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1. Short title and commencement. – (1) These rules may be called the
Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Rules,
2007.
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[(2) They shall come into force on their publication in the Government
Gazette.]
(a) “Act” means the Jammu and Kashmir State Lands (Vesting of
Ownership to the Occupants) Act, 2001;
(h) words and expressions used in these rules but not defined shall
have the same meaning as assigned to them in the Act.
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These rules have been published in Government Gazette dated 5th March, 2007.
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3. Mapping of State land. - (1) The mapping of State land shall be carried
out by the Tehsildar in such manner and within such period as may be directed by
the Government from time to time:
(2) Any officer may, in the discharge of his duty under the Act enter upon
and survey the State Land and demarcate the boundaries under section 3-A of the
Act.
4. State land to be notified. – (1) When mapping of State land has been
completed and the Tehsildar is satisfied that the particular property in his
jurisdiction is State land, he shall notify the same in the Government Gazette and
in local News paper as also on the notice board kept for that purpose in his office.
(2) The Tehsildar shall intimate the District Collector within 7 days of
such notification about the completion of mapping.
Provided that if the owner fails or refuses to remove the article or articles
thereof after the expiry of prescribed notice or if the article is subject to speedy
and natural decay, the Tehsildar may cause it to be disposed off by public auction
and the owner shall be entitled to sale proceeds, after deducting the expenses
incurred on holding of such auction:
Provided further that the notice of auction shall be published in at least two
local dailies having wide circulation in the locality.
(a) The Tehsildar shall give wide publicity to the notice for auction of
the land through print and electronic media, giving full particulars
in the notice, and the auction shall be conducted after 15 days from
the date of publication of such notice by the committee constituted
under sub-section (1) of section 12 of the Act.
(b) The intending bidder shall have to deposit with the Tehsildar,
earnest money equal to 2% of the minimum reserve price, fixed for
such land, before the auction.
(c) The person offering the highest bid shall have to deposit 1/4th of
the bid amount with the Tehsildar, on the close of auction, failing
which the land in question shall be re-auctioned forthwith.
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(d) The balance amount shall be paid by the person in whose favour
auction has been confirmed within a period of 10 days from the
date of auction.
(2) The person verifying the pleadings shall also furnish an affidavit in
support of the said pleadings.
(3) The Tehsildar may issue notice to any person whose attendance is
required in his opinion or who may be interested in the proceedings. The Tehsildar
may for expeditious disposal of the case issue commission for examination of any
person within his jurisdiction.
(2) Where a notice has been duly served under sub rule (1) and possession
is not delivered as required, a warrant of eviction shall be issued under the
signatures of the Assistant Commissioner under section 9 of the Act. One copy of
the warrant shall be forwarded to the Police Officer of the Police Station
concerned for carrying out eviction who shall forthwith take steps to effect the
eviction with use of such force as may be necessary.
‘B’ For other districts including areas falling under the Tourism
Development Authorities:
11. Terms and conditions under section 4 of the Act. – (1) For the
purpose of implementation of section 4 of the Act the terms and conditions shall
be as under: -
(ii) The land, for which transfer of ownership is sought, should be free
from encumbrances.
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(2) Arrears, if any, on account of ground rent or any other such account
shall have to be deposited by the occupant, with the Tehsildar, prior to vesting of
ownership rights.
12. Death of occupant. – No action initiated under the Act shall abate by
reason of the death of occupant and the same may be continued by or against the
legal heir of the occupant.
I) In Residential use:-
Provided that where the land is in residential as well as commercial use the
rates of commercial use shall apply:
Provided further that the following limit shall apply for regularization of
land in favour of Occupants which is under Institutional use and the land held
over and above the said limit shall be resumed by the Government: -
(a) the land use in respect of agricultural land shall not be changed
after the ownership is vested. However, in case an occupant desires
to use agricultural land in future for any purpose, other than
agriculture if otherwise admissible in due process of law, he shall
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have to pay as per the scale prescribed for commercial use for
getting the land regularized for that purpose;
(b) the land in question should have been in cultivation at least for
three years on the date of application;
14. Incentive and Penalty for payment. – The following schedule of time
and scale of incentive and penalty shall be adopted in the realization of the price
of land against which ownership rights are decided to be vested with the occupant,
namely:-
15. Review by officers. – An officer exercising powers under this Act may
either of his own motion or on the application of any party interested, review,
modify, reverse or confirm, any order passed by himself or any officer
predecessor in office within a period of 15 days from the date of issuance of such
order.
16. Rewards and incentives. – The Government may devise and notify a
policy of granting rewards and incentives to such officers administering the
scheme who show excellent performance in implementation of the scheme:
17. Appeals. – (1) An appeal against the order of the Committee may be
filed within a period of thirty days stating the grounds on which the order
appealed against is sought to be challenged and shall be accompanied by a
certified copy of such order.
18. Repeal and Savings. – (1) The Jammu and Kashmir State Lands
(Vesting of Ownership to the Occupants) Rules, 2005 are hereby repealed.
(2) Notwithstanding such repeal, anything done, any action taken, or any
order or notification issued under the said Rules shall be deemed to have been
done, taken or issued under the corresponding provisions of these Rules as if these
Rules were in force on the date such thing was done, action taken or order or
notification issued.
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Form 1
To
Sh./Smt. ________________________________
________________________________________
________________________________________
Signature of Tehsildar
No.
Dated:
______
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Form 2
9. Name and particulars of the person from whom the State land shown
above was urchased (if applicable)_______________
Signature of Applicant
Note: - The applicant should attach a duly sworn affidavit in support of the
information given above
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