The JAMMU AND KASHMIR MIGRANTS (STAY OF PROCEEDINGS) ACT, 1997

MIGRANTS (STAY OF
PROCEEDINGS) ACT, 1997
(Act No. XVII of 1997)
MIGRANT (STAY OF PROCEEDINGS) ACT, 1997 297
THE JAMMU AND KASHMIR MIGRANTS (STAY OF
PROCEEDINGS) ACT, 1997
(Act No. XVII of 1997)
CONTENTS
SECTION.
1. Short title, extent and commencement.
2. Definitions.
3. Stay of proceedings against Migrants.
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MIGRANT (STAY OF PROCEEDINGS) ACT, 1997 299
THE JAMMU AND KASHMIR MIGRANTS (STAY OFPROCEEDINGS) ACT, 1997
(Act No. XVII of 1997)
[Received the assent of the Governor on 30th May, 1997 and published
in Government Gazette dated 2nd June, 1997.]
An Act to provide for the stay of legal proceedings against the migrants.
Be it enacted by the Jammu and Kashmir State Legislature in the Forty-
eighth Year of the Republic of India as follows :––
1. Short title, extent and commencement. ––(1) This Act may be called
Jammu and Kashmir Migrants (Stay of Proceedings) Act, 1997.
(2) It extends to the 1[whole of the Union territory of Jammu and Kashmir].
(3) It shall come into force at once.
2. Definitions.–– In this Act unless the context otherwise requires,––
(a) “Government” means the Government of the 2[State of Jammu and
Kashmir] ;
(b) “Immovable property” shall also include tenancy rights, interest
created under any law for the time being in force ;
(c) “Migrant” means any person who has migrated from the Kashmir
Valley after 1st November, 1989 and is registered as such with the
Relief Commissioner and includes a person who has not been so
registered on the ground of his being in service of the Government
in any moving office, or having left the Valley in pursuit of his
occupation or vocation and is possessed of immovable property in
the Valley but is unable to ordinarily reside there due to the disturbed
condition ;
(d) “Proceeding” includes any suit, appeal, application, petition,
execution pending before any Court, Office, Tribunal or Forum for
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “whole of the State of Jammu and
Kashmir.
2. Now Union territory of Jammu and Kashmir.
300 MIGRANTS (STAY OF PROCEEDINGS) ACT, 1997
recovery of a loan, possession or a dispute relating to immovable
property.
3. Stay of proceedings against Migrants.–– Notwithstanding anything
to the contrary contained in any law for the time being in force, all proceedings
pending or hereinafter filed against a migrant for recovery of loan raised in the
Kashmir Division or relating to immovable property situated in the Kashmir
Division shall remain stayed from the commencement of this Act till the
Government notifies otherwise :
Provided that nothing in this section shall apply to a dispute relating to
recovery of money or immovable property inter-se migrants.
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