Central Government. (3) The process of apportionment shall be completed within a period of twelve months from the appointed day. 10 15 20 25 PART XII PROVISIONS AS TO CERTAIN CORPORATIONS AND ANY OTHER MATTERS Advisory 85. (1) The Central Government may by order, establish one or more Advisory Committee(s). 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 ....
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....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. 30 35 40 45 59 of 1988. 43 of 1961. 5 10 23 86. (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 ....
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....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, 15 exempt from the payment of any such toll, entrance fees or other charges for its operations in the transferred territory: 20 25 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. 87. Where the a....
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....ssets, 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 30 carried forward and set off in accordance with the provisions of Chapter VI of the Income-tax Act, 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. 35 IAS (Cadre) 40 rules, 1954. IPS (Cadre) rules, 1954. IFS (Cadre) 45 rules, 1966. 50 PART XIII PROVISIONS AS TO SERVICES 88. (1) In this section, the expression "State cadreâžâ€” Temporary to provisions as continuance of certain existing ro....
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....ad transport permits. Special provision as to income- tax. Provisions relating to All- (a) in relation to the Indian Administrative Service, has the same meaning India Services. assigned to it in the Indian Administrative Service (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; and (c) in relation to the Indian Forest Service, has the same meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966. (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 24 Provisions relating to other services. Other provisions relating to services. 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,....
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.... 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. 89. (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 ....
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.... 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 Administartion of the successor Union Territories, as the case may be. 5 10 15 20 (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 25 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: 30 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....
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.... 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 35 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. 90. (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 ....
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....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,― 40 45 (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; 50 5 25 (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. to continuance of officers in same post. 91. Every person who, immediately before the appointed day, is holding or discharging Provisions as 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 10 shall continue to hold the same post or office in that successor Union territory, and shall be deemed....
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...., 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: 15 20 25 30 35 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. 92. 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. 93. (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....
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.... 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 State 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 40 any, where the advice of the Commission was not accepted, t....
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....he reasons for such non- acceptance to be laid before the Legislature of the Union territory of Jammu and Kashmir. 45 PART XIV LEGAL AND MISCELLANEOUS PROVISIONS 94. 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. 95. (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. Provision for employees of Public Sector Undertakings, etc. Provisions as to State Public Service Commission. Amendment of section 15 of Act 37 of 1956. Territorial extent of laws. Power to adapt laws. Power to construe laws. Power to name authorities, etc., for exercising 26 (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 L....
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....adakh. 96. 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, 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. 5 10 97. 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 15 necessary or proper in regard to the matter before the court, tribunal or authority. 98. The Lieutenant Governor, as respects the concerned territo....
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....ry 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. 20 statutory functions. Legal proceedings. Transfer of pending proceedings. 99. 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 25 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. 100. (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 fa....
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....lls 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- 30 35 (i) the court, tribunal, authority or officer in which, or before whom, the 40 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 45 Government of the existing State of Jammu and Kashmir to be ....
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....the corresponding court, tribunal, authority or officer. 5 10 27 101. 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. Right of pleaders to practise in certain cases. 102. The provisions of this Act shall have effect notwithstanding anything inconsistent Effect of therewith contained in any other law. 103. (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 the appointed day. from (2) Every order made under this section shall be laid before each House of Parliament. provisions of the Act inconsistent with other ....
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.... laws. Power to remove difficulties. 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. NEW DELHI; The 5th August, 2019. 28 AMIT SHAH. FINANCIAL MEMORANDUM Clause 83 of the Bill dealing with distribution of revenues, provides that the Central Government shall determine the share of the award made by the Fourteenth Finance Commission between the two successor Union Territories on the basis of population ratio and other parameters. The said clause also seeks to provide appropriate grants to the successor Union territory of Ladakh having regard to the resources available to that....
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.... Union territory. Clause 84 of the Bill deals with apportionment of assets and liabilities on the basis of the recommendations of the Advisory Committee(s), which may involve expenditure from the Consolidated Fund of India. By formation of a separate Union territory for Ladakh without Legislature, would involve expenditure from the Consolidated Fund of India. 29 29 The First Schedule (See Section 9) Union territory of Jammu and Kashmir Members of Council of State S.No. Name of the sitting Member 1. Fayaz Mir Mohammad 2. Laway Shri Nazir Ahmed 3. Manhas Shri Shamsher Singh 4. Ghulam Nabi Azad Term 11/02/2015 to 10/02/2021 16/02/2015 to15/02/2021 11/02/2015 to 10/02/2021 16/02/2015 to 15/02/2021 The Second Schedule [See Section 11(1)] Amendments to the Delimitation of Parliamentary Constituencies Order, 1976 Union territory of Jammu and Kashmir S.No. Name of the Constituency 1. Baramulla 2. Srinagar 3. Anantnag 4. Udhampur 5. Jammu S.No. Name of the Constituency 1. Ladakh Note. (i) Parliamentary Constituencies Extent of Constituency Baramulla District Srinagar District Anantnag District Udhampur, Doda and Kathua Districts Jammu, ....
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....Rajouri and Poonch Districts Union territory of Ladakh Parliamentary Constituency Extent of Constituency Ladakh District 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. 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). 30 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. Name of the Assembly No. Constituency 1 2 Extent 3 1 Karnah 2. Kupwara 3. Lolab 4. 5. 6. 7. Handwara Langate h Uri Rafiabad 8. Sopore KUPWARA DISTRICT All PCs of Tehsil Karnah; PC Keran of Tehsil 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,....
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.... 42-Kupwara and P.C. 55-Manzgam in Tehsil Handwara. 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. 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. 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. BARAMULL....
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....A DISTRICT All PCs in Tehsil Uri. PCs 11-Chakloo, 12- Nadihal, 13-Shitloo, 15-Biner Kahdoora in Tehsil Baramulla; and 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. 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. 31 32 1 2 9. Gurez 10. Bandipora 11. Sonawari 12. Sangrama 13. Baramulla 14. Gulmarg 15. Pattan 16. Kangan 17. Ganderbal 18. Hazratbal 19. Zadibal 20. Idgah 21. 22. 23. 22 Khanyar Habbakadal Amirakadal 24. Sonawar 25. Batamaloo All PCs in Tehsil Gurez. 3 All PCs in Tehsil Bandipora; and PC 1- Ajas of Tehsil Sonawari. All PCs in Tehsil Sonawari excluding PC 1-Ajas. PCs 16-Kreeri, 17-Wizar, 18-Authora, 19-Shalakawara, 20-Nowpora-Jagir, 21-....
