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

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

(a) "appointed day" means the day1 which the Central Government may, by notification in theOfficial Gazette, appoint;

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

(c) "assembly constituency" and "parliamentary constituency" have the same meanings as in theRepresentation of the People Act, 1950 (43 of 1950);

(d) "Election Commission" means the Election Commission appointed by the President underarticle 324;

(e) "existing State of Jammu and Kashmir" means the State of Jammu and Kashmir as existingimmediately before the appointed day, comprising the territory which immediately before thecommencement 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 orother instrument having, immediately before the appointed day, the force of law in the whole or in anypart of the existing State of Jammu and Kashmir;

(g) "Legislative Assembly" means Legislative Assembly of Union territory of Jammu andKashmir;

(h) "Lieutenant Governor" means the Administrator of the Union territory appointed by thePresident under article 239;

(i) "notified order" means an order published in the Official Gazette;

(j) "population ratio", in relation to the Union territory of Jammu and Kashmir, and Unionterritory of Ladakh means the ratio as per 2011 Census;

(k) "Scheduled Castes" in relation to the Union territory means such castes, races or tribes orparts of groups within such castes, races or tribes as are deemed under article 341 to be ScheduledCastes in relation to that Union territory;

(l) "Scheduled Tribes" in relation to the Union territory means such tribes or tribal communitiesor parts of or groups within such tribes or tribal communities as are deemed under article 342 to beScheduled Tribes in relation to that Union territory;

(m) "sitting member", in relation to either House of Parliament or of the Legislature of theexisting State of Jammu and Kashmir, means a person who immediately before the appointed day,is a member of that House;

(n) "Union territory", in relation to the existing State of Jammu and Kashmir, means the Unionterritory 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 theexisting State of Jammu and Kashmir to Union territories formed under sections 3 and 4 of thisAct; and

(p) any reference to a district, tehsil or other territorial division of the existing State of Jammuand Kashmir shall be construed as a reference to the area comprised within that territorial divisionon the appointed day.

1. 31st October, 2019 ---clause (a) of Section 2, vide notification No. S.O. 2889 (E), dated 09th August, 2019 see Gazette ofIndia Extraordinary, Part II, s. 3 (ii).

On and from the appointedday, there shall be formed a new Union territory to be known as the Union territory of Ladakhcomprising the following territories of the existing State of Jammu and Kashmir, namely:--

u201cKargil and Leh districtsu201d,

and thereupon the said territories shall cease to form part of the existing State of Jammu and Kashmir.

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

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

On and from the appointed day, in theFirst Schedule to the Constitution, under the heading---u201dI. THE STATESu201d,---

(a) entry 15 shall be deleted.

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

(c) under the heading ---u201dII. UNION TERRITORIESu201d,---

after entry 7, the following entries shall be inserted, namely:---

u201c8. Jammu and Kashmir: The territories specified in section 4 of the Jammu and KashmirReorganisation Act, 2019u201d.

u201c9. Ladakh: The territories specified in section 3 of the Jammu and Kashmir ReorganisationAct, 2019u201d.

Nothingin the foregoing provisions of this Part shall be deemed to affect the power of the Government ofsuccessor Union territory of Jammu and Kashmir to alter, after the appointed day, the name, area orboundaries of any district or other territorial division in that Union territory.

On and from the appointed day, in theFourth 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:--

u201c31. Jammu and Kashmir ..................................................4u201d.

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

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

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

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

(2) The Election Commission may conduct the elections to the House of the People for the Unionterritory of Jammu and Kashmir and Union territory of Ladakh as per the allocation of seats specifiedin the Delimitation of Parliamentary Constituencies Order, 1976 as amended by this Act.

(1) Every sitting member of the House of the Peoplerepresenting 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 Jammuand Kashmir or Union territory of Ladakh, as the case may be, shall be deemed to have been electedto the House of the People by that constituency as so allotted.

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

On and from the appointed day, the provisionscontained in article 239A, which are applicable to u201cUnion territory of Puducherryu201d, shall also apply tothe u201cUnion territory of Jammu and Kashmiru201d.

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

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

(3) The total number of seats in the Legislative Assembly of the Union territory of Jammu and Kashmir to be filled by persons chosen by direct election shall be 107.

(4) Notwithstanding anything contained in sub-section (3), until the area of the Union territory ofJammu and Kashmir under the occupation of Pakistan ceases to be so occupied and the peopleresiding in that area elect their representatives--

(a) twenty four seats in the Legislative Assembly of Union territory of Jammu and Kashmirshall remain vacant and shall not be taken into account for reckoning the total membership of theAssembly; and

(b) the said area and seats shall be excluded in delimiting the territorial constituencies asprovided under PART V of this Act.

(5) On and from the appointed day, the Delimitation of Assembly Constituencies Order, 1995,as applicable to Union territory of Jammu and Kashmir, shall stand amended as directed in the ThirdSchedule of this Act.

(6) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the LegislativeAssembly of the Union territory of Jammu and Kashmir.

(7) The number of seats reserved for the Scheduled Castes and the Scheduled Tribes in theLegislative 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 thepopulation of the Scheduled Castes in the Union territory of Jammu and Kashmir or of theScheduled Tribes in the Union territory of Jammu and Kashmir, in respect of which seats are soreserved, bears to the total population of the Union territory of Jammu and Kashmir.

Explanation:-- In this sub-section, the expression population means the population asascertained 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 relevantfigures have been published shall, until the relevant figures for the first census taken after the year2026 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 ScheduledCastes or Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu andKashmir shall cease to have effect on the same date on which the reservation of seats for theScheduled Castes or the Scheduled Tribes in the House of the People shall cease to have effectunder article 334 of the Constitution of India.

(9) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under theheading :" ---I. THE STATES:---

"(a) entry 10 shall be deleted".

"(b) entries 11 to 29 shall be renumbered as 10 to 28".

(10) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under theheading :---"II. Union Territories"

(a) after entry 2, the following entries shall be inserted, namely:--

1 2 3 4 5 6 7"3. Jammu and Kashmir 83 6 .... 83 6 ...."

