 it-ri~ c,&'j1"',dal lavis (3xt~j sion to jallflvlu and kashmir) bill, 1967 (to be/as introduced in lok sabha)1 ~age 2, line 25,-after "penal ty" insert " 'i , 2 page 5, line 5,-for "corporation" x~ "coltporations" 3 page 5, line 28,-after "kashmir" q!!!i:t it " - 4 page 12,  line 6,-for iigovedrunent" !:w "government" - 5 page 17, in the marginal heading to section 56,-after "death" insert-t'in certain" neh delhi-july 18, 1967 asadha 27, 1889 ( saka) - bill no 101 011'" the central laws (extension to jammu and kashmir) bill, 1967 a billto provide for the extension of certain central lawb to the state of jammu and kashmir be it enacted by parliament in the eighteenth year of th\! republic of india as follows:-1 (1) this act may be called the central laws (extension 10 short jammu and kashmir) act, 1967 tltjeand commence-s (2) it shall come into force on such date as the central gov- 1dtiftt emment may, by notification in the official gazette, appoint 2 (1) the acts mentioned in the schedule and all rules, orders estenand reeu1ations made thereunder are hereby extended to, add lion add shall be in fore  in, the state of jammu 8jld kashmir amend ment of 10 (2) with elect from the eommeacemeut of this ad, tbe acu certain mentieded ill the schedule shan be amended as sped"" thereid , jaw, 3 any reference in any act mentioned in the' schedule to ~ law which is not in force in the state of jammu and kashmir shall, in relation to that state, be co'nstrued as a reference to the corresponding law, if a'ny, in force in that state construction of references to luws not in force in jammu and kashmir 4 any reference by whatever form of words in any law for 5 the time being in force in the state of jammu and kashmir to any authority competent at the date of the passing of that law to ex!!rcise any powers or discharge any functions in that state shall, where a corresponding new authority has heen constituted by or under any law now extended to that state, have effect as if it were 10 a reference to the new authority construction of reference!! to authoritie! where new authorities have ~ecn constituted repeals and savings 5 if immediat~ly before the commencement of this act there is in force in the state of jammu and kashmir any law corresponding to any act now extended to that state, that la w shall, save as otherwb:e expressly provided in this act, stand repealed on such j 5 commencement: provided that the rep<!al shal) not affect-• - -- (a) the previous operation of any law so repealed or any- thi'oa duly done or suffered thereunder, (b) any right, privilege, obligation or liability acquired, ac- 20 crued or incurred under any law so repealed, (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or (d) any investigation, legal proceeding or n:medy in respect of any such right, privilege, obligation, liability, penalty for- 25 feiture or punishment as afore~aid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this act had not been passed:  provide!d further that, subject to the preceding proviso, anything 30 do~ or any action taken (including any appointment or delegation maide, rtotircation instruction or direction issued" form, bye-law or 9cheme framed, certificate obtained, permit or licence granted or registration effected) under any such law shall be deemed to have been done or taken under the corresponding provisions of the act now extended to that state, and shall continue to be in force accord-s ingly unless and until superseded by anything done or any rction taken under the said act 6 (1) if any difficulty arises in giving effect to the pmvisions of power any act now extended to the state of jammu and kashmir, the to remove central government may, by order notified in the official gazette ~iftlcul-10 k h    h ~ t· t 't tiel, rna e suo provisions or give suc iu,rcc 10ns as appear 0 j necessary for the removal of the difficulty (2) in particular, and without prejudice to the generality of the foregoing power, any such notified order may,-(a) specify the corresponding authorities within the mean-ising of section 4 (b) provide for the transfer of any matter pending immediately before the commencement of this act before any court, tribunal or other authority, to any corresponding court, tribunal or other authority for disposal, 20 (e) specify the areas' or circumstances in which, or the extent to which, or the conditions subject to which, anythlnlo! d<me or any action taken (i'ncluding any of the matters specified in the second proviso to section 5) under any law repealed by that section shall be recognised or given effect to under the carresas ponding provision of the act now extended  acts the official trustees act, 1913 (2 of 1913)5 section i-in sub-section (2), omit "except the state of jammu and kashmir"  the motor vehicles act, 1939 (4 of 1939)section i-in sub-section (2), omit "except the state of jammu 10 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) 8«tion 29-ln sub-sectio'n (1) ,-15 (a) in clause (a) omit "or"; (b) omit clause (b) section 3b-for sub-section (4), substitute-"(4) a certificate of fitness issued under this act shall, while it remains effective, be valid throughout india" 20 section 42-ln sub-section (3), omit clause (h) section 63-omit sub-sectio'n (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"; 25 (b) in sub-section (6), omit "of the state of jammu bnd 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 30  (29 of 1950)section i-in sub-section (2), omit "except the state of jammu and