(1) This Act may be called the Jammu and Kashmir Land Revenue Act, 1996.
From the date when this Act comes into force, (a) the Jammu and Kashmir Land Revenue Regulation, 1980, shall be repealed, and (b) all rules and orders previously issued regarding matters dealt with in this Act so far as they may be repugnant to it, shall be considered to be repealed :
In this Act, unless there is something repugnant in the subject or context,—
(1) Except so far as may be necessary for the record, recovery and administration of village cesses, nothing in this Act applies to land which is occupied as the site of a town or village and is not assessed to land revenue.
The Government may, by notification, vary the limits of the Tehsils, Districts and Provinces into which the territories administered by it are divided, and may, by notification, alter the number of those Tehsils, Districts and Provinces.
1[5A. Board of Revenue. ––(1) There shall be a Board of Revenue for the Union territory of Jammu and Kashmir, consisting of following members, namely:––
(1) The Board shall––
1[6. Classes of Revenue Officers.––(1) There shall be the following classes of Revenue officers namely: —
1[6A. Combination of offices.–– It shall be lawful for the Government or the authority competent, as the case may be, to appoint one and the same person, being otherwise competent according to law for any two or more of the offices or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as it may deem expedient.]
17. Omitted.
(1) The general superintendence and control over all Revenue offices shall be vested with the 1[Board].
1[9. Power to distribute business.––(1) 2[The Board, the Financial Commissioner], the 3[Divisional Commissioner] or the Collector may by order in writing distribute in such manner as he thinks fit any business cognizable by any Revenue Officer under his control.
The Financial Commissioner or a 1[Divisional Commissioner] or a Collector may withdraw any case pending before any Revenue officer under his control and either dispose of it himself, or by written order refer it for disposal to any other Revenue Officer under his control].
1[10-A. Exercise of powers by Revenue officers.––An order under section 9 or section 10 shall not empower any officer to exercise any powers or deal with any business which he would not be competent to exercise or deal with within the local limits of his own jurisdiction.]
1[11. Appeals.––Save as otherwise provided by this Act, an appeal shall lie from an original or appellate order of a Revenue officer as follows, namely: —
(1) 1[Save as otherwise provided in this Act] the period of limitation for an appeal under the last foregoing section shall he as follows: —
113. Review by Revenue Officers.––(1) A Revenue Officer may, either of his own motion or on the application of any party interested, review and on so reviewing modify, reverse or confirm, any order passed by himself or any of his predecessors in office :
114. Omitted.
1[15. Power to revise orders.––(1) The 2[Financial Commissioner] may at any time call for the record of any case pending before or disposed of by any Revenue Officer under 3[his control].
(1) A Revenue officer may summon any person whose attendance he considers necessary for the purpose of any business before him as a Revenue officer.
(1) A summons issued by a Revenue officer shall, if practicable, be served (a) personally on the person to whom it is addressed, or failing him, (b) on his recognised agent, or (c) on an adult male member of his family usually residing with him.
A notice, order or proclamation or copy of any such document issued by a Revenue officer for service on any person shall be served in the manner provided in the last forgoing section for the service of a summons.
When a proclamation relating to any land is issued by a Revenue officer, it shall in addition to any other mode of publication which may be prescribed in any provision of this Act, be made by beet of drum, or other customary method and by the posting of a copy thereof on a conspicuous place in or near the land to which it relates.
Appearances before a Revenue officer and applications to and acts to be done before him under this Act, may he made or done—
A Revenue officer may for exercising his powers under this Act sit at any place within the local limits of his jurisdiction.
Any proceeding of a Revenue officer held on a day declared to be a holiday shall not be invalid by reason only of the fact that it was held on such day.
When a Revenue officer of any class who has been invested under the foregoing provisions of this Act with any powers to be exercised in any local area is transferred from that local area to another as a Revenue officer of the same or a higher class, he shall continue to exercise those powers in that other local area unless the Government otherwise directs.
1[19-A. Power to refer for enquiry and report.–– A Revenue officer may refer a case which he is empowered to dispose of under this Act to another Revenue officer subordinate to him for enquiry and report, and may decide the case upon such enquiry and report.]
1[CHAPTER III REPEALED]
(1) Save as otherwise provided by this Chapter, there shall he a record-of-rights for each estate.
