Centre Removes Prohibition On Transfer Of Land In Jammu & Kashmir To People Outside State [Read Notification]

The Central Government on Tuesday notified the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020, making it possible for people outside Jammu and Kashmir to buy land in the State.

The Jammu and Kashmir Alienation Of Land Act 1995 which prohibited transfer of land in favour of any person who is not a State Subject now stands repealed as a whole.

Section 4 of the J&K Alienation of Land Act had stated "Transfer of land in favour of any person who is not a State Subject, is prohibited". This entire Act stands repealed now.

Further, the order notified by the Ministry of Home Affairs has amended the J&K Land Revenue Act, 1996 to introduce restrictions on the transfer of agricultural land to a non-agriculturist and conversion of agricultural land for non-agricultural purposes. Amendments have been made to the J&K Land Reforms Act as well.

The MHA has also removed 'permanent resident of the state' criteria in definitions of  "economically weaker section" and "low income group"  in Jammu and Kashmir Development Act, 1970. 

Spouse to be regarded as domicile

The MHA's order amends the Jammu and Kashmir Civil Services Decentralization and Recruitment Act 2010 to include 'spouse' of a domicile under the definition of "domicile".  

The order repeals as a whole some of the laws including Jammu and Kashmir Big Landed Estates Abolition Act ( XVII Samvat 2007) , Jammu and Kashmir Common Lands (Regulation) Act, 1956 etc. which contains similar prohibitions. 

"With immediate effect, the Acts mentioned in the Schedule to this Order shall, until repealed or amended by a competent Legislature or other competent authority, have effect, subject to the adaptations and modifications directed by the Schedule to this Order, or if it is so directed, shall stand repealed.", the order reads.

Section 96 of the Jammu and Kashmir Reorganization Act 2019 empowers the MHA to amend and repeal laws of UT of J&K.

In April, the MHA had brought changes in the domicile laws of J&K to include non-locals living in the UT for 15 years and children of Central government employees serving here for 10 years under the definition of "domicile". Before the reorganisation of J&K, non-locals were not eligible for jobs in the erstwhile state. 

The Centre also extended 100% domicile reservation in all government posts.