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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 139] NEW DELHI, WEDNESDAY, JUNE 26, 1974/ASADHA 5, 1896

Separate paging is given to this Part to order that it may be filed

as a. separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) NOTIFICATION New Delhi, the 26th June 1974

G.S.R. 280(E).—The following Order made by the President is published for general Information: —

C.O. 98 THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) SECOND AMENDMENT ORDER. 1974

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, 1074. (2) It shall come into force at once. 2. In paragraph 2 of the Constitution (Application to Jammu and Kashmir) Order, 1954,—

(i) in the opening portion for the words, brackets and figures "and the Constitution (Twenty-sixth Amendments) Act, 1971", the words, brackets and figures '', the Constitution (Twenty-sixth Amendment) Act, 1971, the Constitution (Thirtieth Amendment) Act. 1972 and section 2 of the Constitution (Thirty-first Amendment) Act, 1973" shall be substituted: (ii) in sub-paragraph (5) (relating to Part V), for clauses (a) and (b), the following clauses shall respectively be substituted, namely:-- '(a) For the purpose of article 55, the population of the State of Jammu and Kashmir shell be deemed to be sixty-three lakhs.

(1315)

(b) In article 81, for clauses <-j and {.:}), the following clauses shall be substituted, namely:--

"(2) for the purposes of sub-clause (a) of clause (1).—

(aj there shall bo allotted la the State six seats in the House of the People;

(b; the State shall be divided into single-member territorial constitu- encies by the Delimitation. Commission constituted under the Delimitation Act, 1972, in accordance with such procedure as the Commission may deem lit;

(c) th0 constituencies shall, as far us practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative unit*, facilities of communication and public convenience; and

(dj the constituencies into which the State is divided shall not comprise the area under the occupation of Pakistan.

(3) Nothing in clause (2) shall affect the representation of the State In the House ol! the People until the dissolution of the House existing on the date of publication in the Gazette of India of the final order or orders of the Delimitation Commission relating to the delimita- tion of parliamentary constituencies under the Delimitation Act, 1972.

(4) (a) The DelimifaUon Commission shall associate with itself for the purpose of assisting it in its duties in respect of the State, five persons who shall be members of the House of the People repre- senting the State:

(b) The persons to be so associated from the State shall be nominated by the Speaker oi the House of the People having due regard to the composition of the House,

(c) The first nominations to be made under sub-cla,use (b) shall be made by the Speaker of the House of the People within two months from the commencement of the Constitution (Application to Jammu and Kashmir) Second Amendment Order, 1074.

(d) None of the associate members shall have a right to vote or to sign

any decision of the Delimitation Commission.

(e) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled as soon as may be practicable by the Speaker of the House of the People and. in accordance with the provisions of sub-clauses (a) ;mrl (b)." ';

Ciii) in sub-paragraph (5) (relating to Part V), clauses (c) and (d) shall be re- lettered as clauses (d) and (ej respectively and before clause (d) as so re-lettered, the following clause shall be inserted, namely: —

''(e) in article 133, niter clause (1), the following clause shall be inserted, namely: —

l(lA) The provisions- of sod ion :i of the Constitution (Thirtieth Amend- ment) Act, 1072, shall apply in relation to the State of Jammu atid Kashmir subject to the modification that references therein to "thin Act", "the commencement of this Act'', "this Act had not been passed" and "as amended by ihis Act" shall be construed respectively as references Ui "the Constitution (Application to Jammu and Kashmir) Second Amendment Order, 1974", "the com- mencement of the said Order", "the said Order had not been made" and "as It stands after the commencement of the said Order",'";

(iv) in sub-paratfraph (24) (relating ttj the Ninth Schedule), entries 65, 06 87, 68, 69, 70 and 71 shall be re-numbered ns entries G4A, 64B, 64C, 84D. 64E, 64F and 64G respectively.

V. V. GIRI,

President.

[No. F. 15(4)/74-LJ.l

S. HARIHARA IYER, Jt. Secy.

PKJNT1D WV I BB MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW nwfpn AND FUBUSHBD BY THE CONTROLLER OF PUBUCATIONS, DELHI, 1 9 74