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Core Purpose

Enactment of the Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023 to reserve seats for women in the Legislative Assembly of the Union Territory of Jammu and Kashmir.

Detailed Summary

The Ministry of Law and Justice (Legislative Department) publishes the Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023 (No. 38 of 2023), which received Presidential assent on 20th December, 2023, further amending the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019). The Act inserts new sections 14A and 14B after section 14, providing that seats shall be reserved for women in the Legislative Assembly of the Union Territory of Jammu and Kashmir, with as nearly as possible one-third of the seats reserved under section 14(7) further reserved for women belonging to the Scheduled Castes or Scheduled Tribes, and as nearly as possible one-third of the total seats to be filled by direct election (including the SC/ST women's seats) reserved for women in a manner Parliament may determine by law. Section 14B provides that the reservation provisions take effect only after a delimitation exercise conducted following the first census after the Act's commencement, and shall cease to have effect fifteen years after commencement, subject to further extension by Parliament; rotation of the reserved seats shall occur after subsequent delimitation, and the provision shall not affect existing representation until dissolution of the then-current Assembly. The Act is signed by S.K.G. Rahate, Secretary to the Government of India, and comes into force on a date to be notified by the Central Government.

Full Text

THE JAMMU AND KASHMIR REORGANISATION (SECOND AMENDMENT) ACT, 2023 NO. 38 OF 2023 [20th December, 2023.] An Act further to amend the Jammu and Kashmir Reorganisation 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 Reorganisation (Second Amendment) Act, 2023. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2.In the Jammu and Kashmir Reorganisation Act, 2019, after section 14, the following sections shall be inserted, namely:— “14A. ( 1) Seats shall be reserved for women in the Legislative Assembly of the Union territory of Jammu and Kashmir. (2) As nearly as may be, one-third of the seats reserved under sub-section ( 7) of section 14 shall be reserved for women belonging to the Scheduled Castes or theScheduled Tribes in the Legislative Assembly of the Union territory of Jammu andKashmir.Short title andcommencement. Insertion of new sections14A and 14B.34 of 2019. Reservation of seats forwomen inLegislativeAssembly ofUnionterritory ofJammu andKashmir.vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 46] ubZ fnYyh] 'kqØokj] fnlEcj 22] 2023@ikS"k 1] 1945 ¼'kd½ No. 46] NEW DELHI, FRIDAY, DECEMBER 22, 2023/PAUSHA 1, 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 NO. DL—(N)04/0007/2003—23 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 22nd December, 2023/ Pausha 1, 1945 ( Saka ) The following Act of Parliament received the assent of the President on the 20th December, 2023 and is hereby published for general information:— CG-DL-E-22122023-250834 (3) As nearly as may be, one-third of the total number of seats to be filled by direct election to the Legislative Assembly of the Union territory of Jammu and Kashmir(including the number of seats reserved for women belonging to the Scheduled Castesand the Scheduled Tribes) shall be reserved for women in such manner as Parliamentmay by law determine. 14B. ( 1) Notwithstanding anything contained in the provisions of this Act, the provisions relating to reservation of seats for women in the Legislative Assembly ofthe Union territory of Jammu and Kashmir shall come into effect after an exercise ofdelimitation is undertaken for this purpose after the relevant figures for the firstcensus taken after the commencement of the Jammu and Kashmir Reorganisation(Second Amendment) Act, 2023 have been published and shall cease to have effecton the expiration of a period of fifteen years from such commencement. (2) Subject to the provisions of section 14A, seats reserved for women in the Legislative Assembly of the Union territory of Jammu and Kashmir shall continue tillsuch date as Parliament may by law determine. (3) Rotation of seats reserved for women in the Legislative Assembly of the Union territory of Jammu and Kashmir shall take effect after such subsequent exerciseof delimitation as Parliament may by law determine. (4) Nothing in section 14A shall affect any representation in the Legislative Assembly of the Union territory of Jammu and Kashmir until the dissolution of thethen existing Legislative Assembly of the Union territory of Jammu and Kashmir.”. ————— S.K.G. RAHATE, Secretary to the Govt. of India.Reservationof seats forwomen totake effect.2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—S EC. 1] MGIPMRND—516GI(S3)—22-12-2023.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICA TIONS, DELHI–110054.

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