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Government business rules of erstwhile Jammu and Kashmir to apply to UT

The state of Jammu and Kashmir ceased to exist from the midnight of Thursday and it was bifurcated into two Union Territories of Jammu and Kashmir, and Ladakh.

IANS IANS
Srinagar Published on: November 01, 2019 6:47 IST
Lt Governor of Jammu and Kashmir Union Territory GC Murmu
Image Source : ANI

Lt Governor of Jammu and Kashmir Union Territory GC Murmu

Hours after taking over as the first Lt Governor of Jammu and Kashmir Union Territory, G.C. Murmu on Thursday issued an order, saying the provisions of government business rules applicable to the erstwhile state will continue to apply to the UT.

He issued the directive while exercising the powers conferred by section 55 of the Jammu and Kashmir Reorganisation Act, 2019, read with the Presidential Order.

The order said "the provisions of the Jammu and Kashmir Government Business Rules which were applicable to the erstwhile State of Jammu and Kashmir shall apply to the Union Territory of Jammu and Kashmir for transaction of Government Business subject to the modification that any reference to the Governor and Chief Minister shall be construed as reference to Lieutenant Governor of the Union Territory of Jammu and Kashmir.."

This order shall be deemed to have come into force with effect from October 31, 2019.

The state of Jammu and Kashmir ceased to exist from the midnight of Thursday and it was bifurcated into two Union Territories of Jammu and Kashmir, and Ladakh.

The Union Home Ministry, in a gazette notification, said those Central laws, Ordinances and rules which were earlier not applicable to the J&K will henceforth be applicable to the UTs of Jammu and Kashmir and Ladakh.

The notification said that certain Central laws and rules which were applicable to Jammu and Kashmir earlier would continue to be made applicable to the two newly-created UTs.

It said the Union Public Service Commission, with the approval of President, shall serve the needs of the Union Territory of Ladakh.

It said that all the provisions of the Constitution have become applicable to Jammu and Kashmir with effect from August 5, and "any notification issued or order, rule or appointment made during the period between the August 5 and October 31 "are required to be protected, as if such actions have been taken in accordance with law".

Laws which were applicable to Kashmir "have been repealed and the proceedings and actions taken under those laws are required to be protected".

The notification said that the Jammu and Kashmir State Goods and Services Tax Act, 2017 has been made applicable to the two UTs.

"However, the Kashmir UT, being a Union Territory with Legislature shall have its own Goods and Services Tax, Act, 2017 whereas the Union Territory of Ladakh, being a Union Territory without Legislature shall be governed by the Union Territory Goods and Services Tax Act, 2017".

The notification said there are persons or authorities who have "taken oath under the Constitution of Jammu and Kashmir or any other law", and their actions and proceedings are required to be validated till the appointed day of the principal Act".

"It said for smooth transition of the State to successor Union Territories, the Central Government had already appointed the Advisory Committee before the appointed day of the said Act and therefore there is a need to validate the proceedings and actions taken by such Advisory Committee".

Laws like the J&K Bovine Breeding (Regulation of Production, Sale of Bovine Semen and Artificial Insemination) Act, 2018, the J&K Single Window (Industrial Investment and Business Facilitation) Act, 2018, the J&K Metropolitan Region Development Authorities Act, 2018 and the state National Law University Act, 2018 which are applicable to Kashmir are continued to be made applicable to the two UTs.

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