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Core Purpose

The Jammu and Kashmir Reorganisation (Amendment) Act, 2023 (No. 35 of 2023), assented to on 15th December 2023, further amends the Jammu and Kashmir Reorganisation Act, 2019 to alter the composition of the Jammu and Kashmir Legislative Assembly and to provide for nomination of Kashmiri Migrants and displaced persons from Pakistan-occupied Jammu and Kashmir.

Detailed Summary

Published by the Ministry of Law and Justice, Legislative Department, in the Gazette of India, Extraordinary, Part II, Section 1, on 15th December 2023, the Jammu and Kashmir Reorganisation (Amendment) Act, 2023 (Act No. 35 of 2023), which received the assent of the President on 15th December 2023, amends Section 14 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) by inserting a proviso (subject to Section 60(1)) substituting the figure "107" with "114" for the strength of the Legislative Assembly and by substituting sub-section (10) to amend the Second Schedule of the Representation of the People Act, 1950 (43 of 1950) so that, under "II. Union Territories," the entry for Serial No. 3 "Jammu and Kashmir" is revised to read "90 7 9 90 7 9" across the relevant columns; the Act also inserts new Sections 15A and 15B after Section 15 of the principal Act, empowering the Lieutenant Governor of the Union Territory of Jammu and Kashmir to nominate up to two members (one a woman) from the community of Kashmiri Migrants (as defined under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997) and one member from displaced persons from Pakistan-occupied Jammu and Kashmir (defined as persons displaced from that area during 1947-48, 1965 and 1971 due to Partition or civil disturbances, and their successors-in-interest) to the Jammu and Kashmir Legislative Assembly; the Act was published under the signature of S.K.G. Rahate, Secretary to the Government of India.

Full Text

THE JAMMU AND KASHMIR REORGANISA TION (AMENDMENT) ACT , 2023 NO. 35 OF 2023 [15th December , 2023] An Act further to amend the Jammu and Kashmir Reor ganisation Act, 2019. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— 1. (1) This Act may be called the Jammu and Kashmir Reor ganisation (Amendment) Act, 2023. (2) It shall come into force on such date as the Central Government may , by notification in the Official Gazette, appoint.Short title, and commencement.MINISTR Y OF LA W AND JUSTICE (Legislative Department) New Delhi, the 15th December , 2023/ Agrahayana 24, 1945 ( Saka ) The following Act of Parliament received the assent of the President on the 15th December , 2023 and is hereby published for general information:—vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II—Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 43] ubZ fnYyh] 'kq Øokj] fnlEcj 15] 2023 @vxzgk;.k 24 ] 1945 ¼'kd½ No. 43] NEW DELHI, FRIDA Y, DECEMBER 15, 2023/AGRAHA YANA 24, 1945 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation.xxxGIDHxxx jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003—23 REGISTERED N O. DL—(N)0 4/000 7/200 3—23 CG-DL-E-15122023-250692 UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICA TIONS, DELHI–1 10054. MGIPMRND—474GI—15-12-2023.2. In the Jammu and Kashmir Reor ganisation Act, 2019 (hereinafter referred to as the principal Act), in section 14,— (i) in sub-section ( 3), the following proviso shall be inserted, namely:— 'Provided that subject to the provisions of sub-section ( 1) of section 60, on and from the date of commencement of the Jammu and Kashmir Reor ganisation (Amendment) Act, 2023, the provisions of this sub-section shall have effect as if for the figures "107", the figures "114" had been substituted.'; (ii) for sub-section ( 10), the following sub-section shall be substituted, namely:— '(10) In the Second Schedule to the Representation of the People Act, 1950, under the sub-heading "II. UNION TERRITORIES ", against serial number 3 relating to "Jammu and Kashmir", for the entries under columns 2 to 7, the following entries shall respectively be substituted, namely:— 1 2 3 4 5 6 7 "3. Jammu and Kashmir 90 7 9 90 7 9".'. 3. After section 15 of the principal Act, the following sections shall be inserted, namely:— '15A. Notwithstanding anything contained in sub-section ( 3) of section 14, the Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate not more than two members, one of whom shall be a woman, from the community of Kashmiri Migrants, to the Jammu and Kashmir Legislative Assembly . Explanation.— For the purposes of this section, the term "Migrant" shall have the same meaning as assigned to it in clause ( e) of section 2 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997. 15B. Notwithstanding anything contained in sub-section ( 3) of section 14, the Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate one member from displaced persons from Pakistan occupied Jammu and Kashmir to the Jammu and Kashmir Legislative Assembly . Explanation.— For the purposes of this section, the term "displaced person" means any person, who, on account of the setting up of the dominions of India and Pakistan, or on account of civil disturbances or fear of such disturbances in any area of the then State of Jammu and Kashmir presently under occupation of Pakistan, during the years 1947-48, 1965 and 1971, had left or had been displaced due to such disturbances from his place of residence in such area and who has been subsequently residing outside such area and also includes successors-in-interest of any such person.'. ————— S.K.G. RAHA TE, Secretary to the Govt. of India.Amendment of section 14.34 of 2019. Insertion of new sections 15A and 15B. Nomination of Kashmiri Migrants. Nomination of displaced persons.Jammu and Kashmir Act XVI of 1997.43 of 1950.2 THE GAZETTE OF INDIA EXTRAORDINAR Y [PART II—S EC. 1]

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