The Central Government notified the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020, making it possible for people outside Jammu and Kashmir to buy land in the State. This implies that there will be no more prohibition on transfer of land in Jammu and Kashmir to people outside state.
Section 4 of the J&K Alienation of Land Act had stated “Transfer of land in favour of any person who is not a State Subject, is prohibited”. This entire Act stands repealed now.
Further, the order notified by the Ministry of Home Affairs has amended the J&K Land Revenue Act, 1996 to introduce restrictions on the transfer of agricultural land to a non-agriculturist and conversion of agricultural land for non-agricultural purposes. Amendments have been made to the J&K Land Reforms Act as well.
The MHA has also removed ‘permanent resident of the state’ criteria in definitions of “economically weaker section” and “low income group” in Jammu and Kashmir Development Act, 1970.
The MHA’s order amends the Jammu and Kashmir Civil Services Decentralization and Recruitment Act 2010 to include ‘spouse’ of a domicile under the definition of “domicile”.
The order repeals as a whole some of the laws including Jammu and Kashmir Big Landed Estates Abolition Act ( XVII Samvat 2007) , Jammu and Kashmir Common Lands (Regulation) Act, 1956 etc. which contains similar prohibitions. Section 96 of the Jammu and Kashmir Reorganization Act 2019 empowers the MHA to amend and repeal laws of UT of J&K. The Centre also extended 100% domicile reservation in all government posts.
Read order here: