The Jammu and Kashmir Urban Property (Ceiling) Act, 1971

Short title and commencement.-(1) This Act may be called the Jammu and Kashmir Urban Property (Ceiling) Act, 1971.

1. (2) It extends to the whole of the Jammu and Kashmir State.
2. (3) It shall come into force on such date as the Government, may by notification in the Government Gazette, appoint.

Definitions.-In this Act, unless the context otherwise requires,-

1. (a) "ceiling limit" means the ceiling limit specified in section 3 ;
2. (b) "competent authority" means any person or authority authorised by the Government by notification in the Government Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification ;
3. (c) "Court" means a principal Civil Court of original jurisdiction unless the Government has appointed (as it is here empowered to do) a special judicial officer within any specified local limits to perform the functions of the Court under this Act;
4. (d) "family" means a Hindu undivided family ;
5. (e) "prescribed" means prescribed by rules made under this Act ;
6. (f) "urban property" means all land and buildings (including any rights therein) situated-
7. (a) in any area which is comprised within the jurisdiction of a Municipality and within the jurisdiction of such Notified Area

Ceiling limits.

1. (a) Hindu undivided family.
2. (b) Ceiling limit is the case of every family consisting of five members shall be so much urban property

Restriction on ownership of urban Property in excess of ceiling limits

Persons owning urban property to file statements.

1. (1) Every person owning urban property in excess of the ceiling limit at the commencement of this Act shall, within such period as may be prescribed, file to the competent authority a statement containing the urban property owned by such person.
2. (2) Every statement prepared under sub-section
3. (1) shall contain the following particulars, namely :--
   • (i) the name and address of the person ;
   • (ii) particulars of all urban property owned by such person and the value thereof ;
   • (iii) particulars of urban property which such person desires to retain within the ceiling limit, and
   • (iv) such other particulars as may be prescribed.

Final statement.

After the disposal of the objections if any, preferred under sub-section

1. (4) of section 7, the competent authority shall make necessary alterations in the draft statement in accordance with the orders passed on the objections aforesaid and shall declare the urban property owned by the person concerned in excess of the ceiling limit and cause a copy of the draft statement as so altered to be served on the person concerned.

Government to acquire urban property in excess of the ceiling limit.

After the commencement of this Act, the Government shall acquire under the law relating to the acquisition of urban property declared to be in excess of the ceiling limit such property with a view to utilizing such property for public purposes.

Notice to be given to competent authority before urban property in excess of ceiling limit is transferred.

Competent authority to determine whether urban property in excess of ceiling limit is needed for a public purpose Competent authority to determine whether urban property in excess of ceiling limit is needed for a public purpose.

On receipt of the notice under section 10, the competent authority shall, within a period of 120 days of such receipt, determine whether the property is needed for a public purpose and intimate the person who has given the notice.

Power of Government to acquire urban property in excess of the ceiling limit.

Where intimation has been given under section 11 that the urban property in excess of the ceiling limit is needed for a public purpose, the Government shall, as soon as may be after such intimation has been given, acquire such property.

When urban property in excess of the ceiling limit may be transferred.--Where, within a period of 120 days of the receipt of the notice, the competent authority does not intimate that the urban property in excess of the ceiling limit is needed for a public purpose, such person may transfer such property in any mode whatsoever.

Restrictions on registration of transfers of urban property.--Notwithstanding anything contained in any law for the time being in force, no document relating to any transfer of urban property, either by sale, gift, exchange or otherwise shall be registered by any registering officer appointed under the Registration Act, Svt. 1977, unless--

1. (a) the transferor makes a declaration in writing to such officer that the property intended to be transferred has not been declared to be in excess of the ceiling limit under this Act and that the property has been so declared he is not needed for a public purpose; and

Ceiling limit on future acquisition by inheritance, request or by sale in execution of decrees, etc.

