The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 |The LexSphere Library

SECTION Section 1

Untitled Section

•1

•THE JAMMU AND KASHMIR REORGANISATION (AMENDMENT)

•BILL, 2023

•A

•BILL

•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:—

SECTION Section 10

Untitled Section

7.The representation of the "Kashmiri Migrants" and "Displaced Persons from

•Pakistan occupied Jammu and Kashmir" in Legislative Assembly of the Union territory of

•Jammu and Kashmir shall be given on lines of section 15 of the Act, which provides for the

•representation of women.

SECTION Section 11

Untitled Section

8.Further, on completion of delimitation process, the Delimitation Commission has

•published orders with regard to the delimitation of the Assembly and Parliamentary

•Constituencies of the Union territory of Jammu and Kashmir. As per these orders, the

•number of seats in the Legislative Assembly of the Union territory of Jammu and Kashmir

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•has been increased from 107 to 114 with reservation of nine seats for Scheduled Tribes for

•the first time. Thus, consequential amendments in sub-sections (3) and (10) of section 14

•of the Act is required.

SECTION Section 12

Untitled Section

9.The Act is proposed to be amended with a view to provide representation to

•"Kashmiri Migrants", "Displaced Persons from Pakistan occupied Jammu and Kashmir"

•and Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and

•Kashmir so as to preserve their political rights as well as for their overall social and economic

development.

SECTION Section 13

Untitled Section

10.The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 provides for the

•following, namely:—

(i)to insert new sections 15A and 15B in the Act so as to nominate not more

•than two Members, one of whom shall be a woman, from the community of "Kashmiri

•Migrants" and one Member from "Displaced Persons from Pakistan occupied Jammu

•and Kashmir", to the Legislative Assembly of the Union territory of Jammu and

•Kashmir; and

•(ii) amendments to sub-sections (3) and (10) of section 14 of the Act which are

•of consequential in view of completion of delimitation process in the Union territory

•of Jammu and Kashmir.

SECTION Section 14

Untitled Section

11.The Bill seeks to achieve the above objectives.

•N

•EW DELHI; AMIT SHAH.

•The 17th July, 2023.

•5

•FINANCIAL MEMORANDUM

•The Bill, if enacted, would not involve any financial expenditure either recurring or

•non-recurring from and out of the Consolidated Fund of India.

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•ANNEXURE

•EXTRACT FROM THE JAMMU AND KASHMIR REORGANISA TION ACT, 2019

•(34 OF 2019)

•* * * * *

SECTION Section 15

Untitled Section

14.(1)* * * * *

(3)The total number of seats in the Legislative Assembly of the Union territory of

•Jammu and Kashmir to be filled by persons chosen by direct election shall be 107.

•* * * * *

(10)In the Second Schedule to the Representation of the People Act,1950, under the

•heading:—"II. Union Territories"

(a)after entry 2, the following entries shall be inserted, namely:—

•1 2 34567

•"3. Jammu and Kashmir 83 6 …. 83 6 …."

•* * * * *

•Legislative

•Assembly for

•the Union

•Territory of

•Jammu and

•Kashmir and

•its

composition.43 of 1950.

•LOK SABHA

•————

•A

•BILL

•further to amend the Jammu and Kashmir Reorganisation Act, 2019.

•————

•(Shri Amit Shah, Minister of Home Affairs and Cooperation)

•MGIPMRND—152LS(S3)—20-07-2023.

SECTION Section 2

Untitled Section

1.(1) This Act may be called the Jammu and Kashmir Reorganisation (Amendment)

•Act, 2023.

(2)It shall come into force on such date as the Central Government may, by notification

•in the Official Gazette, appoint.

•Short title and

commencement.

•AS INTRODUCED IN LOK SABHA

•Bill No. 100 of 2023

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•2

SECTION Section 3

Untitled Section

2.In the Jammu and Kashmir Reorganisation Act, 2019 (hereinafter referred to as the

•principal Act), in section 14,—

(i)in sub-section (3), the following proviso shall be inserted, namely:—

•'Provided that subject to the provisons of sub-section (1) of section 60, on

•and from the date of commencement of the Jammu and Kashmir Reorganisation

•(Amendment) Act, 2023, the provisons 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

•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 34 567

•"3. Jammu and Kashmir 90 7 9 90 7 9".'.