kashmir"  s the road transport corporation act, 1950 (64 of 1950) section i-in sub-section (2), omit "the state of jammu and kashmir and"10 the mines act, 1952 (35 of 1952) section i-in sub-section (2), omit "except the state of jammu and kashmir"  the essential commodities act, 1955 (10 of 1955)15 section i-in sub-section (2), omit "except the state of jammu and kashmir" the companies act, 1956 (1 of 1956) section i-in sub-sectio'n (3) ,-20 (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), inl'ert at the end "in so far as banking, insurance and financial corporations are concerned, and before the commencement of the cen-2s tral laws (extension to jammu and kashmir) act, 1967 i'n so far a~ other corporations are concerned" after section 620b, insert-"special provision a~ to companies in jammu and kashmir 30 62oc the central government may by notification in the special officia'l gazette direct that with effect from the commencement provision of the central 'laws (extension to jammu and kashmir) act, 8j; to compa-1967 or any subsequent date, any of the provisions of this act niea in specified in the notification shall not apply, or shall apply only jammu with such exceptions and modifications or adaptaticna as may and be specified in the notification, to- kashmir 35 (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 (exten sion to jammu and kashmir) act, 1967   the apprentices act, 1961 (52 of 1961)section 1-ln sub-section (2), omit "except the state of jammu and kashmir"  the administratorsg&neral act, 1963 (45 of 1963)section l-ln 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"; (0 (b) after sub-sectio'n (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, 1967 shall, after such commencement, be as is effective as if such probate or letters of admi'nistration had been granted under this section" omit section 21 section 37-(a) in clause (a), for "to which this act extends", substitute "in india"; 20 (b) omit "or in the state of jammu and kashmir" spction 56-for "the territories to which this act exte'nds" rnd for "the said territories", substitute "india"  statement of objects and reasonsthe president has issued orders under article 370 of the constitution rpplying certain entries in the union and concurrent list!! in the seventh schedule to the constitution to jammu and kashmir state "chis bill is intended to extend some of the central laws relating to these subjects to that state, new delhi; the 22nd mcuy, 1967 y b chavan  presidents recommendation under article 117 of the constitution of india[copy of letter no f 1/13/67-k, dated the 13th july, 1967 from shri y b chavan, minister of home affairs to the secretary, lok sabha]  the president having been informed of the subject-matter of the central laws (extension to jammu and kashmir) biu, 1967, recommends to the lok sabha the introduction and consideration of the bill under article 117 (1) and (3) of the constitution  financial memorandumclause 2 of the bill read with the schedule to the bill seeks to extend to the state of jammu and kashmir the central acts mentioned in the schedule the extension o! some of the acts mentioned in the schedule, indicated below, will involve expenditure from the consolidated fund of india the financial implications of the exte'nsion of the said acts are set out below:- the mines act, 1952the chief inspector of mines will be responsible for the enforcement of the act in the state of jammu and kashmir also arecurr-:ng expenditure of rs 1,000/- on the travelling allowances of officers visiting the mines located in the state for inspection purposes for about four months in a year would be incurred expenditure to the extent of rs 1,000/- is likely to be incurred during the current inancial year (1967-68)  the apprentices act, 1961assuming that on an average 180 apprentices would be placed in industry in jammu and kashmir state during the three years of the fourth plan from 1968-69 to 1970-71, the total expenditure for that period on this account is estimated at rs 1242 lakhs as most of the employers in the state are likely to be employing leia than 500 workers in an establishment, 50 per cent share of government for the period in question would come to rs 621 lakhs of this, the share of the central government and the state government would be about rs 373 lakhs and rs 248 lakhs, respectively the annual expenditure on the part of the central government is estimated at rs 124 lakhs no expenditure will be incurred on this account during the current ftnanctal year  (1967-68)  the companies act, 1956the main expenditure to be incurred would be in regard to the establishment of the offices of the registrar of companies and of the official liquidator in jammu and kashmir state under the provisions of sections 609 and 448, respectively, of the act this expenditure will be of a recurring nature a sum of rs 17,000/- is likely to be "'lcpended during the current financial year (1967-68) 2 the extension of the acts aforesaid to the state of jammu and kashmir will thus involve the central government in an approximate expenditure of rs 1,42,000/- per annum insofar as the curre'nt financial year (1~7-68) is concerned, a sum of rs 18,000/- will be expended and this expenditure will be met by the ministries admi-'jlistratively concerned with the acts from their own budgets provisions during future years will also be made by those ministries in their budgets  memorandum regarding delegated legislationclause 6 of the bill empowers the central government