[Reader-list] The Constitution of Jammu and Kashmir, 1956 - Legal Document No 140

[Pawan Durani]

Dear Aarti ,

Sometimes I feel the readers should be fed with some intresting facts which
are otherwise ignored.

Pawan
Was your mail intended for me or the group ?



On 12/6/07, Aarti Sethi <aarti.sethi at gmail.com> wrote:
>
> Dear Pawan,
>
> Fascinating. But exactly what is this in aid of?
>
> best
> Aarti
>
>
> On Dec 4, 2007 11:42 AM, Pawan Durani <pawan.durani at gmail.com > wrote:
>
> > *The Constitution of Jammu and Kashmir, 1956*
> > Legal Document No 140
> >    *(Extract)*
> >
> > We, the people of the State of Jammu and Kashmir, having solemnly
> > resolved,
> > in pursuance of accession of this State to
> > India which took place on the twenty-sixth day of October, 1947, to
> > further
> > define the existing relationship of the State with the Union of India as
> > an
> > integral part thereof, and to secure to ourselves.
> >
> > *JUSTICE*, social, economic and political;
> > *LIBERTY* of thought, expression, belief, faith and worship; EQUALITY of
> >
> > status and of opportunity; and to promote among us all;
> > *FRATERNITY*, assuring the dignity of the individual and the unity of
> > the
> > Nation;
> >
> > *IN OUR CONSTITUENT ASSEMBLY* This seventeenth day of November, 1956 do
> > Hereby Adopt Enact and Give to ourselves this constitution.
> >
> > *PART I*
> > *PRELIMINARY*
> >
> > 1. (1) this Constitution may be called the Constitution of Jammu and
> > Kashmir.
> >
> >  (2) This section and sections 2,3,4,5,6,7,8, and 158 shall come into
> > force
> > et once and the remaining provisions of this constitution shall come
> > into
> > force on the twenty-sixth day of January, 1957, which day is referred to
> > in
> > this Constitution as the commencement of this Constitution.
> >
> > 2. (I) In this Constitution, unless the context other-wise
> > requires.
> >
> > (a) "Constitution of India" means the Constitu-tion of India as
> > applicable
> > in relation to this State.
> >
> > (b) "existing law" means any law, ordinance, order bye-law, rule
> > notification; or regulation based, made or issued before the
> > commence-ment
> > of this Constitution by the Legislature or other competent authority or
> > person hav-ing power to pass. make or issue such law, ordinance, order
> > bye-law rule, notification or regulation;
> >
> > (c) "Part" means a part of this Constitution;
> >
> > (d) "Schedule" means a schedule to this Constitution; and
> >
> > (e) "taxation" includes the imposition of any tax or impost, whether
> > general
> > or local or special, and "tax" shall be construed accordingly.
> >
> > (2) Any reference in this Constitution to Acts or laws of the State
> > Legislature shall be construed as in-cluding a reference to an
> > Ordianance
> > made by the Sadar-i-Riyasat.
> >
> > *PART II*
> > *THE STATE*
> >
> > (3) The State of Jammu and Kashmir is and shall be an integral part of
> > the
> > Union of India.
> >
> > (4) The territory of the State shall comprise all the territories which
> > on
> > the fifteenth day of August, 1947, were under the sovereignty or
> > suzerainty
> > of  the Ruler of the State.
> >
> > (5) The executive and legislative power of the State extends to all
> > matters
> > except those with respect to which Parliament has power to make laws for
> > the
> > State under the provisions of the Constitution of India.
> >
> > *PART III*
> > *PERMANENT RESIDENTS*
> >
> > (6) (l) Every person who is, or is deemed to be, a citizen of India
> > under
> > the provisions of the Constitution of India shall be a permanent
> > resident of
> > the State, if on the fourteenth day of May, 1954.
> >
> > (a) he was a State subject of class I or of class II: or
> >
> > (b) having lawfully acquired immovable pro-perty in the State, he has
> > been
> > ordinarily resident in the State for not less than ten years prior to
> > that
> > date.
> >
> > (2) Any person who, before the fourteenth day of May, 1954 was a State
> > subject of Class I or of Class II and who, having migrated after the
> > first
> > day of March, 1947, to the territory -now included in Pakistan, returns
> > to
> > the State under a permit for resettlement in the State or for permanent
> > return issued by or under the authority of any law made by the State
> > Legislature shall on such return be a permanent resident of the State.
> >
> > (3) In this section, the expression "State subject of Class I or of
> > Class
> > II" shall have the same -meaning as the State Notification No I-L/84
> > dated
> > the twentieth April. '1927, read with State Notification No 13/L dated
> > the
> > twenty- seventh June, 1932.
> >
> > 7. Unless the context otherwise requires, all referen-ces in any
> > existing
> > law to hereditary State subject or to State subject of class I or of
> > Class
> > II or of class III shall be construed as references to perma-nent
> > residents
> > of the State.
> >
> > 8. Nothing in foregoing provisions of this part shall derogate from the
> > power of the State legislature to make any law defining the classes the
> > persons who are, or shall be permanent residents of the State.
> >
> > 9. A Bill marking provision for any of the following matters, namely.
> >
> > (a) defining or altering the definition of, the classes of persons who
> > are,
> > or shall be, per-manent residents of the State;
> >
> > (b) conferring on permanent residents any special rights or privileges;
> >
> > (c) regulating or modifying any special rights or privileges enjoyed by
> > permanent residents;
> > shall be deemed to be passed by either House of the Legislature only if
> > It
> > is passed by a majority of not less than two-thirds of the total
> > membership
> > of that House.
> >
> > 10. The permanent residents of the State shall have all the rights
> > guaranteed to them under the Constitution of India.
> >
> > *PART IV*
> > *DIRECTIVE PRINCIPLES OF STATE POLICY*
> >
> > 11. In this part, unless the context otherwise requires, the State
> > includes
> > the Government and the Legis-lature of the State and all local or other
> > authori-ties within the territory of the State or under the control of
> > the
> > Government of the State.
> >
> > 12. The provisions contained in this Part shall not be enforceable by
> > any
> > court, but the principles therein laid down are nevertheless fundamental
> > in
> > the governance of the State and it shall be the duty of the State to
> > apply
> > these principles in making laws.
> >
> > 13. The prime object of the State consistent with the ideals and
> > objectives
> > of the freedom movement envisaged in "New Kashmir" shall be the
> > pro-motion
> > of the welfare of the mass of the people by establishing and preserving
> > a
> > socialist order of society wherein all exploitation of man has been
> > abolished and wherein justice-social, economic and political-shall
> > inform
> > all the institutions of natio-nal life.
> >
> > 14. Consistently with the objectives outlined in the foregoing section,
> > the
> > State shall develop in a planed manner the productive forces of the
> > coun-try
> > with a view to enriching the material and cul-tural life of the people
> > and
> > foster and protect.
> >
> > (a) the public sector where the means of produc-tion are owned by the
> > State;
> >
> > (b) the co-operative sector where the means of
> > production are co-operatively owned by indi-viduals or groups of
> > individuals; and
> >
> > (c) the private sector where the means of produc-tion are owned by an
> > individual or a corpora-tion employing labour, provided that the
> > operation
> > of this sector is not allowed to result in the concentration of wealth
> > or of
> > the means of production to the common detriment.
> >
> > 15. The State shall endeavour to organise and develop agriculture and
> > animal
> > husbandry by bringing to the aid of the cultivator tile benefits of
> > modern
> > and scientific research and techniques so as to ensure a speedy
> > improvement
> > in the standard of living as also the prosperity of the rural masses.
> >
> > 16. The State shall take steps to organise village panchayats and endow
> > them
> > with such powers and authority as may be necessary to enable them to
> > function as units of self-government.
> >
> > 17. The State shall, in order to rehabilitate, guide and promote the
> > renowned crafts and cottage indus-tries of the State, initiate and
> > execute
> > well consi-dered programmes for refining and modernising techniques and
> > modes of production, including the employment of cheap power so that
> > unnece-ssary drudgery and toil of the workers are elimi-nated and the
> > artistic value of the products en-hanced, while Else fullest scope is
> > provided for the encouragement and development of individual talent and
> > initiative.
> >
> > 18. The State shall lake steps to separate the judiciary from the
> > executive
> > in the public-services, and shall seek to secure a judicial system which
> > is
> > humane, cheap, certain, objective and impartial, whereby justice shall
> > be
> > done and shall be seen to be done and shall further strive to ensure
> > efficiency, im-partiality and incorruptibility of its various organs of
> > justice, administration and public utility.
> >
> > 19. The State shall, within the limits of its economic capacity and
> > development, make effective provi-sion for securing:
> >
> > (a) that all permanent residents, man and women equally, have the right
> > to
> > work, that is, the right to receive guaranteed work with pay-ment for
> > labour
> > in accordance with its quan-tity and quality subject to a basic minimum
> > and
> > maximum wage established by law;
> >
> > (b) that the health and strength of workers, men and women and the
> > tender
> > age of children are not abused and that permanent residents are not
> > forced
> > by economic necessity to enter avocations unsuited to their sex, age or
> > strength;
> >
> > (c)    that all workers, agricultural or otherwise have reasonable, just
> > and
> > humane conditions of work with full enjoyment of leisure and social and
> > cultural opportunities, and
> >
> > (d) that all permanent residents have adequate maintenance in old age as
> >
> > well as in the event of sickness, disablement unemployment and other
> > cases
> > of undeserved want by providing social insurance, medical aid,
> > hospitals,
> > sana-toria and health resorts at State expense.
> >
> > 20. The State shall endeavour:
> >
> > (a) to secure to every permanent resident the right to free education
> > upto
> > the University standard;
> >
> > (b) to provide, within a period often years from the commencement of
> > this
> > constitution, com-pulsory education for all children until they complete
> > the
> > age of fourteen years; and
> >
> > (c) to ensure to all workers and employees ade-quate facilities for
> > adult
> > education and part -time technical, professional and vocational courses.
> >
> > 21. The State shall strive to secure:
> >
> > (a) to all children the right to happy childhood with adequate medical
> > care
> > and attention; and
> >
> > (b) to all children and youth equal opportunities in education and
> > employment, protection against exploitation, and against moral or
> > material
> > abandonment.
> >
> > 22. The State shall endeavour to secure to all women:
> >
> > (a) the right to equal pay for equal work;
> >
> > (b) the right to maternity benefits as well as ade-quate medical care in
> > all
> > employments;
> >
> > (c) the right reasonable maintenance, extending to cases of married
> > women
> > who have been divorced or abandoned;
> >
> > (d) the right to full equality in all social, educa-tional, political
> > and
> > legal matters; and
> >
> > (e) special protection against discourtesy, defama-tion, hoolganism and
> > other forms of miscon-duct.
> >
> > 23. The State shall guarantee to the socially and edu-cationally
> > backward
> > sections of the people special care in the promotion of their
> > educational,
> > mate rial and cultural interests and protection against social
> > injustice.
> >
> > 24. The State shall make every effort to safeguard and promote the
> > health of
> > the people by advancing public hygiene and by prevention of disease
> > through
> > sanitation, pest and vermin control, propaganda and other measures, and
> > by
> > ensuring widespread, efficient and free medical services throughout the
> > State and, with particular emphasis, in its remote and backward regions.
