The Central Laws (Extension to Jammu and Kashmir) Act, 1968

THE CENTRAL LAWS (EXTENSION TO JAMMU AND KASHMIR) ACT, 1968

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THE CENTRAL LAWS (EXTENSION TO JAMMU AND KASHMIR) ACT, 1968 _________ 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 CENTRAL LAWS (EXTENSION TO JAMMU AND KASHMIR) ACT, 1968

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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 CENTRAL LAWS (EXTENSION TO JAMMU AND KASHMIR) ACT, 1968 ACT NO. 25 OF 1968 [24th May, 1968.] An Act to provide for the extension of certain Central Laws to the State of Jammu and Kashmir. Short title and commencement.—(1) This Act may be called the Central Laws (Extension to Jammu and Kashmir) Act, 1968. Extension and amendment of certain laws.—(1) The Acts mentioned in the Schedule and all rules, orders and regulations made thereunder are hereby extended to, and shall be in force in the State of Jammu and Kashmir*. (2) With effect from the commencement of this Act, the Acts 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 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. Powers to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of

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Section 6 — Powers to remove difficulties

Powers to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of any Act 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 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 other 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 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 9 — Omit sub-sections (2) and (4)

Section 28 — Omit sub-sections (2), (3), (4) and (5)

Section 29 — In sub-section (1),

THE SCHEDULE (See section 2) ACTS THE OFFICIAL TRUSTEES ACT, 1913 (2 OF 1913) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. THE MOTOR VEHICLES ACT, 1939 (4 OF 1939) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. Section 9.—Omit sub-sections (2) and (4). Section 28.—Omit sub-sections (2), (3), (4) and (5). Section 29.—In sub-section (1),— (a) in clause (a) omit “or”; (b) Omit clause (b). The Sixth Schedule.—In the first and second columns, after “West Bengal” and the entry relating thereto in the second column, insert “Jammu and Kashmir” and “J & K” respectively.

(ii) omit “or by the Master of Faculties in England”;

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Section 620C — Special provision as to companies in Jammu and Kashmir

(ii) omit “or by the Master of Faculties in England”; (iii) for “any part of India”, substitute— “any part of India: Provided further that in relation to the state of Jammu and Kashmir* the said period of two years shall be computed from the date on which this Act comes into force in that State;”. THE ESSENTIAL COMMODITIES ACT, 1955 (10 OF 1955) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. THE COMPANIES ACT, 1956 (1 OF 1956) Section 1.—In sub-section (3),— (a) omit first proviso; (b) in the second proviso, omit “further”. THE COST AND WORKS ACCOUNTANTS ACT, 1959 (23 OF 1959) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. THE APPRENTICES ACT, 1961 (52 OF 1961) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. THE ADMINISTRATORS-GENERAL ACT, 1963 (45 OF 1963) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”.

(b) after sub-section (2), insert—

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Section 37 — (a) In clause (a), for “to which this Act extends”, substitute “in India”; (b) Omit “or in the State of Jammu and Kashmir*”

Section 56 — For “the territories to which this Act extends” and for “the said territories”, substitute “India”

(b) after sub-section (2), insert— “(3) Any probate or letters of administration granted by the High Court for the State of Jammu and Kashmir* before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 shall, after such commencement, be as effective as if such probate or letters of administration has been granted under this section.”. Section 37.—(a) In clause (a), for “to which this Act extends”, substitute “in India”; (b) Omit “or in the State of Jammu and Kashmir*”. Section 56.—For “the territories to which this Act extends” and for “the said territories”, substitute “India”. *. 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.