The JAMMU AND KASHMIR LAND GRANTS ACT, 1960

LAND GRANTS ACT, 1960
(Act No. XXXVIII of 1960)
LAND GRANTS ACT, 1960 99
THE JAMMU AND KASHMIR LAND GRANTS ACT, 1960
(Act No. XXXVIII of 1960)
CONTENTS
Section.
1. Short title, extent and commencement.
2. Application.
3. Definitions.
4. Lease of Land.
5. Dues recoverable as arrears of land revenue.
6. Government to have a right of re-entry on expiry of lease.
7. Power to enhance ground rent.
8. Management and administration of lands.
9. Power to make rules.
10. Omitted.
11. Transfer of Property Act, 1882 (4 of 1882) not to apply to Government
grants.
12. Government grants to take effect according to the tenor.
12-A. Termiation of lease.
13. Repeal and savings.
–––––––
100 LAND GRANTS ACT, 1960
LAND GRANTS ACT, 1960 101
THE JAMMU AND KASHMIR LAND GRANTS ACT, 1960
(Act No. XXXVIII of 1960)
[Received the assent of the Sadar-i-Riyasat on 14th October, 1960 and
published in Government Gazette dated 24th October, 1960.]
An Act to provide for grant of lands by 1[Government of the Union territory
of Jammu and Kashmir].
Be it enacted by the Jammu and Kashmir State Legislature in the Eleventh
Year of the Republic of India as follows :––
1. Short title, extent and commencement. ––(1) This Act shall be called
the Jammu and Kashmir Land Grants Act, 1960.
(2) It shall extend to the 2[Union territory of Jammu and Kashmir].
(3) It shall come into force at once.
3[2. Application.–– This Act shall apply to whole of the Union territory
of Jammu and Kashmir.]
3. Definitions.–– In this Act, unless the context otherwise requires, ––
(a) “building purposes” means construction of a building or buildings
for residential, commercial or industrial purposes and includes
additions to and alterations and improvements of existing buildings,
courtyards and compounds ;
(b) “land” means land which belongs to 1[Government of the Union
territory of Jammu and Kashmir] and includes buildings standing
on such land ;
(c) “prescribed” means prescribed by rules made under this Act ;
(d) “single family” includes a person or wife or her husband and
children living with and dependent on the parent ; but does not
include sons living separately with their wives and children.
1. Substituted by S.O. 3808(E) dated 26.10.2020 for “Government”.
2. Substituted ibid for “State of Jammu and Kashmir”.
3. Section 2 substituted ibid.
102 LAND GRANTS ACT, 1960
1[4. Lease of Land. ––(1) The Government shall determine the extent of
land available for building purposes and 2[may make rules for grant of land on
lease] for such purposes on such conditions including those relating to premium
and ground rent as may be prescribed.
2[x x x x]
1[(2) Notwithstanding anything to the contrary contained in any law for
the time being in force––
3[x x x x]
(ii) no person shall transfer the lease hold rights granted under sub-
section (1), in any manner whatsoever excepting in favour of a
natural inheritor and any transfer made in contravention of the said
restriction shall, ipso facto, terminate the lease and the land shall
escheat to the State along with the appurtenances thereto without
any compensation.]
4[(3) The Government may notify the competent authority or authorities
for granting lease under sub-section (1) to different categories of persons for
such purposes and in such areas as may be specified. Subject to the general
and specific direction of the Government, the competent authority so notified
shall grant the land on lease subject to the rules notified under sub-section (1)
and also subject to land use defined under the Master Plan, Zonal Plan or
Regional Plan by development authority prescribed under the Development
Act, 1970 and Land Revenue Act, Samvat 1996 as the case may be.]
5. Dues recoverable as arrears of land revenue.–– All dues payable
under this Act shall be recoverable as arrears of land revenue.
6. Government to have a right of re-entry on expiry of lease.–– 7[On the
expiry of the period of lease granted under this Act] or under the Rules for
Allotment of Building Sites in Srinagar and Gulmarg, Svt. 1962, or under the
Rules for Grant of Lands in Jammu and Kashmir for Buildings Purposes (Ailan
No. 10 dated 7th Bhadoon, 1976) or under the Rules for Grant of land at
1. Section 4 re-numbered as sub-section (1) by Act XXX of 2002, s. 2.
2. Substituted by S.O. 3808(E) dated 26.10.2020 for “may grant land on lease”.
3. Provisos omitted by Jammu and Kashmir Reorganisation Act, 2019 (Act No. 34 of
2019, Table-2.
