NEW DELHI: At the stroke of midnight on October 31 as Jammu and Kashmir ceased to exist as a state and was formally bifurcated into two Union Territories, the Union Home Ministry in a gazette notification said that those Central laws, Ordinances and rules which were earlier not applicable to the J&K will henceforth be applicable to the UTs of Jammu and Kashmir and Ladakh.
The notification said that certain Central laws and rules which were applicable to Jammu and Kashmir earlier would continue to be made applicable to the two newly-created UTs.
It said the Union Public Service Commission, with the approval of President, shall serve the needs of the Union Territory of Ladakh.
It said that all the provisions of the Constitution have become applicable to Jammu and Kashmir with effect from August 5, and “any notification issued or order, rule or appointment made during the period between the August 5 and October 31 “are required to be protected, as if such actions have been taken in accordance with law”.
Laws which were applicable to Kashmir “have been repealed and the proceedings and actions taken under those laws are required to be protected”.
The notification said that the Jammu and Kashmir State Goods and Services Tax Act, 2017 has been made applicable to the two UTs.
“However, the Kashmir UT, being a Union Territory with Legislature shall have its own Goods and Services Tax, Act, 2017 whereas the Union Territory of Ladakh, being a Union Territory without Legislature shall be governed by the Union Territory Goods and Services Tax Act, 2017”.
The notification said there are persons or authorities who have “taken oath under the Constitution of Jammu and Kashmir or any other law”, and their actions and proceedings are required to be validated till the appointed day of the principal Act”.
“It said for smooth transition of the State to successor Union Territories, the Central Government had already appointed the Advisory Committee before the appointed day of the said Act and therefore there is a need to validate the proceedings and actions taken by such Advisory Committee”.
Laws like the J&K Bovine Breeding (Regulation of Production, Sale of Bovine Semen and Artificial Insemination) Act, 2018, the J&K Single Window (Industrial Investment and Business Facilitation) Act, 2018, the J&K Metropolitan Region Development Authorities Act, 2018 and the state National Law University Act, 2018 which are applicable to Kashmir are continued to be made applicable to the two UTs.