An
Act further to amend
the Jammu and Kashmir Constitution
Act, 1996.
Act No. XVII of 2008.
Legal
Document No 123
Whereas it is expedient
further to amend the Jammu and Kashmir Constitution
Act, 1996, with a view to bring it in accord with the
spirit of Proclamations dated 5th March 1948, 20th
June 1949 and 20th April 1951 and the changes brought
about in the actual governance of the State, in the
manner hereinafter appearing:
Now, therefore, in exercise
of the powers reserved under Section 5 of the J&K
Constitution Act, 1996, read with the Proclamation
issued by His Highness and published in the
Extraordinary issue of the Government Gazette, dated
7th Har 2006, Yuvaraj Shree Karan Singh ji Bahadur is
pleased to enact as follows:
Short title and Commencement
.... (1) This act may be called the Jammu and Kashmir
Constitution (Amendment) Act, 2008. (2) It shall come
into force at once,
Amendment of section 4, Act
XIV of 1996. 2: In Section 4 of the Jammu and Kashmir
Constitution Act 1996 (hereinafter referred to as the
'said act') for the words "except in so far as
may be otherwise provided by or under this Act, or as
may be otherwise directed by His Highness", the
words "on the advice of the Council except in so
far as may be otherwise provided by or under this Act
and except in regard to those matters enumerated in
List I in the Seventh Schedule to the Constitution of
India with respect to which the Parliament of India
has power to make law for the State" shall be
substituted.
Omission of section 5, Act
XIV of 1996. 3: Section 5 of the said Act shall be
omitted.
Amendment of section 6, Act
XIV of 1996.4: In section 6 of the said Act for the
words and figures "Subject always to the
provision of sections 4 and 5 subject also to such
rules of business and allocation of portfolios and
such other directions as to consultations with or
reports to and confirmation by His Highness on special
matters as His Highness may give from time to time by
general or special orders in that behalf", the
words "Subject to the Proivisions of this
Act" shall be substituted.
Substitution of section 7,
Act XIV of 1996. 5: For section 7 of the said Act, the
following section shall be substituted, namely:
"Constitution of the
Council-7. The Council shall consist the Prime
Minister appointed by His Highness and such other
Ministers of the State as His Highness may appoint on
the advice of the Prime Minister. The Prime Minister
and other Ministers shall be collectively responsible
to the Legislative Assembly of the State. The Prime
Minister shall be the President of the Council."
Amendment of section 9, Act
XIV of 1996.6: In section 9 of the said Act, for the
words "The Prime Minister may with the previous
sanction of His Highness", the words "The
Council may" shall be substituted.
Insertion of new sections 9-A
and 9-B in Act XIV of 1996.7: After section 9 of the
said Act, the following sections shall be inserted
namely:
Appointment of Deputy
Ministers - 9-A:
- His Highness may on the
advice of the Prime Minister appoint Deputy
Ministers to work in such Ministeries as the
Council may consider necessary.
- The Deputy Ministers shall
be selected from amongst the members of the
Legislative Assembly.
- The Deputy Ministers
before entering on the duties of the office shall
take an oath of office before the Prime Minister
in the form set out in Schedule I.
Salaries of Ministers and
Deputy Ministers - 9-B:
- The salaries and
allowances of Ministers shall be such as the
Legislative Assembly may from time to time by Act
determine and until the Legislative Assembly so
determines, Ministers shall draw such salaries and
allowances as they were drawing immediately before
the commencement of the Legislative Assembly.
- The salaries and allowance
of Deputy Ministers shall be such as may be
determined by the Legislative Assembly from time
to time and until the Legislative Assembly so
determines, the salaries and allowances of Deputy
Ministers shall be as set out in Schedule II.
- Amendment of section 10,
Act XIV of 1996.8: After subsection (3) of section
10 of the said Act the following sub-section shall
be added namely:
- The Council may make rules
not inconsistent with this Act is regard to the
duties of the Advocate General.
Omission of section 12, Act
XIV of 1996.9: Section 12 of the said Act shall be
omitted.
Substitution of words
"Legislative Assembly" for the words "Praja
Sabha" in part III, Act XIV of 1996. 10. In Part
III of the said Act, for the words "Praja Sabha"
wherever they occur the words "Legislative
Assembly" shall be substituted.
