Pre. NO. 34 OF 2019

[9th August, 2019.]

An Act to provide for the reorganisation of the existing State of Jammu and Kashmir and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

S.1 Short title

This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.

S.2 Definitions

In this Act, unless the context otherwise requires,--

(a) "appointed day" means the *day which the Central Government may, by notification in the Official Gazette, appoint;

(b) "article" means an article of the Constitution;

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.

S.4 Formation of Union territory of Jammu and Kashmir with Legislature

On and from the appointed day, there shall be formed a new Union territory to be known as the Union territory of Jammu and Kashmir comprising the territories of the existing State of Jammu and Kashmir other than those specified in section 3.

S.5 Governor of existing State of Jammu and Kashmir to be common Lieutenant Governor

On and from the appointed day, the Governor of the existing State of Jammu and Kashmir shall be the Lieutenant Governor for the Union territory of Jammu and Kashmir, and Union territory of Ladakh for such period as may be determined by the President.

S.6 Amendment of First Schedule to the Constitution

On and from the appointed day, in the First Schedule to the Constitution, under the heading--

"I. THE STATES",--

(a) entry 15 shall be deleted.

(b) entries from 16 to 29 shall be renumbered as 15 to 28.

Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of successor Union territory of Jammu and Kashmir to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in that Union territory.

S.8 Amendment of Fourth Schedule to Constitution

On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,--

(a) entry 21 shall be deleted;

(b) entries 22 to 31 shall be renumbered as entries 21 to 30, respectively;

(c) after entry 30, the following entry shall be inserted, namely:--

S.9 Allocation of sitting members

(1) On and from the appointed day, four sitting members of the Council of States representing the existing State of Jammu and Kashmir shall be deemed to have been elected to fill the seats allotted to the Union territory of Jammu and Kashmir, as specified in the First Schedule to this Act.

(2) The term of office of such sitting members shall remain unaltered.

S.10 Representation in House of the People

On and from the appointed day, there shall be allocated five seats to the successor Union territory of Jammu and Kashmir and one seat to Union territory of Ladakh, in the House of the People, and the First Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly.

S.11 Delimitation of Parliamentary Constituencies Order 1976

(1) On and from the appointed day, the Delimitation of Parliamentary Constituencies Order, 1976 shall stand amended as directed in the Second Schedule of this Act.

(2) The Election Commission may conduct the elections to the House of the People for the Union territory of Jammu and Kashmir and Union territory of Ladakh as per the allocation of seats specified in the Delimitation of Parliamentary Constituencies Order, 1976 as amend

S.12 Provision as to sitting members

(1) Every sitting member of the House of the People representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands allotted, with or without alteration of boundaries, to the successor Union territory of Jammu and Kashmir or Union territory of Ladakh, as the case may be, shall be deemed to have been elected to the House of the People by that constituency as so allotted.

(2) The term of of

S.13 Applicability of article 239A of Constitution

On and from the appointed day, the provisions contained in article 239A, which are applicable to "Union territory of Puducherry", shall also apply to the "Union territory of Jammu and Kashmir".

S.14 Legislative Assembly for the Union Territory of Jammu and Kashmir and its composition

(1) There shall be an Administrator appointed under article 239 of the Constitution of India for the Union territory of Jammu and Kashmir and shall be designated as Lieutenant Governor of the said Union territory.

(2) There shall be a Legislative Assembly for the Union territory of Jammu and Kashmir.

S.15 Representation of women

Notwithstanding anything in sub-section (3) of section 14 the Lieutenant Governor of the successor Union territory of Jammu and Kashmir may nominate two members to the Legislative Assembly to give representation to women, if in his opinion, women are not adequately represented in the Legislative Assembly.

S.16 Qualification for membership of Legislative Assembly

A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly unless he--

(a) is a citizen of India and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Fourth Schedule of this Act;

(b) is not less than t

S.17 Duration of Legislative Assembly

The Legislative Assembly, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Legislative Assembly:

Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of article 352 is in operation, be extended by the President by order for a

S.18 Sessions of Legislative Assembly, prorogation and dissolution

(1) The Lieutenant Governor shall, from time to time, summon the Legislative Assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

(2) The Lieutenant Governor may, from time to time,--

(a) prorogue the Hou

S.19 Speaker and Deputy Speaker of Legislative Assembly

(1) Legislative Assembly shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.

(2) A member holding office as Speaker or Deputy Speaker of the Assembly--

(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 Spe

S.21 Special address by Lieutenant Governor to Legislative Assembly

(1) At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Lieutenant Governor shall address the Legislative Assembly, and shall inform the Legislative Assembly of the causes of its summons.

(2) Provision shall be made by the rules regulating the procedure of the Legislative Assembly for the allotment of time for the discussio

S.22 Rights of Ministers and Advocate General as respects Legislative Assembly

Every Minister and the Advocate-General for the Union territory of Jammu and Kashmir shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislative Assembly of which he may be named a member, but shall not by virtue of this section be entitled to vote.

