REGISTERED No. D. 221 रजिस्ट्री सं ० डी. 221
भारतको राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II लण्ड 3 -उपलब्ड ( 1)
PART II- Section 3-Sub - section ( i )
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं ० 175] नई दिल्ली, बुधवार , नवम्बर 24 , 1965 / अग्रहायण 3 , 1887
No. 175] NEW DELHI, WEDNESDAY , NOVEMBER 24 , 1965 / AGRAHAYANA 3 , 1887
इस भाग में भिन्न पृष्ठ संख्या दी जाती हैं जिससे कि यह अलग संकलन के रूप में रस्म जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW
(Legislative Department )
NOTIFICATION
New Delhi , the 24th November 1965
G.S.R. 1757 .-- The following Order made by the President is published for general information--
C.O. 74
THE CONSTITUTION ( APPLICATION TO JAMMU AND KASHMIR ) SECOND AMENDMENT ORDER, 1965
In exercise of the powers conferred by clause ( 1 ) of article 370 of the Constitu- tion , the President , with the concurrence of the Government of the State of Jammu and Kashmir , is pleased to make the following Order :-
1. ( 1 ) This Order may be called the Constitution ( Application to Jammu and Kashmir ) Second Amendment Order , 1965 .
(2) It shall come into force at once .
( 569 )
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 570
2. In paragraph 2 of the Constitution ( Application to Jammu and Kashmir ) Order , 1954 ,-
(1) in the opening portion , for the words , figures and letters " as in force on the 15th day of February , 1958 " , the words , figures and letters " as in force on the 20th day of June , 1964 " shall be substituted ;
(2) in sub - paragraph ( 5A) ( relating to Part VI ) , for clause ( c ) , the following clause shall be substituted , namely:-
' ( c) in article 222 , after clause ( 1 ) , the following new clause shall be inserted , namely: --
" ( 1A ) Every such transfer from the High Court of Jammu and Kashmir or to that High Court shall be made after consultation with the Governor . " ." ;
(3 ) in sub - paragraph ( 14 ) ( relating to Part XIX ) ,-
(a) clause ( a ) shall be omitted;
(b ) clauses ( b ) and ( 2 ) shall be re - lettered as clauses ( a ) and (b ) respectively ;
(c) in clause ( b ) as so re - lettered , in clause ( 4 ) of article 367 ,-
(1) for sub -clause ( b ) , the following sub -clauses shall be substituted, namely:-
"( aa) references to the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the Sadar - i - Riyasat of Jammu and Kashmir , acting on the advice of the Council of Ministers of the State for the time being in office , shall be construed as references to the Governor of Jammu and Kashmir;
(b ) references to the Government of the said State shall be constured as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers:
Provided thatin respect of any period prior to the 10th day of April , 1965, such references shall be construed as including references to the Sadar -1 - Riyasat acting on the advice of his Council of Ministers;" ;
(il) for sub -clause ( e ) , the following sub -clause shall be substituted, namely:--
" ( e ) references to a Governor shall include references to the Governor of Jammu and Kashmir :
Provided that in respect of any period prior to the 10th day of April , 1965, such references shall be construed as references to the person recognised by the President as the Sadar - i- Riyasat of Jammu and Kashmir and as including references to any person recognised by the President as being competent to exercise the powers of the Sadar - i - Riyasat . " ;
(4) in sub -paragraph ( 16 ) ( relating to Part XXI ) , in clause ( a ) , after the figures " 371", the figures and letter " 371A, " shall be inserted;
(5) in sub -paragraph ( 22 ) ( relating to the Seventh Schedule ) ,-
(1) in clause ( a ) ,-
(a) in item ( ii ) , the word " and " shall be added at the end;
(b) item ( ill ) shall be omitted;
(c ) item ( iv ) shall be re - numbered as itern ( lil ) ;
(ii) in clause ( c ) ,
(a) items ( ii ) and ( iii ) shall be omitted;
(b) items ( iv) , ( v ) and ( vi ) shall be re -numbered as items ( ii ) , ( ili ) and ( iv ) respectively;
(c) in item ( iii ) as so re - numbered ,-
(A) for the words , figures and brackets " entries 12 to 23 (both inclusive) " , the words, figures and brackets "entries 12 to 21 (both inclusive ) " shall be substituted ;
(B) the figures " 36 , " shall be omitted;
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 3 ( 1) ]
573
(6) for sub - paragraph ( 24 ) ( relating to the Ninth Schedule ) , the following sub-paragraph shall be substituted , namely: ----
' ( 24 ) ΝΙΝΤH SCHEDULE
After entry 64 , the following entries shall be added , namely :-
" 65. The Jammu and Kashmir State Kuth Act ( No. I of Svt . 1978 ) .
66. The Jammu and Kashmir Tenancy Act ( No. II of Svt . 1980 ) .
67. The Jammu and Kashmir Alienation of Land Act ( No. V of Svt . 1995 ) .
68. The Jammu and Kashmir Restitution of Mortgaged Properties Act (No. XVI of Svt . 2006 ) .
69. The Jammu and Kashmir Distressed Debtors Relief Act ( No. XVII of Svt . 2006 ) ,
70. The Jammu and Kashmir Big Landed Estates Abolition Act (No XVII of Svt . 2007 ) .
71. Order No. 6 - H of 1951 , dated 10th March . 1951 , regarding Resump- tion of Jagirs and other assignments of land revenue , etc. " ' .
S. RADHAKRISHNAN , President .
[No. F. 19 ( 4 ) /65-LI.J R. C. S. SARKAR , Secy .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1965