The JAMMU AND KASHMIR AGRARIAN REFORMS ACT, 1976

AGRARIAN REFORMS ACT, 1976
(Act XVII of 1976 )
30 AGRARIAN REFORMS ACT, 1976
AGRARIAN REFORMS ACT, 1976  31
THE  JAMMU  AND  KASHMIR  AGRARIAN  REFORMS
ACT, 1976
Act No. XVII of 1976
CONTENTS
Preamble
Section
1. Short title, extent and commencement.
CHAPTER  I
PRELIMINARY .
2. Definitions.
3. Exceptions.
3-A.
CHAPTER  II
RESTRICTION  ON RIGHTS IN  LAND.
4. Vesting in the Union territory of Jammu and Kashmir of rights in land not held
in personal cultivation.
4-A. Cancellation of mutation.
5. Vesting  of   personally cultivated land in excess of ceiling area in the Union
territory of Jammu and Kashmir.
6. Vesting   of   dwelling house and  of  the  site thereunder   and  land appurtenant
thereto in the Union territory of Jammu and Kashmir in certain cases.
7. Resumption for bona fide  personal cultivation by ex-landlord.
8. Vesting of ownership rights in land in prospective owner.
32 AGRARIAN REFORMS ACT, 1976
Section.
9. Payment of rent by the tiller.
10. Mortgages of land.
11. Payment  in  lieu of extinguish-ment of rights in   land.
12. Private  agreement.
13. Restriction on utilization of land.
14. Optimum retainable area of land.
15. Disposal of surplus land.
16. Liability during interim period.
17. Omitted.
CHAPTER III
JURISDICTION  AND PROCEDURE.
18. Appointment, superintendence and control of Revenue Officers.
19. Powers of Revenue Officers.
20. Special powers of officers.
21. Appeals and revisions.
22. Limitation for appeals.
23. Inquiries  and  proceedings  to be judicial proceedings.
 24. Persons by whom appearances and applications may be made before a Rev-
enue Officer.
25. Bar   of  jurisdiction  of  Civil Court.
AGRARIAN REFORMS ACT, 1976  33
Section.
CHAPTER IV
SUPPLEMENT AL PROVISIONS
26. Omitted.
27. Implementation of the provisions of the Act.
28. Rights and liabilities of prospective owner.
 28-A. Prohibition   on   transfer  of  certain lands.
29. Indemnity.
30. Wrong or excess payment recoverable as arrears of land revenue.
31. Omitted.
32. Act to over-ride other laws.
33. Power to issue instructions.
34. Recoveries.
35. Transfer to defeat provisions of this law.
36. Declaration of restrictions imposed to be reasonable.
CHAPTER V
PENAL TIES
37. Penalty for failure to furnish or for furnishing false return.
38. Penalty for contravention of any lawful order.
39. Penalty for damaging land.
CHAPTER VI
MISCELLANEOUS
34 AGRARIAN REFORMS ACT, 1976
Section.
40. Power to make rules.
41. Succession.
42. Inapplicability.
43. Repeal.
44. Validation.
Schedules
Schedule I
Schedule II
Schedule III
Part A
Part B
Part C
–––––––
AGRARIAN REFORMS ACT, 1976  35
THE JAMMU AND KASHMIR AGRARIAN REFORMS
ACT, 1976
Act  No.  XVII of  1976
[Received the assent of the Governor on 21st August, 1976 and published
in Government Gazette dated 21st August, 1976 (Extra)].
An Act to provide for transfer of land to tillers thereof subject to
certain conditions and for better utilisation of land in the State of Jammu and
Kashmir.
Be it enacted by the Jammu and Kashmir State Legislature in the
Twenty-seventh Year of the Republic of India as follows :––
1. Short title, extent and commencement.––(1) This Act may be called
the Jammu and Kashmir Agrarian Reforms Act, 1976.
(2) It shall extend to the 1[whole of the Union territory of Jammu and
Kashmir].
2[(3) It shall come into force with effect from such date as the Government
may, by notification in the Government Gazette, appoint].
CHAPTER  I
PRELIMINARY
         2. Definitions.––In this Act, unless the context otherwise requires ,––
“(1) “Board” means the Board of Revenue constituted under the Land
Revenue Act, Samvat 1996.”;
4[(1a)] ‘‘ceiling area’’ means the extent of land measuring twelve and a half
standard acres ;
5[ x x x x ]
1. Substituted for “whole of the State of Jammu and Kashmir” vide S.O. 3808 (E) of 2020
dated 26.10.2020.