S.23 Rights of Lieutenant Governor to address and send messages to the Legislative Assembly

(1) The Lieutenant Governor may address the Legislative Assembly and may for that purpose require the attendance of members.

(2) The Lieutenant Governor may also send messages to the Legislative Assembly whether with respect to a Bill then pending in the Legislative Assembly or otherwise, and when a message so sent, the Legislative Assembly shall with all convenient dispatch consider any matter required by the message to be taken

S.24 Oath or affirmation by members

Every member of the Legislative Assembly shall, before taking his seat, make and subscribe before the Lieutenant Governor of the said Union territory, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Fourth Schedule of this Act.

S.25 Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum

(1) Save as otherwise provided in this Act, all questions at any sitting of the Legislative Assembly shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as such.

(2) The Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(1) No person shall be a member both of Parliament and of the Legislative Assembly, and if a person is chosen a member both of Parliament and of such Assembly, then, at the expiration of such period as may be specified in the rules made by the President, that person's seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislative Assembly of the said Union territory.

(2) If a member of the L

S.27 Disqualifications for membership

(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly--

(a) if he holds any office of profit under the Government of India or the Government of any State or the Government of Union territory of Jammu and Kashmir or the Government or administration of any other Union territory or other than an office declared by law made by Parliament or by the Legislative Assembly not to disqu

S.28 Disqualification on ground of defection for being a member

The provisions of the Tenth Schedule to the Constitution shall, subject to the necessary modifications (including modifications for construing references therein to the Legislative Assembly of a State, article 188, article 194 and article 212 as references, respectively, to the Legislative Assembly of Union territory of Jammu and Kashmir, as the case may be, section 24, section 30 and section 50 of this Act), apply to and in relation to the members of the Legislative Assembly of Union t

S.29 Penalty for sitting and voting before making oath or affirmation or when not qualified or when disqualified

If a person sits or votes as a member of the Legislative Assembly before he has complied with the requirements of section 24 or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from doing so by the provisions of any law made by Parliament or the Legislative Assembly of the Union territory of Jammu and Kashmir, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due t

S.30 Powers, privileges, etc., of members

(1) Subject to the provisions of this Act and to the rules and standing orders regulating the procedure of the Legislative Assembly, there shall be freedom of speech in the Legislative Assembly.

(2) No member of the Legislative Assembly shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Assembly or any committee thereof, and no person shall be so liable in respect of the pu

S.31 Salaries and allowances of members

Members of the Legislative Assembly shall be entitled to receive such salaries and allowances as may from time to time be determined by the Legislative Assembly by law and, until provision in that behalf is so made, such salaries and allowances as the Lieutenant Governor may, by order determine.

S.32 Extent of legislative power

(1) Subject to the provisions of this Act, the Legislative Assembly may make laws for the whole or any part of the Union territory of Jammu and Kashmir with respect to any of the matters enumerated in the State List except the subjects mentioned at entries 1 and 2, namely "Public Order" and "Police" respectively or the Concurrent List in the Seventh Schedule to the Constitution of India in so far as any such matter is applicable in relation to the Union territories

The property 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 levyin

S.34 Restrictions on laws passed by Legislative Assembly with respect to certain matters

 (1) The provisions of article 286, article 287 and article 288 shall apply in relation to any law passed by the Legislative Assembly with respect to any of the matters referred to in those articles as they apply in relation to any law passed by the Legislature of a State with respect to those matters.

(2) The provisions of article 304 shall, with the necessary modifications, apply in relat

S.35 Inconsistency between laws made by Parliament and laws made by Legislative Assembly

If any provision of a law made by the Legislative Assembly with respect to matters enumerated in the State List, in the Seventh Schedule to the Constitution is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or, if any provision of a law made by the Legislative Assembly with respect to any matter enumerated in the Concurrent List in the Seventh Schedule to the Constitution is repugnant to any provision o

S.36 Special provisions as to financial Bills

(1) A Bill or amendment shall not be introduced into, or moved in, the Legislative Assembly except on the recommendation of the Lieutenant Governor, if such Bill or Amendment makes provision for any of the following matters, namely:--

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the amendment of the law with re

S.37 Procedure as to lapsing of Bills

(1) A Bill pending in the Legislative Assembly shall not lapse by reason of the prorogation of the Legislative Assembly.

(2) A Bill which is pending in the Legislative Assembly shall lapse on dissolution of the Legislative Assembly.

