The Jammu and Kashmir Utilization of Lands Act, 1953

Short title, extent and application.-(1). This Act may be called the Jammu and Kashmir Utilization of Lands Act, 2010.

1. (2) It shall extend to the whole of the State.

Definitions.--In this Act, unless there is anything repugnant in the subject or context,--

1. (a) "allottee" means a person in whose favour an allotment has been made under the provisions of the Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006 ;
2. (b) "Collector" means the Collector of the District where the land is situated ;
3. (c) "Custodian" has the meaning assigned to it in the Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006 ;
4. (d) "evacuee land" means land which has vested in the Custodian under the provisions of the Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006 ;
5. (e) "land" does not include land which is a building in a town or village or urban land or land vested in the Government or Custodian under any law other than this Act ;
6. (f) "owner" means a person having a proprietary right in the land ;
7. (g) “prescribed” means prescribed by rules made under this Act;
8. (h) “tenant” means a person to whom land is leased by the Collector under this Act;
   • (i) “Urban Land” means land included within the limits of a Municipality, Notified Area Committee, Town Area Committee or Cantonment.

Power to take possession of any vacant land—(1) If the Collector is satisfied that any land has not been cultivated for the last two or more years and is, or can be made, fit (for purpose of production of any variety of seeds or for growing food, cotton, fodder or other crops), he may serve a notice on the owner of such land requiring him to cultivate the land within thirty days as may be specified in the notice:

Provided that where the Collector is at any time satisfied that any land situated in any area of the State near or adjacent to International Border or Cease Fire Line is not being cultivated on account of disturbances or for fear of such disturbances, he may, notwithstanding that two years have not elapsed since the land has remained uncultivated, serve the owner with a notice requiring him to cultivate the land within such time as may be specified in the notice.

1. (2) Notwithstanding any law to the contrary, the Collector, if satisfied that the owner of land on whom notice was served under sub-section(1), has failed to cultivate the land within the period specified therein, may take possession of such land for the purposes of this Act.
2. (3) The notice required by sub-section
3. (1) shall be deemed to be duly served if delivered at, or sent by post to, the usual or last known place of residence of the owner or any one of them if there are more owners than one:

Compensation Compensation—(1) Where any land is taken possession of under section 3, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,--

1. (a) Where the amount of compensation can be fixed by agreement, it shall be in accordance with such agreement;
2. (b) Where no such agreement can be reached, the Collector shall, after hearing the parties, determine the amount of compensation in the prescribed manner on the basis of the prevailing rates of rent in the locality for similar land and in similar circumstances.

1. (2) The compensation awarded under sub-section
2. (1) shall be paid to such person as the Collector, after such inquiry as he deems fit, considers to be lawfully entitled thereto.

Lease of land by Collector.—The Collector may lease the land taken possession of under section 3 upon such terms and conditions as he deems fit for the purpose of production of any variety of seeds or for growing food, cotton, fodder or other crops to any person for a period not less than one year and not more than twenty years.

Restoration of land on expiry of lease.—(1) On the expiry of the period of the lease and when the land is to be returned to the owner, the Collector shall, after making such inquiry as he deems fit, deliver possession to the person he deems to be owner.

1. (2) If the person to whom possession of any land is to be delivered cannot be found and has no agent or any other person empowered to accept delivery on his behalf, the Collector shall cause to be affixed on some conspicuous part of the land a notice declaring that the land is available for delivery.
2. (3) Upon the date of service of the notice referred to in sub-section (2), such land shall be deemed to have been delivered to the owner, and the State Government or the Custodian shall not be liable for any compensation or other claim in respect of the land for any period after the said date.

Power to use force, etc.—The Collector may take or cause to be taken such steps and use or cause to be used such force as may, in his opinion, be necessary for securing compliance with any order made by him under this Act.

Delegation of functions.—The Collector may delegate in writing all or any of his powers and functions under this Act to any officer of the Revenue or Rehabilitation Department in his district either by name or by designation.

Registration, etc., of instrument of lease not necessary.—Notwithstanding anything contained in any law for the time being in force, no instrument in writing to give effect to a lease by the Collector under this Act shall require stamp, attestation or registration.

Appeal to Commissioner and bar of jurisdiction.—(1) Any decision of the Collector in any matter, which he is empowered to decide, shall be appealable to the Commissioner (Revenue) within 30 days of the date of such decision : Provided that the time spent in obtaining copies of the decision appealed against shall be deducted in computing the aforesaid period.

1. (2) Omitted.
2. (3) Except as provided in this Act no order made in exercise of any power conferred by this Act shall be called in question in any Court or before any authority.

A. Revision.—Notwithstanding anything contained in this Act, 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 in which the Commissioner has passed an order under this Act for the purpose of satisfying itself as to the legality or propriety of such order and may pass such order in relation thereto as it thinks fit.

Bar to suits or legal proceedings.—(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done by him under this Act.

1. (2) No suit or other legal proceeding shall lie against the Government for any damage caused by anything which is in good faith done or intended to be done under this Act.

A. Power to exempt.—The Government may, by notification in the Government Gazette, exempt a unit of land not being used by an owner as a private pasture or for raising an orchard.

Power of Government to make rules.—The State Government may, by notification in the Government Gazette, make rules for carrying out the purposes of this Act.