(1) Where it appears to the Government that a records-of-rights for an estate does not exist or that the existing records-of rights for an estate requires revision, it may by a notification direct that a records-of-rights be made or that the record-of-rights be revised, as the case may be.
1[22-A. Preparation of Pass Book. ––(1) The Deputy Commissioner of the District shall cause to be prepared a Pass Book for every land holder in his District containing record of rights, agriculture holding, transfer of rights, ration cards, subsidies, liabilities etc. in revenue estate to enable the land holder make its use for credit facilities and for other matters connected therewith or incidental thereto.
The competent authority shall make every entry in the Pass Book personally from the revenue records of the village. The competent authority shall be responsible for the correctness of every entry made by him in the Pass Book. All entries relating to the revenue record shall be made in accordance with the relevant revenue records.
The Competent Authority shall make the necessary changes in the record of rights of the holding in time and keep it posted up to date.
(1) The land holder shall produce his Pass Book before the competent authority at least every six months to get the changes in the record of rights effected in his copy by the competent authority unless the land holder desires to have such changes being posted earlier. The competent authority shall acknowledge the receipt of such Pass Book in writing to the land holder.
(1)The Banks and the financial institutions shall make necessary entries in the relevant columns of the Pass Book regarding the financial assistance or loan given to the land holder and the charge or mortgage created in the relevant columns of the Pass Book in respect of the land.
(1) No person shall make any change, alter or delete any entry in the Pass Book other than the person who is authorised to make any entry or change in the Pass Book.
(1) Where the land holder applies with an affidavit to the Deputy Commissioner, to the effect that the Pass Book issued to him has been lost or destroyed, the Deputy Commissioner shall after due verification direct for issuance of a fresh Pass Book on payment of such fees and cost as may be determined by the Government from time to time.
Whereas the Pass Book is issued in the name of occupant whose name appears first amongst the joint holders of the land and if any joint holder applies for the copy of the Pass Book, after due verification, the Deputy Commissioner, shall direct the competent authority to issue copy of the Pass Book on payment of such fees and costs as may be determined by the Government from time to time.
(1) Once the Pass Book is issued to the land holder it shall not be necessary to issue a new Pass Book to a person who becomes a holder by succession. If there are more than one successors, fresh Pass Book shall be issued to each successor.
(1) The Collector shall cause to be prepared by the patwari of each estate annually or at such other intervals as the 1[Financial Commissioner with the previous sanction of the Government] may prescribe, an edition of the record-of-rights amended in accordance with the provisions of this Chapter.
1[23-A. Consolidation of Land and prevention of fragmentation of land holdings. ––(i) The Board may notify a scheme of consolidation of land holding to be undertaken during the preparation of Record-of-Rights or otherwise for rearrangement of land holdings in a unit amongst several land owners in such a way as to make their respective holdings more compact.
(1) Any person acquiring, by inheritance, purchase, mortgage, gift or otherwise any right in an estate as a land-holder, 1[an occupant,] shall report such acquisition to the patwari of the estate.
The acquisition of any interest in land other than a right referred to in sub-section (1) of the last foregoing section shall —
(1) If during the making, revision or preparation of any record or in the course of any inquiry under this Chapter, a dispute arises as to any matter of which an entry is to be made in a record or in a register of mutations, a Revenue Officer may of his own motion, or on the application of any party interested but subject to the provisions of the next following section, and after such inquiry as he thinks fit including such summary enquiry into title as may be necessary, determine the entry to be made as to that matter :
Entries in records of-rights or in annual records, except entries made in annual records by patwaries under clause (a) of section 25 with respect to undisputed acquisitions of interests referred to in that section, shall not be varied in subsequent records otherwise than by––
(1) The Government may fix a scale of fees for making all or any classes of entries in any record or register under this Chapter and for grant of copies of any such entries.
Any person neglecting to make the report required by section 24 within three months from the date of his acquisition of a right referred to in that section shall be liable by order of an Assistant Collector of the 1st class, to a fine not exceeding five times the amount of the fee, which would have been payable according to the scale fixed under the last foregoing section if the acquisition of the right had been reported immediately after its accrual.