(11) The provisions of articles 324 to 327 and 329 of the Constitution of India, shall apply inrelation to the Union territory of Jammu and Kashmir, the Legislative Assembly and the members thereofas they apply, in relation to a State, the Legislative Assembly of a State and the members thereofrespectively; and any reference in articles 326 and 329 to "appropriate Legislature" shall be deemed to be areference to Parliament.

Notwithstanding anything in sub-section (3) of section 14 theLieutenant Governor of the successor Union territory of Jammu and Kashmir may nominate twomembers to the Legislative Assembly to give representation to women, if in his opinion, women arenot adequately represented in the Legislative Assembly.

A person shall not be qualified tobe 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 thatbehalf by the Election Commission an oath or affirmation according to the form set out for thepurpose in the Fourth Schedule of this Act;

(b) is not less than twenty-five years of age; and

(c) possesses such other qualifications as may be prescribed in that behalf by or under anylaw made by the Parliament.

The Legislative Assembly, unless sooner dissolved, shallcontinue for five years from the date appointed for its first meeting and no longer, and the expiration ofthe 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) ofarticle 352 is in operation, be extended by the President by order for a period not exceeding one year at atime and not extending in any case beyond a period of six months after the Proclamation has ceased tooperate.

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

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

(a) prorogue the House;br(b) dissolve the Legislative Assembly.

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

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

(a) shall vacate his office if he ceases to be a member of the Assembly;

(b) may at any time by writing under his hand addressed, if such member is the Speaker, to theDeputy 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 thethen members of the Assembly:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteendaysu2019 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 officeuntil immediately before the first meeting of the Assembly after the dissolution.

(3) While the office of Speaker is vacant, the duties of the office shall be performed by the DeputySpeaker or, if the office of Deputy Speaker is also vacant, by such member of the LegislativeAssembly as may be determined by the rules of procedure of the Assembly.

(4) During the absence of the Speaker from any sitting of the Legislative Assembly, the DeputySpeaker, or, if he is also absent, such person as may be determined by the rules of procedure of theAssembly, or, if no such person is present, such other person as may be determined by the LegislativeAssembly, shall act as Speaker.

(5) There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, suchsalaries and allowances as may respectively be fixed by the Legislative Assembly of the Unionterritory of Jammu and Kashmir by law and, until provision in that behalf is so made, such salariesand allowances as the Lieutenant Governor may, by order determine.

(1) At any sitting of the Legislative Assembly, while any resolution for theremoval of the Speaker from his office is under consideration, the Speaker, or while any resolution forthe removal of the Deputy Speaker, from his office is under consideration, the Deputy Speaker, shallnot, though he is present, preside, and the provisions of sub-section (4) of section 19 shall apply inrelation to every such sitting as they apply in relation to a sitting from which the Speaker or, as thecase 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 inthe Assembly and shall, notwithstanding anything in section 25, be entitled to vote only in the firstinstance on such resolution or on any other matter during such proceedings but not in the case of anequality of votes.

(1) At thecommencement of the first session after each general election to the Legislative Assembly and at thecommencement of the first session of each year, the Lieutenant Governor shall address the LegislativeAssembly, 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 forthe allotment of time for the discussion of matters referred to in such address.

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

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

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

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

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

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

(3) The Legislative Assembly shall have power to act notwithstanding any vacancy in themembership thereof, and any proceedings in the Legislative Assembly shall be valid notwithstandingthat it is discovered subsequently that some person who was not entitled so to do, sat or voted orotherwise took part in the proceedings.

(4) The quorum to constitute a meeting of the Legislative Assembly shall be ten members or onetenth 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 theduty of the Speaker, or person acting as such, either to adjourn the Legislative Assembly or to suspendthe meeting until there is a quorum.

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

(b) resigns his seat by writing under his hand addressed to the Speaker, and his resignation isaccepted 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 theAssembly 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 anyperiod during which the Assembly is prorogued or is adjourned for more than four consecutivedays.

(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 anyState or the Government of Union territory of Jammu and Kashmir or the Government oradministration of any other Union territory or other than an office declared by law made byParliament 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 eitherHouse of Parliament under the provisions of sub-clause (b), sub-clause (c) or sub-clause (d) ofclause (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 underthe Government of India or the Government of any State or the Government of Union territory ofJammu and Kashmir or the Government of any other Union territory by reason only that he is aMinister 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 toany of disqualification under the provisions of sub-sections (1) and (2), the question shall be referredfor 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 theopinion of the Election Commission and shall act according to such opinion.

The provisions of the TenthSchedule 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 article212 as references, respectively, to the Legislative Assembly of Union territory of Jammu andKashmir, as the case may be, section 24, section 30 and section 50 of this Act), apply to and inrelation to the members of the Legislative Assembly of Union territory of Jammu and Kashmir as theyapply 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 sodisqualified under the said Tenth Schedule as so modified.

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

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

(2) No member of the Legislative Assembly shall be liable to any proceedings in any court inrespect of anything said or any vote given by him in the Assembly or any committee thereof, and noperson shall be so liable in respect of the publication by or under the authority of such Assembly ofany report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of the Legislative Assembly and of themembers and the committees thereof shall be such as are for the time being enjoyed by the House ofthe People and its members and committees.

(4) The provisions of sub-sections (1), (2) and (3) shall apply in relation to persons who by virtueof this Act have the right to speak in, and otherwise to take part in the proceedings of, the LegislativeAssembly or any committee thereof as they apply in relation to members of the Legislative Assembly.

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

(1) Subject to the provisions of this Act, the LegislativeAssembly may make laws for the whole or any part of the Union territory of Jammu and Kashmirwith respect to any of the matters enumerated in the State List except the subjects mentioned at entries1 and 2, namely Public Order and Police respectively or the Concurrent List in the SeventhSchedule to the Constitution of India in so far as any such matter is applicable in relation to the Unionterritories.

(2) Nothing in sub-section (1) shall derogate from the powers conferred on Parliament by theConstitution to make laws with respect to any matter for the Union territory of Jammu and Kashmir orany part thereof.