2. Enforced by SRO 295 dated 1-6-1978 w. e. f. 13-7-1978.
3. Clause (1) inserted vide S.O. 3808 (E) of 2020 dated 26.10.2020.
4. Re-numbered ibid.
5. Omitted by Act No. V of 1978, s. 2
36 AGRARIAN REFORMS ACT, 1976
Category II One hundred and ten kanals ;
Category III One hundred and forty  kanals ;
Category IV One hundred and seventy-one kanals ;
1[(2) ‘‘Commissioner’’ means any person  appointed  to  be  the Agrarian
Reforms Commissioner under section 18 and includes any person
appointed to be the Joint Agrarian Reforms Commissioner under
that section] ;
(3) ‘‘defence force’’ means Army, Navy and Air Force of the Indian Union
and includes Border Security Force 2[Central Reserve Police, Assam
Rifles], Jammu and Kashmir Militia and Indo-Tibetan Border Force/
Police ;
(4) ‘‘demarcated forest’’ means a demarcated forest as defined in 3[the
Indian Forest Act, 1927(16 of 1927)] ;
(5) ‘‘evacuees’ land’’ means land which is evacuees’ property as defined
in the Jammu and Kashmir Evacuees’ (Administration of Property) Act,
Samvat 2006 ;
(6) ‘‘family’’ means husband, his wife and their children excluding––
(a) a married daughter ; and
(b) a major son separated from his father on or before the first
day of September, 1971 and holding land separately in his
name ;
(7) ‘‘head of the family’’ means the husband ; in case of his death,
wife ; where both are dead, major son, if any, included in the
family ; and in the absence of such major son, the guardian of the
minor children.
1. Clause (2) substituted by Act No. IX of 1987, s. 2
2. Words inserted by Act No. VII of 1979, s. 2.
3. Substituted for “the Jammu and Kashmir Forest Act, Samvat 1987 vide S.O. 3808 (E)
of 2020 dated 26.10.2020.
AGRARIAN REFORMS ACT, 1976  37
Explanation.––Where the deceased husband had more than one  wife, each
wife along with her children will constitute a subordinate
unit of the family having a separate head in accordance with this
definition ;
(8) ‘‘intermediary’’ means a tenant not cultivating land personally and
includes a person claiming through him ;
(9) ‘‘land’’ means land which was occupied, or was let, for agricultural
purposes or for purposes subservient to agriculture or for pasture in
Kharif, 1971 and includes––
(a) structures on such land used for purposes connected with
agriculture ;
(b) areas covered by, or fields floating over, water ;
(c) forest lands and wooded wastes ;
(d) trees standing on land ; and
(e) 1[x x x x],
2[but does not include an orchard or] site of a building or a structure
within municipal area, town area, notified area or village abadi or any land
appurtenant to such building or structure ;
(10) ‘‘orchard’’ means a compact area of land having fruit trees grown
thereon or devoted to cultivation of fruit trees in such number
that the main use to which the land is put is growing of fruits
or fruit trees ;
(11) ‘‘owner’’ means a land-holder, as defined in the Jammu and Kashmir
Land Revenue Act, Samvat 1996 and includes a person claiming
through him ;
(12) ‘‘personal cultivation’’ by a person shall mean cultivation––
(a) by the person himself ; or
1. Sub-clause (e) to clause (9) omitted by Act No. V of 1978, s. 2.
2. Substituted ibid.
38 AGRARIAN REFORMS ACT, 1976
(b) by any member of the family , if any, to which he belongs ; or
(c) by a khana-nishin  daughter or khana-demad or a parent of
the person ; or
(d) by a son, adopted son or pisarparwardah, not included in the
family, if any, to which the said person belongs ; or
(e) by brother or sister of the person ; or
(f) in the case of such religious or charitable institutions of
public nature as are notified by the Government, by a member
of the management or, on behalf of the management, by a
servant or hired labourer on payment of wages otherwise than
as a share of crop ; or
(g) in the case of a person, who is minor, insane, physically
disabled or incapacitated by old age or infirmity, widow or
serving in defence force, or in detention or prison, by a
servant of hired labourer under the personal supervision of
the guardian or any agent of such person ; provided  that
such servant or hired labourer or guardian or agent does not
bear the risk or cost of cultivation nor receives wages or
remuneration as a share of crop ;
Explanations. ––(i) Unauthorised cultivation shall not be deemed to be
personal cultivation and, where land has been occupied unauthorisedly, the person
who, but for such unauthorised occupation, would have been personally
cultivating such land shall be deemed to be in personal cultivation :
Provided that in the case of land––
(a) which cannot thus be deemed to be in the personal  cultivation
of any person ; or
(b) covered by section 24 of the Jammu and Kashmir Big Landed Estates
Abolition Act, Svt. 2007 ; or
(c) rights wherein have been transferred against the provisions of any
law for the time being in force ;
AGRARIAN REFORMS ACT, 1976  39
personal cultivation shall be deemed to be that of the 1[Union territory of Jammu
and Kashmir] :
Provided further that only by reason of his having been in unauthorised
cultivation, such person shall not be ineligible for allotment of the land becoming
surplus under this Act, including such land.
(ii) Where any land has been exchanged in lieu of any other land as a
result of consolidation proceedings under the Jammu and Kashmir
Consolidation of Holdings Act, 1962, any person who was personally
cultivating land, so exchanged, in Kharif, 1971 shall be deemed to have
been personally cultivating, in that harvest, the land acquired in lieu of that
land.
(iii) Where any land has been left fallow during Kharif, 1971 in normal
course of agricultural husbandry, personal cultivation of such land in Kharif,
1971 shall be deemed to be of the person who personally cultivated it for three
consecutive harvests prior to Kharif, 1971.