Any person whose rights, interests, or liabilities are required to be entered in any record under this Chapter shall be bound to furnish, on the requisition of any Revenue Officer or village officer engaged in compiling the record, all information necessary for the correct compilation thereof.
Any entries made in record-of-rights in accordance with the law for the time being in force or in an annual record in accordance with provisions of this Chapter and the rules thereunder, shall be presumed to be true until the contrary is proved.
(1) If any person considers himself aggrieved by an entry in a record of-rights 1[he may institute a suit before the Collector 2(Deputy Commissioner or Additional Deputy Commissioner) for the correction of the record, and for possession of the right claimed if he is not in possession thereof, within one year 3[x x x x] from the date of publication of the record of the distribution of the assessment under section 49, sub-section (1).
The Government may make rules —
(1) The 1[Financial Commissioner] may direct that a record-of-rights be made for any group of neighbouring estates instead of separately for each of the estates.
1[35. Right of the Government in mines and minerals.–– The rights to mines, minerals, minor minerals and quarries shall vest in the Government and the Government shall have all powers necessary for the proper enjoyment of such rights.
1[35-A. Trees on Khalsa land. ––(1) No person shall fell any tree standing on Khalsa (Government) land or cut branches thereof, or remove, sell or convert the wood or timber of any such tree to his own use otherwise than in accordance with the rules made by the Government or any officer empowered by the Government in that behalf.
All trees of the following descriptions, namely:—
(1) All trees of the following descriptions, namely :—
A person proved to the satisfaction of an Assistant Collector not below the rank of a Tehsildar to have done any act 1[prohibited by section 35-A, 36 or 37] shall be liable to a fine which may extend to 2[rupees five hundred and the wood of the trees so felled from 3[Union territory of Jammu and Kashmir] or private land shall be confiscated] and also be liable to make good to the 3[Union territory of Jammu and Kashmir] any loss or damage caused by such act :
When in any record-of-rights it is not expressly provided that any forest, unclaimed, unoccupied, deserted or waste land, spontaneous product or other accessory interest in land belongs to the land holders it shall be presumed to belong to the 1[Union territory of Jammu and Kashmir].
(1) Whenever in the exercise of any right of the Government referred to in section 35, the rights of any person are infringed by the occupation or disturbance of the surface of any land, the Government shall pay, or cause to be paid to that person compensation for the infringement.
1[X X X].
1[X X X].
1[X X X].
1[X X X].
1[X X X].
1[X X X].
1[X X X].
1[X X X]
1[X X X]
1[X X X]
1[X X X]
1[X X X]
1[X X X]
When in the opinion of a Settlement Officer or any Assistant Collector of the first class empowered in this behalf by a general or special order of the Government, the waste land included in or adjoining an estate is so extensive as to exceed the reasonable requirements of the land holders of the estate with reference to past usage or extension of cultivation or otherwise, the Settlement Officer or such Assistant Collector may at any time cause the excess area to be demarcated as a State forest in accordance with the Forest Demarcation Rules in force, at the time, on such conditions, as to payment of compensation or otherwise, as the Government may direct :
1[X X X]
1[X X X]
1[X X X]
1[X X X]
1[57. Rules to regulate collection of certain arrears through revenue officers.––(1) The Government may make rules to regulate the collection of the sums realizable under any law for the time being in force through revenue officers.
1[X X X]
1[X X X]
(1) 1[Where a sum recoverable as an arrear of land revenue under any law for the time being in force] or a sum recoverable as an arrear of land revenue is payable by a person residing or having property in a district other than that in which the arrear accrued or the sum is payable, the 2[Collector] of the District in which the arrear accrued or the sum is payable, may send to the 2[Collector] of that other district a certificate stating—
Subject to the other provisions of this Act 1[any sum recoverable as an arrear of land revenue under any law for the time being in force] may he recovered by any one or more of the following processes, namely:—
A writ of demand may be issued by a Revenue Officer on or after the day following that on which 1[any sum recoverable as an arrear of land revenue] accrues.
(1) At any time after an arrear of land revenue has accrued a Revenue Officer not below the rank of Tehsildar may issue a warrant directing 1[any public servant] to arrest the defaulter and bring him before the Revenue Officer.
