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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 ..... epealed. 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 31st 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 amendment of any law specified in the Schedule to this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents 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 settlement as well as a clear undertaking of the parties to abide by the terms of the settlement; (e) if satisfied, the court shall pass an order in terms of the settlement; (f) if the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 upon the reference on the date on which the arbitrator or all the arbitrators, as the case may be, have received notice, in writing, of their appointment."; (b) in sub-section (4), omit second and third provisos. 4. Amendment of section 34.- (i) after sub-section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd, 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 on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the court shall not allow the written st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation 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 plaintiff, pertaining to the facts and circumstances of the proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does not have any other documents in its power, possession, control or custody. Explanation.- A declaration on oath under this sub-rule shall be contained in the Statement of Truth as set out in the Appendix I. (4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the above declarati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent 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 were in the defendant's power, possession, control or custody and not disclosed along with the written statement or counter-claim, save and except by leave of court and such leave shall be granted only upon the defendant establishing reasonable cause for non-disclosure along with the written statement or counter-claim. (11) The written statement or counter-claim shall set out details of documents in the power, possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which have not been disclosed with the plaint, and cal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther 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 exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous and any application for this purpose may be made within seven days after service of the interrogatories. (8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the court may allow. (9) An affidavit in answer to interrogatories shall be in the form provided in Form No. 3 in Appendix C to the Code of Civil Procedure, 1908, with such variations as circumstances may require. (10) No exceptions shall be taken to any affidavit i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istence 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 such documents may then be dispensed with at the direction of the court. (4) Any party may however submit bare denials for third party documents of which the party denying does not have any personal knowledge of, and to which the party denying is not a party to in any manner whatsoever. (5) An affidavit in support of the statement of admissions and denials shall be filed confirming the correctness of the contents of the statement. (6) In the event that the court holds that any party has unduly refused to admit a document under any of the above criteria, costs (including exemplary costs) for deciding on admissibility of a document may be imposed by the court on such party. (7) T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 each such copy, which has been produced, has been made from the original Electronic Records. (5) The court may give directions for admissibility of electronic records at any stage of the proceedings. (6) Any party may seek directions from the court and the court may of its motion issue directions for submission of further proof of any electronic record including metadata or logs before admission of such electronic record.‖ (E). Insertion of Order XV-A.- After Order XV of the Code, insert the following Order, namely,- "ORDER XV-A 1. First Case Management Hearing.-The court shall hold the first Case Management Hearing, not later than four week's from the date of filing of affidavit of admission or denial of documents by all parties to the suit. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ination 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 give judgment on a claim after a decision on a preliminary issue; (l) direct that evidence be recorded by a Commission where necessary in accordance with Order XXVI; (m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or argumentative material; (n) strike off any parts of the affidavit of evidence filed by the parties containing irrelevant, inadmissible or argumentative material; (o) delegate the recording of evidence to such authority appointed by the court for this purpose; (p) pass any order relating to the monitoring of recording the evidence by a commission or any other authority; (q) order any party to file land exchange a costs budget; (r) issue directions or pass any order for the purpose of managing the case and furthering the overriding objective of ensuring the efficient disposal of the suit. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 a period of not more than one week after the date of conclusion of arguments. (3E) No adjournment shall be granted for the purpose of filing the written arguments unless the court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. (3F) It shall be open for the court to limit the time for oral submissions having regard to the nature and complexity of the matter". (II) In Rule 4, after sub-rule (1), insert the following sub-rules, namely:- "(1A) The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party shall be filed simultaneously by that party at the time directed in the first Case Management Hearing. (1B) A party shall not lead additional evidence by the affidavit of any witness (including of a witness who has already filed an affidavit) unless sufficient cause is made out in an application for that purpose and an order, giving reasons, permitting such additional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments 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 documents that are relied upon". 