The Jammu and Kashmir Land Revenue Act, 1996

1. (1) This Act may be called the Jammu and Kashmir Land Revenue Act, 1996.
2. (2) It extends to the 1[whole of the Union territory of Jammu and Kashmir] 2[x x x].
3. (3) It shall come into force on publication in the 3[Official Gazette] in the prescribed manner.

From the date when this Act comes into force, (a) the Jammu and Kashmir Land Revenue Regulation, 1980, shall be repealed, and (b) all rules and orders previously issued regarding matters dealt with in this Act so far as they may be repugnant to it, shall be considered to be repealed : Provided that, all rules, appointments, assessments and transfers made, notifications and proclamations issued, authorities and powers conferred, forms and leases granted, records-of-rights and other records farmed, revised or confirmed, rights acquired, liabilities incurred, times and places appointed and other things done under any of such rules and orders, shall, so far as may be, be deemed to have been respectively made, issued, conferred, granted, framed, revised, confirmed, acquired, incurred, appointed and done under this Act.

In this Act, unless there is something repugnant in the subject or context,— 1[(1) “Agricultural land” means land which is used or is capable of being used for the agriculture and allied activities including fallow land ;

1. (2) “Agriculture and Allied Activities” shall mean raising of crops including food and non-food crops, fodder or grass; fruits and vegetables, flowers, any other horticultural crops and plantation; animal husbandry and dairy; poultry farming, stock breeding; fishery; agro forestry, agro-processing and other related activities by farmers and farmer groups ;
2. (3) “Board” means “Board of Revenue”, constituted under this Act ;
3. (4) “Competent Authority” means the Tehsildar or a Revenue Officer of equal rank ;] 2[(5)] “estate” means any area —
   • (a) for which a separate record-of-rights has been made ;
   • (b) which has been separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for or redeemed ; or
   • (c) which the Government may, by general rule or special order, declare to be an estate ; 3[(6) “Government” means the Government of the Union territory of Jammu and Kashmir ;] 4[(7)] “land” means land which is occupied or has been let for agricultural purposes or for purposes subservient to agriculture or for pasture and includes the sites of buildings and other structures situated in such land and trees standing on such land, as well as areas covered by or fields floating over water, and sites of jandars and gharats but does not include the sites of any building in a town or village abadi or any land appurtenant to such building or sites ; 5[(8)] “land-holders” does not include 6[an occupant] or an assignee of land revenue, but does include land-owner, chakdar, and a person to whom a holding has been transferred or an estate or holding has been let in farm under this Act for the recovery of an arrear of land revenue, or of a sum recoverable as such arrear, and every other person not hereinbefore in this clause mentioned who is in possession of an estate or any share or portion thereof, or in the enjoyment of any part of the profits of an estate ; 7[(9)] “holding” means a share or portion of an estate hold by one landholder or jointly by two or more land-holders ; 8[(10) “Regional Plan” means the land use plan notified by the Competent Authority for the areas falling out of local area notified under the Development Act 1970 ;] 9[x x x x] 10[(11)] “land revenue” includes assigned land revenue and any sum payable in respect of land by way of quit rent or of commutation for service to the Government or to a person to whom the Government has assigned the right to receive the payment ; 10[(12)] “arrear of land revenue” means land revenue which remains unpaid after the date on which it becomes payable ; 10[(13)] “defaulter” means a person liable for an arrear of land revenue, and includes a person who is responsible as surety for the payment of the arrear 11[or is a lambardar or a public servant who recovers the land revenue ;] 10[(14)] “rates and cesses” means rates and cesses which are primarily payable by land-holders and includes —
   • (a) any annual rate chargeable on holders of lands under section 56 of the 12[Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010] ;
   • (b) the village officer’s cesses ;
   • (c) the education and road cesses ;
   • (d) sums payable on account of village expenses ; and
   • (e) sanitation cess ; 13[(15)] “village cess” includes any cess, contribution or due which is customarily leviable within an estate and is neither a payment for the use of private property or for personal service, nor imposed by or under any enactment for the time being in force ; 13[(16)] “village officer” means and includes 14[x x x] 15[x x x] a lambardar, 16[x x x] ; 13[(17)] “Revenue officer” in any provision of this Act means a Revenue officer having authority under this Act, to discharge the functions of a Revenue officer under that provision ; 17[(18) “Occupant” means the person under occupation of the land as protected tenant or occupancy tenant as defined under the repealed Tenancy Act or otherwise in authorized cultivation of the land ;] 18[x x x x] 19[20[(19)] 21[“Agricultural year” means the year notified by the Board from time to time for different years :] Provided that, the Government may, by previous notification in the 22[Official Gazette], alter this definition ; 23[(20)] “notification” means a notification published in the official Gazette by authority of Government ; 23[(21)] “incumbrance” means a charge upon or claim against land arising out of a private grant or contract ; 23[(22)] “survey-mark” includes boundary mark ; 23[(23)] “date of a Regular Settlement” means, as regards any estate, the date on which the record-of-rights of that estate, prepared at such Settlement, was finally attested ; 24[(24) “Water channel”, “Water Course” and “Water Source” referred to in this Act shall have the same meaning as defined in the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010.]

1. (1) Except so far as may be necessary for the record, recovery and administration of village cesses, nothing in this Act applies to land which is occupied as the site of a town or village and is not assessed to land revenue.
2. (2) An assistant Collector of the first class may define for the purposes of this Act, the limits of any such land.

The Government may, by notification, vary the limits of the Tehsils, Districts and Provinces into which the territories administered by it are divided, and may, by notification, alter the number of those Tehsils, Districts and Provinces.

1[5A. Board of Revenue. ––(1) There shall be a Board of Revenue for the Union territory of Jammu and Kashmir, consisting of following members, namely:––

1. (a) Financial Commissioner Revenue shall be the ex-officio Chairman ; and
2. (b) two other members of the rank of Secretary to the Government to be appointed by the Government of the Union territory of Jammu and Kashmir.

1. (2) Subject to the superintendence, direction and control of the Government, the Board shall be the Chief Controlling Authority regarding all the matters provided in this Act.

1. (1) The Board shall––
   • (a) exercise, perform and discharge powers, functions and duties conferred upon it by or under this Act or any other law for the time being in force ;
   • (b) decide all the matters relating to the Acts repealed under section 140, within one year from the Constitution of the Board ; and
   • (c) perform all the functions entrusted to it by the Government from time to time.
2. (2) The terms, references and procedure to be followed by the Board shall be such as may be notified by the Government.]

1[6. Classes of Revenue Officers.––(1) There shall be the following classes of Revenue officers namely: —

1. (a) the Financial Commissioner ;
2. (b) the 2[Divisional Commissioner ;]
3. (c) the Collector ;
4. (d) the Assistant Collector of the first class ;
5. (e) the Assistant Collector of the second class. 3[(2) The Deputy Commissioner and the Additional Deputy Commissioner of a District shall be the Collector thereof ; and a Sub-Divisional Magistrate, an Assistant Commissioner and a Tehsildar shall be an Assistant Collector of the First Class and a Naib-Tehsildar an Assistant Collector of the Second Class].

1. (3) Unless the Government issues a notification to the contrary, the jurisdiction of the Financial Commissioner shall extend to the whole of the 4[Union territory of Jammu and Kashmir] and of 5[Divisional Commissioners] to the Provinces and of Collectors and Assistant Collectors to the Districts and Tehsils respectively in which they are employed.
2. (4) The Government may by notification confer on any person—
   • (a) all or any of the powers of a Financial Commissioner, 5[Divisional Commissioner] or Collector under this Act, or
   • (b) all or any of the powers with which an Assistant Collector may be invested thereunder; and may by notification withdraw any powers so conferred.
3. (5) A person on whom powers are conferred under sub-section (4) shall exercise these powers within such local limits and in such classes of cases as the Government may direct and, except as otherwise directed by the Government, shall, for all purposes connected with the exercise thereof, be declared to be a Financial Commissioner, 5[Divisional Commissioner], Collector or Assistant Collector, as the case may be. 6[(5-a) The Government may, by notification in the 7[Official Gazette], confer on an Assistant Commissioner or Assistant Settlement Officer the powers of Collector and such Collector shall exercise those powers in respect of such cases under this Act or any other law for the time being in force as may be transferred to him by the Collector from time to time.]
4. (6) The 5[Divisional Commissioner] and the Collector, shall respectively include the Settlement Commissioner and Settlement Officer and the Assistant Collector of the first class shall include Assistant Settlement officer and the Settlement Tehsildar, and Assistant Collector of the second class shall include the Settlement Naib Tehsildar : Provided that, the jurisdiction of Settlement Commissioner Settlement officers, Assistant Settlement officers, Settlement Tehsildars and Naib Tehsildars shall extend only to the tracts under settlement : Provided further that, the officers other than those specified in the first proviso shall, unless otherwise directed by the Government, not exercise jurisdiction in regard to cases arising out of Settlement operations.]

1[6A. Combination of offices.–– It shall be lawful for the Government or the authority competent, as the case may be, to appoint one and the same person, being otherwise competent according to law for any two or more of the offices or to confer upon an officer of one denomination all or any of the powers or duties of any other officer or officers within certain local limits or otherwise, as it may deem expedient.]

¹⁷ Omitted.

1. (1) The general superintendence and control over all Revenue offices shall be vested with the 1[Board]. 2[(2) The 3[Divisional Commissioner,] the Collectors and Assistant Collectors shall be subordinate to and under the control of the Financial Commissioner.
2. (3) Subject to the control of the Financial Commissioner, the Collectors shall be subordinate to and under the control of a 3[Divisional Commissioner].
3. (4) Subject as aforesaid and to the control of the 3[Divisional Commissioner,] all other Revenue officers in his district shall be subordinate to and under the control of a Collector]. 4[(5) Subject as aforesaid and to the control of Collector, an Assistant Collector of the second class shall be subordinate to and under the control of an Assistant Collector of the first class].

1[9. Power to distribute business.––(1) 2[The Board, the Financial Commissioner], the 3[Divisional Commissioner] or the Collector may by order in writing distribute in such manner as he thinks fit any business cognizable by any Revenue Officer under his control.

1. (2) All Revenue Officers shall exercise the powers vested in them within the local limits of their jurisdiction. An Assistant Commissioner in a district and a Naib Tehsildar in a tehsil shall exercise jurisdiction within the whole of the district or tehsil, as the case may be, subject to such distribution as may be made by the Deputy Commissioner or Tehsildar respectively.

The Financial Commissioner or a 1[Divisional Commissioner] or a Collector may withdraw any case pending before any Revenue officer under his control and either dispose of it himself, or by written order refer it for disposal to any other Revenue Officer under his control].

1[10-A. Exercise of powers by Revenue officers.––An order under section 9 or section 10 shall not empower any officer to exercise any powers or deal with any business which he would not be competent to exercise or deal with within the local limits of his own jurisdiction.]

