The Council of States
8. Amendment of Fourth Schedule to Constitution. —On and from the appointed day, in the
Fourth Schedule to the Constitution, in the Table,—
(a) entry 21 shall be deleted;
(b) entries 22 to 31 shall be renumbered as entries 21 to 30, respectively;
(c) after entry 30, the following entry shall be inserted, namely:—
“31. Jammu and Kashmir ..................................................4”.
9. Allocation of sitting members. — (1) On and from the appointed day, four sitting members of
the Council of States representing the existing State of Jammu and Kashmir shall be deemed to have
been elected to fill the seats allotted to the Union territory of Jammu and Kashmir, as specified in the First
Schedule to this Act.
(2) The term of office of such sitting members shall remain unaltered.
The House of the People
10. Representation in House of the People.—On and from the appointed day, there shall be
allocated five seats to the successor Union territory of Jammu and Kashmir and one seat to Union
territory of Ladakh, in the House of the People, and the First Schedule to the Representation of the
People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly.
11. Delimitation of Parliamentary Constituencies order, 1976.—(1) On and from the appointed
day, the Delimitation of Parliamentary Constituencies Order, 1976 shall stand amended as directed in the
Second Schedule of this Act.
(2) The Election Commission may conduct the elections to the House of the People for the Union
territory of Jammu and Kashmir and Union territory of Ladakh as per the allocation of seats specified
in the Delimitation of Parliamentary Constituencies Order, 1976 as amended by this Act.
12. Provision as to sitting members.—(1) Every sitting member of the House of the People
representing a constituency which, on the appointed day by virtue of the provisions of section 10,
stands allotted, with or without alteration of boundaries, to the successor Union territory of Jammu
and Kashmir or Union territory of Ladakh, as the case may be, shall be deemed to have been elected
to the House of the People by that constituency as so allotted.
(2) The term of office of such sitting members shall remain unaltered.
The Lieutenant Governor and The Legislative Assembly of Union territory of
Jammu and Kashmir
13. Applicability of article 239A of Constitution. —On and from the appointed day, the provisions
contained in article 239A, which are applicable to “Union territory of Puducherry”, shall also apply to
the “Union territory of Jammu and Kashmir”.
14. Legislative Assembly for the Union Territory of Jammu and Kashmir and its
composition.—(1) There shall be an Administrator appointed under article 239 of the Constitution of
India for the Union territory of Jammu and Kashmir and shall be designated as Lieutenant Governor of
the said Union territory.
(2) There shall be a Legislative Assembly for the Union territory of Jammu and Kashmir.
(3) The total number of seats in the Legislative Assembly of the Union territory of Jammu and
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Kashmir to be filled by persons chosen by direct election shall be 107.
(4) Notwithstanding anything contained in sub-section (3), until the area of the Union territory of
Jammu and Kashmir under the occupation of Pakistan ceases to be so occupied and the people
residing in that area elect their representatives—
(a) twenty four seats in the Legislative Assembly of Union territory of Jammu and Kashmir
shall remain vacant and shall not be taken into account for reckoning the total membership of the
Assembly; and
(b) the said area and seats shall be excluded in delimiting the territorial constituencies as
provided under PART V of this Act.
(5) On and from the appointed day, the Delimitation of Assembly Constituencies Order, 1995,
as applicable to Union territory of Jammu and Kashmir, shall stand amended as directed in the Third
Schedule of this Act.
(6) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative
Assembly of the Union territory of Jammu and Kashmir.
(7) The number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the
Legislative Assembly of the Union territory of Jammu and Kashmir under sub-section (6) shall bear,
as nearly as may be, the same proportion to the total number of seats in the Assembly as the
population of the Scheduled Castes in the Union territory of Jammu and Kashmir or of the
Scheduled Tribes in the Union territory of Jammu and Kashmir, in respect of which seats are so
reserved, bears to the total population of the Union territory of Jammu and Kashmir.
Explanation:—In this sub-section, the expression “population” means the population as
ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant
figures have been published shall, until the relevant figures for the first census taken after the year
2026 have been published, be construed as a reference to the 2011 census.
(8) Notwithstanding anything in sub-section (6), the reservation of seats for the Scheduled
Castes or Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and
Kashmir shall cease to have effect on the same date on which the reservation of seats for the
Scheduled Castes or the Scheduled Tribes in the House of the People shall cease to have effect
under article 334 of the Constitution of India.
