Now anyone can buy land in Jammu and Kashmir; know rules of Centre's major decision
India

Now anyone can buy land in Jammu and Kashmir; know rules of Centre’s major decision

The Centre has paved the best way for folks from exterior Jammu and Kashmir to purchase land within the union territory by amending a number of legal guidelines, over a yr after the nullification of Articles 370 and 35A of the Constitution. In 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 offers with disposal of the land within the union territory.

READ | J&Ok now up on the market: Omar Abdullah slams Centre’s determination to permit anybody to purchase land in Jammu and Kashmir

Before the repeal of Article 370 and Article 35-A in August final yr, non-residents couldn’t purchase any immovable property in Jammu and Kashmir. However, the contemporary modifications have paved the best way for non-residents to purchase land within the union territory.

Lieutenant Governor Manoj Sinha advised reporters that the amendments didn’t enable the switch of agricultural land to non-agriculturists. However, there are a number of exemptions within the Act which allow the switch of agricultural land for non-agricultural functions, together with organising of instructional or well being care amenities.

Former Advocate General Mohammad Ishaq Qadri mentioned the amendments have opened floodgates for folks from exterior Jammu and Kashmir to purchase lands. “Now there is no legal bar on purchase of land here by outsiders,” he mentioned.

Former Jammu and Kashmir chief minister Mehbooba Mufti mentioned, “After failing on all fronts to provide roti & rozgar to people, BJP is creating such laws to whet the appetite of a gullible electorate. Such brazen measures reinforces the need of people of all three provinces of J&K to fight unitedly.”

“Yet another step thats part of GOI’s nefarious designs to disempower & disenfranchise people of J&K. From the unconstitutional scrapping of Article 370 to facilitating loot of our natural resources & finally putting land in J&K up for sale,” she added.

National Conference chief Omar Abdullah mentioned the amendments have been “unacceptable”. “Unacceptable amendments to the land ownership laws of J&K. Even the tokenism of domicile has been done away with when purchasing non-agricultural land & transfer of agricultural land has been made easier. J&K is now up for sale & the poorer small land holding owners will suffer,” Omar tweeted. 

The order learn, “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 in that behalf, the Central Government hereby makes the following Order in respect of the Union territory of  Jammu and Kashmir, namely:-1. This Order may be called the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020.  It shall  come into force with immediate effect.”

It additionally added–2. The General Clauses Act, 1897 applies for the interpretation of this Order because it applies for interpretation of legal guidelines in drive within the territory of India.

3. With instant impact, the Acts talked about within the Schedule to this Order shall, till repealed or amended by a reliable Legislature or different competent authority, have the impact, topic to the diversifications and modifications directed by the Schedule to this Order, or if it’s so directed, shall stand repealed.”

4. Where this Order requires that in any specified part or different portion of an Act, sure phrases shall be substituted for sure different phrases, or sure phrases shall be omitted, such substitution or omission, because the case could also be, shall, besides the place it’s in any other case expressly offered, be made wherever the phrases referred to happen in that part or portion.

5. The provisions of this Order which adapt or modify any legislation in order to change the way wherein, the authority by which or the legislation underneath or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, dedication, attachment, bye-law, rule or regulation duly made or issued, or something duly executed earlier than the 31st day of October, 2019; and any such notification, order dedication, attachment, bye-law, rule, regulation or something could also be revoked, various or undone within the like method, to the like extent and within the like circumstances as if it had been made, issued or executed after the graduation of this Order by the competent authority and in accordance with the provisions then relevant to such case.

6. The repeal or modification of any legislation specified within the Schedule to this Order shall not have an effect on—  (a) the earlier operation of any legislation so repealed or something duly executed or suffered thereunder;  (b) any proper, privilege, obligation or legal responsibility acquired, accrued or incurred underneath any legislation so repealed;  (c) any penalty, forfeiture or punishment incurred in respect of any offence dedicated in opposition to any legislation so repealed; or (d) any investigation, authorized continuing or treatment in respect of any such proper, privilege, obligation, legal responsibility, penalty, forfeiture or punishment as aforesaid, and any such investigation, authorized continuing or treatment 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 handed or issued.

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* Subject to the provisions of sub-paragraph (1), something executed or any motion taken (together with any appointment or delegation made, notification, instruction or path issued, type, bye-law or scheme framed, certificates obtained, allow or licence granted or registration effected or settlement executed) underneath any such legislation shall be deemed to have been executed or taken underneath the corresponding provisions of the Central Laws now prolonged and relevant to the Union territory of Jammu and Kashmir and shall proceed to be in drive accordingly until and till outmoded by something executed or any motion taken underneath the Central Laws now prolonged to the Union territory of Jammu and Kashmir.

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