S.1 Short title, extent and commencement

       (1) This Act may be called the Jammu and Kashmir Big Landed Estates Abolition Act, 2007.
       [(2) It shall extend to the State of Jammu and Kashmir and shall also apply to the lands owned or held by or on behalf of Maharaja Hari Singh.]
(3) It shall come into force from the date it is published in the Government Gazette.

S.2 Definitions

       In this Act, unless there is anything repugnant in the subject or context, -
       (a) "land" means land which is occupied or has been let for agricultural purposes or for purposes subservient to agriculture, or for pasture, and includes-
       (i) the sites of building and other structures on such land ;
       (ii) trees standing on such land ;
       (iii) areas covered by or fields floating over water ;
       (iv) sites of jandars and gharats ; and
       [(v) forest lands and wooded wastes] ;
       but does not include the site of any building in town or village, abadi or any land appurtenant to such building or site ;
     &nbs

S.3 Act not to apply to certain lands

       Nothing in this Act shall apply to-
       (a) any land which is occupied as the site of a town or village and is not assessed to land revenue ;
       (b) any revenue-paying land occupied, used or transferred after the Samvat year [1990] for building purposes situate in an area declared as a municipality or notified area under the provisions of the Jammu and Kashmir Municipal Act for the time being in force, or a cantonment under the provisions of the [Jammu and Kashmir Cantonment Act, 1991,] or a town area under the provisions of the Jammu and Kashmir Town area Act for the time being in force, or in an area in which a town planning scheme is sanctioned under the Jammu and Kashmir Town Planning Act, 1997, or in such villages in the vicinity of a city or town as are specified by the Government ; and
(c) any land owned by the State or any department

S.4 Extinction of the right of ownership in certain lands

       (1) Notwithstanding anything contained in any law for the time being in force, the right of ownership held by a proprietor in land other than land mentioned in sub-section (2) [as according to the village records] shall, subject to the other provisions of this Act, extinguish and cease to vest in him from the date this act comes into force :
       [Provided that the right of ownership held by a proprietor in land covered by sub-clause (v) of clause (a) of section 2 shall extinguish and cease to vest in him from the date the [Big Landed Estates Abolition (Amendment) Act, 2008], is published in the Government Gazette, and such proprietor shall have the right to exchange such land with the unit of land for which he has exercised his right of selection under clause (a) of sub-section (2)].
       (2) Extinction of the right of ownership under sub-section

S.5 Transfer of land to tillers

       (1) Ownership rights of such land of a proprietor of which the right of ownership is extinguished under section 4 and of land (other than orchards) that was owned by a person declared as an enemy agent and has since been forfeited to[the Government] under the Enemy agents (Confiscation of Property) Ordinance, 2004 shall be transferred to the tiller of such land to the extent of their actual possession in Kharif 2007 :
       Provided that no tiller shall, with the land so transferred and that which he already owns, possess more than 160 kanals in ownership right :
       Provided also that no land shall be transferred to such tiller as are not State Subjects as defined in the Judicial Department Notification No. 1-L/84, dated the 20th April, 1927 :
       Provided also that no land shall be transferred to such til

S.6 Lands of which there are no tillers

       (1) (a) All lands of which the right of ownership is extinguished under section 4 and which are not in the cultivating possession of, or cannot, under the provisions of section 5, be transferred to any tiller [or which are transferred to any tiller but are lying vacant on the date this Act comes into force, and are not brought under cultivation owing to circumstances beyond his control within a period of 3 years from such date] ; and
       (b) all lands which were owned by persons declared as enemy agents and have since been forfeited to [the Government] under the Enemy Agents (Confiscation of Property) Ordinance, 2004, and are not in the cultivating possession of, or cannot, under the provisions of section 5 be transferred to any tiller, shall vest in the State from the date of the commencement of this Act.
       (2) The lands mentioned in sub-sect

S.7 Description of lands owned by a proprietor

       For purposes of sub-section (1) of section 4, the land owned by a proprietor shall include-
       (i) lands of any class held or acquired in ownership by the proprietor ;
       (ii) [partible Shamilat lands held by the proprietor] to the extent of his share, whether amalgamated with and entered in his ownership holding as a result of portion or entered in his name under an undivided Shamilat holding ;
       [Explanation. - "partible Shamilat land" means such land as is capable of being partitioned and excludes such Shamilat as is used for common purposes of the villagers, such as grazing ground, graveyard, cremation ground, kuhls, thoroughfares and land under mosques and temples ;]
       (iii) lands mortgaged with or without possession or leased out by the proprietor ;

S.8 Disputes relating to the description or the area of the aggregate land

       (1) If a proprietor or teller were to dispute the correctness of description on or the area of any land referred to in section 7 held by him he may, within two months of the date of the commencement of this Act, prefer an application on a court-fee stamp of Rs. 2 to such officer as is appointed by the Revenue Minister in his behalf and file with it all the relevant record on which he relies in support of his claim.
(2) The officer so appointed shall, after such enquiry as he deems necessary, record his decision in the case.

