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TMI BlogJammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020X X X X Extracts X X X X X X X X Extracts X X X X ..... r, or if it is so directed, shall stand repealed. 4. Where this Order requires that in any specified section or other portion of an Act, certain words shall be substituted for certain other words, or the certain words shall be omitted, such substitution or omission, as the case may be, shall, except where it is otherwise expressly provided, be made wherever the words referred to occur in that section or portion. 5. The provisions of this Order which adapt or modify any law so as to alter the manner in which, the authority by which or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, bye-law, rule or regulation duly made or issued, or anything duly done before the 31 st day of October, 2019; and any such notification, order commitment, attachment, bye-law, rule, regulation or anything may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances as if it had been made, issued or done after the commencement of this Order by the competent authority and in accordance with the provisions then applicable to such case. 6. (1) The repeal or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pute to Mediation or Conciliation.- (1) If during the pendency of petitions under sections 9 or 11 of the Act, it appears to the court, that there exists elements of a settlement which may be acceptable to the parties, the court may, with the consent of parties, refer the parties, for resolution of their disputes, to,- (a) mediation; or (b) conciliation. (2) The procedure for reference of a dispute to mediation is as under (a) where a dispute has been referred for resolution by recourse to mediation, the procedure framed under that Act shall apply; (b) in case of a successful resolution of the dispute, the Mediator shall immediately forward the mediated settlement to the referral court; (c) on receipt of the mediated settlement, the referral court shall independently apply its judicial mind and record a satisfaction that the mediated settlement is genuine, lawful, voluntary, entered into without coercion, undue influence, fraud or misrepresentation and that there is no other legal impediment in accepting the same; (d) the court shall record a statement on oath of the parties, or their authorised representatives, affirming the mediated settl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f satisfied, the court shall pass an order in terms of the settlement; (f) if the main petition, in which the reference was made is pending, it shall be disposed of by the referral court in terms thereof; (g) if the main petition, in which the reference was made stands disposed of, the mediated settlement and the matter shall be listed before the referral court, which shall pass orders in accordance with clauses (iii), (iv) and (v); (h) such a mediated settlement, shall have the status of a modified arbitral award and may be enforced in the manner specified under section 36 of the Act. (3) With respect to reference of a dispute to conciliation, the provisions of Part III of the Act, shall apply as if the conciliation proceedings were initiated by the parties under the relevant provision of this Act. 3. Amendment of sections 29A.- (a) for sub-section (1), the following sub-section shall be substituted, namely: (1) The award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the reference. Explanation .-For the purposes of this sub-section, an arbitral tribunal shall be deemed to have entered u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st is sought in the suit .-(1) Where the plaintiff seeks interests, the plaint shall contain a statement to that effect along with the details set out under sub-rules (2) and (3). (2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, 1908 and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that. (3) Pleadings shall also state- (a) the rate at which interest is claimed; (b) the date from which it is claimed; (c) the date to which it is calculated; (d) the total amount of interest claimed to the date calculation; and (e) the daily rate at which interest accrues after the date. ; (C) In Order VIII, (i) in Rule 1, for the proviso thereto, substitute the following proviso, namely,- Provided that where the defendant fails to file the written statement with the said period of thirty days, he shall be allowed to file the written statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ong with the plaint, including: (a) documents referred and relied on by the plaintiff in the plaint; (b) documents relating to any matter in question in the proceedings, in the power, possession, control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support of or adverse to the plaintiffs case; and (c) nothing in this rule shall apply to documents produced by plaintiffs and relevant only (i) for the cross-examination of the defendant s witnesses, or (ii) in answer to any case setup by the defendant subsequent to the filing of the plaint, or (iii) handed over to a witness merely to refresh his memory. (2) The list of documents filed with the plaint shall specify whether the documents in the power, possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document, mode or execution, issuance or receipt and line of custody of each