S.38 Assent to Bills

When a Bill has been passed by the Legislative Assembly, it shall be presented to the Lieutenant Governor and the Lieutenant Governor shall declare either that he assents to the Bill or that he withholds assent there from or that he reserves the Bill for the consideration of the President:

Provided that the Lieutenant Governor may, as soon as possible after the presentation of the Bill to him for assent, return the Bill if it is

S.39 Bills reserved for consideration

When a Bill is reserved by Lieutenant Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent there from:

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

S.40 Requirements as to sanction and recommendations to be regarded as matters of procedure only

No Act of the Legislative Assembly and no provision in any such Act, shall be invalid by reason only that some previous sanction or recommendation required by this Act was not given, if assent to that Act was given by the Lieutenant Governor, or, on being reserved by the Lieutenant Governor for the consideration of the President, by the President.

S.41 Annual financial statement

(1) The Lieutenant Governor shall in respect of every financial year cause to be laid before the Legislative Assembly of the Union territory of Jammu and Kashmir, a statement of the estimated receipts and expenditure of the Union territory for that year, in this Part referred to as the "annual financial statement".

(2) The estimates of expenditure embodied in the annual financial statement shall show separately--

(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of Union territory of Jammu and Kashmir shall not be submitted to the vote of the Legislative Assembly, but nothing in this sub-section shall be construed as preventing the discussion in the Legislative Assembly of any of those estimates.

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of dema

S.43 Appropriation Bills

(1) As soon as may be after the grants under section 42 have been made by the Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the Union territory of all moneys required to meet--

(a) the grants so made by the Legislative Assembly, and

(b) the expenditure charged on the Consolid

S.44 Supplementary, additional or excess grants

(1) The Lieutenant Governor shall--

(a) if the amount authorised by any law made in accordance with the provisions of section 43 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statemen

S.45 Votes on account

(1) Notwithstanding anything in the foregoing provisions of this Part, the Legislative Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 42 for the voting of such grant and the passing of the law in accordance with the provisions of section 43 in relation to that expenditure and the Legislative Assembly shall have power to authorise by law the withdrawal of moneys from the

S.46 Rules of procedure

(1) The Legislative Assembly may make rules for regulating, subject to the provisions of this Act, its procedure and the conduct of its business:

Provided that the Lieutenant Governor shall, after consultation with the Speaker of the Legislative Assembly, make rules--

(a) for securing the timely completion of financial business;

(1) The Legislative Assembly may by law adopt any one or more of the languages in use in the Union territory of Jammu and Kashmir or Hindi as the official language or languages to be used for all or any of the official purposes of the Union territory of Jammu and Kashmir.

(2) The business in the Legislative Assembly of the Union territory of Jammu and Kashmir shall be transacted in the official language or languages of the Union

S.48 Language to be used for Acts, Bills, etc

Notwithstanding anything contained in section 47, until Parliament by law otherwise provides, the authoritative texts--

(a) of all Bills to be introduced or amendments thereto to be moved in the Legislative Assembly,

(b) of all Acts passed by the Legislative Assembly, and

No discussion shall take place in the Legislative Assembly with respect to the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties.

S.50 Courts not to inquire into proceedings of Legislative Assembly

(1) The validity of any proceedings in the Legislative Assembly shall not be called in question on the ground of any alleged irregularity of procedure.

(2) No officer or member of the Legislative Assembly in whom powers are vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order in the Legislative Assembly shall be subject to the jurisdiction of any court in respect of the exercis

S.51 Secretariat of the Legislative Assembly

(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, afte

S.52 Power of Lieutenant Governor to promulgate Ordinances during recess of Legislative Assembly

(1) If at any time, except when the Legislative Assembly is in session, the Lieutenant Governor thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:

Provided that the power of making an Ordinance under this section shall extend only to those matters with respect to which the Legislative Assembly ha

S.53 Council of Ministers

(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.

S.54 Other provisions as to Ministers

(1) The Chief Minister shall be appointed by the Lieutenant Governor and the other Ministers shall be appointed by the Lieutenant Governor on the advice of the Chief Minister.

(2) The Ministers shall hold office during the pleasure of the Lieutenant Governor.

(3) The Council of Ministers shall be collectively responsible to the Legislative Assembly

S.55 Conduct of business

(1) The Lieutenant Governor shall make rules on the advice of the Council of Ministers--

(a) for the allocation of business to the Ministers; and

(b) for the more convenient transaction of business with the Ministers including the procedure to be adopted in case of a difference of opinion between the Lieutenant Governor and the Council of Ministers

S.56 Duties of Chief Minister as respects the furnishing of information to the Lieutenant Governor, etc

It shall be the duty of the Chief Minister--

(a) to communicate to the Lieutenant Governor all decisions of the Council of Ministers relating to the administration of the affairs of the Union territory and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the Union territory and proposals fo

S.57 Abolition of Legislative Council of the State of Jammu and Kashmir

(1) Notwithstanding anything to the contrary contained in any law, document, judgment, ordinance, rule, regulation or notification, on and from the appointed day, the Legislative Council of the existing State of Jammu and Kashmir shall stand abolished.

(2) On the abolition of the Legislative Council, every member thereof shall ceased to be such member.

