Section 6 in Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001
6. Preliminary action on application
(1)On receipt of an application under section 5, the Tehsildar shall make an entry in a register duly numbered and also attest each such entry date-wise.(2)The Tehsildar shall, after holding such enquiry, as he thinks fit, and after verifying the contents of the application, make a report to the District Collector of the area recommending that the application may be allowed for the whole or any part of the area of land to which it relates or that it may be rejected.(3)The District Collector shall on receipt of a report under sub-section (2) and after such further enquiry as he may deem fit [forward the application along with his report to the Committee] [Substituted for "pass appropriate orders on such application" by Act XVI of 2004, section 7.] within two months from the date of its receipt in his office.(4)[ The Committee shall pass appropriate orders for disposal of such land within two months from the date of receipt of application under sub-section (3) and also determine the price [***] [Sub-section (4) of section 6 substituted ibid.], to be deposited by the applicant for vesting of such State land]:[Provided that the Government may grant such rewards and incentives, and in such manner, as may be prescribed to the officers/officials showing excellent performance in administering the scheme under this Act.] [Proviso to sub-section (4) inserted ibid.][7. Appeal-Any person aggrieved of an order passed by the [Committee] [Section 7 substituted ibid, section 8.] relating to the price for vesting of free hold rights in favour of an occupant may file an appeal before the [Government] [The words "Committee" and "Government" substituted for "Administrative Department of the Government" and "Chief Minister" respectively by Act III of 2007, section 6, w.e.f. 20-11-2006.] who shall, as far as practicable, decide the same within 30 days of its filing. The decision of the [Government] [The words "Committee" and "Government" substituted for "Administrative Department of the Government" and "Chief Minister" respectively by Act III of 2007, section 6, w.e.f. 20-11-2006.] shall be final and binding.][8. Vesting of rights-(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; [x x x] [The word "and" at the end of clause (b) omitted ibid.](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] [Clause (cc) inserted ibid.](d)that, the land is not required for any public purpose.(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] [ Substituted ibid for 12-1/2 standard acres as provided under the Jammu and Kashmir'Agrarian Reforms Act, 1976.].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)[ 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.] [Sub-section (3) substituted ibid.](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 produce& receipt of the money deposited with the District Collector.(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)On receipt of a report under sub-section (5), the District Collector shall cause such land to be put to auction by the Committee.] [Section 8 substituted by Act XVI of 2004. section 9.][8-A. Restriction on land use-(1) The land use in respect of agricultural land which vests in an occupant under this Act shall not be changed after such vesting without permiSSion of the Committee or such other authority as may be prescribed.(2)Any occupant who desires to use agricultural land for any other purpose after vesting in due process of law may be accorded Such permission by the Committee, or such Other authOrity as the case may be, on payment of price as per the rates prescribed for vesting of State land for commercial use.] [Section 8-A inserted ibid, section 9.]