4. Insertion of Appendix I.- After Appendix H, insert the following Appendix, namely:- "APPENDIX-I STATEMENT OF TRUTH [Under First Schedule, Order XI-Rule 1, sub-rule (3)] I_____________ the deponent do hereby solemnly affirm and declare as under: 1. I am the party in the above suit and competent to swear this affidavit. 2. I am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto. 3. I say that the statements made in________ paragraphs are true to my knowledge and statements made in _________________________ paragraphs are based on information received which I believe to be correct and statements made in__________________ paragraphs are based on legal advice. 4. I say that there is no false statement or concealment of any material fact, document or record and I have included information that is according to me, relevant for the present suit. 5. I say that all documents in my power, possession, control or custody, pertainin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Director". (iv) substitute sub-section (5),- "Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the Government of the Union territory of Jammu and Kashmir under subsection (1), or the case may be under sub-section (8) of section 24 to conduct cases in the High Court shall be subordinate to the Advocate General."; (v) for sub-section (7), substitute- "(7) The powers and functions of the Director General of Prosecution and other officers of the prosecution cadre shall be such as may be provided by the rules". C. Amendment of The First Schedule.- In the First Schedule of the Code of Criminal Procedure, 1973 after the entries relating to section 354E, insert the following entries, namely,- 1 2 3 4 5 6 354E Sextortion Imprisonment of not less than 3 years but which may extend to five years and with fine. Cognizable Non-bailable Magistrate of the First Class 10. THE COLLECTION OF STATISTICS ACT, 2008 (07 of 2009) Section 1.- In sub-section (2), the proviso thereto shall be omitted. THE COMMISSIONS OF INQUIRY ACT, 1952 (60 of 1952) Section 2.- in clause (a), in sub-clause(ii), omit the Proviso. Omit Section 2A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all other parts or produce of wild animals whether found in, or brought from, a forest or not; and (b) the following when found in, or brought from, a forest, namely:-- (i) trees and leaves, flowers and fruits, roots and all other parts or produce of trees not specified in clause (a); (ii) plants not being trees (including grass, bamboos, creepers, reeds and moss and lichen), and all parts or produce of such plants; (iii) silk, cocoons, honey and wax; and (iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and all products of mines or quarries);". (iii) after clause (5), insert the following clause, namely:- "(5A) "saw mill" means any plant and machinery with which and the premises (including the precincts thereof) in which or in any part of which sawing is carried on with the aid of electrical or mechanical power;". (iv) after clause (6), insert the following clause, namely:- "(6A) "transporter" includes a person, a private agency, a Government Department, Corporation or any other agency engaged in transport of forest produce whether on his own or on behalf of any other person"; (v) after clause (7), insert the following clau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmu and Kashmir and is not appropriated for any specific purpose and includes all the undemarcated and berun line forest vested in the Forest Department under the provisions of section 48 of the Jammu and Kashmir Village Panchayat Act, 1958 or any other law for the time being in force), prior to the appointed day notified under the Jammu and Kashmir Reorganization Act, 2019, shall be deemed to be a protected forest under this Act. (2) All questions decided, orders issued and records prepared in connection with the constitution of such forest as undemarcated forests shall be deemed to have been decided, issued and prepared under this Act, and the provisions of this Act relating to protected forests shall apply to forest to which the provision of sub-section (1) are applicable". Section 33.- In sub section (1).- (i) in clause (c), after the words "or clears", insert the words "or attempts to break-up or clear"; (ii) in clause (f), after the word "drags" , insert the words "or removes"; (iii) 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorised officer,- (a) sends an intimation in writing about initiation of proceedings for confiscation of the property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made; (b) issues a notice in writing to the person from whom the property is seized and to any other person who may, in the opinion of the authorised officer to have some interest in such property; (c) affords an opportunity to the persons referred to in clause (b) of making a representation within such reasonable time as may be specified in the notice against the proposed confiscation; and (d) gives to the officer effecting the seizure and the person or persons to whom notice has been issued under clause (b), a hearing on date to be fixed for such purpose. (5) No order of confiscation under sub-section (3) of any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article (other than timber or forest produce seized) shall be made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of authorised officer that any such tools, arms, boats, carts, equipment, ropes, chains, machines, vehic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g such further action as may be directed by such Court. (4) For entertaining, hearing and deciding a revision under this section, the Court of Sessions shall, as far as may be, exercise the same powers and follow the same procedure as it exercises and follows while entertaining, hearing and deciding a revision under the Code of Criminal Procedure, 1973. (5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974) the order of Court of Sessions passed under this section shall be final and shall not be called in question before any Court. 52B. Bar to jurisdiction of Courts etc. under certain circumstances.