Srinagar: The Centre government, in a significant move, on Tuesday repealed around 11 land laws of Jammu and Kashmir, Ladakh. The announcement was made by the Ministry of Home Affairs as per its order to be called the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020. The order comes into force with immediate effect. Now, what does this mean?
* Anyone can buy land in Jammu and Kashmir, Ladakh
In a newly introduced J&K Development Act (XIX of 1970), the government notifies that 'omit, being a permanent resident of the State'. This simply means that any citizen of India can buy land in the erstwhile state of Jammu and Kashmir. Being a permanent citizen of newly formed Union Territories is not necessary any more.
The Gazette reads: "Section 1: In subsection (2), for "whole of the State", substitute "whole of the Union Territory of Jammu and Kashmir". Section 2: (i) in clause (da); - (a) omit "being permanent resident of the State".
* Area can be declared as strategic
The order underlines that the government may on the request of an Army officer not below the rank of Corp Commander declare an area as Strategic Area within a local area for direct operational and training requirements of armed forces. This means that any area in the city or village can be declared as 'Strategic Area' post-approval of the government.
The Gazette reads: "Section 3 - After sub-section (2), insert-(3): Notwithstanding anything contained in this Act, the Government may on the written request of an Army officer not below the rank of Corp Commander, declare an area as Strategic Area within a local area, only for direct operational and training requirements of armed forces, which may be excluded from the operation of this Act and rules/regulations made thereunder in the manner and to the extent specified in the declaration and the Government may satisfy itself about the reasons cited for declaring the area as strategic area and will have such area notified accordingly with such conditions as may be required."
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It further reads, "Section 5: Substitute ―The Authority with ―Subject to any rule, regulation, order or instruction issued in this behalf by the Government, the Authority. Section 8: In sub-section (1), for each of the zones into which the local area may be divided substitute ―for such zones which are declared as development areas under section 13 and for ―each zone, substitute ―each such zone."
* Land ownership can't be transferred
Under the J&K Agrarian Reforms Act (XVII of 1976), the order says three sections of the Jammu and Kashmir State Ranbir Penal Code have been substituted by Indian Penal Code, 1860 (45 of 1860). Also, no person can transfer ownership rights of land to anyone other than the Government or its agencies. This simply means that the land ownership can't be transferred in any condition and if there is any violation, the tehsildar of the area can seize the land.
The Gazette reads: "28-A: (1) Save as otherwise provided in this section, no person who is vested with ownership rights in land under this Act shall transfer such land or rights therein in any manner whatsoever to any person other than Government or its agencies and instrumentalities; Provided that nothing in this subsection shall prohibit:
(a) transfer of such land ownership whereof has been vested in a prospective owner under section 8 after the expiry of fifteen years from the date such land has been vested in the State under section 4 of the Act subject to the provisions of sections 133-H, 133-I, 133-J, 133-K and 133-L of the Jammu and Kashmir Land Revenue Act, Samvat, 1996 (Act No. XII of Samvat 1996; (b) grant of lease of land under the provisions of the Jammu and Kashmir Land Revenue Act, Samvat, 1996 (Act No. XII of Samvat 1996); (c) entering into Contract Farming under the provisions of Land Revenue Act, Samvat, 1996 (Act No. XII of Samvat 1996); (d) transfer of land in the form of simple mortgage for securing loan for purposes of improvement of the land.
It further reads:" (2) Any transfer of land or rights therein made in contravention of sub-section (1) shall be null and void. The person who has contravened the provisions of sub-section (1) shall after being given an opportunity of being heard, be dispossessed of such land by a Revenue Officer not below the rank of Tehsildar and the land shall vest in the State and shall be disposed of in the manner as may be prescribed.”
* Offence, Penalty and Punishment
According to the new laws, if anyone commits offences like cheating and forgery can face imprisonment up to five years.
The Gazette reads: "119-D.––Notwithstanding anything contained in this Act or the rules made thereunder whoever commits any of the offence specified in column (2), shall on conviction by a Judicial Magistrate of first class for each of such offence be punishable with the sentence indicated in column (3) "
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Sn 1: Whoever cheats and thereby dishonestly creates documents for the purpose of selling, mortgaging or transferring by gift or otherwise of any Government land will have imprisonment for three years and a fine of ten thousand rupees.
Sn 2: Whoever creates a forged document regarding Government land with an intention to use it for that purpose or to grab such land will have to face imprisonment for three years and a fine of five thousand rupees.
It further reads: "119-E.- Nothing in this Act shall prevent any person from being prosecuted and punished under any other law for the time being in force for any act or omission made punishable by or under this Act: Provided that no person shall be so prosecuted and punished for the same offence more than once."
* What happens to grazing lands
The grazing lands can't be used for any other purpose except with the permission of the District Collector. And, if someone resorts to malpractice the Collector can direct the culprit to restore the land to its original condition by a particular date.
The Gazette reads: "133-BB. (1) The land which is in the form of grazing land, arak, kap or kah-i-krisham or which grows fuel or fodder and belongs to such class as is notified by the Government shall not be used for any other purpose except with the permission of the District Collector who shall accord permission only in accordance to the regulations notified by the Board: Provided that such permission shall be deemed to be accorded where land is being acquired permanently or hired temporarily for public purposes under the relevant Act. Provided further that the transfer of such land or any interest therein
shall not be permissible and no documents relating to the transfer of such land shall be admitted to registration; (2) The Board shall be competent to notify regulations for the purposes of this section.”
It further reads: "―133-C. (1)Any land converted for other purposes in violation of the provisions of section133-A of section133-B or 133-BB shall escheat to the Government. (2) The Collector or any other officer as he may authorise, may direct such person to remove the contravention and restore the land or water-surface or water field or floating field, as the case may be, to its original condition by a particular date and if such person fails to do so, within the prescribed time, the Collector or such officer may, remove or cause to be removed the contravention and in doing so, may use such force as may be necessary and impose the cost of restoration thereof on the violator. (3) Without prejudice to the provisions of sub-section (1) or subsection (2), the person found to have contravened the provisions of section 133-A or Section 133-B or Section 133- BB, shall be punishable by the Collector or any officer not below the rank of an Assistant Collector of the first class as may be authorised by him with a penalty which may extend to twenty-five thousand rupees and till such time such contravention is removed he shall be punished further with a penalty of five thousand rupees for each day during which the contravention continues."
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* Agriculture land can't be sold
Under THE JAMMU AND KASHMIR LAND REVENUE ACT ( XII of Samvat 1996), agricultural land can only be sold to an agriculturist. But it is not specified whether the agriculturist must be a permanent resident of J&K or Ladakh or any citizen of India. The confusion will be cleared by the Revenue department in the coming days.
The Gazette reads: "133-H.— (1) Save as provided in this Act,- (a) no sale (including sale in execution of a decree of a Civil court or for recovery of arrears of land revenue or for sum recoverable as arrears of land revenue), gift or exchange, or (b) no mortgage of any land or interest therein, in which the possession of mortgaged property is delivered to the mortgagee, or (c) no agreement made by instrument in writing for the sale, gift, exchange, or mortgage of the land shall be valid in favour of a person who is not an agriculturist: Provided that the Government or an officer authorized by it in this behalf may grant permission to an agriculturist to alienate the land to a non-agriculturist by way of sale, gift, exchange or mortgage or for such agreement on such conditions as may be prescribed: Provided further that nothing in this subsection shall bar lease of land or any other arrangement for entering into a farming or production agreement under the provisions of any law for the time being in force for the purpose of promotion of agriculture and improvement of land."
