Section 3 in The Jammu And Kashmir Alienation of Land Rules, 1970
3. Disposal of application under Section 5(2).
(1)(i)An application under sub-section (2) of Section 5 shall be made in Form 1 and may be presented to the Deputy Commissioner of the district in which the land proposed to be alienation is situated.(ii)The Deputy Commissioner shall ascertain the cause leading to the intended permanent alienation of land, the occupational, economic and social condition of the alienor and the alienee and whether the need of the alienee for land is genuine, the consideration settled adequate and the transaction ont he whole really advantageous to the alienor and his family and take such evidence as he deems necessary.(iii)On the basis of the enquiry made by him, the Deputy Commissioner shall make an order either granting or refusing the sanction applied for.(2)Subject to the provisions of sub-rule (1), sanction to alienation shall be granted where :-(a)The object is to provide the alienee with a site for workshop of factory, for buildings for the accomodation or welfare of persons to be employed in them, for a power installation for working an industrial plant and for the offices and out-houses required for the sme, or for any other purpose essential to the conduct of an industrial enterprises or for the health of persons engaged as labourers or otherwise; or(b)the alienor wants to clear his debts and/or to redeem his mortgaged property; or(c)the alienee is a bona fide artisan, who wants the land for personal cultivation; or(d)the alienee is a wealthy land holder, who wants to improve or consolidate his property; or(e)the alienee belongs to a tribe which because of its insignificant numbers is not included in any agricultural class but consists of good cultivators of land.(3)Sanction to alienation shall be refused where:(a)the alienee is not a permanent resident of the State as defined in section 6 of the Jammu and Kaghmir Constitution; or(b)the intention is to evade the provisions of the Act, as for instance where this transfer is benami i.e. where the nominal alienee, although a number of an agricultural class, is actually the agent of the real alienee who is not a member of an agricultural class; or(c)as a result of the proposed alienation, the holding of the alienor is likely to be reduced to a size less than what normally is required for him and his family unless the alienor has other substantial means of permanent nature besides land to fall back upon; or(d)the alienee is a money lender.