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....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. 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. 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. Tehsil Pattan excluding 2-Wailoo-Kralpora, 8-Sriwarapora, 9-Chokar, 10-Waripora Bangil, 12-Malmoh, 13-Nowlari and 16-Yal. SRINAGAR DISTRICT All PCs of Tehsil Kangan; and PCs -Manigam, 2-Wailoo, 3-Nunar in Tehsil Ganderwal. Tehsil Ganderbal excluding 1-Manigam, 2-Wailoo, 3-Nunar and P.C. Haran in Srinagar Tehsil. 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 ....
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.... wards. Wards 14 and 15 in Srinagar Municipality and boat population of Anchar and of the ghats of these wards. Wards 8 and 11 in Srinagar Municipality and P.C. 38-Palpora and 41-Sangam in Srinagar Tehsil. 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. Wards 7 and 9 in Srinagar Municipality and boat population of Wards 6, 7 and 9. Wards 3 and 4 in Srinagar Municipality excluding (i) Natipora (rural), (ii) Rawalpora (rural), (iii) Hyderpora (rural); 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. Wards 1 and 2 in Srinagar Municipality and Badamibagh Cantonment and P.C. 21-Chitrahama, 19-Dara, 29-Khunmu, 30-Balhama, 31-Zewan in Tehsil Sringar and boat population of ghats in these wards. Wards 5 and 6 in Srinagar Municipality; and PCs 6-Mujgund, 42-Bachipora Tengpora in Srinagar Tehsil. 33 1 2 26. Chadoora 22 27. Badgam 28. Beerwah 29. Khansahib 30. Chrar-i-Sharief 31. Tral 32. P....
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....ampore 33. Pulwama लं लं 34. Rajpora 35. Wachi BUDGAM DISTRICT 3 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. 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. 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....
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...., 33-Aripanthan, 34-Palpora, 36-Hardua-Shorsh in Tehsil Beerwah. 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. 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. PULWAMA DISTRICT All PCs in Tehsil Tral. All PCs in Tehsil Pampore and Patwar Circles 26-Awantipora, 27-Padgampora, 29-Lilhar, 46-Nihama, 47-Kakapora in Tehsil 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-....
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....Nownagri, 24-Tokna, 25-Malangpora, 28-Lajoora, 40-Palapora, 45-Newa, 48-Jagir Parigam, 49-Tumchi Nowpora, 50-Hakripora in Tehsil Pulwama. 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. 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. 34 1 2 36. Shopian 37. Noorabad. 38. Kulgam 39. Home-Shalibugh 40. Anantnag 41. Devsar 42. Doru 43. Kokernag 44. Shangus 45. Bijbehara 46. Pahalgam 47. Kishtwar 48. Inderwal 3 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, ....
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.... 38-Keegam, 40-Keller Mastpora, 41-Pahlipora, 42-Sindhu-Shrimal, 43-Shopian, 44-Devipora (forest block) in Tehsil Shopian. ANANTNAG DISTRICT 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. 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. 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. PCs 1-Qasba Bhagat, 2-Khanabal, 3-Roohoo, 4-Kamar, 5-Anchidoora, 6-Hardu- Chichan, 10-Ranbirpora in Tehsil Anantnag. 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-Or....
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....al in Tehsil Kulgam ; and PCs 18-Vesoo, 19-Nasoo-Badargund, 20-Panzeth, 21-Kurigam, 23- Qazigund with NAC in Doru Tehsil. 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. 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. 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. All PCs in Tehsil Bijbehara and PCs 7-Macha Bawan, 11-Nanilang, 12-Akora in Tehsil Anantnag. All PCs in Tehsil Pahalgam and PCs 8-Seer-Kanligund, 9-Salia in Tehsil Anantnag. DODA DISTRICT PCs 1-Marghi, 2-Inshan, 3-Yerudu, 4-Renai, 5-Nowpachi, 6-Chanjer, 7-Qaderana, 8-D....
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....eharana, 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. 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, 1 2 55 35 3 49. Doda 50. Bhaderwah 50 51. Ramban (SC) 52. Banihal 53. Gulabgarh 54. Reasi 55. Gool Arnas 56. Udhampur 57. 52 Chenani (SC) 58. Ramnagar 59. Bani 60. Basohli 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. All PCs of Tehsil Doda except 8-Dessa, 9-Dhandal, 10-Kastigarh, 11-Shamti, 12-Chaka Kundi, 13-Assar, 14-Charrota. 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. All PCs....
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.... 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. All PCs of Tehsil Banihal and 5-Sarbagni in Tehsil Ramban. UDHAMPUR DISTRICT 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. 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. 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. 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. 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, ....
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....31-Ghordi, 33-Hartarian, 34-Dandal, 35-Barmeen, 36-Nalla Ghoran. 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 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. 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. 36 1 2 61. Kathua 62. Billawar 63. Hiranagar (SC) 64. Samba (SC) 65. Vijaypur 66. Nagrota 67. Gandhinagar 68. Jammu East 69. Jammu West 70. Bishnah 2 71. R. S. Pura (SC) 72. Suchetgarh 73. Marh 3 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,....
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.... 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. 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. 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 PCs 1-NAC Samba, 2-Samba Khas, 3-Taloor, 4-Amli, 5-Durin, 6-Katli, 7-Ram Nagar, 8-Pingdore, 11-Sun....
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....ian, 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. 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. 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. 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. Wards 1 to 6, 9, 10, 12 and 15. Wards 7, 8, 11, 13, 14, 18, 19, 20 and 21. All PCs in Tehsil Bishnah and 25-Naugran in Tehsil Jammu. PCs 1-Salhar, 2-Rathana, 3-Kandlihar, 4-Khour, 5-Kalyana, 14-R. S. Pura with NAC, 15-K....