The property of the Union shall, savein so far as Parliament may by law otherwise provide, be exempted from all taxes imposed by orunder any law made by the Legislative Assembly or by or under any other law in force in the Unionterritory of Jammu and Kashmir:

Provided that nothing in this section shall, until Parliament by law otherwise provides, prevent anyauthority within the Union territory of Jammu and Kashmir from levying any tax on any property ofthe 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.

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

If any provision of a law made by the Legislative Assembly with respect to mattersenumerated in the State List, in the Seventh Schedule to the Constitution is repugnant to any provisionof a law made by Parliament with respect to that matter, whether passed before or after the law madeby the Legislative Assembly, or, if any provision of a law made by the Legislative Assembly withrespect to any matter enumerated in the Concurrent List in the Seventh Schedule to the Constitution isrepugnant to any provision of any earlier law, other than a law made by the Legislative Assembly,with respect to that matter, then, in either case, the law made by Parliament, or, as the case may be,such earlier law shall prevail and the law made by the Legislative Assembly of the Union territoryshall, to the extent of the repugnancy, be void:

Provided that if such law made by the Legislative Assembly has been reserved for theconsideration of the President and has received his assent, such law shall prevail in the Unionterritory of Jammu and Kashmir:

Provided further that nothing in this section shall prevent Parliament from enacting at any timeany law with respect to the same matter including a law adding to, amending, varying or repealingthe law so made by the Legislative Assembly.

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

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

(b) the amendment of the law with respect to any financial obligations undertaken or to beundertaken 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 theUnion territory or the increasing of the amount of any such expenditure;

(e) the receipt of money on account of the Consolidated Fund of the Union territory or thepublic account of the Union territory or the custody or issue of such money or the audit of theaccount of the Union territory:

Provided that no recommendation shall be required under this sub-section for the moving of anamendment making provision for the reduction or abolition of any tax.

(2) A Bill or Amendment shall not be deemed to make provision for any of the matters aforesaidby reason only that it provides for the imposition of fines or other pecuniary penalties, or for thedemand or payment of fees for licences or fees for services rendered, or by reason that it provides forthe imposition, abolition, remission, alteration or regulation of any tax by any local authority or bodyfor local purposes.

(3) A Bill which, if enacted and brought into operation, would involve expenditure from theConsolidated Fund of Union territory shall not be passed by the Legislative Assembly of the Unionterritory unless the Lieutenant Governor has recommended to the Assembly, the consideration of theBill.

(1) A Bill pending in the Legislative Assembly shall notlapse by reason of the prorogation of the Legislative Assembly.

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

When a Bill has been passed by the Legislative Assembly, it shall bepresented to the Lieutenant Governor and the Lieutenant Governor shall declare either that he assentsto the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of thePresident:

Provided that the Lieutenant Governor may, as soon as possible after the presentation of the Bill tohim for assent, return the Bill if it is not a Money Bill together with a message requesting that theAssembly will reconsider the Bill or any specified provisions thereof, and, in particular, will considerthe desirability of introducing any such amendments as he may recommend in his message and, whena Bill is so returned, the Assembly will reconsider the Bill accordingly, and if the Bill is passed againwith or without amendment and presented to the Lieutenant Governor for assent, the LieutenantGovernor shall declare either that he assents to the Bill or that he reserves the Bill for theconsideration of the President:

Provided further that the Lieutenant Governor shall not assent to, but shall reserve for theconsideration of the President, any Bill which,--

(a) in the opinion of the Lieutenant Governor would, if it became law, so derogate from thepowers 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 aMoney Bill if it contains only provisions dealing with all or any of the matters specified insub-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 himthat it is a Money Bill.

When a Bill is reserved by Lieutenant Governor for theconsideration of the President, the President shall declare either that he assents to the Bill or that hewithholds assent therefrom:

Provided that where the Bill is not a Money Bill, the President may direct the Lieutenant Governorto return the Bill to the Legislative Assembly together with such a message as is mentioned in the firstproviso to section 38 and, when a Bill is so returned, the Assembly shall reconsider it accordinglywithin a period of six months from the date of receipt of such message and, if it is again passed by theAssembly with or without amendment, it shall be presented again to the President for hisconsideration.

No Act of the Legislative Assembly and no provision in any such Act, shall beinvalid by reason only that some previous sanction or recommendation required by this Act was notgiven, if assent to that Act was given by the Lieutenant Governor, or, on being reserved by theLieutenant Governor for the consideration of the President, by the President.

(1) The Lieutenant Governor shall in respect of every financialyear cause to be laid before the Legislative Assembly of the Union territory of Jammu and Kashmir, astatement of the estimated receipts and expenditure of the Union territory for that year, in this Partreferred to as the u201cannual financial statementu201d.

(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 uponthe 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 ConsolidatedFund of the Union territory of Jammu and Kashmir; and shall distinguish expenditure on revenueaccount from other expenditure.

(3) The following expenditure shall be expenditure charged on the Consolidated Fund of theUnion territory of Jammu and Kashmir:--

(a) the emoluments and allowances of the Lieutenant Governor and other expenditure relatingto his office;

(b) the charges payable in respect of loans advanced to the Union territory of Jammu andKashmir from the Consolidated Fund of India including interest, sinking fund charges andredemption charges, and other expenditure connected therewith;

(c) the salaries and allowances of the Speaker and the Deputy Speaker of the LegislativeAssembly;

(d) expenditure in respect of the salaries and allowances of Judges of High Court of Jammu andKashmir;

(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 specialresponsibility;

(g) any other expenditure declared by the Constitution or by law made by Parliament or by theLegislative Assembly of the Union territory of Jammu and Kashmir to be so charged.

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

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form ofdemands for grants to the Legislative Assembly, and the Legislative Assembly shall have power toassent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of theamount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the LieutenantGovernor.

(1) As soon as may be after the grants under section 42 have beenmade by the Legislative Assembly, there shall be introduced a Bill to provide for the appropriation outof 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 andKashmir but not exceeding in any case the amount shown in the statement previously laid beforethe Assembly.

(2) No amendment shall be proposed to any such Bill in the Legislative Assembly which will havethe effect of varying the amount or altering the destination of any grant so made or of varying theamount of any expenditure charged on the Consolidated Fund of the Union territory of Jammu andKashmir and the decision of the person presiding as to whether an amendment is inadmissible underthis sub-section shall be final.