> >
> >
> > 25. The State shall combat ignorance, superstition, fanaticism,
> > communialism, racialism, cultural
> > backwardness and shall seek to foster brotherhood and equality among all
> > communities under the aegis of a secular State.
> >
> > *PART V*
> > *THE EXECUTIVE*
> > *THE SADAR-I-RIYASAT*
> >
> > 26. (1) The Head of the State shall be designated as the
> > Sadar-i-Riyasat.
> >
> > (2) The executive power of the State shall be vested in the
> > Sadar-i-Riyasat
> > and shall be exercised by him either directly or through officers
> > subordinate to him in accordance with this Constitution.
> >
> > (3) Nothing in this Section shall:
> >
> > (a) be deemed to transfer to the Sadar-i--Riyasat any functions
> > conferred by
> > any existing law on any other authority; or
> >
> > (b) prevent the State legislature from confer-ring by law functions on
> > any
> > authority subordinate to the Sadar-i-Riyasat.
> >
> > 27. The Sadar-i-Riyasat shall be the person who for the time being is
> > recognised by the President as such:
> > Provided that no person shall be so recognised unless he:
> >
> > (a) is a permanent resident of the state;
> > (b) is not less than twenty-five years of age; and
> > (c) has been elected as Sadar-i-Riyasat by a majority of the total
> > membership of the Legislative Assembly in the manner set out in the
> > First
> > Schedule.
> >
> > 28. (1) The Sadar-i-Riyasat shall hold office during the pleasure of the
> > President.
> >
> >  (2) The Sadar-i-Riyasat may, be writing under his hand addressed to the
> >
> > President, resign his office.
> >
> > (3) Subject to the foregoing provision of this section, the
> > Sadar-i-Riyasat
> > shall hold office for a term of five years from the date on which he
> > enters
> > upon his office:
> >
> > Provided that he shall notwithstanding the expiration of his term,
> > continue
> > to hold office until his successor enters upon his offlee.
> >
> > 29. A person who holds or has held office as Sadar-i-Riyasat shall,
> > subject
> > to the other provisions of this Constitution, be eligible for
> > reselection to
> > that office.
> >
> > 30. (1) The Sadar-i-Riyasat shall not be a member of either House of
> > Legislature and if a member of either House be elected and recognised as
> >
> > Sadar-i-Riyasat, he shall be deemed to have vacated his seat in the
> > House on
> > the date on which he enters upon his office as Sadar-I-Riyasat.
> >
> > (2) The Sadar-i-Riyasat shall not hold any other office of profit.
> >
> > (3) The Sadar-i-Riyasat shall be entitled to such emoluments, allowances
> > and
> > privileges as are specified in the second schedule.
> >
> > (4) The emoluments and allowances of the Sadar-i-Riyasat shall not be
> > diminished during his term of office.
> >
> > 31. The Sadar-i-Riyasat and every person acting as Sadar-i-Riyasat
> > shall,
> > before entering upon his office, make and subscribe in the presence of
> > the
> > Chief Justice of the High Court, or in his absence, the senior-most
> > judge of
> > the High Court available, in an oath or affirmation in the following
> > form
> > that is to sayed "I, A. B., do swear in the name of God that I will
> > faithfully discharge the functions of the Sadar-I-Riyasat of Jammu and
> > Kashmir and will to the best of my ability preserve, protect and defend
> > the
> > Constitution and the law and that I will devote myself to the service
> > and
> > well being of the people of State."
> >
> > 32. The Sadar-i-Riyasat may be removed from his office by the President
> > if
> > an address by the Legis-lative Assembly supported by a majority of not
> > less
> > than two-thirds of its total membership is presented to the president
> > praying for such removal on the ground of violation of the Constitution.
> >
> >
> > 33. When a vacancy occurs in the office of the Sadar-i-Riyasat by reason
> > of
> > his death, resignation or removal or when the Sadar-i-Riyasat is unable
> > to
> > discharge his functions owing to absence, illness or or any other cause,
> > the
> > functions of the office shall, until the assumption of office by a newly
> > elected Sadar-i-Riyasat or the resumption of duties by the
> > Sadar-i-Riyasat,
> > as the case may be, dis-charged by such person as the President may on
> > the
> > recommendation of the Council of Ministers of the State, recognise as
> > the
> > acting Sadar-i-Riyasat.
> >
> > 34. The Sadar-i-Riyasat shall have the power to grant pardons,
> > reprieves,
> > respites or remissions of punish-ment or to suspend, remit or commute
> > the
> > sentence of any person convicted of any offense against any law relating
> > to
> > a matter to which the executive power of the State extends.
> >
> > *THE COUNCIL OF MINISTERS*
> >
> > 35. (1) There shall be a council of Ministers with the Prime Minister at
> > the
> > head to aid and advise the Sadar-i-Riyasat in the exercise of his
> > functions.
> >
> > All functions of the Sadar-i-Riyasat except those under sections 36, 38
> > and
> > 92 shall be exercised by him only on the advice of the Council of
> > Ministers.
> >
> > (3) The question whether any, and if so what, advice was tendered by
> > Ministers to the Sadar-i-Riyasat shall not be inquired into in any
> > court.
> >
> > 36. The Prime Minister shall be appointed by the Sadar-i-Riyasat and the
> >
> > other Ministers shall be appointed by the Sadar-i-Riyasat on the advice
> > of
> > The Prime Minister.
> >
> > 37. (1) The Council of Ministers shall be collectively responsible to
> > the
> > Legislative Assembly.
> >
> > (2) A Minister who for any period of six conse-cutive months is not a
> > member
> > of either House of Legislature shall upon the expiry of that period
> > cease to
> > be a Minister.
> >
> > 38. The Sadar-i-Riyasat may on the advice of the Prime Minister appoint
> > from
> > amongst the members of either House of Legislature such number of Deputy
> >
> > Ministers as may be necessary.
> >
> > 39. The Ministers and the [Deputy Ministers shall hold office during the
> > pleasure of the Sadar-i--Riyasat.
> >
> > 40. Before a Minister or a Deputy Minister enters upon lids office, the
> > Sadar-i-Riyasat or, in his absence, any person authorised by him, shall
> > administer to the Minister or the Deputy Minister to oaths of office and
> > of
> > secrecy according to the form set out for the purpose in the Fifth
> > Schedule.
> >
> > 41. The salaries and allowances of Ministers and Deputy Ministers shall
> > be
> > such as the Legislature relay from time to time by law determine and,
> > until
> > so determined, shall be such as are payable respectively to the
> > Ministers
> > and the Deputy Ministers under the Jammu and Kashmir Minister s Salaries
> > Act, 1956 (Act VI of 1956) the Jammu and Kashmir Minister's Travelling
> > Allowances Rules for the time being in force, and the Jaminu and Kashmir
> >
> > Deputy Ministers Salaries and Allowances Act. S. 2010 (Act VIII of
> > S.2010)
> >
> > *THE ADVOCATE GENERAL*
> >
> > 42. (1) The Sadar-i-Riyasat shall appoint a person who is qualified to
> > be
> > appointed a Judge of the High Court, to be Advocate General for the
> > State.
> >
> > (2) It shall be the duty of the Advocate General to give advice to the
> > Government upon such legal matters and to perform such other duties of a
> > legal character, as may from time to time be referred or assigned to him
> > by
> > the Govern-ment, and to discharge the functions conferred on him by or
> > under
> > this Constitution or any other law for the time being in force.
> >
> > (3) In the performance of his duties, the Advocate General shall have
> > the
> > right of audience in all courts in the State.
> >
> > (4) The Advocate General shall hold office during the pleasure of the
> > Sadar-i-Riyasat and receive such remuneration as the Sadar-i-Riyasat may
> > determine.
> >
> > *CONDUCT OF GOVERNMENT BUSINESS*
> >
> > 43. The Sadar-i-Riyasat shall make rules for the more
> > convenient transaction of the business of the
> > Government of the State and for the allocation
> > among Ministers of the said business.
> >
> > 44. It shall be the duty of the Prime Minister
> >
> > (a) to communicate to the Sadar-i-Riyasat all decisions of the council
> > of
> > Ministers relating to the administration of the affairs of the State and
> > proposals for legislation;
> >
> > (b) to furnish such information relating to the administration of the
> > affairs of the State and proposals for legislation as the
> > Sadar-i-Riyasat
> > may call for; and
> >
> > (c) if the Sadar-i-Riyasat so rqeuires to submit for the consideration
> > of
> > the Council of Ministers any matter on which a decision has been taken
> > by a
> > Minister but which has not been considered by the Council.
> >
> > 45. (1) All executive action of the Government shall be expressed to be
> > taken in the name of the Sadar-i-Riyasat of the Jammu and Kashmir.
> >
> > (2) Orders and other instruments made and executed in the name of the
> > Sadar-i-Riyasat or of the Government of Jammu and Kashmir shall be
> > authenticated in such manner as may be specified in the rules to be made
> > be
> > the Sadar-i-Riyasat, and the validity of an order or instrument which is
> > so
> > authenticated shall not be called in question on the ground that it is
> > not
> > an order or instrument made or executed by the Sadar-i-Riyasat or as the
> >
> > case may be, by the Government of Jammu and Kashmir.**
> >
> > *PART VI*
> > *THE STATE LEGISLATIVE***
> >
> > *COMPOSITION OF THE STATE LEGISLATURE*
> >
> > 46. There shall be Legislature for the State which shall consist of the
> > Sadar-i-Riyasat and two Houses be known respectively as the Legislative
> > Assembly and the Legislative Council.
> >
> > 47. (1) The Legislative Assembly shall consist of one hundred members
> > chosen
> > by direct election from territorial constituencies in the State;
> > Provided that the Sadar-i-Riyasat may, if he is of opinion that women
> > are
> > not adequately represented in the Assembly nominate not more than two
> > women
> > to be members thereof.
> >
> > (2) For the purposes of sub-section (I), the State shall be divided into
> >
> > territorial constituencies in such a manner that the ratio between the
> > population of each constituency and the number of seats allotted to it
> > shall, so far as practicable, be the same throughout the State.
> > Explanation:
> > In this sub-section, the express-ion "Population' means the population
> > as
> > ascertained at the last preceding census of which the relevant figures
> > have
> > been published.
> >
> > (3) Upon the completion of each census, the number, extent and
> > boundaries of
> > the territor-ial constituencies shall be readjusted by such authority
> > and in
> > such manner as the Legislature may be law determine:
> > Provided that such readjustment shall not affect representation in the
> > Legislative Assemb until the disolution of the then exist-ing Assembly.
> >
> > 48. Notwithstanding anything contained in section 47, until the area of
> > the
> > State under the occuptions of Pakistan ceases to so occupied and the
> > people
> > residing in that area elect their representatives
> >
> > (a) twenty-five seats in the Legislative Assembly shall remain vacant
> > and
> > shall not be taken into account for reckoning the total member-ship of
> > the
> > Assembly; and the said area shall be excluded in delimiting the
> > territorial
> > Constituencies Under Section 47.
> >
> > 49. (I) There shall be reserved in the Lagislative Assembly for the
> > Scheduled Castes in the State a number of seats which shall bear, as
> > nearly
> > as may be, the same proportion to the total number of seats in the
> > Assembly
> > as the popu-lation of the Scheduled Castes bears to the population of
> > the
> > State.