to provide by orders notified in the official gazette for the removal of difficulties that may arise in giving effect to its provisions the bill seeks to extend various acts to the state of jammu and kashmir and it is the normal practice to insert in bills extending enactments to territories, a provision for the removal of difficulties which may arise in the course of transition from the old to the new state of affairs clause 6 (2) of the bill indicates the principal matters in respect of which orders may be issued the delegation of legislative power, in the circumsta'nces, is of normal character  annexure "'4xtract ji'rom the official trustees act, 1913 (2 of 1913)- - - - - 1 (1) - - - - - short till (2) it extends to the whole of india except the state of jammu ext~t and kashmir and - - - - - commence-m~nt  - extracts from the motor vehicles act, 1939 (4 of 1939) - • •- 1 (1)                 -                            -                                      -                                                -                                                          -     (2) it extends to the whole of india except the state of and kashmir:                                                                      short                                                                     title,                                                            jammu extent                                                                      and - 2        - -    - - means the                                  cam-           -                         -                                  mcnce-                                 ment -         -                   -                                  deftni-territories to which this act ex- tions "india"     (9a) tends;    - 9 (1)     - -   - -                                        -                                                   -                                -                                         -                                                -                                                           extent of    (2) subject, in the case of international driving permits issued in validity pursuance of any international convention relative to motor traffic ~! driv-to which the central government is for the time being a party, to llc~nce any rules made by the central government under section 92 and subject in any other case to the provisions of sub-section                                                       (4) a driving licence to drive a motor vehic1e issued by a competent authority in the state of jammu and kashmir shall, if the holder is ordinarily resident in that state, be valid throughout india as if it were a driving licence issued under this act:   provided that such holder is not disqualified under any of the pro-visions of this act for holding or obtaining a driving licence in india         -                    -                                 -                                             -                                                          - ii     (4) if the central government is satisfied that licences issued in india under this aot are not effective in the state of jammu and kashmir or are effective subject to unreasonable conditions or that like conditions and requirements to those imposed by this act are not imposed in a reasonable degree upon the issue of licences in the state, the central govednment shall,                                               by notification                                                                     in the official gazette, declare that licences generally or any particulaj; class of dri-ving l~cence issued in that state shall not be valid in india            -                            -                                             -                                                              -                                                                               - 28 (1)                 -                                -                                                 -                                                                 -                                                                                  - effectiveness in india of registration (2) subject, in the case of international motor vehicle certificates issued in pursuance of any international convention relative to motor traffic to which the central government is for the time being a party, to any rules made by the central government under section 92, and subject in any other case to the provisions of sub-section (3) and subsection (4) of this section, a motor vehicle registered by a competent authority in the state of jammu and kashmir shall not require to be registered in india: provided that there is in force in respect of the vehicle a certificate issued by the competent authority conforming to and containing substantially the same particulars as a certificate of registration in form g as set forth in the first schedule and that such certificate does not assign to the vehicle a standard of performance in any respect materially greater than that assignable or permissible under this act or the rules made thereunder for a motor vehicle of like make and model in the state in which the vehicle is to ,be driven (3) a certificate complying with the requirements of the proviso to sub-section (2) shall be effective throughout india and the provisions of this act shall be applicable thereto as if it were a certificate of registration issued under this