The Jammu and Kashmir Alienation of Land Act, 1995
The Jammu and Kashmir Alienation of Land Act, 1995
The Jammu and Kashmir Alienation of Land Act, 1995, is a protective legislative framework designed to safeguard the interests of the agricultural community in the region. Its primary objective is to prevent the dispossession of farmers by strictly regulating the transfer, sale, and mortgage of agricultural land. The Act prohibits the transfer of land to non-State subjects and mandates that permanent alienations be sanctioned by the Deputy Commissioner. It also restricts the forms of mortgages allowed for agricultural land to ensure farmers do not lose their holdings through predatory lending. Ultimately, the Act prioritizes the preservation of agricultural land ownership within the designated agricultural class.
- 1. Short title, extent, commencement and repeal
- 2. IV of 1993 shall be repealed from the date this Act comes into force.
- 3. Application of Act to sections 60 and 61 of the Tenancy Act
- 4. Transfer of land in favour of non-State Subject prohibited
- 4A. Transfer of land in the form of simple mortgage permitted in favour of the Jammu and Kashmir Bank Ltd. and other Scheduled Banks
- 5. Provided that in any suit based on such mortgage the mortgaged land shall be sold only to a permanent resident of the State who is a member of an agricultural class for purpose of this Act.
- 6. Agricultural classes
- 7. Saving for rights in land alienated
- 8. Forms of mortgage permitted in certain cases
- 9. Rules applying to permitted mortgages
- 10. Conditions in permitted mortgages
- 11. Power to revise mortgage made in form not permitted
- 12. The Deputy Commissioner may, for any reason which he deems sufficient, set aside any ex parte proceedings taken under this sub-section.
- 13. Leases and farms
- 14. Restriction on power to make further temporary alienation
- 15. Ejectment of mortgagee, lessee or farmer remaining in possession after term
- 16. Temporary lease or mortgage of land for non-agricultural use or for more than three years not valid without permission
- 17. Resumption of certain land by Government on the report of the Revenue Minister
- 18. Effect of permanent alienation made without sanction
- 19. Sanction of Deputy Commissioner required to certain alienations of, or charges on, produce of land
- 20. Sale of land in execution of decree forbidden to non-agriculturist
- 21. Registration
- 22. Record of rights and annual record
- 23. Application of certain provisions of the Land Revenue Act
- 24. Appearance of legal practitioners forbidden
- 25. Jurisdiction of Civil Courts excluded
- 26. Action to be taken by Deputy Commissioner when decree or order passed contrary to Act
- 27. Provided that, no appearance by or on behalf of the [Deputy Commissioner] shall be deemed necessary for the disposaI of the application.
- 28. Exercise of powers of Deputy Commissioner
- 29. Power of Government to exempt any areas or persons
- 30. Power of Government to make rules
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