Schedule 1 of The Central Laws (Extension to Jammu and Kashmir) Act, 1968
THE SCHEDULE
THE SCHEDULE (See section 2) ACTS THE OFFICIAL TRUSTEES ACT, 1913 (2 OF 1913) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. THE MOTOR VEHICLES ACT, 1939 (4 OF 1939) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. Section 2.—Omit clause (9A). Section 9.—Omit sub-sections (2) and (4). Section 28.—Omit sub-sections (2), (3), (4) and (5). Section 29.—In sub-section (1),—
- (a)in clause (a) omit “or”;
- (b)Omit clause (b). Section 38.—For sub-section (4), substitute— “(4) A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India.”. Section 42.—In sub-section (3), omit clause (h). Section 63.—Omit In sub-section (5). Section 96.—(a) In sub-section (2A), omit “in the State of Jammu and Kashmir* or” and in the proviso, omit “of the State of Jammu and Kashmir* or”;
- (b)In sub-section (6), omit “of the State of Jammu and Kashmir* or”. The Sixth Schedule.—In the first and second columns, after “West Bengal” and the entry relating thereto in the second column, insert “Jammu and Kashmir” and “J & K” respectively. THE CHARTERED ACCOUNTANTS ACT, 1949 (38 OF 1949) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. THE TRANSFER OF PRISONERS ACT, 1950 (29 OF 1950) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. THE ROAD TRANSPORT CORPORATIONS ACT, 1950 (64 OF 1950) Section 1.—In sub-section (2), omit “the State of Jammu and Kashmir* and”. THE MINES ACT, 1952 (35 OF 1952) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. THE NOTARIES ACT, 1952 (53 OF 1952) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. Section 2.—(a) Omit clause (a); (b) In the proviso to clause (d)—
- (i)for “either under”, substitute “under”; *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
- (ii)omit “or by the Master of Faculties in England”;
- (iii)for “any part of India”, substitute“any part of India: Provided further that in relation to the state of Jammu and Kashmir* the said period of two years shall be computed from the date on which this Act comes into force in that State;”. Section 9.—In sub-section (2), insert— “Provided that in relation to the state of Jammu and Kashmir* the said period of two years shall be computed from the date on which this Act comes into force in that State.”. THE ESSENTIAL COMMODITIES ACT, 1955 (10 OF 1955) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. THE COMPANIES ACT, 1956 (1 OF 1956) Section 1.—In sub-section (3),—
- (a)omit first proviso;
- (b)in the second proviso, omit “further”. Section 3.—In sub-clause (f) (2) of clause (ii) of sub-section (1), insert at the end “in so far as banking, insurance and financial corporations are concerned, and before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 in so far as other corporations are concerned”. After section 620B, insert“Special provision as to companies in Jammu and Kashmir.” 620C. Special provision as to companies in Jammu and Kashmir.—The Central Government may by notification in the Official Gazette, direct that with effect from the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 or any subsequent date, any of the provisions of this Act specified in the notification shall not apply, or shall apply only with such exceptions and modifications or adaptations as may be specified in the notification, to—
- (a)any existing company in the State of Jammu and Kashmir*;
- (b)any company registered in that State under this Act after the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968.”. THE COST AND WORKS ACCOUNTANTS ACT, 1959 (23 OF 1959) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. THE APPRENTICES ACT, 1961 (52 OF 1961) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. THE ADMINISTRATORS-GENERAL ACT, 1963 (45 OF 1963) Section 1.—In sub-section (2), omit “except the State of Jammu and Kashmir*”. Section 20.—(a) In sub-section (1), for “the territories to which this Act extends” substitute “India”; *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
- (b)after sub-section (2), insert— “(3) Any probate or letters of administration granted by the High Court for the State of Jammu and Kashmir* before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 shall, after such commencement, be as effective as if such probate or letters of administration has been granted under this section.”. Omit section 21. Section 37.—(a) In clause (a), for “to which this Act extends”, substitute “in India”;
- (b)Omit “or in the State of Jammu and Kashmir*”. Section 56.—For “the territories to which this Act extends” and for “the said territories”, substitute “India”. *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
Summary
- The Schedule lists twelve specific central Indian laws that are extended to the State of Jammu and Kashmir under Section 2 of this Act.
- Section 2 extends these twelve laws, as well as all rules, orders, and regulations created under them, to make them active in Jammu and Kashmir.
- Section 1 establishes that the Act is named the Central Laws (Extension to Jammu and Kashmir) Act, 1968, and it begins on a date chosen by the Central Government through a public notice.
- Under Section 2, the listed laws are amended or changed in the specific ways written inside the Schedule from the day this Act starts.
- Section 3 explains that if any of these listed laws refer to another law that does not exist in Jammu and Kashmir, that reference must be understood as pointing to the local matching law that does exist there.
Practical examples
FAQ
1. What is the main purpose of the Schedule in this Act?
The Schedule lists the specific central laws that are being extended and applied to the State of Jammu and Kashmir, along with specific amendments made to those laws.
2. Which sections of the Act are closely connected to the Schedule?
The Schedule is directly connected to Section 2, which extends and amends the listed laws. It also relates to Section 1, which governs when the Act starts, and Section 3, which clarifies how to read legal references in the listed laws.
3. What happens to the rules and regulations made under the scheduled Acts?
Under Section 2, not only are the Acts themselves extended to Jammu and Kashmir, but all rules, orders, and regulations made under those Acts are also extended and put into force.
4. How should a reference to an inactive law in Jammu and Kashmir be interpreted?
Under Section 3, if a scheduled Act refers to a law that is not in force in Jammu and Kashmir, that reference must be read as referring to the corresponding matching law that is actually in force in that State.
Test yourself
Q1.Under Section 2, what else is extended to Jammu and Kashmir along with the Acts listed in the Schedule?
Q2.According to Section 1, how does this Act come into force?
Q3.Under Section 3, if a scheduled Act refers to a law that is not in force in Jammu and Kashmir, how is that reference read?
Q4.Which of the following Acts is NOT listed in the Schedule as being extended or amended?
Q5.Under the Schedule's amendments to the Motor Vehicles Act, 1939, where is a certificate of fitness valid?
Q6.Which section of the Act specifies that the Scheduled Acts shall be amended as written in the Schedule?