act (4) sub-section (2) shall not apply to any motor vehicle previously registered in india, if the certificate of registration of the vehicle in india is for the time being suspended or cancelled for any reason other than that of permanent removal of the vehicle from india (5) if at any time the central government is satisfied that motor vehicles registered in india under this act are 'not permitted to be driven in the state of jammu and kashmir without fresh registration in the state or are permitted to be driven only subject to unreasonable conditions or' that like conditions and requirements to those imposed under this act (incl\lding the specification of the particulars required by form g as set forth in the first schedule) are not imposed in a reasonable degree upon the issue and for the continued effectiveness of certificates of registration in the state as aforesaid, the central government shall, by notification in the official gazette, declare that certificates of registration generally or in respect of any particular class of motor vehicle issued in the state shall not be effec· tive in india 29 (1) when a motor vehicle-(a) registered in one state has been kept in another state, or assign! ment 0 (b) registered in the state of jammu and kashmir has been fresh re kept in india, gilltnfor a period exceeding twelve months, the owner of the vehicle shall ~:'k on apply to the registering authority, within whose jurisdiction the vehi- removal cle then is, for the assignment of a new registration ~ark and shall t(\ present the certificate of registration to that registering authority 8snother tate  - - - -  - - - 38 (1) - - - -  ecrti-(4) a certificate of fitness issued under this act shall, while it fteate of remains effective, be valid throughout india, and a state govern- tl:n:ss ment may, by notification in the official gazette, declare that subject ;o;anato such conditions as may be specified in the notification, certificates vehicles of fitness issued by a compete''dt authcrity in the state of jammu and kashmir shall, while they remain effective, be valid in the state as if they were issued under this act   - -   necesliity for permits  - 42 (i)  - - (3) sub-section (i) shall not apply-- - - (h) subject to any prescribed c(]ilditions to any transport vehicle owned by the government of the state of jammu and kashmir and used for government purposes unconnected with any commercial enterprise; or -   63 (i)  - - - - -  - validatfon of (5) a state government may, by rules made under section 68, permits specify the conditions subject to which a document issued by a com for use petent authority in the state of jammu and kashmir authorising r~~~~e the use of a motor vehicle as a transport vehicle may be deemed 11'1 which granted for the purposes of sub-section (1) to be a permit, granted under this chapter in the state duty of insurers to satisfy judgments against persons insured ill respect of third party risks    -  - 96 (1) - - - - - (2a) where any such judgment as is referred to in sub-6ection (1) is obtained from a court in the state of jammu and kashmir or in a reciprocating country and in the case of a foreign judgment is, by virtue of the' provisioo'l9 of section 13 of the code of civil procedure, 1908, conclusive as to any matter adjudicated upon by it, lof 1008 the insurer (being an insurer registered under the insurance act, 1938, 8iild whether or not he' is registered under the coltesponding 4 of 1'1138 law of the reciprocating country) shall be liable to the person entitled to the' benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgment were given by a court in india: provided that no sum shall be payable by the insurer in respect of any such judgment unless, before or after the commencement of the proceedings in which the judgment is given, the insurer had 'notice through the court concerned of the bringing of the proceedings and the insw-er to whom notice is so given is entitled under the corresponding law of the state of jammu and kashmir or of the reciprocating country, to be made a party to the proceedings and to defend the action on grounds similar to those specified in subrrection (2) - - - - - - - - (6) no insurer to whom the notice referred to in sub-section (2) or sub-section (2a) has been given shall be entitled to avoid his liability to any person entitled to the benefit of any such judgment as ils referred to in sub-section (1) or sub-section (2a) otherwise than in the manner provided for in sub-section (2) or in the corresponding law of the state of jammu and kashmir or of th~ reciprocating country, as the case may be - - - - the sixth schedule  [see sections 24 (3) and 29 (2)] registration marksone of the groups of letters specified in the seco'nd column followed by anyone other letter shall be used as the registratio'll mark for a vehicle in the state specified in the first column - - - - wb,wg - - - - west bengal - - - "  - txtract from the transfer of prisoners act, 1950 (29 of 1950)    1 (1)  - -  - - -   - short titlt: and (2) it extends to the whole of india except the state of jammu extent nnd kashmir - -  - extract from the road transpora' cottporations act, 1950 (64 of 1950) - - -  1 (1)     - short (2) it extends to the whole of india except the state of tammu title, and kashmi,r and the union territory of delhi cy-tdcnt an com·      mcnooment extract from the minfs act, 1952 (35 of 1952) 1 (1)     - short tille,  (2) it extends to the whole of india except the state of jammu extent