> >
> > Explanation: In this sub-section:
> >
> > (a) "population" has the same meaning as in sub-section (2) of section
> > 47;
> > and
> > (b) "Scheduled Castes" means the caste, races or tribes or part of, or
> > groups within castes, races or tribes which are for the purposes of the
> > Constitution of India deemed to be Scheduled Casts in relation to the
> > State
> > under the pro-visions of article 341 of that Constitution.
> >
> > (2) The provisions of sub-section (1) shall cease to have effect on the
> > expiration of a period of five years from the commencement of this
> > Constitution:
> >
> > Provided that such cesser shall not affect any representation in the
> > Legislative Assembly until the dissolution of the then existing
> > Assembly:
> >
> > 50. (1) The Legislative Council shall consist of thirty six members,
> > chosen
> > in the manner provided in this section.
> >
> > (2) Eleven members shall be elected by the men hers of the Legislative
> > Assembly from amongst persons who are residents of the Province of
> > Kashmir
> > and are not members of the Legislative Assembly.
> >
> > (3) Eleven members shall be elected by the mem-bers of the Legislative
> > Assembly from amongst persons who are residents of the Province of Jammu
> > and
> > are not members of the Legislative Assembly.
> > Provided that of the members so elected, at least one shall be a
> > resident of
> > Doda District and at least one shall be a resident of Poonch District.
> >
> > (4) One member shall be elected by each of the following electorates,
> > namely
> >
> > (a) the members of municipal council, town area committees and notified
> > area
> > com-mittees in the Province of Kashmir;
> >
> > (b) the members of municipal council, town area committees, and notified
> > area committees in the Province of Jammu;
> >
> > (c) permanent residents who have been for at least three years engaged
> > in
> > teaching in educational institutions recognised by the Government in the
> > Province of Kashmir; and
> >
> > (d) permanent residents who have been for at least three years engaged
> > in
> > teaching in educational institutions recognised by the Government in the
> >
> > Province of Jammu.
> >
> > (5) Two members shall be elected by each of the following electorates,
> > namely:
> >
> > (a) the members of the Panchayats and such other local bodies in the
> > Province of Kashmir as the Sadar-i-Riyasat may by order specify; and
> >
> > (b) the members of the Panchayats and such other local bodies in the
> > Province of Jammu as the Sadar-i-Riyasat may by order specify.
> >
> > (6) Six members shall be nominated by the Sadar-i-Riyasat, not more than
> >
> > three of whom shall be person belonging to any of the socially or
> > economically backward classes in the State, and the others shall be
> > persons
> > having special knowledge or practical experi-ence in respect of matters
> > such
> > as literature, science, art, co-operative movement and social service.
> >
> > (7) Elections under sub-section (2) and (3) shall be held in accordance
> > with
> > the system of pro-portional representation by means of the single
> > transferable vote.
> >
> > *GENERAL PROVISIONS*
> >
> > 51. A person shall not be qualified to be chosen to fill a seat in the
> > Legislature unless he:
> >
> > (a) is a permanent resident of the State;
> >
> > (b) is, in the case of a seat in the Legislative Assembly, not less than
> >
> > twenty-five years of age, and in the case of a seat in the Legisla-tive
> > Council, not less than thirty years of age; and
> >
> > (c) possesses such other qualifications as may be prescribed in that
> > behalf
> > by or under any law made by Legislature.
> >
> > 52. (1) The Legislative Assembly, unless sooner dis-solved, shall
> > continue
> > for five years from the date appointed for its first meeting and not
> > longer,
> > and the expiration of the said period of five years shall operate as a
> > dissolution of the Assembly;
> > Provided that the said period may, while a Proclamation of Emergency
> > issued
> > under arti-cle 352 of the Constitution of India is in operation, be
> > extended
> > by the State Legislature by law for a period not exceeding one year at a
> >
> > time and not extending in any case beyond a period of six months after
> > the
> > Proclamation has ceased to operate.
> >
> > (2) The Legislative Council shall not be subject to dissolution but as
> > nearly as possible one-third of the members thereof shall retire, as
> > soon as
> > may be, on the expiration of every second year in accordance with the
> > provisions made in that behalf by Legislature by law.
> >
> > 53. (1) The Sadar-i-Riyasat shall from time to time summon each House of
> > the
> > Legislature to meet at such time and place as he thinks fit, but six
> > months
> > shall not intervene between its last sitting in one session and the date
> > appointed for its first sitting in the next session.
> >
> > (2) The Sadar-i-Riyasat may from time to time...
> >
> > (a) prorogue the House or either house (b) dissolve the Legislative
> > Assembly.
> >
> > 54. (1) The Sadar-i-Riyasat may address either House of Legislature, or
> > both
> > Houses assembled together, and may for that purpose require the
> > attendance
> > of members.
> >
> > (2) The Sadar-i-Riyasat may send messages to either House, whether with
> > respect to a Bill then bending in the Legislature, or otherwise and a
> > House
> > to which any message is so sent shall with all convenient dispatch
> > consider
> > any matter required by the message to be taken into consideration.
> >
> > 55. (1) At the commencement of the first session after each general
> > election
> > to the Legislative Assembly and at the commencement of the first session
> > of
> > each year, the Sadar-i-Riyasat shall address both Houses of Legislature
> > assembled together and inform the Legislature of the cause of its
> > summons.
> >
> > (2) Provision shall be made by the rules regulating the procedure of
> > either
> > House for the allot-ment of time for discussion of the matters reffered
> > to
> > in such address.
> >
> > 56. Every Minister and the Advocate General shall have the right to
> > speak
> > in, and otherwise to take part in the proceedings, of both Houses and to
> > speak in, and otherwise to to take part in the proceedings of, any
> > Committee-of the Legislature of which he may be named a member, but
> > shall
> > not, by virtue of this section, be entitled to vote.
> >
> > *OFFICERS OF THE STATE LEGISLATURE*
> >
> > 57. The Legislative Assembly shall, as soon as may be, choose two
> > members of
> > the Assembly to be res-pectively Speaker and Deputy Speaker thereof and,
> > so
> > often at office of Speaker or Deputy Speaker becomes vacant, the
> > Assembly
> > shall choose another member to be Speaker, or Deputy Speaker, as the
> > case
> > may be.
> >
> > 58. A member holding office as Speaker or Deputy Speaker of the
> > Legislative
> > Assembly:
> >
> > (a) shall vacate his office if he ceases to be a member of the Assembly;
> >
> > (b) may at any time by writing under his hand addressed, if such member
> > is
> > the Speaker, to the Deputy Speaker, and if such member is the Deputy
> > Speaker, to the Speaker, resign his office; and
> >
> > (c) may be removed from his office by a resolu-tion of the Assembly
> > passed
> > by a majority of all the then members of the Assembly;
> >
> > Provided that no resolution for the purpose of clause (c) shall be moved
> > unless at least fourteen days notice has been given of the intention to
> > move
> > the resolution.
> >
> > Provided further that, whenever the Assembly is dissolved, the Speaker
> > that
> > not vacate his office until immediately before the first meeting of the
> > Assembly after the dissolution.
> >
> > 59. (1) While the office of Speaker is vacant the duties of the office
> > shall
> > be performed by the Deputy Speaker or, if the office of the Deputy
> > Speaker
> > is also vacant, by such member of the Assembly as the Sadar-i-Riyasat
> > may
> > appoint for the purpose.
> >
> > (2) During the absence of the Speaker from any sitting of the Assembly
> > the
> > Deputy speaker or, if he is also absent, such person as may be
> > determined by
> > the rules of procedure of the Assembly, or, if no such person is
> > present,
> > such other person as may be determined by the Assembly, shall act as
> > Speaker.
> >
> > 60. (1) At any sitting of the Legislative Assembly, while any resolution
> > for
> > the removal of the Speaker from his office is under consideration, the
> > Speaker, or while any resolution for the removal of the Deputy Speaker
> > from
> > his office is under consideration, the Deputy Speaker shall not, though
> > he
> > is present, preside and the provisions of sub-section (2) of section 59
> > shall apply inrelation to every such sitting as they apply in relation
> > to a
> > sitting from which the Speaker or, as the case may be, the Deputy
> > Speaker is
> > absent.
> >
> > (2) The Speaker shall have the right to speak in, and otherwise to take
> > part
> > in the proceedings of the Legislative Assembly while any resolu-tion for
> > his
> > removal from office is under con-sideration in the Assembly and shall,
> > notwith-standing anything in section 67, be entitled to vote only in the
> > first instance on such resolu-tion or on any other matter during such
> > pro-ceedings but not in the case of an equality of votes.
> >
> > 61. (1) The Legislative Council shall, as soon as may be, choose two
> > members
> > of the Council to be respectively Chairman and Deputy Chairman thereof
> > and,
> > so often as the office of the Chairman or Deputy Chairman becomes
> > vacant,
> > the Council shall choose another member to be Chairman or Deputy
> > Chairman,
> > as the case may be.
> >
> >  (2) The provisions of sections 58,59 and 60 shall apply in relation to
> > the
> > Chairman and Deputy Chairman of the Legislative Council with the
> > substitution of the words "Chairman" and "Council" for the words
> > "Speaker"
> > and "Assembly" respectively wherever they occur in those provisions, and
> > with the omission of the further proviso to section 58.
> >
> > 62. There shall be pay to the speaker and the  the Deputy Speaker of the
> >
> > Legislative Assembly and to the Chairman and the Deputy Chairman of the
> > Legislative Council, such salaries and allowances as may be respectively
> > fixed by Legislature by law and, until provi-sion in that behalf is so
> > made,
> > such salaries and allowances as are specified in the Third Schedule.
> >
> > 63. (1) Each House of the Legislature shall have a separate secretarial
> > Staff:
> >
> > Provided that nothing in this sub-section shall be construed as
> > preventing
> > the creation of posts common to both Houses.
> >
> > (2) The Legislature may by law regulate the re-cruitment, and the
> > conditions
> > of service of persons appointed, to the secretarial staff of each House.
> >
> > (3) Until provision is made by the Legislature under sub-section (2),
> > the
> > Sadar-i-Riyasat may, after consultation with the Speaker of the
> > Legislative
> > Assembly or the Chairman of the Legislative Council, as the case may be,
> > make rules regulating the recruitment, and the con-ditions of service of
> >
> > persons appointed, to the secretarial staff of the Assembly or the
> > Council,
> > and any rules so made shall have effect subject to the provisions of any
> > law
> > made under the said sub-section.
> >
> > *CONDUCT OF BUSINESS*
> >
> > 64. Every member of the Legislative Assembly or the Legislative Council
> > shall before taking his seat, make and sub-scribe before the
> > Sadar-i-Riyasat
> > or some person appointed in that behalf by him an oath or affirmation
> > according to the form set out for the purpose in the Fifth Schedule.
> >
> > 65. Save as otherwise provided by the rules of proce-dure of the House,
> > the
> > quorum to constitute a meeting of the Legislative Assembly and of the
> > Legislative Council shall be twenty and ten re-spectively.
> >
> > 66. A House of the Legislature shall have power to act notwithstanding
> > any
> > vacancy in the membership thereof, and any proceedings in the
> > Legislature
> > shall be valid notwithstanding that it is discovered subsequently that
> > some
> > person who was not entitl-ed so to do sat or voted or otherwise took
> > part in
> > the proceedings.
> >
> > 67. (1) Save as otherwise provided in this Constitu-tion, all questions
> > at
> > any sitting of a House of the Legislature shall be determined by a
> > majority
> > of votes of the members present and voting, other than the Speaker or
> > Chairman, or person acting as such.
> >
> > (2) The Speaker or Chairman, or person acting as such, shall not vote in
> > the
> > first instance, but shall have and exercise a casting vote in the case
> > of an
> > equality of votes.
> >
> > *DISQUALIFICATIONS OF MEMBERS***
> >
> > 68. (1) No person shall be a member of both Houses of the Legislature
> > and
> > provision shall be made by Legislature by law for the vacation by a
> > person
> > who is chooser a member of both Houses of his seat in one House or the
> > other.
> >
> > (2) If a member of a House of the Legislature resigns his seat by
> > writing
> > under his hand addressed to tile Speaker or the Chairman, as the case
> > may
> > be, his s at shall thereupon become vacant.
> >
> > (3) If for a period of sixty days a member of a House of the Legislature
> > is
> > without permission of the House absent from all meetings thereof, the
> > House
> > may declare his seat vacant:
> >
> > Provided that in computing the said period of sixty days no account
> > shall be
> > taken of:
> >
> > (a) such absence caused by reason beyond his control; or
> >
> > (b) any period during which the House is prorogued or is adjourned for
> > more
> > than four consecutive days.
> >
> > 69. (1) A person shall be disqualified for being chosen and for being a
> > member of the Legislative Assembly or Legislative Council:
> >
> >  (a) if he holds any office of profit under the Government of India or
> > the
> > State Govern-ment within the Union of India, other than an office
> > declared
> > by Legislature by law not to dis-qualify its holder;
> >
> > (b) if he is of unsound mind and stands so declared by a competent
> > court;
> >
> > (c) if he is an undischarged insolvent;
> >
> > (d) if he is not a permanent resident of the State or has voluntarily
> > acquired the citizenship of a foreign State, or is under any
> > acknowledgement
> > of allegiance to adherence to a foreign State;
> >
> > (e) if he is so disqualified by or under any law made by the
> > Legislature.
> >
> > (2) For the purposes of this section, a person shall not be deemed to
> > hold
> > an office of profit under the Government of India, the State Government
> > or
> > any other State Government vithin the Union of India, by reason only
> > that he
> > is a Minister, or a Deputy Minister.
> >
> > 70. (1) If it is represented to the Speaker or the  Chairman that a
> > member
> > of the Legislative Assembly or, as the case may be, of the Legis-lative
> > Council is disqualified for being such a member under the provisions of
> > section 69, or
> > was so disqualified at any time since being chosen as a member and the
> > member does not admit that he is or was so disqualified, the question
> > shall
> > be referred to the High Court decision and its decision shall be final:
> >
> > Provided that w here the disqualification in question arises from
> > circumstances which subsisted at the time of his being chosen as such
> > member, no such representation as aforesaid shall be entertained:
> >
> > (a) unless it is made after the expiration of the period by law for
> > presenting an elec-tion petition calling in question the election of the
> > member; and
> >
> > (b) if such an election petition is pending or has been tried, unless
> > the
> > Speaker or Chairman as the case may be is satisfied that the question of
> > the
> > members' disquali-fication by reason of those circumstances has not been
> >
> > raised or, as the case may be, was not raised, in the proceedings on the
> > election petition.
> >
> > (2) Where on a representation made under sub-section (I) the member
> > admits
> > that he is or w. s disqualified under the provisions of section 69, or
> > where
> > on a reference made under that sub-section the High Court decides that
> > the
> > member is or was so disqualified, his seat shall thereupon become
> > vacant.
> >
> > 71. If a person sits or votes as a member of the Legislative Assembly or
> > the
> > Legislative Council before he has complied with the requirements of
> > section
> > 54 or when he knows that he is not quali-fied or that he is disqualified
> > for
> > membership thereof or that he is prohibited from so doing by the
> > provisions
> > of any law made by the Legislature, he shall be liable in respect of
> > each
> > day on which he so sits or votes to a penalty of one hundred rupees to
> > be
> > recovered as a debt due to the State.
> >
> > *POWERS, PRIVILEGES AND IMMUNITIES OF THE STATE LEGISLATURE AND ITS
> > MEMBERS*
> >
> > 72. (1) Subject to the provisions of this Constitution and to the rules
> > and
> > standing orders regulating the procedure of the Legislature, there shall
> > be
> > freedom of speech in the Legislature.
> >
> > (2) No member of the Legislature shall be liable to any proceedings in
> > any
> > court in respect of anything said or any vote given by him in the
> > Legislature or any committee thereof and no person shall be so liable in
> > respect of the publication by or under the authority of a House of the
> > Legislature of any report, paper, votes, or proceedings.
> >
> > (3) In other respects, the powers, privileges and immunities of a House
> > of
> > the Legislature and- of the members and the committees of a House of the
> > Legislature shall be such as may from time to time be defined by
> > Legislature
> > by law, and until so defined shall be those of the Parliament of India
> > and
> > of its members and committees.
> >
> > (4) The provisions of sub-sections (1), (2) and (3) shall apply in
> > relation
> > to persons who by virtue of this Constitution have the right t o speak,
> > in
> > and otherwise to take part in the proceedings of, a House of the
> > Legislature
> > or any committee thereof as they apply in relation to members of that
> > Legislature.
> >
> > 73. Members of the Legislative Assembly and the Legislative Council
> > shall be
> > entitled to receive such salaries and allowances as may from time to
> > time be
> > determined by Legislature by law and, until provision in that respect is
> > so
> > made, salaries and allowances at such rates and upon such conditions as
> > were
> > immediately before the commencement of this Constitution applicable in
> > the
> > case of members of the Constituent Assembly.
> >
> > *LEGISLATIVE PROCEDURE*
> >
> > 74. (1) Subject to the provisions of sections 76 and 84 with respect to
> > Money Bills and other Finan-cial Bills, a Bill may originate in either
> > House
> > of the Legislature.
> >
> > (2) Subject to the provisions of sections 75 and 76 a Bill shall not be
> > deemed to have been passed by the Legislature unless it has been agreed
> > to
> > by both Houses, either without amendment or with such amendments only as
> > are
> > agreed to by both Houses.
> >
> > (3) A Bill pending in the Legislature shall not lapse by reason of the
> > prorogation of the House or House thereof.
> >
> > (4) A Bill pending in the Legislative Council which has not been passed
> > by
> > the Legislative Assembly shall not lapse on a dissolution of the
> > Assembly.
> >
> > (5) A Bill which is pending in the Legislative Assembly or which having
> > been
> > passed by the Legislative Assembly, is pending in the Legi-slative
> > Council,
> > shall lapse on a dissolution of the Assembly
> >
> > 75. (1) If after a Bill has been passed by the Legisla-tive Assembly and
> > transmitted to the Legisla-tive Council:
> >
> > (a) the Bill is rejected by the Council; or
> >
> > (b) more than three months elapse from the date on which the Bill is
> > laid
> > before the Council without the Bill being passed by it; or
> >
> > (c) the Bill is passed by the Council with amendments to which the
> > Legislative Assembly does not agree; the Legisl-ative Assembly may,
> > subject
> > to the rules regulating its procedure, pass the Bill again in the same
> > or in
> > any subse-quent session with or without such amendments, if any, as have
> >
> > been made suggested or agreed to by the Legislative Council and then
> > transmit the Bill as so passed to the Legislative Council.
> >
> > (2) If after a Bill has been so palmed for the se-cond time by the
> > legislative Assembly and transmitted to the Legislative Council:
> >
> > (a) the Bill is rejected by the Council; or
> >
> > (b) more shall one month elapses from the date on which the Bill is laid
> > before the Council without the Bill being passed by it; or
> >
> > (c) the Bill is passed by the Council with amendments to which the
> > Legislative Assembly does not agree;
> >
> > the Bill shall be deemed to have been passed by the Houses of the
> > Legislature in the form in which it passed by the Legislative Assembly
> > for
> > the second time with such amendments, if any, as have been made or
> > suggested
> > by the Legislative Council and agreed to by the Legislative Assembly.
> >
> > (3) Nothing in this section shall apply to a Money Bill.
> >
> > 76. (1) A Money Bill shall not be introduced in the Legislative Council.
> >
> > (2) After a Money Bill has been passed by the Legislative Assembly, it
> > shall
> > be transmitted to the Legislative Council for its recommenda-tions and
> > the
> > Legislative Council shall within a period of fourteen days from the date
> > of
> > its receipt of the Bill return the Bill to the Legis-lative Assembly
> > with
> > its recommendations, and the Legislative Assemble may there upon either
> > accept or reject all or any of the recom-mendations of the Legislative
> > Council.
> >
> > (3) If the Legislative Assembly accepts any of the recommendations of
> > the
> > Legislative Council, the Money Bil] shall deemed to have been passed by
> > both
> > Houses with the amend-ments recommended by the Legislative Coun-cil and
> > accepted by the Legislative Assembly.
> >
> > (4) If the Legislative Assembly does not accept any of the
> > recommendations
> > of the Legislative Council, the Money Bill shall be deemed to have been
> > passed by both Houses in the form which it was passed by the Legislative
> >
> > Assembly without any of the amendments recommended by the Legislative
> > Council.
> >
> > 5. If a Money Bill passed by the Legislative Assembly and transmitted to
> > the
> > Legislative Council for its recommendations is not returned to the
> > Legislative Assembly within the said period of fourteen days, it shall
> > be
> > deemed to have been passed by both Houses at the expiration of the said
> > period in the form in which it was passed by the Legislative Assembly.
> >
> > 77. (1) For the purposes of the part, a Bill shall be deemed to be a
> > Money
> > Bill if it contains only provisions dealing with all or any of the
> > following
> > matters namely:
> >
> > (a) the imposition, abolition, remission, alteration or regulation of
> > any
> > tax;
> >
> > (b) the regulation of the borrowing of money or the giving of any
> > guarantee
> > by the State, or the amendment of the law with respect to any financial
> > obligations under-taken or to be undertaken by the State;
> >
> > (c) the custody of the Consolidated Fund or the Contingency Fund of the
> > State, the payment of money into or the with-drawal of moneys from any
> > such
> > Fund:
> >
> > (d) the appropriation of moneys out of the Consolidated Fund of the
> > State;
> >
> > (e) the declaring of any expenditure to be expenditure charges on the
> > consolidated Fund of the State, or the increasing of the amount of any
> > such
> > expenditure;
> >
> > (f) the receipt of money on account of the Consolidated Fund of the
> > State or
> > the public account of the State or the custody or issue of such money;
> > or
> > any matter incidental to any of the matters specified in clauses (a) to
> > (f).
> >
> > (2) A Bill shall not be deemed to be a Money Bill by reason only that it
> >
> > provides for the imposition of fines or other pecuniary penalties or for
> > the
> > demand or payment of fees for lice-nces or fees for services rendered,
> > or by
> > reason that it provides for the imposition, abolition, remission,
> > alteration
> > or regulation of any tax by any local authority or body for local
> > purposes.