(iv) Land under 1[x x x x] kah-krisham, pichi, bedzar or safedzar, land
growing fuel or fodder, and unculturable or banjar land situated outside
demarcated, undemarcated or berun-i-line forests, shall be deemed to be in
personal cultivation of the owner.
(v) Patches of gair-mumkin and zeri-sayah (under the shade of trees)
land existing in a survey number shall be deemed to have been in personal
cultivation of the person cultivating the rest of the land in such survey
number personally in Kharif, 1971.
(vi) Where land has been mortgaged with possession before or during
Kharif, 1971 and the mortgage has not been redeemed before the commencement
of this Act, the mortgagor shall, subject to the provisions of section 10, be
deemed to have been personally cultivating such land in Kharif, 1971.
(vii) Where possession of land has been obtained temporarily on bilateral
or trilateral basis or in lieu of payment of rent for purpose of transplanting
saffron bulbs, in accordance with the custom known locally as ‘kara-korh’ or
‘kadawar’ in saffron growing areas of Kashmir Valley, personal cultivation of
such land shall be deemed to be of that person who would, but for such custom,
have been cultivating it personally.
1. Substituted for “State” vide S.O. 3808 of 2020 dated 26.10.2020.
2. The word ‘orchard’ omitted by Act No. V of 1978, s. 2.
40 AGRARIAN REFORMS ACT, 1976
(viii) Personal cultivation by a person shall not cease to be so merely
because of engagement of hired labour :
Provided that the labour so engaged is supplemental to, and not in
substitution of, the labour of such person ; and that such labour is paid wages
in cash or kind but not in crop share.
(ix) For determining the person personally cultivating land during
Kharif, 1971,  entries in khasra girdawari shall be presumed to be true unless
the contrary is proved.
(x) Where a person, after having been inducted as tenant by alienee of
a limited owner, has been in continuous cultivating possession of such land
for not less than twenty years prior to Kharif, 1971, such person shall be deemed
to be in personal cultivation of such land, any judgment, decree or order of
any court or authority notwithstanding.
Note :––For purposes of this clause, ‘‘limited owner’’ shall have the meaning
as under the Mitakshara School of Hindu Law.
(13) ‘‘prescribed’’ means prescribed by rules made under this Act ;
(14) ‘‘prospective owner’’ means a person eligible, by or under this Act,
to be vested with the rights of an owner ;
(15) ‘‘Schedule’’ means a Schedule appended to this Act ;
(16) ‘‘standard acre’’ means a measure of an area convertible into an
ordinary acre of land in accordance with the provisions of
Schedule I ;
(17) ‘‘tiller” means tenant cultivating land personally and shall mean and
include a person who was tiller in Kharif, 1971 or his legal heirs
or his transferee in the case of any valid transfer of land made
between Ist September, 1971 and Ist May, 1973, subject to the
competent Revenue Officer being satisfied about the existence of
a bona fide transfer to this effect.
Explanation.––A person who migrated from his place of residence during
1965 due to unavoidable circumstances shall be deemed to be a tiller of the
land thus abandoned  by him if such land was in occupation of somebody else
as Supard-dar under orders of a competent authority ;
AGRARIAN REFORMS ACT, 1976  41
1 [(18) Words and expressions not defined in this Act shall have the
meaning as assigned to them in the 2[Majority Act, 1875 (9 of
1875)], the Jammu and Kashmir Tenancy Act, samvat 1980, the
Jammu and Kashmir Land Revenue Act, Samvat 1996, 3[x x x x].]
Explanation.––For purposes of clauses (8) and (11), where a person,
governed by Mitakshara School of Hindu Law, is recorded as owner or
intermediary of ancestral property, his male lineal descendents in the male line
of decent shall not, where he was alive on the first day of September, 1971,
be deemed to be owners or intermediaries, as the case may be, of such property.
3. Exceptions.––The provision of this Act, except those specified in
column 2 of the sub-joined table, shall not apply to the categories of land
specified in column I thereof :––
Column 1.  Column 2.
(a) Evacuees’ land ;
Provided that nothing herein shall–
(i) confer any ownership rights upon a dis-
placed or other person in any evacuees’
land ; or
(ii) affect or interfere with the rights of posses-
sion or legal obligation of a displaced or other
person conferred or imposed by or under any
law, rule or order, for the time being in force
in respect of such land.
(b) Land owned, held or acquired by the Gov-
ernment of Jammu and Kashmir or the
Government of India, other than,___
Clause (c) of sub-sec
tion (2) of section 4 and
sections 5, 7, 13 and 14
and sub-section (3) of
section 26.
Sections 26, 4[X X X]
38 and 39
1. Clause (18) substituted by Act No. V of 1978, s. 2.
2. Substituted by S.O. 3808 of 2020 dated 26.10.2020.
3. Certain words and figures omitted ibid.
4. Figure 31 omitted by Act No. XXXVIII of 1997, s. 2.
42 AGRARIAN REFORMS ACT, 1976
(i) land vested or deemed to have been
vested in the 1[Union territory of Jammu and
Kashmir] by or under this Act ; and
(ii) land described in Schedule II
(c) Land owned by any industrial or commercial
undertaking or set apart or acquired by the
Government for use for industrial or commercial or
residential purposes :
Provided  that exemption under this clause shall
cease to apply, if after such enquiry as may  be
prescribed, the Government is  of the opinion that
such  industrial  or  commercial undertaking has failed
to utilise the land for that purpose within such time
as may be prescribed.
