The Jammu and Kashmir Constitution (Amendment) Act, 2011

Legal Document No 139

(Extract)

1. Short Title and Commencement:...

(1) This Act may be called the Jammu and Kashmir Constitution (Amendment) Act, 2011.

(2) Except as hereinafter provided, the provisions of this Act shall be deemed to have come into force from 14th May, 1954.

(3) Insertion of new part after section 5 :...After section 5 of the Jammu and Kashmir Constitution Act, 1996 (hereinafter referred to as, ' the said Act') the following new part shall be inserted namely:

PART I (A)
PERMANENT RESIDENTS

5-A. Every person who is or is deemed to be a citizen of India under the provisions of Part II of the Constitution of India as applied to the State of Jammu and Kashmir under the Constitution (Application to Jammu and Kashmir) Order 1954, shall be a permanent resident of the State of Jammu and Kashmir if at the date of commencement of the Jammu and Kashmir Constitution (Amendment) Act 2011, namely the 1 4th May 1954;

(a) he was a State Subject of Class II as defined in the State Subject Notification No. I-L/84 dated 20th April, 1927 read with Notification No. 13/L dated 27th June, 1932, or

(b) after having acquired immovable property in the Jammu and Kashmir State in pursuance of an Ijazatnama granted under the Ijazatnama Rules for the time being in force, he has been ordinarily resident in the territory of the State for not less than ten years prior to the date of such commencement.

Explanation

All persons who before the commencement of the the Constitution (Application to Jammu and Kashmir) Order 1954 were State Subjects of Class I or Class II as defined in the State Subject Notification No, I-L/84 dated 20th April,1927, read with Notification No. 13/L dated 27th June, 1932, and who having migrated after the first day of March. 1947, to the territory now included in Pakistan return to the State under permit for settlement in the State or permanent return issued by or under the authority of any law made by the State Legislature shall continue to be deemed permanent residents of the State.

Status of permanent residentship of certain juristic persons:... 5-B. Notwithstanding anything contained in the foregoing provisions, of this Act every Company, which, immediately before the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, was recognised to be a State Subject within the meaning of State Subject Notification' No. I-L/84 dated 20th April, 1927 shall be deemed to be a permanent resident at such commencement.

Explanation

In this section "Company" shall have meaning assigned: to it in the Jammu and Kashmir Companies Act, 1927.

Continuance of the Status of permanent residentship:...5-C Every person who is or who is deemed to be a permanent resident of the State of Jammu and Kashmir shall subject to the provisions of any law that may be made by the State Legislature, continue to be such permanent resident.

State Legislature to define and regulate the rights of permanent residents by 2/3rds majority:...5-D. The power of the State Legislature to define the term permanent resident of the State and to regulate their special rights and privileges shall be exercisable only by a majority of not less than two thirds of the total membership of the Legislative Assembly.

State Legislature to make Laws respecting the acquisition of the status of permanent resident :... 5-E. Nothing contained in the foregoing provisions shall derogate from the power of the State Legislature to make such laws as it thinks fit with respect to the acquisition of the status of the permanent residents and until the State Legislature enacts provisions in that behalf the existing Ijazatnama Rules shall continue to remain in force and the existing procedure for

obtaining a State Subject Certificate shall be followed for the purpose of securing the certificate of being a permanent resident of the State.

Reference to the term State Subject :... 5- F. Unless the context otherwise requires all references in the existing laws of the State to the expression 'State Subject' shall be construed as references to the "permanent residents of the State".

3. Amendment of section 23 Act XIV of 1996 :... In section 23 of the said Act for the words 'State Subjects' the words "permanent residents of the State" shall be substituted

4. Amendment of section 29, Act XIV of 1996 :... Section 29 of the said Act shall be numbered as sub-section (I) of the said section and after sub-section (I) as so renumbered the following sub-section shall be added, namely:

"Powers, Privileges and Immunities of the Legislative Assembly and its Members and Committee - (2) in other respects, the powers, privileges and immunities of the Legislative Assembly and the Members and the Committees thereof shall be such as may from time to time be defined by law and until so defined shall be those of the Parliament of India and its Members and Committees."

5. Amendment of section 31, Act XIV of 1996 :... In sub-section (3) of section 31 of the said Act for the words "then become an Act and have the force of law" the words "become an Act and have the force of law as soon as it is published in either of the aforesaid languages" shall be substituted.

6. Amendment of section 37, Act XIV of 1996...In section 37 of the said Act for the words "a member of Board of Judicial Advisors" the words "any Judge of the Supreme Court of India" shall be substituted.

 7. Amendment of section 43, Act XIV of 1996 ...In section 43 of the said Act:

(i) in clause (c) the words "and the members of Board of Judicial Advisors" shall be deleted and (ii) after clause (d) the following new clause shall be inserted, namely:

"(dd) The salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly."

8. Amendment of section 54, Act XIV of 1896...In section 54 of the said Act for the words "Coat of Arms" the words "State Emblem" shall be substituted.

9. Amendment of section 56, Act, XIV of 1996 .. In sub-section (2) of section 55 of the said Act, for the words 'Rupees ten thousand" the words "Rupees twenty thousand" shall be substituted.

(ii) this section shall come into force from the date of publication of this Act in the Government Gazette.

10. Omission of section 62, Act XIlV of 1996 - Section 62 of the said Act shall be omitted.

11. Insertion of new section after section 62, Act XIV of 1996 - After section 62 of the said Act, the following new section shall be inserted, namely:

"62A. If the High court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Act or the Constitution of India as applied to the State by the Constitution (Application to Jammu and Kashmir) Order, 1954. the determination of which is necessary for the case, it shall withdraw the case and may - 

(a) either dispose of the case itself, or

(b) determine the said question of law and return the case to the Court from which the case has been so withdrawn together with a copy of its Judgment on such question and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.

12. Insertion of new section 66 - A, Act XIV of 1996 ... After section 66 of the said Act the following new section shall be inserted, namely:

"66 - A. If at any time it appears to the Council that a question of law or fact has arisen, or is likely to arise, which if of such a nature and of such public importance that it is expedient to obtain the opinion of the High court upon it, it may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the Council its opinion thereon."

 13. Omission of section 71, Act XIV of 1996 Section 71 of the said Act shall be omitted.

14. Omission of section 75, Act XIV of 1996... Section 75 of the said Act shall be omitted.

15. Insertion of new section 76-A, Act XIV of 1996... After section 76 of the said Act the following new section shall be inserted, namely:

"Saving as regards Letters Patent 76-A :...The provision of the Letters Patent granted to the High Court on 28th May,1943 shall continue to remain in force except in so far as these are inconsistent with the provisions of this Act or of any other law for the time being in force."

16. Amendment of Schedule I-A, Act XIV of 1996 ...In form "C" of Schedule I-A of the said Act the words "for the members of the Board of Judicial Advisors and", occurring in the long title, and the words "President/a member of the Board of Judicial Advisors", in the text of the oath shall be omitted.