(3) Subject to the other provisions of this Act, no money shall be withdrawn from the ConsolidatedFund of the Union territory except under appropriation made by law passed in accordance with theprovisions of this section.

(1) The Lieutenant Governor shall--

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

(b) if any money has been spent on any service during a financial year in excess of the amountgranted for that service and for that year,

cause to be laid before the Legislative Assembly, another statement showing the estimated amount ofthat expenditure or cause to be presented to the Legislative Assembly with such previous approval ademand for such excess, as the case may be.

(2) The provisions of sections 41, 42 and 43 shall have effect in relation to any such statement andexpenditure or demand and also to any law to be made authorising the appropriation of moneys out ofthe Consolidated Fund of the Union territory of Jammu and Kashmir to meet such expenditure or thegrant in respect of such demand as they have effect in relation to the annual financial statement andthe expenditure mentioned therein or to a demand for a grant and the law to be made for theauthorisation of appropriation of moneys out of the Consolidated Fund of the Union territory ofJammu and Kashmir to meet such expenditure or grant.

u2014(1) Notwithstanding anything in the foregoing provisions of this Part, theLegislative Assembly shall have power to make any grant in advance in respect of the estimatedexpenditure for a part of any financial year pending the completion of the procedure prescribed insection 42 for the voting of such grant and the passing of the law in accordance with the provisions ofsection 43 in relation to that expenditure and the Legislative Assembly shall have power to authoriseby law the withdrawal of moneys from the Consolidated Fund of the Union territory of Jammu andKashmir for the purposes for which the said grant is made.

(2) The provisions of sections 42 and 43 shall have effect in relation to the making of any grantunder sub-section (1) or to any law to be made under that sub-section as they have effect in relation tothe making of a grant with regard to any expenditure mentioned in the annual financial statement andthe law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund ofthe Union territory of Jammu and Kashmir to meet such expenditure.

(1) The Legislative Assembly may make rules for regulating, subject tothe 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 LegislativeAssembly, 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 inrelation to any financial matter or to any Bill for the appropriation of moneys out of theConsolidated Fund of the Union territory of Jammu and Kashmir;

(c) for prohibiting the discussion of, or the asking of questions on, any matter which affects thedischarge of the functions of the Lieutenant Governor in so far as he is required by this Act to actin his discretion.

(2) Until rules are made under sub-section (1), the rules of procedure and standing orders in forceimmediately before the commencement of this Act, with respect to the Legislative Assembly of theexisting 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 madetherein by the Speaker of Legislative Assembly.

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

(2) The business in the Legislative Assembly of the Union territory of Jammu and Kashmir shallbe transacted in the official language or languages of the Union territory of Jammu and Kashmir or inHindi or in English:

Provided that the Speaker of the Legislative Assembly or person acting as such, as the case maybe, may permit any member who cannot adequately express himself in any of the languages aforesaidto address the Legislative Assembly in his mother tongue.

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 LegislativeAssembly,

(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 LegislativeAssembly,

shall be in the English language:

Provided that where the Legislative Assembly has prescribed any language other than the Englishlanguage for use in Bills introduced in, or Acts passed by, the Legislative Assembly or in any order,rule, regulation or bye-law issued under any law made by the Legislative Assembly of the Unionterritory of Jammu and Kashmir, a translation of the same in the English language published under theauthority of the Lieutenant Governor in the Official Gazette shall be deemed to be the authoritativetext thereof in the English language.

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

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

(2) No officer or member of the Legislative Assembly in whom powers are vested by or under thisAct for regulating procedure or the conduct of business, or for maintaining order in the LegislativeAssembly shall be subject to the jurisdiction of any court in respect of the exercise by him of thosepowers.

(1) The Legislative Assembly shall have aseparate secretariat staff.

(2) The Legislative Assembly may by law regulate the recruitment, and the conditions of service ofpersons appointed, to the secretarial staff of the Legislative Assembly.

(3) Until provision is made by the Legislative Assembly under sub-section (2), the LieutenantGovernor may, after consultation with the Speaker of the Legislative Assembly make rules regulatingthe recruitment, and the conditions of service of persons appointed, to the secretarial staff of theAssembly and any rules so made shall have effect subject to the provisions of any law made under thesaid sub-section.

If at any time, except when the Legislative Assembly is in session, the LieutenantGovernor thereof is satisfied that circumstances exist which render it necessary for him to takeimmediate 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 thosematters with respect to which the Legislative Assembly has power to make laws.

(2) An Ordinance promulgated under this section shall have the same force and effect as an Act of theLegislative 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 ofsix weeks from the re-assembly of the Legislative Assembly, or if before the expiration of thatperiod a resolution disapproving it is passed by the Legislative Assembly; and

(b) May be withdrawn at any time by the Lieutenant Governor.

(1) There shall be a Council of Ministers consisting of not more thanten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister atthe head to aid and advise the Lieutenant Governor in the exercise of his functions in relation tomatters with respect to which the Legislative Assembly has power to make laws except in so far as heis required by or under this Act to act in his discretion or by or under any law to exercise any judicialor quasi-judicial functions.

(2) The Lieutenant Governor shall, in the exercise of his functions, act in his discretion in a matter:

(i) which falls outside the purview of the powers conferred on the Legislative Assembly; or

(ii) in which he is required by or under any law to act in his discretion or to exercise anyjudicial functions; or

(iii) related to All India Services and Anti Corruption Bureau:

Provided that if any question arises whether any matter is or is not a matter as respects whichthe Lieutenant Governor is by or under this Act required to act in his discretion, the decision of theLieutenant Governor in his discretion shall be final, and the validity of anything done by theLieutenant Governor shall not be called in question on the ground that he ought or ought not tohave acted in his discretion.

(3) The question whether any, and if so what, advice was tendered by Ministers to the LieutenantGovernor shall not be inquired into in any court.

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

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

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

(4) Before a Minister enters upon his office, the Lieutenant Governor shall administer to him theoaths of office and of secrecy according to the forms set out for the purpose in the Fourth Schedule tothis Act.