(d) Land owned, held or acquired by such
educational and other public institutions as may be
notified by the Government.
(e) Land owned, held or acquired by the Uni-
versities of the 1[Union territory of Jammu and Kash-
mir] established by law and Municipalities, Town Area
Committees, Notified Area Committees, Cantonment
Boards and other local bodies and Panchayats of the
1[Union territory of Jammu and Kashmir].
(f) Land 3[x x x x], which is unculturable or in
the form of arak, kap or kah-i-krisham or which grows
fuel or fodder and belongs to such class as is notified
by the Government, not exceeding four standard acres
per family.
Explanation.––For purposes of clause (f) the area
should be unculturable or used for growing fuel or
fodder and also recorded as such in the revenue
records.
4(g) Omitted.
(h) Land––
(i) requisitioned under any law for the time
being in force ; or
Nil
Nil
Sections 13 2[XXX]
2[XXX]
2[XXX]
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
2. Omitted by Act No. XXXVIII of 1997, s. 2.
3. Words “outside the District of Ladakh” by S.O. 3808 (E) of 2020 dated 26.10.2020.
4. Clause (g) omitted ibid.
AGRARIAN REFORMS ACT, 1976  43
(ii) situate in depopulated villages of Poonch
and Rajouri Districts and notified as such by
the Government ; or
(iii) lying in such border areas as are declared
by the Government to be insecure for
cultivation :
Provided that such provisions of this Act, as are
notified by the Government, shall apply to such lands
as and when such lands are de-requisitioned or permitted
to be reoccupied or become secure for cultivation, as the
case may be,––
(i) Private springs, wells and village roads.
(j) Residential buildings or structures along with
sites thereunder and land appurtenant thereto :
Provided that the area under and appurtenant to
such residential building or structure does not, along
with land exempted by clause (1) and the area under and
appurtenant to a building in  municipal area, notified area,
town area or village abadi, exceed four kanals per family
:
Provided further that such exemption may be
utilised by a person for his personal use or for use by
a co-perative sociey, of which such person is a member,
or for both, subject to the condition that the aggregate
area so utilised does not exceed the maximum of four
kanals per family.
(k) Such land as is reserved by the Government
for grazing ground or for any public purpose.
(l) Land reserved or acquired for residential pur-
poses subject to the provisos to clause (j).
(m) Cemeteries and Burning or burial grounds and
land under places of worship or appurtenant thereto
according to the revenue records of Kharif, 1971.
(n) Land vested in the 2[Union territory of Jammu
and Kashmir] under the provisions of the Jammu and Kash-
1[XXX]
1[XXX]
Nil
1[X X X]
Section 38.
1[X X X]
Nil
1. Omitted by Act No. XXXVIII of 1997, s. 2.
2. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
44 AGRARIAN REFORMS ACT, 1976
mir Big Landed Estates Abolition Act, Samvat 2007 and
re ta ine d unde r s ub-s e ction (2) of s e ction 6 of the  s a id Act ,__
(i) under personal cultivation ;
(ii) through a tiller.
(o) Land held by a co-operative farming society :
Provided that no sare-holder of the society   shall,
along with the other members of the family, if any, to
which he belongs hold land, including his share of
land in such society, in excess of the ceiling area.
1. Omitted  by  Act No. XXXVIII of 1997,  s.  2.
2. Section 3–A inserted by Act No. V of 1978, s. 3.
3. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
Section 15 and clause
(a)  of section 16.
Sub-section (1) of
section 4, sections
5 and 6, and sub-sec-
tion (2) of section 8,
sub-sections (1) and
(8) of section 9, sec-
tion 15 and clause (b)
of section 16.
S e ction 13 1[X X X]
2[3-A. Notwithstanding anything to the contrary contained in this Act
or any other law for the time being in force, displaced persons cultivating
evacuees’ lands personally shall in respect thereof be deemed to be
occupancy tenants and recorded as such. They shall be liable to pay rent
equal to the amount of land revenue and cesses assessed thereon :
Provided that such displaced persons shall have right to transfer
their right of occupancy/tenancy by sale, mortgage or gift subject to the
provisions of the Alienation of Land Act, and the provisions of
section 60 of the J&K Tenancy Act, Samvat, 1980 shall not apply to such
transfer].
CHAPTER II
RESTRICTION ON RIGHTS IN LAND
4. Vesting in the 3[Union territory of Jammu and Kashmir] of rights
in land not held in personal cultivation. ––(1) Notwithstanding anything
contained in any law for the time being in force, but subject to the provisions
of this Chapter, all rights, title and interest in land of any persons, not
AGRARIAN REFORMS ACT, 1976  45
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
2. Clause (a) omitted ibid.
3. Clause (b) substituted by Act No. V of 1978, s. 4.
4. Substituted  by Act No. VI of 2002,  s. 2.
5. Substituted for “notified by the Government from time to time” ibid.
6. Words omitted by Act No. V of 1978, s. 4.
7. Section 4-A inserted by Act No. VI of 2002, s. 3.
cultivating it personally in Kharif, 1971, shall be deemed to have extinguished
and vested in the 1[Union territory of Jammu and Kashmir], free from all
encumbrances, with effect from the first day of May, 1973.