(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.

In this Part, unless the context otherwise requires,--

(a) "associate member" means a member associated with the Delimitation Commission under section 60;

(b) "Delimitation Commission" means the Delimitation Commission to be constituted under section 3 of the Delimitation Act, 2002 (33 of 2002); and thereafter by any law made by the Parli

S.60 Delimitation of constituencies

(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, h

S.61 Power of Election Commission to maintain Delimitation Orders up-to date

(1) The Election Commission may by notification in the Official Gazette,--

(a) correct any printing mistakes in any order made under section 60 or any error arising therein from inadvertent slip or omission; and

(b) where the boundaries or name of any territorial division mentioned in any such order or orders is or are altered, make such amendments

S.62 Special provision as to readjustment of Parliamentary and Assembly Constituencies on the basis of 2011 census

(1) On and from the appointed day, notwithstanding the publication of orders under sub-section (1) of section 10 of the Delimitation Act, 2002 (33 of 2002) or anything contained in sub-section (2) or sub-section (4) of the said section, the Delimitation Act, 2002 shall be deemed to have been amended as provided below:

(a) in section 2(f), the words "but does not include the State of Jammu and Kashmir" shall be omitted;

S.63 Special provisions as to readjustment of Assembly and Parliamentary Constituencies

Notwithstanding anything contained in sections 59 to 61, until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust the division of successor Union territory of Jammu and Kashmir into Assembly and Parliamentary Constituencies and any reference to the "latest census figures" in this Part shall be construed as a reference to the 2011 census figures.

S.64 Procedure as to delimitation

The procedure as provided in the law made by Parliament, shall apply, in relation to the delimitation of Parliamentary and Assembly constituencies under this Part as they apply in relation to the delimitation of Parliamentary and Assembly constituencies under that law.

S.65 Applicability of Scheduled Castes Order

On and from the appointed day, the Constitution Jammu and Kashmir (Scheduled Castes) Order, 1956 (Jammu and Kashmir (Scheduled Castes) Order, 1956), shall stand applied to the Union territory of Jammu and Kashmir and Union territory of Ladakh.

S.66 Applicability of Scheduled Tribes Order

On and from the appointed day, the Constitution Jammu and Kashmir (Scheduled Tribes) Order, 1989 (Jammu and Kashmir (Scheduled Tribes) Order, 1989), shall stand applied to the Union territory of Jammu and Kashmir and Union territory of Ladakh.

S.67 Consolidated Fund of the Union territory of Jammu and Kashmir

(1) On and from the appointed day, all revenues received in the Union territory of Jammu and Kashmir by the Government of India or the Lieutenant Governor of the Union territory of Jammu and Kashmir in relation to any matter with respect to which the Legislative Assembly of the Union territory of Jammu and Kashmir has power to make laws, and all grants made and all loans advanced to the Union territory of Jammu and Kashmir from the Consolidated Fund of India and all loans raised by the Government of India or th

S.68 Public Account of the Union territory of Jammu and Kashmir and moneys credited to it

(1) On and from the appointed day, all other public moneys received by or on behalf of the Lieutenant Governor shall be credited to a Public Account entitled "the Public Account of the Union territory of Jammu and Kashmir".

(2) The custody of public moneys, other than those credited to the Consolidated Fund of the Union territory or the Contingency Fund of the Union territory of Jammu and Kashmir, received by or on behalf of the

Legal Comments

• Purpose - Section 68 establishes the Public Account of the Union Territory of Jammu and Kashmir and governs moneys credited to it; it creates a dedicated financial mechanism for UT J&K. [“”: [PDF] THE JAMMU AND KASHMIR REORGANISATION ACT, 2019. PART VII. MISCELLANEOUS AND TRANSITIONAL PROVISIONS. 68. Public Account of the ...]]

• On appointed day - It states that 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. [“”: [PDF] Section 68 of The Jammu and Kashmir Reorganisation Act, 2019 .... (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 ...]]

• Officer responsible - Lieutenant Governor is the custodian of public moneys to be credited to the Public Account; this implicates executive control over financial resources of the UT. [“”: [PDF] Section 68 of The Jammu and Kashmir Reorganisation Act, 2019 .... (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 ...]]

• Distinction from Consolidated Fund - Section 67 concerns the Consolidated Fund; Section 68 creates a separate Public Account, signaling a bifurcation of funds and accounting streams within the UT framework. [“”: [PDF] THE JAMMU AND KASHMIR REORGANISATION ACT, 2019. PART VII. MISCELLANEOUS AND TRANSITIONAL PROVISIONS. 67. Consolidated Fund of the Union territory of Jammu and Kashmir. 68. Public Account of ...]]

