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

[Babu Sundara]

Hi.
To add to the discussion, these so called facts or "facts" loose its
relevance and becomes a great joke, if we are aware of the Armed Forces
Special Powers Act 1958 and Public Safety Act in J&K.
regard,
sundara babu


On 06/12/2007, Pawan Durani <pawan.durani at gmail.com> wrote:
>
> Aarti Ji ,
>
> I never said that you in particular are ignorant of these facts . You are
> highly intelligent and knowledgable . And I am sure there would be few who
> would be ignorant about these facts.
>
> Maybe ,many of them who do not live in India.
>
> regards
>
> Pawan
>
>
> On 12/6/07, Aarti Sethi <aarti.sethi at gmail.com> wrote:
> >
> > And which "facts" does this extract present us with which you claim we
> are
> > in ignorance of? Even more interesting, what makes them "facts"? It
> might be
> > fruitful to spend some time thinking about the latter...
> >
> > On Dec 6, 2007 12:20 PM, Pawan Durani <pawan.durani at gmail.com> wrote:
> >
> > > 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 Co...
>
> [Message clipped]




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SUNDARA BABU NAGAPPAN
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