The JAMMU AND KASHMIR MIGRANT IMMOVABLE PROPERTY (PRESERVATION, PROTECTION AND RESTRAINT ON DISTRESS SALES) ACT, 1997

MIGRANT IMMOVABLE PROPERTY
(PRESERV ATION, PROTECTION AND
RESTRAINT ON DISTRESS SALES)
ACT, 1997
(Act No. XVI of 1997)
MIGRANT IMMOV ABLE PROPERTY (PPR) ACT, 1997 287
THE JAMMU AND KASHMIR MIGRANT IMMOVABLE
PROPERTY (PRESERVATION, PROTECTION AND
RESTRAINT ON DISTRESS SALES) ACT, 1997
(Act No. XVI of 1997)
CONTENTS
Section.
1. Short title, extent and commencement.
2. Definitions.
3. Restriction on alienation of immovable property.
4. Custody of immovable property.
5. Eviction of unauthorised occupants.
6. Implementation of the provisions of this Act.
7. Appeal.
8. Bar of jurisdiction of Civil Court.
9. Indemnity.
10. Power to issue instructions.
11. Act to override other laws.
12. Declaration of restrictions imposed to be reasonable.
13. Compensation.
14. Power to make rules.
–––––––
MIGRANT IMMOV ABLE PROPERTY (PPR) ACT, 1997 289
THE JAMMU AND KASHMIR MIGRANT IMMOV ABLE
PROPERTY (PRESERV ATION, PROTECTION AND
RESTRAINT ON DISTRESS SALES) ACT, 1997
(Act No. XVI of 1997)
[Received the assent of the Governor on 30th May, 1997 and published
in the Government Gazette dated 2nd June, 1997.]
An Act to provide for the preservation, protection and restraint on distress
sales of the immovable property of 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
the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection
and Restraint on Distress Sales) 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) “Alienation” means sale, gift, mortgage with possession or exchange
but shall not include gift in favour of an heir ;
(b) “Competent Authority” means the District Magistrate of the area
and includes such other officer of the area as the Government may
appoint for an area ;
(c) “Government” means the Government of the *[State of Jammu and
Kashmir] ;
(d) “Immovable Property” shall also include tenancy rights or interest
created under any law for the time being in force ;
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “whole of the State of Jammu and
Kashmir”.
* Now Union territory of Jammu and Kashmir.
290 MIGRANT IMMOV ABLE PROPERTY (PPR) ACT, 1997
(e) “Migrant” means any person who has migrated from 1[Kashmir
Valley or any other part of the *State] 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 2[left
the Valley or any other part of the *State], in pursuit of occupation
or vocation or otherwise, and is possessed of immovable property
3[at the place from where he has migrated] but is unable to ordinarily
reside there due to the disturbed conditions ;
(f) “prescribed” means prescribed by the rules made under this Act ;
(g) “Prescribed Authority” means the authority competent to grant
permission under section 3 ;
(h) “Relief Commissioner” means any authority appointed as such by
the Government or any other State or Central Government for
purposes of registration of the migrants ;
(i) “Unauthorized Occupant” means any person who has encroached
upon or taken possession of any immovable property of a migrant
without his written consent and authority of law.
3. Restriction on alienation of immovable property.–– Notwithstanding
anything to the contrary contained in any other law for the time being in
force––
(a) alienation of immovable property of a migrant by act of parties or a
decree or order of a court or of a revenue officer except under such
conditions as may be prescribed and with previous permission of
Revenue and Relief Minister, or such officer as may be authorised
by him in this behalf, is forbidden :
Provided that no such permission shall be necessary in case of a mortgage
without possession of such immovable property in favour of an institution
mentioned in 4[section 4-A of the Jammu and Kashmir Alienation of Land Act,
1. Substituted for “Kashmir Valley” by Act XXXVII of 2002, s. 2.
* Now Union territory of Jammu and Kashmir.
2. Substituted for “left the Valley” ibid.
3. Substituted for “in the Valley” ibid.
4. Now Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013.
MIGRANT IMMOV ABLE PROPERTY (PPR) ACT, 1997 291
Samvat 1995] and transfer of the said immovable property in favour of
Government of Jammu and Kashmir :
Provided further that the permission to alienate shall be deemed to have
been granted, if an application seeking permission for alienation of such
property is not decided by the prescribed authority within fifteen days from
the date of receipt of such application :
Provided also that the enquiry for the purposes of the grant of permission
by the prescribed authority shall be limited to the question of sale being not
distress ;
(b) any alienation of immovable property on or after the commencement
of this Act, in contravention to the provisions thereof, shall be null
and void and immovable property so alienated shall, after such
enquiry as may be prescribed, vest in its owner ; and
(c) no document purporting to alienate such immovable property in
contravention of the provisions of this section shall be admitted to
registration.