and kashmir and com·      mence· ment - -  extract from the essential commodities act 1955 (10 of 1955) - • - • -  -  1 (1) short (2) it extends to the whole of india except the state of jammu title and kashmir and extent - extracts from the companies aj:r, 1956 (1 of 1956) - - - - 1 (1)·     short (3) it extends to the whole of india: title, com-provided that it shall not apply to the state of jammu and menee kashmir except to the extent to which the provisions of this act ment and relate to the incorporation, regulation and winding up of banking, extent insurance and ftnancifl corporations: j ,  provided further that it shall apply to the state of nagaland subject to such modifications, if any, as the central government may by notification in the official gazette, specify  - - - -  3 (1) in this act, unless the context otherwise requires, the expressions "company", "existing company", "private company" and "public company" shall, subject to the provisions of sub-section (2) i have the meanings specified below:-     (vi) "existing company" means a company formed and registered under any of the previous companies laws specified below:-     definitions of "company", "existing company", "private company", and "public compeny"  ~f) any law corresponding to any of the acts or the ordinance aforesaid and in force-(1) in the merged territories or in a part b state (other than the state of jammu and kashmir), or any part thereof, before the extension thereto of the indian companies act, 1913; or 7 of 1913 (2) in the state of jammu and kashmir, or a'ny part thereof, before the commencement of the jammu and kashmir (extensi()n of laws) act, 1956; 62 of 1956       - extract from tile ,apprentices act, 1961 (52 of 1961)     short title, 1 (1)'"     extent, (2) it extends to the whole of india except the state of jammu commence- and kashmir ment and application  extrcts from tile administrators-general act, 1963 (45 of 1963)     1 (1)      (2) it extends to the whole of india except the state of jammu and kashmir      short title, extent and commencement effect of probate or letters granted to administrator_ general 20 (1) probate or letters of administration granted by the high court to the administrator-general of any state shall have effect over all the assets of the deceased throughout the territories to which this act extends and shall be conclusive as to the representative title against all debtors of the deceased and all persons holding such assets, and shall afford full indemnity to all debtors paying their debts and all persons deliveri'ng up such assets to such administrator-genera1 - - - - 21 probate or letters of administration granted by the high court far the state of jammu and kashmir to the administrator-general of that state shall have effect over all the assets of the ef!eet of ,rant by thl' hflh court of deeamlci ~ u tile state 110 1de hi&h eaun, oi which - ~ eerwicate ia  10 by 4lbe hieh court for the state at jammu and am xlbm1r that such grant hu been made, and ihall be conc1uaive :  as to the representative title &ainst all debton of the deceued and all perloili holding iuch assets, add shall a1!ord full indemnity to all debtors paymg their debt and: iii per8ol'l8 deliverina uip wch  to such adminiltntorqeneral  - - - - - 37 ~ (a) a penon not having his domicile in any state to which tranafer ~ act utead8 hu died leaving u98tii in any state and in the of certain country in which he had his domicile at the time of his death, ~etat te  8cu or and or admi-(b) proceedinp for the adminwtration cjf hui estate with nistratol' respect to 8agets in any such state have been taken under lec- :"coc:;ntion 29 or section 30, and domicile (c) there has been a grant of administration in the cou'ntry for dlstri· of dimiclle with respect 1:0 the aaseta in that country, bution the holder of the certificate granted under section 2~ or section 30, or the administrator-general, 8& the cue may be, after havin& given the prescribed notice for credliton and others to send in to him their claims against the estate of the deceased, and after having discharged, at the expiration of the time therein named, such lawful claims as he has notice of, may, initead of himself distributing any surplus or residue of the deceased' property to persons residing out of india or in the state of jammu and kashmir who are en,trled thereto, transfer, with the cxmsenjt of the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to iwn for dutribution to thole persons - - - - - 56 notwithstanding anything in tltis act, or in any other law proyifor the time ,being in force, the central goverrljiw!llt may, by gene- aion tor ral or special order, ciiirect that, where a subject of a foreign stat adminildies in the territories to which this act extends, and it appears that ~:~~~_ there is no one in the 8iid territories, other than the administrator- lular general, entitled 110 apply to a court of competent jurisdiction for otftcer letters of administration of the estate of the deceased, letters of in cue adminiatration shall, oa the application to such court by any consu- 0lt death ~ c rcwnfar oftlcer ott iiuch 1,-1  state, be granted to such coosular vlucer t "' lances :>n such terms and conditioos  the court may, subject to any 0: rules made in th1t behalf by the central govenunent, think fit to foreicn impose subject - - - - -  a billto provide for the extension of ccrtllin central laws to the state of jammu and kashmir (shri y e, chpvlm, minister of home affairs) 