Now any Indian citizen can buy land in Jammu and Kashmir, Centre notifies land law

New Delhi: In a significant move, the Centre on Tuesday notified new land rules governing municipal areas in Jammu and Kashmir allowing any Indian citizen to purchase non-agricultural land in the Union territory.

The ministry of home affairs in its release stated that the order will be called the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020.

With the abrogation of Article 370, the act re-constituted the former state of Jammu and Kashmir into two union territories, ‘Jammu and Kashmir’ and ‘Ladakh’.

With notification of UT of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020, twelve state laws have been repealed as a whole out of the 26 others adapted with changes and substitutes. https://t.co/JeBB5UvdbZ

— ANI (@ANI) October 27, 2020

In the third order, Ministry of Home Affairs has repealed 12 state laws as a whole and others out of 26 adapted with changes or substitutes. Laws which are repeal as a whole include The Jammu and Kashmir Alienation of Land Act, Jammu and Kashmir Big Landed Estates Abolition Act, Jammu and Kashmir Common Lands (Regulation) Act 1956, Jammu and Kashmir Consolidation of Holdings Act 1962, Jammu and Kashmir Right of Prior Purchase Act, Jammu and Kashmir Utilization of Lands Act.

In the Order, MHA stated, in exercise of the powers conferred by section 96 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), and of all other powers enabling it in that behalf, the Central Government hereby makes the following Order in respect of the Union territory of Jammu and Kashmir, namely–This Order may be called the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020.

It shall come into force with immediate effect.

The General Clauses Act, 1897 applies for the interpretation of this Order as it applies for the interpretation of laws in force in the territory of India, MHA stated.

With immediate effect, the Acts mentioned in the Schedule to this Order shall, until repealed or amended by a competent Legislature or other competent authority, have the effect, subject to the adaptations and modifications directed by the Schedule to this Order, or if it is so directed, shall stand repealed.

“Where this Order requires that in any specified section or other portion of an Act, certain words shall be substituted for certain other words, or certain words shall be omitted, such substitution or omission, as the case may be, shall, except where it is otherwise expressly provided, be made wherever the words referred to occur in that section or portion,” MHA stated.

“The provisions of this Order which adapt or modify any law so as to alter the manner in which, the authority by which or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, bye-law, rule or regulation duly made or issued, or anything duly done before the 31st day of October 2019; and any such notification, order commitment, attachment, bye-law, rule, regulation or anything may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances as if it had been made, issued or done after the commencement of this Order by the competent authority and in accordance with the provisions then applicable to such case,” MHA added.