Substitution of section 13,
Act XIV of 1996.11: For section 13 of the said Act,
the following section shall be substituted namely:
"Legislature: 13
- The Legislature of the
State shall consist of His Highness and a House to
be known as the Legislative Assembly.
- Notwithstanding anything
contained in this Act, the powers of the
Legislative Assembly under this Act shall, until
other provision is made by or in accordance with a
law made by the Constituent Assembly set up under
the Proclamation dated 20th April 1951, be
exerciseable by the said Constituent Assembly and
references in this Act to the Legislative Assembly
shall be construed accordingly.
- The Legislative Assembly
may make rules and standing orders, subject to the
provisions of; this Act for regulating their
procedure and conduct of their business.
- Until rules are made under
sub-section (3), the rules of Procedure and
standing orders in force in relation to the the
Praja Sabha shall apply to the Legislative
Assembly, subject to such modifications and
adaptations as may be made therein by the Speaker
of the Legislative Assembly."
Omission of section 14, Act XIV
of 1996. 12: Section 14 of the said Act shall be
omitted.
Substitution of section 15,
Act XIV of 1996. 13: For section 15 of the said Act,
the following section shall be substituted, namely:
"Summoning of the
Legislative Assembly: 15
- The Legislative Assembly
shall be summoned to meet at least twice in a year
and more than six months shall not intervene
between its last sitting in one session and the
date appointed for its first sitting in the next
session.
- Subject to the Provisions
of this section, the Speaker of the Legislative
Assembly may from time to time:
(a) summon the Legislative
Assembly to meet at such time and place as he thinks
fit;
(b) prorogue the Legislative Assembly."
Amendment of section 16, Act
XIV of 1996. 14: In section 16 of the said Act.
(i) In clause (b) the words
"or any other Minister" shall be omitted,
and
(ii) In clause (c) for the
words "the President" the word, "the
Speaker" shall be substituted.
Amendment of section 17, Act XIV
of 1996. 15: In section 17 of the said Act, for the
words Flue President" the words "the
Speaker" shall be substituted.
Substitution of section 19,
Act XIV of 1996. 16: For section 19 of the said Act,
the following section shall be substituted, namely:
"Speaker and Deputy
Speaker: 19.
(1) The Legislative Assembly
may choose two members of the Assembly to be
respectively Speaker and Deputy Speaker thereof and
so often as the office of the Speaker or Deputy
Speaker becomes vacant, the Assembly may choose
another member to be the Speaker or the Deputy
Speaker, as the case may be.
Until the Legislative Assembly
elects a Speaker and Deputy Speaker, as provided in
sub-section( l ), the President of the Constituent
Assembly shall act as Speaker and Deputy Speaker of
the Legislative Assembly."
Amendment of section 20, Act
XIV of 1966.17: In section 20 of the said Act:
(i) sub-section (1) shall be omitted;
(ii) sub-section A shall be
renumbered as sub-section (i) and in the sub-section
as so renumbered.
(a) for the words 'Deputy
President" the words "Deputy Speaker"
and for the words "the President",
wherever they occur, the words "the
Speaker" shall be substituted, and
(b) the words "with
the approval of the Council" shall be omitted;
and
(iii) for sub-section (3)
the following sub-section shall be substituted,
namely:
"(2) During the temporary
absence of else Speaker and the Deputy Speaker from a
meeting of the
Legislative Assembly such
person shall act a Speaker as may be determined by the
Rules of Procedure of the Legislative Assembly or if
no such person is present such other person as may be
determined by the Assembly".
Amendment of section 21, Act
XIV of 1996. 19: In section 2 of the said Act, for the
words "Deputy President" the words "the
Speaker or the Deputy Speaker" shall be
substituted.
Substitution of section 22,
Act XIV of 1996. 19: For section 22 of the said Act,
the following section shall be substituted, namely:
"Parliamentary
Secretaries-22.
(1) The Council may appoint
from among the members of the Legislative Assembly
as many Parliamentary Secretaries for such period
and on such term and conditions as the Council may
think fit.
(2) The Council may make
rules not inconsistent with the provisions of this
Act in regard to the duties of Parliamentary
Secretaries".
