The Jammu and Kashmir Land Revenue Act, 1996

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Tax1996193 sections

This Act establishes the legal framework for managing land revenue, agricultural holdings, and related structures within Jammu and Kashmir. It applies to landholders, farmers, and government officials responsible for land administration. By defining key terms like agricultural land, estate, and competent authority, the law clarifies property rights and tax obligations. It effectively replaces previous regulations to provide a unified system for collecting revenue, recording rights, and planning land use, ensuring orderly governance and resource management in the Union Territory.

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1. Title, extent and commencement.
2. Repeal.
3. Definition
4. Exclusion of certain land from operation of the Act.
5. Power to vary limits and alter number of Tehsils Districts and Provinces.
5-A. Board of Revenue.
5B. Powers and functions of the Board.
6. Classes of Revenue Officers.
6-A. Combination of offences.
7. Omitted.
8. Control.
9. Power to distribute business.
10. Power to withdraw and transfer cases.
10-A. Exercise of powers by Revenue Officers.
11. Appeals.
12. Limitation for appeals, revisions and reviews.
13. Review by Revenue Officers.
14. Omitted.
15. Power to revise orders.
15-A. Power of Revenue Officers to summon persons.
15-B. Mode of service of summons.
15-C. Mode of service of notice, order of proclamation or copy thereof.
15-D. Mode of making proclamation.
16. Persons by whom appearances and applications may be made before and to Revenue Officers.
17. Place of sitting
18. Holidays.
19. Retention of powers by the Revenue Officer on transfer.
19-A. Power to refer for enquiry and report.
20. Rules respecting Lambardars.
21. Record-of-rights and documents included therein.
22. Making of special revision of record-of-right.
22-A. Preparation of Pass Book.
22-B. Responsibility of the Competent Authority.
22-C. Official copy of the Pass Book to be kept upto date.
22-D. Pass Book to be kept up to date.
22-E. Entries to be made by the Banks and financial institutions in the Pass Book.
22-F. Alteration in the Pass Book.
22-G. Issue of the true copy of the Pass Book.
22-H. Issue of additional Pass Book to the joint holders.
22-I. Issue of Pass Book to the heirs of land holder.
23. Annual records.
23-A. Consolidation of land and prevention of fragmentation of land holdings.
24. Making of that part of the annual record which relates to land-holders and occupants.
25. Making of that part of the annual record which relates to other persons.
26. Determination of disputes.
27. Restriction on variation of entries in records
28. Mutation fees.
29. Penalty for neglect to report acquisition of any right referred to, in section 24.
30. Obligation to furnish information necessary for the preparation of records.
31. Presumption in favour of entries in records-of-rights and annual records.
32. Suit for declaratory decree by person aggrieved by an entry in a record.
33. Power to make rules respecting records and other matters connected therewith.
34. Records-of-rights and annual records for groups of estates.
35. Right of the Government in mines and minerals.
35-A. Trees on Kaslsa land.
36. Provision relating to royal and reserved trees.
37. Reserved trees.
38. Penalties.
39. Presumption as to ownership of forest and water land.
40. Compensation for infringement of the rights of third parties in exercise of a right of the State.
41. Assessment of land revenue.
41-A. Surcharge.
42. Notification of intended reassessment and instruction as to principles of assessment.
43. Sanction to proposed assessment and its duration.
44. Announcement of assessment.
45. Application of reconsideration of assessment.
46. Confirmation of assessment.
47. Assessment to remain in force till new assessment takes effect.
48. Refusal to liable for assessment and consequences thereof.
49. Distribution of the assessment on an estate over the holdings comprised therein.
50. Application for amendment of the distribution of an assessment.
51. After Settlement, Collector or Assistant Collector to discharge duties of Settlement Officer.
52. Special assessment.
53. Formation of State forests from excess waste land.
54. Security for payment of land revenue.
54-A. Exemption from payment of land revenue.
55. Further security for payment of Land revenue.
56. Orders to regulate payment of land revenue.
57. Rules to regulate collection, remission and suspension of land revenue.
58. Interest chargeable on arrear accrued more than six months; such interest and costs of any process, recoverable as part of arrear.
59. Certified account to be evidence as to arrear.
60. Recovery of public demands by enforcement of process in other districts than those in which they become payable.
61. Process for recovery of arrears.
62. Writ of demand.
63. Arrest and detention of defaulter.
64. Distress and sale of moveable property and crops.
65. Transfer of holding.
66. Attachment of estate or holding
67. Annulment of assessment of estate or holding.
68. Proclamation of attachment or annulment of assessment and consequences of the proclamation.
69. Sale of estate or holding.
70. Effect of sale on encumbrances.
71. Proceedings against other immovable property of defaulter.
