JAMMU
AND KASHMIR MIGRANT IMMOVABLE PROPERTY (PRESERVATION, PROTECTION AND RESTRAINT
ON DISTRESS SALES) ACT, 1997 THE JAMMU AND KASHMIR MIGRANT IMMOVABLE PROPERTY (PRESERVATION,
PROTECTION AND RESTRAINT ON DISTRESS SALES) ACT, 1997 [Act No. 25 of 1997] [ 5th November, 1997] Be it enacted by the Jammu
and Kashmir State Legislature in the Forty-eight year of the Republic of India
as follows:- (1)
This Act may be called the Jammu and Kashmir Migrant Immovable
Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997. (2)
It extends to the whole of the State of Jammu and Kashmir. (3)
It shall come into force at once. In this Act, unless the
context otherwise requires:- (a)
"Alienation" means sale, gift, mortgage with possession
or exchange but shall not include gift in favour of an heir. (b)
"Competent Authority" means the District Magistrate of
the area and includes such officer of the area as the Government may appoint
for an area; (c)
"Government" means the Government of the State of Jammu
and Kashmir; (d)
"Immovable property" shall also include tenancy rights
or interest created under any law for the time being in force; (e)
"Migrant" means any person who has migrated from Kashmir
Valley after 1st November, 1989 and is registered as such with the Relief
Commissioner and includes a person who has not been so registered on the ground
of his being in service of the Govt. in any moving office, or having left the
Valley in pursuit of occupation or vocation or otherwise, and is possessed of
immovable property in the Valley, but is unable to ordinarily reside there due
to the disturbed condition. (f)
" prescribed" means prescribed by the rules made under
this Act; (g)
"Prescribed Authority" means the authority competent to
grant permission under Section (3). (h)
"Relief Commissioner" means any authority appointed as
such by the Government or any other State or Central Government for purpose of
registration of migrants.; (i)
"unauthorized occupant" means any person who has
encroached upon or taken possession of any immovable property of a migrant
without his written consent and authority of law. Not withstanding anything
to the contrary contained in any other law for the time being in force--. (a)
Alienation of immovable property of a migrant by Act of parties or
a decree or order of a court or of a Revenue officer except under such
conditions as may be prescribed and with previous permission of the Revenue and
Relief Minister or such officer as may be authorised by him in this behalf, is
forbidden; Provided that no such permission shall be necessary in case of a
mortgage without possession of such immovable property in favour of an
institution mentioned in section 4-A of the Jammu and Kashmir Alienation of
Land Act, Samvat 1995 and transfer of the said immovable property in favour of
Government of Jammu and Kashmir; Provided further that the permission to
alienate shall be deemed to have been granted, if an application seeking
permission for alienation of such property is not decided by the prescribed
authority within fifteen days from the date of receipt such application;
Provided also that the enquiry for the purposes of the grant of permission by
the prescribed authority shall be limited to the question of sale being not
distress; (b)
any alienation of Immovable property on or after the commencement
of this Act, in contravention to the provisions thereof, shall be null and void
and immovable property so alienated shall, after such enquiry as may be prescribed,
vest in its owner; and (c)
no document purporting to alienate such immovable property in
contravention of the provisions of this section shall be admitted to
registration. (1)
Within 30 days from the commencement of this Act, the District
Magistrate shall take over the possession of immovable properties, belonging to
migrants falling within his territorial jurisdiction and shall on the expiry of
said period of 30 days be deemed to have the custody of such immovable
property. (2)
The District Magistrate shall take all such steps as may be
necessary for preservation and protection of such property: Provided that
possession of such property shall not be handed over to any one save with the
express consent of the migrant in writing. If any unauthorised
occupant of any migrant property refuses or fails on demand to surrender
possession thereof to the competent authority, such authority may use such
force as is necessary for taking possession of such property and may for this
purpose after giving reasonable warning and facility to any women not appearing
in public to withdraw, remove or break open any lock, bolt or any door or do
any other Act, necessary for the said purpose. (1)
the competent authority may take or cause to be taken such steps
and use or cause to be used such force as may be, in its opinion necessary for
eviction from or delivery of possession of immovable property under this Act. (2)
At any time after the commencement of this Act, it shall be lawful
for a competent authority to enter upon any immovable property of any migrant
and make or cause to be made any survey including measurement and do any other
act which may be necessary for carrying out the purposes of this Act: Provided
that no such survey or measurement shall be done otherwise than on a written
complaint by a migrant. (1)
Any person aggrieved of an order passed under this Act, may file
an appeal before the Financial Commissioner, Revenue: Provided that no such
appeal shall be entertained against- (a)
an interlocutory order; (b)
an order of eviction unless possession of the property is
surrendered to the competent authority; (c)
an order of payment of compensation determined under this Act
unless the amount of compensation is deposited with the appellate authority. (2)
The period of limitation for filing of an appeal under sub-section (3)
shall be fifteen days from the date of order appealed against. Notwithstanding anything
contained in any law for the time being in force (a)
no civil court shall have jurisdiction to settle, decide or deal
with any question or to determine any matter arising under this Act or the
rules made thereunder; and (b)
no order of any officer or authority passed under this Act or the
rules made thereunder shall be called in question in any civil court. No suit or any other legal
proceedings shall lie against any officer or authority in respect of anything
which is in good faith done or intended to be done under this Act. The Revenue Minister may,
from time to time, issue such instructions not inconsistent with this Act, or
the rules made thereunder as he may consider necessary for the purposes of
implementing the provisions of this Act or the rules made thereunder. The provisions of this Act,
the rules made and the instructions issued thereunder shall have effect
notwithstanding anything contained in any other law or custom or usage or in
any contract, express or implied, or in any instrument inconsistent with the
provisions of this Act. For the removal of doubts,
it is hereby declared that restrictions imposed by section 3 on the rights
conferred by clause (1) of Article 19 of the Constitution of India, as
applicable to the State, shall be deemed to be reasonable restriction. Any person who is an
unauthorised occupant or recipient of any usufruct of any immovable property of
the migrant shall pay to the migrant such compensation for the period of
unauthorised occupation and in such manner as may be determined by the District
magistrate: Provided that the same shall not be less than double the market
rent/rate prevalent in that area. The Government may make
rules for carrying out the purposes of this Act.
Preamble - THE JAMMU AND KASHMIR MIGRANT IMMOVABLE PROPERTY
(PRESERVATION, PROTECTION AND RESTRAINT ON DISTRESS SALES) ACT, 1997PREAMBLE