The Jammu and Kashmir (Extension of Laws) Act, 1956

THE JAMMU AND KASHMIR (EXTENSION OF LAWS) ACT, 1956

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THE JAMMU AND KASHMIR (EXTENSION OF LAWS) ACT, 1956 ___________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Extension and amendment of certain laws. Construction of references to laws not in force in Jammu and Kashmir. Construction of references to authorities where new authorities have been constituted.

THE JAMMU AND KASHMIR (EXTENSION OF LAWS) ACT, 1956

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Section 1 — Short title and commencement

Section 2 — Extension and amendment of certain laws

Section 3 — Construction of references to laws not in force in Jammu and Kashmir

Section 4 — Construction of references to authorities where new authorities have been constituted

Section 5 — Repeals and savings

THE JAMMU AND KASHMIR (EXTENSION OF LAWS) ACT, 1956 ACT NO. 62 OF 1956 [25th September, 1956.] An Act to provide for the extension of certain laws to the State of Jammu and Kashmir. Short title and commencement.—(1) This Act may be called the Jammu and Kashmir (Extension of Laws) Act, 1956. Extension and amendment of certain laws.—(1) The Acts and Ordinance mentioned in the Schedule and all rules, orders and regulations made there under are hereby extended to, and shall be in force, in the State of Jammu and Kashmir*. (2) With effect from the commencement of this Acts the Act and Ordinance mentioned in the Schedule shall be amended as specified therein. Construction of references to laws not in force in Jammu and Kashmir.—Any reference in any Act or in the Ordinance mentioned in the Schedule to a law which is not in force in the State of Jammu and Kashmir* shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State. Construction of references to authorities where new authorities have been constituted.—Any reference by whatever form of words in any law for the time being in force in the State of Jammu and Kashmir* to any authority competent at the date of the passing of that law to exercise any powers or discharge any functions in that State shall, where a corresponding new authority has been constituted by or under any law now extended to that State, have effect as if it were a reference to the new authority.

6. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of any

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Section 6 — Power to remove difficulties

Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of any Act or Ordinance now extended to the State of Jammu and Kashmir*, the Central Government may, by order notified in the Official Gazette, make such provisions or give such directions as appear to it necessary for the removal of the difficulty. (2) In particular, and without prejudice to the generality of the foregoing power, any such notified order may,— (a) specify the corresponding authorities within the meaning of section 4, (b) provide for the transfer of any matter pending immediately before the commencement of this Act before any court, tribunal or other authority, to any corresponding court, tribunal or authority for disposal, (c) specify the areas or circumstances in which, or the extent to which, or the conditions subject to which, anything done or any action taken (including any of the matters specified in the second proviso to section 5) under any law repealed by that section shall be recognised or given effect to under the corresponding provision of the Act or Ordinance now extended. *. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.

THE SCHEDULE

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Section 137 — Omit “or the State of Jammu and Kashmir*”

THE SCHEDULE (See section 2) ACTS The Opium Act, 1857 (13 of 1857) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. The Government Savings Banks Act, 1873 (5 of 1873) Section 1.—Omit “except the State of Jammu and Kashmir*”. The Negotiable Instruments Act, 1881 (26 of 1881) Section 1.—Omit “except the State of Jammu and Kashmir*”. Section 3.—Omit the definition of “India”. Section 137.—Omit “or the State of Jammu and Kashmir*”. The Police Act, 1888 (3 of 1888) Section 1.—For sub-section (2), substitute— “(2) It extends to the whole of India.” The Indian Merchandise Marks Act, 1889 (4 of 1889) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”.

Section 80.—(a) In the opening paragraph of sub-section (1), for the portion beginning with the words

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Section 80 — (a) In the opening paragraph of sub-section (1), for the portion beginning with the words “If immediately” and ending with the words “to which this Act extends”, substitute

Section 80.—(a) In the opening paragraph of sub-section (1), for the portion beginning with the words “If immediately” and ending with the words “to which this Act extends”, substitute— “If immediately before— (i) the 18th day of April, 1950, in relation to any Part B State other than the State of Jammu and Kashmir*, and (ii) the date of commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956, in relation to the State of Jammu and Kashmir*, there was in force in the Part B State concerned”. (b) In sub-section (2), after “Part B States (Laws) Act, 1951,”, (3 of 1951), insert “or section 5 of the Jammu and Kashmir (Extension of Laws) Act, 1956,”. The Destructive Insects and Pests Act, 1914 (2 of 1914) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. The Indian Copyright Act, 1914 (3 of 1914) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. The Indian Cotton Cess Act, 1923 (14 of 1923) Section 1.—For sub-section (2), substitute— “(2) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which the provisions of this Act relate to the levy and collection of the cess specified therein.”. Section 3.—(a) In sub-section (1), for “the territories to which this Act extends”, and “the said territories”, substitute “India”. (b) In sub-section (2), for “the territories to which this Act extends”, substitute “India”. The Indian Soldiers (Litigation) Act, 1925 (4 of 1925) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”.