(5) A Minister who for any period of six consecutive months is not a member of the LegislativeAssembly shall at the expiration of that period cease to be a Minister.

(6) The salaries and allowances of Ministers shall be such as the Legislative Assembly may fromtime to time by law determine, and until the Legislative Assembly so determines, shall be determinedby the Lieutenant Governor.

The Lieutenant Governor shall make rules on the advice of theCouncil of Ministersu2014

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

(b) for the more convenient transaction of business with the Ministers including the procedureto be adopted in case of a difference of opinion between the Lieutenant Governor and the Councilof Ministers or a Minister.

(2) Save as otherwise provided in this Act, all executive action of the Lieutenant Governor,whether taken on the advice of his Ministers or otherwise, shall be expressed to be taken in the nameof the Lieutenant Governor.

(3) Orders and other instruments made and executed in the name of the Lieutenant Governor, shallbe authenticated in such manner as may be specified in rules to be made by the Lieutenant Governoron the advice of Council of Ministers, and the validity of an order or instrument which is soauthenticated shall not be called in question on the ground that it is not an order or instrument made orexecuted by the Lieutenant Governor.

It shall be the duty of the Chief Ministeru2014

(a) to communicate to the Lieutenant Governor all decisions of the Council of Ministersrelating 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 territoryand proposals for legislation as Lieutenant Governor may call for.

(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 Stateof Jammu and Kashmir shall stand abolished.

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

(3) All Bills pending in the Legislative Council immediately before the appointed day shall lapseon the abolition of the Council.

(1) The Unionterritory 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 theUnion 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 lawwhich is for the time being applicable to the Union territory of Ladakh and, when promulgated by thePresident, shall have the same force and effect as an Act of Parliament which applies to the Unionterritory of Ladakh.

(4) The Lieutenant Governor shall be assisted by advisor(s) to be appointed by the CentralGovernment.

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

(a) u201cassociate memberu201d means a member associated with the Delimitation Commission undersection 60;

(b) u201cDelimitation Commissionu201d means the Delimitation Commission to be constituted undersection 3 of the Delimitation Act, 2002 (33 of 2002); and thereafter by any law made by theParliament.

(c) u201cElection Commissionu201d means the Election Commission appointed by the President underarticle 324 of the Constitution of India;

(d) u201clatest census figuresu201d mean the census figures ascertained at the latest census of which thefinally published figures are available;

(e) u201cParliamentary Constituencyu201d means a constituency provided by law for the purpose ofelections to the House of the People from Union territory of Jammu and Kashmir and Unionterritory of Ladakh.

(f) u201cAssembly Constituencyu201d means a constituency provided by law for the purpose of electionsto the Legislative Assembly.

(1) Without prejudice to sub-sections (3) of section 14 ofthis Act, the number of seats in the Legislative Assembly of Union territory of Jammu and Kashmirshall be increased from 107 to 114, and delimitation of the constituencies may be determined by theElection Commission in the manner hereinafter provided--

(a) the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes in theLegislative Assembly, having regard to the relevant provisions of the Constitution;

(b) the assembly constituencies into which the Union territory shall be divided, the extent ofeach of such constituencies and in which of them seats shall be reserved for the Scheduled Castesor for the Scheduled Tribes; and

(c) the adjustments in the boundaries and description of the extent of the parliamentaryconstituencies 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 ElectionCommission shall have regard to the following provisions, namely:--

(a) all the constituencies shall be single-member constituencies;

(b) all constituencies shall, as far as practicable, be geographically compact areas, and indelimiting them, regard shall be had to physical features, existing boundaries of administrativeunits, facilities of communication and conveniences to the public; and

(c) constituencies in which seats are reserved for the Scheduled Castes and the ScheduledTribes shall, as far as practicable, be located in areas where the proportion of their population tothe total population is the largest.

(3) The Election Commission shall, for the purpose of assisting it in the performance of itsfunctions under sub-section (1), associate with itself as associate members, four persons as the CentralGovernment may by order specify, being persons who are the members of the Legislative Assemblyof the Union territory of Jammu and Kashmir or four members of the House of the Peoplerepresenting the Union territory of Jammu and Kashmir:

Provided that none of the associate members shall have a right to vote or to sign any decision ofthe Election Commission.

(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall befilled 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 dissentingproposals, if any, of any associate member who desires publication thereof in the Official Gazetteand in such other manner as the Commission may consider fit, together with a notice invitingobjections and suggestions in relation to the proposals and specifying a date on or after which theproposals will be further considered by it;

(b) consider all objections and suggestions which may have been received by it before the dateso specified; and

(c) after considering all objections and suggestions which may have been received by it beforethe date so specified, determine by one or more orders the delimitation of constituencies and causesuch order or orders to be published in the Official Gazette, and there upon such publication, theorder 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 constituenciesshall be laid before the Legislative Assembly of the Union territory of Jammu and Kashmir.

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

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

(b) where the boundaries or name of any territorial division mentioned in any such order ororders is or are altered, make such amendments as appear to it to be necessary or expedient forbringing such order up-to-date.

(2) Every notification under this section relating to an assembly constituency shall be laid, as soonas may be after it is issued, before the Legislative Assembly.

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

(a) in section 2, in clause (f), the words u201cbut does not include the State of Jammu and Kashmiru201dshall be omitted; and

(b) for the purpose of delimitation of Assembly and Parliamentary Constituencies, the wordsand figures u201ccensus held in the year 2001u201d, wherever occurring, shall be construed as words andfigures u201ccensus held in the year 2011u201d.

(2) Readjustment of the constituencies as provided under section 60 in the successor Unionterritory of Jammu and Kashmir into Assembly Constituencies, shall be carried by the DelimitationCommission, to be constituted under the Delimitation Act, 2002 (33 of 2002) as amended by this Act,and shall take effect from such date as the Central Government may, by order, publish in the OfficialGazette, specify.

(3) Readjustment of the constituencies as provided under section 11 in the successor Unionterritory of Jammu and Kashmir into Parliamentary Constituencies, shall be carried by theDelimitation Commission, to be constituted under the Delimitation Act, 2002 (33 of 2002) asamended by this Act, and shall take effect from such date as the Central Government may, by order,publish in the Official Gazette, specify.