1[11. Appeals.––Save as otherwise provided by this Act, an appeal shall lie from an original or appellate order of a Revenue officer as follows, namely: —

1. (a) to the Collector when the order is made by an Assistant Collector of either class ;
2. (b) to the 2[Divisional Commissioner] when the order is made by a Collector ;
3. (c) to the Financial Commissioner when the order is made by a 2[Divisional Commissioner] : Provided that,—

1. (1) where an original order is confirmed on first appeal, no further appeal shall lie except on the grounds mentioned in clauses (a), (b) and (c) of subsection (1) of section 100 of the 3[Code of Civil Procedure, 1908 (5 of 1908)] ;
2. (2) where any such order is modified or reversed on appeal by the Collector, the order made by the 2[Divisional Commissioner] on further appeal, if any, to him shall be final ;
3. (3) the Government may especially empower an Assistant Collector of the first class to hear appeals against the orders of an Assistant Collector of the second Class.]

1. (1) 1[Save as otherwise provided in this Act] the period of limitation for an appeal under the last foregoing section shall he as follows: —
   • (a) When the appeal lies to the 2[Collector or an Assistant Collector of the first class] … 60 days ;
   • (b) When the appeal lies to 3[x x x] the 4[Financial Commissioner or 5[Divisional Commissioner] … 90 days. 6[x x x x]
2. (2) Such provisions of the Limitation Act as apply to appeals, applications for revision and review in civil suits shall also apply to appeals, applications for revision and review under this Act.

113. Review by Revenue Officers.––(1) A Revenue Officer may, either of his own motion or on the application of any party interested, review and on so reviewing modify, reverse or confirm, any order passed by himself or any of his predecessors in office : Provided as follows: —

1. (a) when 2[the Board], a 3[Divisional Commissioner] or Collector thinks it necessary to review any order which he has not himself passed, and when a Revenue Officer of a class below that of Collector proposes to review any order, whether passed by himself or by any of his predecessors in office, he shall first obtain the sanction of the Revenue Officer to whose control he is immediately subject ;
2. (b) an application for review of an order shall not be entertained unless it is made within ninety days from the passing of the order, or unless the applicant satisfies the Revenue Officer that he had sufficient cause for not making the application within that period ;
3. (c) an order shall not be modified or reversed unless reasonable notice has been given to the parties affected thereby to appear and be heard in support of the order ;
4. (d) an order against which an appeal has been preferred shall not be reviewed.

1. (2) For purposes of this section the Collector shall be deemed to be successor in office of any Revenue Officer of a lower class who has left the district or has ceased to exercise powers as a Revenue Officer, and to whom there is no successor in office.
2. (3) An appeal shall not lie from an order refusing review or confirming on review a previous order.]

¹¹⁴ Omitted.

1[15. Power to revise orders.––(1) The 2[Financial Commissioner] may at any time call for the record of any case pending before or disposed of by any Revenue Officer under 3[his control].

1. (2) The 4[Divisional Commissioner] may call for the record of any case pending before or disposed of by any Revenue Officer subordinate to him.
2. (3) If in any case in which, the 4[Divisional Commissioner] has called for a record he is of opinion that the proceedings taken or order made should be modified or revised he shall report case with his opinion thereon for the orders of the 2[Financial Commissioner.] 5[(4) The Financial Commissioner may, in any case called for by him under sub-section (1) or reported to him under sub-section (3), pass such order as he thinks fit : Provided that, he shall not under this section pass an order reversing or modifying any proceeding or order of a subordinate officer affecting any question of right between private persons without giving those persons an opportunity of being heard.]

1. (1) A Revenue officer may summon any person whose attendance he considers necessary for the purpose of any business before him as a Revenue officer.
2. (2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or if the summons so allows, by his recognised agent or by a legal practitioner holding authority granted by the High Court to appear and act in Civil Courts.
3. (3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes statements and to produce such document and other things relating to any such matter as the Revenue officer may require.

1. (1) A summons issued by a Revenue officer shall, if practicable, be served (a) personally on the person to whom it is addressed, or failing him, (b) on his recognised agent, or (c) on an adult male member of his family usually residing with him.
2. (2) If service cannot be so made, or if acceptance of service so made is refused, the summons may be served by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed or if that person does not reside in the district in which the Revenue officer is employed, and the case to which the summons relates has reference to land in that District, then by posting a copy of the summons on some conspicuous place in or near the estate wherein land is situate.
3. (3) If the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, it the Revenue officer so directs, be served by delivery of a copy thereof to such of those persons as the Revenue officer nominates in this behalf, and by proclamation of the contents thereof for the information of the other persons interested.
4. (4) India Act V1 of 1898.––A summons may, if the Revenue officer so directs, be served on the person named therein, either in addition to or in substitution for any other mode of service, by forwarding the summons by post in a letter addressed to the person and registered under the Indian Post Office Act, 1898.
5. (5) When a summons is so forwarded in a letter and it is proved that the letter was properly addressed and duly posted and registered, the Revenue officer may presume that the summons was served at the time when the letter would be delivered in the ordinary course of post.

A notice, order or proclamation or copy of any such document issued by a Revenue officer for service on any person shall be served in the manner provided in the last forgoing section for the service of a summons.

When a proclamation relating to any land is issued by a Revenue officer, it shall in addition to any other mode of publication which may be prescribed in any provision of this Act, be made by beet of drum, or other customary method and by the posting of a copy thereof on a conspicuous place in or near the land to which it relates.

Appearances before a Revenue officer and applications to and acts to be done before him under this Act, may he made or done—

1. (a) by parties themselves, or
2. (b) by persons holding general or special powers of attorney on behalf of such party, or
3. (c) by any class of legal practitioners holding authority granted by the High Court to appear and act in Civil Courts : Provided that, any Revenue officer may in any case for reasons to be recorded by him, require the personal attendance of any party : Provided also that, no pardah-nashin lady or person who is exempted from personal appearance in a Civil Court shall be required to appear in person : 1[Provided further that when the Financial Commissioner or the Settlement Commissioner is holding office in a Province other than the one to which an appeal, review or revision pertains, such appeal, review or revision may be presented before a local Revenue Officer of the highest rank at the station for transmission to Financial Commissioner or the Settlement Commissioner, as the case may be,] 2[(d) by such class of retired Revenue officer not below the rank of a Tehsildar who has functioned as such for a period of not less than ten years and is conversant with laws relating to the Revenue Department holding license issued by such authority, in such manner, subject to such conditions and on payment of such fees as may be prescribed by rules made by the Government.]

A Revenue officer may for exercising his powers under this Act sit at any place within the local limits of his jurisdiction.

Any proceeding of a Revenue officer held on a day declared to be a holiday shall not be invalid by reason only of the fact that it was held on such day.

When a Revenue officer of any class who has been invested under the foregoing provisions of this Act with any powers to be exercised in any local area is transferred from that local area to another as a Revenue officer of the same or a higher class, he shall continue to exercise those powers in that other local area unless the Government otherwise directs. 1[x x x x].

1[19-A. Power to refer for enquiry and report.–– A Revenue officer may refer a case which he is empowered to dispose of under this Act to another Revenue officer subordinate to him for enquiry and report, and may decide the case upon such enquiry and report.]

1[CHAPTER III REPEALED]

1. (1) Save as otherwise provided by this Chapter, there shall he a record-of-rights for each estate.
2. (2) The record-of-rights for an estate shall include the following documents, namely: —
   • (a) statements showing, so far as may be practicable—
     • (i) the persons who are land-holders, 1[occupants] of land revenue in the estate, or who are entitled to receive any of the rents, profits or produce of the estate or to occupy land therein ;
     • (ii) the nature and extent of the interests of those persons; and the conditions and liabilities attaching thereto ; and
     • (iii) the rent, land revenue, rates, cesses or other payments due from and to each of those persons and to the 2[Union territory of Jammu and Kashmir] ; 3[(iv) survey number or plot number held within its area ;
     • (v) type and characteristics of soil ;]
   • (b) a statement of customs respecting rights and liabilities in the estate ;
   • (c) a map of the estate ;
   • (d) such other documents as the 4[Financial Commissioner with the previous sanction of the Government] may prescribe. 5[EXPLANATION. –– Record-of-rights mentioned above includes record-ofrights and the map prepared and transferred under the provisions of the Jammu and Kashmir Consolidation of Holdings Act, 1962.]

1. (1) Where it appears to the Government that a records-of-rights for an estate does not exist or that the existing records-of rights for an estate requires revision, it may by a notification direct that a records-of-rights be made or that the record-of-rights be revised, as the case may be.
2. (2) The notification may direct that the records-of-rights may be made or specially revised for all or any estate in any local area.
3. (3) A record-of-rights made or specially revised for an estate under this section shall be deemed to be the record-of-rights for the estate, but shall not affect any presumption in favour of the 1[Union territory of Jammu and Kashmir] which has already arisen from any previous record-of-rights.

1[22-A. Preparation of Pass Book. ––(1) The Deputy Commissioner of the District shall cause to be prepared a Pass Book for every land holder in his District containing record of rights, agriculture holding, transfer of rights, ration cards, subsidies, liabilities etc. in revenue estate to enable the land holder make its use for credit facilities and for other matters connected therewith or incidental thereto. 2[(2) The pass book shall be in such form and valid for such period as may be prescribed and the Board shall strive for preparing, issuing and maintaining the passbooks in digital format, and the Board shall be competent to issue direction for this purpose.]

