THE JAMMU AND KASHMIR REORGANISATION (AMENDMENT) BILL, 2023

THE JAMMU AND KASHMIR REORGANISATION ACT, 2019

Amendment of Section 14

 (i) for 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    3    4   5      6      7

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

Section 14. 

(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 (43 of 1950), under the heading :—”II. Union Territories”

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

                              1            2    3    4      5    6     7 ‘

‘3. Jammu and Kashmir 83   6   ….   83    6    …..’’

Insertion of new sections 15A and 15B.

After section 15 of the principal Act, the following sections shall be inserted, namely:— '

15A. Nomination of Kashmiri Migrants.—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. Nomination of displaced persons — 

 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.'.

15. Representation of women.—

Notwithstanding anything in sub-section (3) of section 14 the Lieutenant Governor of the successor Union territory of Jammu and Kashmir may nominate two members to the Legislative Assembly to give representation to women, if in his opinion, women are not adequately represented in the Legislative Assembly.