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....has Gigian, 16-Chohalla, 19-Kirpind, 20-Kotli Shah Dula, 25-Marlia, 24-Darsopur, 35-Gondla in Tehsil R. S. Pura. 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. 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. 37 1 2 74. Raipur Domana (SC) 75. Akhnoor 76. Chhamb (SC) Fø 77. Nowshera 78. Darhal 79. 80. 60 Rajouri Kalakote 81. Surankote 82. Mendhar 83. Poonch Haveli 3 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. PCs 1-Chowki, 2-Choura, 3-Kathar, 4-Mandarian, 8-Narri, 6-Ambaran, 7-Barui, 9-Ganderwan, 10-Manda, 11-Akhnoor Khas, 12-....
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....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. 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 All PCs of Tehsil Nowshara except 11-Narian and all PCs of Tehsil Sunderbani. 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. 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. All PCs of Tehsil Kalakote and following PCs of Tehsil Rajouri :— 2-Dalhari,....
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.... 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 All PCs in Surankote Tehsil and PCs 12-Rajpur, 21-Shindra, 22-Seri-Khawja in Poonch Tehsil. All PCs of Tehsil Mendhar. 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 ACANDIDATE 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 BYA MEMBER OF THE LEGISLATIVE ASSEMBLY OF....
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.... THE UNION TERRITORY OF JAMMU AND KASHMIR do swear in "I, A.B., having been elected (or nominated) a member of the Legislative Assembly of 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." NV FORM OF OATH OF SECRECY FOR AMEMBER OF THE COUNCIL OF MINISTERS OF THE UNION TERRITORY OF "I, A.B.,. JAMMU AND KASHMIR do swear in the name of God/ solemnly affirm that I will not directly or indirectly....
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.... 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." 38 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 1. The Aadhar (Targeted Delivery of Financial and other subsidies, benefits and services) Act, 2016. The Administrative Tribunal Act, 1985. Section/Amendments In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Clause (b) of sub-section (2) of section 1 shall be omitted. 2. 3. The Anand Marriage Act, 1951. 4. The Arbitration and Conciliation Act, 1996. 5. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Proviso to sub-section (2) of section 1 shall be omitted. The Benami Transactions (Prohibition) Act, 1988. In sub-section (2) of section 1, words, "except the State 6. The Charitable Endowment Act, 1890. 7. The Chit Funds Act, 1....
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....982. 8. The Code of Civil Procedure, 1908. 9. The Code of Criminal Procedure, 1973. 10. 11. 12. 13. 23 The Commercial Courts Act, 2015. The Commission for Protection of Child's Rights Act, 2006. The Commission of Inquiry Act, 1952. The Consumer Protection Act, 1986. 14. The Contempt of Courts Act, 1971. 15. The Delimitation Act, 2002. 16. 17. 11 18. 19. 20. 20 The Dissolution of Muslim Marriage Act, 1939. The Disturbed Areas (Special Courts) Act, 1976. The Dowry Prohibition Act, 1961. The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954. The Easements Act, 1891. of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Clause (a) of sub-section (3) of section 1 shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir"....
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.... shall be omitted. Proviso to sub-section (2) of section 1 shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Proviso to sub-section (2) of section 1 shall be omitted. Section 2(f) shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Extended as whole. 39 40 S.No. Name of the Act 14 21. The Electricity Act, 2003. 22. 23. 24. The Employees Provident Funds and Miscellaneous Provisions Act, 1952. The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The Enemy Property Act, 1968. Section/Amendments In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Extend....
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....ed as whole. 25. The Energy Conservation Act, 2001. 26. The Family Courts Act, 1984. 27. The Fatal Accidents Act, 1855. 28. 29. 30. 31. 10 The Forest (Conservation) Act, 1980. The General Clauses Act, 1897. The Governors (Emoluments, Allowances & Privileges) Act, 1982. The Gram Nyayalayas Act, 2009. 32. The Guardian & Wards Act, 1890. 33. लं 34. 35. 36. 37. 46 38. 39. The Hindu Adoptions and Maintenance Act, 1956. The Hindu Disposition of Property Act, 1960. The Hindu Marriage Act, 1955. The Hindu Minority & Guardianship Act, 1956. The Hindu Succession Act, 1956. The Identification of Prisoners Act, 1920. The Indecent Representation of Women (Prohibition) Act, 1986. 40. The Indian Boilers Act, 1923. 41. The Indian Christian Marriage Act, 1872. 42. The Indian Contract Act, 1872. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State....
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.... of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Extended as whole. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Extended as whole. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2....
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....) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. 41 S.No. Name of the Act 43. The Indian Easements Act, 1882. 44. The Indian Evidence Act, 1872. 45. The Indian Forest Act, 1927. 44 46. The Indian Nursing Council Act, 1947. 47. 89 48. The Indian Partnership Act, 1932. The Indian Penal Code, 1860. 49. The Indian Stamp Act, 1899. 50. 51. 52. 52 The Indian Succession Act, 1925. The Indian Trust Act, 1882. The Indian Veterinary Council Act, 1984. 53. The Judges (Protection) Act, 1985. 54. 55. 56 56. 57. 52 58. The Judicial Officers (Protection) Act, 1850. The Juvenile Justice (Care & Protection of Children) Act, 2015. The Legal Services Authorities Act, 1987. The Limitation Act, 1963. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 59. The Majority Act, 1875. 60. The Medical Termination of Pregnancy Act, 1971. 61. 19 62. 63. 64. 65 65. The Muslim Personal Law (Shariet) Application Act, 1937. The Muslim Women (Protection of Rights on Divorce) Act, 1986. The National Commission fo....
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....r Minorities Act, 1992. The National Commission for Minority Educational Institutes Act, 2005. The National Commission for Safaikaramcharis Act, 1993. Section/Amendments Extended as whole. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Extended as whole. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Extended as whole. In section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In....
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.... sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. 42 S.No. Name of the Act 66. The National Commission for Women Act, 1990. 67. 67-A 80 68. 69. The National Council for Teacher Education Act, 1993. National Security Act, 1980 The National ....
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....Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. The Oaths Act, 1969. 70. The Partition Act, 1893. 71. The Pharmacy Act, 1948. 72. 73. 74. 75. 76. 77. The Powers of Attorney Act, 1882. The Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The Prevention of Blackmarketing & Maintenance of Supplies of Essential Commodities Act, 1980. The Prevention of Corruption Act, 1988. The Prevention of cruelty to animals Act, 1960. The Prevention of Damage to Public Property Act, 1984. 78. The Prisoners Act, 1900. 79. The Prisons Act, 1894. 80. 81. The Private Security Agencies (Regulation) Act, 2005. The Prize Chits and Money Circulation Scheme (Banning) Act, 1978. 82. The Probation of Offenders Act, 1958. 83. 84. 85. The Prohibition of Child Marriage Act, 2007. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The Protection of Children From Sexual Offences Act, 2012. Section/Amendments In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of ....
