39. Bills reserved for consideration.—
When a Bill is reserved by Lieutenant Governor for the
consideration of the President, the President shall declare either that he assents to the Bill or that he
withholds assent therefrom:
Provided that where the Bill is not a Money Bill, the President may direct the Lieutenant
Governor to return the Bill to the Legislative Assembly together with such a message as is
mentioned in the first proviso to section 38 and, when a Bill is so returned, the Assembly shall
reconsider it accordingly within a period of six months from the date of receipt of such message
and, if it is again passed by the Assembly with or without amendment, it shall be presented again
to the President for his consideration.
40. Requirements as to sanction and recommendations to be regarded as matters of
procedure only.—No Act of the Legislative Assembly and no provision in any such Act, shall be
invalid by reason only that some previous sanction or recommendation required by this Act was not
given, if assent to that Act was given by the Lieutenant Governor, or, on being reserved by the
Lieutenant Governor for the consideration of the President, by the President.
41. Annual financial statement.—
(1) The Lieutenant Governor shall in respect of every financial
year cause to be laid before the Legislative Assembly of the Union territory of Jammu and Kashmir, a
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statement of the estimated receipts and expenditure of the Union territory for that year, in this Part
referred to as the “annual financial statement”.
(2) The estimates of expenditure embodied in the annual financial statement shall show
separately—
(a) the sums required to meet expenditure described by this Act as expenditure charged upon
the Consolidated Fund of the Union territory of Jammu and Kashmir, and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated
Fund of the Union territory of Jammu and Kashmir; and shall distinguish expenditure on revenue
account from other expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of the
Union territory of Jammu and Kashmir:—
(a) the emoluments and allowances of the Lieutenant Governor and other expenditure relating
to his office;
(b) the charges payable in respect of loans advanced to the Union territory of Jammu and
Kashmir from the Consolidated Fund of India including interest, sinking fund charges and
redemption charges, and other expenditure connected therewith;
(c) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative
Assembly;
(d) expenditure in respect of the salaries and allowances of Judges of High Court of Jammu and
Kashmir;
(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(f) expenditure incurred by the Lieutenant Governor in the discharge of his special
responsibility;
(g) any other expenditure declared by the Constitution or by law made by Parliament or by the
Legislative Assembly of the Union territory of Jammu and Kashmir to be so charged.
42. Procedure in Legislative Assembly with respect to estimates.—
(1) So much of the estimates
as relates to expenditure charged upon the Consolidated Fund of Union territory of Jammu and
Kashmir shall not be submitted to the vote of the Legislative Assembly, but nothing in this
sub-section shall be construed as preventing the discussion in the Legislative Assembly of any of
those estimates.
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of
demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to
assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the
amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Lieutenant
Governor.
43. Appropriation Bills.—
(1) As soon as may be after the grants under section 42 have been
made by the Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out
of the Consolidated Fund of the Union territory of all moneys required to meet—
(a) the grants so made by the Legislative Assembly, and
(b) the expenditure charged on the Consolidated Fund of the Union territory of Jammu and
Kashmir but not exceeding in any case the amount shown in the statement previously laid before
the Assembly.
(2) No amendment shall be proposed to any such Bill in the Legislative Assembly which will have
the effect of varying the amount or altering the destination of any grant so made or of varying the
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amount of any expenditure charged on the Consolidated Fund of the Union territory of Jammu and
Kashmir and the decision of the person presiding as to whether an amendment is inadmissible under
this sub-section shall be final.
(3) Subject to the other provisions of this Act, no money shall be withdrawn from the Consolidated
Fund of the Union territory except under appropriation made by law passed in accordance with the
provisions of this section.
44. Supplementary, additional or excess grants.—
(1) The Lieutenant Governor shall—
(a) if the amount authorised by any law made in accordance with the provisions of section 43 to
be expended for a particular service for the current financial year is found to be insufficient for the
purposes of that year or when a need has arisen during the current financial year for supplementary
or additional expenditure upon some new service not contemplated in the annual financial
statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of the amount
granted for that service and for that year,
cause to be laid before the Legislative Assembly, another statement showing the estimated amount of
that expenditure or cause to be presented to the Legislative Assembly with such previous approval a
demand for such excess, as the case may be.