(1) At any time after 1[any sum has become recoverable as an arrear of land revenue] the movable property and uncut or un-gathered crops of the defaulter may be distrained and sold by order of a Revenue Officer, not below the rank of 2[Tehsildar].
1[X X X].
1[X X X].
1[X X X].
1[X X X].
1[X X X].
1[X X X].
(1) If the arrear cannot be recovered by any of the processes hereinbefore provided, or if the 1[Divisional Commissioner] considers the enforcement of any of these processes to be inexpedient, the Collector may, where the defaulter owns any 2[x x x] estate or holding or any 2[x x x] immovable property, proceed under the provisions of this Act against that property as if it were the land in respect of which the arrear is due :
(1) 1[Notwithstanding anything in section 59,] when proceedings are taken under this Act for the recovery of an arrear, the person against whom the proceedings are taken may, if he denies his liability for the arrear or any part thereof and pays the same under protest made in writing at the time of payment and signed by him or his agent, institute a suit in a Civil Court for the recovery of the amount so paid.
(1) On the receipt of the sanction of the 1[Divisional Commissioner] to the sale of any immovable property the Collector shall issue proclamation of the intended sale, specifying—
A Revenue Officer shall not be answerable for any error misstatement or omission in any proclamation under the last foregoing section, unless the same has been committed or made dishonestly.
(1) A copy of the proclamation shall be served on the defaulter and be posted in a conspicuous part of the office of the Tehsildar of the tehsil in which the property to be sold is situate.
(1)The sale shall not take place on a Sunday or other holiday, or till after the expiration of at least thirty days from the date on which the copy of the proclamation was pasted in the office of the Collector.
The Collector or such Revenue Officer may from time to time postpone the sale; provided that, if the sale is postponed for more than 7 days a fresh proclamation shall be issued as prescribed for the original sale.
If at any time before the bidding at the auction is completed the defaulter pays the arrear in respect of which the property has been proclaimed for sale, together with the cost incurred for the recovery thereof, to the officer conducting the sale, or proves to the satisfaction of that officer that he has already paid the same 1[either at the place and in the manner prescribed under section 56 or] into the Government treasury, the sale shall be stayed.
When the highest bid at the auction has been ascertained, the person who made that bid shall on the requisition of the officer conducting the sale, pay to that officer a deposit of twenty-five per centum on the amount of his bid, and shall, on payment thereof, be declared to be the purchaser.
If the person who made the highest bid fails to pay the deposit as required by the last foregoing section the property shall forthwith be put up again and sold, and all expenses attending the first sale, and the deficiency of price, if any, which may happen on the re-sale, may be recovered from him by the Collector as if the same were an arrear of land revenue.
The full amount of the purchase money shall be paid by the purchaser before the close of the fifteenth day from that on which the purchaser was declared.
In default of payment of the full amount of the purchase money within the period mentioned in the last foregoing section, the deposit referred to in section 79 shall after defraying the expenses of the sale, be forfeited to the Government and may, if the Collector so directs, be applied in reduction of the arrear, and the property shall be re-sold and the defaulting purchaser shall have no claim to the property or to any part of the sum for which it may subsequently be sold.
Every sale of immovable property under this Chapter shall be reported by the Collector to the 1[Divisional Commissioner.]
(1) At any time within 60 days from the date of the sale, application may be made to the 1[Divisional Commissioner,] to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it.
(1) After the expiration of 60 days from the date of the sale, if such application as is mentioned in the last foregoing section has not been made, or if such application has been made and rejected, the 1[Divisional Commissioner] shall make an order confirming the sale, and if such application has been made and allowed, the 1[Divisional Commissioner] shall make an order setting aside the sale.
Whenever the sale of any property is set aside, the purchaser shall be entitled to receive back his purchase money.
A re-sale consequent on a purchaser’s default under section 82 or on the setting aside of a sale under section 85 shall be made after the issue of a fresh proclamation in the manner hereinbefore prescribed for the sale.
(1) After a sale has been confirmed in the manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the property sold and shall grant him a certificate to the effect that he has purchased that property.
