Vesting of rights

Vesting of rights. –

1. (1) Notwithstanding anything contained in any law for the time being in force but subject to the provisions of this Act, all rights, title and interest in any State land shall vest in the occupant or head of the family in case of two or more occupants belong to a family subject to the following conditions, namely:-
   • (a) that he is a permanent resident of the State;
   • (b) that he has applied or applies in the prescribed manner for transfer of vesting of such land within such period as the Government may, from time to time, specify;
   • (c) that he pays the price as is determined in the prescribed manner for such land to the Government;
   • (cc) that the land shall be used in conformity with the provisions of the Master Plan, wherever existing, and if there is no Master Plan for any area, it shall be put to prescribed land use, if any; and
   • (d) that the land is not required for any public purpose.
2. (2) The total land in possession of any person or a family including the land vested in such person or a family under sub-section (1) shall not exceed the limits of hundred kanals. Explanation: - The expression “family” and “head of the family” in this section shall have the same meaning as are assigned to these in the Jammu and Kashmir Agrarian Reforms Act, 1976.
3. (3) The occupant shall, within such period as may be prescribed, deposit the price as determined and notified, with the District Collector concerned against proper receipt who shall thereupon issue a formal order conferring ownership rights upon the said occupant.
4. (4) The Tehsildar shall attest mutation in favour of such occupant, on payment of a mutation fee of rupees twenty per kanal in rural areas and rupees fifty in urban areas, conferring upon him the ownership rights in respect of such land within one month from the date the occupant produces receipt of the money deposited with the District Collector.
5. (5) Any occupant who fails to deposit the price of land under sub-section (3) shall be evicted from such land by the Assistant Commissioner (Revenue/Nazool) within two months from the date the period for its payment expires and report to the District Collector forthwith.
6. (6) On receipt of a report under sub-section (5), the District Collector shall cause such land to be put to auction by the Committee.