1. (3) The Pass Book shall be completed by such persons and in such manner as may be prescribed. The person so authorised shall be the competent authority for purposes of sections 22-A, 22-B, 22-C, 22-D, 22-E, 22-F, 22-G and 22-H of this Act.
2. (4) On presentation of the Pass Book at the time of attestation of mutation or otherwise with a regard to any change in the interest of the holding of the land holder the revenue officer, after being satisfied of the correctness of the changes on the basis of the mutation proceedings and other relevant evidence shall make an entry with respect to such change in the Pass Book in such form and manner as may be prescribed.
3. (5) The holder of the Pass Book shall get it updated within one month after the expiry of its period of validity and on his failure to get it validated, Pass Book shall otherwise, not be entertained at legal document whenever presented.
4. (6) Soon after the consignment of the next Jamabandi of the revenue estate in the Sadar Office but not later than 30th April of the year succeeding the year in which Jamabandi has been completed, the holder of the Pass Book shall hand it over to the new Jamabandi against receipt as may be prescribed. However, pending updation of the Pass Book, the entries therein for the period of the preceding Jamabandi would continue to remain valid for that period only.
5. (7) Every entry made in the manner prescribed, in the Pass Book issued under this section shall be presumed to be true and correct until the contrary is proved.
6. (8) The entries in Pass Book shall carry the same evidentiary value as if these were certified copies of the record-of-rights and other public record for all intents and purposes before the Courts and the financial institutions including Banks.
7. (9) If there be any mistake in the Pass Book, the same can be challenged by making an application to the Deputy Commissioner who shall make such appropriate orders to certify it, as he deems fit.
8. (10) No transfer made by the holder of a Pass Book in respect of any land specified in such Pass Book or any interest in such land shall be registered by any Registrar or Sub-Registrar unless the Pass Book is produced before him and on the production thereof he shall incorporate the particulars of the transfer registered by him in such form and manner as may be prescribed. Any transfer effected in contravention of this sub-section shall be null and void.
9. (11) No alteration in the revenue record shall be made by any revenue officer as a consequence of any transfer of land or any interest therein except on the production of the Pass Book.
10. (12) Any revenue officer may direct the transferer or transferee of any right or interest in the land to produce the Pass Book within fifteen days of issuance of a notice to him and such transferer or transferee shall thereupon produce the Pass Book either personally or through an authorised agent for making entry indicating the transfer. Any alteration made in contravention of this sub-section shall be void.
11. (13) Financial assistance may be granted by a financial institution to a land holder on production of the Pass Book. However, production of Pass Book will not be necessary for crop loans advanced by co-operative societies.
12. (14) A financial institution granting any financial assistance to the holder of the Pass Book shall make an entry to that effect in the Pass Book and where such financial assistance has been given on the security of any holding, the financial institutions shall also make an entry against the holding on the security of which the financial assistance has been granted by it, and the entry so made shall have the effect of creating a charge in favour of the financial institution on the holding against which the entry has been made and the holder of the Pass Book shall be debarred from alienating the said holding until the outstanding amount of the financial assistance granted by the financial institution has been repaid together with interest due thereon : Provided that where any charge on any land or interest therein was created by a land holder in favour of a financial institution before the commencement of the Jammu and Kashmir Land Revenue (Amendment) Act, 2001, it shall not debar him from creating after such commencement subsequent charge on such land interest thereon in favour of financial institution as security for any financial assistance given to him by such institution : Provided further that the financial institution which sanctions the first loan after the issue of the Pass Book shall ascertain and verify within fifteen days all outstanding loans (except crop loan) advanced by co-operative societies and encumbrances created by the land holder, as the case may be, by procuring an affidavit to that effect and enter and authenticate the details thereof in the Pass Book.
13. (15) The financial institution shall endorse a copy of relevant entries incorporated in the Pass Book to revenue officer as well as the Sub-Registrar within the local limits of whose jurisdiction the whole or any of the property which has been so charged is situated and on receipt of the same the revenue officer shall cause necessary entry to be made in the record of rights maintained under the Jammu and Kashmir Land Revenue Act, Samvat 1996.
14. (16) A charge or mortgage created on any land or interest or crop standing therein after the commencement of Jammu and Kashmir Land Revenue (Amendment) Act, 2001 in favour of Government shall have priority over a charge or mortgage on such land or interest created a land holder in favour of a financial institution after such commencement.
15. (17) A Pass Book issued under this section and made upto date shall remain in force until the next Jamabandi and shall be valid thereafter only if it has been made upto date and so certified in the manner as may be prescribed. Each page of the Pass Book shall be serially numbered and name of the land holder on each page to avoid tampering with.
16. (18) The Pass Book shall be issued to a land holder on payment of such amount as may be prescribed.
17. (19) If any person fails or refuses to produce a Pass Book on demand by a revenue officer or interpolates or erases anything in the Pass Book with an intent to defraud an authority or makes any false statement knowing or having reason to believe the same to be false or which he does not believe to be true with a view to gain wrongfully shall be liable to be punished with an imprisonment which may extend to one year or with an imprisonment which may extend to 3[twenty thousand rupees] or with both.
18. (20) No court shall take cognizance of an offence punishable under subsection (1) except on a complaint made by the revenue officer. However, financial institution may inform the revenue officer about any tampering within the Pass Book coming to its notice.

The competent authority shall make every entry in the Pass Book personally from the revenue records of the village. The competent authority shall be responsible for the correctness of every entry made by him in the Pass Book. All entries relating to the revenue record shall be made in accordance with the relevant revenue records. Explanation : –– Competent Authority under this section and the preceding section shall mean an empowered officer or official of the Revenue Department, who under this Act is competent to make entries in the Pass Book.

The Competent Authority shall make the necessary changes in the record of rights of the holding in time and keep it posted up to date.

1. (1) The land holder shall produce his Pass Book before the competent authority at least every six months to get the changes in the record of rights effected in his copy by the competent authority unless the land holder desires to have such changes being posted earlier. The competent authority shall acknowledge the receipt of such Pass Book in writing to the land holder.
2. (2) Every change in the record of rights pertaining to the holding, after it is effected in the land holder’s Pass Book shall be signed and returned within a period of one week after it is authenticated by the competent authority but no later than 15 days from the date of its receipt from the land holder.
3. (3) When the Pass Book is produced before the competent authority and there is no change to be effected, the competent authority shall make remarks in the Pass Book to the effect that no change is to be posted on the date relevant to the production of the Pass Book and shall sign and authenticate the same.

(1)The Banks and the financial institutions shall make necessary entries in the relevant columns of the Pass Book regarding the financial assistance or loan given to the land holder and the charge or mortgage created in the relevant columns of the Pass Book in respect of the land.

1. (2) The Bank or the financial institution, as the case may be, shall send an extract of the entries made in the Pass Book to the Competent Authority within fifteen days from the date of the transaction. The competent authority shall cause the entry to be made in the Pass Book maintained by it.

1. (1) No person shall make any change, alter or delete any entry in the Pass Book other than the person who is authorised to make any entry or change in the Pass Book.
2. (2) Any person who makes false, fraudulent entries, alters or deletes any entry in the Pass Book or furnishes false information to the competent authority shall be liable to be punished with an imprisonment which may extend up to one year or with fine which may extend to twenty thousand rupees or with both.

1. (1) Where the land holder applies with an affidavit to the Deputy Commissioner, to the effect that the Pass Book issued to him has been lost or destroyed, the Deputy Commissioner shall after due verification direct for issuance of a fresh Pass Book on payment of such fees and cost as may be determined by the Government from time to time.
2. (2) When the Pass Book issued to the land holder has been filled up, or has been damaged or mutilated and can no longer be used, the land holder shall apply for issue of a fresh Pass Book along with old Pass Book and on satisfaction of the correctness of information given in the application, the Deputy Commissioner, shall direct the competent authority to issue a fresh Pass Book to the land holder on payment of such fee, as may be determined, by the Government, from time to time.
3. (3) Any copy of the order made under sub-section (2) shall be sent to the competent authority along with Pass Book, for complying with the directions.
4. (4) On receipt of the order under sub-section (3), the competent authority shall issue fresh Pass Book to the land holder, which shall be marked ‘Fresh Pass Book’ in red ink.

Whereas the Pass Book is issued in the name of occupant whose name appears first amongst the joint holders of the land and if any joint holder applies for the copy of the Pass Book, after due verification, the Deputy Commissioner, shall direct the competent authority to issue copy of the Pass Book on payment of such fees and costs as may be determined by the Government from time to time.

1. (1) Once the Pass Book is issued to the land holder it shall not be necessary to issue a new Pass Book to a person who becomes a holder by succession. If there are more than one successors, fresh Pass Book shall be issued to each successor.
2. (2) On application made by the successor of the deceased holder accompanied by the Pass Book issued to the deceased holder, the competent authority shall, after making such inquiries as it may deem necessary, transfer the Pass Book into the name of the successor.]

1. (1) The Collector shall cause to be prepared by the patwari of each estate annually or at such other intervals as the 1[Financial Commissioner with the previous sanction of the Government] may prescribe, an edition of the record-of-rights amended in accordance with the provisions of this Chapter.
2. (2) This edition of the record-of-rights shall be called the annual record for the estate, and shall comprise the statements mentioned in sub-section (2), clause (a) of section 21, and such other documents, if any, as the 1[Financial Commissioner with the previous sanction of the Government] may prescribe.
3. (3) For the purposes of the preparation of the annual record, the Collector shall cause to be kept up by the patwari of each estate a register of mutations and such other registers as the 1[Financial Commissioner with the previous, sanction of the Government] may prescribe.

1[23-A. Consolidation of Land and prevention of fragmentation of land holdings. ––(i) The Board may notify a scheme of consolidation of land holding to be undertaken during the preparation of Record-of-Rights or otherwise for rearrangement of land holdings in a unit amongst several land owners in such a way as to make their respective holdings more compact.

1. (ii) With effect from the date on which a landowner enters into possession of the plots allotted to him in pursuance of the provisions of the scheme notified under sub-section (1) the rights, title, interest and liabilities of the former landowner in these plots and his rights, title, interest and liabilities in his original plots shall stand extinguished and shall vest in the occupying land owner, subject to such modifications, if any, specified in the said consolidation scheme.
2. (iii) The Board may also bring a scheme of restricting and regulating the fragmentation of agricultural land holdings in the Union territory of Jammu and Kashmir to make the agriculture viable.]

1. (1) Any person acquiring, by inheritance, purchase, mortgage, gift or otherwise any right in an estate as a land-holder, 1[an occupant,] shall report such acquisition to the patwari of the estate.
2. (2) If the person acquiring such right is a minor or otherwise disqualified, his guardian or other person having charge of his property or, if there is no property in his possession, of his person shall make such report to the patwari.
3. (3) The patwari shall enter in his register of mutations every such report and shall also make an entry therein respecting the acquisition of any such right as aforesaid which he has reason to believe to have taken place, and of which a report should have been made to him under this section and has not been so made.
4. (4) A Revenue officer shall from time to time inquire into the correctness of all entries in the register of mutations and into all such acquisitions as aforesaid coming to his knowledge of which under the foregoing sub-sections, report should have been made to the Patwari and an entry made in that register, and shall in each case make such order as he thinks fit with respect to the entry in the annual record of the right acquired : 2[Provided that the Government may by rules curtail, limit or restrict the power of any Revenue Officer or class of Revenue Officers to inquire into and dispose of any such case or class of cases.]
5. (5) Such an entry shall be made by the insertion in that record of a description of the right acquired, and by the omission from that record of any entry in any record previously prepared which by reason of the acquisition has ceased to be correct.
6. (6) In cases of acquisitions of the rights of assignees of land revenue mutation shall be made in accordance with the final orders of competent authority.

The acquisition of any interest in land other than a right referred to in sub-section (1) of the last foregoing section shall —

1. (a) if it is undisputed, be recorded by the patwari in such manner as the Government may by rules in this behalf prescribe ; and
2. (b) if it is disputed, be entered by the patwari in the register of mutations and dealt with in the manner prescribed in sub-sections (4) and (5) of the last foregoing section.