(2) Nothing in sub-section (1) shall apply to––
2[x x x x]
3[(b) (i) unit of land not exceeding 182 kanals including residential
sites  Bedzars and Safedzars ; and
(ii)  4[Land]
held by such places of worship, waqafs or Dharmshallas, as are recorded in
the revenue records or 5[notified by the Government from time to time or
donated for purposes of wakaf by any person professing Islam or used as
a wakaf property] :
Provided that the rights of tenant thereof shall be heritable according
to the law of succession applicable to occupancy tenants ;
6[x x x x].
(c) land mentioned  in Schedule II allotted to a displaced  person :
Provided that :––
(i) such land and evacuees’ land, if any, allotted to the same displaced
person, is situated in more than one village ; and
(ii) such displaced person cultivated personally the land in at least
one village in Kharif, 1971.
7[4-A. Cancellation of mutation.— Notwithstanding anything contained
in any law for the time being in force or judgment or decree of a civil court
any mutation attested under sections 4, 8 or 12 of this Act after its
commencement, for any land mentioned in section 3 or sub-section (2) of
section 4 by any revenue officer either on his own or in pursuance of any
46 AGRARIAN REFORMS ACT, 1976
order of higher authority or order or judgement of a civil court shall be void,
ab initio].
5. Vesting of personally cultivated land in excess of ceiling area  in
the 1[Union territory of Jammu and Kashmir]. ––(1) Notwithstanding any-
thing contained in any law for the time being in force but subject to the
provisions of this Chapter—
(a) Where any land, held by an individual in personal cultivation
whether  as owner or as tenant or otherwise, was in excess of
the ceiling area on the first day of September, 1971, the rights,
title and interest of such individual in the excess land shall be
deemed to have vested in the 1[Union territory of Jammu and
Kashmir], free from all encumbrances, on the first day of May,
1973 ;
(b) Where aggregate land held in personal cultivation by the
members of a family, whether jointly or severally, as owners or
as tenants or otherwise, was in excess of the ceiling area on
the first day of September, 1971, the rights, title and  interest
of such members in the excess land shall be deemed to have
vested in the 1[Union territory of Jammu and Kashmir], free from
all encumbrances, on the first day of May, 1973.
(2) Such individual or the head of such family, as the case may be,
shall have the option of selecting, in such manner and subject to
such  conditions, as may be prescribed, the land such individual or family
desires to retain with himself or itself, as the case may be, within the
limits provided for by this Act, but no land in a demarcated forest shall
be so selected :
Provided that the selection made from the holdings of different members
of a family shall be proportionate to the area of land held by each member
of the family, unless the wife and the husband agree otherwise.
6. Vesting of dwelling house and of the site thereunder and land
appurtenant thereto in the 1[Union territory of Jammu and Kashmir] in
certain cases. ––(1) Notwithstanding anything contained in any other  law
for the time being in force or in any  contract, instrument, custom or usage
or in any judgment, decree or order of a Court, but subject to the provisions
of this Chapter ; where––
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
AGRARIAN REFORMS ACT, 1976  47
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
(a) a dwelling house was, on the first day of September, 1971,
occupied by a person who is a tiller or is a member of a
scheduled caste or is a landless agricultural labourer or is a
gujjar or a bakarwal or gaddi or is a landless labourer engaged
in occupation ancillary to agriculture ; and
(b) the site of such dwelling house and the land appurtenant
thereto is not owned by such person ;
the rights, title and interest in such dwelling house and the site thereunder
and land appurtenant thereto shall be deemed to have extinguished and
vested in the 1[Union territory of Jammu and Kashmir] on the first day of
May, 1973 :
Provided that rights, title and interest in such dwelling house shall not
vest in the 1[Union territory of Jammu and Kashmir] where it has been built
at the expense of such person or any of his predecessors-in-interest :
Provided further that where such person has been in occupation of such
dwelling house for a continuous period of ten years on the date of
commencement of this Act, he shall be deemed to have acquired ownership
of such dwelling house in lieu of service rendered by him to the owner of
land under and appurtenant to such dwelling house.
(2) The area under and appurtenant to such dwelling house as is
mentioned in sub-section (1) shall not, along with the area under and
appurtenant to a building in municipal area or town area or notified area or
village abadi and such land as is exempted by clauses (j) and (1) of section
3, exceed in the aggregate four kanals for such person and all the members
of the family, if any, to which he belongs.
7. Resumption for bona fide personal cultivation by ex-landlord.– (1)
Subject to the provisions of this section––
(a) an individual, whose rights in land have been extinguished by
section 4 and who was entitled to recover rent in Kharif, 1971
directly from the tiller, may resume land out side demarcated
forests for purposes of bona  fide personal cultivation ;
(b) where rights in land of one or more than one member of a
family have been extinguished by section 4 and such member
or members were entitled to recover rent in Kharif, 1971
48 AGRARIAN REFORMS ACT, 1976
1. Substituted by Act No.V of 1979, s. 2.
2. Substituted by Act No.VII of 1979, s. 3.
3. Substituted by Act No. IV of 1989, s. 2
4. Proviso inserted ibid.
directly from the tiller, such member or members may resume
land for bona fide personal cultivation ;
(c) a displaced person allotted evacuees’ land or land included in
Schedule II, who is not cultivating such land personally, may
resume such land for bona fide personal cultivation.