S.9 Consequences of transfer

       Notwithstanding anything contained in any contract or in any law for the time being in force, and save as otherwise provided in this Act, the consequences as hereinafter set forth shall ensue in respect of land, of which the right of ownership is extinguished under section 4, namely :-
       (a) all rights, title and interest of the proprietor a respect of such land including trees, wells (other than private wells), tanks, ponds, water channels or khuls and pathways, except right in any water-mill or jandar, shall cease and be vested upon transfer, under section 5 in the tiller, or in the State, as the case may be, free from all encumbrances ;
       (b) all arrears of revenue, cesses or other dues under any enactment or Government order or rule for the time being in force and all outstanding Taccavi loans due from the proprietor in respect of such l

S.10 Lands mortgaged or leased out by the proprietor

       Notwithstanding anything hereinbefore contained, when any land, of which the right of ownership is extinguished under the provisions of section 4, is found to have been mortgaged or leased by the proprietor, it shall subject to the other provisions of this Act, be transferred to the tiller in the following manner :-
       (a) in case such land is in the personal cultivation of the tiller who is also a mortgagee or a lessee, it shall vest in him in ownership right free from other encumbrances, if any, and the mortgage or lease, as the case may be, shall terminate ; and
(b) in case such land is not in the personal cultivation of the mortgagee or the lessee it shall be transferred to the tillers thereof in ownership right free from all encumbrances, and the encumbrances on such land shall be shifted to the estate of which the ownership right of the proprietor is left intact under sub-sec

S.10(A) Power of Collector to determine the equity of the mortgage

       (1) Subject to the provisions of section 10 of this Act it shall be lawful for the Collector to make the mortgage in one of the following forms-
       (a) if the mortgage was already a usufructuary mortgage, in the same form of mortgage by which the mortgagor delivers to the mortgagee possession of such portion of the land as will leave a reasonable margin of subsistence with the mortgagor according to the productive capacity of such land as also his financial conditions, and authorises him to retain such possession and receive the rents and benefits of the land in lieu of interest and towards payment of the principal as determined by the Collector on the condition that after expiry of the term as may be determined by the Collector but which shall not exceed the term already agreed upon in the mortgage-deed or if the term agreed on exceeds 21 years, on the expiry of 21 years from the dat

S.10(B) Power of the Collector to determine the equity of the lease

Subject to the provisions of section 10 of the Act, the lease shall operate in respect of such portion of the land as will leave a reasonable margin of subsistence with the lessor according to the productive capacity of such land as also his financial conditions and for such amount and for such term, not exceeding the term already agreed upon in the lease-deed or if the term agreed on exceeds 21 years, not exceeding 21 years as may be determined by the Collector.

S.10(C) Power of the Collector to eject mortgagee or lease after the expiry of the term of the mortgage or lease

If a mortgagee or lessee holding possession under a mortgage under section 10-A or under a lease under section 10-B remains in possession after the expiry of the term for which he is entitled to hold under his mortgage or lease, the Collector may, on his own motion, or on the application of the person entitled to possession, eject such mortgagee or lessee and place the person so entitled in possession.

S.11 Lands transferred or let in form in default of payment of land revenue

       (1) When any land of which the right of ownership is extinguished under the provisions of section 4, is found to have been transferred or let in farm under-the provisions of the Jammu and Kashmir Land Revenue Act, 1996, for the recovery of an arrear of land revenue or of a sum recoverable as "such an arrear which had accrued in respect of that land, it shall, if the transferee or the lessee be a tiller in actual cultivating possession of such land, be transferred to him in ownership right subject to the payment by such tiller of any arrears of land revenue or any dues of sums which he may be liable to pay in accordance with the conditions upon which the land was so transferred or let in farm to him.
       (2) If such transferee or lessee is not in actual cultivating possession of land it shall, subject to payment to him of such compensation as is determined by an officer specially author