1. (1) If during the making, revision or preparation of any record or in the course of any inquiry under this Chapter, a dispute arises as to any matter of which an entry is to be made in a record or in a register of mutations, a Revenue Officer may of his own motion, or on the application of any party interested but subject to the provisions of the next following section, and after such inquiry as he thinks fit including such summary enquiry into title as may be necessary, determine the entry to be made as to that matter : 1[Provided that the Government may by rules curtail, limit or restrict the power of any Revenue Officer or class of Revenue Officers to inquire into and dispose of any such case or class of cases.]
2. (2) The final order passed by the Revenue Officer declaring who is the party best entitled to the property shall be subject to any decree or order which may be subsequently passed by any Civil Court of competent jurisdiction.

Entries in records of-rights or in annual records, except entries made in annual records by patwaries under clause (a) of section 25 with respect to undisputed acquisitions of interests referred to in that section, shall not be varied in subsequent records otherwise than by–– 1[(a) making entries in accordance with facts proved or admitted to have occurred : Provided that, no such change in record-of-rights shall be affected without the order of the Government or any officer authorised by the Government in this behalf ;]

1. (b) making such entries as are agreed to by all the parties interested therein or are supported by a decree or order binding on these parties;
2. (c) making new maps where it is necessary to make them.

1. (1) The Government may fix a scale of fees for making all or any classes of entries in any record or register under this Chapter and for grant of copies of any such entries. 1[(2) A fee in respect of any entry shall be payable (i) by the person who wants that an entry shall be made in his favour whether ultimately it is made in his favour or not, or (ii) by the person in whose favour the entry is made.]

Any person neglecting to make the report required by section 24 within three months from the date of his acquisition of a right referred to in that section shall be liable by order of an Assistant Collector of the 1st class, to a fine not exceeding five times the amount of the fee, which would have been payable according to the scale fixed under the last foregoing section if the acquisition of the right had been reported immediately after its accrual.

Any person whose rights, interests, or liabilities are required to be entered in any record under this Chapter shall be bound to furnish, on the requisition of any Revenue Officer or village officer engaged in compiling the record, all information necessary for the correct compilation thereof.

Any entries made in record-of-rights in accordance with the law for the time being in force or in an annual record in accordance with provisions of this Chapter and the rules thereunder, shall be presumed to be true until the contrary is proved.

1. (1) If any person considers himself aggrieved by an entry in a record of-rights 1[he may institute a suit before the Collector 2(Deputy Commissioner or Additional Deputy Commissioner) for the correction of the record, and for possession of the right claimed if he is not in possession thereof, within one year 3[x x x x] from the date of publication of the record of the distribution of the assessment under section 49, sub-section (1).
2. (2) If any person consider himself aggrieved by an entry in an annual record, 1[he may institute a suit before the Collector (Deputy Commissioner)] within the period prescribed by the *[Limitation Act No. IX of 1995] for correction of the record and for possession of the right claimed if he is not in possession thereof, or for declaration of his right if he is in possession thereof: Provided that, nothing in this sub-section shall entitle any person to bring a suit for the correction of the records-of rights of a preceding Settlement after the period prescribed for such suit in sub-section (1) has expired. 4[x x x x].

The Government may make rules —

1. (a) prescribing the language and script in which records and registers under this Chapter are to be made ;
2. (b) prescribing the form of those records and registers and the manner in which they are to be prepared, signed and attested ;
3. (c) for the survey of land so far as may be necessary for the preparation and correction of those records and registers ;
4. (d) for the conduct of inquiries by Revenue Officers under this Chapter ;
5. (e) regulating the procedure of Revenue Officers under this Act in cases for which a procedure is not prescribed by this Act ; and
6. (f) generally for the guidance of Revenue Officers and village officers in matters pertaining to records and registers mentioned or referred to in this Chapter.

1. (1) The 1[Financial Commissioner] may direct that a record-of-rights be made for any group of neighbouring estates instead of separately for each of the estates.
2. (2) The provisions of this Chapter with respect to a record-of-rights and annual record for an estate shall then, so far as they can be made applicable, apply to a record-of-rights, and annual record for a group of estates.

1[35. Right of the Government in mines and minerals.–– The rights to mines, minerals, minor minerals and quarries shall vest in the Government and the Government shall have all powers necessary for the proper enjoyment of such rights. EXPLANATION :–– For purposes of this section ‘minor minerals’ mean the minor minerals in respect of which the *[State Government] is empowered to make rules under section 15 of the Mine and Minerals (Regulation and Development) Act, 1957)].

1[35-A. Trees on Khalsa land. ––(1) No person shall fell any tree standing on Khalsa (Government) land or cut branches thereof, or remove, sell or convert the wood or timber of any such tree to his own use otherwise than in accordance with the rules made by the Government or any officer empowered by the Government in that behalf.

1. (2) Nothing contained in sub-section (1) shall debar a person from removing leaves of such trees for agricultural purposes and purposes subservient to agriculture.]

All trees of the following descriptions, namely:— English name Botanical name Local name In the Provinces of Jammu and Kashmir Deodar ... Cedrus Libani, Var, Deodara ... Deodar, Diar. Chil pine ... Pinus Longifolia ... Chil, Chir. Blue pine ... Pinus Excelsa ... Kairu, Biar, Kail, Kachir. Edible pine ... Pinus Geradiana ... Chilgoza, Iri. Fir ... Abies Pindrow ... Rewar, Budlu, Rai Rayal, Tung sararn Spruce ... Picea Morinda ... Kachai, Kachhlu, Tos, Riar. Himalayan Cypress... Cuprescus Torulosa ... Padam. Pencil cedar ... Juniperus Macropoda ... Shelai, Chheali, Padam, Dhua. Chenar ... Platanus Orientalis ... Chenar, Buin. Box ... Buxus Sumpervirens ... Chikri. In the District of Ladakh Blue pine ... Pinus Excelsa ... Thangshing. Chenar ... Platanus Orientalis ... Shingyel. In the District of Gilgit Blue Pine ... Pinus Excelsa ... Chi. Fir ... Abies Pindrow ... Rai. Spruce ... Picea Morinda ... Kathal. Chenar ... Platanus Orientalis ... Buch, shall be deemed to be royal trees. They, even when standing on private land, cannot be cut, or removed except in accordance with the rules framed by the Government in this behalf.

1. (1) All trees of the following descriptions, namely :— English name Botanical name Local name In the Province of Jammu Mulberry Morussp Tut. In the Province of Kashmir except Muzaffarabad and Karnah Tehsils Mulberry Morusp Tul kul, Tut, shall be deemed to be reserved trees. The Government may, by notification, order that trees of any description specified in such notification shall be deemed to be reserved trees in any local areas specified therein.
2. (2) Reserved trees, although standing on private land, shall not be sold or converted by any person to his own use otherwise than in accordance with a general or special order of the Government or of an officer empowered by the Government in this behalf, under the rules in force for the time being.

A person proved to the satisfaction of an Assistant Collector not below the rank of a Tehsildar to have done any act 1[prohibited by section 35-A, 36 or 37] shall be liable to a fine which may extend to 2[rupees five hundred and the wood of the trees so felled from 3[Union territory of Jammu and Kashmir] or private land shall be confiscated] and also be liable to make good to the 3[Union territory of Jammu and Kashmir] any loss or damage caused by such act : Provided that, a person who has been fined under this section shall not be prosecuted under the Criminal Law for the same act and a person who has been punished under the Criminal Law for any act 1[prohibited by section 35- A, 36 or 37] shall not be liable to a fine under this section. Such loss or damage shall be assessed by the Assistant Collector and the amount may be recovered from the person held liable as if the same were arrears of the land revenue.

When in any record-of-rights it is not expressly provided that any forest, unclaimed, unoccupied, deserted or waste land, spontaneous product or other accessory interest in land belongs to the land holders it shall be presumed to belong to the 1[Union territory of Jammu and Kashmir].

1. (1) Whenever in the exercise of any right of the Government referred to in section 35, the rights of any person are infringed by the occupation or disturbance of the surface of any land, the Government shall pay, or cause to be paid to that person compensation for the infringement.
2. (2) The compensation shall be determined as nearly as may be in accordance with the provisions of the *[Land Acquisition Act] for the time being in force.

1[X X X].

1[X X X].

1[X X X].

1[X X X].

1[X X X].

1[X X X].

1[X X X].

1[X X X]

1[X X X]

1[X X X]

1[X X X]

1[X X X]

1[X X X]

When in the opinion of a Settlement Officer or any Assistant Collector of the first class empowered in this behalf by a general or special order of the Government, the waste land included in or adjoining an estate is so extensive as to exceed the reasonable requirements of the land holders of the estate with reference to past usage or extension of cultivation or otherwise, the Settlement Officer or such Assistant Collector may at any time cause the excess area to be demarcated as a State forest in accordance with the Forest Demarcation Rules in force, at the time, on such conditions, as to payment of compensation or otherwise, as the Government may direct : Provided that no compensation shall he payable to any person solely on account of the formation of a State forest from waste land owned by the 1[Union territory of Jammu and Kashmir].

1[X X X]

1[X X X]

1[X X X]

1[X X X]

1[57. Rules to regulate collection of certain arrears through revenue officers.––(1) The Government may make rules to regulate the collection of the sums realizable under any law for the time being in force through revenue officers.

1. (2) Where any sum referred to under sub-section (1) is collected by the revenue officer, there shall be deducted an amount of two percent of such sum on account of the cost of collection.]

1[X X X]

1[X X X]

1. (1) 1[Where a sum recoverable as an arrear of land revenue under any law for the time being in force] or a sum recoverable as an arrear of land revenue is payable by a person residing or having property in a district other than that in which the arrear accrued or the sum is payable, the 2[Collector] of the District in which the arrear accrued or the sum is payable, may send to the 2[Collector] of that other district a certificate stating—
   • (a) the name of the defaulter and such other particulars as may be necessary for his identification ; and
   • (b) the amount payable by him and the account on which it is due.
2. (2) The certificate shall be signed by the 2[Collector] making it and shall be conclusive proof of the matters therein stated.
3. (3) The 2[Collector] of the other district shall on receiving the certificate proceed to recover the amount stated therein, as if it were an arrear of land revenue which has accrued in his own district.

Subject to the other provisions of this Act 1[any sum recoverable as an arrear of land revenue under any law for the time being in force] may he recovered by any one or more of the following processes, namely:—

1. (a) by service of a writ of demand on the defaulter ;
2. (b) by arrest and detention of his person ;
3. (c) by distress and sale of his movable property and uncut or ungathered crops ;
4. (d) by transfer of the holding in respect of which the arrear is due ;
5. (e) by attachment of the estate or holding in respect of which the arrear is due ;
6. (f) by annulment of assessment of that estate or holding ;
7. (g) by sale of that estate or holding ;
8. (h) by proceeding against other immovable property of the defaulter.

A writ of demand may be issued by a Revenue Officer on or after the day following that on which 1[any sum recoverable as an arrear of land revenue] accrues.