(2) The provisions of sections 41, 42 and 43 shall have effect in relation to any such statement and
expenditure or demand and also to any law to be made authorising the appropriation of moneys out of
the Consolidated Fund of the Union territory of Jammu and Kashmir to meet such expenditure or the
grant in respect of such demand as they have effect in relation to the annual financial statement and
the expenditure mentioned therein or to a demand for a grant and the law to be made for the
authorisation of appropriation of moneys out of the Consolidated Fund of the Union territory of
Jammu and Kashmir to meet such expenditure or grant.
45. Votes on account.—
(1) Notwithstanding anything in the foregoing provisions of this Part, the
Legislative Assembly shall have power to make any grant in advance in respect of the estimated
expenditure for a part of any financial year pending the completion of the procedure prescribed in
section 42 for the voting of such grant and the passing of the law in accordance with the provisions of
section 43 in relation to that expenditure and the Legislative Assembly shall have power to authorise
by law the withdrawal of moneys from the Consolidated Fund of the Union territory of Jammu and
Kashmir for the purposes for which the said grant is made.
(2) The provisions of sections 42 and 43 shall have effect in relation to the making of any grant
under sub-section
(1) or to any law to be made under that sub-section as they have effect in relation to
the making of a grant with regard to any expenditure mentioned in the annual financial statement and
the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of
the Union territory of Jammu and Kashmir to meet such expenditure.
46. Rules of procedure.—
(1) The Legislative Assembly may make rules for regulating, subject to
the provisions of this Act, its procedure and the conduct of its business:
Provided that the Lieutenant Governor shall, after consultation with the Speaker of the Legislative
Assembly, make rules—
(a) for securing the timely completion of financial business;
(b) for regulating the procedure of, and the conduct of business in, the Legislative Assembly in
relation to any financial matter or to any Bill for the appropriation of moneys out of the
Consolidated Fund of the Union territory of Jammu and Kashmir;
(c) for prohibiting the discussion of, or the asking of questions on, any matter which affects the
discharge of the functions of the Lieutenant Governor in so far as he is required by this Act to act
in his discretion.
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(2) Until rules are made under sub-section
(1), the rules of procedure and standing orders in force
immediately before the commencement of this Act, with respect to the Legislative Assembly of the
existing State of Jammu and Kashmir shall have effect in relation to the Legislative Assembly of the
Union territory of Jammu and Kashmir subject to such modifications and adaptations as may be made
therein by the Speaker of Legislative Assembly.
47. Official language or languages of Union territory of Jammu and Kashmir and language
or languages to be used in Legislative Assembly thereof.—
(1) The Legislative Assembly may by
law adopt any one or more of the languages in use in the Union territory of Jammu and Kashmir or
Hindi as the official language or languages to be used for all or any of the official purposes of the
Union territory of Jammu and Kashmir.
(2) The business in the Legislative Assembly of the Union territory of Jammu and Kashmir shall
be transacted in the official language or languages of the Union territory of Jammu and Kashmir or in
Hindi or in English:
Provided that the Speaker of the Legislative Assembly or person acting as such, as the case may
be, may permit any member who cannot adequately express himself in any of the languages aforesaid
to address the Legislative Assembly in his mother-tongue.
48. Language to be used for Acts, Bills, etc.—Notwithstanding anything contained in section 47,
until Parliament by law otherwise provides, the authoritative texts—
(a) of all Bills to be introduced or amendments thereto to be moved in the Legislative
Assembly,
(b) of all Acts passed by the Legislative Assembly, and
(c) of all orders, rules, regulations and bye-laws issued under any law made by the Legislative
Assembly,
shall be in the English language:
Provided that where the Legislative Assembly has prescribed any language other than the English
language for use in Bills introduced in, or Acts passed by, the Legislative Assembly or in any order,
rule, regulation or bye-law issued under any law made by the Legislative Assembly of the Union
territory of Jammu and Kashmir, a translation of the same in the English language published under the
authority of the Lieutenant Governor in the Official Gazette shall be deemed to be the authoritative
text thereof in the English language.
