More stringent laws

21/08/2019

The Narendra Modi government's historic decision on Jammu and Kashmir, will be debated for days, even weeks to come. Article 370 accorded special status to Jammu and Kashmir, allowing the state to have its own constitution, flag and rights. From increase in legislative seats to abolishing the Upper House of the Legislative Assembly, Jammu and Kashmir will see major constitutional and administrative changes in the new Union Territory. According to the Jammu and Kashmir Re-organisation Act-2019, which was passed by Parliament in the first week of August, seven seats would be added to the existing strength of 107, which include 24 seats reserved for the representatives from Pakistan occupied Kashmir. After the bifurcation of the State of J&K into two union territories - Ladakh and Jammu Kashmir - four seats of Ladakh were deleted from the existing 87. As per the Act, the existing Public Service Commission (PSC) will continue to be the recruiting agency for the gazetted services while the UT of Ladakh shall come under the ambit of the Union Public Service Commission. 166 existing state laws will remain in force in the two Union Territories while 153 state laws have been repealed along with 11 Governor's Act.
Doomsday is near for those indulging in Benami property transactions in Jammu, Kashmir and Ladakh as Central Act, which will become applicable from October 31, 2019 onwards, is more stringent than the law enacted by the State Government. Moreover, over half a dozen agencies will play crucial role in ensuring enforcement of the law as such violators will have no chance to go scot-free. The Union Government had enacted the Prohibition of Benami Property Transactions Act in the year 1988 but in Jammu and Kashmir Benami Transactions (Prohibition) Act was enacted in 2010, which, however, remained unimplemented because of the failure of the successive Governments to frame Rules. In the year 2016, the Union Government carried out several amendments in the Act of 1988 and came up with more stringent Benami Transactions (Prohibition) Amendment Act. In Jammu and Kashmir, the Act of 2010 was repealed last year and new Jammu and Kashmir Prohibition of Benami Property Transactions Act, 2018 was enacted by the Governor in exercise of the powers vested under Proclamation No.P-1/18 dated June 20, 2018 in order to curb the Benami property transactions, which have seen surge during the past some years. Shockingly, implementation of this law has yet not begun. However, from October 31, 2019 the Governor's Act will not remain in force as per the provisions of the Jammu and Kashmir Reorganization Act, 2019 and the Central Act of 2016 will become applicable in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.

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