1. (1) At any time after an arrear of land revenue has accrued a Revenue Officer not below the rank of Tehsildar may issue a warrant directing 1[any public servant] to arrest the defaulter and bring him before the Revenue Officer. 2[(2) When the defaulter is brought before the Revenue Officer, the Revenue Officer may cause him to be taken before the Collector or may order that he be confined to Civil Jail or if no Civil Jail exists in his jurisdiction in the local Judicial lock-up, for a period not exceeding six days and then if the arrear is still unpaid cause him to be taken before Collector.]
2. (3) When the defaulter is brought before the 3[Collector,] the 3[Collector] may issue an order to the officer incharge of the civil jail of the district directing him to confine the defaulter in the jail for such period, not exceeding one month from the date of the order, as the 3[Collector] thinks fit. The 3[Collector] shall without delay report his order under this sub-section to the 4[Divisional Commissioner] for his information.
3. (4) If a Tehsildar keeps under detention, for a period exceeding 24 hours a defaulter arrested under sub-section (1), be shall without delay report this action for the information of the 3[Collector] and the 3[Collector] may take such action on the report as he thinks fit. 5[x x x x].
4. (6) The process of arrest and detention shall not be executed against a defaulter who is a female, a minor, a lunatic or an idiot.
5. (7) So long as the defaulter is detained in jail under this section no other process for collection of 6[any sum recoverable as land revenue] due from him shall be enforced. 7[(8) Every Police Officer shall help and afford assistance to the Revenue Officer in the exercise of his lawful authority.]

1. (1) At any time after 1[any sum has become recoverable as an arrear of land revenue] the movable property and uncut or un-gathered crops of the defaulter may be distrained and sold by order of a Revenue Officer, not below the rank of 2[Tehsildar].
2. (2) The distress and sale shall be conducted, as nearly as may be, in accordance with the law for the time in force for the attachment and sale of movable property under the decree of a Civil Court: Provided, that, in addition to the particulars exempted by that law from liability to sale, so much of the produce of the land of the defaulter as the 2[Tehsildar] thinks necessary for seed grain and for the subsistence, until the harvest next following, of the defaulter and his family, and of any cattle exempted by that law, shall be exempted from sale under this section.

1[X X X].

1[X X X].

1[X X X].

1[X X X].

1[X X X].

1[X X X].

1. (1) If the arrear cannot be recovered by any of the processes hereinbefore provided, or if the 1[Divisional Commissioner] considers the enforcement of any of these processes to be inexpedient, the Collector may, where the defaulter owns any 2[x x x] estate or holding or any 2[x x x] immovable property, proceed under the provisions of this Act against that property as if it were the land in respect of which the arrear is due : Provided that, no interests save those of the defaulter alone shall be so proceeded against, and no encumbrances created, grants made, or contracts entered into by him in good faith shall be rendered invalid by reason only of his interests being proceeded against.
2. (2) When the Collector determines to proceed under this section against immovable property 3[x x x], he shall issue a proclamation prohibiting the transfer or charging of the property.
3. (3) The Collector may at any time by order in writing withdraw the proclamation, and it shall be deemed to be withdrawn when either the arrear has been paid or the interests of the defaulter in the property have been sold for the recovery of the arrear.
4. (4) Any private alienation of the property, or of any interest of the defaulter therein, whether by sale, gift, mortgage or otherwise, made after the issue of the proclamation and before the withdrawal thereof, shall be void. 4[(5) In proceedings against property under this section, the Collector shall follow such procedure as may be laid down under rules.]

1. (1) 1[Notwithstanding anything in section 59,] when proceedings are taken under this Act for the recovery of an arrear, the person against whom the proceedings are taken may, if he denies his liability for the arrear or any part thereof and pays the same under protest made in writing at the time of payment and signed by him or his agent, institute a suit in a Civil Court for the recovery of the amount so paid.
2. (2) A suit under sub-section (1) shall be instituted in a Court having jurisdiction in the place where the office of the 2[Collector] of the District in which the arrear or some part thereof accrued is situate.

1. (1) On the receipt of the sanction of the 1[Divisional Commissioner] to the sale of any immovable property the Collector shall issue proclamation of the intended sale, specifying—
   • (a) the date, time and place of the sale ; 2[(b) the property to be sold] ; 3[x x x] 4[(d) any encumbrance, grant or contract for which the property is known to be liable] ; and
   • (e) the amount for the recovery of which the sale is ordered.
2. (2) The place of the sale specified under clause (a) of sub-section (1) must be either the office of the Collector, or someplace appointed by the Collector in this behalf, and situate in or near the property to be sold.

A Revenue Officer shall not be answerable for any error misstatement or omission in any proclamation under the last foregoing section, unless the same has been committed or made dishonestly.

1. (1) A copy of the proclamation shall be served on the defaulter and be posted in a conspicuous part of the office of the Tehsildar of the tehsil in which the property to be sold is situate.
2. (2) After a copy of the proclamation has been served on the defaulter and pasted in the office of the Tehsildar, a copy thereof shall be pasted in the office of the Collector.
3. (3) The proclamation shall be further published in the manner directed under the Code of Civil Procedure.

(1)The sale shall not take place on a Sunday or other holiday, or till after the expiration of at least thirty days from the date on which the copy of the proclamation was pasted in the office of the Collector.

1. (2) The sale shall be by public auction, and shall be conducted either by the Collector or by a subordinate Revenue Officer especially authorised by him in this behalf.
2. (3) No person shall be permitted to bid at such sale who is under any law or rule enforced in the 1[Union territory of Jammu and Kashmir] prohibited from purchasing such property by private purchase.

The Collector or such Revenue Officer may from time to time postpone the sale; provided that, if the sale is postponed for more than 7 days a fresh proclamation shall be issued as prescribed for the original sale.

If at any time before the bidding at the auction is completed the defaulter pays the arrear in respect of which the property has been proclaimed for sale, together with the cost incurred for the recovery thereof, to the officer conducting the sale, or proves to the satisfaction of that officer that he has already paid the same 1[either at the place and in the manner prescribed under section 56 or] into the Government treasury, the sale shall be stayed.

When the highest bid at the auction has been ascertained, the person who made that bid shall on the requisition of the officer conducting the sale, pay to that officer a deposit of twenty-five per centum on the amount of his bid, and shall, on payment thereof, be declared to be the purchaser.

If the person who made the highest bid fails to pay the deposit as required by the last foregoing section the property shall forthwith be put up again and sold, and all expenses attending the first sale, and the deficiency of price, if any, which may happen on the re-sale, may be recovered from him by the Collector as if the same were an arrear of land revenue.

The full amount of the purchase money shall be paid by the purchaser before the close of the fifteenth day from that on which the purchaser was declared.

In default of payment of the full amount of the purchase money within the period mentioned in the last foregoing section, the deposit referred to in section 79 shall after defraying the expenses of the sale, be forfeited to the Government and may, if the Collector so directs, be applied in reduction of the arrear, and the property shall be re-sold and the defaulting purchaser shall have no claim to the property or to any part of the sum for which it may subsequently be sold.

Every sale of immovable property under this Chapter shall be reported by the Collector to the 1[Divisional Commissioner.]

1. (1) At any time within 60 days from the date of the sale, application may be made to the 1[Divisional Commissioner,] to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it.
2. (2) But a sale shall not be set aside on that ground unless the applicant proves to the satisfaction of the 1[Divisional Commissioner] that he has sustained substantial injury by reason of the irregularity or mistake.

1. (1) After the expiration of 60 days from the date of the sale, if such application as is mentioned in the last foregoing section has not been made, or if such application has been made and rejected, the 1[Divisional Commissioner] shall make an order confirming the sale, and if such application has been made and allowed, the 1[Divisional Commissioner] shall make an order setting aside the sale.
2. (2) An order made under this section shall be final.

Whenever the sale of any property is set aside, the purchaser shall be entitled to receive back his purchase money.

A re-sale consequent on a purchaser’s default under section 82 or on the setting aside of a sale under section 85 shall be made after the issue of a fresh proclamation in the manner hereinbefore prescribed for the sale.

1. (1) After a sale has been confirmed in the manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the property sold and shall grant him a certificate to the effect that he has purchased that property.
2. (2) The certificate shall state whether or not the property was sold for the recovery of an arrear due in respect thereof, and, if it was so sold, shall set forth the encumbrances, grants, contracts and rights of occupancy, if any, specified in the proclamation of the sale 1[x x x].
3. (3) The certificate shall be deemed to be valid transfer of the property and need not be registered.
4. (4) No suits shall be maintained against any person claiming title under a purchase certified by the Collector on the ground that the purchase was made on behalf of the plaintiff or on behalf of someone through whom the plaintiff claims. Nothing in this sub-section shall bar a suit to obtain a declaration that the name of the purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser or interfere with the right of a third person to proceed against that property though ostensibly sold to the certified purchaser on the ground that it is liable to satisfy a claim of such third person against the real owner.
5. (5) The certified purchaser of any immoveable property shall be entitled to all rents and profits falling due in respect of the property after the date of the confirmation of the sale and be liable, 1[x x x] rates and falling due in respect thereof after that date.

1. (1) When a sale of immovable property under this Chapter has been confirmed, the proceeds of the sale shall be applied in the first place to the payment of any arrear including costs incurred for recovery thereof, due to the Government from the defaulter at the date of confirmation of the sale 1[x x x] and the surplus, if any, shall be paid to the person whose property has been sold, or, if the property sold was owned by more than one person then to the owners, either collectively, or according to the amount of their recorded interests, as the Collector thinks fit.
2. (2) The surplus shall not, except under an order of a Court, be paid to any creditor of a person whose property has been sold.
3. (3) If the proceeds of the sale fall short of such arrears as are referred to in sub-section (1), the balances remaining due from the defaulter may be recovered from him by further proceedings under this Chapter, or by any other means authorised by law.

An officer whose duty it is under any law or rule having the force of law to realize a sum of money and the same is lawfully recoverable as an arrear of land revenue may request an Assistant Collector of the first class under whose jurisdiction the person from whom it is recoverable resides or holds any property to realize the same as arrear of land revenue. With such request such officer shall forward to the Assistant Collector a certificate showing the correct amount due up to the date of such certificate : 1[Provided that the period of limitation for making request before the competent revenue authority for realising sums recoverable as arrears of land revenue under this Chapter shall be the same as is prescribed for suits by or on behalf of the 2[Union territory of Jammu and Kashmir] under the *Limitation Act, Samvat 1995.] The person from whom the money is so recovered may, if he denies his liability, sue the Government to recover the same.

