The Centre has paved the way for people from outside Jammu and Kashmir to shop for land within the union territory by amending several laws, during a gazette notification, the Centre has omitted the phrase “permanent resident of the state” from Section 17 of the Jammu and Kashmir Development Act that deals with disposal of the land within the union territory. Before the repeal of Article 370 and Article 35-A in August last year, non-residents couldn’t buy any immovable property in Jammu and Kashmir. However, the fresh changes have paved the way for non-residents to shop for land within the union territory.
• The amendments didn’t allow the transfer of agricultural land to non-agriculturists. However, there are several exemptions within the Act that enable the transfer of agricultural land for non-agricultural purposes, including fixing of educational or health care facilities.
• The notification has replaced Section 30 and Part VII of the State Land Acquisition Act of 1990 with the proper Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
• the opposite major laws repealed by the notification include the J&K Big Landed Estates (abolition) Act, a landmark act brought in by Sheikh Abdullah that gave land rights to landless tillers.
• The JK Alienation of Land Act, 1995, the JK Common Lands (Regulation) Act, 1956, and therefore the JK Consolidation of Holdings Act, 1962 was also repealed.
• Other laws to be repealed are the J&K Prevention of Fragmentation of Agricultural Holdings Act, 1960; JK Prohibition on Conversion of Land and Alienation of Orchards Act, 1975; the JK Right of Prior Purchase ACT, 1936 A.D; Section 3 of the J&K Tenancy (Stay of Ejectment Proceedings) Act 1966; the JK Utilisation of Land Act, 2010; and therefore the J&K Underground Utilities (Acquisition of rights of user in Land) Act.
• The notification also maintains that the government on the written request of a military officer not below the rank of Corp Commander may declare a neighborhood as a “strategic area” within an area, just for direct operational and training requirements of soldiers, which can be excluded from the operation of this Act and rules and regulations made thereunder within the manner and to the extent.
While the Order comes into force with immediate effect, consistent with it, the overall Clauses Act, 1897 “applies for the interpretation of this Order because it applies for the interpretation of laws effective within the territory of India. Under the Order, a variety of amendments are administered within the Jammu and Kashmir Development Act to permit ‘outsiders’ to shop for land.
The order read, “In exercise of the powers conferred by section 96 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), and of all other powers enabling it therein behalf, the Central Government hereby makes the subsequent Order in respect of the Union territory of Jammu and Kashmir, namely:-
1. This Order could also be called the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020. It shall inherit force with immediate effect.”
2. the overall Clauses Act, 1897 applies to the interpretation of this Order because it applies for the interpretation of laws effective within the territory of India.
3. With immediate effect, the Acts mentioned within the Schedule to the present Order shall, until repealed or amended by a competent Legislature or other competent authority, have the effect, subject to the adaptations and modifications directed by the Schedule to the present Order, or if it’s so directed, shall stand repealed.”
4. Where this Order requires that in any specified section or other portion of an Act, certain words shall be substituted surely other words, or certain words shall be omitted, such substitution or omission, because the case could also be, shall, except where it’s otherwise expressly provided, be made wherever the words mentioned occurring therein section or portion.
5. The provisions of this Order which adapt or modify any law so on altering the way during which, the authority by which or the law under, shall not render invalid any notification, order, commitment, attachment, bye-law, rule, or regulation duly made or issued, or anything duly done before the 31st day of October 2019; and any such notification, order commitment, attachment, bye-law, rule, regulation or anything could also be revoked, varied or undone within the like manner, to the likes of the extent and within the like circumstances as if it had been made, issued or done after the commencement of this Order by the competent authority and in accordance with the provisions then applicable to such case.
6. The repeal or amendment of any law laid out in the Schedule to the present Order shall not affect— (a) the previous operation of any law so repealed or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; (c) any penalty, forfeiture or punishment incurred in respect of any offense committed against any law so repealed; or (d) any investigation, proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, proceeding or remedy could also be instituted, continued or enforced, and any such penalty, forfeiture or punishment could also be imposed, as if the Jammu and Kashmir Reorganisation Act, 2019 or this Order had not been passed or issued.
Subject to the provisions of subparagraph (1), anything is done or any action taken (including any appointment or delegation made, notification, instruction or direction issued, form, bye-law or scheme framed, certificate obtained, permit or license granted or registration effected or agreement executed) under any such law shall be deemed to possess been done or taken under the corresponding provisions of the Central Laws now extended and applicable to the Union territory of Jammu and Kashmir and shall still be effective accordingly unless and until superseded by anything done or any action taken under the Central Laws now extended to the Union territory of Jammu and Kashmir