> >
> > (3) If any question arises whether a Bill introduced in the Legislature
> > is a
> > Money Bill or not, the decision of the Speaker of the Legislative
> > Assembly
> > thereon shall be final.
> >
> > (4) There shall be endorsed an every Money Bill when it is transmitted
> > to
> > the Legislative Council under section 76 and when it is pre-sented to
> > the
> > Sadar-i-Riyasat for assent under section 78, the certificate of the
> > Speaker
> > of the Legislative Assembly signed by him that it is a Money Bill.
> >
> > 78. When a Bill has been passed by both Houses of the Legislature, it
> > shall
> > be presented to the Sadar--i-Riyasat and the Sadar-i-Riyasat shall
> > declare
> > either that he assents to the Bill or that he with-holds assent
> > therefrom.
> > Provided that the Sadar-i-Riyasat may, as soon as possible after the
> > presentation to him of the Bill for assent, return the Bill if it is not
> > a
> > Money Bill together with a message requesting that the Houses will
> > reconsider the Bill or any specified provisions thereof and, in
> > particular,
> > will consider the desira-bility of introducing any such amendments as he
> > may
> > recommend in his message and, when a Bill is so returned, the Houses
> > shall
> > reconsider the Bill accordingly, and if the Bill is passed again by the
> > Houses with or without amendment and presented to the Sadar-i-Riyasat
> > for
> > assent, the Sadar-i-Riyasat shall not withhold assent therefrom.
> >
> > *PROCEDURE IN FINANCIAL MATTERS*
> >
> > 79. (1) The Sadar-i-Riyasat shall in respect of every financial year
> > cause
> > to be laid before both Houses of the Legislature a statement of the
> > estimated receipts and expenditure of the State for that year, in this
> > part
> > referred to as the "annual financial statement." (2) The estimates of
> > expenditure embodied in the annual financial statement shall show
> > separately
> >
> > (a) the sums required to meet expenditure described by this constitution
> > as
> > expendi-ture charged upon the Consolidated Fund of the State; and
> >
> > (b) the sums required to meet other expendi-ture proposed to be made
> > from
> > the con-solidated Fund of the State; and shall distinguish expenditure
> > on
> > revenue account from other expenditure.
> >
> > (3) The following expenditure shall be expenditure charged on the
> > consolidated fund of the State:
> >
> > (a) the emoluments and allowances of the Sadar-i-Riyasat and other
> > expenditure relating to his office;
> >
> > (b) the salaries and allowances of the Speaker and the Deputy Speaker of
> > the
> > Legislative Assembly and of the Chairman and the Deputy Chairman of the
> > Legislative Council;
> >
> > (c) debt charges for which the State is liable including interest,
> > sinking
> > fund charges and redemption charges. and other expenditure relating to
> > the
> > raising of loans and the service and redemption of debt;
> >
> > (d) expenditure in respect of the salaries and allowances of the Judges
> > of
> > the High Court;
> >
> > (e) any sums required to satisfy any judge-ment decree or award of any
> > Court
> > or arbitral tribunal;
> >
> > (f) any other expenditure declared by this Constitution, or by
> > Legislature
> > by law, to be so charged.
> >
> > 80. (1,) So much of the estimates as relates to expen-diture changed
> > upon
> > the Consolidated Fund of the State shall not be submitted to the vote of
> > the
> > Legislative Assembly, but nothing in this sub-section shall be construed
> > as
> > preven-ting the discussion in the Legislature of any those estimates.
> >
> > (2) So much of the said estimates as relates to other expenditure shall
> > be
> > submitted in the form of demands for grants to the Legislative Assembly,
> > and
> > the Legislative Assembly shall have power to assent, or to refuse to
> > assent,
> > to any demand, or to assent to any demand subject to a reduction of the
> > amount specified therein.
> >
> > (3) No demand for a grant shall be made except on the recommendation of
> > the
> > Sadar-i--Riyasat.
> >
> > (1) As soon as may be after the grants under section 80 have been made
> > by
> > the Assembly, there shall be introduced a Bill to provide for the
> > appropriation out of the Consolidated fund of the State of all moneys
> > required to meet:
> >
> > (a) the grants so made by the Assembly; and (b) the expenditure charged
> > on
> > the Consoli-dated Fund of the State but not exceed-ing in any case the
> > amount shown in the statement previously laid before the Houses.
> >
> > (23 No amendment shall be proposed to any such Bill in either House of
> > the
> > Legislature which will have the effect of varying the amount or altering
> > the
> > destination of any grant to made or of varying the amount of any
> > expenditure
> > charged on the Consolidated Fund of the State, and the decision of the
> > person presiding as to whether an amendment is inadmissible under the
> > sub-section shall be final.
> >
> > (3) Subject to the provisions of sections 89 and 83, no money shall be
> > withdrawn from the Consolidated Fund of the State except under
> > appropriation
> > made by law passed in accor-dance with the provisions of this section
> >
> > 12. (1) The Sadar-i-Riyasat shall:
> >
> > (a) if the amount authorised by any law made in accordance with
> > provisions
> > of section 81 to be expended for a particular service for the current
> > financial year is found to be insufficient for the purposes of that year
> > or
> > when a need has arisen during the current financial year for
> > supplemen-tary
> > or additional expenditure upon some new service not contemplated in the
> > annual financial statement for that year; or
> >
> > (b) if any money has been spent on any ser-vice during a financial year
> > in
> > excess of the amount granted for the service and for that year, cause to
> > be
> > laid before the Houses of the Legislature another statement showing the
> > estimated amount of that expenditure or cause to be presented to the
> > Legis-lative Assembly a demand for such excess, as the case may be.
> >
> > (2) The provisions of sections 79, 80 and 81 shall have effect in
> > relation
> > to any such statement and expenditure or demand and also to any law to
> > be
> > made authorising the appropriation of moneys out of the Consolidated
> > Fund of
> > the State to meet such expenditure or the grant in respect of such
> > demand as
> > they have effect in relation to the annual financial state-ment and the
> > expenditure mentioned therein or to a demand for grant and the law to be
> >
> > 'made for the authorization of appropriation of moneys out of the
> > Consolidated Fund of the state to meet such expenditure or grant.
> >
> > 83. (1) Notwithstanding anything in the foregoing provisions of this
> > Part,
> > the Legislative Assem-bly shall have power:
> >
> > (a) to make any grant in advance in respect of the estimated expenditure
> > for
> > a part of any financial year pending the completion of the procedure
> > prescribed in section 80 for the voting of such grant and the pas-sing
> > of
> > the law in accordance with the provisions of section 81 in relation to
> > that
> > expenditure;
> >
> > (b) to make a grant for meeting an unexpec-ted demand upon the resources
> > of
> > the State when on account of the magnitude or the indefinite character
> > of
> > the services the demand cannot be stated with the details ordinarily
> > given
> > in an annual financial statement;
> >
> > (c) to make an exceptional grant which forms no part of the current
> > service
> > of any financial year;
> > and the Legislature shall have power to authorise by law the withdrawal
> > of
> > moneys from the Consolidated Fund of the State for the purposes for
> > which
> > the said grants are made.
> >
> > (2) The provisions of sections 80 and 81 shall have effect in relation
> > to
> > the making of any grant under sub-section (1) and to law to be made
> > under
> > that sub-section as they have effect in relation to the making of a
> > grant
> > with regard to any expenditure mentioned h1 the annual financial
> > statement
> > and the law to be made for the authorization of appropriation of moneys
> > out
> > of the Consolidated Fund of the State to meet such expenditure.
> >
> > 84. (1) A bill or amendment making provision for any of the matters
> > specified in clauses (a) to (f) of sub-section (1) of section 77 shall
> > not
> > be introduced or moved except on the recom-mendation of the
> > Sadar-i-Riyasat,
> > and a Bill making such provision shall not be introdu-ced in the
> > Legislative
> > Council:
> >
> > Provided that no recommendation shall be required under this sub-section
> > for
> > the moving of an amendment making provision for the reduction or
> > abolition
> > of any tax.
> >
> > (2) A Bill or amendment shall not be deemed to make provision for any of
> > the
> > matters afore-said by reason only that it provides for the. imposition
> > of
> > fines or other pecuniary penal-ties, or for the demand or payment of
> > fees
> > for licences or fees for services rendered, or by reason that it
> > provides
> > for the imposition, abolition, remission, alteration or regulation of
> > any
> > tax by any local authority or body for local purposes.
> >
> > (3) A Bill which, if enacted and brought into operation. would involve
> > expenditure from the Consolidated Fund of the State shall not be passed
> > by a
> > House of the Legislature unless the Sadar-i-Riyasat has recommended to
> > that
> > House the consideration of the Bill.
> >
> > *PROCEDURE GENERALLY*
> >
> > 85. (1) A House of the Legislature may make rules for regulating,
> > subject to
> > the provisions of this Constitution, its procedure and the con-duct of
> > its
> > business.
> >
> > (2) Until rules are made under sub-section (1), the rules of procedure
> > and
> > standing orders in force immediately before the commencement of this
> > Constituent Assembly while discharging the functions of the Legislative
> > Assembly shall have effect in relation to each House of the Legislature
> > subject to such modifications and adaptations as may be made therein by
> > the
> > Speaker of the Legislative Assembly or the Chairman of the Legislative
> > Council, as the case may be.
> >
> > (3) The Sadar-i-Riyasat, after consultation with the Speaker of the
> > Legislative Assembly and the Chairman of the Legislative Council, may
> > make-
> > rules as to the procedure with respect to communications between the two
> > Houses.
> >
> > 86. The Legislature may, for the purpose of the timely completion of
> > financial business, regulate by law the procedure of, and the conduct of
> >
> > business in. the House of the Legislature in relation to any financial
> > matter or to any Bill for the appropria-tion of moneys out of the
> > Consolidated Fund of the State, and, if and so far as any provision of
> > any
> > law so made is inconsistent with any rule made by either House of the
> > Legislature under sub-section (I) of section 85 or with any rule of
> > standing
> > order having effect in relation to either House of the Legislature under
> >
> > sub-section (2) of that section such provisions shall prevail.
> >
> > 87. Business in the Legislature shall be transacted in Urdu or in
> > English.
> >
> > (1) Provided that the Speaker of the Legislative Assembly or the
> > Chairman of
> > the Legislative Council or person acting as such, as the case may be,
> > may
> > permit any member to address the House in Hindi, or if he cannot
> > adequa-tely
> > express himself in any of the aforesaid languages, to address the House
> > in
> > his mother-tongue.
> >
> > (2) The official records of the proceedings in the Legislature shall be
> > kept
> > in Urdu as well as in English.
> >
> > (3) The text of all Bills and amendments there of moved in and of all
> > Acts
> > passed by the Legis-lature which shall be treated as authoritative,
> > shall be
> > in English.
> >
> > 88. No discussion shall take place in the Legislature with respect to
> > the
> > conduct of any Judge of the Supreme Court or of the High Court in the
> > discharge of his duties.
> >
> > 89. (1) The validity of any proceedings in the Legis-lature shall not be
> > called in question -on the gro-unds of any alleged irregularity of
> > procedure.