(9) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under the
heading :— “I. THE STATES:”
“(a) entry 10 shall be deleted”.
“(b) entries 11 to 29 shall be renumbered as 10 to 28”.
(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 …..’’
(11) The provisions of articles 324 to 327 and 329 of the Constitution of India, shall apply in
relation to the Union territory of Jammu and Kashmir, the Legislative Assembly and the members thereof
10
as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof
respectively; and any reference in articles 326 and 329 to “appropriate Legislature” shall be deemed to be a
reference to Parliament.
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.
16. Qualification for membership of Legislative Assembly.— A person shall not be qualified to
be chosen to fill a seat in the Legislative Assembly unless he—
(a) is a citizen of India and makes and subscribes before some person authorised in that
behalf by the Election Commission an oath or affirmation according to the form set out for the
purpose in the Fourth Schedule of this Act;
(b) is not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any
law made by the Parliament.
17. Duration of Legislative Assembly.—The Legislative Assembly, unless sooner dissolved, shall
continue for five years from the date appointed for its first meeting and no longer, and the expiration of
the said period of five years shall operate as a dissolution of the Legislative Assembly:
Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of
article 352 is in operation, be extended by the President by order for a period not exceeding one year at a
time and not extending in any case beyond a period of six months after the Proclamation has ceased to
operate.
18. Sessions of Legislative Assembly, prorogation and dissolution.—(1) The Lieutenant
Governor shall, from time to time, summon the Legislative Assembly to meet at such time and place as
he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for
its first sitting in the next session.
(2) The Lieutenant Governor may, from time to time,—
(a) prorogue the House;
(b) dissolve the Legislative Assembly.
19. Speaker and Deputy Speaker of Legislative Assembly. — (1) The Legislative Assembly
shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy
Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly
shall choose another member to be Speaker or Deputy Speaker, as the case may be.
(2) A member holding office as Speaker or Deputy Speaker of the Assembly—
(a) shall vacate his office if he ceases to be a member of the Assembly;
(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the
Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office;
(c) may be removed from his office by a resolution of the Assembly passed by a majority of all the
then members of the Assembly:
Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen
days’ notice has been given of the intention to move the resolution:
Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office
until immediately before the first meeting of the Assembly after the dissolution.
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(3) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy
Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Legislative
Assembly as may be determined by the rules of procedure of the Assembly.
(4) During the absence of the Speaker from any sitting of the Legislative Assembly, the Deputy
Speaker, or, if he is also absent, such person as may be determined by the rules of procedure of the
Assembly, or, if no such person is present, such other person as may be determined by the Legislative
Assembly, shall act as Speaker.
(5) There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, such
salaries and allowances as may respectively be fixed by the Legislative Assembly of the Union
territory of Jammu and Kashmir by law and, until provision in that behalf is so made, such salaries
and allowances as the Lieutenant Governor may, by order determine.
20. Speaker or Deputy Speaker not to preside while a resolution for his removal from office
is under consideration.— (1) At any sitting of the Legislative Assembly, while any resolution for the
removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for
the removal of the Deputy Speaker, from his office is under consideration, the Deputy Speaker, shall
not, though he is present, preside, and the provisions of sub-section (4) of section 19 shall apply in
relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the
case may be, the Deputy Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of,
the Legislative Assembly while any resolution for his removal from office is under consideration in
the Assembly and shall, notwithstanding anything in section 25, be entitled to vote only in the first
instance on such resolution or on any other matter during such proceedings but not in the case of an
equality of votes.
21. Special address by Lieutenant Governor to Legislative Assembly.—(1) At the
commencement of the first session after each general election to the Legislative Assembly and at the
commencement of the first session of each year, the Lieutenant Governor shall address the Legislative
Assembly, and shall inform the Legislative Assembly of the causes of its summons.
(2) Provision shall be made by the rules regulating the procedure of the Legislative Assembly for
the allotment of time for the discussion of matters referred to in such address.
22. Rights of Ministers and Advocate General as respects Legislative Assembly.—Every
Minister and the Advocate-General for the Union territory of Jammu and Kashmir shall have the right
to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly, and to speak
in, and otherwise to take part in the proceedings of, any committee of the Legislative Assembly of
which he may be named a member, but shall not by virtue of this section be entitled to vote.
