THE CENTRAL LAWS (EXTENSION TO JAMMU AND KASHMIR) ACT, 1968

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The State of Jammu and Kashmir is a branch of India although it varies from other states in the constitutional point and relation with the Union. Therefore, the State requires some special provisions for the administration. All the stipulations of the Constitution are not applicable to Jammu and Kashmir, now and then there needs some modifications.

The Central Laws (Extension to Jammu and Kashmir) Act is a Central legislation enacted by the Parliament in 1968, with six sections and a Schedule. The fundamental objective behind the Act is to expand the scope of a few Central legislations to Jammu and Kashmir. The Act extends the scope and application of certain legislation prescribed in the Schedule, specific rules, regulations and orders to the State of Jammu and Kashmir. The Act declares that the laws mentioned in the Schedule stands amended when the impugned Act comes into effect. Where an Act prescribed in the Schedule makes a reference to legislation that do not subsist in Jammu and Kashmir, then it shall be interpreted as an indication to the equivalent law that is accessible in the State.

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In order to remove ambiguity, the Act states that if a reference is made to a competent authority by an Act already existing in Jammu and Kashmir for fulfilling certain objectives, then that authority will be deemed as an expansion of the new authority formed under the extended Acts. The Act repeals the laws already subsisting in State of Jammu and Kashmir which is in consonance with the extended laws, instantly prior to the commencement of the present Act. Any actions done as per the provisions of the repealed Act shall not be affected by the said provision. The provision does not apply to the rights and duties attained or obligations and responsibility accrued through the repealed Act. The impugned provision has no application where sentence, fine or punishment sustained for an offense committed under the repealed law. The investigations or legal consequences carried on under the repealed Act will not be affected by the provision of the present Act. Where any appointments made, powers delegated, announcement, directions, guidelines or policies formulated, documentation granted under the repealed law shall not be affected by the extended Act. Such actions are considered to be in consonance with the present Act and the system will continue until supplementary actions are undertaken.

The Act states that if there is any complexity in implementing any of the provisions of the extended Act to Jammu and Kashmir, the Central Governmental shall take necessary actions. This can be done by making fresh provisions so as to eradicate the difficulty by publishing in the official Gazette. The notification shall include the authorities supplementary to the previous law existed in Jammu and Kashmir. The notice should also contain details regarding transfer of any case from courts, tribunals or any other adjudicatory bodies. The Act recognizes all actions taken in specified areas, different circumstances or the conditions imposed as per the provisions of the repealed law or it shall be made effective by the analogous provisions of the extended Act. The examples of the extended Acts include The Essential Commodities Act, The Companies Act, Apprentices Act, the Mines Act, The Notaries Act, the Motor Vehicles Act etc.

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The extension of certain central legislations to the State of Jammu and Kashmir minimizes the disparity that exists with other states in India. The State of Jammu and Kashmir as a part of Indian Territory desires more security with regard to the rights of ordinary persons. This can be done through such extended legislations and the applicability of relevant Acts to the State.