section 8
Vesting of ownership rights in land in prospective owner.
The Jammu and Kashmir Agrarian Reforms Act, 1976General197647 sections
Statutory text
- (1) 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-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 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.
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