23. Rights of Lieutenant Governor to address and send messages to the Legislative Assembly.
—(1) The Lieutenant Governor may address the Legislative Assembly and may for that purpose
require the attendance of members.
(2) The Lieutenant Governor may also send messages to the Legislative Assembly whether with
respect to a Bill then pending in the Legislative Assembly or otherwise, and when a message so sent,
the Legislative Assembly shall with all convenient despatch consider any matter required by the
message to be taken into consideration.
24. Oath or affirmation by members.—Every member of the Legislative Assembly shall, before
taking his seat, make and subscribe before the Lieutenant Governor of the said Union territory, or
some person appointed in that behalf by him, an oath or affirmation according to the form set out for
the purpose in the Fourth Schedule of this Act.
25. Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum.
—(1) Save as otherwise provided in this Act, all questions at any sitting of the Legislative Assembly
shall be determined by a majority of votes of the members present and voting, other than the Speaker
or person acting as such.
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(2) The Speaker, or person acting as such, shall not vote in the first instance, but shall have and
exercise a casting vote in the case of an equality of votes.
(3) The Legislative Assembly shall have power to act notwithstanding any vacancy in the
membership thereof, and any proceedings in the Legislative Assembly shall be valid notwithstanding
that it is discovered subsequently that some person who was not entitled so to do, sat or voted or
otherwise took part in the proceedings.
(4) The quorum to constitute a meeting of the Legislative Assembly shall be ten members or onetenth of the total number of members of the Legislative Assembly, which ever is greater.
(5) If at any time during a meeting of the Legislative Assembly there is no quorum, it shall be the
duty of the Speaker, or person acting as such, either to adjourn the Legislative Assembly or to suspend
the meeting until there is a quorum.
26. Vacation of seats.—(1) No person shall be a member both of Parliament and of the Legislative
Assembly, and if a person is chosen a member both of Parliament and of such Assembly, then, at the
expiration of such period as may be specified in the rules made by the President, that person's seat in
Parliament shall become vacant, unless he has previously resigned his seat in the Legislative
Assembly of the said Union territory.
(2) If a member of the Legislative Assembly—
(a) becomes subject to any of disqualification mentioned in section 27 or section 28 for
membership of the Legislative Assembly; or
(b) resigns his seat by writing under his hand addressed to the Speaker, and his resignation is
accepted by the Speaker, his seat shall thereupon become vacant.
(3) If for a period of sixty days a member of the Legislative Assembly is without permission of the
Assembly absent from all meetings thereof, the Assembly may declare his seat vacant:
Provided that in computing the said period of sixty days, no account shall be taken of any
period during which the Assembly is prorogued or is adjourned for more than four consecutive
days.
27. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as,
and for being, a member of the Legislative Assembly—
(a) if he holds any office of profit under the Government of India or the Government of any
State or the Government of Union territory of Jammu and Kashmir or the Government or
administration of any other Union territory or other than an office declared by law made by
Parliament or by the Legislative Assembly not to disqualify its holder; or
(b) if he is for the time being disqualified for being chosen as, and for being, a member of either
House of Parliament under the provisions of sub-clause (b), sub-clause (c) or sub-clause (d) of
clause (1) of article 102 or of any law made in pursuance of that article.
(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under
the Government of India or the Government of any State or the Government of Union territory of
Jammu and Kashmir or the Government of any other Union territory by reason only that he is a
Minister either for the Union or for such State or Union territory.
(3) If any question arises as to whether a member of the Legislative Assembly becomes subject to
any of disqualification under the provisions of sub-sections (1) and (2), the question shall be referred
for the decision of the Lieutenant Governor and his decision shall be final.
(4) Before giving any decision on any such question, the Lieutenant Governor shall obtain the
opinion of the Election Commission and shall act according to such opinion.
28. Disqualification on ground of defection for being a member.—The provisions of the Tenth
Schedule to the Constitution shall, subject to the necessary modifications (including modifications for
13
construing references therein to the Legislative Assembly of a State, article 188, article 194 and article
212 as references, respectively, to the Legislative Assembly of Union territory of Jammu and
Kashmir, as the case may be, section 24, section 30 and section 50 of this Act), apply to and in
relation to the members of the Legislative Assembly of Union territory of Jammu and Kashmir as they
apply to and in relation to the members of the Legislative Assembly of a State, and accordingly,—
(a) the said Tenth Schedule as so modified shall be deemed to form part of this Act; and
(b) a person shall be disqualified for being a member of the Legislative Assembly if he is so
disqualified under the said Tenth Schedule as so modified.