49. Restriction on discussion in the Legislative Assembly.—No discussion shall take place in the
Legislative Assembly with respect to the conduct of any judge of the Supreme Court or of a High
Court in the discharge of his duties.
50. Courts not to inquire into proceedings of Legislative Assembly.—
(1) The validity of any
proceedings in the Legislative Assembly shall not be called in question on the ground of any alleged
irregularity of procedure.
(2) No officer or member of the Legislative Assembly in whom powers are vested by or under this
Act for regulating procedure or the conduct of business, or for maintaining order in the Legislative
Assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those
powers.
51. Secretariat of the Legislative Assembly.—
(1) The Legislative Assembly shall have a
separate secretariat staff.
(2) The Legislative Assembly may by law regulate the recruitment, and the conditions of service of
persons appointed, to the secretarial staff of the Legislative Assembly.
(3) Until provision is made by the Legislative Assembly under sub-section
(2), the Lieutenant
Governor may, after consultation with the Speaker of the Legislative Assembly make rules regulating
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the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the
Assembly and any rules so made shall have effect subject to the provisions of any law made under the
said sub-section.
52. Power of Lieutenant Governor to promulgate Ordinances during recess of Legislative
Assembly.—If at any time, except when the Legislative Assembly is in session, the Lieutenant
Governor thereof is satisfied that circumstances exist which render it necessary for him to take
immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:
Provided that the power of making an Ordinance under this section shall extend only to those
matters with respect to which the Legislative Assembly has power to make laws.
(2) An Ordinance promulgated under this section shall have the same force and effect as an Act of the
Legislative Assembly assented by the Lieutenant Governor but every such Ordinance—
(a) Shall be laid before the Legislative Assembly and shall cease to operate at the expiration of
six weeks from the re-assembly of the Legislative Assembly, or if before the expiration of that
period a resolution disapproving it is passed by the Legislative Assembly; and
(b) May be withdrawn at any time by the Lieutenant Governor.
Council of Ministers for the Union territory of Jammu and Kashmir
53. Council of Ministers.—
(1) There shall be a Council of Ministers consisting of not more than
ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at
the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to
matters with respect to which the Legislative Assembly has power to make laws except in so far as he
is required by or under this Act to act in his discretion or by or under any law to exercise any judicial
or quasi-judicial functions.
(2) The Lieutenant Governor shall, in the exercise of his functions, act in his discretion in a matter:
(i) which falls outside the purview of the powers conferred on the Legislative Assembly; or
(ii) in which he is required by or under any law to act in his discretion or to exercise any
judicial functions; or
(iii) related to All India Services and Anti Corruption Bureau:
Provided that if any question arises whether any matter is or is not a matter as respects which
the Lieutenant Governor is by or under this Act required to act in his discretion, the decision of the
Lieutenant Governor in his discretion shall be final, and the validity of anything done by the
Lieutenant Governor shall not be called in question on the ground that he ought or ought not to
have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by Ministers to the Lieutenant
Governor shall not be inquired into in any court.
54. Other provisions as to Ministers.—
(1) The Chief Minister shall be appointed by the
Lieutenant Governor and the other Ministers shall be appointed by the Lieutenant Governor on the
advice of the Chief Minister.
(2) The Ministers shall hold office during the pleasure of the Lieutenant Governor.
(3) The Council of Ministers shall be collectively responsible to the Legislative Assembly.
(4) Before a Minister enters upon his office, the Lieutenant Governor shall administer to him the
oaths of office and of secrecy according to the forms set out for the purpose in the Fourth Schedule to
this Act.
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(5) A Minister who for any period of six consecutive months is not a member of the Legislative
Assembly shall at the expiration of that period cease to be a Minister.
(6) The salaries and allowances of Ministers shall be such as the Legislative Assembly may from
time to time by law determine, and until the Legislative Assembly so determines, shall be determined
by the Lieutenant Governor.
55. Conduct of business.—
(1) The Lieutenant Governor shall make rules on the advice of the
Council of Ministers—
(a) for the allocation of business to the Ministers; and
(b) for the more convenient transaction of business with the Ministers including the procedure
to be adopted in case of a difference of opinion between the Lieutenant Governor and the Council
of Ministers or a Minister.