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....section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Extended as whole. Extended as whole. I....
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....n sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. 43 The Protection of Human Rights Act, 1994. S.No. Name of the Act 86. 87. The Protection of Women from Domestic Violence Act, 2005. 88. The Public Gambling Act, 1867. 89. The Public Records Act, 1993. 90. The Registration Act, 1908. 92. 22 91. The Religious Endowments Act, 1863. 93. 94. 94A. 95. The Religious Institutions (Prevention of Misuse) Act, 1988. The Right of Children to Free and Compulsory Education Act, 2009. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Representation of People Act, 1....
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....951. The Right to Information Act, 2005. 96 96. The Sale of Goods Act, 1930. 97. 98. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2007. The Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 99. The Special Marriage Act, 1954. 100. The Specific Relief Act, 1963. 101. The Suits Valuation Act, 1887. 102. The Transfer of Property Act, 1882. 103. The Transplantation of Human Organs and Tissues Act, 1994. 104. The Wakf Act, 1995. 105. The Whistle Blowers Protection Act, 2014. 106. The Wild Life (Protection) Act, 1972. Section/Amendments Proviso to sub-section (2) of section 1 shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Extended as whole. Extended as whole. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Extended as whole. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, w....
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....ords, "except the State of Jammu and Kashmir" shall be omitted. In Section (2), (i) In sub-section (1) Clause (d) the words "other than the State of Jammu and Kashmir" shall be omitted; and (ii) Sub-section (5) shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. Extended as whole. Extended as whole. Extended as whole. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. In sub-section (2) of section 1, words, "except the State of Jammu and Kashmir" shall be omitted. TABLE....
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....-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 XLII The Transfer of Property Act Section 139 and section 140 shall be omitted. (1920 AD) 2. Svt 1995 V (1938 AD) The Jammu and Kashmir Alienation of Land Act Section 4 and section 4-A shall be omitted; 3. Svt 2007 XVII (1950 AD) 4. 1960 The Jammu and Kashmir Big Landed Estates Abolition Act XXXVIII The Jammu and Kashmir Land Grants Act 5. 1976 XVII 6. 1989 X 7. 2004 XIV The Jammu and Kashmir Agrarian Reforms Act The Jammu and Kashmir Cooperative Societies Act The Jammu and Kashmir Reservation Act Section 20-A shall be omitted. 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. Section 17 shall be omitted. Sub-Clause (ii) of clause (a) of sub-section (1) of section 17 shall be omitted. 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 Gover....
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....nment 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:― 44 1 2 3 4 45 5 "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 sub- section and shall be subject to a maximum of ten per cent. of the posts in each category: Provided also that". C. In....
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.... 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 1. The Jammu and Kashmir Acco....
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....untability Commission Act, 2002. 2. The Jammu and Kashmir Advocates Welfare Fund Act, 1997. 3. The Jammu and Kashmir Agricultural Income Tax Act, 1962. 4. The Jammu and Kashmir [State] Agricultural Produce Marketing Regulation Act, 1997. Act/Ordinance No. XXXVIII of 2002 XXVI of 1997 XXI of 1962 XXXVI of 1997 IX of 2011 XV of 2006 I of 1989 XXXV of 1997 III of Svt. 1999 XXVI of 1959 VI of 1977 V of 2010 IV of Svt. 1991 II of 1998 VII of 1977 XIV of 1989 XI of 2016 III of 1957 5. The Jammu and Kashmir Anand Marriage Act, 1954. 6. The Jammu and Kashmir Animal Diseases (Control) Act, 1949. 7. The Jammu and Kashmir Apartment Ownership Act, 1989. 8. The Jammu and Kashmir Arbitration and Conciliation Act, 1997. 9. 10. 11. The Jammu and Kashmir Arya Samajist Marriages (Validation) Act, 1942. The Jammu and Kashmir Ayurvedic and Unani Practitioners Act, 1959. The Jammu and Kashmir Banker's Books Evidence Act, 1920. 12. The Jammu and Kashmir Benami Transactions (Prohibition) Act, 2010. 13. The Jammu and Kashmir Boilers Act, Samvat, 1991. 1 2 2 2 2 2 2 2 2 2222 14. Buddhists Polyandrous Marriages Prohibition Act, 1941. 15. The Jammu and Kashmir....
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.... Cattle Trespass Act, 1920. 16. The Jammu and Kashmir Charitable Endowments Act, 1989. 17. The Jammu and Kashmir Chit Funds Act, 2016. 18. The Jammu and Kashmir Christian Marriage and Divorce Act, 1957. 19. The Jammu and Kashmir Cinematograph Act, 1933. 20. Code of Civil Procedure, Samvat 1977. 21. Code of Criminal Procedure, Samvat 1989. 22. The Jammu and Kashmir Collection of Statistics Act, 2010. 23. The Jammu and Kashmir [State] Commission for Women Act, 1999. 24. The Jammu and Kashmir Commission of Inquiry Act, 1962. 25. The Jammu and Kashmir Consumer Protection Act, 1987. 26. The Jammu and Kashmir Contempt of Courts Act, 1997. 27. 28. The Jammu and Kashmir Contingency Fund Act, 1957. The Jammu and Kashmir Contract Act, Samvat 1977. 29. The Jammu and Kashmir Court Fees Act, Samvat 1977. 30. The Jammu and Kashmir Court of Wards Act, Samvat 1977. LII of Svt. 1977 46 XXIV of 1989 X of Svt. 1977 XXIII of Svt. 1989 XVIII of 2010 V of 1999 XXXII of 1962 XIVI of 1987 XXV of 1997 XXIV of 1957 IX of Svt. 1977 VII of Svt. 1977 47 S.No. 31. 32. Name of the Act The Jammu and Kashmir Criminal Law Amendment Act, Svt 1993. The Jammu and Kashm....