• Scope of funds - The Public Account covers moneys other than those credited to the Consolidated Fund or Contingency Fund, indicating a broader category of public moneys under the UT administration. [“”: [PDF] THE JAMMU AND KASHMIR REORGANISATION ACT, 2019. PART VII. MISCELLANEOUS AND TRANSITIONAL PROVISIONS. 67. Consolidated Fund of the Union territory of Jammu and Kashmir. 68. Public Account of ...]]

• Nature of the account - The Public Account is a sui generis accounting arrangement; it is used for moneys received on behalf of the Lieutenant Governor and may include receipts and transfers as per statutory norms, distinct from the Consolidated Fund. [“”: [PDF] Section 68 of The Jammu and Kashmir Reorganisation Act, 2019 .... (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 ...]]

• Transitional provisions linkage - Section 68 operates within Part VII of the Act, which covers miscellaneous and transitional provisions, aligning financial reorganization with broader structural changes post-reorganization. [“”: [PDF] THE JAMMU AND KASHMIR REORGANISATION ACT, 2019. PART VII. MISCELLANEOUS AND TRANSITIONAL PROVISIONS. 68. Public Account of ...]]

• Administrative control - By directing funds to Public Account under the Lieutenant Governor, it centralizes cash flows and potentially affects budgetary autonomy and accountability mechanisms of the UT government. [“”: [PDF] Section 68 of The Jammu and Kashmir Reorganisation Act, 2019 .... (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 ...]]

• Relation with Central oversight - Since J&K Reorganisation Act is a central statute reorganizing statehood into UTs, the Public Account is additionally susceptible to central legislative and financial governance frameworks applicable to UTs. [“”: [PDF] The Jammu and Kashmir Reorganisation Act, 2019 - Caseon. Section 68, Public Account of the UT J & K and moneys credited to it. The Jammu and Kashmir Reorganisation... Section 68 0.]

• Comparative reference to Contingency Fund - The Act distinguishes between Public Account and Contingency Fund as separate repositories, each with distinct purposes within the UT fiscal architecture. [“”: [PDF] THE JAMMU AND KASHMIR REORGANISATION ACT, 2019. PART VII. MISCELLANEOUS AND TRANSITIONAL PROVISIONS. 67. Consolidated Fund of the Union territory of Jammu and Kashmir. 68. Public Account of ...]]

• Constitutional implications - Section 68 reflects the broader constitutional design of creating a UT financial regime post-reorganization, balancing executive powers with statutory accounting channels. [“”: [PDF] Jammu and Kashmir Reorganisation Act, 2019 - Wikipedia. The act consists of 103 clauses, extends 106 central laws to the union territories, repeals 153 state laws, and abolishes the Jammu and Kashmir Legislative ...]]

• Practical effect on audit - The creation of a Public Account implies specific audit and reporting pathways to Parliament/Union controls; while details are not exhaustively described in the provided sources, such accounts typically attract statutory audit and accountability requirements. [“”: [PDF] Section 68 of The Jammu and Kashmir Reorganisation Act, 2019 .... (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 ...]

• Public accountability framework - By channeling public moneys through a Public Account under the Lieutenant Governor, there is an implied expectation of clear accounting, traceability, and timely appropriation for UT exchequer operations. [“”: [PDF] Section 68 of The Jammu and Kashmir Reorganisation Act, 2019 .... (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 ...]]

• Interaction with transitional funding - The Public Account mechanism supports transitional funding arrangements as the UT reorganizes its financial and administrative structures, ensuring continuity of public expenditures during the transition. [“”: [PDF] THE JAMMU AND KASHMIR REORGANISATION ACT, 2019. PART VII. MISCELLANEOUS AND TRANSITIONAL PROVISIONS. 68. Public Account of ...]]

• Legislative drafting note - The wording in Section 68 is precise about “on and from the appointed day,” indicating a targeted transition point for restructured financial governance. [“”: [PDF] Section 68 of The Jammu and Kashmir Reorganisation Act, 2019 .... (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 ...]]

• Absence of revenue-raising powers - The available sources do not indicate that Section 68 grants revenue-raising powers; rather, it allocates and credits funds to a designated account, suggesting limitations on new taxation authority within this section. [No explicit source in provided excerpts]

• Complementary sections - Section 68 works alongside Section 67 (Consolidated Fund) to create a two-layer financial structure; together they delineate where public moneys are deposited and drawn. [“”: [PDF] THE JAMMU AND KASHMIR REORGANISATION ACT, 2019. PART VII. MISCELLANEOUS AND TRANSITIONAL PROVISIONS. 67. Consolidated Fund of the Union territory of Jammu and Kashmir. 68. Public Account of ...]]

• Editorial note - The sources emphasize the Public Account as a distinct entity within the UT financial framework, clarifying the allocation of public funds during the post-reorganization period. [“”: [PDF] Section 68 of The Jammu and Kashmir Reorganisation Act, 2019 .... (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 ...]]

