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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:

  1. His Highness may on the advice of the Prime Minister appoint Deputy Ministers to work in such Ministeries as the Council may consider necessary.
  2. The Deputy Ministers shall be selected from amongst the members of the Legislative Assembly.
  3. 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:
  1. 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.
  2. 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.
  3. 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:
  4. 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

  1. The Legislature of the State shall consist of His Highness and a House to be known as the Legislative Assembly.
  2. 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.
  3. 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.
  4. 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

  1. 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.
  2. Subject to the Provisions of this section, the Speaker of the Legislative Assembly may from time to time:
  3. (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:

  1. Allowances of His Highness and other expenditure relating to his office;
  2. 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;
  3. 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;
  4. Expenditure relating to Constituent Assembly and its staff;
  5. Any sums required to satisfy and judgement decree or award of any court or arbitral tribunal:
  6. 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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