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      Question

      Under Section 1(2) of the Act, what is the territorial

      extent of the Recovery of Debts and Bankruptcy Act, 1993? Which notification extended the Act to Jammu & Kashmir?
      A It extends to the whole of India; vide notification S.O. 3912(E) dated 30th October, 2019, it was made applicable to the Union territories of Jammu and Kashmir and Ladakh Correct Answer Incorrect Answer
      B It extends only to the states listed by the Central Government by notification Correct Answer Incorrect Answer
      C It extends to all of India except the North-Eastern states and Jammu and Kashmir permanently Correct Answer Incorrect Answer
      D It extends only to metropolitan cities where DRTs are established Correct Answer Incorrect Answer
      E It extends to the whole of India including Jammu and Kashmir from the date of enactment itself Correct Answer Incorrect Answer

      Solution

      Section 1(2) originally provided that the Act extends to the whole of India except the State of Jammu and Kashmir. However, vide notification S.O. 3912(E) dated 30th October, 2019, issued after the reorganisation of Jammu and Kashmir into two Union territories, the Act was made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. This footnote to Section 1(2) is significant as it reflects the post-2019 constitutional restructuring. Banking examiners test this as it involves knowledge of both the original extent and its subsequent modification, requiring candidates to know that the exclusion of J&K was removed in October 2019.

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