S.12 Authority to implement transfer

       [(1)] At any time after the commencement of this Act it shall be lawful for the Revenue Minister or any officer appointed by him in this behalf-
       (a) to take or cause to be taken such steps and use or cause to be used such force as may, in the opinion of the Revenue Minister or the officer so appointed, be necessary to implement the transfer of land to tillers as provided, in section 5 or the vesting in the State of the ownership of lands as provided in sub-section (1) of section 6 ;
       (b) to enter upon and search any land, building or other place forming part of any land transferred under the provisions of this Act and make a survey or take measurement thereof or do any other act which he considers necessary for carrying out the purposes of this Act ;
       (c) to require any person to produce to such

S.13 Private wells, water-mills and buildings to belong to the existing owner thereof

       All private wells, water-mills, jandars and all buildings situate within the lands transferred under the provisions of section 5 or vested in the State under the provisions of section 6, belonging to or held by the proprietor whether residing in the village or not, shall continue to belong to or be held by such proprietor and he shall also be entitled to all easements with respect of enjoyment thereof :
       [Provided that notwithstanding anything contained in this Act, where a water-mill or jandar is held in possession by any person other than the proprietor, it shall be transferred in ownership right to such person subject to the following conditions, namely :-
       (a) that such water-mill or jandar was held in possession by such person on 1st of Kartik, 2007 ;
       (b) if the structure of such water-mill

S.14 Demarcation of land left with, proprietors

       [(1)] An Assistant Collector of the 1st Class or any other officer not below the rank of a Tehsildar authorised by the Revenue Minister in this behalf shall, as soon as may be after this Act comes into force, serve a notice on the proprietor, and in the case of a proprietor who is an evacuee as defined in the Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006, on the Custodian to select the land mentioned in clause (a) of sub-section (2) of section 4 and intimate to him the khasra numbers and the area thereof within such period as may be specified, and shall-
       (a) if such proprietor complies with the notice, direct that the land so selected be immediately demarcated on spot ; and
       (b) in case such proprietor fails to comply with the notice, himself reserve the land for such proprietor, and the land so reserved shall b

S.15 Procedure for making records

The transfer of land under section 5 [or the vesting of land in the State under section 6] shall be recorded in the same manner in which the acquisition of any interest in land is recorded under Chapter IV of the Land Revenue Act, 1996.

S.16 Determination of disputes

       (1) If during the making, revision or preparation of any record or in the course of any enquiry under this Act 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 not below the rank of an Assistant Collector of the 1st class may, of his own motion, or on the application of any party interested, and after such enquiry, as he thinks fit, determine the entry to be made as to that matter.
       (2) If in any such dispute the revenue officer is unable to satisfy himself as to which of the parties thereto is in possession of any property to which the dispute relates, he shall ascertain by enquiry [who is the person who has remained in actual possession for a longer duration within the period between Rabi, 2005, and 1st Kartik, 2007], and shall by order direct that person be put in possession thereof, and an entry in acc

S.17 Presumption regarding entries in the records of rights and annual records

       Subject to the provisions of sections 18 and 19, every entry in the record of rights or annual record prepared or revised under the provisions of the Land Revenue Act, 1996, shall, unless the contrary is proved, be deemed to describe correctly the rights, title and interest of every proprietor in the land to which it relates :
Provided that any modification, alteration or correction made in the record-of-rights or annual record, whether before or after the date of the commencement of this Act under the provisions of the Land Revenue Act, 1996, or as a consequence of any decree or order of any Court, shall be taken into account.

S.18 Correction of clerical error or arithmetical mistake in the records

Notwithstanding anything contained in the Land Revenue Act, 1996, or any other law for the time being in force, if a revenue officer not below the rank of an Assistant Collector of the 1st class is satisfied that a clerical or arithmetical mistake or error apparent on the face of the record exists in the record-of-rights or in an annual record, he may, either on his own motion or on the application of any person interested, correct the same.

S.19 Application for correction of records

       (1) Notwithstanding anything contained in the Land Revenue Act, 1996, or any other law for the time being in force, any person who claiming to be entitled, as proprietor, to any interest in any land, disputes any entry in the record-of-rights or in an annual record or claims any omission therefrom, may, within three months from the date of commencement of this Act, apply in writing to revenue officer not below the rank of a [Collector] for the modification, correction and alteration of the entries in the record-of-rights or in any annual record by entering his name therein or omitting the name of any person therefrom or otherwise.
(2) The revenue officer before whom the application under sub-section (1) is presented shall, after notice to the persons whose names exist in the record-of-rights or in any annual record and to any other person to whom notice in his opinion should be given, hear or dispose of the application in

S.20 Interest of a proprietor or tiller not transferable and relinquishment by a proprietor or tiller