4. Custody of immovable property. ––(1) Within 30 days from the
commencement of this Act, the District Magistrate shall take over the
possession of immovable property, belonging to Migrants, falling within his
territorial jurisdiction and shall, on the expiry of said period of 30 days, be
deemed to have the custody of such immovable property.
(2) The District Magistrate shall take all such steps as may be necessary
for preservation and protection of such property :
Provided that possession of such property shall not be handed over to
one save with the express consent of the migrant in writing.
5. Eviction of unauthorised occupants.–– If any unauthorised occupant
of any migrant property refuses or fails on demand to surrender possession
thereof to the competent authority, such authority may use such force as is
necessary for taking possession of such property and may for this purpose
after giving reasonable warning and facility to any women not appearing in
public to withdraw, remove or break open any lock, bolt or any door or do any
other act necessary for the said purpose.
292 MIGRANT IMMOV ABLE PROPERTY (PPR) ACT, 1997
6. Implementation of the provisions of this Act. ––(1) The competent
authority may take or cause to be taken such steps and use or cause to be used
such force as may be, in its opinion necessary for eviction from or delivery of
possession of immovable property under this Act.
(2) At any time after the commencement of this Act, it shall be lawful for
a competent authority to enter upon any immovable property of any migrant
and make or cause to be made any survey including measurement and do any
other act which may be necessary for carrying out the purposes of this Act :
1[x x x x].
2[(The Competent authority shall prepare the details of immovable
property of migrants in such format as may be prescribed, and take appropriate
action to evict unauthorised occupant of such migrant property including
such action as provided in section 5.]
7. Appeal. ––(1) Any person aggrieved of an order passed under this
Act, may file an appeal before the Financial Commissioner, Revenue :
Provided that no such appeal shall be entertained against––
(a) an interlocutory order ;
(b) an order of eviction unless possession of the property is
surrendered to the competent authority ;
(c) an order of payment of compensation determined under this Act
unless the amount of compensation is deposited with the appellate
authority.
(2) The period of limitation for filing of an appeal under sub-section (1)
shall be fifteen days from the date of order appealed against.
8. Bar of jurisdiction of Civil Court.–– Notwithstanding anything
contained in any law for the time being in force––
(a) no civil court shall have jurisdiction to settle, decide or deal with
any question or to determine any matter arising under this Act, or
the rules made thereunder ; and
1. Proviso omitted by S.O. 1229(E) dated 31.03.2020.
2. Sub-section (3) inserted ibid.
MIGRANT IMMOV ABLE PROPERTY (PPR) ACT, 1997 293
(b) no order of any officer or authority passed under this Act or the
rules made thereunder shall be called in question in any civil court.
9. Indemnity.–– No suit or any other legal proceedings shall lie against
any officer or authority in respect of anything which is in good faith done or
intended to be done under this Act.
10. Power to issue instructions.–– The Revenue Minister may, from time
to time issue such instructions not inconsistent with this Act, or the rules
made thereunder as he may consider necessary for the purposes of implementing
the provisions of this Act or the rules made thereunder.
11. Act to override other laws.–– The provisions of this Act, the rules
made and the instructions issued thereunder shall have effect
notwithstanding anything contained in any other law or custom or usage or
in any contract, express or implied or in any instrument inconsistent with the
provisions of this Act.
12. Declaration of restrictions imposed to be reasonable.–– For the
removal of doubts, it is hereby declared that restrictions imposed by section 3
on the rights conferred by clause (1) of Article 19 of the Constitution of India,
1[as applicable to the State], shall be deemed to be reasonable restriction.
13. Compensation.–– Any person who is an unauthorised occupant or
recipient of any usufruct of any immovable property of the migrant shall pay to
the migrant such compensation for the period of unauthorised occupation and
in such manner as may be determined by the District Magistrate :
Provided that the same shall not be less than double the market rent/rate
prevalent in that area.
14. Power to make rules.–– The Government may make rules for carrying
out the purposes of this Act.
–––––––
1. Words within brackets need to be deleted.

‹ Prev All Jammu and Kashmir acts Next ›