Resumption for bona fide personal cultivation by ex-landlord.

The Jammu and Kashmir Agrarian Reforms Act, 1976

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Statutory text

(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 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 ;
- (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 subsections (3) and (8) of section 9 ;
  - (iii) a person serving in defence force on or after the 1st day of April, 1965, 5[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) ; 6[(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 7[: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 8[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. 9[(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.]

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