       [(1) Except as otherwise provided in this Act and except where transfer is made in favour of Government, a [Local body, State Land Development Bank or Land Development Bank established under the provisions of the Jammu and Kashmir Co operative Societies Act, 1960, or a co-operative society registered under the said Act, or a Panchayat constituted under the Jammu and Kashmir Village Panchayat Act, 1958], no tiller to whom land shall be transferred under the provisions of section 5 shall transfer such land or any interest therein :]
       [Provided that the transfer of land or any interest therein for building purposes within the limits of a Municipality, Town Area, a Notified Area, or a Cantonment Area or an area in which a Town Planning Scheme is sanctioned under the Jammu and Kashmir Town Planning Act, Svt. 1977, or in such villages in the vicinity of a city or town as may be notified b

S.20(A) Prohibition of transfer of land to non-State Subjects

       (1) Transfer of land in favour of any person who is not State Subject as defined in the Judicial Department Notification No. l-L/84, dated the 20th April, 1927, is prohibited except to an extent of four kanals required for residential purposes in the immediate vicinity of a town or a village, or in areas which are being or are likely to be developed as health resorts or trade or commercial centres and are declared as such by the Government by a notification in the Government Gazette :
       [Provided the transferee has obtained an Ijazatnama under the Ijazatnama Rules sanctioned under Council Order No. 804 of 1935.]
(2) Notwithstanding anything contained in any law for the time being in force, no right or title can accrue to a non-State-Subject by prescription in respect of such land as "has not been otherwise lawfully acquired by him.]

S.20(B) Prohibition of transfer in respect of Kah-Krisham, Araks, Kaps and other area

Transfer of Kah krisham land, Arks Kapsand such lands including those used for raising fuel or fodder as are unculturable or any interest therein shall be prohibited and no documents relating to the transfer of such land shall be admitted to registration.

S.21 Transfer in contravention of the Act

Transfer of any holding or part thereof in contravention of the provision of this Act shall be void.

S.22 .

Omitted

S.23 .

Omitted

S.24 Extinction of the interest of a proprietor or tiller

       If a proprietor, or a tiller, to whom land has been transferred under the provisions of section 5-
       (a) dies intestate leaving no heir entitled to inherit, or
       (b) transfers his land or part thereof, or any interest therein contravention of the provisions of this Act, or
       (c) being a tiller sublets [except for reasons beyond his control] for two successive harvests the land so transferred to him,
his right of ownership in the land held by him or part thereof shall be extinguished and such land or part thereof shall escheat to Government.

S.25 Limit of the holding of a proprietor

Save as otherwise provided for in this Act, no proprietor shall at any time hold more than 182 kanals of land [excluding land mentioned in clauses (b) and (c) of sub-section (2) of section 4] in ownership right and no tiller to whom land has been transferred under the provisions of section 5, shall at any time hold more than 160 kanals of land in ownership right and any interest or right in land devolving upon such proprietor or tiller by custom or under any law for the time being in force shall, to the extent that it exceeds 182 kanals [excluding land mentioned in clauses (b) and (c) of sub-section (2) of section 4] or 160 kanals, as the case may be, be extinguished and shall escheat to Government.

S.26 Payment of annuity but no compensation

       No compensation shall be paid in respect of land from which expropriation has taken place under this Act, but for the period hereinafter mentioned, the Government shall pay annuity to the ex-proprietors in the following manner, namely :-
       (a) for Kharif, 2007 - Rabi, 2008, an amount of ¾th of the land revenue per annum on the land from which expropriation has taken place ; and
       (b) for Kharif, 2008, at the rate of 2/3rd of such land revenue calculated for Kharif harvest :
       Provided that the amount so payable shall not in any case exceed a sum of Rs. 3,000 per annum :
Provided further that no such amount shall be payable in respect of any area held or appropriated by the proprietor from land recorded as Shamilat Deh.]

S.27 .

Omitted.

S.28 Powers of revenue officers

Unless where the class of the revenue officer by whom any function is to be discharged is specified in this Act, the Government may, by notification, determine the function to be discharged under this Act, by any class of revenue officers.

S.29 .

Omitted

S.29(A) Termination of the right of non-cultivating tenure-holders in lands left with the proprietors

       The Government may, in respect of the land of which the right of ownership is not extinguished under the provisions of this Act, 1996, the Government may revise the land revenue assessed on orchards and seed farms above 4 kanals :
Provided that such revenue shall not exceed the highest assessment rates of arable land in the State.]

S.29(C) .