29. Penalty for sitting and voting before making oath or affirmation or when not qualified or
when disqualified.—If a person sits or votes as a member of the Legislative Assembly before he has
complied with the requirements of section 24 or when he knows that he is not qualified or that he is
disqualified for membership thereof, or that he is prohibited from doing so by the provisions of any
law made by Parliament or the Legislative Assembly of the Union territory of Jammu and Kashmir, he
shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to
be recovered as a debt due to the said Union territory.
30. Powers, privileges, etc., of members.—(1) Subject to the provisions of this Act and to the
rules and standing orders regulating the procedure of the Legislative Assembly, there shall be freedom
of speech in the Legislative Assembly.
(2) No member of the Legislative Assembly shall be liable to any proceedings in any court in
respect of anything said or any vote given by him in the Assembly or any committee thereof, and no
person shall be so liable in respect of the publication by or under the authority of such Assembly of
any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of the Legislative Assembly and of the
members and the committees thereof shall be such as are for the time being enjoyed by the House of
the People and its members and committees.
(4) The provisions of sub-sections (1), (2) and (3) shall apply in relation to persons who by virtue
of this Act have the right to speak in, and otherwise to take part in the proceedings of, the Legislative
Assembly or any committee thereof as they apply in relation to members of the Legislative Assembly.
31. Salaries and allowances of members.—Members of the Legislative Assembly shall be
entitled to receive such salaries and allowances as may from time to time be determined by the
Legislative Assembly by law and, until provision in that behalf is so made, such salaries and
allowances as the Lieutenant Governor may, by order determine.
32. Extent of legislative power.—(1) Subject to the provisions of this Act, the Legislative
Assembly may make laws for the whole or any part of the Union territory of Jammu and Kashmir
with respect to any of the matters enumerated in the State List except the subjects mentioned at entries
1 and 2, namely “Public Order” and “Police” respectively or the Concurrent List in the Seventh
Schedule to the Constitution of India in so far as any such matter is applicable in relation to the Union
territories.
(2) Nothing in sub-section (1) shall derogate from the powers conferred on Parliament by the
Constitution to make laws with respect to any matter for the Union territory of Jammu and Kashmir or
any part thereof.
33. Exemption of property of the Union from taxation.—The property of the Union shall, save
in so far as Parliament may by law otherwise provide, be exempted from all taxes imposed by or
under any law made by the Legislative Assembly or by or under any other law in force in the Union
territory of Jammu and Kashmir:
Provided that nothing in this section shall, until Parliament by law otherwise provides, prevent any
authority within the Union territory of Jammu and Kashmir from levying any tax on any property of
the Union to which such property was immediately before the commencement of the Constitution
14
liable or treated as liable, so long as that tax continues to be levied in that Union territory.
34. Restrictions on laws passed by Legislative Assembly with respect to certain matters.—
(1) The provisions of article 286, article 287 and article 288 shall apply in relation to any law passed
by the Legislative Assembly with respect to any of the matters referred to in those articles as they
apply in relation to any law passed by the Legislature of a State with respect to those matters.
(2) The provisions of article 304 shall, with the necessary modifications, apply in relation to any
law passed by the Legislative Assembly with respect to any of the matters referred to in that article as
they apply in relation to any law passed by the Legislature of a State with respect to those matters.
35. Inconsistency between laws made by Parliament and laws made by Legislative
Assembly.—If any provision of a law made by the Legislative Assembly with respect to matters
enumerated in the State List, in the Seventh Schedule to the Constitution is repugnant to any provision
of a law made by Parliament with respect to that matter, whether passed before or after the law made
by the Legislative Assembly, or, if any provision of a law made by the Legislative Assembly with
respect to any matter enumerated in the Concurrent List in the Seventh Schedule to the Constitution is
repugnant to any provision of any earlier law, other than a law made by the Legislative Assembly,
with respect to that matter, then, in either case, the law made by Parliament, or, as the case may be,
such earlier law shall prevail and the law made by the Legislative Assembly of the Union territory
shall, to the extent of the repugnancy, be void:
Provided that if such law made by the Legislative Assembly has been reserved for the
consideration of the President and has received his assent, such law shall prevail in the Union
territory of Jammu and Kashmir:
Provided further that nothing in this section shall prevent Parliament from enacting at any time
any law with respect to the same matter including a law adding to, amending, varying or repealing
the law so made by the Legislative Assembly.