Notwithstanding anything contained in sections 59 to 61, until the relevant figures for the first censustaken after the year 2026 have been published, it shall not be necessary to readjust the division ofsuccessor Union territory of Jammu and Kashmir into Assembly and Parliamentary Constituenciesand any reference to the u201clatest census figuresu201d in this Part shall be construed as a reference to the2011 census figures.

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

On and from the appointed day, the ConstitutionJammu and Kashmir (Scheduled Castes) Order, 1956 [Jammu and Kashmir (Schedule Castes Order,1956)], shall stand applied to the Union territory of Jammu and Kashmir and Union territory ofLadakh.

On and from the appointed day, the ConstitutionJammu 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 ofLadakh.

(1) On and from theappointed day, all revenues received in the Union territory of Jammu and Kashmir by the Governmentof India or the Lieutenant Governor of the Union territory of Jammu and Kashmir in relation to anymatter with respect to which the Legislative Assembly of the Union territory of Jammu and Kashmirhas power to make laws, and all grants made and all loans advanced to the Union territory of Jammuand Kashmir from the Consolidated Fund of India and all loans raised by the Government of India orthe Lieutenant Governor of the Union territory of Jammu and Kashmir upon the security of theConsolidated Fund of the Union territory of Jammu and Kashmir and all moneys received by theUnion territory of Jammu and Kashmir in repayment of loans shall form one Consolidated Fund to beentitled u201cthe Consolidated Fund of the Union territory of Jammu and Kashmiru201d.

(2) No moneys out of such Consolidated Fund shall be appropriated except in accordance with, andfor the purposes and in the manner provided in, this Act.

(3) The custody of such Consolidated Fund, the payment of moneys into such Funds, thewithdrawal of moneys therefrom and all other matters connected with or ancillary to those mattersshall be regulated by rules made by the Lieutenant Governor.

(1) On and from the appointed day, all other public moneys received by or on behalf of theLieutenant Governor shall be credited to a Public Account entitled u201cthe Public Account of the Unionterritory of Jammu and Kashmiru201d.

(2) The custody of public moneys, other than those credited to the Consolidated Fund of the Unionterritory or the Contingency Fund of the Union territory of Jammu and Kashmir, received by or onbehalf of the Lieutenant Governor, their payment into the Public Accounts of the Union territory ofJammu and Kashmir and the withdrawal of moneys from such account and all other matters connected with or ancillary to the aforesaid matters shall be regulated by rules made by the Lieutenant Governoron the advice of Council of Ministers.

(1) There shall beestablished a Contingency Fund in the nature of an imprest to be entitled u201cthe Contingency Fund ofthe Union territory of Jammu and Kashmiru201d, into which shall be paid from and out of theConsolidated Fund of the Union territory of Jammu and Kashmir such sums as may, from time totime, be determined by law made by the Legislative Assembly of the Union territory of Jammu andKashmir; and the said Fund shall be held by the Lieutenant Governor to enable advances to be madeby him out of such Fund.

(2) No advances shall be made out of the Contingency Fund of the Union territory of Jammu andKashmir except for the purposes of meeting unforeseen expenditure pending authorisation of suchexpenditure by the Legislative Assembly under appropriations made by law.

(3) The Lieutenant Governor on the advice of the Council of Ministers may make rules regulatingall matters connected with or ancillary to the custody of, the payment of moneys into, and thewithdrawal of moneys from, the Contingency Fund of the Union territory of Jammu and Kashmir.

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

(2) Any sums required for the purpose of invoking a guarantee shall be charged on theConsolidated Fund of the Union territory of Jammu and Kashmir.

The accounts of theUnion 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.

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

If the President, on receipt of areport from the Lieutenant Governor of Union territory of Jammu and Kashmir, or otherwise, issatisfied,--

(a) that a situation has arisen in which the administration of the Union territory of Jammu andKashmir 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 necessaryor expedient so to do,

the President may, by order, suspend the operation of all or any of the provisions of this Act for suchperiod as he thinks fit and make such incidental and consequential provisions as may appear to him tobe necessary or expedient for administering the Union territory of Jammu and Kashmir in accordancewith the provisions of this Act.

Where the Legislative Assembly is dissolved,or its functioning as such Assembly remains suspended, on account of an order under section 73, itshall be competent for the President to authorise, when the House of the People is not in Session,expenditure from the Consolidated Fund of the Union territory of Jammu and Kashmir pending thesanction of such expenditure by Parliament.

(1) On and from theappointed day,--

(a) the High Court of Jammu and Kashmir shall be the common High Court for the Unionterritory 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 andKashmir holding office immediately before the appointed day shall become on that day the Judgesof the common High Court.

(2) The expenditure in respect of salaries and allowances of the Judges of the common High Courtshall be allocated amongst the Union territory of Jammu and Kashmir and Union territory of Ladakhon the basis of population ratio.

(1) On and from the date referredto in sub-section (1) of section 75, in the Advocates Act, 1961 (25 of 1961), in section 3, insub-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 anadvocate on the roll of the Bar Council of the existing State of Jammu and Kashmir and practising asan advocate in the High Court of Jammu and Kashmir, may continue to be members of the Barcouncil of Jammu and Kashmir; and Ladakh, notwithstanding anything contained in the AdvocatesAct, 1961 and the rules made thereunder.

(3) The persons other than the advocates who are entitled immediately before the date referred toin sub-section (1) of section 75, on and after that date, be recognised as such persons entitled also topractise in the common High Court of Jammu and Kashmir or any subordinate court thereof, as thecase may be.

(4) The right of audience in the common High Court of Jammu and Kashmir shall be regulated inaccordance with the like principles as immediately before the date referred to in sub-section (1) ofsection 75, are in force with respect to the right of audience in the High Court of Jammu and Kashmir.