(2) Save as otherwise provided in this Act, all executive action of the Lieutenant Governor,
whether taken on the advice of his Ministers or otherwise, shall be expressed to be taken in the name
of the Lieutenant Governor.
(3) Orders and other instruments made and executed in the name of the Lieutenant Governor, shall
be authenticated in such manner as may be specified in rules to be made by the Lieutenant Governor
on the advice of Council of Ministers, and the validity of an order or instrument which is so
authenticated shall not be called in question on the ground that it is not an order or instrument made or
executed by the Lieutenant Governor.
56. Duties of Chief Minister as respects the furnishing of information to the Lieutenant
Governor, etc.—It shall be the duty of the Chief Minister—
(a) to communicate to the Lieutenant Governor all decisions of the Council of Ministers
relating to the administration of the affairs of the Union territory and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Union territory
and proposals for legislation as Lieutenant Governor may call for.
Legislative Council
57. Abolition of Legislative Council of the State of Jammu and Kashmir.—
(1)
Notwithstanding anything to the contrary contained in any law, document, judgment, ordinance, rule,
regulation or notification, on and from the appointed day, the Legislative Council of the existing State
of Jammu and Kashmir shall stand abolished.
(2) On the abolition of the Legislative Council, every member thereof shall cease to be such
member.
(3) All Bills pending in the Legislative Council immediately before the appointed day shall lapse
on the abolition of the Council.
PART IV
ADMINISTRATION OF UNION TERRITORY OF LADAKH
58. Appointment of Lieutenant Governor of Union territory of Ladakh.—
(1) The Union
territory of Ladakh will be administered by the President acting, to such extent as he thinks fit,
through a Lieutenant Governor to be appointed by him under article 239.
(2) The President may make regulations for the peace, progress and good government of the
Union territory of Ladakh under article 240 of the Constitution of India.
(3) Any regulation so made may repeal or amend any Act made by Parliament or any other law
which is for the time being applicable to the Union territory of Ladakh and, when promulgated by the
President, shall have the same force and effect as an Act of Parliament which applies to the Union
territory of Ladakh.
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(4) The Lieutenant Governor shall be assisted by advisor
(s) to be appointed by the Central
Government.
PART V
DELIMITATION OF CONSTITUENCIES
59. Definitions.—In this Part, unless the context otherwise requires,—
(a) “associate member” means a member associated with the Delimitation Commission under
section 60;
(b) “Delimitation Commission” means the Delimitation Commission to be constituted under
section 3 of the Delimitation Act, 2002 (33 of 2002); and thereafter by any law made by the
Parliament.
(c) “Election Commission” means the Election Commission appointed by the President under
article 324 of the Constitution of India;
(d) “latest census figures” mean the census figures ascertained at the latest census of which
the finally published figures are available;
(e) “Parliamentary Constituency” means a constituency provided by law for the purpose of
elections to the House of the People from Union territory of Jammu and Kashmir and Union
territory of Ladakh.
(f) “Assembly Constituency” means a constituency provided by law for the purpose of
elections to the Legislative Assembly.
60. Delimitation of constituencies.—
(1) Without prejudice to sub-sections
(3) of section 14 of
this Act, the number of seats in the Legislative Assembly of Union territory of Jammu and Kashmir
shall be increased from 107 to 114, and delimitation of the constituencies may be determined by the
Election Commission in the manner hereinafter provided—
(a) the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes in the
Legislative Assembly, having regard to the relevant provisions of the Constitution;
(b) the assembly constituencies into which the Union territory shall be divided, the extent of
each of such constituencies and in which of them seats shall be reserved for the Scheduled Castes
or for the Scheduled Tribes; and
(c) the adjustments in the boundaries and description of the extent of the parliamentary
constituencies in each Union territory that may be necessary or expedient.
(2) In determining the matters referred to in clauses
(b) and
(c) of sub-section
(1), the Election
Commission shall have regard to the following provisions, namely:—
(a) all the constituencies shall be single-member constituencies;
(b) all constituencies shall, as far as practicable, be geographically compact areas, and in
delimiting them, regard shall be had to physical features, existing boundaries of administrative
units, facilities of communication and conveniences to the public; and
(c) constituencies in which seats are reserved for the Scheduled Castes and the Scheduled
Tribes shall, as far as practicable, be located in areas where the proportion of their population to
the total population is the largest.