- (1) On receipt of report under sub-section (4) of Section 52 about intimation of proceedings for confiscation of property by the Magistrate having jurisdiction to try the offence on account of which the seizure of property which is subject matter of confiscation, has been made, no Court, Tribunal or Authority other than Authorised Officer and Court of Sessions referred to in sections 52 and 52A shall have jurisdiction to make orders with regard to possession, delivery, disposal or distribution of the property in regard to which p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other article used in committing any forest offence, including the forest produce, under section 52, may release the same on the execution by the owner thereof, of a security in a form of a bank guarantee, of an amount not less than the value of such property, as estimated by such officer, for the production of the property so released when so required by the Magistrate having jurisdiction to try the offence or by the authorised officer empowered under sub-section (2) of section 52, on account of which the seizure has been made: Provided that when any forest produce is seized at a remote location from where it is not practicable to transport it immediately, the officer who, or whose subordinate has effected such seizure under section 52, may entrust the same (Supardnama) to any responsible person on the execution of a bond thereof, by such person, for the production of the property so entrusted if and when required by the Magistrate having jurisdiction to try the offence or before the authorised officer empowered under sub-section (2) of section 52, on account of which the seizure has been made.". Section 54.- For section 54, substitute the following section, namely:- "54 Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thorised Officer under sub-section (2) of section 52, or the Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt had it not been sold". Section 60.- Renumbered as sub-section (2) thereof, and, before sub-section (2) as so renumbered, insert the following sub-section, namely:- "(1) Property ordered to be confiscated by an authorised officer under section 52, subject to the result of revision before Court of Sessions under section 52A shall upon conclusion of proceedings in revision, vest in the Government free from all encumbrances: Provided that if no revision is preferred under section 52A, such vesting shall take effect on expiry of period specified for the submitting petition for revision under section 52A". Section 63.- For the words, "or with fine", substitute the words "or with fine which may extend to twenty-five thousand rupees". Insertion of section 64A .- After section 64, insert the following section, namely:- "64A. Offences non-bailable.-Notwithstanding anything contained in this Act or in the Cod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused". Section 69-A.- After section 69, insert the following section, namely:- "69-A. Double penalties for offences.-The penalties which are double of those mentioned under the provisions of this Act or rules framed thereunder shall be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority or where the offender has been previously convicted of a like offence". Section 71.-For the words ―ten rupees", ―two rupees", ―one rupee" and ―eight annas", substitute the words ―one thousand rupees", ―two hundred and fifty rupees", ―one hundred rupees" and ―fifty rupees" respectively. Section 72.- For section 72, substitute the following section, namely; "72. Government of Union territory of Jammu and Kashmir may invest Forest officers with certain powers.- (1) The forest officers shall have the following powers, namely:- (a) power to enter upon any land and to survey, demarcate and make a map of the same. (b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects; (c) power to hold a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed on forest produce as the Government of Union territory of Jammu and Kashmir may, by notification in the Official Gazette, from time to time, specify; (b) to provide for the regulation by licence, permit or otherwise, of procurement of raw material for the preparation of articles mentioned in clause (a), the payment and deposit of fees therefor and for due compliance of the condition thereof, the forfeiture of the fees so deposited or any part thereof for contravention of any such condition and adjudication of such forfeiture by such authority as the Government of Union territory of Jammu and Kashmir may, by notification, specify. (2) The Government of Union territory of Jammu and Kashmir may provide that, as the contravention of any rules made under this section shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty five thousand rupees, or both." Section 77.- For the words "extend to one month, or fine which may extend to five hundred rupees", substitute the words "extend to two years or with fine which may extend to twenty five thousand rupees". Section 79.- In sub-section (2), in the long line, for the w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner in fire cases.- If in any case under clauses (a) and (b) of sub-section (1) of section 79, it appears to the Deputy Commissioner of the district within which the forest concerned is situated after local enquiry made in a summary and administrative manner, either by himself, or through a Tehsildar deputed by him for the purpose, that any such person or village or other community has neglected to give such information or to render such assistance as is required thereby, he may impose a fine not exceeding one thousand rupees on, as well as direct payment of compensation for damage to Government's property by, such person, village or other community or such individual member of such village or other community as may be determined in consultation with the Divisional Forest Officer and all fines imposed under this section shall be recoverable as arrears of land revenue. 79C. Appeal against order of Deputy Commissioner.- An appeal against every order passed under section 79B may be made to the concerned Divisional Commissioner whose decision thereon shall be final.‖ Section 82.- For section 82, substitute the following section, namely:- "82. Recovery of money due t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and the value of the advantage or benefit or the amount of compensation so determined shall be recoverable as arrears of land revenue. 82-C. Constitution of Authority.