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In the wake of the news reports appeared in a section of media that “GoI shifts all service matters of employees of J&K and Ladakh UTs to Chandigarh CAT”, it is clarified that neither the petitioner nor the lawyer need to go to Chandigarh for filling petition or appearing before the tribunal related to service matters of employees. The term Chandigarh circuit is being misinterpreted to mean that the petitioner/lawyer would have to go to Chandigarh, which is not so. All service matters of Central Government and UT employees of J&K and Ladakh will be heard and disposed off in CAT bench in J&K itself.

It is reiterated that earlier also, the CAT bench used to hold its sittings in Jammu & Kashmir to dispose off service matters related to Central Government employees of J&K. The only difference now is that it will also be disposing off matters related to UT employees and therefore will have more frequent sittings in UT of J&K.

The registration of cases can also be done locally either online or in the secretariat office of CAT to be set up locally after the UT Government provides appropriate facility. Disposal of cases through CAT in UT of J&K will ensure fare and objective delivery of justice.

Ministry of Personnel, Public Grievances & Pensions

[Press Release dt. 01-05-2020]

[Source: PIB]

Hot Off The PressNews

Today Lok Sabha has passed the Jammu and Reorganisation Bill, 2019 with majority votes in favour.

Yesterday, Rajya Sabha had passed the Bill yesterday with majority votes and now President’s assent for the same is awaited.

The Bill will make Ladakh and Jammu and Kashmir as Union territories.

The Union Territory of Ladakh will be without Legislature. Further, keeping in view the prevailing internal security situation, fuelled by cross border terrorism in the existing State of Jammu and Kashmir, a separate Union Territory for Jammu and Kashmir is being created. The Union Territory of Jammu and Kashmir will be with the legislature.

The Bill consists of 103 Sections, out of which a few have been listed down:

Part 2 Reorganisation of the State of Jammu and Kashmir
Section 3 Formation of Union territory of Ladakh without Legislature. It will comprise of Kargil and Leh Districts.
Section 4 Formation of Union territory of Jammu and Kashmir with Legislature
Section 5 Governor of existing State of Jammu and Kashmir to be Common Lieutenant Governor; Whereas UT of Ladakh for such period as may be determined by President.
Section 10 Representation in House of the People 5 seats to the successor UT of Jammu and Kashmir and 1 seat to UT of Ladakh, in the House of the People.
Section 11 Delimitation of Parliamentary Constituencies Order 1976.
Section 13 Applicability of Article 239A of Constitution. Provisions contained in Article 239A, which are applicable to “UT of Puducherry”, shall also apply to the “UT of Jammu and Kashmir”
Section 33 Exemption of property of the Union from taxation
Section 35 Inconsistency between laws made by Parliament and laws made by the Legislative Assembly.
Section 36 Special provisions as to financial Bills A Bill or amendment shall not be introduced into, or moved in, the Legislative Assembly except on the recommendation of the Lieutenant Governor
Section 39 When a Bill is reserved by Lieutenant Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent
Section 47 The Legislative Assembly may by law adopt any one or more of the languages in use in the Union territory of Jammu and Kashmir or Hindi as the official language or languages to be used for all or any of the official purposes of the Union territory of Jammu and Kashmir.
Section 49 No discussion shall take place in the Legislative Assembly with respect to the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties
Section 57 Abolition of Legislative Council of the State of Jammu and Kashmir.
Part IV Administration of UT of Ladakh
Section 73 Provision in case of failure of Constitutional machinery.

If the President, on receipt of a report from the Lieutenant Governor of Union territory of Jammu and Kashmir, or otherwise, is satisfied,—

(a) that a situation has arisen in which the administration of the Union territory of Jammu and Kashmir cannot be carried on in accordance with the provisions of this Act, or

(b) that for the proper administration of Union territory of Jammu and Kashmir it is necessary or expedient so to do,

the President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory of Jammu and Kashmir in accordance with the provisions of this Act.

Section 75 High Court of Jammu and Kashmir to be common High Court. High Court of Jammu and Kashmir shall be the common High Court for the Union territory of Jammu and Kashmir and Union territory of Ladakh