36. Special provisions as to financial Bills.—(1) A Bill or amendment shall not be introduced
into, or moved in, the Legislative Assembly except on the recommendation of the Lieutenant
Governor, if such Bill or Amendment makes provision for any of the following matters, namely:—
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the amendment of the law with respect to any financial obligations undertaken or to be
undertaken by the Government of the Union territory;
(c) the appropriation of moneys out of the Consolidated Fund of the Union territory;
(d) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the
Union territory or the increasing of the amount of any such expenditure;
(e) the receipt of money on account of the Consolidated Fund of the Union territory or the
public account of the Union territory or the custody or issue of such money or the audit of the
account of the Union territory:
Provided that no recommendation shall be required under this sub-section for the moving of an
amendment making provision for the reduction or abolition of any tax.
(2) A Bill or Amendment shall not be deemed to make provision for any of the matters aforesaid
by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the
demand or payment of fees for licences or fees for services rendered, or by reason that it provides for
the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body
for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the
Consolidated Fund of Union territory shall not be passed by the Legislative Assembly of the Union
territory unless the Lieutenant Governor has recommended to the Assembly, the consideration of the
Bill.
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37. Procedure as to lapsing of Bills.—(1) A Bill pending in the Legislative Assembly shall not
lapse by reason of the prorogation of the Legislative Assembly.
(2) A Bill which is pending in the Legislative Assembly shall lapse on dissolution of the
Legislative Assembly.
38. Assent to Bills.—When a Bill has been passed by the Legislative Assembly, it shall be
presented to the Lieutenant Governor and the Lieutenant Governor shall declare either that he assents
to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the
President:
Provided that the Lieutenant Governor may, as soon as possible after the presentation of the Bill to
him for assent, return the Bill if it is not a Money Bill together with a message requesting that the
Assembly will reconsider the Bill or any specified provisions thereof, and, in particular, will consider
the desirability of introducing any such amendments as he may recommend in his message and, when
a Bill is so returned, the Assembly will reconsider the Bill accordingly, and if the Bill is passed again
with or without amendment and presented to the Lieutenant Governor for assent, the Lieutenant
Governor shall declare either that he assents to the Bill or that he reserves the Bill for the
consideration of the President:
Provided further that the Lieutenant Governor shall not assent to, but shall reserve for the
consideration of the President, any Bill which,—
(a) in the opinion of the Lieutenant Governor would, if it became law, so derogate from the
powers of the High Court as to endanger the position which that Court is, by the Constitution,
designed to fill; or
(b) relates to any of the matters specified in clause (1) of article 31A; or
(c) the President may, by order, direct to be reserved for his consideration.
Explanation.—For the purposes of this section and section 39, a Bill shall be deemed to be a
Money Bill if it contains only provisions dealing with all or any of the matters specified in
sub-section (1) of section 36 or any matter incidental to any of those matters and, in either case,
there is endorsed thereon the certificate of the Speaker of the Legislative Assembly signed by him
that it is a Money Bill.
39. Bills reserved for consideration.—When a Bill is reserved by Lieutenant Governor for the
consideration of the President, the President shall declare either that he assents to the Bill or that he
withholds assent therefrom:
Provided that where the Bill is not a Money Bill, the President may direct the Lieutenant Governor
to return the Bill to the Legislative Assembly together with such a message as is mentioned in the first
proviso to section 38 and, when a Bill is so returned, the Assembly shall reconsider it accordingly
within a period of six months from the date of receipt of such message and, if it is again passed by the
Assembly with or without amendment, it shall be presented again to the President for his
consideration.
40. Requirements as to sanction and recommendations to be regarded as matters of
procedure only.—No Act of the Legislative Assembly and no provision in any such Act, shall be
invalid by reason only that some previous sanction or recommendation required by this Act was not
given, if assent to that Act was given by the Lieutenant Governor, or, on being reserved by the
Lieutenant Governor for the consideration of the President, by the President.