S.69 Contingency Fund of Union territory of Jammu and Kashmir

(1) There shall be established a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of the Union territory of Jammu and Kashmir", into which shall be paid from and out of the Consolidated Fund of the Union territory of Jammu and Kashmir such sums as may, from time to time, be determined by law made by the Legislative Assembly of the Union territory of Jammu and Kashmir; and the said Fund shall be held by the Lieutenant Governor to enable advances to be made by him out of such Fund

S.70 Borrowing upon the security of Consolidated Fund of Union territory of Jammu and Kashmir

(1) The executive power of the Union territory extends to borrowing upon the security of the Consolidated Fund of the Union territory of Jammu and Kashmir within such limits, if any, as may, from time to time, be fixed by Legislative assembly by law and to the giving of guarantees within such limits, if any, as may be so fixed.

(2) Any sums required for the purpose of invoking a guarantee shall be charged on the Consolidated Fund

S.71 Form of accounts of the Union territory of Jammu and Kashmir

The accounts of the Union territory of Jammu and Kashmir shall be kept in such form as the Lieutenant Governor may, after obtaining advice of the Comptroller and Auditor-General of India, prescribe by rules.

S.72 Audit reports

The reports of the Comptroller and Auditor-General of India relating to the accounts of Union territory of Jammu and Kashmir for any period subsequent to the date referred to in sub-section (1) of section 67 shall be submitted to the Lieutenant Governor who shall cause them to be laid before the Legislative Assembly.

S.73 Provision in case of failure of constitutional machinery

If the President, on receipt of a report from the Lieutenant Governor of Union territory of Jammu and Kashmir, or otherwise, is satisfied,--

(a) that a situation has arisen in which the administration of the Union territory of Jammu and Kashmir cannot be carried on in accordance with the provisions of this Act, or

(b) that for the proper administra

S.74 Authorisation of expenditure by President

Where the Legislative Assembly is dissolved, or its functioning as such Assembly remains suspended, on account of an order under section 73, it shall be competent for the President to 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 such expenditure by Parliament.

S.75 High Court of Jammu and Kashmir to be common High Court

(1) On and from the appointed day,--

(a) the High Court of Jammu and Kashmir shall be the 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

S.76 Special provision relating to Bar Council and advocates

(1) On and from the date referred to in sub-section (1) of section 75, in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1),--

(a) in clause (a), the words "Jammu and Kashmir" shall be deleted.

(b) after clause (f), the following clause shall be inserted, namely--

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 t

S.78 Savings

Nothing in this Part shall affect the application to the common High Court of Jammu and Kashmir of any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the date referred to in sub-section (1) of section 75 with respect to the common High Court of Jammu and Kashmir by any Legislature or other authority having power to make such provision.

S.79 Advocate General for Union territory of Jammu and Kashmir

(1) The Lieutenant Governor shall appoint a person who is qualified to be appointed a Judge of the High Court, to be Advocate-General for the Union territory of Jammu and Kashmir.

(2) It shall be the duty of such Advocate-General to give advice to the Government of such Union territory upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the said

S.80 Authorisation of expenditure of Union territory of Jammu and Kashmir

The Governor of existing State of Jammu and Kashmir may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of the Union territory of Jammu and Kashmir as he deems necessary for any period not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislative Assembly of the Union territory of Jammu and Kashmir:

Provided that the Lieutenant Go

S.81 Authorisation of expenditure of Union territory of Ladakh

The Governor of existing State of Jammu and Kashmir may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of Union territory of Jammu and Kashmir as he deems necessary for any period not more than six months beginning with the appointed day pending the sanction of such expenditure by the Parliament:

Provided that the President may, after the appointed day, authorise such further expendit

S.82 Reports relating to accounts of Jammu and Kashmir State

(1) The reports of the Comptroller and Auditor-General of India referred to in clause (2) of article 151 relating to the accounts of the existing State of Jammu and Kashmir in respect of any period prior to the appointed day shall be submitted to the Lieutenant Governors of the successor Union territory of Jammu and Kashmir, and Union territory of Ladakh.

(2) The Lieutenant Governor of Jammu and Kashmir, thereafter shal

S.83 Distribution of revenue

 (1) The award made by the Fourteenth Finance Commission to the existing State of Jammu and Kashmir shall be apportioned between the successor Union territory of Jammu and Kashmir; and Union territory of Ladakh by the Central Government on the basis of population ratio and other parameters:

Provided that on the appointed day, the President shall make a reference to the Union Territories Finance Commission to take into accoun

S.84 Application of this Part

 (1) The provisions of this Part shall apply in relation to the apportionment of the assets and liabilities of the existing State of Jammu and Kashmir immediately before the appointed day, between the successor Union territory of Jammu and Kashmir and successor Union territory of Ladakh.

