section 3
Power to transfer property for permanent settlement of displaced persons
The Jammu and Kashmir Displaced Persons (Permanent Settlement) Act, 1971General19719 sections
Statutory text
Power to transfer property for permanent settlement of displaced persons.--(1) The Government may, for the permanent settlement of any displaced person, transfer--
- (a) any land owned by the State ;
- (b) any land which has escheated to the State ;
- (c) any evacuee land acquired under section 4 ; to such displaced person in such form and manner and on such terms and conditions as may be prescribed.
- (2) For the purpose of transferring any land under sub-section (1), it shall be lawful for the Government to transfer the same to a displaced person jointly with any other person who is a permanent resident of the State.
- (3) No displaced person, to whom land has been transferred under this section, shall--
- (a) use such land save for agriculture purposes or for purposes subservient to agriculture ;
- (b) transfer such land or any interest therein to any person: Provided that nothing in this clause shall apply to any such transfer made in favour of--
- (i) the State ;
- (ii) the State Land Development Bank ;
- (iii) a Land Development Bank established under the provisions of the Jammu and Kashmir Co-operative Societies Act, 1960 ;
- (iv) a Co-operative Bank registered under the Co-operative Societies Act, 1960 ;
- (v) any Scheduled Bank subject to the provisions of section 140 of the Transfer of Property Act, 1977 ; as a security for any loan raised by such displaced person from the State or any such Bank as aforesaid.
- (4) Where any land is used in contravention of clause
- (a) of sub-section (3), such land shall be resumed by the Government.
- (5) Where any transfer is made in contravention of clause
- (b) of sub-section (3), such transfer shall be null and void and the land forming subject-matter of such transfer shall be resumed by the Government.
- (6) Where any land is liable to be resumed under sub-sections
- (4) and (5), the Collector of the district within the local limits of whose jurisdiction such land or any portion thereof is situate may, on his own motion or otherwise and after such inquiry, as may be deemed necessary, take possession of such land which shall thereupon vest in the Government free from all encumbrances.
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