(1) When a sale of immovable property under this Chapter has been confirmed, the proceeds of the sale shall be applied in the first place to the payment of any arrear including costs incurred for recovery thereof, due to the Government from the defaulter at the date of confirmation of the sale 1[x x x] and the surplus, if any, shall be paid to the person whose property has been sold, or, if the property sold was owned by more than one person then to the owners, either collectively, or according to the amount of their recorded interests, as the Collector thinks fit.
An officer whose duty it is under any law or rule having the force of law to realize a sum of money and the same is lawfully recoverable as an arrear of land revenue may request an Assistant Collector of the first class under whose jurisdiction the person from whom it is recoverable resides or holds any property to realize the same as arrear of land revenue. With such request such officer shall forward to the Assistant Collector a certificate showing the correct amount due up to the date of such certificate :
In addition to any sums recoverable as arrears of land revenue under this Act or any other enactment for the time being in force, the following sums may be so recovered, namely:—
The provisions of Chapter VII shall, with respect to any sum mentioned or referred to in this Chapter, apply, so far as they can be made applicable, as if the sum were an arrear of land revenue and the person from whom, either as principal or as surety, it is due, were a defaulter in respect of such an arrear.
When a village officer required by rules under section 20 to collect any 1[x x x] sum recoverable as an arrear of land revenue satisfies a Revenue officer that the 2[x x x] sum has fallen due and has not been paid to him, the Revenue officer may, subject to any rules which the Government may make in this behalf recover it as if it were an arrear of land revenue.
(1) The Government may make rules as to the manner in which the boundaries of all or any estate in any local area are to be demarcated and as to the survey-marks to be created within those estates.
(1) A Revenue Officer may, for the purpose of framing any record or making assessment under this Act or on the application of any person interested, define the limits of any estate, or of any holding, tenancy, field or other portion of an estate, and may, for the purpose of indicating those limits, require survey-marks to be erected or repaired.
(1) In any proceeding under section 94 if it appears to the Revenue Officer that any of the parties to the proceedings has, within a period of six months preceding the date of his order illegally encroached upon any land adjacent to the boundary defined, and previously in the lawful possession of any of the other parties to the proceeding, he may by his order direct that the party dispossessed be placed in possession of such land :
Subject to any rules which the Government may make in this behalf, survey-marks shall be erected and kept in repair by or at the cost of the persons interested in the land, for the indication of the limits of which they are required :
(1) If the persons interested in the land fail to erect or repair a survey-mark within thirty days from the date of their being required to do so by a Revenue Officer, the latter may cause it to be erected or repaired.
Any Revenue Officer and person acting under the orders of a Revenue Officer, may, in the discharge of any duty under this Act, enter upon and survey land and erect survey-marks thereon and demarcate the boundaries thereof, and do all other acts necessary for the proper performance of that duty.
When any land is being surveyed in pursuance of rules framed under section 33 (c), any Revenue Officer directing the survey may, by notice or proclamation, require all persons having rights or interests in the land to indicate, within a specified time, by temporary marks of a kind to be described in the notice or proclamation, the limits to those rights or interests.
(1) For the purpose of the survey of any land in pursuance of rules framed under section 33, clause (i), the land-holders shall be bound to provide fit persons to act as flag-holders and chainmen.
(1) If it is necessary to make a survey by other agency than that of Revenue Officers or village officers the Government may publish a notification stating—
(1) If any person wilfully destroys or injuries, or without lawful authority removes a survey-mark lawfully erected, he may be ordered by a Revenue Officer not below the rank of a Tehsildar to pay such fine not exceeding fifty rupees for each mark so destroyed, injured or removed as may, in the opinion of the said officer, be necessary to defray the expense of restoring the same and of rewarding the person, if any, who gave information of the destruction, injury or removal.
Every village officer of an estate shall be legally bound to furnish a Revenue Officer with information respecting the destruction or removal of, or any injury done to, any survey-mark lawfully erected in the estate.
(1) A partition of land either under this Chapter or otherwise, shall not, without the express consent of the 1[Divisional Commissioner,] affect the joint liability of the land or of the land-holders thereof, for the revenue payable in respect of the land in estates wherein under section 54 of this Act such joint liability exists, or operate to create a new estate, and if any conditions are attached to that consent, those conditions shall be binding on the parties to the partition.
