The gazette notification pertains to the Jammu and Kashmir Reorganisation (Amendment) Act, 2023, which further amends the Jammu and Kashmir Reorganisation Act, 2019.
The Act received the President's assent on December 15, 2023, and is published for general information.
The amendment focuses on changes to the composition of the Jammu and Kashmir Legislative Assembly, including increasing the number of seats and providing for the nomination of members representing Kashmiri Migrants and displaced persons from Pakistan occupied Jammu and Kashmir.
Key Changes
Section 14 of the Jammu and Kashmir Reorganisation Act, 2019 is amended.
The number of seats in the Jammu and Kashmir Legislative Assembly is effectively increased. The amendment modifies sub-section (3) of Section 14, changing the reference from '107' to '114' seats.
Sub-section (10) of Section 14 is substituted to reflect changes in the Second Schedule to the Representation of the People Act, 1950, specifically for Jammu and Kashmir, indicating 90 elected seats and 7 seats for Scheduled Castes and 9 seats for Scheduled Tribes.
New sections 15A and 15B are inserted into the principal Act.
Section 15A allows the Lieutenant Governor of the Union territory of Jammu and Kashmir to nominate up to two members from the Kashmiri Migrant community to the Jammu and Kashmir Legislative Assembly, with at least one being a woman. The term 'Migrant' is defined with reference to the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.
Section 15B allows the Lieutenant Governor of the Union territory of Jammu and Kashmir to nominate one member from displaced persons from Pakistan occupied Jammu and Kashmir to the Jammu and Kashmir Legislative Assembly. The term 'displaced person' is defined as someone displaced during the years 1947-48, 1965 and 1971 due to disturbances.
Impact Analysis
Stakeholders
Election Commission: The Election Commission will need to update electoral rolls and procedures to reflect the changes in the number of constituencies and reserved seats.
Suggested Action Items
Public awareness campaigns should be conducted to inform residents of Jammu and Kashmir about the changes in the Legislative Assembly and their implications.
Key Entities Referenced
Jammu and Kashmir Reorganisation Act, 2019: The principal Act that is being amended by the Jammu and Kashmir Reorganisation (Amendment) Act, 2023. It outlines the reorganization of the former State of Jammu and Kashmir into the Union territories of Jammu and Kashmir and Ladakh.
Jammu and Kashmir Reorganisation (Amendment) Act, 2023: The Act that amends the Jammu and Kashmir Reorganisation Act, 2019, focusing on changes to the composition of the Jammu and Kashmir Legislative Assembly.
Representation of the People Act, 1950: An Act of the Parliament of India that provides for the allocation of seats and the delimitation of constituencies for the purpose of elections to the House of the People and the Legislative Assemblies of States.
Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997: A Jammu and Kashmir Act that deals with the preservation, protection, and restraint on distress sales of immovable property of migrants from the region.
Lieutenant Governor of the Union territory of Jammu and Kashmir: The administrator of the Union territory of Jammu and Kashmir, responsible for nominating members to the Legislative Assembly as per the amendment.
Kashmiri Migrants: Members of the Kashmiri Pandit community who migrated from the Kashmir Valley due to militancy and unrest.
Displaced persons from Pakistan occupied Jammu and Kashmir: Individuals who were displaced from areas of the former State of Jammu and Kashmir now under Pakistani occupation due to disturbances in the years 1947-48, 1965 and 1971.
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—23 REGISTERED NO. DL—(N)04/0007/2003—23
सी.जी.-डीx.एxलx.G-अID.-1H51x2x2x023-250692
CG-DxxLx-EG-1I5D1E22x0x2x3-250692
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] 'kqØokj] fnlEcj 15] 2023@vxzgk;.k 24] 1945 ¼'kd½
No. 43] NEW DELHI, FRIDAY, DECEMBER 15, 2023/AGRAHAYANA 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.
MINISTRY OF LAW 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:—
THE JAMMU AND KASHMIR REORGANISATION (AMENDMENT)
ACT, 2023
NO. 35 OF 2023
[15th 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 (Amendment) Short title, and
Act, 2023. commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]
Amendment 2. In the Jammu and Kashmir Reorganisation Act, 2019 (hereinafter referred to as the 34 of 2019.
of section 14. 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
Reorganisation (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 43 of 1950.
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".'.
Insertion of 3. After section 15 of the principal Act, the following sections shall be inserted,
new sections namely:—
15A and 15B.
Nomination '15A. Notwithstanding anything contained in sub-section (3) of section 14, the
of Kashmiri Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate not
Migrants. 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. Jammu and
Kashmir Act
XVI of 1997.
Nomination 15B. Notwithstanding anything contained in sub-section (3) of section 14, the
of displaced Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate one
persons.
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. RAHATE,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—474GI—15-12-2023.