section 6
Lands of which there are no tillers
The Jammu and Kashmir Big Landed Estates Abolition Act, 2007Civil200751 sections
Statutory text
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-section
- (1) may be utilised in such manner as the Government decide, or the Government may, in respect of the lands mentioned in clause
- (a) of sub-section (1), permit the exproprietor to retain possession of the land, subject to such terms and conditions as are settled by the Revenue Minister or an officer authorised by him in this behalf.
- (3) The permission to retain possession as, contemplated by sub-section
- (2) shall create no right or title in such land, and notwithstanding anything contained in any enactment for the time being in force, the Revenue Minister, or an officer authorised by him in this behalf, may fix any rent for the use and occupation of such land : Provided that such rent shall in no case be less than the land revenue assessed at village rates plus cesses and other dues that were paid by such exproprietor immediately before the date the right of.
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