1[105. Application for partition.––Any joint holder of land 2[x x x x] or any mortgagee with possession of the share of such holder or tenant, may apply to a Revenue Officer for partition of his share in the land or tenancy, as the case may be, if––
Notwithstanding anything in the last foregoing section––
The 1[Revenue officer] shall, if the application is in order and not open to objection on the face of it, fix a day for the hearing thereof, and––
On the day fixed for the hearing, or any day to which the hearing may be adjourned, the 1[Revenue officer] shall ascertain whether any of the other co-sharers desire the partition of their shares also, and, if any of them so desire, he shall add them as applicants for partition.
After examining such of the co-sharers and other persons as may be present on that day, the Revenue officer may, if he is of opinion that there is good and sufficient cause why partition should be absolutely disallowed refuse the application, recording the grounds of his refusal.
If it is alleged by any of the co-sharers that the land or the tenancy has already been divided by a partition made privately, the Revenue officer, notwithstanding anything to the contrary in section 32 of this Act, shall proceed as though the objection was an application under section 118 of this Act, and if he finds that private partition has in fact been made, may pass orders affirming it, and refusing the application made under section 105 of this Act.
If the 1[Revenue officer] does not refuse the application under the two last foregoing sections, he shall ascertain the questions, if any, in dispute between any of the persons interested distinguishing between––
(1) If any objection is made by a recorded co-sharer involving a question of proprietary title which has not been already determined by a Court of competent jurisdiction, the 1[Revenue officer] may either––
All decrees passed under sub-section (3) of the preceding section shall be held to be decrees of a Court of civil jurisdiction of the first instance and notwithstanding anything contained in section 11 shall be open to appeal to the District Judge or High Court, as the case may be, under the rules applicable to appeals to those Courts.
The Appellate Court may issue a precept to the 1[Revenue officer] directing him to stay the partition pending the decision of the appeal, whether the appeal is pending from a Civil Court under section 111-A (1) (b) or from the Court of the 1[Revenue officer] under section 111-A (3).
(1) When there is a question as to the mode of making a partition the 1[Revenue officer] shall, after such enquiry as he deems necessary, record an order stating his decision on the question and his reasons for the decision.
When any such property as is referred to in section 106, clause (2), is excluded from partition, the Revenue officer may determine the extent and manner to and in which the co-sharers and other persons interested therein may make use thereof, and the proportion in which expenditure incurred thereon and profits derived therefrom, respectively, are to be borne by and divided among those persons or any of them.
(1) The amount of revenue to be paid in respect of each of the holdings into which land has been divided on a partition, and the amount of rent to be paid in respect of each of the portions into which a tenancy has been so divided, shall be determined by the 1[Revenue officer] making the partition.
When a partition is completed the Revenue officer shall cause an instrument of partition to be prepared, and the date on which the partition is to take effect to be recorded therein.
When the order of partition has become final the officer making the partition shall put the parties entitled to separate possession into possession of such properties.
(1) In any case in which a partition has been made without the intervention of a Revenue officer any party thereto may apply to an Assistant Collector of the first class for an order affirming the partition.
1[118-A. Partition of Shamilat lands.–– Nothing contained in sections 110, 111, 111-A, 112, 112-A, 113, 116, 117 or 118 shall apply to such lands as are recorded as Shamilat under Chapter IV of this Act.
If the Revenue officer does not refuse the application for partition of Shamilat land under section 109 or he is satisfied by a reference to the revenue record that the existing possession on lands recorded as Shamilat is not according to the shares of the co-sharing proprietors, he shall proceed to ascertain the individual shares of all the co-sharers and after deciding any question of title under the provisions of the next following section, make an order determining the mode of partition and specifying the area allotted to each one of such co-sharers.
(1) If during the course of proceedings taken under the foregoing section an objection is raised by a co-sharer involving a question of title, the Revenue officer shall, after such summary enquiry as may be necessary, record his decision thereon giving his reasons for such decision.
(1) When partition proceedings in respect of land recorded as Shamilat are completed, the Revenue officer shall put each of the co-sharers into separate possession of the lands to which he is entitled under the partition.
(1) In determining the mode of partition under section 118-B, where a co-sharer in Shamilat is found to hold Shamilat land in excess of the share to which he is entitled and upon such lands improvements of any kind have been made, he shall be given an option of exchanging an area equal to that found in excess from out of his basic holding or Shamilat for distribution amongst those who are found to hold Shamilat land less than their due shares.
