SERVICES

continued..

SRO 364

In exercise of the powers conferred by section 14 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection, and Restraint on Distress Sales) Act. 1997, the Government hereby makes the following rules namely:

1. Short title and Commencement:

(1) These rules may be called the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sale) Rules, 1997.

(2) They shall come into force from the date of publication in the Government Gazette.

2. Definitions:

(1) In these rules, unless the context otherwise requires:

• (a) "ACT" means the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.
• (b) "Distress Sale" means sale of Immovable Property owned by a migrant at a price lesser than the prevalent market rate in the locality under compelling circumstances.
• (c) "Form" means a form appended to these rules.

(2) All other words and expressions use in these rules but not defined shall have the same meaning as assigned to them in the act.

3. Application for grant of permission to alienate property:

An application for grant of permission by a migrant to alienate immovable property under sub-clause (a) of section 3 of the Act shall be submitted to prescribed Authority in form-I accompanied by the following documents :-

• (a) An affidavit disclosing thereunder that the property is exclusively owned by him/her and or any other co-sharer (his/her name and full particulars shall be given)
• (b) Details of such property from the Deputy Commissioner/District Megistrate concerned alongwith a 'No Objection Certificate'

4. Preliminary enquiry of an application

• (1) The application if found complete in all respects shall be entered in the Register to be maintained in Form-2 and a formal receipt shall be given in Form-3 in the office of the prescribed Authority. The application shall be deemed to have been presented on the date on which it is entered in the Register and the time limit of fifteen days shall be continued from this date.
  
• (2) Upon enquiry the prescribed Authority if it is found that the proposed sale of the property is distress sale, the application shall be rejected; and
  
• (3) If the application is not rejected under sub-rule (2) above and is found to have been made in accordance with the provisions of these rule, further proceedings shall be taken by the prescribed Authority.

5. Grant of Permission to the Alienation of the property:-

   The prescribed authority, after taking into consideration all the facts mentioned in the application and reports made in this behalf as also after making such enquiry as it considers necessary, may grant permission in Form-3 subject to the following conditions namely:-

• (a) That the alienation shall be in favour of permanent resident of the State.
  
• (b) That the property subject matter of alienation, is owned by the intending alienor free from all encumbrances.
  
• (c) The prevalent market rate in respect of the property to be alienated will be determined by a revenue Officer not below the rank of an Assistant Commissioner in consultation with Executive Engineer of the Public works Department having jurisdiction in the area and;

PROCEDURE ]

The following documents are required to be annexed with the case. }

• 1. Prescribed application forms in original duly filled in by the Alienor (s) with his/their attested signatures/photographs. The form should be also endorsed by the Divisional Commissioner, Kashmir's office to the concerned Deputy Commissioner.
  
• 2. Original affidavit of the Alienor/s with revenue stamp of Rs 6/- to be affixed over it.
  
• 3. Attested copy of Power of Attorney on behalf of the Aleinor/s.
  
• 4. Revenue extracts Viz. Khasra Gridawari and copy of Jamabandi Araazi (Latest) duly attested by the Tehsildar concerned.
  
• 5. Copy of mutation/allotment order/Loan liquidation certificate, if any for confirmation of the titles.
  
• 6. Valuation of the land by the Revenue Agency.
  
• 7. The valuation of the property should corroborate with the rates fed into computer available in this office for the area/location in the instant alienation case proposed by the Deputy Commissioner cencerned.
  
• 8. Original Valuation of the structure from the PWD (R&B) wing.
  
• 9. Specific NOC from the District Magistrate to the alienation of the property.
  
• 10. Attested copy of the PRC of the Buyer(s).
  
• 11. The covering letter addressed to this office should also contain the name(s) of the Buyer(s) with parentage and proper residential address.
  
• 12. Tetima Shajra/Khaka Dasti.
  
• 13. Remarks if any.

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