 the jammu and kashmir (extension of laws) bill, 1955(as introduced in lok sabha)  bill no 28 of 1956 the jammu and kashmir (extension of laws) bill, 1956 (as introduce!> in lok sabha)a bill to provide for the extension of certain laws to the state of jammu and kashmir be it enacted by parliament in the seventh year of the republic of india as follows: -• 1 (1) this act may be called the jammu and kashmir (extension short title and comof laws) act, 1956 menccment 5 (2) it shall come into force on such date as the central govern-ment may, by notification in the official gazette, appoint 2 (1) the acts and ordinance mentioned in the schedule and extension a 11 rules, orders and regulations made thereunder are hereby ,ex- and amrdtended to, and shall be in force in, the state of jammu and kashmir ::-\~w~~r-10 (2) with effect from the commencement of this act, the acts and ordinance mentioned in the schedule shall be amended as specified therein 3 any reference in any act or in the ordinance mentioned in construction the schedule to a law which is not in force in the state of jammu ~!f:£e:en= 15 and kashmir shall, in relation to that state, be construed as a in force in reference to the corresponding law, if any, in forc;e in that state l<aa~and - t· 4 any reference by whatever form of words in any law for the construction b'  f  th s  f j d k h  of references ime emg m orce in e tate 0 ammu an as mlf to any to authorities authority competent at the date of the passing of that law to whethe ~~w aut orltles 20 exercise any powers or discharge any functions in that state shall, have been where a corresponding new authority has been constituted by or constituted under any law now extendea to that state, have effect as if it were r reference to the new, authority repeals and uvdlgb 5 if immediately before the commencement of this act there , is in force in the state of jammu and kashmir any law corresponding to any act or ordinance now extended to that state, that law shall, save as otherwise expressly provided in this act, stand repealed on such commencement: 5 provided that the repeal shall not affect-, (a) the previous operation of any law s~ repealed or any· thing duly done or suffered thereunder, (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, 10 (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or (d) any investigation, legal proceeding or remedy in respect of any such right, }:>rivilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; 15 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: provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment or delegation 20 made, notification, instruction or direction issued, form, bye·law or scheme framed, certificate obtained, pennit 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 or ordinance now extended to that state, and shall, continue to be 2s in force accordingly unless and until superseded by anything done or any action taken under the said act or ordinance powertoremove diffi· culties 6 (1) if any difficulty arises in giving effect to the provisions of any act or ordinance now extended to the state of jammu and kashmir, the central government may, by order notified in the 30 official gazette, make such provjsions or give such directions as appear to it necessary for the removal of the diffi~ulty (2) in particular, and without prejudice to the generality of the foregoing power, anywch notified order may,-(a) specify the corresponding authorities within the mean- 3s ing of section 4, (b) provide for the transfer of any matter pending im~ mediately before the commencement of this act before court, tribunal or other authority, to any corresponding any court, tribunal or authority for disposal,  (c) specify the areas or circumstances in which, or the extent to which, or the conditions subject to which, anything done or any action taken (including any of the matters specified in the second proviso to section 5) under any law repealed by that section shall berecognised or given effect to under the corresponding provision of the act or ordinance now extended  the schedule (see section 2) a~s10 the opium act 1857 (13 of 1857) section i-in sub-section (2), omit "except the state of jammu \and kashmir" is the government savings banks act, 1873 (5 of 1873) sectjpn l-omit "except the state of jammu and kashmir" the negotiable instruments act, 1881 (26 of 1881) section i-omit tlexcept the state of jammu and kashmir" 20 sectiqn 3-omit the definition of "india" section 137-romit "or the state of jammu and kashmir" the police act, 1888 (3 of 1888) secticm i-for sub-section (2), substitute-2s "(2) it- extends to the whole of india" the indian merchandise marks act, 1889 (4 of 1889) section l-in sub-section (2), omit "except the state of jammu and kashmir" 30 section 2-omit clause (6) the live-stock importation act, 1898 (9 of 1898) section l-in sub-section (2), omit "except the state of jammu and kashmir" section 2-1n clause (c), for "the territories to which this act extends", substitute "india" section 3-in sub-section (1), for "the territories to which this act extends", substitute "india"  s the indian coinage act, 1906 (3 of 1906)section 1-ln sub-section (2), omit "except the state of jammu and kashmir" section 23-for "the territories to which this act extends" 10 substitute "india" the indian patents and' designs act, 1911 (2 of 1911) section 1-ln sub-section (2), omit "except the state of jammu and kashmir" section 2-(a) to clause (1), add "and in relation to the state is of jammu and kashmir, the advocate-general for that sta¥" (b) omit clause (7a) section 80-(a) in the opening paragraph of sub-section (1), for the portion beginning with the words "if immediately" and