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....ir Criminal Law Amendment Act, 1958. 33. The Jammu and Kashmir Criminal Law Amendment Act, 1983. 34. The Jammu and Kashmir Customs Act, Svt 1958. 35. The Jammu and Kashmir Dehi Adalats Act, 2013. 36. लं लें लें लं ल ल लें लें लें 4 नंধ÷ 37. 38. The Jammu and Kashmir Destruction of Records Act, 1920. The Jammu and Kashmir Displaced Persons (Permanent Settlement) Act, 1971. The Jammu and Kashmir Dissolution of Muslim Marriages Act, 1942. Act/Ordinance No. I of Svt. 1993 III of 1958 X of 1983 VIII of Svt. 1958 XV of 2013 XII of 1977 X of 1971 X of Svt.1999 XXXVI of 1960 XIV of Svt. 1977 XIII of 2010 XI of 1963 39. The Jammu and Kashmir Dowry Restraint Act, 1960. 40. The Jammu and Kashmir Easements Act, 1920. 41. The Jammu and Kashmir Electricity Act, 2010. 42. The Jammu and Kashmir Electricity (Duty) Act, 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 (Prohib....
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....ition) Act, 2010. XIX of 2010 747 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 47 48. The Jammu and Kashmir Evidence Act, Samvat 1977 (1920 A.D). 49. The Jammu and Kashmir Fatal Accidents Act, Samvat 1977. 50. The Jammu and Kashmir Forest Act, Samvat 1987. 51. The Jammu and Kashmir Forest (Conservation) Act, 1997. 52. The Jammu and Kashmir Forest (Sale of Timber) Act, Samvat 1987. XIII of Svt. 1977 XVII of Svt. 1977 II of Svt. 1987 XXX of 1997 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 Main....
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....tenance Act, 1960. II of 1960 59. 60. The Jammu and Kashmir Hindu Disposition of Property Act, Samvat 1997. The Jammu and Kashmir Hindu Inheritance (Removal of Disabilities) Act, Samvat 1997. XVI of Svt. 1997 XVIII of Svt. 1997 61. ཙ 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 48 S.No. 71. 63. 64. 65. 66. 67. 78. 79. 80. 81. 6 6 6 6 8 8 8 off Name of the Act The Jammu and Kashmir Hindu Minority and Guardianship Act, 1957. The Jammu and Kashmir Hindu Succession Act, 1956. The Jammu and Kashmir Hindu Widows Remarriage and Property Act, Samvat 1989. The Jammu and Kashmir Homeopathic Practitioner Act, 2003. The Jammu and Kashmir Identification of Prisoners Act, Samvat 1994. 68. 69. The Jammu and Kashmir Infant Marriages Prevention Act, Samvat 1985. Instruments (Control of Noises) Act, 1959. 70. Act/Ordinance No. VII of 1957 XXXVIII of 1956 XXIX of Svt. 1989 VIII of 2003 IV of Svt. 1994 I of Svt. 1985 VII of 1959 72. The Jammu and Kashmir Juvenile Smoking Act, Samvat 1986. 73. Land Acquisition Act, Samvat 1990. 74. Legal Pr....
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....actitioners (Fees) Act, Samvat 1988. 75. 76. 77. Judicial Officers Protection Act, 1971. The Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013. The Jammu and Kashmir Legal Representatives Suits Act, Samvat 1977. The Jammu and Kashmir Legal Services Authorities Act, 1997. The Jammu and Kashmir Limitation Act, Samvat 1995. The Jammu and Kashmir Livestock Improvement Act, Samvat 1996. The Jammu and Kashmir Local Authorities Loans Act, Samvat 1997. The Jammu and Kashmir Lunacy Act, Samvat 1977. The Jammu and Kashmir Maintenance and Welfare of Parents and Senior Citizens Act, 2014. VII of 2013 II of Svt. 1986 X of Svt. 1990 VII of Svt. 1988 XXII of Svt. 1977 XXXIII of 1997 IX of Svt. 1995 XXIII of Svt.1996 VI of Svt. 1997 XXV of Svt. 1997 XVI of 2014 82. The Jammu and Kashmir Majority Act, Samvat 1977. 83. The Jammu and Kashmir Medical Registration Act, Samvat 1998. 84. The Jammu and Kashmir Medical Termination of Pregnancy Act, 1974. 85. The Jammu and Kashmir Muslim Dower Act, Samvat 1977. 86. The Jammu and Kashmir Muslim Personal Law (Shariat) Application Act, 2007. 87. The Jammu and Kashmir Muslim Specified Wakafs and S....
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....pecified Wakaf Properties (Management and Regulation) Act, 2004. XXVI of Svt. 1977 IV of Svt. 1998 XXIII of 1974 XLIV of Svt. 1977 IV of 2007 VIII of 2004 88. The Jammu and Kashmir Nationalization of Forest Working Act, 1987. 89. (State) Newspapers (Incitements to Offences) Act, Svt 1971. 90. The Jammu and Kashmir Nursing Council Act, 2012. 91. The Jammu and Kashmir Nursing Homes and Clinical Establishments (Registration and Licensing) Act, 1963. VII of 1987 VIV of Svt. 1971 IV of 2012 XXXIX of 1963 225 92. Official Secrets Act, Samvat 1977. 93. Opium Smoking Act, Samvat 2011. 94. Essential Services (Maintenance) Ordinance, Samvat 2001. 95. Hoarding and Profiteering Prevention Ordinance, Samvat 2000. XLIII of Svt. 1977 XXXII of Svt. 2011 IX of Svt. 2001 XIX of Svt. 2000 S.No. 96. 97. 98. 49 Name of the Act Police Enhanced Penalties Ordinance, Samvat 2005. Prevention of Corruption Ordinance, 2001. The Jammu and Kashmir Public Servants Transfer of Immovable Property (Restriction) Ordinance, 2004. Act/Ordinance No. III of Svt. 2005 IV of Svt. 2001 XXX of Svt.2004 The Jammu and Kashmir Permanent Residents Certificate (Procedure) Act, 1963....
