Tejaswini Bakshi
The Centre has prepared for individuals from outside Jammu and Kashmir to purchase land in the association domain by altering a few laws, longer than a year after the invalidation of Articles 370 and 35A of the Constitution. In a notification, the Centre has discarded the expression “permanent inhabitant of the state” from Section 17 of the Jammu and Kashmir Development Act that manages removal of the land in the association region.
Before the cancelation of Article 370 and Article 35-An in August a year ago, non-occupants couldn’t accept any resolute property in Jammu and Kashmir. Nonetheless, the new changes have prepared for non-occupants to purchase land in the association domain.
The order read, “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.”
Great news. Any Indian citizen can now buy land in Jammu & Kashmir & Ladakh. Ministry of Home Affairs notifies UT of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020. The order will come into force with immediate effect. Full integration of J&K. pic.twitter.com/PKn0oLOZCT
— Aditya Raj Kaul (@AdityaRajKaul) October 27, 2020
It also added–2. The General Clauses Act, 1897 applies for the interpretation of this Order as it applies for interpretation of laws in force in the territory of India.
- With immediate effect, the Acts mentioned in the Schedule to this Order shall, until repealed or amended by a competent Legislature or other competent authority, have the effect, subject to the adaptations and modifications directed by the Schedule to this Order, or if it is so directed, shall stand “
- Where this Order requires that in any specified section or other portion of an Act, certain words shall be substituted for certain other words, or certain words shall be omitted, such substitution or omission, as the case may be, shall, except where it is otherwise expressly provided, be made wherever the words referred to occur in that section or
The Government of India today has notified new land laws allowing every citizen to buy lands in the Union Territory of Jammu & Kashmir.#JammuAndKashmir https://t.co/Fj1tLuin7t
— Freedom Press India (@FreedomPressIn4) October 27, 2020
- The provisions of this Order which adapt or modify any law so as to alter the manner in which, the authority by which or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, bye-law, rule or regulation duly made or issued, or anything duly done before the 31st day of October, 2019; and any such notification, order commitment, attachment, bye-law, rule, regulation or anything may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances as if it had been made, issued or done after the commencement of this Order by the competent authority and in accordance with the provisions then applicable to such
- The repeal or amendment of any law specified in the Schedule to this Order shall not affect—
- the previous operation of any law so repealed or anything duly done or suffered thereunder;
- any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the Jammu and Kashmir Reorganisation Act, 2019 or this Order had not been passed or
Lieutenant Governor Manoj Sinha told journalists that the revisions didn’t permit the exchange of rural land to non-agriculturists. Nonetheless, there are a few exceptions in the Act which empower the exchange of rural land for non-horticultural purposes, including setting up of instructive or medical care offices.