> >
> >  (2) No officer or member of the Legislature in  whom powers are vested
> > by
> > or under this Constitution for regulating procedure or the conduct of
> > Business, or for maintaining order, in the Legislature shall be subject
> > to
> > the juris-diction of any court in respect of the exercise by him of
> > those
> > powers.
> >
> > 90. No Act of the Legislature and no provision in any such Act shall be
> > invalid by reason only that some recommendation required by this
> > Constitution was not given, if assent to that Act was given by the
> > Sadar-i-Riyasat.
> > Legislative power of the Sadar-i-Riyasat:
> >
> > 91. (1) If at any time, except when both Houses of the Legislature are
> > in
> > session, the Sadar-i-Riyasat is satisfied that circumstances exist which
> >
> > render it necessary for him to take immediate action; he may promulgate
> > such
> > Ordinances as the circums-tances appear to him to require.
> > Provided that the power of making Ordinance under this Section shall
> > extend
> > only to those matters with respect to which the Legislature has power to
> > make laws.
> >
> > (2) An Ordinance promulgated under this section shall have the same
> > force
> > and effect as an Act of the Legislature assented to by the
> > Sadar-i-Riyasat,
> > but every such Ordinance:
> >
> > (a) shall be laid before both the Houses of the Legislature, and shall
> > cease
> > to operate at the expiration of six weeks from the re-assembly of the
> > Legislature, or if be-fore tile expiration of that period a reso-lution
> > disapproving it is passed by the Legislative Assembly and agreed to by
> > Legislative Council, upon the resolution being agreed to by the
> > Legislative
> > Coun-cil, and -
> >
> > (b) may be withdrawn at any time by the Sadar-i-Riyasat.
> > Explanation: -  Where the Houses of the Legislature are summoned to
> > re-assemble on different dates the period of six weeks shall be reckoned
> > from the latter of those dates for the purposes of this sub-section.
> >
> > Breakdown of Constitutional Machinery.
> >
> > 92. (1) If at any time the Sadar-i-Riyasat is satisfied that a situation
> > has
> > arisen in which the Government of the State cannot be carried on in
> > accordance with the provisions of this Constitution, the Sadar-i-Riyasat
> > may
> > by Proclamation:
> >
> > (a) assume to himself all or any of the func-tions of the Government of
> > the
> > State and all or any of the powers vested in or excercisable by anybody
> > or
> > authority in the State;
> >
> > (b) make such incidental and consequential provisions as appear to the
> > Sadar-i--Riyasat to be necessary or desirable for giving effect to the
> > objects of the Procla-mation, including provisions for suspen-ding in
> > whole
> > or in part the operation of any provision of this Constitution rela-ting
> > to
> > any body or authority in the State:
> >
> > Provided that nothing in this section shall authorised die
> > Sadar-i-Riyasat
> > to assume to himself any of the powers vested in or exer-cisable by the
> > High
> > Court or to suspend in whole or in part the operation of any provi-sion
> > of
> > this Constitution relating to the High Court.
> >
> > (2) Any such Proclamation may be revoked or carried by a subsequent
> > Proclamation.
> >
> > (3) Any such Proclamation whether varied under sub-section (2) or not,
> > shall, except where it is a Proclamation revoking a previous
> > Proclama-tion,
> > cease to operate on the expiration of six months from the date on which
> > it
> > divas first Issued.
> >
> > (4) If the Sadar-i-Riyasat by a Proclamation under this section assumes
> > to
> > himself any of the powers of the legislature to make laws, any law made
> > by
> > him in the exercise of that power shall, subject to the terms thereof,
> > continue to have effect until two years have elapsed from the date on
> > which
> > the Proclamation ceases to have effect, unless sooner repealed or
> > re-enacted
> > by an Act of the Legislature, and any reference in this Constitution to
> > any
> > Acts of or laws made by the Legislature shall be construed as including
> > a
> > reference to such law. No Proclamation under sub-section (1) shall be
> > issued
> > except with the concurrence of the President of India.
> >
> > (6) Every Proclamation under this section shall, except where it is a
> > Proclamation revoking a previous Proclamation, be laid before each house
> > of
> > the Legisiature as soon as it is convened.
> >
> > *PART VII*
> > *THE HIGH COURT*
> >
> > 93. (1) There shall be a High Court for the State, consisting of a Chief
> > Justice and two or more other judges.
> >
> > (2) The High Court exercising jurisdiction in relation to the State
> > Immediately before the commencement of this Constitution shall be the
> > High
> > Court for the State.
> >
> > 94. The High Court shall be a court of record and shall have all the
> > powers
> > of such a courts including the power to punish for contempt of itself or
> > of
> > the courts subordinate to it.
> >
> > 95. Every Judge of the High Court shall be appointed by the President by
> > Warrant under his hand and seal after consultation with the Chief
> > Justice of
> > India, the Sadar-i-Riyasat, and in the case of appointment of a Judge
> > other
> > than the Chief Justice, the Chief Justice of the High Court and shall
> > hold
> > office until he attains the age of sixty years.
> >
> > 96. A person shall not be qualified for appointment as a Judge of the
> > High
> > Court unless he is a citizen of India, and:
> >
> > (a) has for at least ten years held a judicial office in the State or in
> > any
> > other part of India; or
> >
> > (b) has for at least ten years been an advocate of the State High Court
> > or
> > of any other High Court in India or of two or more such courts in
> > succession.
> >
> > Explanation: - For the purposes of this Section in omputing the period
> > during which a person has been an advocate of a High Court. there shall
> > be
> > included any period during which the person has held judicial office
> > after
> > he became an advocate.
> >
> > 97. Every person appointed to be a Judge of the High
> > Court, shall. before he enters upon his office, make an subscribe before
> > the
> > Sadar-i-Riyasat or some person appointed in that behalf by him, an oath
> > or
> > affirmation according to the form set out for the purpose in the Fifth
> > Schedule.
> >
> > 98. (1) There shall be paid to the Judges of the High
> > Court such salaries as are specified in the Fourth Schedule.
> >
> > (a) Every Judge shall be entitled to such allowan-ces and to such rights
> > in
> > respect of leave of absence and pension as may from time to time be
> > determined by or under law made by the Legislature, and until so
> > determined,
> > to such allowances and rights as are specified in the Fourth Schedule:
> >
> > Provided that neither the allowances of a Judge nor his rights in
> > respect of
> > leave of absence or pension shall be varied to his dis-advantage after
> > his
> > appointment:
> >
> > 99. (1) A Judge of the High Court may, by writing under his hand
> > addressed
> > to the President, resign his office.
> >
> > (2) A Judge of the High Court shall not be removed from his office
> > except by
> > an order of the President passed after an address by each House of the
> > Legislature supported by a majority of the total membership of that
> > House
> > and by a majority of not less than two- thirds of the members of that
> > House
> > present and voting has been presented to the president
> > in the same session for such removal on the
> > ground of proved misbehaviour or incapacity.
> >
> > (3) The Legislature may by law regulate the  procedure for the
> > presentation
> > of an address and for the investigation and proof of the misbehaviour or
> > incapacity of a Judge under sub-section (2).
> >
> > 100. (1) When the office of the Chief Justice is vacant or when the
> > Chief
> > Justice is by reason of absence or otherwise, unable to perform the
> > duties
> > of his office, the duties of the office shall be performed by such one
> > of
> > the other
> > Judges of the Court as the President may appoint for the purpose.
> >
> > (2) When any Judge of the High Court other than the Chief Justice is by
> > reason of absence or for any other reason unable to perform the duties
> > of
> > his office or is appointed to act temporarily as Chief Justice, the
> > President may appoint a duly qualified person to act as a Judge of the
> > Court
> > until the permanent Judge has resumed his duties.
> >
> > 101. (1) The usual places of sitting of the High Court shall be Jammu
> > and
> > Srinagar.
> >
> > (2) The Chief Justice shall, with the approval of the Sadar-i-Riyasat
> > determine the number of Judges who shall sit from time to time at Jammu
> > and
> > at Srinagar for such period as may be deemed necessary.
> >
> > (3) Whenever it appears to the Chief Justice that it is desirable that
> > the
> > High Courts should hold its sitting at a place other than Srinagar and
> > Jummu, one or more Judges of the High Court as determined by him shall,
> > with
> > the previous approval of the Sadar-i-Riyasat, sit at such place.
> >
> > 102. Subject to the provisions of this Constitution and to the
> > provisions of
> > any law for the time being in force, the jurisdiction of and the law
> > administered in the High Court and the respective powers of the Judges
> > thereof in relation to the administration of justice in the court,
> > including
> > any power to make rules of court and to regulate the sittings of the
> > court
> > and of members thereof, sitting alone or in Division Courts, shall be
> > the
> > same as immedia-tely before the commencement of this Constitution.
> >
> > 103. The High Court shall have power to issue to any person or
> > authority,
> > including in appropriate cases any Government within the State,
> > directions,
> > orders or writs. including writs in the nature of habeas corpus,
> > mandamus,
> > prohibition, quo warranto and certiorari, or any of them. for any
> > purpose
> > other than those mentioned in clause (2A) of article 32 of the
> > Constitution
> > of India.
> >
> > 104. (1) The High Court shall have superintendence and control over all
> > courts for the time being subject to its appellate or revisional
> > jusrisdic-tion and all such courts shall be subordinate to the High
> > Court.
> >
> > (I) Without prejudice to the generality of the foregoing provision, the
> > High
> > court may:
> >
> > (a) call for returns from such courts,
> >
> > (b) make and issue general rules and prescribe forms for regulating the
> > practice and pro-ceedings of such courts; and
> >
> > (c) Prescribe forms in which books, entries and accounts shall be kept
> > by
> > the officers of any such court.
> >
> > (3) The High Court may also settle tables of fees to be allowed to the
> > sheriff and all clerks and officers of such courts and to attorneys,
> > advo-cates and pleaders practicing therein:
> > Provided that any rules made, forms prescrib-ed or tables settled under
> > sub-section (2) or sub-section(3) shall not be inconsistent with the
> > provision of any law for the time being in force, and shall require the
> > previous approval of the Sadar-i-Riyasat.
> >
> > 105. If the High Court is satisfied that a case pending in a court
> > subordinate to it involves a substantial question of law as to the
> > interpretation of this Constitution or the Constitution of India the
> > deter-mination of which is necessary for the disposal of the case, it
> > shall
> > withdraw the case and may:
> >
> > (a) either dispose of the case itself; or
> >
> > (b) determine the said question of law and return the case to the court
> > from
> > which the case has been so withdrawn together with a copy of its
> > judgement
> > on such question, and the said court shall on receipt thereof proceed to
> > dispose of the case in conformity with such judgement.
> >
> > 106. No person who had held office as a Judge of the
> > High Court after the commencement of this Con-stitution shall plead or
> > act
> > in any court or before any authority within the State.
> >
> > 107. (1) The High Court shall have and use as occa-sion may require a
> > seal
> > bearing a device and impression of the State emblem with an exergue or
> > label
> > surrounding the same with the inscription:
> >
> > "The seal of the High Court of Jammu and Kashmir''
> >
> > (2) The seal shall be delivered to. and kept in the custody of, the
> > Registrar or such other officer of the court as the Chief Justice may
> > designate in this behalf.
