Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001
No: 12 Dated: Nov, 13 2001
THE JAMMU AND KASHMIR STATE LANDS (VESTING OF OWNERSHIP TO THE OCCUPANTS) ACT, 2001
(Act No. XII of 2001)
An Act to provide for vesting of ownership rights to occupants of State Land for purposes of generating funds to finance Power Projects in the State.
Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-second Year of the Republic of India as follows :
1. Short title, extent and commencement-(1) This Act may be called the Jammu and Kashmir State Lands (Vesting of Ownership to Occupants) Act, 2001.
(2) It extend to the whole of the State of Jammu Kashmir.
(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint and different dates may be appointed for different areas.
2. Definitions-In this Act, unless the context otherwise requires, -
(a) "authorized occupant" means a person who on the date of the commencement of the Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) (Amendment) Act, 2004 is in actual physical possession of the State land, personally or through an authorized agent, by virtue of an existing valid lease or grant made by the competent authority;
(b) "authorized overstayed occupant" means a person who on the date of the commencement of the Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) (Amendment) Act, 2004 is in actual physical possession of State land, personally or through an authorized agent, but whose lease or grant has expired and respect of whom no notice for eviction or assumption of lease has been issued by the competent authority;
(c)"available State land" means any State land, which is not in possession of any person ***;
(d) "Committee" means the Committee constituted under sub-section (1) of section 12;
(e) "Occupant" means a person who is in actual physical possession of any State land on the commencement of the Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) (Amendment) Act, 2004, personally or through an authorized agent;
(f) "Price" means the value determined for any State land in accordance with the provisions of this Act and the rules made thereunder;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "State land" means the land recorded as such in the Revenue Records and includes any land which has escheated to the Government under the provisions of any law for the time being in force in the State but does not include any Government or State land mentioned in section 3 of this Act:
Provided that for purposes of section 3-A of this Act, the State land shall include Kahcharai and Forest land;
(i) "unauthorized expectant occupant" means a person who on the date of the commencement of the Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) (Amendment) Act, 2004 is in actual physical possession of the State land, personally or through an authorized agent, and in respect of which lease has expired but no notice for resumption of lease has been issued by the competent authority or who pursuant to this Act has applied in terms of section 5 thereof; and
(j) "vacant land" means any State land which is not occupied by any person and in respect of which there is no existing lease or grant made by any competent authority.
3. Act not to apply to certain lands-The provisions of this Act shall not apply to such State land as is:—
(a) recorded or used as pathway, grazing ground, graveyard, cremation ground, camping ground or Kohl (irrigation channel);
(b) held by any Government Department or institution under the control of the Government;
(c) earmarked for a specific purpose in any x x x Master Plan;
(d) covered by fields floating over water;
(e) forest land or wooden waste;
(f) held by a person in terms of Government Order No. LB 6/C of 1958 dated 5-6-1958 read with Government Order No. S/432 of 1966 dated 3-6-1966 irrespective of the fact whether mutation in his favour has been attested or not;
(g) held by a person by virtue of Government Order No. LB 7/C of 1958 dated 5-6-1958;
(h) held by a displaced person of 1947, 1965 or 1971 by virtue of Cabinet Order No. 578/C of 1954 dated 7-5-1954 read with Cabinet Order No. 254/C of 1965 dated 7-7-1965 and Cabinet Order No. LB 40 of 1969 dated 1-1-1969;
(i) held by a person in a residential colony which stands regularized by the Housing and Urban Development Department up to 18-3-2005;
(j) held by a person in pursuance of permission granted or allotment made by the Government under the provisions of Jammu and Kashmir Big Landed Estates Abolition Act, Samvat 2007 (1950 A.D) or Jammu and Kashmir Agrarian Reforms Act, 1976; in respect of land which has escheated to the Government under the provisions of any of the said Acts; or
(k) held by a person which is barred by the Limitation Act, Samvat 1995 (1938 A.D).