(2) Resumption of land permitted by sub-section (1) shall be subject
to the following conditions, namely :––
(a) the application for resumption shall be made in the prescribed
manner within 1[one year] of the commencement of this Act ;
(b) the applicant for resumption, shall  2[within six months from the
date of resumption of land] take up normal residence for the
purpose of cultivating such land personally in the village in
which the land sought to be resumed is situated or in an
adjoining village 3[except in the case of ––
(i) a person serving in defence force, who shall take up
such normal residence for personal cultivation within
six months of the date on which he ceases to serve
in defence force ; or
(ii) a widow or a person who is physically disabled or
incapacitated by old age or infirmity] :
Provided that in the case of land situated in an un-inhabited village on
or near the border, such residence shall be taken up within the period indicated
above in the nearest inhabited village or in the adjoining village :
Provided further that a displaced person who has been allotted land in
more than one village, shall take up such residence in any one of such villages
or in the adjoining village :
4[Provided also that a person who is minor or insane shall take up such
residence within six months of the date on which  he attains the age of majority
or attains sanity.]
(c) land held by a tiller paying rent at village rates (hasab-partadeh)
with or without malikana or by a tiller, who is an occupancy tenant,
shall not be resumed ;
AGRARIAN REFORMS ACT, 1976  49
1. Inserted by Act No. V of 1978, s. 5.
2. Clause ‘g’added ibid.
3. Fullstop substituted by colon and provisos added thereafter by Act No. V of 1978, s. 5.
(d) no person, who or any member of whose family, if any, is an
income-tax payer, shall be eligible to resume any land ;
(e) the person  who has transferred land by sale or gift or bequest
on or after first day of September, 1971 shall not be eligible to
resume land if the land so transferred was personally cultivated
by him prior to such transfer ;
(f) the extent of land that may be resumed shall, subject to the
provisions of sub-section (3), be determined in the following
manner, namely : ––
(i) where a person was entitled, as according to records, to
rent in kind from the tiller during Kharif, 1971, the extent
of the land resumable by such person shall bear the same
proportion to the total land comprising the tenancy as the
rent in kind bears to the total produce ;
(ii) where a person was entitled, as according to records, to
rent in cash during Kharif, 1971, the extent of land
resumable by such person shall be regulated by the extent
of rent in kind to which such rent in cash can be
commuted in accordance with the provisions of sub-
sections (3) and (8) of section 9 ;
(iii) a person serving in defence force on or after the 1st day
of April, 1965, 1[an ex-serviceman of the defence force] or
a widow or an orphan who is minor or a lunatic or an
imbecile, or an insane person or a person who is crippled
or incapacitated by old age or infirmity, shall be permitted
to resume land twenty per centum in excess of the land
otherwise resumable under sub-clauses (i) or (ii) ;
2[(g) no person, who or any member of whose family holds an
orchard exceeding one hundred kanals, shall be eligible to
resume land].
(3) The aggregate land that a person resuming land shall hold in
personal cultivation, after resumption, along with other members of the family,
if any, to which he belongs, shall not exceed  6.50 standard acres where such
person belongs to the category of persons mentioned in sub-clause (iii) of
clause (f) of sub-section (2) and five standard acres in other cases 3[:
50 AGRARIAN REFORMS ACT, 1976
Provided that an ex-servicemen of the defence force or a persons service
in defence force shall be allowed to hold one additional standard acre over
and above ceiling fixed in this sub-section :
Provided further that in the case of a person eligible to resume land
under clause (g) of sub-section (2),  the aggregate land including the orchard
held by him shall not exceed one hundred kanals].
(4) The person resuming land under this section shall be vested
with ownership rights in such land, other than evacuees’ land, and he shall
be placed in  possession thereof, after the tiller removes the crop, if any,
standing on such land and, where no crop is standing but the land has been
prepared for sowing, after such tiller is paid therefor in the prescribed  manner.
(5) Where any person resuming land under this section fails to
cultivate the land personally with in one year of entering into possession,
such land shall vest in the 1[Union territory of Jammu and Kashmir], except
where such failure is due to circumstances beyond his control.
(6) The identity of the land to be resumed shall be determined by a
Revenue Officer, in the prescribed manner, having regard to the reasonable
convenience of  both the parties :
Provided that land under and appurtenant to a dwelling house
mentioned in section 6 shall not be resumed.
Explanation.––For purposes of this sub-section, the land under and
appurtenant to the dwelling house shall not, along with the land exempted
by clauses (j) and (1) of section 3 and land under and appurtenant to a
building or structure in a municipal area, town area, notified area or village
abadi, exceed four kanals for a family.
(7) No resumption by consent shall be permissible if, as a result of such
consent, the ex-landlord is able to resume more land than he is entitled to
according to the provisions of this section.
2[(8) On and from such date as may be notified by the Government, no
application for resumption of land shall be entertained under this section.]