4. Sub-section (2) inserted by Act XXX of 2002, s. 2.
5. Clause (i) omitted by Act No. 34 of 2019, Table-2.
6. Sub-section (3) inserted by S.O. 3808(E) dated 26.10.2020.
7. Substituted by Act XV of 1969.
LAND GRANTS ACT, 1960 103
Gulmarg and Pahalgam in Kashmir for Building Purposes or under any
instrument executed thereunder] or in the event of earlier determination thereof,
the 1[Government of the Union territory of Jammu and Kashmir] shall have the
right of re-entry on the land leased and the lessee shall be liable to be evicted
therefrom, and the provisions of the Jammu and Kashmir Pubic Premises
(Eviction of Unauthorized Occupants) Act, 1959, shall apply in relation to his
eviction.
7. Power to enhance ground rent.–– Notwithstanding anything contained
in the Rules for the Allotment of Building Sites in Srinagar and Gulmarg, Svt.
1962, the Rules for Grant of Lands in Jammu and Kashmir for Building Purposes
(Ailan No. 10 dated 7th Bhadun, 1976) and the Rules for grant of Land at
Gulmarg and Pahalgam in Kashmir for Building Purposes, or in any instrument
executed thereunder or in any other law for the time being in force, the
1[Government of the Union territory of Jammu and Kashmir] or such authority
as may be prescribed may, having regard to the circumstances of the leased
land and to the market value of similar lands in the neighbourhood, enhance
the ground rent in respect of a lease subsisting on the date of commencement
of this Act at the time of its renewal by an amount not exceeding one hundred
and fifty per cent of the rent fixed for the term of the lease immediately preceding
its renewal.
8. Management and administration of lands.–– The management and
administration of lands under this Act shall be vested in such authorities and
the records connected therewith shall be maintained in such form and in such
manner as may be prescribed.
9. Power to make rules. ––(1) The 1[Government of the Union territory of
Jammu and Kashmir] may make rules for the purposes of carrying out the
provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such
rules may provide for––
(a) the conditions of lease ;
(b) the authorities in which management and administration of land
shall be vested, and the powers and functions to be exercised by
such authorities ; and
(c) forms, registers and maps to be maintained under this Act.
1. Substituted by S.O. 3808 (E) dated 26.10.2020 for “Government”.
104 LAND GRANTS ACT, 1960
 1[10. X X X].
11. 2[Transfer of Property Act, 1882 (4 of 1882) not to apply to
Government grants.–– Nothing contained in the 2[Transfer of Property Act,
1882 (4 of 1882)] shall apply or be deemed ever to have applied to any grant or
other transfer of land or any interest therein heretofore made or hereafter to be
made by or on behalf of the 3[Government of the Union territory of Jammu and
Kashmir] to or in favour of any person whomsoever ; but every such grant and
transfer shall be construed and take effect as if the said Act had not been
passed.
12. Government grants to take effect according to the tenor.–– All
provisions, restrictions, conditions and limitations contained in any such grant
or transfer as are referred to in section 11 shall be valid and take effect according
to their tenor 4[subject to the provisions of sections 6 and 12-A of this Act.]
5[12-A. If any person holding land on lease granted under this Act or
under the Rules for Allotment of Building Sites in Srinagar and Gulmarg, Svt.
1962 or under the Rule for Grant of Lands in Jammu and Kashmir for Building
purposes (Ailan No. 10 dated 7th Bhadoon, 1976) or under the Rules for Grant
of Land at Gulmarg and Pahalgam in Kashmir for Building Purposes or under
any instrument thereunder, hereafter effects, or has ever effected before the
commencement of the Jammu and Kashmir Land Grants (Amendment) Act,
1969, transfer of such land or any right therein without the permission of the
3[Government of the Union territory of Jammu and Kashmir] or any authority
empowered in this behalf, the lease of such land shall determine and shall be
deemed always to have determined with effect from the date such transfer is or
has been effected.]
13. Repeal and savings.–– The Rules for the Allotment of Building Sites
in Srinagar and Gulmarg Svt. 1962, the Rules for Grant of Lands in Jammu
and Kashmir for Building Purposes (Ailan No. 10 dated 7th Bhadoon, 1976)
and the Rules for Grant of Land at Gulmarg and Pahalgam in Kashmir for
Building Purposes are hereby repealed. But nothing herein contained shall,
except as otherwise provided in this Act, affect any terms or incident of any
lease granted under any of the aforesaid Rules.
–––––––
1. Section 10 omitted by Act XXX of 2002, s. 3.
2. Substituted by S.O. 3808 (E) dated 26.10.2020 for “Transfer of Property Act, Svt.
1977”.
3. Substituted ibid for “Government”.
4. Substituted by Act XV of 1969.
5. Section 12-A inserted by ibid.
LAND GRANTS ACT, 1960 105

‹ Prev All Jammu and Kashmir acts Next ›