The Indian Lac Cess Act, 1930

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The Indian Lac Cess Act, 1930 (24 of 1930) Section 1.—For sub-section (2), substitute— “(2) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which the provisions of this Act relate to the levy and collection of the cess specified therein.”. The Reserve Bank of India Act, 1934 (2 of 1934) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. Certain bank notes to cease to be legal tender.—Notwithstanding anything contained in section 26, no bank note of the denominational value of five hundred rupees, one thousand rupees or ten thousand rupees issued before the 13th day of January, 1946, shall be legal tender in payment or on account for the amount expressed therein.”. The Petroleum Act, 1934 (30 of 1934) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. Section 2.—For clause (d), substitute— “(d) ‘to transport petroleum’ means to move petroleum from one place to another in India;”. The Agricultural Produce Cess Act, 1940 (27 of 1940) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”.

Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which

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Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which the provisions of this Act relate to the levy and collection of the duty of excise specified therein.”. The Indian Oilseeds Committee Act, 1946 (9 of 1946) Section 1.—For sub-section (2), substitute— “(2) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which the provisions of this Act relate to the levy and collection of the duty of excise and the duty of customs specified therein.”. Section 3.—In sub-section (1),— (a) for “the territories to which this Act extends”, substitute “India”; (b) for “the said territories” occurring in two places, substitute “India”; The Delhi Special Police Establishment Act, 1946 (25 of 1946) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. The Antiquities (Export Control) Act, 1947 (31 of 1947) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. The Atomic Energy Act, 1948 (29 of 1948) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”.

The Emblems and Names (Prevention of Improper Use) Act, 1950

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The Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. The Public Premises (Eviction) Act, 1950 (27 of 1950) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. Section 2.—For clause (b), substitute— 1 “(b) ‘[public premises]’ means,— (i) in relation to the State of Jammu and Kashmir*, any premises 2*** belonging to, or taken on lease by or on behalf of the Central Government, or acquired or requisitioned on behalf of the Central Government by the State Government; and 2 (ii) in relation to the rest of India, any premises *** belonging to, or taken on lease or requisitioned by, the Central Government or requistioned by the competent authority under the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952), and, in relation to the 2 3 State of Delhi, includes also any premises *** [vested in the Delhi Improvement Trust or a local authority in that territory, whether such premises are in the possession of, or have been leased out by, the Trust or local authority, as the case may be];”. The State Financial Corporations Act, 1951 (63 of 1951) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. The State Armed Police Forces (Extension of Laws) Act, 1952 (63 of 1952) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. The Khadi and other Handloom Industries Development (Additional Excise Duty on Cloth) Act, 1953 (12 of 1953) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”.

The Companies Act, 1956

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Section 226 — In clause (a) of sub-section (2), before “entitling him to act”, insert “or of the Jammu and Kashmir (Extension of Laws) Act, 1956, as the case may be,”

Section 558 — In sub-section (1), omit the Explanation

Section 565 — In sub-section (3), omit “or in the State of Jammu and Kashmir*”

The Companies Act, 1956 (1 of 1956) Section 1.—For sub-section (3), substitute— “(3) It extends to the whole of India: Provided that it shall not apply to the State of Jammu and Kashmir* except to the extent to which the provisions of this Act relate to the incorporation, regulation and winding up of banking, insurance and financial corporations.” Section 2.—Omit clause (20). Section 3.—In sub-section (1), for sub-clause (f) of clause (ii), substitute— “(f) Any law corresponding to any of the Acts or the Ordinance aforesaid and in force— (1) in the merged territories or in a Part B State (other than the State of Jammu and Kashmir*), or any part thereof, before the extension thereto of the Indian Companies Act, 1913 (7 of 1913); or (2) in the State of Jammu and Kashmir*, or any part thereof, before the commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956;”. In sub-section (2), omit clause (b). Section 226.—In clause (a) of sub-section (2), before “entitling him to act”, insert “or of the Jammu and Kashmir (Extension of Laws) Act, 1956, as the case may be,”. Section 558.—In sub-section (1), omit the Explanation. Section 565.—In sub-section (3), omit “or in the State of Jammu and Kashmir*”.