Jammu and Kashmir Reorganisation Act, 2019

An Act to provide for the reorganisation of the existing State of Jammu and Kashmir and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

PART I

PRELIMINARY

1. Short title. — This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.

2. Definitions. — In this Act, unless the context otherwise requires,—

(a) “appointed day” means the day which the Central Government may, by notification in the Official Gazette, appoint;

(b) “article” means an article of the Constitution;

(c) “assembly constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);

(d) “Election Commission” means the Election Commission appointed by the President under article 324;

(e) “existing State of Jammu and Kashmir” means the State of Jammu and Kashmir as existing immediately before the appointed day, comprising the territory which immediately before the commencement of the Constitution of India in the Indian State of Jammu and Kashmir;

(f) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Jammu and Kashmir;

(g) “Legislative Assembly” means Legislative Assembly of Union territory of Jammu and Kashmir;

(h) “Lieutenant Governor” means the Administrator of the Union territory appointed by the President under article 239;

(i) “notified order” means an order published in the Official Gazette;

(j) “population ratio”, in relation to the Union territory of Jammu and Kashmir, and Union territory of Ladakh means the ratio as per 2011 Census;

(k) “Scheduled Castes” in relation to the Union territory means such castes, races or tribes or parts of groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes in relation to that Union territory;

(l) “Scheduled Tribes” in relation to the Union territory means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes in relation to that Union territory;

(m) “sitting member”, in relation to either House of Parliament or of the Legislature of the existing State of Jammu and Kashmir, means a person who immediately before the appointed day, is a member of that House;

(n) “Union territory”, in relation to the existing State of Jammu and Kashmir, means the Union territory of Jammu and Kashmir or Union territory of Ladakh, as the case may be;

(o) “transferred territory” means the territory which on the appointed day is transferred from the existing State of Jammu and Kashmir to Union territories formed under sections 3 and 4 of this Act; and

(p) any reference to a district, tehsil or other territorial division of the existing State of Jammu and Kashmir shall be construed as a reference to the area comprised within that territorial division on the appointed day

PART II

REORGANISATION OF THE STATE OF JAMMU AND KASHMIR

3. Formation of Union territory of Ladakh without Legislature. — On and from the appointed day, there shall be formed a new Union territory to be known as the Union territory of Ladakh comprising the following territories of the existing State of Jammu and Kashmir, namely:—

“Kargil and Leh districts”,  and thereupon the said territories shall cease to form part of the existing State of Jammu and Kashmir.

4. Formation of Union territory of Jammu and Kashmir with Legislature. — On and from the appointed day, there shall be formed a new Union territory to be known as the Union territory of Jammu and Kashmir comprising the territories of the existing State of Jammu and Kashmir other than those specified in section 3.

5. Governor of existing State of Jammu and Kashmir to be common Lieutenant Governor.— On and from the appointed day, the Governor of the existing State of Jammu and Kashmir shall be the Lieutenant Governor for the Union territory of Jammu and Kashmir, and Union territory of Ladakh for such period as may be determined by the President.

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