Jammu and Kashmir Urban Property (Ceiling ) Act, 1971

No: 12 Dated: Oct, 13 1971

THE JAMMU AND KASHMIR URBAN PROPERTY (CEILING) ACT, 1971

(Act No. XII of 1971)

    An Act to provide for the imposition of a ceiling on urban property, and for the acquisition of urban property in excess of the ceiling limit with a view to utilize such excess urban property for public purposes and for matters connected therewith.

Be it enacted by the Jammu and Kashmir State Legislature in the Twenty second Year of the Republic of India as follows :––

1. Short title, extent and commencement.– This Act, may be called the Jammu and Kashmir Urban Property (Ceiling ) Act, 1971.

(2) It extends to the whole of the Jammu and Kashmir State.

(3) It shall come into force on such date as the Government, may by notification in the Government Gazette, appoint.

2. Definitions.– In this Act, unless the context otherwise requires,—

(a) “ceiling limit’’ means the ceiling limit specified in section 3 ;

(b) “competent authority’’ means any person or authority authorised by the Government by notification in the Government Gazette, to perform the functions of the competent authority under this Act, for such area as may be specified in the notification ;

(c) ‘‘Court’’ means a principal Civil Court of original jurisdiction unless the Government has appointed (as it is hereby empowered to do ) a special judicial officer within any specified local limits to perform the functions of the Court under this Act ;

(d) “family’’ means a Hindu Undivided Family ;

(e) ‘‘prescribed’’ means prescribed by rules made this Act ;

(f) “urban property’’ means all land and buildings (including any rights therein) situated––

(a) in any area which is comprised within the jurisdiction of a Municipality and within the jurisdiction of such Notified Area Committee, Town Area Committee, Cantonment or any other body, as may be specified by the Government by notification ;

(b) in any area within such distance, not being more than eight Kilometers, from the local limits of any municipality or any notified area committee, town area committee, cantonment or other body, specified under sub-clause (a) as the Government may, having regard to the extent of, and scope for, urbanization of that area and other relevant considerations, specify in this behalf by notification in the Government Gazette ;

but does not include any plant, machinery or other fixture affixed to the land or contained in a building for the purpose of trade, commerce, business, industry or such other similar activities ;

(g) any reference to a person shall be construed as including a reference to a Hindu Undivided Family.