> >
> > 108. (1) Appointments of officers and servants of the High Court shall
> > be
> > made by the Chief Justice of the court or such other judge or officer of
> > the
> > court as he may direct:
> >
> > Provided that the Sadar-i-Riyasat may by rule require that in such cases
> > as
> > may be specified in the rule no person not already attached to the court
> > shall be appointed to any office connected with the court save after
> > consulta-tion with the State Public Service Commis-sion.
> >
> > (I) Subject to the provisions of any law made by the Legislature, the
> > conditions of service of the officers and servants of the High Court
> > shall
> > be such as may be prescribed by rules made by the High Court with the
> > approval of the Sadar-i-Riyasat.
> >
> > (3) The administrative expenses of the High Court including all
> > salaries,
> > allowances and pensions payable to or in respect of the officers and
> > servants of the Court' shall be charged upon the Consolidated Fund of
> > the
> > State, and any fees or other moneys taken by the Court shall form part
> > of
> > that Fund.
> >
> > *SUBORDINATE COURTS*
> >
> > 109. (1) Appointment of persons to be, and the postings: and promotion
> > off
> > district judges in the State shall be made by the Sadar-i-Riyasat in
> > con-sultation with the High Court.
> >  (2) A person not already in the service of the : State shall only be
> > eligible to be appointed a  district judge if he has been for not less
> > than
> > seven years an advocate or pleader and is recommended by the High Court
> > for
> > appointment.
> >
> > 110. Appointment of persons other than district judges to the judicial
> > service of the State shall be made by the Sadar-i-Riyasat in accordance
> > with
> > rules made by him in that behalf after consulation with the Public
> > Service
> > Commission and with the High Court.
> >
> > 111. The control over district courts and courts sub-ordinate thereto
> > including the posting and promo-tion of, and the grant of leave to,
> > persons
> > belong-ing to the judicial service of the State and holding any post
> > inferior to the post of district judge shall be vested in the High
> > Court,
> > but nothing in this section shall be construed as taking away from any
> > such
> > person any right of appeal which he may have under the law regulating
> > the
> > conditions of his service or as authorising the High Court to deal with
> > him
> > otherwise than in accordance with the conditions of his service
> > prescribed
> > under such law.
> >
> > 112. In this part...
> >
> > (a) the expression "district judge'' includes additional district judge,
> >
> > assistant district judge, sessions judge, additional sessions judge and
> > assistant sessions judge:
> >
> > (b) the expression "judical service" means a service consisting
> > exclusively
> > of persons inten-ded to fill the post of district judge, and other civil
> >
> > judicial posts inferior to the post of dis-trict judge.
> >
> > 113. The Sadar-i-Riyasat may be public notification direct that the
> > foregoing provisions of this part and any rules made thereunder shall
> > with
> > effect from such date as may be fixed by him in that behalf apply in
> > relation to any class or classes of magis-trates in the State as they
> > apply
> > in relation to any persons appointed to the judicial service of the
> > State
> > Subject to such exceptions and modifications as may be specified in the
> > notification.
> >
> > *PART VIII*
> > *FINANCE, PROPERTY AND CONTRACTS*
> >
> > 114. No tax shall be levied or collected except by authority of law.
> >
> >  115. (1) Subject to the provisions of section 116, all revenues
> > received by
> > the Government, all loans raised by the Government by the issue of
> > treasury bills, loans or ways and means advances and all moneys received
> > by
> > Government in repayment of loaned shall form one consolidated fund to be
> >
> > entitled "the Consolidated Fund of the State."
> > (2) All other public moneys received by or on behalf of the Government
> > shall
> > be credited to the public account of the State.
> > (3) No moneys out of the Consolidated Fund of the State shall be
> > appropriated except in accordance with law and for the purposes and in
> > the
> > manner provided in this Constitution.
> >
> > 116. The Legislature may by law establish a Contingency Fund in the
> > nature
> > of an impress to be entitled
> > "the Contingency Fund of the State" into which shall be paid from time
> > to
> > time such sums as may be determined by such law, and the said Fund shall
> > be
> > placed at the disposal of the Sadar-i--Riyasat to enable advances to be
> > made
> > by him out of such fund for the purposes of meeting unforeseen
> > expenditure
> > pending authorisation of such expendi-ture by Legislature by law under
> > section 82 or 83.
> >
> > 117. The State may make any grants for any public purpose,
> > notwithstanding
> > that the purpose is not one with expect to which the Legislature may
> > make.
> >
> > 118. The custody of the Consolidated Fund of the State and the
> > Contingency
> > Funds of the State, the payment of moneys into such funds, the
> > withdrawal of
> > moneys therefrom, the custody of public moneys other than those credited
> > to
> > such Fund received by or on behalf of the Government, their payment into
> > the
> > public account of the State and the withdrawal of moneys from such
> > account
> > and all other matters connected with or ancillary to matters aforesaid
> > shall
> > be regulated by law made by the Legislature and, until provision in that
> > behalf is so made, shall be regulated by rules made by the
> > Sadar-i-Riyasat.
> >
> > 119. All moneys received by or deposited with:
> >
> > (a) any officer employed in connection with the affairs of the State in
> > his
> > capacity as such, other than revenues or public moneys raised or
> > received by
> > the Government; or
> >
> > (b) an, court within the State to the credit of any cause, matter,
> > account
> > or persons, shall be paid into the public account of the State.
> >
> > 120. Any property within the State which, if this Constitution had not
> > come
> > up into operation, would have accrued to the Government or any other
> > authority hi the State by escheat or lapse, or as bona-vacantia for want
> > of
> > a rightful owner, shall vest in the State.
> >
> > 121. (1) The executive power of the State shall extend, subject to any
> > law
> > made by the State Legisla-ture, to the carrying on of any trade or
> > busi-ness, and to the grant, scale, disposition or mortgage of any
> > property
> > held for the purposes of the State, and to the purchase or acquisi-tion
> > of
> > property for those purposes and to the making of contracts.
> >
> > (2) All property acquired for the purposes of the State shall vest in
> > the
> > State.
> >
> > 122. (1) All contracts made in the exercise of the executive power of
> > the
> > State shall be expressed to be made by the Sadar-i-Riyasat and all such
> > contracts and all assurance of property made in the exercise of that
> > power
> > shall be executed on behalf of the Sadar-i-Riyasat by such persons and
> > in
> > such manner as he may direct or authorise.
> >
> > (2) The Sadar-i-Riyasat shall not be personally liable in respect of any
> > contract or assurance made or executed for the purposes of this
> > Constitution, or for the purposes any of enact-ment relating to the
> > Government of the State heretofore in force, nor shall any person making
> > or
> > executing any such contract or assurance on his behalf be personally
> > liable
> > in respect thereof.
> >
> > 123. The Government may sue or be sued by the name of the State of Jammu
> > and
> > Kashmir and may, subject to any provisions which may be made by Act of
> > the
> > Legislature enacted by virtue of powers conferred by this Constitution,
> > sue
> > or be sued in relation to its affairs in the like cases as the State
> > might
> > have sued or been sued if this Constitution had not been enacted.
> >
> > *PART IX*
> > *THE PUBLIC SERVICE*
> >
> > 124. Subject to the provisions of this Constitution, the Legislature may
> > by
> > law regulate the recruitment and conditions of service of persons
> > appointed,
> > to public services and posts in connection with the affairs of the
> > State:
> >
> > Provided that it shall be competent for the Sadar--i-Riyasat or such
> > person
> > as he may direct, to make rules regulating the recruitment and the
> > conditions of services of persons appointed, to such services and posts
> > until provisions in that behalf is made by or under an Act of the
> > Legislature under this section, and any rules so made shall effect
> > subject
> > to the provisions of any such Act.
> >
> > 125. (1) Except expressly provided by this Constitution, every person
> > who is
> > a member of a civil service of the State or holds any civil post
> > under the State hold office during the pleasure of the Sadar-i-Riyasat.
> > (2) Notwithstanding that a person holding a civil post under the State
> > holds
> > office during the pleasure of the Sadar-i-Riyasat, any contract under
> > which
> > a person, not being a member of a civil service of the State, is
> > appointed
> > to hold such a post man, if the Sadar-i-Riyasat deems it necessary in
> > order
> > to secure the services of a person having special qualifications,
> > provide
> > for tile payment to him of compensation, if before the expiration of an
> > agreed period that post is abolished or he is, for reasons not connected
> > with any miscon-duct on his part required to vacate that post.
> >
> > 126. (1) No person who is a member of a civil service of tile State or
> > holds
> > a civil post under the State shall be distressed or removed by an
> > authority
> > subordinate to that by which he was appointed.
> >
> > (2) No such person as aforesaid shall be dismissed or removed or reduced
> > in
> > rank until he has been given a reasonable opportunity of show-ing cause
> > against the action proposed to be taken in regard to him:
> >
> > Provided that this sub-section shall not apply:
> >
> > (a) where a person is dismissed or removed or reduced in rank on the
> > ground
> > of con-duct which has led to his conviction on a criminal charge;
> >
> > (b) where an authority empowered to dismiss or remove a person or to
> > reduce
> > him in rank is satisfied that for some reason, to be recorded by that
> > authority in writing, it is not reasonably practicable to give to that
> > person an opportunity of showing cause; or
> >
> > (c) where the Sadar-i-Riyasat is satisfied that in the interests of the
> > security of the State it is not expedient to give to that person such an
> > opportunity.
> >
> > (3) If any question arises whether it is reasonably
> > practicable to give to any person an oppor-tunity of showing cause under
> > sub-section.
> >
> > (4) The decision thereon of the authority empo-wered to dismiss or
> > remove
> > such person or to reduce him in rank, as the case may be, shall be
> > final.
> >
> > 127. Until other Provisional is made in this behalf under the
> > constitution,
> > all the laws in force im-mediately before the commencement of this
> > Consti-tution and applicable to any public service or any post which
> > continues to exist after the commence-ment of this Constitution as
> > service
> > or post under the- State, shall continue in force so far as consistent
> > with
> > the provisions of this Constitu-tion.
> >
> > *THE PUBLIC SERVICE COMMISSION*
> >
> > 128. There shall be a Public Service Commission (here-inafter referred
> > to in
> > this Part as "the Commi-ssion" for the State.
> >
> > 129. (1) The Chairman and other members of the Commission shall be
> > appointed
> > by the Sadar-i-Riyasat:
> >
> > Provided that as nearly as may be one-half of the members of the
> > Commission
> > shall be persons who at the dates of their respective appointments have
> > held
> > office for at least ten years under the Government.
> >
> > (2) A member of the Commission shall hold office of a terms of five
> > years
> > from the date on which he enters upon his office or until he attains the
> > age
> > of sixty-five years, whichever is earlier:
> >
> > Provided that:
> >
> > (a) a member of the Commission may, by writing under his hand addressed
> > to
> > the Sadar-i-Riyasat, resign his office
> >
> > (b) a member of the Commission may be removed from his office in the
> > manner
> > hereinafter provided.
> >
> > (3) A person who holds office as a member of the Commission shall on the
> > expiration of his term of office, be ineligible for re-appointment to
> > that
> > office.