Subject to theprovisions of this Part, the law in force immediately before the date referred to in sub-section (1) ofsection 75 with respect to practice and procedure in the High Court of Jammu and Kashmir shall, withthe necessary modifications, apply in relation to the common High Court of Jammu and Kashmir andaccordingly, the common High Court of Jammu and Kashmir shall have all such powers to make rulesand orders with respect to practice and procedure as are immediately before that date exercisable bythe common High Court of Jammu and Kashmir:

Provided that any rules or orders which are in force immediately before the date referred to insub-section (1) of section 75 with respect to practice and procedure in the High Court of Jammu andKashmir shall, until varied or revoked by rules or orders made by the common High Court of Jammuand Kashmir, apply with the necessary modifications in relation to practice and procedure in thecommon High Court of Jammu and Kashmir as if made by that Court.

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

(1) The LieutenantGovernor shall appoint a person who is qualified to be appointed a Judge of the High Court, to beAdvocate-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 Unionterritory upon such legal matters and to perform such other duties of a legal character, as may fromtime to time be referred or assigned to him by the said Government, and to discharge the functionsconferred 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 allcourts in the Union territory of Jammu and Kashmir.

(4) The Advocate-General shall hold office during the pleasure of the Lieutenant Governor andreceive such remuneration as the Lieutenant Governor may determine.

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

Provided that the Lieutenant Governor of Union territory of Jammu and Kashmir may, after theappointed day, authorise such further expenditure as he deems necessary from the Consolidated Fundof the Union territory of Jammu and Kashmir for any period not extending beyond the said period ofsix months.

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

Provided that the President may, after the appointed day, authorise such further expenditure as hedeems necessary from the Consolidated Fund of India for any period not extending beyond the saidperiod of six months.

(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 laidbefore the Legislature of the Union territory of Jammu and Kashmir.

(3) The Lieutenant Governor of Jammu and Kashmir may by order-- (a) declare any expenditure incurred out of the Consolidated Fund of Jammu and Kashmir on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised; and

(b) provide for any action to be taken on any matter arising out of the said reports.

(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 ofJammu and Kashmir; and Union territory of Ladakh by the Central Government on the basis of population ratio and other parameters:

Provided that on the appointed day, the President shall make a reference to the Union territories Finance Commission to take into account the resources available to the successor Union territories of Ladakh and make separate award for the successor Union territory of Ladakh:

Provided further that on the appointed day, the President shall make a reference to the Fifteenth Finance Commission to include Union territory of Jammu and Kashmir in its Terms of Reference and make award for the successor Union territory of Jammu and Kashmir.

(2) Notwithstanding anything in sub-section (1), the Central Government may, having regard to the resources available to the successor Union territory of Ladakh make appropriate grants and also ensure that adequate benefits and incentives in the form of special development package are given to the backward areas of this region.

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

(2) The apportionment of the assets and liabilities of the existing State of Jammu and Kashmir shall be subject to the recommendations of a committee constituted by the Central Government.

(3) The process of apportionment shall be completed within a period of twelve months from the appointed day.

(1) The Central Government may by order, establish one or moreAdvisory 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 Kashmirregarding the division of the interests and shares and reconstitution of Board of Directors;

(e) issues related to facilities in certain State Institutions; and

(f) issues related to any other matters not covered under this section.

(2) The committees so appointed under sub-section (1) of this section, shall submit their reports within six months to the Lieutenant Governor of Union territory of Jammu and Kashmir, who shall act on the recommendations of such committees within a period of 30 days from the date of receiving such reports.

(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 for the time being in force in that area; and it shall not be necessary for any such permit to be countersigned by the Transport Authority of any of Union territory or any Regional Transport Authority therein for the purpose of validating it for use in such area:

Provided that the Lieutenant Governor may add to amend or vary the conditions attached to the permit by the Authority by which the permit was granted.

(2) No tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in any of the successor Union territories under any such permit, if such vehicle was, immediately before that day, exempt from the payment of any such toll, entrance fees or other charges for its operations in the transferred territory:

Provided that the Central Government may, after consultation with the Government of Union territory of Jammu and Kashmir or the administration of Union territory of Ladakh, as the case may be, authorise the levy of any such toll, entrance fees or other charges, as the case may be:

Provided further that the provisions of this sub-section shall not be applicable where any such tolls, entrance fees or other charges of a like nature are leviable for the use of any road or bridge which is constructed or developed for commercial purpose by the State Government, an undertaking of the State Government, a joint undertaking in which the State Government is a shareholder or the private sector.

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 becarried forward and set off in accordance with the provisions of Chapter VI of the Income-tax Act,1961 (43 of 1961), shall be apportioned amongst the transferee bodies corporate in accordance withthe rules to be made by the Central Government in this behalf and, upon such apportionment, theshare of loss allotted to each transferee body corporate shall be dealt with in accordance with theprovisions of Chapter VI of the said Act, as if the transferee body corporate had itself sustained suchloss in a business carried on by it in the years in which those losses were sustained.

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

(a) in relation to the Indian Administrative Service, has the same meaning assigned to it inthe 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 IndianPolice Service (Cadre) Rules, 1954 [IPS (cadre) rules, 1954]; and

(c) in relation to the Indian Forest Service, has the same meaning assigned to it in the IndianForest Service (Cadre) Rules, 1966 [IFS (cadre) rules, 1954].

(2) The members of the cadres of Indian Administrative Service, Indian Police Service and Indian Forest Service for the existing State of Jammu and Kashmir, on and from the appointed day, shall continue to function on the existing cadres.

(3) The provisional strength, composition and allocation of officers currently borne on the existing cadre of Jammu and Kashmir to the Union territory of Jammu and Kashmir and Union territory of Ladakh, as referred to in sub-section (2) shall be such as the Lieutenant Governor of Union territory of Jammu and Kashmir may, by order, determine on or after the appointed day.

(4) The members of each of the said services, currently borne on the Jammu and Kashmir cadreimmediately before the appointed day shall be finally allocated between the successor Union territoryof Jammu and Kashmir and Union territory of Ladakh, in such manner and with effect from such dateor dates as the Central Government may, by order, specify on the recommendation of LieutenantGovernors 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 UnionTeritories, 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 Kashmiror Union territory of Ladakh, as the case may be, shall be borne on the Arunachal Goa MizoramUnion territory cadre, and necessary modifications in corresponding cadre allocations rules may bemade accordingly, by the Central Government.