The Government may make rules––
1[119-A. Proceedings.––Proceedings under this Chapter shall be taken by a Revenue officer not below the rank of an Assistant Collector of the first class 2[ x x x].
Notwithstanding anything contained in any other law, the Government may through a notification in the Official Gazette, formulate procedures and conditions for leasing in or leasing out of agricultural land for agriculture and allied activities, consistent with the provisions of this Act.
(1) Except the “Local Area” as defined under the Development Act, 1970, including the areas falling under the Development Authorities constituted under the said Act, the Board shall be the development authority for all land and shall be responsible for preparation of Regional Plan or Plans, as the case may be.
Notwithstanding anything contained in this Act or the rules made thereunder whoever commits any of the offence specified in column (2) of the Table below, shall on conviction by a Judicial Magistrate of first class for each of such offence be punishable with the sentence indicated in column (3) of the said Table, namely:––
Nothing in this Act shall prevent any person from being prosecuted and punished under any other law for the time being in force for any act or omission made punishable by or under this Act :
Where an offence under this Act is committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
The Board shall be competent for upward revision of the fines provided under this Act from time to time.]
The law as to arbitration as contained in 1[Schedule II of the Civil Procedure Code], shall apply to arbitration in matters arising under this Act.
If, in the course of the record-of-rights or of revision of the record-of-rights in any local area in pursuance of notification issued under section 22, any question of title arises it will be decided summarily 1[by the Collector of the first class whose decision, subject to such orders as may be passed in appeal by the Divisional Commissioner shall be binding] on the parties till it is set aside by a decree of the Civil Court.
In either of the following cases, namely :––
(1) The Tehsildar receiving the deposit under the foregoing section shall give a notice of the deposit to every person who he has reason to believe claims or is entitled to the deposit and may pay the amount, to any person or persons appearing to him to be entitled to the same. In case he is unable to decide who should receive the amount, he shall record his reasons therefor and may retain the deposit pending the decision of a Civil Court.
Orders issued by any Civil or Criminal Court for the attachment, sale or delivery of any land or interest in land or for the attachment or sale of the produce of any land shall be addressed to the Collector and shall be executed by him or any officer appointed by him in accordance with the provisions of the law applicable to the Court issuing the orders and with any rules consistent therewith, made by the Government in consultation with the High Court.
(1) Notwithstanding anything in any other enactment for the time being in force, an order issued by any Court for the attachment of assigned land revenue shall require the person by whom the revenue is payable to pay it to the Tehsildar and the Tehsildar to hold it subject to the further orders of the Court.
(1) The attachment of the produce of any land in pursuance of an order of any Court or other authority shall not prevent the person to whom the produce belongs from reaping, gathering or storing it, or doing any other act necessary for its preservation. (2) The attaching officer shall do or cause to be done all acts necessary for the preservation of the produce if the person to whom it belongs fails to do so.
In either of the following cases, namely: ––
(1) No village cess which is not sanctioned by the Government and the levy of which has not been established by judicial decision shall be levied in any estate by any landlord over and above the rent payable by 1[an occupant].
1129. Omitted.
1130. Omitted
1131. Omitted.
(1) If a person required by a summons, notice, order or proclamation proceeding from a Revenue officer under the provisions of this Act to attend at a certain time at any place within the limits of his jurisdiction fails to comply with the requisition without a reasonable excuse, he shall be liable at the discretion of the Revenue officer to a fine which may extend to 1[rupees fifty thousand] but shall not be less than 1[rupees five thousand] in any case.
(1) When land which has been reserved for the common purposes of the co-sharers therein has been encroached on by any co-sharer, a Revenue officer not below the rank of an Assistant Collector of the first class or the officer in-charge of the Settlement or an Assistant Collector of the first class subordinate to him may, on the application of any other co-sharer, eject the encroaching co-sharer from the land, and, by order duly proclaimed, forbid repetition of the encroachment.