SECTION Section 4

Untitled Section

3.After section 15 of the principal Act, the following sections shall be inserted,

•namely:—

•'15A. Notwithstanding anything contained in sub-section (3) of section 14, the

•Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate not

•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.

15B.Notwithstanding anything contained in sub-section (3) of section 14, the

•Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate one

•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.'.

•Amendment

•of section 14.

•Insertion of

•new sections

•15A and 15B.

•Nomination

•of Kashmiri

Migrants.

•Nomination

•of displaced

persons.

•Jammu and

•Kashmir Act

•XVI of 1997.

•34 of 2019.

•43 of 1950.

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•10

•15

•20

•25

•30

•35

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•STA TEMENT OF OBJECTS AND REASONS

•The Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) (the Act) was enacted

•with a view to provide for the reorganisation of the State of Jammu and Kashmir and for

•matters connected therewith or incidental thereto.

SECTION Section 5

Untitled Section

2.At the time of the militancy in the erstwhile State of Jammu and Kashmir in the late

•eighties, particularly in Kashmir (Division) in 1989-90, a large number of people migrated

•from their ancestral places of residence, in Kashmir province particularly the Kashmiri

•Hindus and Pandits alongwith few families belonging to Sikh and Muslim communities.

•Initially all the migrants were moved to Jammu. Later on, some migrants chose to go to other

•parts of the country, namely Delhi, Bengaluru and Pune. As per the data available with

•Government of Jammu and Kashmir, there are currently forty-six thousand five hundred and

•seventeen families having one lakh fifty-eight thousand nine hundred and seventy-six

•persons registered with the Relief Organisation of the Government of Jammu and Kashmir

•who have got registered over a period of last three decades.

SECTION Section 6

Untitled Section

3.In the wake of the 1947 Pakistani aggression in Jammu and Kashmir, thirty-one

•thousand seven hundred and seventy-nine families migrated from Pakistan occupied areas

•of Jammu and Kashmir to the erstwhile State of Jammu and Kashmir. Of these, twenty-six

•thousand three hundred and nineteen families settled in the erstwhile State of Jammu and

•Kashmir and remaining five thousand four hundred and sixty families moved out of the

•Jammu and Kashmir to other parts of the country. Further, during the Indo-Pak wars of 1965

•and 1971, ten thousand and sixty-five more families were displaced from Chhamb Niabat

area.Of these, three thousand and five hundred families were displaced during the 1965 war

•and six thousand five hundred and sixty-five families were displaced during the 1971 war.

•As such, a total of forty-one thousand eight hundred and forty-four families were displaced

•during 1947-48, 1965 and 1971 Indo-Pak wars.

SECTION Section 7

Untitled Section

4.The Delimitation Commission, while undertaking the delimitation process of

•Assembly and Parliamentary Constituencies in the Union territory of Jammu and Kashmir,

•received many representations from the "Kashmiri Migrants" and also "Displaced Persons

•from Pakistan occupied Jammu and Kashmir" regarding reservation of seats in the Legislative

•Assembly of the Union territory of Jammu and Kashmir to preserve their political rights and

identity.

SECTION Section 8

Untitled Section

5.The Delimitation Commission, after considering the matter in depth recommended

•for representation of communities of "Kashmiri Migrants" and "Displaced Persons from

•Pakistan occupied Jammu and Kashmir" in the Legislative Assembly of the Union territory

•of Jammu and Kashmir by way of nomination.

SECTION Section 9

Untitled Section

6.As per sub-section (4) of section 14 of the Act, twenty-four seats in the Legislative

•Assembly of the Union territory of Jammu and Kashmir have been reserved for the people

•residing in the area of the Union territory of Jammu and Kashmir under illegal occupation of

Pakistan.The said seats shall remain vacant until the area under the occupation of Pakistan

•ceases to be so occupied and the people residing in that area elect their representatives.