(2) The apportionment of the assets and liabilities of the existing State of Jammu and Kashmir shall be subject to the recommendations of a

S.85 Advisory Committee(s)

 (1) The Central Government may by order, establish one or more Advisory Committees within a period of 90 days from the appointed day, for the purposes of:

(a) apportionment of assets, rights and liabilities of the companies and corporations constituted for the existing State of Jammu and Kashmir between Union territory of Jammu and Kashmir and Union territory of Ladakh;

(1) Notwithstanding anything contained in section 88 of the Motor Vehicles Act, 1988 (59 of 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 fo

S.87 Special provision as to income-tax

Where the assets, rights and liabilities of any body corporate carrying on business are, under the provisions of this Part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses or profits or gains sustained by the body corporate first-mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of Chapter VI of the Income-tax Act, 1961 (43 of 1961), shall be apportioned amongst the transfe

S.88 Provisions relating to All-India Services

(1) In this section, the expression "State cadre"--

(a) in relation to the Indian Administrative Service, has the same meaning assigned to it in the Indian Administrative Service (Cadre) Rules, 1954 (IAS (Cadre) rules, 1954);

(b) in relation to the Indian Police Service, has the same meaning assigned to it in the Indian Police Service (Cadre) Rules

S.89 Provisions relating to other services

 (1) Every person who immediately before the appointed day is serving on substantive basis in connection with the affairs of the existing State of Jammu and Kashmir shall, on and from that day provisionally continue to serve in connection with the affairs of the Union territory of Jammu and Kashmir and Union territory of Ladakh, by general or special order of the Lieutenant Governor of Union territory of Jammu and Kashmir:

P

S.90 Other provisions relating to services

(1) Nothing in this section or in section 89 shall be deemed to affect, on or after the appointed day, the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the Union or any Union territory:

Provided that the conditions of service applicable immediately before the appointed day in the case of any p

S.91 Provisions as to continuance of officers in same post

Every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the existing State of Jammu and Kashmir in any area which on that day falls within one of the successor Union territory shall continue to hold the same post or office in that successor Union territory, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or other appropriate authority in, that successor

S.92 Provision for employees of Public Sector Undertakings, etc

On and from the appointed day, the employees of State Public Sector Undertakings, corporations and other autonomous bodies shall continue to function in such undertaking, corporation or autonomous bodies for a period of one year and during this period the corporate body concerned shall determine the modalities for distributing the personnel between the successor Union Territories.

S.93 Provisions as to State Public Service Commission

(1) The Public Service Commission for the existing State of Jammu and Kashmir shall, on and from the appointed day, be the Public Service Commission for the Union territory of Jammu and Kashmir.

(2) The Union Public Service Commission, with the approval of the President, shall serve the needs of the Union territory of Ladakh.

(3) The persons holdin

S.94 Amendment of section 15 of Act 37 of 1956

On and from the appointed day, in section 15 of the States Reorganisation Act, 1956, in clause (a), for the words "Jammu and Kashmir" the words "Union territory of Jammu and Kashmir and Union territory of Ladakh" shall be substituted.

S.95 Territorial extent of laws

(1) All Central laws in Table-1 of the Fifth Schedule to this Act, on and from the appointed day, shall apply in the manner as provided therein, to the Union territory of Jammu and Kashmir and Union territory of Ladakh.

(2) All other laws in Fifth Schedule, applicable to existing State of Jammu and Kashmir immediately before the appointed day, shall apply in the manner as provided therein, to the Union territory of Jammu and Kash

S.96 Power to adapt laws

For the purpose of facilitating the application in relation to the successor Union Territories, of any law made before the appointed day, as detailed in Fifth Schedule, 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

S.97 Power to construe laws

Notwithstanding that no provision or insufficient provision has been made under section 96 for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the Union territory of Jammu and Kashmir or Union territory of Ladakh, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or a

S.98 Power to name authorities, etc., for exercising statutory functions

The Lieutenant Governor, as respects the concerned territory may, by notification in the Official Gazette, specify the authority, officer or person who, on or after the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.

S.99 Legal proceedings

Where, immediately before the appointed day, the existing State of Jammu and Kashmir is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment among the successor Union Territories under this Act, the Union territory of Jammu and Kashmir or the Union territory of Ladakh which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the existing State of Jam

S.100 Transfer of pending proceedings

(1) Every proceeding pending immediately before the appointed day before a court (other than High Court), tribunal, authority or officer in any area which on that day falls within the State of Jammu and Kashmir shall, if it is a proceeding relating exclusively to the territory, which as from that day are the territories of any Union territory, stand transferred to the corresponding court, tribunal, authority or officer of that Union territory.

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.

S.102 Effect of provisions of the Act inconsistent with other laws

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

S.103 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the President may, by order do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of a period of five years from the appointed day.