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..... 99. The Jammu and Kashmir Partition Act, Samvat 1977. 100. The Jammu and Kashmir Partnership Act, Samvat 1996. 101. 102. The Jammu and Kashmir Pharmacy Act, Samvat 2011. 103. The Jammu and Kashmir Poisons Act, Samvat 1977. 104. The Jammu and Kashmir Preconception and Prenatal Sex Selection (Prohibition and Regulation) Act, 2002. XXX of Svt. 1977 V of Svt. 1996 XIII of 1963 LIII of Svt. 2011 XXXIV of Svt. 1977 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. 108. 109. 110. The Jammu and Kashmir Prevention of Cruelty to Animals Act, Samvat 1990. The Jammu and Kashmir Prevention of Defacement of Property Act, 1985. The Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. XIII of Svt. 2006 XIII of Svt. 1990 XIX of 1985 XXIII of 1988 111. The Jammu and Kashmir Prevention of Insult to State Honour Act, 1979. 112. The Jammu and Kashmir Prisoners Act, Svt 1977. 113.....
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.... The Jammu and Kashmir Prisons Act, Svt 1977. 114. The Jammu and Kashmir Private Security Agencies (Regulation) Act, 2015. 115. The Jammu and Kashmir Prize Competition Act, 1956. 116. The Jammu and Kashmir Probation of Offenders Act, 1966. 117. The Jammu and Kashmir Protection of Human Rights Act, 1997. 118. The Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010. 119. The Jammu and Kashmir Provident Funds Act, Svt 1998. 120. The Jammu and Kashmir Public Gambling Act, Svt 1977. 121. The Jammu and Kashmir Public Property (Prevention of Damage) Act, 1985. 122. The Jammu and Kashmir Public Servants (Inquiries) Act, Svt 1977. 123. (State) Ranbir Penal Code, Samvat 1989. 124. The Jammu and Kashmir Registration Act, Svt. 1977. 125. The Jammu and Kashmir Registration (Amendment and Validation of Transfers of property) Act, 1955. X of 1979 XXXIII of Svt. 1977 XXXI of Svt. 1977 IX of 2015 XII of 1956 XXXVII of 1966 XV of 1997 XI of 2010 XXII of Svt. 1998 XVIII of Svt. 1977 XX of 1985 XXVIII of Svt. 1977 XII of Svt. 1989 XXXV of Svt. 1977 VI of 1955 126. Registration of Deeds (Validating) Act, Samvat 2008. 127. Registration of D....
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....eeds (Validation) Act, 1956. VI of Svt. 2008 XXI of 1956 50 S.No. Name of the Act 128. 129. Registration of Deeds (Validating) Act, 1968. Registration of Deeds (Validation) Act, 1976. 130. Registration of Deeds (Validation) Act, 1985. 131. The Jammu and Kashmir Religious Endowments Act, Svt 1977. 132. The Jammu and Kashmir Representation of the People Act, 1957. 133. The Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968. The Jammu and Kashmir Right to Information Act, 2009. Separation of Judicial and Executive Functions Act, 1966. The Jammu and Kashmir Small Causes Court Act, Svt 1968. 134. 135. The Jammu and Kashmir Sale of Goods Act, Svt 1996. 136. 137. 138. 139. 140. Societies Registration Act, Svt 1998. The Jammu and Kashmir Specific Relief Act, Svt 1977. The Jammu and Kashmir Standards of Weights and Measures (Enforcement) Act, 1997. Act/Ordinance No. XXXIII of 1968 I of 1976 IX of 1985 L of Svt.1977 IV of 1957 XXXV of 1968 VIII of 2009 II of 1996 XL of 1966 VI of Svt. 1998 XXXVIII of Svt. 1977 XXXVII of 1997 141. The Jammu and Kashmir Succession Certificate Act, Svt 1977. 142. Succession (Propert....
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....y Protection) Act, Svt 1977. 143. The Jammu and Kashmir Suits Valuation Act, Svt 1977. 144. The Jammu and Kashmir Suppression of Indecent Advertisements Act, Svt 2003. 145. The Jammu and Kashmir Transfer of Property Act, Svt 1977. 146. The Jammu and Kashmir Transplantation of Human Organs Act, 1997. 147. The Jammu and Kashmir Trusts Act, Svt 1977. 148. The Jammu and Kashmir Venereal Diseases Act, Svt 2000. 149. 150. 151. The Jammu and Kashmir Village Sanitation Act, Svt. 1990. 152. The Jammu and Kashmir Wakafs Act, 2001. 153. The Jammu and Kashmir Wildlife (Protection) Act, 1978. Veterinary Council Act, 2001. The Jammu and Kashmir [State] Village and Town Patrol Act, 1959. XXXIX of Svt. 1977 XXXVI of Svt. 1977 XXXVII of Svt. 1977 IX of Svt. 2003 XLII of Svt. 1977 III of 1997 XLI of Svt. 1977 XXI of Svt. 2000 XXI of 2001 XXIV of 1959 V of Svt. 1990 III of 2001 VIII of 1978 51 S.No. Name of the Governor's Act 1. The Jammu and Kashmir State Trust for Welfare of Persons with Autism Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 2018. Governor's Act No. VI of 2018 2. The Jammu and Kashmir Drugs and Magic Remedies (Objection....
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....able Advertisements) Act, 2018. VIII of 2018 3. The Jammu and Kashmir Single Window (Industrial Investment and Business Facilitation) Act, 2018. X of 2018 45 4. The Jammu and Kashmir Commercial Courts Act, 2018. 5. The Jammu and Kashmir Family Courts Act, 2018. 6. The Jammu and Kashmir Aadhar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2018. XIII of 2018 XXIV of 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 S.No. Name of the Act 1. The Jammu and Kashmir Aerial Ropeways Act, 2002 2. The Jammu and Kashmir Agrarian Reforms Act, 1976 3. 4. The Jammu and Kashmir Government Aid to Agriculturists and Land Improvement Act, Svt. 1993 TABLE-4 STATE ACTS INCLUDING GOVERNOR'S ACTS ....
