Jammu and Kashmir Alienation of Land Act (1938 A. D.)
No: 5 Dated: Mar, 24 1995
THE JAMMU AND KASHMIR ALIENATION OF LAND ACT, 1995 (1938 A. D.)
Act No. V of Samvat 1995
Whereas it is expedient to consolidate and re-enact the law relating to the transfer of agricultural land in the State;
It is hereby enacted as follows:
Preliminary
1. Short title, extent, commencement and repeal. - (1) This Act may be called the Jammu and Kashmir Alienation of Land Act No. V of Svt. 1995.
(2) It extends to the whole of the Jammu and Kashmir State.
(3) It shall come into force from the date on which, after receiving the assent of this Highness the Maharaja Bahadur, it is published in the Government Gazette.
(4) The Jammu and Kashmir Alienation of Land Regulations Nos. 6 and 7 of 1990 and the Jammu Alienation of Land Amendment Regulation No. IV of 1993 shall be repealed from the date this Act comes into force.
2. Definitions. - In this Act, unless there is anything repugnant to the subject or context:
(1) all expressions shall, unless otherwise defined in this Act, have same meaning as assigned to them in section 2 of the Jammu and Kashmir Tenancy Act, 1980, or in section 3 of the Jammu and Kashmir Land Revenue Act, Svt. 1996; provided that the expressions "Record of Rights" and "Annual Record" shall have the meanings assigned to them in Chapter IV of the Jammu and Kashmir Land Revenue Act, Svt. 1996;
(2) the expression "land" means land which is not occupied as the site of any building in a town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture or for pasture, and includes
(a) the sites of buildings and other structures on such land,
(b) a share in the profit of an estate or holding,
(c) any dues or any fixed percentage of the land revenue payable by an inferior land owner to a superior landowner,
(d) a right to receive rent,
(e) any right to water enjoyed by the owner or occupier of land as such, and
(f) any right of occupancy.
(3) the expression "permanent alienation" includes Sale gift, bequest, grant of occupancy rights and exchange other than an exchange made for the purpose of consolidation of holdings;
(4) the expression "usufructuary mortgage" means a mortgage by which the mortgagor delivers possession of the mortgaged land to the mortgagee and authorizes him to retain such possession until payment of the mortgage money, to receive the rents and profits of the land and to appropriate them in lieu of interest or in payment of the mortgaged money or partly in lieu of interest and partly in payment of the mortgage money; and
(5) the expression "conditional sale" includes any agreement whereby in default of payment of the mortgage money or interest at a certain time the land will be absolutely transferred to the mortgagee.
3. Application of Act to sections 60 and 61 of the Tenancy Act (II of 1980.). - Notwithstanding anything contained in sections 60 and 61 of the Jammu and Kashmir Tenancy Act, when a landlord makes a claim to exercise the rights thereby conferred upon him the provisions of this Act shall apply thereto.
4. Transfer of land in favour of non-State Subject prohibited. - Transfer of land in favour of any person who is not a State Subject, is prohibited.