The Ministry of Home Affairs (MHA) has notified the Union Territory (UT) of Jammu & Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020. The Central Govt has given repealed or substituted 26 state laws.
In the 3rd order, the Home Ministry has repealed twelve state laws as a whole & others out of 26 adapted with changes or substitutes. Laws which are repeal as a whole include The Jammu & Kashmir Alienation of Land Act, Jammu & Kashmir Big Landed Estates Abolition Act, Jammu & Kashmir Common Lands (Regulation) Act 1956, Jammu & Kashmir Consolidation of Holdings Act 1962, Jammu & Kashmir Right of Prior Purchase Act, Jammu & Kashmir Utilization of Lands Act.
In the Order, MHA said, in exercise of the powers conferred by section 96 of the Jammu & Kashmir Reorganisation Act, 2019 (34 of 2019), & of all other powers enabling it in that behalf, the Centre hereby makes the following Order in respect of the Union territory of Jammu & Kashmir, namely--This Order may be called the Union Territory of Jammu & Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020.
It shall come into force with immediate effect.
The General Clauses Act, 1897 applies for the interpretation of this Order as it applies for the interpretation of laws in force in the territory of India, the Ministry said.
With immediate effect, the Acts mentioned in the Schedule to this Order shall, until repealed or amended by a competent Legislature or other competent authority, have the effect, subject to the adaptations & modifications directed by the Schedule to this Order, or if it is so directed, shall stand repealed.
The Ministry said that "Where this Order requires that in any specified section or other portion of an Act, certain words shall be substituted for certain other words, or certain words shall be omitted, such substitution or omission, as the case may be, shall, except where it is otherwise expressly provided, be made wherever the words referred to occur in that section or portion".
"The provisions of this Order which adapt or modify any law so as to alter the manner in which, the authority by which or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, bye-law, rule or regulation duly made or issued, or anything duly done before the 31st day of October 2019; & any such notification, order commitment, attachment, bye-law, rule, regulation or anything may be revoked, varied or undone in the like manner, to the like extent & in the like circumstances as if it had been made, issued or done after the commencement of this Order by the competent authority & in accordance with the provisions then applicable to such case," MHA added.
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