Substitution of section 23, Act,
XIV of 1996. 20: For section 23 of the said Act, the
following section shall be substituted namely:
"Legislative power of
the Legislative Assembly-23, Subject to the provisions
of the Act the Legislative Assembly may make laws for
the whole or any part of the State and for the State
subjects, wherever they may be, except in regard to
those matters enumerated in List I in the seventh
Schedule to the Constitution of India with respect to
which the Parliament of India has power to make laws
for the State."
Omission of section 24, Act
XIV of 1996. 21: Section 24 of the said Act shall be
omitted.
Amendment of section 25, Act
XIV of 1996. 22: In Section 25 of the said Act:
(i) in sub-section (l) for the
word "President" the word
"Speaker" shall be substituted, and
(ii) in sub-section (3) for
the words "one fifth", wherever they
occur, the words "one fourth" shall be
substituted.
Omission of Section 26, 27, and
28, Act XIV of 1996. 23: Sections 26, 27 and 28 of the
said Act shall be omitted.
Substitution of section 30,
Act, XIV of 1996. 24: For Section 30 of the said Act,
the following section shall be substituted, namely:
"Allowances and
Salaries: 30. The Speaker, the Deputy Speaker and the
members of the Legislative Assembly shall receive such
salaries and allowances as may be determined by an act
of the Legislative Assembly and until that Act is
passed such salaries and allowances shall be as set
out in Schedule III."
Amendment of section 31, Act
XIV of 1996. 25: In sub-section (3) of section 31 of
the said Act, for the words "In English" the
words "both in Urdu and English shall be
substituted.
Amendment of section 32, Act
XIV of 1966. 26: in section 320f the said Act, Act,
the proviso shall be omitted.
Substitution of section 38,
Act XIV of 1996.28: For section 38 of the said Act,
the following section shall be substituted, namely:
"Expenditure charged on
the revenues of the State - 43
The following expenditure
shall be the expenditure charged on the revenues of
the State:
- Allowances of His Highness
and other expenditure relating to his office;
- Debt charges for which the
State is liable including interest, sinking fund
charges and Redemption charges and other
expenditure relating to the raising of loans and
service redemption of debt;
- Salaries, allowances and
pensions payable to or in respect of the Judges of
the High Court and the Members of His Highness
Board of Judicial Advisers;
- Expenditure relating to
Constituent Assembly and its staff;
- Any sums required to
satisfy and judgement decree or award of any court
or arbitral tribunal:
- Any other expenditure
declared by this Act or any Act of the Legislative
Assembly to be so charged."
Amendment of section 45, Act XIV
of 1996.32: In Section 45 of the said Act;
(i) at the end of sub-section
(1) fullstop shall be deleted, . and the following
words shall be added, namely: "but nothing in
this sub-section shall be construed as preventing
the discussion in the Legislative Assembly of any of
these estimates."
(ii) Provisions to sub-section
(2) shall be omitted.
Substitution of section 46,
Act XIV of 1996.33: For section 46 of the said Act,
the following section shall be substituted, namely:
"Supplementary
Expenditure. - 46: If in respect of any financial year
a further expenditure from the revenues of the State
becomes necessary over and above the expenditure
authorised for that year the Council shall have the
power to author) se that expenditure. A statement of
the Legislative Assembly along with the financial
statement for the following year and the provisions of
the preceding sections shall have effect in relation
to that statement of the expenditure as they have in
relation to the annual financial statement."
Amendment of section 48, Act
XIV of 1966. 34: In sub-section (b) of section 48 of
the said Act for the words' one or more Judges"
the words "two or more other Judges" shall
be substituted.
Amendment section 49, Act XIV
of 1996.35: In section
49 of the said Act, for the
figures "55" the word "Sixty"
shall
be substituted and the first
proviso shall be omitted.
Amendment of section 51, Act
XIV of 1996. 36: In section 51 of the said Act for the
words "British India" wherever they occur,
the word "India" shall be substituted.
Substitution of section 72.
Act XIV of 1996. 37: For section 72 of the said Act
the following section shall be substituted, namely;
"Prerogative: - 72.
Nothing in this Act shall derogate from the
prerogative of His Highness to grant pardons
reprieves, respites of remissions of punishment."
Amendment of section 75, Act
XIV of 1996. 38: In section 75 of the said Act, the
words "Subject to the provisions of Section
5" shall be omitted.
Omission of sections 77 and
78, Act XIV of 1996. 39 Sections 77 and 78 of the said
Act shall be omitted.
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