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

Provided that every direction under this sub-section issued after the expiry of a period of one year from the appointed day shall be issued with the consultation of the Government or Administration of the successor Union territories, as the case may be.

(2) As soon as may be after the appointed day, the Lieutenant Governor of Jammu and Kashmir shall, by general or special order, determine the successor Union territory to which every person referred to in sub-section (1) shall be finally allotted for service, after consideration of option received by seeking option from the employees, and the date with effect from which such allotment shall take effect or be deemed to have taken effect:

Provided that even after the allocation has been made, Lieutenant Governor of Union territory of Jammu and Kashmir may in order to meet any deficiency in the service, depute officers from one successor Union territory to the other Union territory.

(3) Every person who is finally allotted under the provisions of sub-section (2) to a successor Union territory shall, if he is not already serving therein, be made available for serving in the successor Union territory from such date as may be agreed upon between the Government of the successor Union territory of Jammu and Kashmir and Administration of Union territory of Ladakh, or, in default of such agreement, as may be determined by the Central Government:

Provided that the Central Government shall have the power to review any of its orders issued under this section

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

Provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the Union territory of Jammu and Kashmir or Union territory of Ladakh under section 89 shall not be varied to his disadvantage except with the previous approval of the Lieutenant Governor.

(2) All services prior to the appointed day rendered by a person,--

(a) if he is deemed to have been allocated to any Union territory under section 89, shall be deemed to have been rendered in connection with the affairs of that Union territory;

(b) if he is deemed to have been allocated to the Union in connection with the administration of the successor Union territory, shall be deemed to have been rendered in connection with the affairs of the Union, for the purposes of the rules regulating his conditions of service.

(3) The provisions of section 89 shall not apply in relation to members of any All-India Service.

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

Provided that nothing in this section shall be deemed to prevent a competent authority, on and fromthe appointed day, from passing in relation to such person any order affecting the continuance in suchpost or office.

On and from the appointedday, the employees of State Public Sector Undertakings, corporations and other autonomous bodiesshall continue to function in such undertaking, corporation or autonomous bodies for a period of oneyear and during this period the corporate body concerned shall determine the modalities fordistributing the personnel between the successor Union territories.

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

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

(3) The persons holding office immediately before the appointed day as the Chairman or othermember of the Public Service Commission for the existing State of Jammu and Kashmir shall, as fromthe appointed day, be the Chairman or, as the case may be, the other member of the Public ServiceCommission for the Union territory of Jammu and Kashmir.

(4) Every person who becomes the Chairman or other member of the Public Service Commissionfor the Union territory of Jammu and Kashmir on the appointed day under sub-section (3) shall beentitled to receive from the Government of the Union territory of Jammu and Kashmir, conditions ofservice 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 theCommission in respect of any period prior to the appointed day shall be presented to the LieutenantGovernor of the Union territory of Jammu and Kashmir, and the Lieutenant Governor of the Unionterritory of Jammu and Kashmir shall, on receipt of such report, cause a copy thereof together with amemorandum explaining as far as possible, as respects the cases, if any, where the advice of theCommission was not accepted, the reasons for such non-acceptance to be laid before the Legislatureof the Union territory of Jammu and Kashmir.

On and from the appointed day, in section 15of the States Reorganisation Act, 1956, in clause (a), for the words u201cJammu and Kashmiru201d the wordsu201cUnion territory of Jammu and Kashmir and Union territory of Ladakhu201d shall be substituted.

(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 ofJammu and Kashmir and Union territory of Ladakh.

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

For the purpose of facilitating the application in relation to thesuccessor Union territories, of any law made before the appointed day, as detailed in Fifth Schedule tothis Act, the Central Government may, before the expiration of one year from that day, by order, makesuch adaptations and modifications of the law, whether by way of repeal or amendment, as may benecessary or expedient, and thereupon every such law shall have effect subject to the adaptations andmodifications so made until altered, repealed or amended by a competent Legislature or othercompetent authority.

Notwithstanding that no provision or insufficient provision hasbeen 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 facilitatingits 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 inregard to the matter before the court, tribunal or authority.

The LieutenantGovernor, as respects the concerned territory may, by notification in the Official Gazette, specify theauthority, officer or person who, on or after the appointed day, shall be competent to exercise suchfunctions exercisable under any law in force on that day as may be mentioned in that notification andsuch law shall have effect accordingly.

Where, immediately before the appointed day, the existing State ofJammu and Kashmir is a party to any legal proceedings with respect to any property, rights orliabilities subject to apportionment among the successor Union territories under this Act, the Unionterritory of Jammu and Kashmir or the Union territory of Ladakh which succeeds to, or acquires ashare in, that property or those rights or liabilities by virtue of any provision of this Act shall bedeemed to be substituted for the existing State of Jammu and Kashmir or added as a party to thoseproceedings, and the proceedings may continue accordingly.

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

(2) If any question arises as to whether any proceeding should stand transferred undersub-section (1), it shall be referred to the common High Court of Jammu and Kashmir and thedecision of that High Court shall be final.

(3) In this section--

(a) proceeding includes any suit, case or appeal; and

(b) corresponding court, tribunal authority or officer in any of Union territory means--

(i) the court, tribunal, authority or officer in which, or before whom, the proceeding wouldhave 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 maybe determined after the appointed day by the Government or administration of that Unionterritory, or the Central Government, as the case may be, or before the appointed day by theGovernment of the existing State of Jammu and Kashmir to be the corresponding court,tribunal, authority or officer.

Any person who, immediately before theappointed day, is enrolled as a pleader entitled to practise in any subordinate court in the existing Stateof Jammu and Kashmir shall, for a period of one year from that day, continue to be entitled to practisein those courts, notwithstanding that the whole or any part of the territories within the jurisdiction ofthose courts has been transferred to any of the Union territories.

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

(1) If any difficulty arises in giving effect to the provisionsof this Act, the President may, by order do anything not inconsistent with such provisions whichappears 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 theappointed day.

(2) Every order made under this section shall be laid before each House of Parliament.