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Section 2: Definitions.

The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997Union territory Act of Jammu and Kashmir · Act 16 of 1997

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 ;

(e) “Migrant” means any person who has migrated from [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 [left the Valley or any other part of the State], in pursuit of occupation or vocation or otherwise, and is possessed of immovable property [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.

Where this provision sits

ActThe Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997
Section2
Marginal noteDefinitions.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act XXXVII of 2002. . Substituted for “Kashmir Valley” by Act XXXVII of 2002, s. 2.
  • substituted. . Substituted for “left the Valley” ibid.
  • substituted. . Substituted for “in the Valley” ibid.

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