Section 3 in The Jammu and Kashmir Prohibition on Conversion of Land and Alienation of Orchards Act, 1975
3. Prohibition on conversion of land and alienation of orchards.
(1)Notwithstanding anything contained in any other law for the time being in force,-(a)no person shall alienate orchard except with the previous permission of the Revenue Minister or such officer as may be authorised by him in this behalf [x x x] [The word 'and' deleted and proviso inserted by Act No. III of 1981 section 2];[provided that alienation of orchards to the extent of Four Kanals only in favour of one or more persons for residential purposes shall not need any permission.] [The word 'and' deleted and proviso inserted by Act No. III of 1981 section 2](b)no land shall be converted into an orchard except with the previous permission of the Revenue Minister or such officer as may be authorised by him in this behalf:Provided that nothing in clause (b) shall apply to-(i)Khushki land which is in personal cultivation of the owner;Explanation. - Khushki land means which has not perennial and assured means of irrigation;(ii)land irrigated by lift irrigation in personal cultivation of the owner; and(iii)the District of Ladakh.Explanation. - For purpose of this Act, alienation means sale, gift, bequest, mortage with possession or exchange but does not include exchange of such orchards as existed on the first day of September, 1971 for purposes of consolidation.(2)For removal of doubts it is hereby declared that restrictions imposed under sub-section (1) on the rights conferred by clause (1) of Article 19 of the Constitution of India as applicable to the State, shall be deemed to be reasonable restriction.
