Centre notifies land laws, paves way for non-residents to buy land in J&K

TNN Bureau. Updated: 10/28/2020 11:23:28 AM Front Page

Jammu: Ahead of the official anniversary of Jammu and Kashmir transitioned into Union Territory, the central government has paved the way for non-residents as well as investors to purchase land by amending several laws.

The amendments came over an year after the centre scrapped Article 370 as well Article 35A of erstwhile state and bifurcated it into two Union Territories. The centre announced the decision on August 5 and the Union Territories officially came into existence on October 31, 2019.

Earlier, the Article 370 and Article 35-A provided special status to J&K, which prevent any non- residents to purchase immovable property.

In a 111-page notification in Hindi and English on Monday, the Ministry of Home Affairs made several changes to the land laws, including one that allows use of agricultural land for setting up facilities of public purpose.

The crucial amendment has been made in the Jammu and Kashmir Development Act that deals with disposal of land with the Centre omitting the phrase "permanent resident of the state" from Section 17 of the law.

However, there are several exemptions given in the Act which enable transfer of agricultural land for non-agricultural purposes, including setting up of educational and healthcare facilities.

“The Union Territory of Jammu & Kashmir Reorganisation (adaptation of state laws) fifth order, 2020 to notify adaptations and modifications in the laws,” reads the notification.

According to amendments made in “The Jammu & Kashmir Land Revenue Act, Samvat, 1996”, only agriculturists of Jammu & Kashmir can purchase agricultural land in the UT as amendments made by the Ministry of Home Affairs clearly state that no sale, gift, exchange, or mortgage of the land shall be valid in favour of a person who is not an agriculturist.

These provisions are applicable to the land recorded as agricultural land including village abadideh, by whatever name called, in the revenue records being used for agriculture purposes or for purposes subservient to agriculture or for pasture or being used for residential purposes in rural areas.

The law defines agriculturists as the persons cultivating land personally in the Union territory of Jammu and Kashmir as on such date as may be notified by the government.

It also empowers the government to define agriculturists, as it states that agriculturist means such category persons as may be notified by government from time to time.

But at the same time, the law empowers the government to 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.

So it means even agricultural land can be transferred to non-locals after proper permission from government.

According to the amendments, these restrictions shall not be applicable to land in favour of public trust for charitable purposes, promotion of healthcare or education, industrial, commercial, housing or agriculture purposes or any other public purpose as may be notified by the government of J&K.

These restrictions also don’t bar transfer of land in favour of a landless person or a village artisan as per eligibility, residency conditions and procedure to be prescribed and notified by the government, any Government and a company or a corporation or a Board established by or under a statute and owned and controlled by the government or a government Company as defined in the Companies Act, 2013.

These restrictions also don’t 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.

The law also states that no land used for agriculture purposes shall be used for any non-agricultural purposes except with the permission of the district collector. “Provided further that holder of any agriculture land may construct a residential house or erect farm building, grain storage, primary processing of agriculture produce, wells or tanks or make any other improvements thereon for residential purpose or agricultural improvement, on intimation to the Tehsildar concerned, however, the plinth area of such building or improvement shall not exceed four hundred square meters in agricultural land,” it states

In a gazette notification, the Ministry of Home Affairs has completely repeal 12 of the laws enacted by the erstwhile state and brought about changes in 14 such Acts.

With the changes in the land acts, the MHA said, “The Real Estate (Regulation and Development) Act (RERA), 2016 will now be applicable in the UT.”

The erstwhile state laws, which are completely repealed, include the Jammu & Kashmir Alienation of Land Act, the Jammu & Kashmir Big Landed Estates Abolition Act, the Jammu & Kashmir Common Lands (Regulation) ACT, 1956, the Jammu & Kashmir Consolidation of Holdings Act, 1962, and a few others.


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