document. (3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power, possession, control, or custody of the pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aintiff subsequent to the filing of the plaint; or (iii) handed over to a witness merely to refresh his memory. (8) The list of documents filed with the written statement or counter-claim shall specify whether the documents, in the power, possession, control or custody of the defendant, are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document being produced by the defendant, mode of execution, issuance or receipt and line of custody of each document. (9) the written statement or counter-claim shall contain a declaration on oath made by the deponent that all documents in the power, possession, control or custody of the defendant, save and except for those set out in sub-rule (7) (c) (iii), pertaining to the facts and circumstances of the proceedings initiated by the plaintiff or in the counter-claim, have been disclosed and copies thereof annexed with the written statement or counter-claim and that the defendant does not have in its power, possession, control or custody, any other documents. (10) Save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents, which w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault. (4) Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil Procedure, 1908, with such variations as circumstances may require. (5) Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer of other person, any opposite party may apply for any order allowing him to deliver interrogatories to any member or officer of such corporation or body, and an order may be made accordingly. (6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters required into are not sufficiently material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in answer. (7) Any interrogatories may be set aside on the ground that they have been exh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tial for a decision therein and which are in their power, possession, control or custody or where a court holds that inspection or copies of any documents had been wrongfully or unreasonably withheld or refused. 4. Admission and denial of documents. -(1) Each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within fifteen days of the completion of inspection or any later date as fixed by the court. (2) The statement of admissions and denials shall set out explicitly, whether such party was admitting or denying: (a) correctness of contents of a document; (b) existence of a document; (c) execution of a document; (d) issuance or receipt of a document; (e) custody of a document. Explanation . -A statement of admission or denial of the existence of a document made in accordance with clause (b) of sub-rule (2) shall include the admission or denial of the contents of a document. (3) Each party shall set out reasons for denying a document under any of the above grounds and bare and unsupported denials shall not be deemed to be denials of a document and proof of su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner in which such electronic record was produced and by whom; (c) the dates and time of preparation or storage or issuance or receipt of each such electronic record; (d) the source of such electronic record and date and time when the electronic record was printed; (e) in case of e-mail ids, details of ownership, custody and access to such e-mail ids; (f) in case of documents stored on a computer or computer resource (including on external servers or cloud), details of ownership, custody and access to such data on the computer or computer resource; (g) deponent s knowledge of contents and correctness of contents; (h) whether the computer or computer resource used for preparing or receiving or storing such document or data was functioning properly or in case of malfunction that such malfunction did not affect the contents of the document stored; (i) that the printout or copy furnished was taken from the original computer or computer resource. (4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not be required to give inspection of electronic records, provided a declaration is made by such party that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by the parties to the dates fixed under Rule 2 and facilitate speedy disposal of the suit. 6. Powers of the court in a Case Management Hearing.- (1) In any Case Management Hearing held under this order, the court shall have the power to (a) prior to the framing of issues, hear and decide any pending application filed by the parties under Order XIII-A; (b) direct parties to file compilations of documents or pleadings relevant and necessary for framing issues; (c) extend or shorten the time for compliance with any practice, direction or court order if it finds sufficient reason to do so; (d) adjourn or bring forward a hearing if it finds sufficient reason to do so; (e) direct a party to attend the court for the purposes of examination under Rule 2 of Order X; (f) consolidate proceedings; (g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed; (h) direct a separate trial of any issue; (i) decide the order in which issues are to be tried; (j) exclude an issue from consideration; (k) dismiss or g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vits, conduct cross-examination of witnesses, file written submissions, address oral arguments or make further arguments in the trial, as the case may be; or (c) dismiss the plaint or allow the suit where such non-compliance is willful, repeated and the imposition of costs is not adequate to ensure compliance‖. (F). Amendment of Order XVIII.