8. Vesting of ownership rights in land in prospective owner.—(1)
Notwithstanding anything contained in any law, for the time being in force, but
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
2. Sub-section (8) inserted ibid.
AGRARIAN REFORMS ACT, 1976  51
subject to the provisions of sections 5 and 14, where an ex-landlord resumes
land under section 7, the tiller, from whom land is so resumed, or his legal
heirs shall be vested with ownership rights in land left with him or his heirs,
as the case may be, after resumption in the following manner, namely :––
(a) Where the ex-landlord resumes the entire land permissible
under clause (f) of sub-section (2) of section 7, without payment
of any levy and has soon as the ex-landlord is given possession
of resumed land ; and
(b) Where the ex-landlord does not resume the entire land permitted
by clause (f) of sub-section (2) of section 7 because of the
provisions of sub-section (3) of section 7,––
(i) after payment of such levy in such manner as is provided
for in Schedule III for the portion of such land which,
though resumable by such ex-landlord under clause (f) of
sub-section (2) of section 7, is not resumed because of
the provisions of sub-section (3) of section 7 ; and
(ii) without payment of any levy and after the ex-landlord
is given possession of the resumed land, for the
portion of such land left with such tiller other than that
mentioned in sub-clause (i).
(2) Notwithstanding anything contained in any law for the time
being in force, but subject to the provisions of sections 5 and 14, where
an ex-owner/ex-intermediary does not or cannot resume any land, the tiller
of Kharif, 1971 holding land under him shall be vested with ownership
rights in such land after payment in full of such levy in such manner as
is provided for in Schedule III.
(3) A person mentioned in sub-section (1) of section 6, occupying
a dwelling house vested in the 1[Union territory of Jammu and Kashmir]
under section 6, shall, subject to the conditions mentioned in sub-section
(2) of the said section 6, be vested with ownership rights in such dwelling
house and the land under and  appurtenant to it, on payment of such
levy in such manner as is provided for in Schedule III, notwithstanding
anything contained in any other law for the time being in force.
(4) Where such land as is mentioned in sub-section (1) has been
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
52 AGRARIAN REFORMS ACT, 1976
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
* Section 31 has been omitted by Act No. XXXVIII of 1997, s. 3. So the words “subject to
provisions of section 31” have become redundant and need to be deleted ........ (Editor).
or is declared for acquisition by the Government under any law for the
time being in force and the prospective owner thereof has not acquired
ownership rights until the date of such declaration, vesting of  ownership
rights until the date of such declaration, vesting of ownership rights in
such land in such person shall not be effective and the instalments of
levy, if any, paid shall be refunded to such  person in lump sum with
interest at five per centum per annum.
9. Payment of rent by the tiller. ––(1) A tiller shall, in respect of
land vested in the 1[Union territory of Jammu and Kashmir] by section
4, pay to the 1[Union territory of Jammu and Kashmir] rent, which was
payable by him to the ex-landlord prior to the first day, 1973 in such form
and in such manner as may be prescribed, until such land is resumed under
section 7 or until such tiller acquires ownership rights therein under
section 8.
(2) The Government shall arrange to pay such rent in such form and
such manner as may be prescribed, after deducting therefrom ten per centum
of the cash equivalent thereof as collection charges to the ex-landlord, or
to the person claiming through him, until such time as is specified in sub-
section (1).
(3) The Government shall notify from time to time the cash equivalent
of different types of agricultural produce for purposes of this section.
(4) Where the ex-landlord mentioned in sub-section (1) was an inter-
mediary holding land, prior to the first day of May, 1973, under an owner,
nothing herein shall be deemed to affect the liability of such intermediary
to pay rent (after deducting therefrom the share of collection charges
calculated on pro-rata basis) to such ex-owner for such land, and such rent
shall, after such deduction be payable by such ex-intermediary to such ex-
owner as if their rights had not been extinguished by section 4, and
provisions of the Jammu and Kashmir Tenancy Act, Samvat 1980 relating to
recovery of rent shall apply thereto.
(5) The right of ex-intermediary or ex-owner to recover rent for land from
the 1[Union territory of Jammu and Kashmir] or from such ex-intermediary,
as the case may be, shall be heritable according to the law of succession that
was applicable to him before the extinguishment of rights in such land and
shall also be transferable subject to provisions of section 31.*
AGRARIAN REFORMS ACT, 1976  53
(6) The liability for payment of land revenue together with cesses and
dues payable under any law or rule, for the time being in force of an ex-
owner of land shall continue during the period he is entitled to recover fromthe Government or from the ex-intermediary, as the case maybe, rent underthis section, and for purposes of the Jammu and Kashmir Land Revenue Act,1996 such ex-owner shall be deemed to be a land-holder.(7) Arrears of rent accrued due from the first day of May, 1973 upto the date of commencement of this Act shall also be recoverable by theGovernment from the tillers in such form as may be notified and paid to theex-landlord after deducting ten per centum as collection charges.(8) Where rent was recoverable in kind prior to the first day of May,1973, the following rates of produce shall be assumed for purposes ofcalculating rent recoverable from the prospective owner under this section,namely :––(i) where the prospective owner and the ex-owner agree, the ratesof produce so agreed upon by them ;(ii) where there is no agreement between the prospective ownerand the ex-owner, chakla rates ;(iii) where complaint is made to a revenue Officer that chaklarates are higher than actual rates of produce, the rates ofproduce that shall be determined by the Collector aftersummary enquiry ; and(iv) where chakla rates are not available, the rates that shall benotified by the Government after necessary enquiry.10. Mortgages of land.—(1) Where land, which has vested or vestsin the 1[Union territory of Jammu and Kashmir] by section 4 or section5 or section 6, is subject to mortgage without possession and mortgagesubsists on the date when, in lieu of extinguishment of rights in suchland payment is to be made in accordance with the provisions of ScheduleIII, the mortgagee shall be paid such amount, in such manner and inaccordance with such procedure, as is provided in the aforementionedSchedule, anything to the contrary contained in any law, decree or orderof a Court or any contract notwithstanding.
