Center lifts bar on land transfer in Union Territory of Jammu & Kashmir to citizens outside state
The Central Government on Tuesday has introduced various amendments in special laws applicable to Union Territory of Jammu and Kashmir and other laws by using powers conferred by section 96 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019).
The order that instituted these amendments was referred to as the Union Territory of Jammu and Kashmir Reorganization (Adaptation of Central Laws) Third Order, 2020.
However, the Center has now omitted from Sections 2 and 17 of the Jammu and Kashmir Development Act the term "permanent resident of the State" which deals with the disposal of land in the Union Territory.
Section 4 of the Jammu and Kashmir Alienation of Land Act states "Transfer of land in favour of any person who is not a State Subject, is prohibited". The whole Act is now repealed.
Indeed, non-residents are now also entitled to purchase land in Jammu and Kashmir, subject to certain restrictions.
Further, the Ministry of Home Affairs through Union Territory of Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020 has amended the Jammu and Kashmir Land Revenue Act, 1996 (Sections 133H to 133K) to impose restrictions on the sale of agricultural property to non-agriculturalists and the conversion of agricultural land for non-agricultural purposes with certain exceptions such as where the transfer is for a charitable trust, for promoting education or healthcare, for notified public purposes etc.
The Jammu and Kashmir Land Reforms Act, Jammu and Kashmir Agrarian Reforms Act, 1976 and the Jammu and Kashmir Development Act, 1970 have also been amended by the said order.
"In April, the Ministry of Home Affairs amended Jammu and Kashmir domicile laws to include non-locals living in the the Union Territory for 15 years and children of central government employees working here for 10 years under the definition of domicile. Before the reorganisation of J&K, non-locals were not entitled for employment in the former province.
Section 96 of the Jammu and Kashmir Reorganization Act 2019 empowers the Ministry of Home Affairs to amend and repeal laws of Union Territory of Jammu and Kashmir.
“With immediate effect, the Acts mentioned in the Schedule to this Order shall, until repealed or amended by a competent Legislature or other competent authority, have effect, subject to the adaptations and modifications directed by the Schedule to this Order, or if it is so directed, shall stand repealed”
The order of Ministry of Home Affairs repeals some of the acts as a whole.
· THE JAMMU AND KASHMIR ALIENATION OF LAND ACT (V of Samvat 1995)
· THE JAMMU AND KASHMIR BIG LANDED ESTATES ABOLITION ACT ( XVII Samvat 2007)
· THE JAMMU AND KASHMIR COMMON LANDS (REGULATION) ACT, 1956 (XXIV of 1956)
· THE JAMMU AND KASHMIR CONSOLIDATION OF HOLDINGS ACT, 1962 ( V of 1962)
· THE JAMMU AND KASHMIR FLOOD PLAIN ZONES (REGULATION AND DEVELOPMENT) ACT ( XVII of 2005)
· THE JAMMU AND KASHMIR LAND IMPROVEMENT SCHEMES ACT ( XXIV of 1972)
· THE JAMMU AND KASHMIR PREVENTION OF FRAGMENTATION OF AGRICULTURAL HOLDINGS ACT (XXV of 1960)
· THE JAMMU AND KASHMIR PROHIBITION ON CONVERSION OF LAND AND ALIENATION OF ORCHARDS ACT ( VIII of 1975)
· THE JAMMU AND KASHMIR RIGHT OF PRIOR PURCHASE, ACT [ II of Svt. 1993 (1936 A.D.)]
· THE JAMMU AND KASHMIR TENANCY (STAY OF EJECTMENT PROCEEDINGS) ACT ( XXXIII of 1966)
· THE JAMMU AND KASHMIR UTILIZATION OF LANDS ACT ( IX of Samvat 2010)
THE JAMMU AND KASHMIR UNDERGROUND PUBLIC UTILITIES (ACQUISITION OF RIGHTS OF USER IN LAND) ACT ( IV of 2014)