41. Annual financial statement.—(1) The Lieutenant Governor shall in respect of every financial
year cause to be laid before the Legislative Assembly of the Union territory of Jammu and Kashmir, a
statement of the estimated receipts and expenditure of the Union territory for that year, in this Part
referred to as the “annual financial statement”.
(2) The estimates of expenditure embodied in the annual financial statement shall show
16
separately—
(a) the sums required to meet expenditure described by this Act as expenditure charged upon
the Consolidated Fund of the Union territory of Jammu and Kashmir, and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated
Fund of the Union territory of Jammu and Kashmir; and shall distinguish expenditure on revenue
account from other expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of the
Union territory of Jammu and Kashmir:—
(a) the emoluments and allowances of the Lieutenant Governor and other expenditure relating
to his office;
(b) the charges payable in respect of loans advanced to the Union territory of Jammu and
Kashmir from the Consolidated Fund of India including interest, sinking fund charges and
redemption charges, and other expenditure connected therewith;
(c) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative
Assembly;
(d) expenditure in respect of the salaries and allowances of Judges of High Court of Jammu and
Kashmir;
(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(f) expenditure incurred by the Lieutenant Governor in the discharge of his special
responsibility;
(g) any other expenditure declared by the Constitution or by law made by Parliament or by the
Legislative Assembly of the Union territory of Jammu and Kashmir to be so charged.
42. Procedure in Legislative Assembly with respect to estimates.—(1) So much of the estimates
as relates to expenditure charged upon the Consolidated Fund of Union territory of Jammu and
Kashmir shall not be submitted to the vote of the Legislative Assembly, but nothing in this
sub-section shall be construed as preventing the discussion in the Legislative Assembly of any of
those estimates.
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of
demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to
assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the
amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Lieutenant
Governor.
43. Appropriation Bills.—(1) As soon as may be after the grants under section 42 have been
made by the Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out
of the Consolidated Fund of the Union territory of all moneys required to meet—
(a) the grants so made by the Legislative Assembly, and
(b) the expenditure charged on the Consolidated Fund of the Union territory of Jammu and
Kashmir but not exceeding in any case the amount shown in the statement previously laid before
the Assembly.
(2) No amendment shall be proposed to any such Bill in the Legislative Assembly which will have
the effect of varying the amount or altering the destination of any grant so made or of varying the
amount of any expenditure charged on the Consolidated Fund of the Union territory of Jammu and
Kashmir and the decision of the person presiding as to whether an amendment is inadmissible under
this sub-section shall be final.
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(3) Subject to the other provisions of this Act, no money shall be withdrawn from the Consolidated
Fund of the Union territory except under appropriation made by law passed in accordance with the
provisions of this section.
44. Supplementary, additional or excess grants.—(1) The Lieutenant Governor shall—
(a) if the amount authorised by any law made in accordance with the provisions of section 43 to
be expended for a particular service for the current financial year is found to be insufficient for the
purposes of that year or when a need has arisen during the current financial year for supplementary
or additional expenditure upon some new service not contemplated in the annual financial
statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of the amount
granted for that service and for that year,
cause to be laid before the Legislative Assembly, another statement showing the estimated amount of
that expenditure or cause to be presented to the Legislative Assembly with such previous approval a
demand for such excess, as the case may be.
(2) The provisions of sections 41, 42 and 43 shall have effect in relation to any such statement and
expenditure or demand and also to any law to be made authorising the appropriation of moneys out of
the Consolidated Fund of the Union territory of Jammu and Kashmir to meet such expenditure or the
grant in respect of such demand as they have effect in relation to the annual financial statement and
the expenditure mentioned therein or to a demand for a grant and the law to be made for the
authorisation of appropriation of moneys out of the Consolidated Fund of the Union territory of
Jammu and Kashmir to meet such expenditure or grant.
45. Votes on account.—(1) Notwithstanding anything in the foregoing provisions of this Part, the
Legislative Assembly shall have power to make any grant in advance in respect of the estimated
expenditure for a part of any financial year pending the completion of the procedure prescribed in
section 42 for the voting of such grant and the passing of the law in accordance with the provisions of
section 43 in relation to that expenditure and the Legislative Assembly shall have power to authorise
by law the withdrawal of moneys from the Consolidated Fund of the Union territory of Jammu and
Kashmir for the purposes for which the said grant is made.