-In Order XVIII of the Code, (I) in Rule 2, after sub-rule (3), insert the following sub-rules, namely: (3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely and under distinct headings written arguments in support of his case to the court and such written arguments shall form part of the record. (3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of the arguments and the citations of judgments being relied upon by the party and include copies of such judgments being relied upon by the party. (3C) A copy of such written arguments shall be furnished simultaneously to the opposite party. (3D) The court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised written arguments within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should follow the chronological sequence of, the dates and events that are relevant for proving any fact or any other matter dealt with; (b) where the court is of the view that an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party s case, the court may, by order, strike out the affidavit or such parts of the affidavit, as it deems fit and proper; (c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the subject; (d) an affidavit shall state (i) which of the statements in it are made from the deponent s own knowledge and which are matters of information or belief; and (ii) the source for any matters of information or belief. (e) an affidavit should (i) have the pages numbered consecutively as a separate document (or as one of several documents contained in a file); (ii) be divided into numbered paragraphs; (iii) have all numbers, including dates, expressed in figures; and (iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit or any other pleadings, give the annexures and page numbers of such document ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for High Court and for the District Courts and it shall not be necessary to appoint Public Prosecutor or Additional Public Prosecutor for the High Court in consultation with High Court and Public Prosecutor or Additional Public Prosecutor for the District Court from amongst the person constituting the cadre of Prosecution for the State of Jammu and Kashmir. B. Section 25A .-(i) for sub-sections (1) and (2), substitute (1) The Government of the Union territory of Jammu and Kashmir shall establish a Directorate of Prosecution consisting of a Director General of Prosecution and such other officers, as may be provided in rules to be framed by the said Government; and (2) The Post of Director General of Prosecution and all other officers, constituting the prosecution cadre, shall be filled in accordance with the rules to be framed by the said Government. (ii) in sub-section (3), substitute Director of Prosecution with Director General of Prosecution ; (iii) for sub-section (4), substitute (4) subject to the control of the Director General of Prosecution, the Deputy Director shall be subordinate to and under the Control of a Joint Director . (i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 84) Section 1. In sub-section (2), omit except the State of Jammu and Kashmir Section 19.- Omit sub-section (6) 15. THE GOVERNMENT SECURITIES ACT, 2006 (38 of 2006) Omit Section 33. 16. THE HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICES) ACT, 1954 (28 of 1954) Omit Section 23C. 17. THE HOMEOPATHY CENTRAL COUNCIL ACT, 1973 (59 of 1973) Section 2 . -Omit sub-section (2) 18. THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 (104 of 1956) Omit Section 2A. 19. THE INCOME-TAX ACT, 1961 (43 of 1961) Omit Section 269S. 20. THE INDIAN FOREST ACT, 1927 (16 of 1927) Section 2. (i) for clause (1), the following clauses shall be substituted, namely: (1) authorised officer means an officer authorized under sub-section (2) of section 52; (1A) cattle include elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, ram, ewes, sheep, lambs, goats and kids; (1B) forest based industry means an industry or unit in which any forest produce is used as raw material or as a source of energy ; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such forest as demarcated forests shall be deemed to have been decided, issued and prepared under this Act, and the provisions of this Act relating to reserved forests shall apply to forest to which the provision of sub-section (1) are applicable . Section 26. In sub-section (1) (i) in clause (e), substitute the word dragging with the words dragging or removing ; (ii) in clause (f), substitute the words the same with the words the same or any forest produce ; (iii) for clause (h), substitute the following clause, namely: (h) clears or breaks up any land or erects a fence, enclosure or any structure for cultivation or cultivates or attempts to cultivate any land in any other manner in any reserved forest, or for any other purpose ; (iv) in the long line, for the words six months, or with fine which may extend to five hundred rupees, , substitute the words two years, or with fine which may extend to twenty five thousand rupees, ; Section 28. (i) in sub-section (1), for the word reserved forest , substitute the words reserved forest or declared a protected forest or is a land which has been entered in settlement records ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of any reserved forest, protected forest, village forest or forest produce, the forest produce, together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any such offence, may be seized by a Forest Officer or Police Officer. (2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure before an officer not below the rank of the Divisional Forest Officer (hereinafter referred to as the authorised officer ): Provided that when the forest produce with respect to which such offence is believed to have been committed is the property of the Government and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior. (3) Subject to sub-section (5), where the authorised officer upon receipt of report about seizure, is satisfied that a forest offence has been committed in respect thereof, he may, by order in writing and for reasons to be recorded, confiscate forest produce so se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... res from the place of such offence: Provided that notwithstanding anything contained in section 57, in case of unclaimed cattle a Forest Officer not below the rank of Range Officer, after giving sufficient publicity in the vicinity of the place of offence for the owner to come forward to claim the cattle within seven days from the date when such publicity has been given, may dispose them of by public auction. (7) The provisions of the Cattle Trespass Act, 1871 (1 of 1871), shall apply in respect of the charges to be levied for the upkeep and fee of the cattle.‖. Insertion of section 52A to 52D. After section 52, insert the following sections, namely: 52A . Revision before Court of Sessions against order of confiscation . (1) Any party aggrieved by an order of confiscation under section 52 may within thirty days of the order or if facts of the confiscation have not been communicated to him, within thirty days of knowledge of such order submit a petition for revision to the Court of Sessions Division whereof the headquarters of Authorised Officer are situated. Explanation I. In computing the period of thirty days under this sub-section, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 61 of the Act. 52C. Power of search and seizure.- (1) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is reason to believe that a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in the possession of such driver or other person in charge of the vehicle. (2) Any forest officer not below the rank of Range officer, having reasonable grounds to believe that forest produce is, in contravention of the provisions of this Act, in the possession of a person in any place, may enter such place with the object of carrying out a search for the forest produce and its confiscation: Provided that such search shall not be conducted otherwise than in accordance with the provisions of the Code of Criminal Procedure, 1973. 52D. Penalty for forcibly opposing seizure.- Whosoever opposes the seizure of any f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ived by his court or by any other court having jurisdiction to try the offence on account of which the seizure of property has been made. . Section 55. For sub-section (1), substitute the following sub-section: (1) All timber or forest produce which in either case is not the property of the Government and in respect of which a forest offence has been committed, and all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article, in each case used in committing any forest offence shall, subject to the provisions of section 52, 52A and 52B, be liable to confiscation upon conviction of the offender for such offence. . Section 56. For the words When the trial of , substitute the words, figures and letter, Without prejudice to the provisions of section 52C, when the trial of . Section 57. For section 57, substitute the following section, namely: 57. Procedure when the offender is not known or cannot be found .- When the offender is not known or cannot be found the Magistrate may, if he finds that an offence has been committed, but subject to section 52B, order the property in respect of which offence has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 52,63 and 64 and it shall be the duty of every such officer to comply with such requisition. 65B. Police officers bound to seek technical clearance from Authorized Officer.- Any police officer seizing any property under the provisions of this Act or rules framed there under shall be bound to seek technical clearance of the authorized officer to lodge a complaint to the magistrate under section 52 of this Act. Section 67. For the words ―not exceeding six months, or fine not exceeding five hundred rupees , substitute the words ―not exceeding two years or with fine not exceeding twenty five thousand rupees . Section 68. For section 68, substitute the following section, namely: 68. Power to compound offences .