Jammu & Kashmir

GoI repeals 11 more JK laws including ‘Alienation of Land’, ‘Big Landed Estates Abolition’, ‘Common Lands’ Act

Srinagar: The Ministry of Home Affairs, Government of India, on Tuesday repealed 11 more laws of the erstwhile Jammu and Kashmir.

The announcement has been made by Ministry of Home Affairs as per its order to be called the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020.

The legislations repealed as whole include the Jammu and Kashmir Alienation Of Land Act (V of Samvat 1995), the Jammu and Kashmir Big Landed Estates Abolition Act ( XVII Samvat 2007), The Jammu and Kashmir Common Lands (Regulation) Act, 1956, the Jammu and Kashmir Consolidation Of Holdings Act, 1962, the Jammu and Kashmir Flood Plain Zones (Regulation and Development) Act, the Jammu and Kashmir Land Improvement Schemes Act (Xxiv Of 1972), the Jammu and Kashmir Prevention Of Fragmentation Of Agricultural Holdings Act, the Jammu and Kashmir Prohibition On Conversion Of Land and Alienation Of Orchards Act; the Jammu and Kashmir Right Of Prior Purchase, Act [ii of svt. 1993 (1936 A.d.)], the Jammu and Kashmir Tenancy (Stay Of Ejectment Proceedings) Act (Xxxiii Of 1966), the Jammu and Kashmir Utilization Of Lands Act (Ix Of Samvat 2010) and the Jammu and Kashmir Underground Public Utilities (Acquisition Of Rights Of User In Land) Act (Iv Of 2014).

The government said the repeal or amendment of any law shall not affect the previous operation of any law so repealed or anything duly done or suffered thereunder; any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed and any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the Jammu and Kashmir Reorganisation Act, 2019 or this Order had not been passed or issued.

On August 5, 2019, the Government of India had unanimously abrogated Article 370.

The Parliament of India had in August last year adopted a resolution to abrogate Article 370, and passed a Bill to bifurcate the erstwhile State of Jammu and Kashmir into two Union Territories – Jammu and Kashmir, and Ladakh, controlled directly by the Government of India.

Article 370 granted Jammu and Kashmir autonomy, and its scrapping was done as all Kashmiri political representatives were kept under detention, communication in Kashmir was blacked out, and thousands were imprisoned.

The removal of Article 370 has made concrete the fears of demographic change in the Muslim majority region of Kashmir, as laws regarding land ownership and citizenship have been changed by the Government of India controlled administration.

Lately, Home Minister Amit Shah said that the statehood of Jammu and Kashmir would be restored as soon as the situation warrants, and asked the representatives to not believe any rumours.

On July 3, BJP’s General Secretary Ram Madhav said that party’s J&K unit is of the opinion that statehood should be given back to the erstwhile state when the time is favourable.

 

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