Description of lands owned by a proprietor

Description of lands owned by a proprietor.-For purposes of sub-section

1. (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;
2. (2) 1 [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 partition or entered in his name under an undivided Shamilat holding; 2[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;
   • (iv) lands owned by the proprietor which 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 such lands; and
   • (v) lands which after the date of the commencement of the Land Alienation (Temporary Powers) Restriction Ordinance, 2005, in the Kashmir Province and after the date of the commencement of the Jammu Province Land Alienation (Temporary Powers) Restriction Ordinance, 2006, in the Province of Jammu, have, without any valid authority, been transferred by the proprietor by sale, gift, bequest, 3 [ x x x ] family settlement or exchange made for the purpose of consolidation of holdings : 4[ Provided that such exchanges as have been acted upon and are agreed to by the parties, shall notwithstanding anything contained in the Ordinances aforementioned and in section 138 of the Transfer of Property Act, 1977, be deemed to be valid transfers :] 1[ Provided further that every transfer or other disposition of land, whether by act of parties or otherwise 2[made before 1st Katik, 2007, but not earlier than 1st Baisakh, 2005], shall be deemed to be void and shall not be given effect to, if, for reasons to be recorded in writing, an Assistant Collector of the 1st class, acting under the provisions of this Act, considers such transfer or disposition not to have been made bona fide or to have been made with a view to defeat the provisions of this Act.]