1[133-A. Restriction on conversion of agricultural land and process for permission of non-agriculture (NA) use. ––(1) Subject to the procedure notified in sub-section (4), no land used for agriculture purposes shall be used for any non-agricultural purposes except with the permission of the District Collector:
1[133-B. No person shall––
1[133-BB. Restriction on use of grazing land, etc. and prohibition on transfer. ––(1) The land which is in the form of grazing land, arak, kap or kahi-krisham or which grows fuel or fodder and belongs to such class as is notified by the Government shall not be used for any other purpose except with the permission of the District Collector who shall accord permission only in accordance to the regulations notified by the Board :
1[133-C. Land converted in violation to escheat to Government. ––(1) Any land converted for other purposes in violation of the provisions of section133-A or section133-B or 133-BB shall escheat to the Government.
Without prejudice to the provisions of section 133-C, the person found under that section to have contravened the provisions of section 133-A or section 133-B, shall be punishable by the Collector or any officer not below the rank of an Assistant Collector of the first class as may be authorised by him with fine which may extend to 1[twenty-five thousand rupees] and till such time such contravention is removed he shall be punished further with a fine of 1[five thousand rupees] for each day.
1133-E. Omitted.
(1) Any person aggrieved by an order made under section 133-C or section 133-D, may prefer an appeal to the Divisional Commissioner within a period of thirty days from the date the order is passed.
Notwithstanding anything contained in any other law for the time being in force, nothing done or purporting to have been done by the Collector, or the officer authorised by him in this behalf, under sections 133-A, 133-B, 133-C and 133-D or by the Divisional Commissioner under section 133-F, shall be called in question in any Court and no Court shall entertain any suit or proceeding or grant any injunction with respect to any action or thing or any matter for which a proceeding has been taken under the said provisions.]
1[133-H. Transfer of land to non-agriculturist barred. ––(1) Save as provided in this Act,––
Notwithstanding anything contained in section 133-H and subject to such procedure, as may be prescribed in this regard, the Government may, by notification in the official Gazette, allow transfer of land, as defined in said section, in favour of eligible public trust established under law for charitable purpose and which is non-profitable in nature.
Notwithstanding anything contained in section 133-H and subject to such procedure, as may be prescribed in this regard, the Government may, by notification in the official Gazette, allow transfer of land, as defined in said section, in favour of a person or an institution for the purpose of promotion of healthcare or senior secondary or higher or specialized education in the Union territory of Jammu and Kashmir.
Notwithstanding anything contained in section 133-H and subject to such procedure, as may be prescribed in this regard, the Government may, by notification in the official Gazette, allow transfer of land, as defined in said section, in favour of any person, institution or corporation, for such industrial or commercial or housing purposes or agricultural purposes or any other public purpose as may be notified by the Government for industrial and commercial development of the union territory.
(1) Any non-agriculturist in whose favour land has been transferred under sections 133-H(1) and (2)(a), 133-I, 133-J and 133-K shall, irrespective of transfer of such land, continue to be a non-agriculturist for the purposes of section 133-H and he shall put the land to such use for which land has been transferred within, a period of five years :
(1) Any record or paper which a village officer is required by any law or by any rule having the force of law to prepare or keep shall be deemed to be the property of the Government.
A Revenue officer may award or apportion the costs of any proceeding under this Act in any manner he thinks fit :
(1)1[An officer of the Revenue Department] or a person employed in a Revenue office or patwari or kanungo shall not––
(1) The Government may, in addition to any other rules which may be made by it under this Act, frame rules consistent with this Act and any other enactment for the time being in force––
The rules to be framed under this Act shall be published in 1[Official Gazette] and shall take effect from such date as may be mentioned therein, provided that such date is not less than 2[fifteen days] after the publication.
The Government may by notification in the 1[Official Gazette] delegate any of its functions or powers under this Act to any person specified in such notification.
Except as otherwise provided by this Act–
1[140. Repeal. ––(1) The following Acts and all rules thereunder and orders previously issued regarding matters dealt with in these Acts so far as they may be repugnant to this Act, shall be considered to have been repealed:––
(1) The Government may make rules for regularisation of unauthorised occupation, if any, arising on account of repeal of Acts under sub section (1) of section 140 :
If any difficulty arises in giving the effect to the provisions of this Act, the Government may by Order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as it appears to be necessary or expedient for the purpose of removing the difficulty.]