Section 3 in Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001
3. Act not to apply to certain lands
-The provisions of this Act shall not apply to such State land as is:(a)recorded or used as pathway, grazing ground, graveyard, cremation ground, camping ground or Kohl (irrigation channel);(b)held by any Government Department or institution under the control of the Government;(c)[ earmarked for a specific purpose in any] [Existing clause (c) omitted and clauses (d), (e) and (0 renumbered as clauses (c), (d) and (e) respectively by Act No. XVI of 2004, section 3.] [x x x] [The word "District" omitted ibid.] Master Plan;(d)covered by fields floating over water;(e)forest land or wooden waste];(f)[ held by a person in terms of Government Order No. LB 6/C of 1958 dated 5-6-1958 read with Government Order No. S/432 of 1966 dated 3-6-1966 irrespective of the fact whether mutation in his favour has been attested or not; [Clauses (f) to (k) inserted by Act III of 2007, section 3, w.e.f. 20-11-2006.](g)held by a person by virtue of Government Order No. LB 7/C of 1958 dated 5-6-1958;(h)held by a displaced person of 1947, 1965 or 1971 by virtue of Cabinet Order No. 578/C of 1954 dated 7-5-1954 read with Cabinet Order No. 254/C of 1965 dated 7-7-1965 and Cabinet Order No. LB 40 of 1969 dated 1-1-1969;(i)held by a person in a residential colony which stands regularized by the Housing and Urban Development Department up to 18-3-2005;(j)held by a person in pursuance of permission granted or allotment made by the Government under the provisions of Jammu and Kashmir Big Landed Estates Abolition Act, Samvat 2007 (1950 A.D) or Jammu and Kashmir Agrarian Reforms Act, 1976; in respect of land which has escheated to the Government under the provisions of any of the said Acts; or(k)held by a person which is barred by the Limitation Act, Samvat 1995 (1938 A.D).][3-A. Mapping of State land-The mapping of the State land shall be carried out by such authority, in such manner and within such time, as may be prescribed.] [Section 3-A inserted by Act XVI of 2004, section 4.][4. State land-[(1) Without prejudice to the powers of the Government to lease out State land under the Jammu and Kashmir Land Grants Act, 1960 or any other law for the time being in force on the subject, the State may, in such manner as may be prescribed, auction the State land in favour of the permanent residents of the State in the following order and subject to the conditions specified hereinafter:-Vacant land for commercial use:-(i) State land for commercial use in the cities of Srinagar and Jammu and tourist resorts;(ii)State land for commercial use in such other cities and towns in the State as may be notified by the Government from time to time;(iii)State land for commercial use in such rural areas as may be notified by the Government from time to time:Provided that nothing herein shall take away the power of the Government to lease out land on bid or negotiated basis for development of tourist resorts in such tourist areas as may be notified by the Government, from time to time, under this Act;(iv)subject to the directions of the Government, the competent authority to auction such vacant land shall be the Committee;(v)the reserve price for such land in any specific area shall not be less than the registered sale price of the migrant property in such area or the market value of land determined for purpose of stamp duty under the Stamps Act, Samvat 1977 and the rules made thereunder or the highest sale deed registered in the area, whichever is higher;(vi)the Committee may fix higher reserve price, in respect of any vacant State land, Wherever it is of the opinion that the reserve price fixed under sub-clause (v) is lower than the potential value of such land as determined in accordance with sub-section (2) of section 12;(1-A) State land in possession of:(i)an authorized occupant may be converted into freehold rights by the Committee in favour of the occupant unless he opts for exercising his lease hold rights;(ii)an occupant at the commencement of the Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) (Amendment) Act, 2004 may be considered for conversion into freehold rights by the Committee in such manner as may be prescribed:Provided that the State land falling within 50 feet and 75 feet from the centre on either side of any interior road and highway, respectively, shall be considered by the Government only for grant of leasehold rights initially for a period of forty years subject to conversion in the term of lease or resumption of such State land in the public interest on expiry of the initial term of lease.] [Section 4 substituted ibid, section 5.].(2)The price at which the freehold rights shall be granted under sub-clause (vi) of clause (a) and sub-clauses (i) and (ii) of clause (b) shall be 7 determined by the Committee in the manner prescribed under section 12 [***] [The words "which shall be subject to the approval of the Government" omitted by act III of 2007, section 4, w.e.f. 20-11-2006.].(3)Notwithstanding anything to the contrary contained in any other provision of the Act,-(i)the vacant State land falling within the territorial limits of Srinagar Development Authority and Jammu Development Authority shall stand transferred to the respective authority; and(ii)the Ladakh Autonomous Hill Development Council and the Kargil Autonomous Hill Development Council shall be the competent authority for disposal of the State lands falling within the limits of a Council and the proceeds thereof shall be utilized for development purposes by the concerned Council.]
