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?

Q: Answer-Under Section 1(2) of the Act, what is the territorial extent of the Recovery of Debts and Bankruptc...

Section 12 originally provided that the Act extends to the whole of India except the State of Jammu and Kashmir. However, vide notification S.O. 3912E 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 12 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 JK was removed in October 2019.

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

B It extends only to the states listed by the Central Government by notification

C It extends to all of India except the North-Eastern states and Jammu and Kashmir permanently

D It extends only to metropolitan cities where DRTs are established

E It extends to the whole of India including Jammu and Kashmir from the date of enactment itself

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