ending with the words "to which this act extends", substitute-20 "if immediately before-(i) the 18th day of april, 1950, in relation to any part b state other than the state of jammu and kashmir, and (ii) tire date of commencement of the jammu and kashmir (extension of laws) act, 1956, in relation to the 2s state of jammu and kashmir, there was in force in the part b state concerned" 3 of 1951 (b) in sub-section (2), after "part b states (laws) act, 1951,", insert "or section 5 of the jammu and kashmir (extension of laws) act, 1956," 30  the destructive insect~ and pests act, 1914 (2 of 1914)section i-in sub-section (2), omit "except the state of jammu and kashmir" ~ection 2-0mit clause (d) omi t section 4c section 5a-qmit "or exports or attempts to export from india to the state of jammu and kashmir any article or insect in respect ~ of which a notification under section 4c has been issued"  the indian copyright act, 1914 (3 of 1914)section 1-in sub-section (2), omit "except the state of jammu and kashmir" 10 section 2--"-omit clause (la)  the indian cotton cess act, 1923 (14 of 1923)section i-for sub-section (2), substitute-"(2) it extends to the whole of india: is provided that it spall not apply to the state of jammu and kashmir except to the extent to which the provisions of this act relate to the levy and collection of the "cess specified therein" section 3-(a) in sub-section (1), for "the territories to which 20 this act extends" and "the said territories", substitute "india" (bl tn sub-section (2), for "the territories to which this act extends", substitute "india"  the indian soldiers (litigation) act, 1925  (4 of 1925)25 section i-in sub-section ·(2), omit "except the state of jammu and kashmir" '!  the dangerous drugs act, 1930 (2 of 1930)throughout the act, for "the states", substitute "india" 30 section i-in sub-section (2), omit "except the state of jammu and kashmii" t section 2-omit clause (11)  the indian lac cess act, 1930 (24 of 1930)section 1-for sub-section (2), substitute-"(2) it extends to the whole of india: provided that it shall not apply to the state of jammu and s kashmir except to the extent to which the provisions of this act relate to the levy and collection of the cess specified therein"   the reserve bank of india act, 193410  (2 of 1934)section 1-in sub-section (2), omit "f'xcept the state of tammu and kashmir" section 2-0mit clause (g) after section 26, insert-certain bank notes to cease to be terti tender "26a notwithstanding anything contained in section 26, no 15 bank note of the denominational' value of five hundred rupees, one thousand rupees or ten thousand rupees issued before the 13th day of january, 1946, shall be le(gal tender in payment or on account for the amount expressed therein"  the petroleum act 193420 (30 of 1934) section 1-in sub-section (2), omit "except the state of jammu and kashmir" section 2-for clause (d), substitute-"cd) 'to transport petroleum' means to move petroleum 25 from one place to another in india:" 1n clause (e), for "the territories to' which this act extends", substitl1te "india" the insurance act, 1938  (4 of 1938)30 throughout the act, for "the states" and "the states of india", substitute "india" section l-in sub-section (2), omit "except the state of jammu and kashmir" section 2-om,itclause (14a) , 35 section 114-in clause (b) of sub·section (2), omit "in india or" and, "as the case may be",  the trade marks act, 1940 (5 of 1940)section i-in sub-section (2) omit "except the state of jammu and kashmir" 5 section 2-1n sub-section (1), omit d~ (dd) the agricultural produce cel8 act, 1940 (27 of 1940) section i-in sub-section (2), omit "except the state of  jammu and kashmir" 10 section 3-in sub-section (1), for "the territories to which this act extends", substitute "india"  the indian coconut committee act, 1944 (10 of 1944)section 1-for sub-section (2), substitute-"(2) it extends to the whole of india: provided that u shall not apply to the state of jammu and kashmir except to the extent to which the provisions of this act relate to the levy and collection of the duty of excise speci6ed therein" 20 section 3-in sub-section (1), for "the territories to which this art extends" and "the said territories" substitute "india" the indian oilseeds committee act, 1946 (9 of 1946) section 1-for sub-section (2), substitute-_ 25 "(2) it extends to the whole of india: provided that it shall not apply to the state of jammu :md kashmir except to the extent to which the provisions of this act relate to the levy and collection of the duty of excise and the duty of customs specified therein" 30 section 3-in sub-section (1),--(a) for "the territories to which this act extends", substitute "india"; (b) for "the said territories" occurring in two places, substitute "india" 35 the· delhi special police establishment a 0(, 1946 (25 of 1946) section i-in sub-section (2) omit "except the state of jammu and kashmir"  the foreign exchange regulation act, 1947 (7 of 1947)throughout the act, ,for "the states", substitute -"india" section 1-in sub-section (2), omit "except the state of jammu and kashmir" 5 section 2-omit clause (m) and re-letter clause (n) as clause (m)  the antiquities (e:1:port control) act, 1947 (31 of 1947)section 1-in sub-section (2), omit "except the state of jammu 10 and kashmir" section 2-ln clause (b), for "the territories to 'vhich this act extends", substitute "india"  the atomic energy act 194815 (29 of 1948) section 1-ln sub-section (2), omit "except the state of jammu and kashmir" section is-in sub-:;ection (3), for "advocate-general of india", substitute "attorney-general for india" the banking companies act, 1949 20 (10 of 1949) section 1-in