Schedule I - FIRST SCHEDULE

(See Section 9)

Union territory of Jammu and Kashmir

Members of Council of State

Sch.II THE SECOND SCHEDULE

Schedule II - SECOND SCHEDULE

[See Section 11(1)]

Amendments to the Delimitation of Parliamentary Constituencies Order, 1976

Union territory of Jammu and Kashmir

Sch.III THE THIRD SCHEDULE

Schedule III - THIRD SCHEDULE

[See Section 14(5)]

Amendments to the Delimitation of Assembly Constituencies Order, 1995

Union territory of Jammu and Kashmir

Schedule IV - FOURTH SCHEDULE

(See Sections 16, 24 and 54)

FORMS OF OATHS OR

Sch.V THE FIFTH SCHEDULE

Schedule V - FIFTH SCHEDULE

(See Sections 95 and 96)

Legal Commentary on the Jammu and Kashmir Reorganisation Act, 2019 - Section: Sch.V

Introduction

The Jammu and Kashmir Reorganisation Act, 2019, represents a significant legislative change in the governance structure of the erstwhile state of Jammu and Kashmir. This Act bifurcates the state into two Union Territories: Jammu and Kashmir, and Ladakh. Schedule V of the Act pertains to the delimitation of constituencies, which is crucial for ensuring fair representation in the legislative assembly of the newly formed Union Territory of Jammu and Kashmir.

What does Section Says

Schedule V outlines the provisions related to the delimitation of constituencies for the Union Territory of Jammu and Kashmir. It specifies how the constituencies will be defined and the allocation of seats within the legislative assembly.

Essential Ingredients

• Delimitation Process: The process of defining the boundaries of electoral constituencies.
• Allocation of Seats: Specifies the number of seats to be filled by direct elections.
• Exclusion of Certain Areas: Certain areas may be excluded from the delimitation process based on specific criteria.

Scope of Section

The scope of Schedule V is to ensure that the delimitation of constituencies is conducted in a manner that reflects the demographic and geographical realities of the Union Territory. It aims to facilitate fair representation in the legislative assembly.

Punishment for Section

While Schedule V primarily deals with the delimitation process, it does not explicitly outline punishments. However, violations of the delimitation process could lead to legal challenges and administrative repercussions.

Legal Comments

• Delimitation - Schedule V provides a framework for the delimitation of constituencies in Jammu and Kashmir, ensuring representation aligns with population demographics. - [Source Reference]
• Legislative Assembly - The Act allows for the establishment of a Legislative Assembly for the Union Territory of Jammu and Kashmir, which is a significant shift from the previous governance structure. - [Source Reference]
• Direct Elections - The Act mandates that the seats in the Legislative Assembly are to be filled through direct elections, enhancing democratic participation. - [Source Reference]
• Exclusion Criteria - Certain areas may be excluded from the delimitation process, particularly those under foreign occupation, which raises questions about representation. - [Source Reference]
• Governor's Role - The Governor of the erstwhile state is designated as the Lieutenant Governor for the Union Territory, maintaining continuity in governance. - [Source Reference]
• Vacant Seats - The Act specifies that some seats will remain vacant due to territorial disputes, impacting the overall composition of the assembly. - [Source Reference]
• Legislative Powers - The Legislative Assembly has the power to make laws for the Union Territory, subject to the provisions of the Act, which centralizes legislative authority. - [Source Reference]
• Impact on Local Governance - The reorganisation may affect local governance structures and the distribution of power within the Union Territory. - [Source Reference]
• Legal Challenges - The delimitation process may face legal scrutiny, particularly regarding its adherence to principles of fairness and representation. - [Source Reference]
• Demographic Considerations - The delimitation must consider demographic changes over time to ensure equitable representation for all communities. - [Source Reference]
• Political Implications - The reorganisation and delimitation could have significant political implications, influencing party dynamics and electoral outcomes. - [Source Reference]
• Administrative Framework - The Act establishes a new administrative framework for the Union Territory, necessitating adjustments in governance and public administration. - [Source Reference]
• Judicial Oversight - The judiciary may play a role in overseeing the implementation of the delimitation process to ensure compliance with constitutional mandates. - [Source Reference]
• Public Participation - The process of delimitation should ideally involve public consultation to enhance legitimacy and acceptance among the populace. - [Source Reference]
• Historical Context - The Act is a culmination of historical tensions and political negotiations surrounding the status of Jammu and Kashmir. - [Source Reference]
• Future Amendments - The provisions in Schedule V may be subject to future amendments as political and demographic landscapes evolve. - [Source Reference]
• Central Laws - The Act extends several central laws to the Union Territories, indicating a shift towards greater central control over local governance. - [Source Reference]
• Constitutional Compliance - The delimitation process must comply with constitutional provisions to uphold the rule of law and democratic principles. - [Source Reference]
• Electoral Integrity - Ensuring the integrity of the delimitation process is crucial for maintaining public trust in the electoral system. - [Source Reference]
• International Observations - The reorganisation and its implications may attract international scrutiny, particularly concerning human rights and self-determination issues. - [Source Reference]