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THE JAMMU AND KASHMIR REORGANISATION ACT, 2019

ACT NO. 34 OF 2019 · Enacted [9th August, 2019.] · 103 sections

PRELIMINARY

Section 1.Short title.
Section 2.Definitions.

REORGANISATION OF THE STATE OF JAMMU AND KASHMIR

Section 3.Formation of Union territory of Ladakh without Legislature.
Section 4.Formation of Union territory of Jammu and Kashmir with Legislature.
Section 5.Governor of existing State of Jammu and Kashmir to be common Lieutenant Governor.
Section 6.Amendment of First Schedule to the Constitution.
Section 7.Saving powers of the Government of Union territory of Jammu and Kashmir.

The Council of States

Section 8.Amendment of Fourth Schedule to Constitution.
Section 9.Allocation of sitting members.

The House of the People

Section 10.Representation in House of the People.
Section 11.Delimitation of Parliamentary Constituencies Order, 1976.
Section 12.Provision as to sitting members.

The Lieutenant Governor and The Legislative Assembly of Union territory of Jammu and Kashmir

Section 13.Applicability of article 239A of Constitution.
Section 14.Legislative Assembly for the Union Territory of Jammu and Kashmir and its composition.
Section 15.Representation of women.
Section 16.Qualification for membership of Legislative Assembly.
Section 17.Duration of Legislative Assembly.
Section 18.Sessions of Legislative Assembly, prorogation and dissolution.
Section 19.Speaker and Deputy Speaker of Legislative Assembly.
Section 20.Speaker or Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
Section 21.Special address by Lieutenant Governor to Legislative Assembly.
Section 22.Rights of Ministers and Advocate General as respects Legislative Assembly.
Section 23.Rights of Lieutenant Governor to address and send messages to the Legislative Assembly.
Section 24.Oath or affirmation by members.
Section 25.Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum.
Section 26.Vacation of seats.
Section 27.Disqualifications for membership.
Section 28.Disqualification on ground of defection for being a member.
Section 29.Penalty for sitting and voting before making oath or affirmation or when not qualified or when disqualified.
Section 30.Powers, privileges, etc., of members.
Section 31.Salaries and allowances of members.
Section 32.Extent of legislative power.
Section 33.Exemption of property of the Union from taxation.
Section 34.Restrictions on laws passed by Legislative Assembly with respect to certain matters.
Section 35.Inconsistency between laws made by Parliament and laws made by Legislative Assembly.
Section 36.Special provisions as to financial Bills.
Section 37.Procedure as to lapsing of Bills.
Section 38.Assent to Bills.
Section 39.Bills reserved for consideration.
Section 40.Requirements as to sanction and recommendations to be regarded as matters of procedure only.
Section 41.Annual financial statement.
Section 42.Procedure in Legislative Assembly with respect to estimates.
Section 43.Appropriation Bills.
Section 44.Supplementary, additional or excess grants.
Section 45.Votes on account.
Section 46.Rules of procedure.
Section 47.Official language or languages of Union territory of Jammu and Kashmir and language or languages to be used in Legislative Assembly thereof.
Section 48.Language to be used for Acts, Bills, etc.
Section 49.Restriction on discussion in the Legislative Assembly.
Section 50.Courts not to inquire into proceedings of Legislative Assembly.
Section 51.Secretariat of the Legislative Assembly.
Section 52.Power of Lieutenant Governor to promulgate Ordinances during recess of Legislative Assembly.

Council of Ministers for the Union territory of Jammu and Kashmir

Section 53.Council of Ministers.
Section 54.Other provisions as to Ministers.
Section 55.Conduct of business.
Section 56.Duties of Chief Minister as respects the furnishing of information to the Lieutenant Governor, etc.

Legislative Council

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

ADMINISTRATION OF UNION TERRITORY OF LADAKH

Section 58.Appointment of Lieutenant Governor of Union territory of Ladakh.

DELIMITATION OF CONSTITUENCIES

Section 59.Definitions.
Section 60.Delimitation of constituencies.
Section 61.Power of Election Commission to maintain Delimitation Orders up-to date.
Section 62.Special provision as to readjustment of Parliamentary and Assembly Constituencies on the basis of 2011 census.
Section 63.Special provisions as to readjustment of Assembly and Parliamentary Constituencies.
Section 64.Procedure as to delimitation.

SCHEDULED CASTES AND SCHEDULED TRIBES

Section 65.Applicability of Scheduled Castes Order.
Section 66.Applicability of Scheduled Tribes Order.

MISCELLANEOUS AND TRANSITIONAL PROVISIONS

Section 67.Consolidated Fund of the Union territory of Jammu and Kashmir.
Section 68.Public Account of the Union territory of Jammu and Kashmir and moneys credited to it.
Section 69.Contingency Fund of Union territory of Jammu and Kashmir.
Section 70.Borrowing upon the security of Consolidated Fund of Union territory of Jammu and Kashmir.
Section 71.Form of accounts of the Union territory of Jammu and Kashmir.
Section 72.Audit reports.
Section 73.Provision in case of failure of constitutional machinery.
Section 74.Authorisation of expenditure by President.

HIGH COURT

Section 75.High Court of Jammu and Kashmir to be common High Court.
Section 76.Special provision relating to Bar Council and advocates.
Section 77.Practice and procedure in common High Court of Jammu and Kashmir.
Section 78.Savings.

ADVOCATE-GENERAL OF UNION TERRITORY OF JAMMU AND KASHMIR

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

AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES

Section 80.Authorisation of expenditure of Union territory of Jammu and Kashmir.
Section 81.Authorisation of expenditure of Union territory of Ladakh.
Section 82.Reports relating to accounts of Jammu and Kashmir State.
Section 83.Distribution of revenue.

APPORTIONMENT OF ASSETS AND LIABILITIES

Section 84.Application of this Part.

PROVISIONS AS TO CERTAIN CORPORATIONS AND ANY OTHER MATTERS

Section 85.Advisory Committee(s).
Section 86.Temporary provisions as to continuance of certain existing road transport permits.
Section 87.Special provision as to income-tax.

PROVISIONS AS TO SERVICES

Section 88.Provisions relating to All India Services.
Section 89.Provisions relating to other services.
Section 90.Other provisions relating to services.
Section 91.Provisions as to continuance of officers in same post.
Section 92.Provision for employees of Public Sector Undertakings, etc.
Section 93.Provisions as to State Public Service Commission.

LEGAL AND MISCELLANEOUS PROVISIONS

Section 94.Amendment of section 15 of Act 37 of 1956.
Section 95.Territorial extent of laws.
Section 96.Power to adapt laws.
Section 97.Power to construe laws.
Section 98.Power to name authorities, etc., for exercising statutory functions.
Section 99.Legal proceedings.
Section 100.Transfer of pending proceedings.
Section 101.Right of pleaders to practise in certain cases.
Section 102.Effect of provisions of the Act inconsistent with other laws.
Section 103.Power to remove difficulties.