After decades on struggle, the central government, on August 5th 2019, finally abolished Article 370 of the Indian constitution and withdraw the special status given to the state of Jammu & Kashmir. This remarkable step has been taken with the primary vision of integrating the state of J&K with the rest of the country and to create a sense of one nation among the citizens of India. Prevailing internal security situation due to cross-border terrorism in Jammu & Kashmir, also escalated the action of the government.
On the day of abrogation of Article 370, the ministry of home affairs simultaneously introduced the Jammu and Kashmir Reorganisation bill, 2019, in order to re-organize the state Jammu & Kashmir by bifurcating it into two separate union territories i.e. Jammu & Kashmir (with legislature) and Ladakh (without legislature) administered by the president through an administrator appointed by him known as the lieutenant governor. After receiving president’s assent “The Jammu and Kashmir Reorganisation Act, 2019”, came into force with effect from Oct. 31st, 2019.
Section 95 is read with Schedule 5. The Schedule under this act also specifies 106 central laws that will be made applicable to Union Territories of Jammu and Kashmir and Ladakh on a date notified by the central government. Further, it repeals 153 state laws of Jammu and Kashmir. In addition, 166 state laws will remain in force, and seven laws will be applicable with amendments. These amendments include lifting of prohibitions on lease of land to persons who are not permanent residents of Jammu and Kashmir.
Part XIV – Section 95: Territorial extent of laws
- All Central laws in Table-1 of the Fifth Schedule to this Act, on and from the appointed day, shall apply in the manner as provided therein, to the Union territory of Jammu and Kashmir and Union territory of Ladakh.
- All other laws in Fifth Schedule, applicable to existing State of Jammu and Kashmir immediately before the appointed day, shall apply in the manner as provided therein, to the Union territory of Jammu and Kashmir and Union territory of Ladakh.
The Fifth Schedule
TABLE – 1
CENTRAL LAWS MADE APPLICABLE TO THE UNION TERRITORY OF JAMMU AND KASHMIR; AND UNION TERRITORY OF LADAKH
List of all the central laws/acts applicable to the union territory of Jammu and Kashmir and the union territory of Ladakh are as follows-
| S.No. | Name of the Act | Section/Amendments | |
| 1 | The Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 2 | The Administrative Tribunal Act, 1985. | Clause (b) of sub-section (2) of section 1 shall be Omitted. | |
| 3 | The Anand Marriage Act, 1909. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 4 | The Arbitration and Conciliation Act, 1996. | Proviso to sub-section (2) of section 1 shall be omitted. | |
| 5 | The Prohibition of Benami Property Transactions Act, 1988. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 6 | The Charitable Endowment Act, 1890. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 7 | The Chit Funds Act, 1982. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 8 | The Code of Civil Procedure, 1908. | Clause (a) of sub-section (3) of section 1 shall be omitted. | |
| 9 | The Code of Criminal Procedure, 1973. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 10 | The Commercial Courts Act, 2015. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 11 | The Commissions for Protection of Child Rights Act, 2006. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 12 | The Commissions of Inquiry Act, 1952. | Proviso to sub-section (2) of section 1 shall be omitted. | |
| 13 | The Consumer Protection Act, 1986. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 14 | The Contempt of Courts Act, 1971. | Proviso to sub-section (2) of section 1 shall be omitted. | |
| 15 | The Delimitation Act, 2002. | As amended by this Act. | |
| 16 | The Dissolution of Muslim Marriages Act, 1939. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 17 | The Disturbed Areas (Special Courts) Act, 1976. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 18 | The Dowry Prohibition Act, 1961. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 19 | The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 20 | The Easements Act, 1891. | Extended as whole. | |
| 21 | The Electricity Act, 2003. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 22 | The Employees Provident Funds and Miscellaneous Provisions Act, 1952. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 23 | The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. | Extended as whole. | |
| 24 | The Enemy Property Act, 1968. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 25 | The Energy Conservation Act, 2001. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 26 | The Family Courts Act, 1984. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 27 | The Fatal Accidents Act, 1855. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 28 | The Forest (Conservation) Act, 1980. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 29 | The General Clauses Act, 1897 | Extended as whole. | |
| 30 | The Governors (Emoluments, Allowances and Privileges) Act, 1982. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 31 | The Gram Nyayalayas Act, 2009. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 32 | The Guardians and Wards Act, 1890. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 33 | The Hindu Adoptions and Maintenance Act, 1956. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 34 | The Hindu Disposition of Property Act, 1916. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 35 | The Hindu Marriage Act, 1955. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 36 | The Hindu Minority and Guardianship Act, 1956. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 37 | The Hindu Succession Act, 1956. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 38 | The Identification of Prisoners Act, 1920. | Extended as whole. | |
| 39 | The Indecent Representation of Women (Prohibition) Act, 1986. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 40 | The Indian Boilers Act, 1923. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 41 | The Indian Christian Marriage Act, 1872. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 42 | The Indian Contract Act, 1872. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 43 | The Indian Easements Act, 1882. | Extended as whole. | |