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
54 AGRARIAN REFORMS ACT, 1976
be put in possession thereof subject, however, to the payment
of amount, if any, due to the mortgagee :
Provided that, in calculating the amount due, interest shall be charged
only on the principal money, at a rate not higher than 5% per annum :
Provided  further that in no case shall the principal sum plus interest
thereon exceed one and a half times the principal money :
Provided also that where the  mortgagee has been in possession of the
mortgaged land for a period of ten years or the period during which the
mortgage was to subsist according to the terms of the mortgage deed,
whichever is less, it shall be conclusive proof of the fact that the  mortgagee
has received one and a half times the amount of principal money as well as
the cost of improvements, if any.
(c) Where the Collector finds that any sum is due to the  mortgagee
under clause (b), he may order the deposit of the amount found due
from the  mortgagor in such annual instalments, not exceeding ten,
as the Collector may, with due regard to the paying capacity of the
mortgagor, deem fit.
(d) In determining the amount due, the Collector shall give credit
to the mortgagor for the value of the benefits to be enjoyed
by the mortgagee during the period covered by the instalments.
(e) The Collector may order that, in lieu of the deposit of the
amount found due, the mortgagee shall enjoy the profits of the
mortgaged land for a period to be determined by the Collector
with due regard to the amount found due and the profits
accruing from the land :
Provided that such period shall not exceed ten years or the period during
which the mortgage was to subsist, according to the terms of  mortgage deed,
whichever is less, reckoned from the date the  mortgagee came into possession
of the land under the mortgage.
(f) The mortgagor shall be deemed to have complied with the
order of deposit if the whole of the amount found due is
deposited within the period covered by instalments.
11. Payment in lieu of extinguishment of rights in land.— Subject to
the other provisions of this Chapter, land and rights therein taken away or
AGRARIAN REFORMS ACT, 1976  55
abridged by section 4 or section 5 or section 6 shall be deemed to have
been acquired by the 1[Union territory of Jammu and Kashmir] with effect
from the date such land or rights are vested in it and payment in lieu thereof
shall be determined and made in accordance with the provisions of Schedule
III :
Provided that where an ex-landlord resumes land, he shall not be entitled
to any payment in lieu of extinguishment of his rights in the land, remaining
after resumption with the tiller, except for the area of land, if any, by which
the area actually allowed to be resumed under sub-section (3) of section 7
falls short of the area that was resumable under clause (f) of sub-section (2)
of  section 7 and the right of such ex-landlord to recover rent under section
9 shall cease, except to the extent indicated above, as soon as he is given
possession of resumed land :
Provided further that where any land is held by a person in personal
cultvatiuon he shall be entitled to compensation for his rights in any portion
of such land, as is within the ceiling area applicable to him under any law
for the time being in force or any building or structure standing thereon or
appurtenant thereto, at the market value thereof.
12. Private agreement.––Where an ex-owner of land, or, if such ex-
owner had an intermediary under him prior to the first day of May, 1973, such
ex-owner and such ex-intermediary jointly, and the prospective owner of such
land by an agreement in writing, duly registered under the Jammu and Kashmir
Registration Act, 1977 or authenticated by a Revenue Officer of a class not
lower than a Tehsildar––
(a) respectively acknowledge receipt and payment of an
agreed amount ; and/or
(b) admit having apportioned such land as between themselves in
an agreed manner and having entered into possession of their
respective shares in accordance therewith ;
such payment or such apportionment of land or both, as the case may be,
shall be given due effect and shall relieve the 1[Union territory of Jammu
and Kashmir] of its liability to make  payment to such person and also relieve
the prospective owner of his liability to pay levy to the 1[Union territory
of Jammu and Kashmir] :
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
56 AGRARIAN REFORMS ACT, 1976
Provided that in case of apportionment of land the ex-landlord shall not
have in his share more land than could be resumed by him under clause (f)
of sub-section (2) of section 7, if he were otherwise eligible to resume land.
13. Restriction on utilization of land. ––1[x x x x]
(2) Except as otherwise provided in this Act, no tenancy created or
continued after the first day of May, 1973 in respect of any land shall be
valid.
1[x x x x]
14. Optimum retainable area of land. —2[(1) Save as provided in clause
(a) of sub-section (2) of section 4 of this Act, aggregate land held in ownership
or as tenant or otherwis

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