(3) The Election Commission shall, for the purpose of assisting it in the performance of its
functions under sub-section
(1), associate with itself as associate members, four persons as the Central
Government may by order specify, being persons who are the members of the Legislative Assembly
of the Union territory of Jammu and Kashmir or four members of the House of the People
representing the Union territory of Jammu and Kashmir:
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Provided that none of the associate members shall have a right to vote or to sign any decision of
the Election Commission.
(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be
filled as far as practicable, in accordance with the provisions of sub-section
(3).
(5) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies together with the dissenting
proposals, if any, of any associate member who desires publication thereof in the Official Gazette
and in such other manner as the Commission may consider fit, together with a notice inviting
objections and suggestions in relation to the proposals and specifying a date on or after which the
proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date
so specified; and
(c) after considering all objections and suggestions which may have been received by it before
the date so specified, determine by one or more orders the delimitation of constituencies and cause
such order or orders to be published in the Official Gazette, and there upon such publication, the
order or orders shall have the full force of law and shall not be called in question in any court.
(6) As soon as may be after such publication, every such order relating to assembly constituencies
shall be laid before the Legislative Assembly of the Union territory of Jammu and Kashmir.
61. Power of Election Commission to maintain Delimitation Orders up-to-date.—
(1) The
Election Commission may by notification in the Official Gazette,—
(a) correct any printing mistakes in any order made under section 60 or any error arising therein
from inadvertent slip or omission; and
(b) where the boundaries or name of any territorial division mentioned in any such order or
orders is or are altered, make such amendments as appear to it to be necessary or expedient for
bringing such order up-to-date.
(2) Every notification under this section relating to an assembly constituency shall be laid, as soon
as may be after it is issued, before the Legislative Assembly.
62. Special provision as to readjustment of Parliamentary and Assembly Constituencies on
the basis of 2011 census.—
(1) On and from the appointed day, notwithstanding the publication of
orders under sub-section
(1) of section 10 of the Delimitation Act, 2002 (33 of 2002) or anything
contained in sub-section
(2) or sub-section
(4) of the said section, the Delimitation Act, 2002 (33 of
2002) shall be deemed to have been amended as provided below:
(a) in section 2, in clause
(f), the words “but does not include the State of Jammu and Kashmir”
shall be omitted; and
(b) for the purpose of delimitation of Assembly and Parliamentary Constituencies, the words
and figures “census held in the year 2001”, wherever occurring, shall be construed as words and
figures “census held in the year 2011”.
(2) Readjustment of the constituencies as provided under section 60 in the successor Union
territory of Jammu and Kashmir into Assembly Constituencies, shall be carried by the Delimitation
Commission, to be constituted under the Delimitation Act, 2002 (33 of 2002) as amended by this Act,
and shall take effect from such date as the Central Government may, by order, publish in the Official
Gazette, specify.
(3) Readjustment of the constituencies as provided under section 11 in the successor Union
territory of Jammu and Kashmir into Parliamentary Constituencies, shall be carried by the
Delimitation Commission, to be constituted under the Delimitation Act, 2002 (33 of 2002) as
amended by this Act, and shall take effect from such date as the Central Government may, by order,
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publish in the Official Gazette, specify.
63. Special provisions as to readjustment of Assembly and Parliamentary Constituencies.—
Notwithstanding anything contained in sections 59 to 61, until the relevant figures for the first census
taken after the year 2026 have been published, it shall not be necessary to readjust the division of
successor Union territory of Jammu and Kashmir into Assembly and Parliamentary Constituencies
and any reference to the “latest census figures” in this Part shall be construed as a reference to the
2011 census figures.
64. Procedure as to delimitation.—The procedure as provided in the law made by Parliament,
shall apply, in relation to the delimitation of Parliamentary and Assembly constituencies under this
Part as they apply in relation to the delimitation of Parliamentary and Assembly consti