- (1) The Government may, by notification in the Official Gazette, empower any forest officer not below the rank of Assistant Conservator of Forests- (a) to accept from any person against whom a reasonable suspicion exists, that he has committed any forest offence involving damage not exceeding fifty thousand rupees, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther that the powers under clause (d) shall not be exercised by a forest officer below the rank of a Divisional Forest Officer. (2) Any evidence recorded under clause (c) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate, if that it has been taken in the presence of the accused person. (3) Any forest officer not below the rank of a Range Officer may delegate his powers of inquiry to an officer of the rank of Forester if the offence is compoundable under section 68 of this Act. Section 74. For section 74, substitute the following section, namely:- 74. Indemnity for acts done in good faith. -(1) No suit, prosecution or other legal proceedings shall lie against any public servant for anything done in good faith or omitted to be done likewise, under this Act or the rules or orders made thereunder. (2) No Court shall take cognizance of any offence alleged to have been committed by a forest officer while acting or purporting to act in the discharge of his official duty except with the previous sanction of the Government of Union territory of Jammu and Kashmir . Section 76A. After section 76, insert the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich may extend to two thousand rupees . Insertion of sections 79A to 79C. After section 79, insert the following sections, namely:- 79-A. Penalty for unauthorisedly taking possession of land constituted as reserved or protected forest.- (1) Any person who unauthorisedly takes or remains in possession of any land in areas constituted as reserved forest or protected forest under section 20 or section 29 as the case may be, may, without prejudice to any other action that may be taken against him under any other provision of this Act, be summarily ejected by order of a forest officer not below the rank of a Divisional Forest Officer and any crop which may be standing on such land or any building or other work which he may have constructed thereon, if not removed by him within such time as such forest officer may fix, shall be liable to forfeiture: Provided that no order of ejectment under this sub-section shall be passed unless the person proposed to be ejected is given a reasonable opportunity of showing cause why such an order should not be passed. (2) Any property so forfeited shall be disposed of in such manner as the forest officer may direct and the cost ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act in respect of timber and other forest produce, or under any contract relating to timber and other forest produce including any sum recoverable there under for breach thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of timber or other forest produce by auction or by invitation of tenders, issued by or under authority of a forest officer and all compensation awarded to the Government under this Act shall, if not paid when due, be recovered, under the law for the time being in force, as if it were an arrear of land revenue‖. Insertion of Sections 82-A to 82-H. After section 82, insert the following sections, namely:- 82-A. Recovery of penalties due under a bond.- When in respect of any forest lease any person binds himself by any bond or instrument to perform any duty or act, or covenants by any bond or instrument that he, or that he and his servant and agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof shall notwithstanding anything in section 74 of the Indian Contract Act, 1872 , be recovered from hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ublic record or copy thereof relating to the subject matter of inquiry from any court or office; and (e) issuing commissions for examination of witnesses, documents or other books of accounts relating to the subject matter of inquiry. (2) The Authority shall also have power to issue a commission to such person as it considers fit for local investigation which may be requisite or proper for the purpose of elucidating any matter which is the subject matter of inquiry or of ascertaining the market value of any property. (3) The person directed to execute a commission for any purpose under this section shall have all the powers of a commissioner appointed by a Civil Court in pursuance of the provisions of the Code of Civil Procedure, 1908 (5 of 1908). (4) The Authority shall have the power to pass such orders as it thinks fit for the seizure, attachment, management, preservation, interim custody or sale of any forest produce or timber (wherever it may be in the State) which may be the subject matter of proceedings before it including the appointment of a receiver for any of the aforesaid purposes. 82-E. Restriction on alienation. (1) Notwithstanding anything ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and shall be deemed to be a certificate within the meaning of section 90 of the Jammu and Kashmir Land Revenue Act, 1996. (4) No further appeal shall lie against the decision of the High Court. 82-H. Exclusion of jurisdiction of Civil Court.