(2) The provisions of sections 42 and 43 shall have effect in relation to the making of any grant
under sub-section (1) or to any law to be made under that sub-section as they have effect in relation to
the making of a grant with regard to any expenditure mentioned in the annual financial statement and
the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of
the Union territory of Jammu and Kashmir to meet such expenditure.
46. Rules of procedure.—(1) The Legislative Assembly may make rules for regulating, subject to
the provisions of this Act, its procedure and the conduct of its business:
Provided that the Lieutenant Governor shall, after consultation with the Speaker of the Legislative
Assembly, make rules—
(a) for securing the timely completion of financial business;
(b) for regulating the procedure of, and the conduct of business in, the Legislative Assembly in
relation to any financial matter or to any Bill for the appropriation of moneys out of the
Consolidated Fund of the Union territory of Jammu and Kashmir;
(c) for prohibiting the discussion of, or the asking of questions on, any matter which affects the
discharge of the functions of the Lieutenant Governor in so far as he is required by this Act to act
in his discretion.
(2) Until rules are made under sub-section (1), the rules of procedure and standing orders in force
immediately before the commencement of this Act, with respect to the Legislative Assembly of the
existing State of Jammu and Kashmir shall have effect in relation to the Legislative Assembly of the
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Union territory of Jammu and Kashmir subject to such modifications and adaptations as may be made
therein by the Speaker of Legislative Assembly.
47. Official language or languages of Union territory of Jammu and Kashmir and language
or languages to be used in Legislative Assembly thereof.—(1) The Legislative Assembly may by
law adopt any one or more of the languages in use in the Union territory of Jammu and Kashmir or
Hindi as the official language or languages to be used for all or any of the official purposes of the
Union territory of Jammu and Kashmir.
(2) The business in the Legislative Assembly of the Union territory of Jammu and Kashmir shall
be transacted in the official language or languages of the Union territory of Jammu and Kashmir or in
Hindi or in English:
Provided that the Speaker of the Legislative Assembly or person acting as such, as the case may
be, may permit any member who cannot adequately express himself in any of the languages aforesaid
to address the Legislative Assembly in his mother tongue.
48. Language to be used for Acts, Bills, etc.—Notwithstanding anything contained in section 47,
until Parliament by law otherwise provides, the authoritative texts—
(a) of all Bills to be introduced or amendments thereto to be moved in the Legislative
Assembly,
(b) of all Acts passed by the Legislative Assembly, and
(c) of all orders, rules, regulations and bye-laws issued under any law made by the Legislative
Assembly,
shall be in the English language:
Provided that where the Legislative Assembly has prescribed any language other than the English
language for use in Bills introduced in, or Acts passed by, the Legislative Assembly or in any order,
rule, regulation or bye-law issued under any law made by the Legislative Assembly of the Union
territory of Jammu and Kashmir, a translation of the same in the English language published under the
authority of the Lieutenant Governor in the Official Gazette shall be deemed to be the authoritative
text thereof in the English language.
49. Restriction on discussion in the Legislative Assembly.—No discussion shall take place in the
Legislative Assembly with respect to the conduct of any judge of the Supreme Court or of a High
Court in the discharge of his duties.
50. Courts not to inquire into proceedings of Legislative Assembly.—(1) The validity of any
proceedings in the Legislative Assembly shall not be called in question on the ground of any alleged
irregularity of procedure.
(2) No officer or member of the Legislative Assembly in whom powers are vested by or under this
Act for regulating procedure or the conduct of business, or for maintaining order in the Legislative
Assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those
powers.
51. Secretariat of the Legislative Assembly.—(1) The Legislative Assembly shall have a
separate secretariat staff.
(2) The Legislative Assembly may by law regulate the recruitment, and the conditions of service of
persons appointed, to the secretarial staff of the Legislative Assembly.
(3) Until provision is made by the Legislative Assembly under sub-section (2), the Lieutenant
Governor may, after consultation with the Speaker of the Legislative Assembly make rules regulating
the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the
Assembly and any rules so made shall have effect subject to the provisions of any law made under the
said sub-section.