In addition to any sums recoverable as arrears of land revenue under this Act or any other enactment for the time being in force, the following sums may be so recovered, namely:—

1. (a) fees, fines, costs and other charges, including rates and cesses, payable under this Act ;
2. (b) revenue due to the Government on account of pasture or other natural products of land, or on account of mills, fisheries or natural products of water or on account of other rights described in section 35 or section 39 in cases in which the revenue so due has not been included in the assessment of an estate ;
3. (c) sums leviable by or under the authority of the Government 1[x x x] as water rates, or on account of the maintenance or management of canals, embankments or other irrigation works, not being sums recoverable as arrears of land revenue under any enactment for the time being in force ; 2[(cc) sums granted on loan by the Government for advanced studies or for undergoing advanced or special training in India or abroad including interest or penalty, if any, chargeable thereon ;] 3[(ccc) loan advanced by the Government to a person who has suffered on account of fire, flood, earthquake or a calamity of like nature ;] 4[(cccc) sums advanced in pursuance of Cabinet Order No. 1547-C of 1953 dated 15th December, 1953, as loan by the Government to craftsmen, artisans and petty traders with a view to their rehabilitation in such craft, art or trade ;]
4. (d) sums payable to the Government 5[x x x x] by a person who is surety for the payment of any of the foregoing sums or of any other sums recoverable as an arrear of land revenue ;
5. (e) with the previous sanction of the Government sums due to the postal Department, the Dharmarth Department ; 6[x x x] 7[(ee) sums recoverable by the Food and Supplies Department on account of purchase, sale, transportation, milling, husking, storage or transit shortages of food grains and other essential commodities including the cost of gunny bags or any other type of containers of such food grains and essential commodities] ; 8[(f) sums recoverable by Government as arrears of customs import and export duties ;] 9[(g) sums due to the Agriculture Department on account of produce of agricultural crops including fruits, fruit contracts or supply of chemical fertilizers ;] 10[(h) sums advanced as loan by Government for construction and repair of house or petty trades ;] 11[(i) sums including interest, if any, due thereon, granted under National Loan Scholarships Scheme of the Government of India ;] 12[(j) sums advanced as loan by the Industries Department under a Scheme relating to Intensive Development of Rural Industries ;
6. (k) sums recoverable by the Government under the Rules for the grant of subsidy to persons belonging to Schedule Castes and other Backward Classes for constructions and repairs of houses sanctioned vide Government Order No. SW-125 of 1966 dated 24-3-1966 ;] 13[(l) sums recoverable as arrears of land revenue and collected by a public servant ; 14[(m) sums due to Horticulture Department on account of sale of Horticultural Produce, fruit plants, fertilizers, pesticides and sums recoverable by the Government under fruit contracts or under long term loans advanced for establishment of new orchards ;]
7. (n) sums recoverable as cost of quarters/plots from persons displaced from border areas as also from areas in Pak occupied Kashmir, when these become due ;] 15[(o) sums recoverable as premium on Nazool or Evacuee’s Land under Government Order No. REV. (NDJ) 465 of 1972 dated 26th May, 1972 ;
8. (p) sums payable to the Government under Self-Employment Programme ;] 16[(q) compensation for land acquired by 17[Union territory of Jammu and Kashmir] under any law, received by any person not entitled to it ;] 18[(r) all sums payable to the Government, which the Government may from time to time by notification in the 19[Official Gazette], declare to be recoverable as arrears of land revenue ;] 20[(s) sums advanced by a Bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934, having an office for transacting the business of Banking in the 17[Union territory of Jammu and Kashmir], or by the Jammu and Kashmir State Financial Corporation established under the Jammu and Kashmir State Financial Corporation Act, 1951, —
   • (i) for the development of Agriculture or Horticulture Industry including fisheries, poultries, sheep and allied programme of Agriculture or Horticulture Development ;
   • (ii) to industries, handicrafts, handlooms, artisans, small business, small loans to professionals and self-employed persons ;
   • (iii) under Integrated Rural Development Programme and 20- Point Economic Programme ; which the Government may from time to time by notification in the 19[Official Gazette], declare to be recoverable as arrears of land revenue : Provided that no such sum shall be so declared unless determined by such authority as the Government may from time to time notify in this behalf : 21[Provided further that two per cent of the amount recovered shall be paid by a Bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934 or by the Jammu and Kashmir State Financial Corporation, as the case may be, to the Government on account of service charges for the recoveries affected. 22[Explanation.––For purposes of the clause—
   • (i) any reference in section 90 of this Act to an officer shall, unless the context otherwise requires, be construed as a reference to a Bank for the time being included in the second schedule of the Reserve Bank of India Act, 1934 or the Jammu and Kashmir State Financial Corporation, as the case may be ; and
   • (ii) “allied programmes of agriculture or horticulture development means making land fit for cultivation, cultivation of land, improvement of land by levelling, bunding or adopting other means of reclamation or soil conservation, development of the sources of irrigation viz. digging of khuls (minor canals), lining of water courses, digging of wells, boring of tube-wells, installation of diesel engines or electrification of tube-wells, purchase of pumping sets, spray and sprinkler equipment, laying of water pipes, raising and harvesting of seasonal crops and other products, farm mechanisation like purchase of tractors, hand tillers, power tillers thrashers, tractor trollies, cane crushers, establishment, development, maintenance and expansion of horticulture, forestry, cattle breeding, seed farming and such other activities as are generally carried on by agriculturists, dairy farmers, cattle breeders poultry farmery and other categories of persons engaged in similar activities including marketing of agricultural products, their storage and transport and the acquisition of implements and machinery in connection with any such activity, purchase of pack animals like mules, horses, camels, bullocks, oxen, donkeys and purchase of bullock carts, horse carts, camel carts or any other like purpose ;]
9. (t) sums advanced as loan by the Jammu and Kashmir Rajya Sainik Board to ex-serviceman ; 23[(u) sums granted by the Central Government as relief and rehabiliation assistance to person displaced from Chhamb Niabat area in 1971, received by a person entitle to it ;] 24[(v) Sums advanced as loans to the Khadi institutions operating in the 17[Union territory of Jammu and Kashmir by the Khadi and Village Industries Commission.]

The provisions of Chapter VII shall, with respect to any sum mentioned or referred to in this Chapter, apply, so far as they can be made applicable, as if the sum were an arrear of land revenue and the person from whom, either as principal or as surety, it is due, were a defaulter in respect of such an arrear. 1[x x x x]

When a village officer required by rules under section 20 to collect any 1[x x x] sum recoverable as an arrear of land revenue satisfies a Revenue officer that the 2[x x x] sum has fallen due and has not been paid to him, the Revenue officer may, subject to any rules which the Government may make in this behalf recover it as if it were an arrear of land revenue.

1. (1) The Government may make rules as to the manner in which the boundaries of all or any estate in any local area are to be demarcated and as to the survey-marks to be created within those estates.
2. (2) Rules under this section may prescribe, among other matters, the forms of survey-marks and the material to be used in their construction.

1. (1) A Revenue Officer may, for the purpose of framing any record or making assessment under this Act or on the application of any person interested, define the limits of any estate, or of any holding, tenancy, field or other portion of an estate, and may, for the purpose of indicating those limits, require survey-marks to be erected or repaired.
2. (2) In defining the limits of any land under sub-section (1), the Revenue Officer may cause survey-marks to be erected on any boundary already determined by, or by order of, any Court, or Revenue Officer, or restore any survey-mark already set up by, or by order of, any Court or any such officer.
3. (3) The Revenue Officer to whom an application under this section may be made may depute another Revenue officer subordinate to him to take the necessary proceedings.

1. (1) In any proceeding under section 94 if it appears to the Revenue Officer that any of the parties to the proceedings has, within a period of six months preceding the date of his order illegally encroached upon any land adjacent to the boundary defined, and previously in the lawful possession of any of the other parties to the proceeding, he may by his order direct that the party dispossessed be placed in possession of such land : Provided that, no order under this section shall be passed by any officer below the rank of an Assistant Collector of the first class and if proceedings under section 94 are taken by an inferior officer he shall submit the case for orders to the Assistant Collector of the first class having jurisdiction.
2. (2) The party dissatisfied with the order of the Revenue Officer passed under sub-section (1) may seek his remedy in the Civil Court and subject to the decision of the Civil Court such order shall be final.

Subject to any rules which the Government may make in this behalf, survey-marks shall be erected and kept in repair by or at the cost of the persons interested in the land, for the indication of the limits of which they are required : Provided that, the Government may in any case direct that the cost of erection shall be borne by the Government or be paid out of the proceeds of the village officers’ cess.

1. (1) If the persons interested in the land fail to erect or repair a survey-mark within thirty days from the date of their being required to do so by a Revenue Officer, the latter may cause it to be erected or repaired.
2. (2) Where a Revenue Officer causes a survey-mark to be erected or repaired, he shall subject to any rules or direction issued under the last foregoing section apportion the cost among the persons interested in the land in such manner as he deems just. The cost, if not paid, may be recovered as if it were an arrear of land revenue.

Any Revenue Officer and person acting under the orders of a Revenue Officer, may, in the discharge of any duty under this Act, enter upon and survey land and erect survey-marks thereon and demarcate the boundaries thereof, and do all other acts necessary for the proper performance of that duty.

When any land is being surveyed in pursuance of rules framed under section 33 (c), any Revenue Officer directing the survey may, by notice or proclamation, require all persons having rights or interests in the land to indicate, within a specified time, by temporary marks of a kind to be described in the notice or proclamation, the limits to those rights or interests. Any person failing to comply with the notice shall be liable to pay a fine not exceeding Rs. 10 under the orders of the Revenue Officer directing the survey.

1. (1) For the purpose of the survey of any land in pursuance of rules framed under section 33, clause (i), the land-holders shall be bound to provide fit persons to act as flag-holders and chainmen.
2. (2) If the land-holders fail to provide such persons or to provide them in sufficient number, such other persons as a Revenue Officer considers necessary may be employed, and the cost of employing them recovered from the landholders as if it were an arrear of land revenue.

1. (1) If it is necessary to make a survey by other agency than that of Revenue Officers or village officers the Government may publish a notification stating—
   • (a) the local area to be surveyed and the nature of the survey ;
   • (b) the names or official designations of the officers by whom the survey is to be made ; and
   • (c) the kind of survey-marks to be erected by those officers.
2. (2) From the date of the notification the officers specified therein, and the persons acting under their orders, shall have for purposes of the survey the powers conferred on Revenue Officers by section 98. 1[(3) (a) The Board subject to such conditions and restrictions and in such manner as may be prescribed, at its own or authorise an officer not below the rank of Collector, to issue license to any person referred to as Licensed Surveyor, possessing the prescribed qualifications and experience as fixed by the Board for the purposes of survey, assessment and settlements of boundaries and connected matters.
   • (b) The fee payable to a License Surveyor shall be as prescribed by the Board from time to time.]

1. (1) If any person wilfully destroys or injuries, or without lawful authority removes a survey-mark lawfully erected, he may be ordered by a Revenue Officer not below the rank of a Tehsildar to pay such fine not exceeding fifty rupees for each mark so destroyed, injured or removed as may, in the opinion of the said officer, be necessary to defray the expense of restoring the same and of rewarding the person, if any, who gave information of the destruction, injury or removal.
2. (2) The imposition of a fine under this section shall not bar a prosecution under section 434 of the Ranbir Penal Code.