72. Remedies open to person denying his liability for an arrear.
73. Proclamation of sale.
74. Indemnity to revenue officer with respect to contents of proclamation.
75. Publication of proclamation.
76. Time and conduct of sale.
77. Power to postpone sale.
78. Stay of sale.
79. Payment of deposit by highest bidder.
80. Consequence of failure.
81. Time for payment in full.
82. Procedure on default of payment.
83. Report of sale to Divisional Commissioner.
84. Application to set aside sale.
85. Order confirming or setting aside sale.
86. Refund of purchase-money on setting aside of sale.
87. Proclamation after postponement or on re-sale.
88. On confirmation of sale possession and certificate to be granted to purchaser.
89. Proceeds of sale.
90. Recovery of certain arrears through Revenue officer instead of by suit.
91. Other sum recoverable as arrears of land revenue.
92. Application of Chapter VII to sums recoverable under this Chapter.
92-A. Recovery of certain arrears through Revenue officers instead of by suit.
93. Power of Government to make rules for demarcation of boundaries and erection of survey marks.
94. Power of Revenue officer to define boundaries.
95. Power of Revenue officer in proceedings under section 94 to reinstate party dispossessed.
96. Cost of erection and repair of survey marks.
97. Recovery of cost incurred by the Government.
98. Power of Revenue officers to enter on land for purposes of survey and demarcation.
99. Surveys for purpose of preparation of records.
100. Provision of flag-holders and chainmen for surveys.
101. Professional surveys.
102. Penalty for destruction, injury or removal of survey-marks.
103. Report of destruction or removal of, or injury to, survey-marks.
104. Effect of partitions of estates and tenancies on joint liability for revenue and rent.
105. Application for partition.
106. Restrictions and limitations on partition.
107. Notice of application for partition.
108. Addition of parties to application.
109. Absolute disallowance of partition.
110. Procedure on objection that partition has already been made privately.
111. Procedure on admission of application.
111-A. Objection raising question of title.
112. Collector’s decrees equivalent to decrees of Civil Court.
112-A. Stay of partition pending decision of appeal.
113. Disposal of other questions.
114. Administration of property excluded from partition.
115. Distribution of revenue and rent after partition.
116. Instrument of partition.
117. Procedure for dealing with applications for parti- of Shamilat lands.
118. Affirmation of partitions privately effected.
118-A. Partition of Shamilat lands.
118-B. Procedure for dealing with applications for partition of Shamilat lands.
118-C. Disposal of questions of title.
118-D. Completion of partition and delivery of possession.
118-E. Procedure for determining mode of partition where Shamilat land held by a co-sharer exceeds the share due.
119. Power to make rules as to costs of partition.
119-A. Proceedings.
119-B. Land lease-agreement, termination, rights and responsibilities.
119-C. Preparation of Regional plan by Board.
119-D. Offences and penalties.
119-E. Punishment under other law not barred.
119-F. Offences by companies.
119-G. 119-G
120. Power to refer to arbitration.
121. Procedure to be followed in Settlement proceedings when question of title arises.
122. Power to supply certain sums other than rent.
123. Disposal of the deposit.
124. Orders of civil and criminal Courts for execution of processes against land or the produce thereof to be addressed to a Revenue officer.
125. Attachments of assigned land revenue.
126. Preservation of attached produce.
127. Division of produce.
128. Village cesses.
129. Omitted.
130. Omitted.
131. Omitted.
132. Penalty for failure to attend in obedience to order of Revenue officer.
133. Prevention of encroachment on common land prevention of encroachments on or cultivation of common land, or land
133-A. Restriction on conversion of agricultural land and process for permission of nonagriculture (NA) use.
133-B. Prohibition to convert water surface, water field or floating field into land in Kashmir Province.
133-BB. Restriction on use of grazing land, etc. and prohibition on transfer
133-C. Land converted in violation to escheat to Government.
133-D. Punishment.
133-E. Omitted.
133-F. Appeal.
133-G. Jurisdiction of civil courts barred in certain matters.
133-H. Transfer of land to non-agriculturist barred.
133-I. Transfer of land in favour of public trust for charitable purposes.
133-J. Transfer of land for the purpose of promotion of healthcare or education.
133-K. Transfer of land for industrial, commercial or housing agricultural purposes or any other public purpose.
133-L. Transfer of land under sections 133-H, 133-I, 133-J and 133-K subject to conditions.
134. Papers kept by village officers to be deemed public documents.
135. Costs.
136. Restriction on Revenue Officers bidding at auction or trading.
137. Power to make rules.
138. Rules.
138-A. 138-A
139. Exclusion of jurisdiction of civil Courts in matters within the jurisdiction of Revenue Officers.
140. Repeal.
140-A. Regularization of certain cases of unauthorised occupation.
141. Removal of difficulties.

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