Section Section 96
for the adaptation of a law made before the appointed day, any court, tribunal o
section 96 for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the Union territory of Jammu and Kashmir O Union territory of Ladakh; construe the law in such manner without affecting the substance, as may be necessary OT proper in regard to the matter before the court, tribunal o authority. 98. Power to name authorities, etc-, for exercising statutory functions:__The Lieutenant Governor, as respects the concerned territory may, by notification in the Official Gazette, specify the authority, officer Or person who, on or after the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly. 99. Legal proceedings: Where, immediately before the appointed day, the existing State of Jammu and Kashmir is party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment among the successor Union territories under this Act, the Union territory of Jammu and Kashmir Or the Union territory of Ladakh which succeeds to, or acquires share in, that property Or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the existing State of Jammu and Kashmir O added as party to those proceedings, and the proceedings may continue accordingly. 100. Transfer of pending proceedings. 1) Every proceeding pending immediately before the appointed day before a court (other than High Court), tribunal, authority O officer in any area which on that day falls within the State of Jammu and Kashmir shall, if it is a proceeding relating exclusively to the territory, which as from that day are the territories of any Union territory, stand transferred to the corresponding court, tribunal, authority O officer of that Union territory:
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(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the common High Court of Jammu and Kashmir and the decision of that High Court shall be final. (3) In this section
proceeding includes any suit, case O appeal; and corresponding court, tribunal authority Or officer in any of Union territory means the court; tribunal, authority Or officer in which; O before whom; the proceeding would have laid if it had been instituted after the appointed day; Or (ii) in case of doubt; such court; tribunal, authority, Or officer in that Union territory, as may be determined after the appointed day by the Government or administration of that Union territory, Or the Central Government; as the case may be, o before the appointed day by the Government of the existing State of Jammu and Kashmir to be the corresponding court; tribunal, authority Or officer: 101. Right of pleaders to practise in certain cases. Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate court in the existing State of Jammu and Kashmir shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole Or any part of the territories within the jurisdiction of those courts has been transferred to any of the Union territories. 102. Effect of provisions of the Act inconsistent with other laws: The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law. 103. Power to remove difficulties: (1) If any difficulty arises in giving effect to the provisions of this Act; the President may, by order do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of period of five years from the appointed day. (2) Every order made under this section shall be laid before each House of Parliament.
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The First Schedule
(See