1[28-A. Prohibition on transfer of certain lands. ––(1) Save as otherwise
provided in this section, no person who is vested with ownership rights in
land under this Act shall transfer such land or rights therein in any manner
whatsoever to any person other than Government or its agencies and
instrumentalities :
Provided that nothing in this sub-section shall prohibit:––
(a) transfer of such land ownership whereof has been vested in a prospective owner under section 8 after the expiry of fifteen years from the date such land has been vested in the State under section 4 of the Act subject to the provisions of sections 133-H, 133-I, 133-J, 133-K and 133-L of the Jammu and Kashmir Land Revenue Act, Samvat, 1996 (Act No. XII of Samvat 1996 ;
(b) grant of lease of land under the provisions of the Jammu and Kashmir Land Revenue Act, Samvat, 1996 (Act No. XII of Samvat 1996) ;
(c) entering into Contract Farming under the provisions of Land Revenue Act, Samvat, 1996 (Act No. XII of Samvat 1996) ;
(d) transfer of land in the form of simple mortgage for securing loan for purposes of improvement of the land.
(2) Any transfer of land or rights therein made in contravention of sub-section (1) shall be null and void. The person who has contravened the provisions of subsection (1) shall after being given an opportunity of being heard, be dispossessed of such land by a Revenue Officer not below the rank of Tehsildar and the land shall vest in the State and shall be disposed of in the manner as may be prescribed.]
Provided that nothing in this sub-section shall prohibit:––
(a) transfer of such land ownership whereof has been vested in a prospective owner under section 8 after the expiry of fifteen years from the date such land has been vested in the State under section 4 of the Act subject to the provisions of sections 133-H, 133-I, 133-J, 133-K and 133-L of the Jammu and Kashmir Land Revenue Act, Samvat, 1996 (Act No. XII of Samvat 1996 ;
(b) grant of lease of land under the provisions of the Jammu and Kashmir Land Revenue Act, Samvat, 1996 (Act No. XII of Samvat 1996) ;
(c) entering into Contract Farming under the provisions of Land Revenue Act, Samvat, 1996 (Act No. XII of Samvat 1996) ;
(d) transfer of land in the form of simple mortgage for securing loan for purposes of improvement of the land.
(2) Any transfer of land or rights therein made in contravention of sub-section (1) shall be null and void. The person who has contravened the provisions of subsection (1) shall after being given an opportunity of being heard, be dispossessed of such land by a Revenue Officer not below the rank of Tehsildar and the land shall vest in the State and shall be disposed of in the manner as may be prescribed.]
1. Section 28-A substituted by S.O. 3808 (E) of 2020 dated 26.10.2020. (For earlier amendment see Act No. IV of 1989, s. 6).