Some legislations to be implemented with amendments
Several Governor’s Acts among 164 State Laws to get repealed
JAMMU, Aug 6: A total of 106 Central Laws, which were enacted by the Parliament from time to time, will become applicable to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh following assent to the Jammu and Kashmir Reorganization Bill, 2019 by the President of India Ram Nath Kovind.
Moreover, 164 State Laws including Governor’s Acts will get repealed soon after issuance of formal orders about formulation of these two Union Territories while as 166 State Acts will remain in force as they were enacted by the State Legislature keeping in view Jammu and Kashmir specific issues.
Among the 164 State Laws, which are going to become redundant, are those which were enacted by the State Legislature from time to time on the lines of similar laws passed by the Parliament of India either keeping in view the public demand or on the basis of issues raised in the Legislature by the legislators.
In the 106 Central Laws that are going to be extended to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh the words “except the State of Jammu and Kashmir” will get omitted soon after the assent to the Jammu and Kashmir Reorganization Bill by the President of India as provisions in this regard have already been made in the Bill by the Union Government.
These words were incorporated in the Central Laws keeping in view Article 370 of the Indian Constitution whereby special status was conferred to the Jammu and Kashmir. But now these words are required to be omitted to pave the way for extension of all Central Laws to both the Union Territories.
The benefits of extension of these Central Laws to the Jammu, Kashmir and Ladakh were mentioned by the Union Home Minister Amit Shah in the Lok Sabha today while winding up discussion on Jammu and Kashmir Reorganization Bill, 2019.
The most important among the 106 Central Laws which will become applicable to both the Union Territories are the Code of Civil Procedure, 1908; the Code of Criminal Procedure, 1973; the Indian Penal Code, 1860; the Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016; the Administrative Tribunal Act, 1985; the Anand Marriage Act, 1951; the National Commission for Minority Education Institutions Act, 2005; the National Commission for Teacher Education Act, 1993; the Arbitration and Conciliation Act, 1996, the Benami Transactions (Prohibition) Act, 1988, the Commercial Courts Act, 2015; the Commission for Protection of Child’s Rights Act, 2006; the Disturbed Area (Special Courts) Act, 1976; the Dowry Prohibition Act, 1961; the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954; the Energy Conservation Act, 2001; the Enemy Property Act, 1968; the Family Courts Act, 1984; the Gram Nyalayas Act, 2009; the Hindu Succession Act, 1956; the Juvenile Justice (Care and Protection of Children) Act, 2015; the Maintenance and Welfare of Parents and Senior Citizens Act, 2007; the Muslim Personal Law (Shariet) Application Act, 1937, the Muslim Women (Protection of Rights on Divorce) Act, 1986 and the National Commission for Minorities Act, 1992.
The other important Central Laws are the National Commission for Women Act, 1990; the Prevention of Corruption Act, 1988; the Prevention of Damage to Public Property Act, 1984; the Protection of Children from Sexual Offences Act, 2012; the Prohibition of Child Marriage Act, 2007; the Protection of Human Rights Act, 1994; the Protection of Women from Domestic Violence Act, 2005 and the Right to Information Act, 2005 etc.
Among the State Laws which are going to be repealed in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh are J&K Accountability Commission Act, 2002; J&K Arya Samajist Marriages (Validation) Act, 1942; Buddhists Polyandrous Marriages Prohibition Act, 1941; Jammu and Kashmir Charitable Endowments Act, 1989; J&K Cinematograph Act, 1933; Code of Civil Procedure Samvat 1977; Code of Criminal Procedure, Samvat 1989; J&K State Commission for Women Act, 1999; J&K Consumer Protection Act, 1987; J&K Criminal Law Amendment Act, 1993; J&K Dehi Adalats Act, 2013; J&K Displaced Persons (Permanent Settlement) Act, 1971; J&K Dissolution of Muslim Marriages Act, 1942; J&K Electricity Act, 2010; J&K State Evacuees (Administration of Property and Validation of Orders, Proceedings) Act, 1958.
The other State Laws, which are going to become thing of past, included J&K Evidence Act Samvat 1977; J&K Forest Act, Samvat 1987; J&K Juvenile Justice (Care and Protection of Children) Act, 2013; J&K Muslim Specified Wakafs and Specified Wakaf Properties (Management and Regulation) Act, 2004; J&K Prevention of Corruption Act, Samvat 2006; J&K Permanent Residents Certificate (Procedure) Act, 1963; J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988; , State Ranbir Penal Code, Samvat 1989; J&K Right to Information Act, 2009; J&K Transfer of Property Act, 1977 and J&K Wakafs Act, 2001 etc.
The Governor’s Acts, which are not going to be applicable in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh, are J&K Real Estate (Regulation and Development) Act, 2018; J&K State Commission for Protection of Women and Child Rights Act, 2018; J&K Prohibition of Benami Property Transactions Act, 2018; J&K Rights of Persons with Disabilities Act, 2018; J&K Family Courts Act, 2018; J&K Commercial Courts Act, 2018; J&K State Trust for Welfare of Persons with Autism Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 2018; J&K Single Window (Industrial Investment and Business Facilitation) Act, 2018 and J&K Drugs and Magic Remedies (Objectionable Advertisements) Act, 2018 etc.
The State Laws which shall be applicable to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh with amendments are Transfer of Property Act; J&K Alienation of Land Act; the Jammu and Kashmir Big Landed Estates Abolition Act; the J&K Land Grants Act; the J&K Agrarian Reforms Act; the J&K Cooperative Societies Act and the J&K Reservation Act.
A total of 166 other State Acts including Governor’s Acts will remain in force in both the Union Territories as these laws were enacted by the State Legislature from time to time keeping in view State specific requirements and these will have importance even after bifurcation of the State.