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52. Power of Lieutenant Governor to promulgate Ordinances during recess of Legislative
Assembly.—If at any time, except when the Legislative Assembly is in session, the Lieutenant
Governor thereof is satisfied that circumstances exist which render it necessary for him to take
immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:
Provided that the power of making an Ordinance under this section shall extend only to those
matters with respect to which the Legislative Assembly has power to make laws.
(2) An Ordinance promulgated under this section shall have the same force and effect as an Act of the
Legislative Assembly assented by the Lieutenant Governor but every such Ordinance—
(a) Shall be laid before the Legislative Assembly and shall cease to operate at the expiration of
six weeks from the re-assembly of the Legislative Assembly, or if before the expiration of that
period a resolution disapproving it is passed by the Legislative Assembly; and
(b) May be withdrawn at any time by the Lieutenant Governor.
Council of Ministers for the Union territory of Jammu and Kashmir
53. Council of Ministers.—(1) There shall be a Council of Ministers consisting of not more than
ten per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at
the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to
matters with respect to which the Legislative Assembly has power to make laws except in so far as he
is required by or under this Act to act in his discretion or by or under any law to exercise any judicial
or quasi-judicial functions.
(2) The Lieutenant Governor shall, in the exercise of his functions, act in his discretion in a matter:
(i) which falls outside the purview of the powers conferred on the Legislative Assembly; or
(ii) in which he is required by or under any law to act in his discretion or to exercise any
judicial functions; or
(iii) related to All India Services and Anti Corruption Bureau:
Provided that if any question arises whether any matter is or is not a matter as respects which
the Lieutenant Governor is by or under this Act required to act in his discretion, the decision of the
Lieutenant Governor in his discretion shall be final, and the validity of anything done by the
Lieutenant Governor shall not be called in question on the ground that he ought or ought not to
have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by Ministers to the Lieutenant
Governor shall not be inquired into in any court.
54. Other provisions as to Ministers.—(1) The Chief Minister shall be appointed by the
Lieutenant Governor and the other Ministers shall be appointed by the Lieutenant Governor on the
advice of the Chief Minister.
(2) The Ministers shall hold office during the pleasure of the Lieutenant Governor.
(3) The Council of Ministers shall be collectively responsible to the Legislative Assembly.
(4) Before a Minister enters upon his office, the Lieutenant Governor shall administer to him the
oaths of office and of secrecy according to the forms set out for the purpose in the Fourth Schedule to
this Act.
(5) A Minister who for any period of six consecutive months is not a member of the Legislative
Assembly shall at the expiration of that period cease to be a Minister.
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(6) The salaries and allowances of Ministers shall be such as the Legislative Assembly may from
time to time by law determine, and until the Legislative Assembly so determines, shall be determined
by the Lieutenant Governor.
55. Conduct of business.—(1) The Lieutenant Governor shall make rules on the advice of the
Council of Ministers—
(a) for the allocation of business to the Ministers; and
(b) for the more convenient transaction of business with the Ministers including the procedure
to be adopted in case of a difference of opinion between the Lieutenant Governor and the Council
of Ministers or a Minister.
(2) Save as otherwise provided in this Act, all executive action of the Lieutenant Governor,
whether taken on the advice of his Ministers or otherwise, shall be expressed to be taken in the name
of the Lieutenant Governor.
(3) Orders and other instruments made and executed in the name of the Lieutenant Governor, shall
be authenticated in such manner as may be specified in rules to be made by the Lieutenant Governor
on the advice of Council of Ministers, and the validity of an order or instrument which is so
authenticated shall not be called in question on the ground that it is not an order or instrument made or
executed by the Lieutenant Governor.
56. Duties of Chief Minister as respects the furnishing of information to the Lieutenant
Governor, etc.—It shall be the duty of the Chief Minister—
(a) to communicate to the Lieutenant Governor all decisions of the Council of Ministers
relating to the administration of the affairs of the Union territory and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Union territory
and proposals for legislation as Lieutenant Governor may call for.
Legislative Council
57. Abolition of Legislative Council of the State of Jammu and Kashmir.—(1)
Notwithstanding anything to the contrary contained in any law, document, judgment, ordinance, rule,
regulation or notification, on and from the appointed day, the Legislative Council of the existing State
of Jammu and Kashmir shall stand abolished.
(2) On the abolition of the Legislative Council, every member thereof shall cease to be such
member.
(3) All Bills pending in the Legislative Council immediately before the appointed day shall lapse
on the abolition of the Council.