SERVICES

Migrant Immovable Property Act

  Due to the rise of armed insurgency in the State of Jammu and Kashmir during 1989-90,an over whelming number of Kashmiri Pandits and the Punjabi hindu families migrated to Jammu and other parts of the country leaving behind their immovable properties unattended in the Kashmir valley. In order to preserve and protect these unattended properties, the govt. of J&K issued appropriate directions to its field agencies especially the District Administration from time to time.

  However, in the absence of a specific Act or Rule in this regard, the field agencies were constrained in monitoring and taking cognizance of any offence committed in respect of these properties. It was also generally observed that Kashmiri migrants were selling out their immovable properties in the Valley through middle-men which led to the impression that these properties were being sold under compulsion and distress.

  Keeping all these circumstances in view the present popular Govt. under Dr. Farooq Abdullah, from the very moment of its taking over in 1996, envisaged to pass an Act in this regard in order to preserve these properties, safe-guard the interests of the migrant owners and also to regulate the procedure for alienation of these properties as well as to prevent the tendency of distress sale.

   Accordingly the Govt. passed the Jammu and Kashmir Migrant Immovable property (preservation, protection and Restriction on Distress Sale) Act,1997. The main features of this Act are as under:-

• a) The District Magistrate has been nominated as the custodian of these properties. He shall with in 30 days from the commencement of this Act take over the possession of immovable properties, 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.
• b) He shall also take all such steps as may be necessary for preservation and protection of such property. Consquently the inventorisation of the immovable migtant properties was under taken and completed by the Revenue Department during 1997-98.
• c) Alienation of immovable property of a migrant by an 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 the Revenue Minister or such officer as may be authorised by him in this behalf, is forbidden.
• d) The Divisional Commissioner Kashmir has been designated as the prescribed Authority for grant of permission for the alienation of migrant immovable property under Section 3 of the Act. Accordingly the migrant owners are required to apply to the Divisional Commissioner Kashmir in 'Form 1' for accord of permission after proper enquiry through the concerned Deputy Commissioners .

Definitions:

(a) "Alienation" means sale, gift, mortage with possession or exchange but shall not include gift in favour of an heir.

(b) "Competent Authority" means the District Magistrate of the area.

(c) "Immovable property" shall also include tenancy right or interest created under any law of the time being in force.

(d) "Migrant" means any person who has migrated from 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 Govt. in any moving office, or having left the Valley in pursuit of occupation or vocation or otherwise, and is possessed of immovable property in the Valley, but is unable to ordinarily reside there due to the disturbed condition.

(e) "Prescribed Authority" means the authority competent to grant permission under Section (3) of this Act. Presently the Divisional Commissioner Kashmir is the Prescribed authority.

(f) Relief Commissioner means any authority appointed as such by the Government or any other State or Central Government for purpose of registration of migrants. Presently the office of the Relief Commissioner J&K is located at Jammu.

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