Every village officer of an estate shall be legally bound to furnish a Revenue Officer with information respecting the destruction or removal of, or any injury done to, any survey-mark lawfully erected in the estate.

1. (1) A partition of land either under this Chapter or otherwise, shall not, without the express consent of the 1[Divisional Commissioner,] affect the joint liability of the land or of the land-holders thereof, for the revenue payable in respect of the land in estates wherein under section 54 of this Act such joint liability exists, or operate to create a new estate, and if any conditions are attached to that consent, those conditions shall be binding on the parties to the partition.
2. (2) A partition of a tenancy shall not, without the express consent of the landlord, affect the joint liability of the co-sharers therein for the payment of the rent thereof.

1[105. Application for partition.––Any joint holder of land 2[x x x x] or any mortgagee with possession of the share of such holder or tenant, may apply to a Revenue Officer for partition of his share in the land or tenancy, as the case may be, if––

1. (a) at the date of the application the share is recorded under Chapter IV as belonging to him, or
2. (b) his right to the share has been established by a decree which is still subsisting at that date, or
3. (c) a written acknowledgement of that right has been executed by all persons interested in the admission or denial thereof.]

Notwithstanding anything in the last foregoing section––

1. (1) places of worship, cremation and burial grounds held in common before partition shall continue to be so held after partition, unless the parties otherwise agree among themselves and record their agreement and file it with the officer making the partition ;
2. (2) partition of any of the following properties namely:––
   • (a) any embankment, water-course, well or tank and any land on which the supply of water to any such work may depend,
   • (b) any grazing ground, and
   • (c) any land which is occupied as the site of a town or village and is assessed to the land revenue, may be refused if, in the opinion of the 1[Revenue officer,] the partition of such property is likely to cause inconvenience to the co-sharers, or other persons directly or indirectly interested therein, or to diminish the utility thereof to those persons ;
3. (3) the fact that a partition on the application of a joint holder or land would render necessary the surverance into two or more parts of 2[erstwhile tenancy] of 3[an occupant] having a right of occupancy may, unless 4[the occupant] assents to the surverance, be a sufficient reason for the disallowance of the partition in so far as it would affect 5[that occupancy] ; and
4. (4) the fact that the landlord objects to the partition of a tenancy may be sufficient reason for the absolute disallowance of the partition thereof.

The 1[Revenue officer] shall, if the application is in order and not open to objection on the face of it, fix a day for the hearing thereof, and––

1. (a) cause notice of the application and of the day so fixed to be served on such of the recorded co-sharers as have not joined in the application and, if the share of which partition is applied for is a share in the tenancy, on the landlord also; and
2. (b) if he thinks fit, cause the notice to be served on, or proclaimed for the information of, any other persons whom he may deem to be directly or indirectly interested in the application.

On the day fixed for the hearing, or any day to which the hearing may be adjourned, the 1[Revenue officer] shall ascertain whether any of the other co-sharers desire the partition of their shares also, and, if any of them so desire, he shall add them as applicants for partition.

After examining such of the co-sharers and other persons as may be present on that day, the Revenue officer may, if he is of opinion that there is good and sufficient cause why partition should be absolutely disallowed refuse the application, recording the grounds of his refusal.

If it is alleged by any of the co-sharers that the land or the tenancy has already been divided by a partition made privately, the Revenue officer, notwithstanding anything to the contrary in section 32 of this Act, shall proceed as though the objection was an application under section 118 of this Act, and if he finds that private partition has in fact been made, may pass orders affirming it, and refusing the application made under section 105 of this Act.

If the 1[Revenue officer] does not refuse the application under the two last foregoing sections, he shall ascertain the questions, if any, in dispute between any of the persons interested distinguishing between––

1. (a) question as to title in the property of which partition is sought, including question as to the property to be divided ; and
2. (b) the mode of making the partition.

1. (1) If any objection is made by a recorded co-sharer involving a question of proprietary title which has not been already determined by a Court of competent jurisdiction, the 1[Revenue officer] may either––
   • (a) decline to grant the application until the question in dispute has been determined by a competent Court, or
   • (b) require any party to the case to institute within three months a suit in the Civil Court for the determination of such question, or
   • (c) proceed to enquire into the merits of the objection.
2. (2) When the proceedings have been postponed under clause (b), if such party fails to comply with the requisition, the 1[Revenue officer] shall decide the question against him. If he institutes the suit the 1[Revenue officer] shall deal with the case in accordance with the decision of the Civil Court.
3. (3) If the 1[Revenue officer] decides to enquire into the merits of the objection, he shall follow the procedure laid down in the Code of Civil Procedure for the trial of original suits.

All decrees passed under sub-section (3) of the preceding section shall be held to be decrees of a Court of civil jurisdiction of the first instance and notwithstanding anything contained in section 11 shall be open to appeal to the District Judge or High Court, as the case may be, under the rules applicable to appeals to those Courts.

The Appellate Court may issue a precept to the 1[Revenue officer] directing him to stay the partition pending the decision of the appeal, whether the appeal is pending from a Civil Court under section 111-A (1) (b) or from the Court of the 1[Revenue officer] under section 111-A (3).

1. (1) When there is a question as to the mode of making a partition the 1[Revenue officer] shall, after such enquiry as he deems necessary, record an order stating his decision on the question and his reasons for the decision.
2. (2) An appeal may be preferred from an order under sub-section (1), and when such an appeal is preferred and the institution thereof has been certified to the 1[Revenue officer] by the officer to whom the appeal has been preferred, the 1[Revenue officer] shall stay proceedings pending the disposal of the appeal.
3. (3) If an applicant for partition is dissatisfied with an original or appellate order under this section, and applies for permission to withdraw from the proceedings in so far as they relate to the partition of his share, he shall be permitted to withdraw therefrom on such terms as the Revenue officer thinks fit.
4. (4) When an applicant withdraws under the last foregoing sub-section, the 1[Revenue officer] may, where the other applicants, if any, desire the continuance of the proceedings, continue them in so far as they relate to the partition of the shares of those other applicants.

When any such property as is referred to in section 106, clause (2), is excluded from partition, the Revenue officer may determine the extent and manner to and in which the co-sharers and other persons interested therein may make use thereof, and the proportion in which expenditure incurred thereon and profits derived therefrom, respectively, are to be borne by and divided among those persons or any of them.

1. (1) The amount of revenue to be paid in respect of each of the holdings into which land has been divided on a partition, and the amount of rent to be paid in respect of each of the portions into which a tenancy has been so divided, shall be determined by the 1[Revenue officer] making the partition.
2. (2) The determination of the 1[Revenue officer] as to the revenue to be paid in respect of each holding shall, where the estate in which the holding is situate is subject to a fixed assessment, be deemed to be an order under section 49, sub-section (1).
3. (3) Where new estates have been created at a partition and the land revenue has been fraudulently or erroneously distributed among them, the 2[Divisional Commissioner] may, at any time, within 3 years of the confirmation of the partition, order a new distribution of the land revenue among the several estates, on an estimate of the assets of each estate at the time of partition, to be made conformably to the evidence and information procurable respecting the same.

When a partition is completed the Revenue officer shall cause an instrument of partition to be prepared, and the date on which the partition is to take effect to be recorded therein.

When the order of partition has become final the officer making the partition shall put the parties entitled to separate possession into possession of such properties. If for any reason any party to a partition complains that he has not been put into separate possession of the lands to which he is entitled under the partition, he may apply to the 1[Revenue officer] or his successor in office to put him in possession. Such an application must be made within three years of the preparation of the instrument of partition as prepared under section 116. If an application be made after the expiry of three years the applicant shall be referred to the Civil Court to seek his relief by a suit for possession.

1. (1) In any case in which a partition has been made without the intervention of a Revenue officer any party thereto may apply to an Assistant Collector of the first class for an order affirming the partition.
2. (2) On receiving the application, the Assistant Collector shall inquire into the case, and if he finds that the partition has in fact been made, he may make an order affirming it and proceed under sections 114, 115, 116 and 117 or any of those sections, as circumstances may require, in the same manner as if the partition had been made on an application to himself under this Chapter.

1[118-A. Partition of Shamilat lands.–– Nothing contained in sections 110, 111, 111-A, 112, 112-A, 113, 116, 117 or 118 shall apply to such lands as are recorded as Shamilat under Chapter IV of this Act.

If the Revenue officer does not refuse the application for partition of Shamilat land under section 109 or he is satisfied by a reference to the revenue record that the existing possession on lands recorded as Shamilat is not according to the shares of the co-sharing proprietors, he shall proceed to ascertain the individual shares of all the co-sharers and after deciding any question of title under the provisions of the next following section, make an order determining the mode of partition and specifying the area allotted to each one of such co-sharers.

1. (1) If during the course of proceedings taken under the foregoing section an objection is raised by a co-sharer involving a question of title, the Revenue officer shall, after such summary enquiry as may be necessary, record his decision thereon giving his reasons for such decision.
2. (2) An order passed by the Revenue officer under sub-section (1) shall not he appealable or open to revision but shall be subject to any decree or order which may subsequently be passed by any Civil Court of competent jurisdiction.

1. (1) When partition proceedings in respect of land recorded as Shamilat are completed, the Revenue officer shall put each of the co-sharers into separate possession of the lands to which he is entitled under the partition.
2. (2) If for any reason any co-sharer is precluded from being put into possession as provided for in sub-section (1), he may, within one year from the date of the order passed under section 118-B, apply to the Revenue officer or his successor in office to put him into possession.

1. (1) In determining the mode of partition under section 118-B, where a co-sharer in Shamilat is found to hold Shamilat land in excess of the share to which he is entitled and upon such lands improvements of any kind have been made, he shall be given an option of exchanging an area equal to that found in excess from out of his basic holding or Shamilat for distribution amongst those who are found to hold Shamilat land less than their due shares.
2. (2) Where any person who is not a co-sharer in Shamilat is found to hold any Shamilat land or where a co-sharer in Shamilat refuses to avail of the option provided in sub-section (1), or after availing of such option further land in excess is found to remain in his possession, such land shall––
   • (a) if it contains an orchard, be allotted, in joint ownership to such co-sharers as are found to possess Shamilat land less than their due sharers subject to the condition, that such land shall not be further partitioned, and
   • (b) if it contains trees other then fruit bearing trees, building or structure, the possessor thereof shall be given an option of removing such trees, or the material of such building or structure within a period of three months from the date the mode of partition is sanctioned].

The Government may make rules––

1. (a) for determining the costs of partitions under this Chapter and the mode in which such costs to be apportioned ;
2. (b) prescribing forms for use in proceedings under this Chapter ;
3. (c) prescribing fees and stamp duties ; and
4. (d) generally for carrying out the purposes of this Chapter.

1[119-A. Proceedings.––Proceedings under this Chapter shall be taken by a Revenue officer not below the rank of an Assistant Collector of the first class 2[ x x x].