sub-section (2), omit "except the state of jammu and kashmir" section ~'·-in sub-section (1), omit clause (gg) section 11-ln the explanation to sub-section (1), for "in india" 25 substitute "in a state" the banking companies (legalpractitione7'q' clients' account,,) act, 1949  (46 of 1949)~e,ction 1-ln sub-section (2), omit "except the state of jammu 30 and kashmir" the emblems end names (pii'eventicm, of improper use) act 1950 (12 of 195cij section l-in sub-section '(2), omit "except the state of jammu and kashmir" 35  the government premises (eviction) act, 1950 (27 of 1950)section l-in sub-section (2), omit "except the state of jammu and kashmir"  5 section 2-for clause (b), substitute-"(b) 'government premises' means,-10 (i) in relation to the state of jammu and kashmir, any premises or land belonging to, or taken on lease by or on behalf of the central government, or acquired or requisitioned on behalf of the central government by the state government; and 15 20 (ii) in relation to the rest of india, any premises or land' belonging to, or taken on lease or requisitioned by, the central government or requisitioned by the competent authority under the requisitioning and acquisition of immovable property act, 1952, and, fn l-elation to the state of delhi, includes also any premises or land belonging to any municipality in delhi or any land belonging to the improvement trust delhi, whether such land is in the possession of, or leased out by, the improvement trust;" - the state financial corporations act, 1951 (63 of 1951) section i-in sub-section (2), omit "except the state of jammu and kashmir" the state armed police foi'ccs (extension of laws) act,' 1952 25 (63 of 1952) section i-in sub-section (2), omit "except the state of jammu and kashmir" the khadi and other handloom indust'l'ies development (additional ercise duty on cloth) act, 1953 30 (12 of 1953) section i-in sub-section (2), omit "except the state of jammu and kashmir" seclion 2,-for clause (a), substitute-"(a) 'appointed day' means,-35 (i) 'in relation to the state of jammu and kashmir, the date on which the jammu and kashmir (extension of laws) act, 1956, comes into force in that state; and ~ (ii) in relation to the rest of india, the 15th day of february, 1953;" section 3-in sub-section (1), for "the territories to which this act extends", substitute "india"  the sajt ,cess act 19535  (49 of 1953)section i-in sub-section (2), omit "except the state of jammu and kashmir" section 3-for "the territories to which this act extends", substitute "india" 10  the companies act, 1956 (1 of 1956)section i-for sub-section (3) ,substitute-"(3) it extends to the whole of india: provided that it shall not apply to the state of jammu 15 and kashmir except to the extent to which the provisions of this act relate to the incorporation, regulation and winding up of banking nsurance and financial corporations" section 2-0mit clause (20) section 3-in sub-section (1), for sub-clause (f) of clause (ii), 20 substitute- "(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, 25 before the extension thereto of the indian companies act, 7 of 1<113 1913; or part and 30 (2) in the state of jammu and kashmir, or any thereof, 'before the commencement of :he jammu kashmir (extension of laws) act, 1956;" in suh-sf'ction (2), omit clause (b) section 226-1n clause (a) of sub-section (2), before "entitling him to act", insert ",or of the jammu and kashmir (extension of laws) act, 1956,8s the case may be,"  'i section 558-in sub-section (i), omit the explanatior! 35 section 565-1n sub-section (3), omit "or in the state of jam~l1 and kashmir" section 582-ln sub-clause (m) of clause (a), omit "or in the state of jammu and kashmir immedia~~ly before the 26th january, s 1950" i  ordinance -the currency ordinance, 1940 (4 of 1940) section 1-111 sub-section (2), omit "except the state of jammu :::0 and kashmir" i section 2-for "the territories to which thir ordinance extends", and "the said territories", substitute "india"  statement of objects and reasonsthe entries in the union list in the seventh schedule to the constitution in respect of which--parliament has power to make laws for jammu and kashmir are set out in the constitution (application to jammu and kashmir) order, 1954 central laws relating to some of these matters have already been extended to jammu and kashmir this bill is intended to e)ltend to the state some of the other central laws relating to these subjects govind ballabh pant new delhi; the 7th april 1956  financial memorandumthe extension to jammu and kashmir of some of the acts mentioned in the schedule to the jammu and kashmir (extension of laws) bill, 1956, will involve expenditure from the consolidated fund of india, but it is not possible to estimate the precise amount  memorandum regarding delegated legislationclause 6 of the bill empowers the central government to issue orders in the official gazette for the removal of difficul\ies that may arise in giving effect to its provisions the bill seeks to extend various act1\ 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--see for instance section 6 of the taxation laws (extension to merged states and amendment) act, 1949 (67 of 1949), section 7 of the part b states (laws) act, 1951 (3 of 1951) and section 8 of the taxation laws (extension to jammu and kashmir) act, 1954 (41 of 1954) 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 circumstances, is not of an exceptional character a bill to provide for the extension of certain laws to the state of jammu and kashmir the president has, in pursuance of clauses (i) and (3) of article i 17 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill secretary minister of home affairs) 