- No Civil Court shall have jurisdiction to entertain any suit or other proceeding in respect of any matter which the Authority has taken cognizance of under section 82-B. Insertion of section 83A. After section 83, insert the following section, namely: 83A. Restriction on alienation. (1) Notwithstanding anything contained in the Transfer of Property Act 1882, or in any other law for the time being in force, no property offered by a forest lessee or by any other person on behalf of a forest lessee, as security for payment of royalty, interest, compensation, penalty or any other amount chargeable from the forest lessee, under any lease deed, bond or instrument shall be alienated without the previous permission of the Government of Union Territory of Jammu and Kashmir, till such time as the Chief Conservator of Forests certifies that such forest lessee has duly performed all the obligations devolving upon him under s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xchange of some benefits or other favours that such person is empowered to grant or withhold, shall be guilty of offence of sextortion. Explanation . For the purpose of this section, sexual favour shall mean and include any kind of unwanted sexual activity ranging from sexually suggestive conduct, sexually explicit actions such as touching, exposure of private body parts to sexual intercourse, including exposure over the electronic mode of communication. (2) Any person who commits the offence of sextortion shall be punished with rigorous imprisonment for a term which shall not be less than three years but may extend to five years and with fine. 23. THE INSOLVENCY AND BANKRUPTCY CODE, 2016 (31 of 2016) Section 1 .- In sub-section (2), omit the proviso. 24. THE LIMITATION ACT, 1963 (36 of 1963) Insertion of Section 30A .- After section 30, insert the following section, namely:- 30A. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Limitation Act, samvat 1995.- Notwithstanding anything contained in this Act,- (a) Any suit for which the period of limitation is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd staff subordinate to him as the Government of Union territory of Jammu and Kashmir may from time to time think fit to appoint. (3) The qualification of officers (other than the Director) shall be such as may be prescribed by the Government of Union territory of Jammu and Kashmir: Provided that till qualification of officers (other than the Director) is prescribed by the Government of Union Territory of Jammu and Kashmir, the rules notified by the Government in this regard under the Prevention of Corruption Act, Samvat, 2006 (now repealed) shall continue to govern the qualification of such officers. (4) The Director and the officers and staff subordinate to him shall hold office for such term and on such conditions as the Government of Union Territory of Jammu and Kashmir may from time to time determine. Explanation : The Anti-Corruption Bureau established under the Prevention of Corruption Act, Samvat, 2006 (now repealed) shall deemed to be Anti-Corruption Bureau established under the provisions of this Act, as if the same has been established under the provisions of this Act and any reference to the Anti-Corruption Bureau in any law, order, notification or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... attachment so issued within [thirty days]: Provided that an opportunity of being heard shall be afforded to the Investigating Officer and the person whose property is being attached or seized before making any order under this sub-section: Provided further that till disposal of the case the Designated Authority shall ensure the safety and protection of such property. (4) In the case of immovable property attached by the Investigating Officer, it shall be deemed to have been produced before the Designated Authority, when the Investigating Officer notifies his report and places it at the disposal of the Designated Authority. (5) Any person aggrieved by an order under the proviso to sub-section (1) may apply to the Designated Authority for grant of permission to transfer or otherwise deal with such property. (6) The Designated Authority may either grant, or refuse to grant, the permission to the applicant. (7) The Designated Authority, acting under the provisions of this Act, shall have all the powers of a civil court required for making a full and fair enquiry into the matter before it. 17D. Appeal against the order of Designated Authority. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court or where in a prosecution instituted for the contravention of the provisions of this Act, the person against whom an order of the special court has been made is acquitted, such property shall be returned to him and in either case if it is not possible for any reason to return the forfeited property, such person shall be paid the price therefor as if the property had been sold to the Government with reasonable interest calculated from the date of seizure of the property and such price shall be determined in the manner prescribed. 17G. Order of forfeiture not to interfere with other punishments. The order of forfeiture made under this Act by the Special Court, shall not prevent the infliction of any other punishment to which the person affected thereby is liable under this Act. 30. THE PROTECTION OF HUMAN RIGHTS ACT, 1993 (10 of 1994) Section 21.- (i) in sub-section (5), omit the second Proviso; (ii) in sub-section (7), for other than Union territory of Delhi substitute other than Union territory of Delhi, Union territory of Jammu and Kashmir and Union territory of Ladakh ; and (iii) in sub-section (8), for Union territory of Delh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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