-For the purposes of determining the extent of advantage or benefit or the value thereof or the amount of compensation under section 82-B, the Government of Union territory of Jammu and Kashmir shall, by notification in the Official Gazette, constitute, as and when necessary, an Authority consisting of one or more members having such qualification and experience and on such terms and conditions as may be prescribed and where the Authority consists of more than one member, one of them may be appointed as Chairperson thereof. 82-D. Powers of the Authority.- (1) The Authority shall, for purposes of holding inquiry for determining the extent of advantage or benefit or value thereof or the amount of compensation, as the case may be, under section 82-B, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person or witness and examining him on oath or solemn affirmation; (b) r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transaction, family settlement or any other mode of transfer of any right, title or interest in the property. (2) For removal of doubts it is hereby declared that restrictions imposed under this section on the rights conferred by clause (1) of article 19 of the Constitution of India shall be deemed to be reasonable restrictions. 82-F. Procedure to be followed by the Authority.- (1) The Authority shall, subject to any rules made by the Government of Union territory of Jammu and Kashmir in this behalf, have power to regulate its own procedure in all matters arising out of or connected with the discharge of its functions, in consonance with the principles of natural justice. (2) The parties shall have a right of being represented by counsel. 82-G. Appeal.- (1) Any person aggrieved by a final order of the Authority, determining the extent of advantage or benefit or value thereof or the amount of compensation under section 82-B, may, within thirty days of the date of the order, file an appeal against such order before the High Court and every such appeal shall be heard by a Division Bench of the High Court. (2) No other order of the Authority shall be appealable. (3) The or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4) For removal of doubts it is hereby declared that restriction imposed under this section on the rights conferred by clause (1) of article 19 of the Constitution of India shall be deemed to be reasonable restrictions." Insertion of section 84A.-After section 84, insert the following section, namely:- "84A. Application of the Act to land.- The Government may, by notification in the Official Gazette, declare that any of the provisions of this Act shall apply to any land which is the property of the Government of the Union territory of Jammu and Kashmir or the Central Government, and thereupon such provisions shall apply to such land accordingly." 21. THE INDIAN MEDICINE CENTRAL COUNCIL ACT, 1970 (48 of 1970) Omit sub-section (2) of Section 2. 22. THE INDIAN PENAL CODE, 1860 (45 of 1860) 354E .- After section 354D, insert the following section, namely:- "354E. Sextortion.-(1) Whoever,- (a) being in a position of authority; or (b) being in a fiduciary relationship; or (c) being a public servant, abuses such authority or fiduciary relationship or misuses his official position to employ physical or non physical forms of coercion to extort or demand sexual favours from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e period prescribed for such appeal or application by the Limitation Act, Samvat 1995, whichever period expires earlier." 25. THE NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION ACT, 1962 (26 of 1962) Omit Section 2A. 26. THE OFFICIAL LANGUAGES ACT, 1963 (19 of 1963) Omit Section 9. 27. THE PRESS AND REGISTRATION OF BOOKS ACT, 1867 (25 of 1867) In section 1, omit sub-section (2). 28. THE PRESS COUNCIL ACT, 1978 (37 of 1978) Section 3.- Omit ―Jammu and Kashmir or". 29. THE PREVENTION OF CORRUPTION ACT, 1988 (49 of 1988) Insertion of section 17B.- After section 17A, insert the following section, namely:- "17B. Establishment of Anti-Corruption Bureau for the Union territory of Jammu and Kashmir."(1) Notwithstanding anything contained in this Act, the Government of Union territory of Jammu and Kashmir shall, by notification in the Official Gazette, establish a Bureau for investigation of offences under this Act under the name of 'Anti-Corruption Bureau'. (2) The Bureau shall consist of the Director and such other officers and 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 qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of investigation after registration of F.I.R. in respect of any case under the Act where he has reason to believe that such property is likely to be transferred or otherwise dealt with to defeat the prosecution of the case direct that such property shall not be transferred or dealt with for such period, not exceeding ninety days, as may be specified in the order except with the prior approval of the Designated Authority. Explanation.- For the purposes of this section, ―attachment‖ shall include temporarily assuming the custody, possession and/or control of such property]. (2) The Investigating officer shall inform the Designated Authority, within forty eight hours, of the seizure or attachment of such property together with a report of the circumstances occasioning the seizure or attachment of such property, as the case may be. (3) It shall be open to the Designated Authority before whom the seized or attached properties are produced either to confirm or revoke the order of seizure or 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 attach ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ub-section (2) of section 17D shall be made by the Special Court - (a) unless the person holding or in possession of such property is given a notice in writing informing him of the grounds on which it is proposed to forfeit such property and such person is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter; (b) if the person holding or in possession of such property establishes that he is a bona fide transferee of such property for value without knowing that such property has been so acquired. 17F. Appeal.- (1) Any person aggrieved by order of the Special Court under section 17D may within one month from the date of the receipt of such order, appeal to the High Court of Jammu and Kashmir. (2) Where any order under section 17D is modified or annulled by the High 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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