The Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2023 |The LexSphere Library

SECTION Section 1

Untitled Section

•1

•THE CONSTITUTION (JAMMU AND KASHMIR) SCHEDULED

•CASTES ORDER (AMENDMENT) BILL, 2023

•A

•BILL

•further to amend the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956.

•BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as

•follows:—

SECTION Section 10

Untitled Section

2.It is not possible to estimate the likely expenditure to be incurred on this account at

•this stage. However, the expenditure, if any, shall be accommodated within the approved

•budgetary outlay of the Government.

•ANNEXURE

•EXTRACT FROM THE CONSTITUTION (JAMMU AND KASHMIR) SCHEDULED CASTES ORDER, 1956

C.O. 52

•* * * * *

•THE SCHEDULE

•* * * * *

SECTION Section 11

Untitled Section

5.Chura, Bhangi, Balmiki, Mehtar

•* * * * *

•4

•LOK SABHA

•————

•A

•BILL

•further to amend the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956.

•————

•(Dr. Virendra Kumar, Minister of Social Justice and Empowerment)

•MGIPMRND—2414LS—31-01-2023.

SECTION Section 2

Untitled Section

1.This Act may be called the Constitution (Jammu and Kashmir) Scheduled Castes

•Order (Amendment) Act, 2023.

SECTION Section 3

Untitled Section

2.In the Schedule to the Constitution (Jammu and Kashmir) Scheduled Castes

•Order, 1956, for entry 5, the following entry shall be substituted, namely:—

•"5. V almiki (in the Union territory of Jammu and Kashmir only), Chura, Bhangi,

•Balmiki, Mehtar".

•Short title.

•Amendment

•of

•Constitution

•(Jammu and

•Kashmir)

•Scheduled

•Castes Order,

SECTION Section 4

Untitled Section

1956.

C.O. 52.

•AS INTRODUCED IN LOK SABHA

•Bill No. 18 of 2023

•5

•2

•STA TEMENT OF OBJECTS AND REASONS

•Scheduled Castes have been defined in clause (24) of article 366 of the Constitution

•as "such castes, races or tribes or parts of or groups within such castes, races or tribes as

•are deemed under article 341 to be Scheduled Castes for the purposes of this Constitution.".

SECTION Section 5

Untitled Section

2.Article 341 of the Constitution provide as under:—

•"341. Scheduled Castes.—(1) The President may with respect to any State or

•Union territory, and where it is a State, after consultation with the Governor thereof,

•by public notification, specify the castes, races or tribes or parts of or groups within

•castes, races or tribes which shall for the purposes of this Constitution be deemed to

•be Scheduled Castes in relation to that State or Union territory, as the case may be.

(2)Parliament may by law include in or exclude from the list of Scheduled Castes

•specified in a notification issued under clause (1) any caste, race or tribe or part of or

•group within any caste, race or tribe, but save as aforesaid a notification issued under

•the said clause shall not be varied by any subsequent notification.".

SECTION Section 6

Untitled Section

3.According to the provisions of article 341 of the Constitution, a list of Scheduled

•Castes of the Union territory of Jammu and Kashmir was first notified on 22.12.1956 through

•the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956 and the said list was

•last modified on 17.12.2002, vide, the Constitution (Scheduled Castes) Orders (Second

•Amendment) Act, 2002 (61 of 2002). The Union territory of Jammu and Kashmir has

•recommended for inclusion of Valmiki community as a synonym of Chura, Bhangi, Balmiki,

•Mehtar at Sl. No. 5 in the list of Scheduled Castes of Union territory of Jammu and Kashmir.

SECTION Section 7

Untitled Section

4.On the basis of the recommendation of the Union territory of Jammu and Kashmir,

•it is proposed to modify the list of Scheduled Castes in respect of the Union territory of

•Jammu and Kashmir by amending the Constitution (Jammu and Kashmir) Scheduled Castes

•Order, 1956.

SECTION Section 8

Untitled Section

5.The Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment)

•Bill, 2023 proposes to amend the Schedule of the Constitution (Jammu and Kashmir)

•Scheduled Castes Order, 1956 for inclusion of Valmiki (in the Union territory of Jammu and

•Kashmir only) in entry 5.

SECTION Section 9

Untitled Section

6.The Bill seeks to achieve the aforesaid objectives.

•N

•EW DELHI; DR. VIRENDRA KUMAR.

•The 30th January, 2023.

•3

•FINANCIAL MEMORANDUM

•The Bill seeks to include one synonymous community in the list of Scheduled Castes

•for the Union territory of Jammu and Kashmir. This will entail some additional recurring and

•non-recurring expenditure on account of benefits of schemes meant for development of the

•Scheduled Castes to which the persons belonging to the newly added community will become

•entitled, as a result of this Bill.