| 44 | The Indian Evidence Act, 1872. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 45 | The Indian Forest Act, 1927. | Extended as whole. | |
| 46 | The Indian Nursing Council Act, 1947. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 47 | The Indian Partnership Act, 1932. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 48 | The Indian Penal Code, 1860. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 49 | The Indian Stamp Act, 1899. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 50 | The Indian Succession Act, 1925. | Extended as whole. | |
| 51 | The Indian Trusts Act, 1882. | In section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 52 | The Indian Veterinary Council Act, 1984. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 53 | The Judges Protection Act, 1985. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 54 | The Judicial Officers (Protection) Act, 1850. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 55 | The Juvenile Justice (Care and Protection of Children) Act, 2015. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 56 | The Legal Services Authorities Act, 1987. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 57 | The Limitation Act, 1963. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 58 | The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 59 | The Majority Act, 1875. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 60 | The Medical Termination of Pregnancy Act, 1971. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 61 | The Muslim Personal Law (Shariat) Application Act, 1937. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 62 | The Muslim Women (Protection of Rights on Divorce) Act, 1986. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 63 | The National Commission for Minorities Act, 1992. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 64 | The National Commission for Minority Educational Institutions Act, 2004. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 65 | The National Commission for Safai Karamcharis Act, 1993. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 66 | The National Commission for Women Act, 1990 | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 67 | The National Council for Teacher Education Act, 1993. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 67-A | The National Security Act, 1980. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 68 | The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 69 | The Oaths Act, 1969. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 70 | The Partition Act, 1893. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 71 | The Pharmacy Act, 1948. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 72 | The Powers-of-Attorney Act, 1882. | In section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 73 | The Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 74 | The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 75 | The Prevention of Corruption Act, 1988. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 76 | The Prevention of Cruelty to Animals Act, 1960 | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 77 | The Prevention of Damage to Public Property Act, 1984. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 78 | The Prisoners Act, 1900. | Extended as whole. | |
| 79 | The Prisons Act, 1894. | Extended as whole. | |
| 80 | The Private Security Agencies (Regulation) Act, 2005. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 81 | The Prize Chits and Money Circulation Scheme (Banning) Act, 1978. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 82 | The Probation of Offenders Act, 1958. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 83 | The Prohibition of Child Marriage Act, 2006. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 84 | The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 85 | The Protection of Children From Sexual Offences Act, 2012. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 86 | The Protection of Human Rights Act, 1993. | Proviso to sub-section (2) of section 1 shall be omitted. | |
| 87 | The Protection of Women from Domestic Violence Act, 2005. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 88 | The Public Gambling Act, 1867. | Extended as whole. | |
| 89 | The Public Records Act, 1993. | Extended as whole. | |
| 90 | The Registration Act, 1908. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 91 | The Religious Endowments Act, 1863. | Extended as whole. | |
| 92 | The Religious Institutions (Prevention of Misuse) Act, 1988. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 93 | The Right of Children to Free and Compulsory Education Act, 2009. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 94 | The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 94A. | The Representation of People Act, 1951. | In Section (2), (i) In sub-section (1) in clause (d), the words “other than the State of Jammu and Kashmir” shall be omitted; and (ii) Sub-section (5) shall be omitted. | |
| 95 | The Right to Information Act, 2005. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 96 | The Sale of Goods Act, 1930. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 97 | The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2007. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 98 | The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 99 | The Special Marriage Act, 1954. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 100 | The Specific Relief Act, 1963. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 101 | The Suits Valuation Act, 1887. | Extended as whole. | |
| 102 | The Transfer of Property Act, 1882. | Extended as whole. | |
| 103 | The Transplantation of Human Organs and Tissues Act, 1994. | Extended as whole. | |
| 104 | The Wakf Act, 1995. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 105. | The Whistle Blowers Protection Act, 2014. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
| 106. | The Wild Life (Protection) Act, 1972. | In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir” shall be omitted. | |
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