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....THAT SHALL REMAIN IN FORCE IN UNION TERRITORY OF JAMMU AND KASHMIR; AND UNION TERRITORY OF LADAKH Agriculturists' Relief Act, Svt. 1983 Act/Ordinance No. XII of 2002 XVII of 1976 I of Svt. 1983 VII of Svt. 1993 5. The Jammu and Kashmir State Aid to Industries Act 1961 6. The Jammu and Kashmir Alienation of Land Act, Svt. 1995 XXII of 1961 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 9. 10. 11. 12. The Jammu and Kashmir Board of Professional Entrance Examination Act, 2002 The Jammu and Kashmir Board of School Education Act, 1975 13. The Jammu and Kashmir State Board of Technical Education Act, 2002 14. The Jammu and Kashmir Brick Kilns (Regulation) Act, 2010 5 6 7 8 2 2 2 2 2 2 2 2 2 2 15. Camping and Mooring Sites Act, Svt. 2004 16. The Jammu and Kashmir Chowkidari Act, 1956 17. The Jammu and Kashmir Civic Laws (Special Provisions) Act, 2014 The Jammu and Kashmir Baba Ghulam Shah Badshah University Act, 2002 The Jammu and Kashmir Big Landed Estates Abolition Act, Svt. 2007 V of Svt 1977 XVI of 2002 XVII of Svt. 2007 XXV of 2002 XXVIII of 1975 X....
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....XIV of 2002 XV II of 2010 XII of Svt.2004 XXXVII of 1956 III of 2014 18. The Jammu and Kashmir Civil Courts Act, Svt. 1977 XLVI of Svt. 1977 19. The Jammu and Kashmir Civil Services (Decentralization 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 23. The Jammu and Kashmir Common Lands (Regulation) Act, 1956 XII of 1997 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 2 52 53 31. 32. The Jammu and Kashmir Egress and Internal Movement (Control) Ordinance, Svt.2005. S.No. 30. 0 लं....
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.... Name of the Act The Jammu and Kashmir Deputy Speaker's and Deputy Chairman's (Emoluments) Act, 1956 The Jammu and Kashmir Development Act, 1970 Act/Ordinance No. XXII of 1956 XIX of 1970 V of Svt.2005 33. The Jammu and Kashmir Enemy Agents Ordinance, Svt.2005. 34. The Jammu and Kashmir State Emergency Relief Fund Act, 1960 VIII of Svt.2005 XIII of 1960 35. The Jammu and Kashmir Excise Act, Samvat 1958 36. The Jammu and Kashmir Extraction of Resin Act, 1988. 37. The Jammu and Kashmir State Evacuees (Administration of Property) Act, Samvat 2006 (1949 A.D). IX of 1988 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 40. The Jammu and Kashmir Finance Commission for Panchayats and Municipalities Act, 2011 XVIII of 2006 XVI of 2011 41. The Jammu and Kashmir Fire Force Act, 1967. 42. 43. The Jammu and Kashmir Fiscal Responsibility and Budget Management Act, 2006. The Jammu and Kashmir Fisheries Act, 2018. XXII of 1967 XII of 2006 XVI of 2018 44. The Jammu and Kashmir Flood Plain Zones (Regulation and Development) Act, 2005. XVII of 2005 45. The ....
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....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. 51. The Jammu and Kashmir Government Gazette Act, Svt. 1945. 52. The Jammu and Kashmir Governor's Special Security Force Act, 2018 V of 2017 XII of Svt. 1945 Governors Act No. XLII of 2018 53. 54. The Jammu and Kashmir Habitual Offenders (Control and Reform) Act, 1956. The Jammu and Kashmir Handicrafts (Quality Control) Act, 1978. XI of 1956 55. 56. The Jammu and Kashmir Highways Act, Svt. 2007. The Jammu and Kashmir Heritage Conservation and Preservation Act, 2010. IV of 1978 XV of 2010 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 (Nationa....
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....l 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 S.No. +9 61. 62. 63. 64. 54 Name of the Act The Jammu and Kashmir Islamic University of Science and Technology Kashmir Act, 2005. The Jammu and Kashmir Kahcharai Act, Svt. 2011. Kashmir and Jammu Universities Act, 1969. Act/Ordinance No. XVIII of 2005 XVIII of Svt. 2011 XXIV of 1969 Kashmir Silk Protection Act, 1964. 65. The Jammu and Kashmir Khadi and Village Industries Board Act, 1965. 66. Ladakh Autonomous Hill Development Council Act, 1997. 67. Ladakh Budhists Succession to Property Act, Svt. 2000. 68. The Jammu and Kashmir Lambardari Act, 1972. 69. The Jammu and Kashmir Land Grants Act, 1960. 70. The Jammu and Kashmir Land Improvement Schemes Act, 1972. 71. The Jammu and Kashmir Land Revenue Act, Svt. 1996. 72. 73. 74. The Jammu and Kashmir Legislative Assembly Speaker's Emoluments Act, 1956. The Jammu and Kashmir Legislative Council Chairman's (Emoluments) Act, 1962. The Jammu and Kashmir State Legislature Members' Pension Act, 1984. 75. 76. The Jammu and Kashmir Legislature (Preve....
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....ntion of Disqualification) Act, 1962. The Jammu and Kashmir State Legislature Proceedings (Protection of Publication) Act, 1960. XVI of 1965 XXXI of 1997 XVIII of Svt. 2000 X of 1972 XXXVIII of 1960 XXIV of 1972 XII of Svt. 1996 IV of 1956 XXVIII of 1962 II of 1984 XVI of 1962 XXXVII of 1960 78. FØ 77. Levy of Tolls Act, Svt. 1995. The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997. VIII of Svt. 1995 XVI of 1997 79. The Jammu and Kashmir Migrants (Stay of Proceedings) Act, 1997. 80. The Jammu and Kashmir Ministers and Ministers of State Salaries Act, 1956. XVII of 1997 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. 85. The Jammu and Kashmir Mulberry Protection Act, Svt. 2006. 21 % 22 22 86. The Jammu and Kashmir Municipal Act, 2000. 87. The Jammu....
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.... and Kashmir Municipal Corporation Act, 2000. 88. The Jammu and Kashmir Municipal Ombudsman Act, 2010. 89. 90. 91. 92. The Jammu and Kashmir Municipalities Public Disclosure Act, 2010. The Jammu and Kashmir Muslim Marriages Registration Act, 1981. The Jammu and Kashmir Namdha Quality Control Act, Svt. 2010. National Defence Fund Donation of Immovable Property (Exemption from Stamp Duty and Registration) Act, 1963. XXVI of 1957 X of Svt. 2006 XX of 2000 XXI of 2000 XX of 2010 XXIV of 2010 XXII of 1981 VI of Svt. 2010 V of 1963 55 S.No. Name of the Act 93. The Jammu and Kashmir Natural Calamities Destroyed Areas Improvement Act, Svt. 2011. 94. Act/Ordinance No. XXXVIII of Svt.2011 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. 96. 97. The Jammu and Kashmir Ombudsman for Panchayats Act, 2014. The Jammu and Kashmir Panchayati Raj Act, 1989. XXVII of 2010 V of 2014 98. The Jammu and Kashmir Paramedical Council Act, 2014. IX of 1989 VII of 2014 99. The Jammu and Kashmir Passengers Taxation Act, 1963. XII of 1963 100. 101.....