> >
> > 130. (1) Subject to the provisions of sub-section (3), the Chairman or
> > any
> > other member of the Commission shall only be removed from his office by
> > order of the Sadar-i-Riyasat on the ground of misbehaviour after the
> > High
> > Court on reference being made to it by the Sadar-i--Riyasat, has, on
> > inquiry
> > held in that behalf, reported that the Chairman or such other member, as
> > the
> > case may be ought on any such ground to be removed.
> >
> > The Sadar-i-Riyasat may suspend from office the Chairman or any other
> > member
> > of the Commission in respect of whom a reference has been made to the
> > High
> > Court under sub-section (l) until the Sadar-i-Riyasat has passed orders
> > on
> > receipt of the report of the High Court on such reference.
> >
> > (3) Notwithstanding anything in sub-section (1) the Sadar-i-Riyasat may
> > by
> > order remove from office the Chairman or any other mem-ber of the
> > Commission
> > if the Chairman on. such other member, as the case may be -
> >
> > (a) is adjudged an insolvent; or
> >
> > (b) engages during his term of office in any paid employment out side
> > the
> > duties of his office; or
> >
> > (c) is, in the opinion of the Sadar-i-Riyasat, unfit to continue in
> > office
> > by reason of infirmity of mind or body.
> >
> > (4) If the Chairman or any other member of the Commission is or becomes
> > in
> > anyway concern-ed or interested in any contract or agreement made by or
> > on
> > behalf of the Government of the State, the Government of India or the
> > Government of any other State in India or participates in anyway in the
> > profit thereof or in any benefit or emolument arising therefrom
> > otherwise
> > than as a member and in common with other members of an incorporated
> > company, he shall, for the purposes of sub-section (1), be deemed to be
> > guilty misbehavi-our.
> >
> > 131. The Sadar-i-Riyasat may be regulations:
> >
> > (a) determine the number of members of the Commission and their
> > conditions
> > of service; and
> >
> > (b) make provision with respect to the num-ber of members of the staff
> > of
> > the Commission and - their conditions of service;
> >
> > Provided that the conditions of service of a member of the Commission
> > shall
> > not be varied to his disadvantage after his ap-pointment.
> >
> > 132. On ceasing to hold office the Chairman and the members of the
> > Commission shall be ineligible for further office under the Government
> > of
> > the State, but a member other than the Chairman shall be eligible for
> > appointment as a Chairman of the Commission.
> >
> > Explanation: - For the purposes of this sec-tion; the office of Minister
> > or
> > Deputy Minister shall not be deemed to be an office under the Government
> > of
> > the state.
> >
> > 133. (1) It shall be the duty of the Commissions to conduct examinations
> > for
> > appointment to the services of the State.
> >
> > (2) The Commission shall be consulted -
> >
> > (a) on all matters relating to methods of recruitment to civil services
> > and
> > for civil posts;
> >
> > (b) on the principles to be followed in making appointments to civil
> > services and posts and in making promotions and transfers from one
> > service
> > to another and on the suitability of candidate for such appointments,
> > promotions or transfers;
> >
> > (c) on all disciplinary matters affecting a person serving under the
> > Government including memorials or petitions relating to such matters;
> > and it shall be the duty of the Commission to advise on any matter so
> > referred to them or on any other matter which the Sadar-i--Riyasat may
> > refer
> > to them:
> >
> > Provided that the Sadar-i-Riyasat may make regulations specifying the
> > matters in which either generally, or in any particular class of cases
> > or in
> > any particular circumstances, it shall not be necessary for the
> > Commission
> > to be consulted.
> >
> > (3) Nothing in sub-section (2) shall require the Commission to be
> > consulted
> > as respects the manner in which a provision may be made by the State for
> > the
> > reservation of appointment or posts in favour of any class of permanent
> > residents which in the opinion of the Govern-ment is not adequately
> > represented in the services under the State.
> >
> > (4) All regulations made under the proviso to sub-section (2) by the
> > Sadar-i-Riyasat shall be laid for not less than fourteen days before
> > each
> > House of the Legislature as soon as possible after they made, and shall
> > be
> > subject to such modifications, whether by way or repeal or amendment, as
> > the
> > Legislative Assembly may make during the session in which they are so
> > laid.
> >
> > 134. If the office of the Chairman of the Commission becomes vacant or
> > if
> > the Chairman is by reason of absence or for any other reason unable to
> > perform the duties of his office, those duties shall until some person
> > appointed under sub-section (1) of section 129 to the vacant office has
> > entered on the duties thereof or, as the case may be until the Chairman
> > has
> > resumed his duties, be performed by such one of the other members of the
> > Commission as the Sadar-i-Riyasat may appoint for the purpose.
> >
> > 135. An Act made by the Legislature may provide for the exercise of
> > additional functions by the Commission as respects the services of the
> > State
> > and also as respects the services of any local authority or other body
> > corporate constituted by law or of any public institution.
> >
> > 136. The expenses of the Commission, including any salaries, allowances
> > and
> > pensions payable to or in respect of the members or the staff of the
> > Com-mission, shall be charged on the Consolidated Fund of the State.
> >
> > 137. It shall be the duty of the Commission to present annually to the
> > Sadar-i-Riyasat a report as to the work done by the Commission and the
> > Sadar-I--Riyasat, on receipt of such report, shall cause a copy thereof
> > together with a memorandum explai-ning, as respects the cases, if any,
> > where
> > the advice of the Commission was not accepted, the reasons for such
> > non-acceptance to be laid before the Legislature.
> >
> > *PART X*
> > *ELECTIONS*
> >
> > 138. (1) The superintendence, direction and control of the preparation
> > of
> > the electoral rolls for, and the conduct of, the elections held under
> > Part
> > VI shall, be vested in an Election Commissio-ner to be appointed by the
> > Sadar-i-Riyasat.
> >
> > (2) The Sadar-i-Riyasat, may, for such period as he may deem necessary
> > appoint one or more Deputy Election Commissioners to assist the Election
> > Commissioner in the per-formance of the functions conferred by
> > sub-section
> > (1).
> >
> > (3) subject to the provisions of any law made by the Legislature, the
> > Conditions of service of the Election Commissioner and the Deputy
> > Election
> > Commissioner shall be such as the Sadar-i-Riyasat may by order specify.
> >
> > (4) The Sadar-i-Riyasat may make acts viable to the Election
> > Commissioner
> > such staff as may be necessary for the discharge of the functions
> > conferred
> > on the Election Commissioner by sub-section (1).
> >
> > 139. There shall be one general electoral roll for every territorial
> > constituency for election to either House of the Legislature and no
> > person
> > shall be ineligible for inclusion in any such roll or claim to be
> > inclu-ded
> > in any special electoral roll for any such consti-tuency on grounds only
> > of
> > religion, race, caste, sex or any of them.
> >
> > 140. The elections to the Legislative Assembly shall be on the basis of
> > adult suffrage; that is to say, every person who is a permanent resident
> > of
> > the State and who is not less than twenty-one years of age on such date
> > as
> > may be fixed in that behalf by or under any law made by the Legislature
> > and
> > is not otherwise disqualified under this Constitution or any law made by
> > the
> > Legislature on the ground of non-residence, unsoundness of mind, crime
> > or
> > corruptor illegal practice, shall be registered as a voter at any such
> > election.
> >
> > Subject to the provisions of this Constitution, the Legislature may from
> > time to time by law make provision with respect to all matters relating
> > to,
> > or in connection with elections to either House of the Legislature,
> > including the preparation of elec-toral rolls, the delimitation of
> > constituencies, appointment of election tribunals and all other matters
> > necessary for securing the due constitution of the two Houses.
> >
> > 142. Notwithstanding anything in this Constitution:
> >
> > (a) the validity of any law relating to the delimita-tion of territorial
> > constituencies for the pur-pose of electing members of the Legislative
> > Assembly or the allotment of seats to such constituencies, made or
> > purporting to be made under section 141, shall not be called in
> > ques-tion in
> > any court;
> >
> > (b) no election to either House of the Legislature shall be called in
> > question except by an elec-tion petition present to such authority and
> > in
> > such manner as may be provided for by or under any law made by the
> > Legislature.
> >
> > *PART XI*
> > *MISCELLANEOUS PROVISIONS*
> >
> > 143. (1) The Sadar-i-Riyasat shall not be answerable to any court for
> > the
> > exercise of performance of the powers and duties of his office or for
> > any
> > act done or purposing to be done by him in the exercise and performance
> > of
> > those -powers and duties.
> >
> > Provided that nothing in this subjection-sec-tion shall be construed as
> > restricting the right of any person to bring appropriate proceed-ings
> > against the Government.
> >
> > (2) No criminal proceedings whatsoever shall be instituted or continued
> > against the Sadar-I--Riyasat in any court during his term of office. No
> > process for the arrest or imprisonment of the Sadar-i-Riyasat shall
> > issue
> > from any court during his term of office.
> >
> > No civil proceedings in which relief is claimed against the
> > Sadar-i-Riyasat
> > shall be instituted during his term of office in any court in res-pect
> > of
> > any act done or purporting to be done by him in his personal capacity,
> > whether be-fore or after he entered upon his office as Sadar-i-Riyasat,
> > until the expiration of two months next after notice in writing has been
> > delivered to the Sadar-i-Riyasat or left at his office stating the
> > nature of
> > the proceedings the cause of action therefor, the name, descri-ption and
> > place of residence of the party by whom such proceedings are to be
> > instituted and the relief which he claims.
> >
> > 144. The flag of the State shall be rectangular in shape and red in
> > colour
> > with three equidistant white vertical stripes of equal with next to the
> > staff and a white plough in the middle with the handle facing the
> > stripes.
> >
> > The ratio of the length of the flag to its width shall be 3:2.
> >
> > 145. The official language of the State shall be Urdu, but the English
> > language shall, unless the Legisla-ture by law otherwise provides
> > continue
> > to be used for all the official purpose of the State for which it was
> > being
> > used immediately before the com-mencement of this Constitution.
> >
> > . The Sadar-i-Riyasat shall, as soon as may be, after the commencement
> > of
> > the Constitution establish an Academy of Arts, Culture and Language,
> > where
> > opportunities will be afforded for the development of Art and Culture of
> > the
> > State and for the development of Hindi, Urdu and other regional
> > languages of
> > the State specified in the Sixth Schedule.**
> >
> > *PART XII*
> > *AMENDMENTS OF THE CONSTITUTION*
> >
> > 147. An amendment of this constitution may be initia-ted only by the
> > introduction of a Bill for the pur-pose in the Legislative Assembly and
> > when
> > the Bill is passed in each House by a majority of not less than
> > two-thirds
> > of the total membership of at the House, it shall be presented to the
> > Sadar-i-Riyasat for his assent and, upon such assent being given to the
> > Bill, the Constitution shall stand amended in accordance with the terms
> > of
> > the Bill:
> >
> > Provided that a Bill providing for the abolition of the Legislative
> > Council
> > may be intro-duced in the Legislative Assembly and passed by it majority
> > of
> > the total membership of the Assembly and by a majority of not less than
> > two-thirds of the members of the Assembly present and voting:
> >
> > Provided further that no Bill or amendment seeking to make any change
> > in:
> >
> > (a) this section;
> >
> > (b) the provisions of the sections 3 and 5; or
> >
> > (c) the provisions of the constitution of India as applicable in
> > relation to
> > the State;
> >
> > shall be introduced or moved in either house -of the Legislature.
> > _________________________________________
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