section 67
Transfer of holding
The Jammu and Kashmir Land Revenue Act, 1939Tax1996178 sections4 chapters
Statutory text
Transfer of holding.-
- (1) At any time after an arrear of land revenue has accrued on a holding the Collector may, after a notice to the defaulter, transfer the holding to any person being a land-holder of the estate in which the holding is situate and not being a defaulter in respect of his holding on condition of his paying the arrear before being put in possession of the holding, and on such further condition as the Collector may see fit to prescribe.
- (2) The transfer may, as the Collector thinks fit, be either till the end of the agricultural year in which the defaulter pays to the transferee the amount of the arrear which the transferee paid before being put in possession of the holding, or for a term not exceeding fifteen years from the commencement of the agricultural year next following the date of the transfer, but not exceeding the term of the Settlement then current.
- (3) The Collector shall report to the 1 [Divisional Commissioner] any transfer made by him under this section and the 1 [Divisional Commissioner] may set aside the transfer or alter the conditions thereof or pass such other order as he thinks fit.
- (4) A transfer under this section shall not affect the joint and several liability of the land-holders of the estate in which it is enforced, where such liability exists under the provisions of section 54 of this Act.
- (5) In respect of all rights and liabilities arising under this Act the person to whom the holding is transferred shall, subject to the conditions of the transfer, stand in the same position as that in which the defaulter would have stood if the holding had not been transferred.
- (6) When the transfer is for a term, the holding shall, on the expiration of the term, be restored by the Collector to the defaulter free of any claim on the part of the Government or of the transferee for any arrear of land revenue or rates and cesses due in respect thereof.
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