The Jammu and Kashmir Reorganisation (Amendment) Bill, 2021 |The LexSphere Library

SECTION Section 1

Untitled Section

•1

•THE JAMMU AND KASHMIR REORGANISATION (AMENDMENT)

•BILL, 2021

•A

•BILL

•to amend the Jammu and Kashmir Reorganisation Act, 2019.

•BE it enacted by Parliament in the Seventy-second Y ear of the Republic of India as

•follows:––

SECTION Section 10

Untitled Section

5.The Bill seeks to replace the aforesaid Ordinance.

•N

•EW DELHI; AMIT SHAH.

•The 29th January, 2021

•4

•ANNEXURE

•EXTRACTS FROM THE JAMMU AND KASHMIR REORGANISATION ACT, 2019

•(34 OF 2019)

•* * * * *

•The Lieutenant Governor and The Legislative Assembly of Union territory

•of Jammu and Kashmir

SECTION Section 11

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13.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”.

•* * * * *

•PART XIII

•PROVISIONS AS TO SERVICES

SECTION Section 12

Untitled Section

88.(1) In this section, the expression “State cadre”—

•* * * * *

(2)The members of the cadres of Indian Administrative Service, Indian Police Service

•and Indian Forest Service for the existing State of Jammu and Kashmir, on and from the

•appointed day, shall continue to function on the existing cadres.

(3)The provisional strength, composition and allocation of officers currently borne

•on the existing cadre of Jammu and Kashmir to the Union territory of Jammu and Kashmir

•and Union territory of Ladakh, as referred to in sub-section (2) shall be such as the Lieutenant

•Governor of Union territory of Jammu and Kashmir may, by order, determine on or after the

•appointed day.

(4)The members of each of the said services, currently borne on the Jammu and

•Kashmir cadre immediately before the appointed day shall be finally allocated between the

•successor Union territory of Jammu and Kashmir and Union territory of Ladakh, in such

•manner and with effect from such date or dates as the Central Government may, by order,

•specify on the recommendation of Lieutenant Governors of Union territory of Jammu and

•Kashmir; and Union territory of Ladakh.

(5)The Officers so allocated to both the Union territories shall function within these

•Union territories, in accordance with the rules framed by the Central Government.

(6)In future, the All India Service officers to be posted to Union territory of Jammu

•and Kashmir or Union territory of Ladakh, as the case may be, shall be borne on the

•Arunachal, Goa, Mizoram Union territory cadre, and necessary modifications in

•corresponding cadre allocations rules may be made accordingly, by the Central Government.

•* * * * *

•Applicability

•of article

•239A of

Constitution.

•Provisions

•relating to All

•India

Services.

•MGIPMRND—1287RS(S3)—02-02-2021.

•RAJYA SABHA

•————

•A

•BILL

•to amend the Jammu and Kashmir Reorganisation Act, 2019.

•————

•(Shri Amit Shah, Minister of Home Affairs)

SECTION Section 2

Untitled Section

1.(1) This Act may be called the Jammu and Kashmir Reorganisation (Amendment)

•Act, 2021.

(2)It shall be deemed to have come into force on the 7th day of January, 2021.

SECTION Section 3

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2.In section 13 of the Jammu and Kashmir Reorganisation Act, 2019 (hereinafter

•referred to as the principal Act), after the words, figures and letter “in article 239A”, the

•words “or any other article containing reference to elected members of the Legislative

•Assembly of the State” shall be inserted.

•Short title and

commencement.

•Amendment

•of section 13.

•34 of 2019.

•Bill No. IV of 2021

•5

•AS INTRODUCED IN THE RAJYA SABHA

•2

SECTION Section 4

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3.In section 88 of the principal Act, for sub-sections ( 2) to ( 6), the following

•sub-sections shall be substituted, namely:––

•“(2) The members of the Indian Administrative Service, Indian Police Service

•and Indian Forest Service for the existing cadre of Jammu and Kashmir, shall be borne

•and become part of the Arunachal Pradesh, Goa, Mizoram and Union territories cadre,

•and all future allocations of All India Services Officers for the Union territory of

•Jammu and Kashmir and Union territory of Ladakh shall be made to

•Arunachal Pradesh, Goa, Mizoram and Union territories cadre for which necessary

•modifications may be made in corresponding cadre allocation rules by the Central

Government.

(3)The officers so borne or allocated on Arunachal Pradesh, Goa, Mizoram and

•Union territories cadre shall function in accordance with the rules framed by the

•Central Government.”.

SECTION Section 5

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4.(1) The Jammu and Kashmir Reorganisation (Amendment) Ordinance, 2021 is

•hereby repealed.

(2)Notwithstanding such repeal, anything done or any action taken under the Jammu

•and Kashmir Reorganisation Act, 2019 as amended by the said Ordinance, shall be deemed

•to have been done or taken under the corresponding provisions of the said Act as amended

•by this Act.

•Amendment

•of section 88.

•Repeal and

savings.

•34 of 2019.

Ord.1 of

SECTION Section 6

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2021.

•5

•10

•15

•3

•STATEMENT OF OBJECTS AND REASONS

•The Jammu and Kashmir Reorganisation Act, 2019 was enacted to provide for the

•reorganisation of the existing State of Jammu and Kashmir. Section 88 of the said Act

•provides that the members of the cadres of Indian Administrative Service, Indian Police

•Service and Indian Forest Service for the existing State of Jammu and Kashmir shall continue

•to function on the existing cadres. There is a huge deficiency of the officers of All India

•Services in the Union territory of Jammu and Kashmir. The developmental schemes, centrally

•sponsored schemes and other allied activities suffer due to non-availability of All India

•Officers in the existing cadres of the Jammu and Kashmir as such there is a requirement of

•merging it with Arunachal Pradesh, Goa, Mizoram, Union territories cadre so that the officers

•in this cadre can be posted in the Union territory of Jammu and Kashmir to meet out any

•deficiency to some extent.

SECTION Section 7

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2.In order to provide uniformity in the governance of all the Union territories and to

•further enhance efficiency in their administration, it is felt necessary to amend section 88 of

•the aforesaid Act so as to merge the existing cadre of Jammu and Kashmir with Arunachal

•Pradesh, Goa, Mizoram and Union territories (AGMUT) cadre in relation to the All India

•Services namely, Indian Administrative Service, Indian Police Service and Indian Forest

Service.

SECTION Section 8

Untitled Section

3.For the purpose of bringing clarity to section 13, it is proposed to amend the said

•section so as to include therein any other article containing reference to elected members of

•the Legislative Assembly of the Union territory of Jammu and Kashmir.

SECTION Section 9

Untitled Section

4.The Jammu and Kashmir Reorganisation (Amendment) Bill, 2021 which seeks to

•replace the Jammu and Kashmir (Amendment) Ordinance, 2021 (Ord. 1 of 2021) provides for

•the following, namely:––

(i)to amend section 13 of the said Act so as to insert, after the words, figures and

•letter “in article 239A”, the words “or any other article containing reference to elected

•members of the Legislative Assembly of the State”; and

•(ii) to amend section 88 of the said Act so as to substitute two new sub-sections

•for existing sub-sections (2) to (6) regarding provisions relating to All India Services.