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.... The Jammu and Kashmir Plant Disease and Pests Act, 1973. Plyboard Industries (Acquisition of Shares and of the Industrial Undertakings) Act, 1987. XIV of 1973 VI of 1987 102. Police Act, Svt. 1983. 103. The Jammu and Kashmir Preservation of Specified Trees Act, 1969 104. The Jammu and Kashmir Prevention of Beggary Act, 1960. 105. The Jammu and Kashmir Prevention of Fragmentation of Agricultural Holdings Act, 1960. Prevention of Ribbon Development Act, Svt. 2007. II of Svt. 1983 V of 1969 XL of 1960 XXV of 1960 106. 107. 108. Prevention of Rum Rasum Act, Svt. 1997. The Jammu and Kashmir Prevention and Suppression of Sabotages Activities Act, 1965. XXVI of Svt. 2007 I of Svt. 1997 XXII of 1965 109. 110. 111. The Jammu and Kashmir Prevention of Unfair Means Examination Act, 1987. The Jammu and Kashmir Private Colleges (Regulation and Control) Act, 2002 Probate and Administration Act, Svt. 1977. XX of 1987 XXII of 2002 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 19....
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....75 114. 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. 116. The Jammu and Kashmir State Prohibition of Smoking (Cinema and Theatre Halls) Act, Svt. 2009. VI of 2011 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 56 S.No. Name of the Act 121. The Jammu and Kashmir Public Men and Public Servants Declaration of Assets and Other Provisions Act, 1983. 122. The Jammu and Kashmir Public Premises (Eviction of Un-authorised Occupants) Act, 1988. 123. The Jammu and Kashmir Public Safety Act, 1978. 124. 125. 126. The Jammu and Kashmir Public Services Guarantee Act, 2011. The Jammu and Kashmir Registration of Contractors Act, 1956. The Jammu and Kashmir Registr....
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....ation of Tourist Trade Act, 1978. 127. 128. The Jammu and Kashmir Regulation of Accounts Act, Svt. 2001. The Jammu and Kashmir Reservation Act, 2004. 129. 130. 131. The Jammu and Kashmir Right of Prior Purchase Act, Svt. 1993. 132. The Jammu and Kashmir Road Safety Council Act, 2018. 133. The Jammu and Kashmir Saffron Act, 2007. 134. The Jammu and Kashmir Residential and Commercial Tenancy Act, 2012. The Jammu and Kashmir Restitution of Mortgaged Properties Act, 1976. Salaries and Allowances of Members of Jammu and Kashmir State Legislature Act, 1960. Salaries and Allowances of Leader of Opposition in the State Legislature Act, 1985. The Sapphire Act, Svt. 1989. Act/Ordinance No. V of 1983 XVII of 1988 VI of 1978 IX of 2011 XVI of 1956 IX of 1978 XIV of Svt. 2001 XIV of 2004 V of 2012 XIV of 1976 II of Svt. 1993 V of 2018 V of 2007 XIX of 1960 XVI of 1985 XVI of Svt. 1989 XXI of 2002 135. 136. 137. The Jammu and Kashmir School Education Act, 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. 141. 142. ....
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.... 143. Sher-i-Kashmir University of Agricultural Sciences and Technology Act, 1982. Sher-i-Kashmir Institute of Medical Sciences (Grant of Degrees) Act, 1983. The Jammu and Kashmir Shri Amarnath Ji Shrine Act, 2000. The Jammu and Kashmir Shri Mata Sukhrala Devi Ji and Shri Mata Bala Sundari Shrine Act, 2013. VII of 1982 XII of 1983 XVIII of 2000 III of 2013 The Jammu and Kashmir Sikh Gurdwaras and Religious Endowments Act, 1973. 144. The Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1988. 145. The Jammu and Kashmir Shri Mata Vaishno Devi University Act, 1999. 146. The Jammu and Kashmir Shri Shiv Khori Shrine Act, 2008. 147. 148. The Jammu and Kashmir Silk (Development and Protection) Act, 1988. 149. The Jammu and Kashmir Special Security Group Act, 2000. 150. The Jammu and Kashmir Special Tribunal Act, 1988. 151. Stamp Act, Svt. 1977. 152. The Jammu and Kashmir Tenancy Act, Svt. 1980. XVI of 1988 XII of 1999 IV of 2008 XV of 1973 XXVIII of 1988 VI of 2000 XIX of 1988 XL of Svt. 1977 II of Svt. 1980 57 S.No. Name of the Act 153. The Jammu and Kashmir Tenancy (Stay of Ejectment Proceedings) Act, 1966. 154. The Jammu and Kashmir State T....
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....own Planning Act, 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. 157. Urban Immovable Property Tax (Repeal and Saving) Act, 2002. 158. The University of Ladakh Act, 2018. Act/Ordinance No. XXXIII of 1966 XX of 1963 IV of 2014 159. 160. 161. 162. The Jammu and Kashmir Utilization of Lands Act, Svt. 2010. The Jammu and Kashmir Vaccination Act, 1967. 163. The Jammu and Kashmir Vegetable Seeds Act, Svt. 2009. The Jammu and Kashmir Urban Property (Ceiling) Act, 1971. Usurious Loans Act, Svt. 1977. XXVIII of 2002 Governor's Act No. LVI of 2018 XII of 1971 XLVII of Svt. 1977 IX of Svt. 2010 XXI of 1967 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 RAJYA SABHA A BILL to provide for the reorganisation of the existing State of Jammu and Kashmir and for matters connected therewith or incidental the....
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....reto. MGIPMRND-2424RS(S3)-05.08.2019. (Shri Amit Shah, Minister of Home Affairs)<BR> News - Press release - PIB....