1. (1) Any person who acquires by inheritance, bequest or by sale in execution of decrees, etc. any urban property which by itself or together with other urban property owned by him exceeds the ceiling limit, shall within such period as may be prescribed, file a declaration before the competent authority giving particulars of the urban property owned by him and also the urban property which he desires to retain.
2. (2) The provisions of sections 5 to 13 (inclusive) shall, as far as may be, apply to the declaration filed under this section and to the urban property owned by such person in excess of the ceiling limit.

Power of competent authority.--The competent authority shall have the powers of a Civil Court, while trying a suit under the Code of Civil Procedure, Svt. 1977, in respect of the following matters, namely:--

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of documents;
3. (c) receiving evidence on affidavits;
4. (d) requisitioning any public record or copy thereof from any court or office;
5. (e) issuing commissions for the examination of witnesses; and
6. (f) any other matter which may be prescribed.

Appeal against order of the competent authority--

1. (1) Any person aggrieved by an order made by the competent authority under this Act may, within thirty days of the date on which the order is communicated to him, prefer an appeal to such authority as may be prescribed (hereinafter referred to as the appellate authority): Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Powers of revision.--The Government may, at any time, either on its own motion or on an application made to it in this behalf, call for the record of any case which is pending before or has been disposed of by the competent authority for the purpose of satisfying itself as to the legality or propriety of such order or proceedings and may pass such orders in relation thereto as it thinks fit:

Penalty for concealment, etc. of particulars Penalty for concealment, etc. of particulars.

1. (1) If the competent authority, in the course of any proceeding under this Act is satisfied that any person has concealed any particulars of any urban property owned by him or has furnished inaccurate particulars, it may, after giving such person an opportunity of being heard, by order in writing, direct that such person shall pay, by way of penalty, a sum which shall not be less than, but which shall not exceed the amount representing the value of any urban property in respect of which the particulars have been concealed or in respect of which inaccurate particulars have been furnished.
2. (2) Any amount of penalty imposed under sub-section
3. (1) shall be recoverable as an arrear of land revenue.

Offences and punishments.

1. (1) If any person acquires by purchase any urban property which by itself or together with other urban property already owned by him exceeds the ceiling limit, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both.
2. (2) If any person fails to complete the building or structure for the purpose, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both.
3. (3) Where any person continues to refuse or willfully fails to furnish the declaration, he shall be punishable with simple imprisonment which may extend to two years, or with fine which may extend to five thousand rupees, or with both.
4. (4) If any person makes any false statement, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
5. (5) If any person contravenes the provisions of this Act, he shall be punishable with fine which may extend to five thousand rupees, or with imprisonment for a term which may extend to two years, or with both.
6. (6) If any person who is under an obligation to file a declaration under section 15 makes any such declaration which he knows or has reason to believe to be false he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may not be less than one thousand rupees.

Act not to apply to certain urban properties. Nothing in this Act shall apply to—

1. (i) the Central Government or the State Government or any local authority or any corporation established by or under a Central or State Act or any Government company as defined in section 617 of the Companies Act, 1956;
2. (ii) any public charitable or religious trust ;
3. (iii) any widely-held company ;
4. (iv) any co-operative society (registered under any law relating to co-operative societies) other than a co-operative housing society engaged in any business or industry ; and
5. (v) any club formed by association of individuals on mutual non-profit basis ; or
6. (vi) any building or class of buildings which the Government may, by special or general order, specify.

1. (b) any urban property, being a building built for the accommodation of the poorer portions of the society in accordance with the schemes approved by the Government. Explanation : In this section "widely-held company" means a company (not being a private company) as defined in the Companies Act, 1956, the shares of which are listed, in a recognised stock exchange in India in accordance with the Securities Contract (Regulation) Act, 1956 and the rules made thereunder.

Power to make rules.--(l) The Govmunent may, by notification in the Government Gazette,,make rules to carry out the putposes ~f this Act.

1. (2) In particular and without prejudice to the generality of the foqoing power, guch nrles may provide for all or any of the fblbwing mattes, namely :-
   • (a) the particulars which the statement to be filed under sub-sectiotr
     • (I) or subddon
2. (2) of section 5 shall contain ;