Jammu and Kashmir Natural Calamities Destroyed Areas Improvement Act, 2011 (1954 A.D.)
No: 38 Dated: Feb, 21 2011
THE JAMMU AND KASHMIR NATURAL CALAMITIES DESTROYED AREAS IMPROVEMENT ACT, 2011 ( 1954 A.D.)
(Act No. XXXVIII of Samvat 2011)
An Act for improvement of towns, villages or other areas destroyed by natural calamities in the State.
Whereas it is expedient to make provision for enabling the Government to make improvement of towns, villages and other area in the State which may be destroyed wholly or partly by fire, flood, earthquake or other such natural calamity ;
It is hereby enacted as follows :––
1. Short title, extent, commencement and application. – (1) This Act may be called the Jammu and Kashmir Natural Calamities Destroyed Areas Improvement Act, 2011.
(2) It shall extend to the whole of the State.
(3) It shall come into force from the date it is published in the Government Gazette but it shall also apply to such towns, villages and other areas which would have been destroyed wholly or partly by fire, flood, earth-quake or other such calamity on or after 1st Baisakh, 2009.
2. Definitions.– In this Act, unless there is anything repugnant in the subject or context,––
(a) words and expression not defined in tis Act have the same meaning as in the 1Jammu and Kashmir Municipal Act, 1998 ;
(b) ‘owner’ includes the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or received for another person or for any religious or charitable purpose, the rents or profits of the property in connection with which the word is used ;
(c) ‘prescribed’ means prescribed by rules made under this Act ;
(d) ‘prescribed authority’ means an officer appointed by the Government as such for purposes of this Act.
3. Improvement scheme.— (1) If a town, village or other area is destroyed, wholly or partly, by fire, flood, earth-quake or such other natural calamity and the Government are of the opinion that it is expedient and for the public advantage to control and provide for the future expansion, development or improvement of any such town, village or other area in the State, the Government may declare their intention to frame a scheme and such declaration shall be notified in the Government Gazette.
(2) The Government may, as soon as may be, after the publication of the notification under sub-section (1), frame and sanction a scheme and notify the sanction in the Government Gazette.
(3) Such a scheme shall show the method in which the town, village or other area is proposed to be developed or improved.
(4) A notification under sub-section (2) shall be conclusive evidence that the scheme has been duly made and sanctioned.
(5) The scheme shall have effect from the date of the publication of such notification :
Provided that the execution of the scheme or any part thereof may be deffered until such time as may be fixed by the Government.