Omitted

S.30 Appeal and Revision

       (1) Save as otherwise provided by this Act, an appeal from an original order of a revenue officer shall lie as follows, namely :-
       (a) to the Collector when the order is made by an Assistant Collector of either class ;
       (b) to the [Commissioner] when the order is made by a Collector or Commissioner in appeal.
       (2) No appeal shall lie from an order made by a Collector or [Commissioner] in appeal.
       (3) The Financial Commissioner or [Commissioner] may call ; for the record of any case pending before disposed of by any revenue officer subordinate to him.
       (4) If in any case in which a [Commissioner] has called for the record he is of the opinion that the proceedings taken or the order made should be modified or re

S.30(A) Persons by whom appearances and applications may be made before and to revenue officers

       In the matter of appearances before a revenue officer and applications to and acts to be done before him, under this Act, the provisions of section 16 of the Land Revenue Act, 1996, shall apply :
Provided that when an appellate or re-visional authority is holding office in a province other than the one to which an appeal or revision pertains, such appeal or revision may be presented before a revenue officer for transmission of the case of the appellant or the applicant, as the case may be, to such appellate or re-visional authority.

S.31 General application of Land Revenue Act

Save as otherwise expressly provided in this Act, the provisions of the Land Revenue Act, 1996, shall, so far as may be, apply to all the proceedings taken under this Act, [and the Government or the Revenue Minister shall also be competent to review in accordance with that Act an order passed by it or him, as the case may be.

S.32 Bar to jurisdiction of Civil or Revenue Courts

No suit or other proceedings shall lie in any Civil or Revenue Court in respect of any order or concerning any matter which is subject of any proceedings taken [under this Act.

S.33 Protection of action taken under this Act

       (1) No suit, prosecution or other proceeding shall lie without the previous sanction of the Government against any person for any act done or purporting to be done under this Act or any rule made thereunder.
       (2) No officer or servant of the-Government shall be liable in respect of any such act in any civil or criminal proceeding, if the act was done in good faith and in the course of execution of the duties, or the discharge of functions, imposed by or under this Act.
(3) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions of this Act or by any anything in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

S.34 Power of the Revenue Minister in case any difficulty arises

If any difficulty arises as to the implementation of or in adjusting the right and liabilities of proprietors or tillers under any of the provisions of this Act, the Revenue Minister may, by order, do or authorise doing of anything not inconsistent with this Act which appears to him to be necessary for the removal of any such difficulty.

S.35 Power of the Government to delegate authority

The Government may, by notification in he Government Gazette, delegate any of its functions or, powers under this Act to the Revenue Minister or any other officer of the Government specified in such notification.

S.36 Transfer of land in the interest of development or otherwise

The Government may authorise the revenue Minister to permit transfer of land in areas which are being or are likely to be developed as health resorts or trade or commercial centres in accordance with rules that shall be made in this behalf.

S.37 Powers of revenue officers

A revenue officer under this Act, shall have the same powers as a Civil Court to enforce the attendance of witnesses, to call for documents, to take evidence or oath, to issue commission and to punish contempt.

S.38 Penalty

       (1) If any person in any proceeding under this Act-
       (a) intentionally makes any false statement during the course of such proceeding ; [or]
       (b) intentionally produces before any Revenue Officer any false document ; or
       (c) files a statement which is false or incorrect to his knowledge ; he shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to Rs. 1,000, or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, no court shall take cognisance of any offence under this section unless a complaint in this behalf is made by the officer before whom such proceedings were taking place.

S.39 Power to issue instructions

The Revenue Minister may, for the guidance of the revenue officers, from time to time, issue executive instructions relating to all matters to which the provisions of this Act apply, provided that such instructions shall be consistent with the provisions of this Act and the rules made thereunder.

S.40 Power to make rules

       (1) The Government may make rules for carrying into effect the provisions of this Act.
       (2) Without prejudice to the generality of the foregoing powers such rules may provide for-
       (a) the establishment, constitution and the terms of reference of the Committee appointed under proviso to sub-section (2) of section 4 and the manner in which the recommendation made by such committee may be implemented ;
       (b) the adjustment of lands transferred to the tillers to the extent of 160 kanals under sub-section (1) of section 5 ;
       [(c) Omitted;]
       (d) the revision of quantum of land transferred to tillers under sub-section (5) of section 5 ;
       (e) the manner in which lands vested

S.41 Repeal

The Land Alienation (Temporary Powers) Restriction Ordinance, 2005, and the jammu Province Land Alienation (Temporary Powers) Restriction Ordinance, 2006 shall be repealed.

S.42 Legalisation of orders passed previous to the Act

Any act done or order passed by the Government or by any revenue officer on or after 13th July, 1950, which is not contrary to the provisions of this Act, shall be deemed to have been done or passed under this Act.