Notwithstanding anything contained in any other law, the Government may through a notification in the Official Gazette, formulate procedures and conditions for leasing in or leasing out of agricultural land for agriculture and allied activities, consistent with the provisions of this Act.

1. (1) Except the “Local Area” as defined under the Development Act, 1970, including the areas falling under the Development Authorities constituted under the said Act, the Board shall be the development authority for all land and shall be responsible for preparation of Regional Plan or Plans, as the case may be.
2. (2) In preparation of Regional Plan or Plans as referred to in sub-section (1), the Board shall fallow process as mentioned in the Development Act, 1970.
3. (3) In preparation of the Regional Plan or Plans as referred to in subsection (1), the Board shall have consideration to––
   • (i) overall developmental objectives of the Government ;
   • (ii) development of agriculture in the Union territory ;
   • (iii) protection of land falling under saffron, orchards, vegetable and other crops as considered necessary by the Board ;
   • (iv) optimum utilisation of water and other resources ;
   • (v) protection of ecology, environment and wildlife ;
   • (vi) impact of climate change and changes required in cropping pattern ;
   • (vii) requirement of land for developmental purposes including residential ;
   • (viii) any other objectives as conveyed by the Government to the Board or deemed fit by the Board.

Notwithstanding anything contained in this Act or the rules made thereunder whoever commits any of the offence specified in column (2) of the Table below, shall on conviction by a Judicial Magistrate of first class for each of such offence be punishable with the sentence indicated in column (3) of the said Table, namely:–– Table S.No. Offence Punishment

1. (1) (2) (3) 1. Whoever cheats and thereby dishonestly Imprisonment for three creates documents for the purpose of selling, years and fine of ten mortgaging or transferring by gift or other- thousand rupees. wise of any Government land. 2. Whoever creates a forged document regar- Imprisonment for three ding Government land with an intention to years and fine of five use it for that purpose or to grab such land. thousand rupees.

Nothing in this Act shall prevent any person from being prosecuted and punished under any other law for the time being in force for any act or omission made punishable by or under this Act : Provided that no person shall be so prosecuted and punished for the same offence more than once.

Where an offence under this Act is committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

The Board shall be competent for upward revision of the fines provided under this Act from time to time.]

The law as to arbitration as contained in 1[Schedule II of the Civil Procedure Code], shall apply to arbitration in matters arising under this Act.

If, in the course of the record-of-rights or of revision of the record-of-rights in any local area in pursuance of notification issued under section 22, any question of title arises it will be decided summarily 1[by the Collector of the first class whose decision, subject to such orders as may be passed in appeal by the Divisional Commissioner shall be binding] on the parties till it is set aside by a decree of the Civil Court. When such a decree is made the record-of-rights shall be corrected, if necessary in accordance therewith, on an application to the 2i9560Collector] within whose jurisdiction the property affected is situate.

In either of the following cases, namely :––

1. (a) when a headman or other land-holder or an assignee of land revenue to whom any sum other than rent is payable on account of liability under this Act, refuses to receive the sum from, or to grant a receipt therefor to, the person by whom it is payable, or
2. (b) when the person by whom any such sum is payable is in doubt as to the headman or other land-holder, or the assignee of land revenue, entitled to receive it, that person may apply to Tehsildar within whose local jurisdiction the land in respect of which the payment is to be made is situate, for leave to deposit the sum in his office, and he shall receive the deposit, if after examining the applicant, he is satisfied that there is sufficient ground for the application, and if the applicant pays the fee, if any, which may be chargeable on any notice to be issued of the receipt thereof.

1. (2) When a deposit has been so received, the liability of the depositor to the headman or other land-holder, or the assignee of land revenue, for the amount thereof shall be discharged.

1. (1) The Tehsildar receiving the deposit under the foregoing section shall give a notice of the deposit to every person who he has reason to believe claims or is entitled to the deposit and may pay the amount, to any person or persons appearing to him to be entitled to the same. In case he is unable to decide who should receive the amount, he shall record his reasons therefor and may retain the deposit pending the decision of a Civil Court.
2. (2) No suit or other proceeding shall be maintained against either the Government or any of its officers for any act done under this section. Nothing herein contained shall prevent the rightful person from maintaining a suit for recovery of the money from the person to whom the same may have been paid.

Orders issued by any Civil or Criminal Court for the attachment, sale or delivery of any land or interest in land or for the attachment or sale of the produce of any land shall be addressed to the Collector and shall be executed by him or any officer appointed by him in accordance with the provisions of the law applicable to the Court issuing the orders and with any rules consistent therewith, made by the Government in consultation with the High Court.

1. (1) Notwithstanding anything in any other enactment for the time being in force, an order issued by any Court for the attachment of assigned land revenue shall require the person by whom the revenue is payable to pay it to the Tehsildar and the Tehsildar to hold it subject to the further orders of the Court.
2. (2) A payment to the Tehsildar under sub-section (1) shall be an effectual discharge to the person making it.

1. (1) The attachment of the produce of any land in pursuance of an order of any Court or other authority shall not prevent the person to whom the produce belongs from reaping, gathering or storing it, or doing any other act necessary for its preservation. (2) The attaching officer shall do or cause to be done all acts necessary for the preservation of the produce if the person to whom it belongs fails to do so.
2. (3) When sale of produce follows on to attachment, the purchaser shall be entitled, by himself or by any person appointed by him in this behalf, to enter on the place where the produce is and do all that is necessary for the purpose of preserving and removing it.

In either of the following cases, namely: ––

1. (a) where land revenue is paid by division or appraisement of the produce ;
2. (b) where a superior and an inferior land-holder, or two or more shareholders in a holding of tenancy, are jointly interested in any produce and either or any of the 1[land-holders or occupant], as the case may be, desires the assistance of a Revenue officer, for the purpose of dividing or appraising the produce; the provisions of the Jammu and Kashmir Tenancy Act, 1980, with respect to the division or appraisement of produce, shall apply so far as they can he made applicable.

1. (1) No village cess which is not sanctioned by the Government and the levy of which has not been established by judicial decision shall be levied in any estate by any landlord over and above the rent payable by 1[an occupant].
2. (2) When a record-of-rights is being made or revised for an estate, or when the local area in which an estate is situate is being generally reassessed or at any other time when an order is made by the Government with respect to any estate, an Assistant Collector of the first class shall prepare a list of village cesses, if any, levied in the estate, which have been generally or specially approved by the Government.
3. (3) The Government may impose on the collection of any village cess comprised in the list prepared as above such conditions as to expenditure on Police or other establishments connected with the village market or fair as the Government may think fit.
4. (4) The Government may declare whether any particular cess, contribution or due levied in an estate is or in not a village cess and the said declaration shall be conclusive. A cess or contribution levied in an estate shall cease to be leviable if it is not included in the list of cesses declared leviable by the Government.

¹¹²⁹ Omitted.

¹¹³⁰ Omitted

¹¹³¹ Omitted.

1. (1) If a person required by a summons, notice, order or proclamation proceeding from a Revenue officer under the provisions of this Act to attend at a certain time at any place within the limits of his jurisdiction fails to comply with the requisition without a reasonable excuse, he shall be liable at the discretion of the Revenue officer to a fine which may extend to 1[rupees fifty thousand] but shall not be less than 1[rupees five thousand] in any case. 2[(2) The fine so imposed shall be recoverable as arrears of land revenue.]

1. (1) When land which has been reserved for the common purposes of the co-sharers therein has been encroached on by any co-sharer, a Revenue officer not below the rank of an Assistant Collector of the first class or the officer in-charge of the Settlement or an Assistant Collector of the first class subordinate to him may, on the application of any other co-sharer, eject the encroaching co-sharer from the land, and, by order duly proclaimed, forbid repetition of the encroachment. 1[(2) Prevention of encroachments on or cultivation of common land, or land reserved for public purposes or of which cultivation has been prohibited or is objectionable, or, by person, not entitled to, bring it under cultivation.––
   • (a) Subject to any law, agreement, custom, usage or any decree or order of any Court or other authority, for the time being in force, every person shall exercise the right of user in respect of any road, street, lane, path, Water Channel, Water Course and Water Source and other common land defined as such in any law or declared as such by the Government or the Board ;
   • (b) The right of user permitted by clause (a) shall not be deemed to include or otherwise confer, create or assign any right of encroachment, whether by means of construction, including fencing, walling or putting any barrier or by breaking up of land, diversion or otherwise. (2-A) Penalty for denial of or obstruction in the exercise of right or for encroachment.—(a) Where any person is denied, or obstructed in, the lawful exercise of his right of user as provided in sub-section (1), or where any person has taken possession of or brought under cultivation or otherwise encroached upon any common land as described above, or when any person, without due authority, has taken possession of land belonging to the Government, a Revenue Officer may, on his own motion or on the application of any person interested and after such enquiry as may be deemed necessary,––
     • (i) direct the free exercise of the right of user and the removal of the obstruction, where the exercise of such right is found to have been denied or obstructed ;
     • (ii) eject the person who has taken possession of or brought under cultivation or otherwise encroached upon such common land and take possession of such land without paying any compensation for crops or improvements, and may also, by order duly proclaimed, forbid repetition of the encroachment ;
     • (iii) inflict a fine not less than twenty five thousand rupees and as prescribed by Board from time to time, on such person or persons as are found to have denied or obstructed the exercise of the right of user in respect of or to have taken possession of or brought under cultivation or otherwise encroached upon such common land.
   • (b) Orders of removal of obstruction or ejectment under sub-section (3) shall be enforced in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908).
   • (c) Where the Government land has been encroached upon, the person committing the offence, on conviction by a Judicial Magistrate of first class shall, for each of such offence, be punishable with imprisonment of one year or a fine of not less than twenty-five thousand rupees or both.]
2. (3) When land has been brought under cultivation by a person entitled under the rules or orders in force to bring it under cultivation, but a Revenue officer not below the rank of Tehsildar in any enquiry made under section 24 of this Act finds that, for reasons to be recorded by him, the cultivation of such land should be prohibited, he may eject the person cultivating it and may, by order duly proclaimed, forbid its further cultivation. 2[(4) No compensation shall be claimed by any person for any damage which he may sustain in consequence of the dismantling of any structure or removal of any material from the site under this section.] 3[x x x x] 4[(6) In enforcing these orders a Revenue Officer shall have all the powers in regard to contempts, resistance and the like which a Civil Court may exercise in the execution of a decree.
3. (7) Any fine, if not paid in cash, shall be recovered as an arrear of land revenue.]

1[133-A. Restriction on conversion of agricultural land and process for permission of non-agriculture (NA) use. ––(1) Subject to the procedure notified in sub-section (4), no land used for agriculture purposes shall be used for any non-agricultural purposes except with the permission of the District Collector: Provided that the permission for conversion of land notified as Saffron Belt shall be made as per procedure prescribed under the Jammu and Kashmir Saffron Act, 2007 : Provided further that holder of any agriculture land may construct a residential house or erect farm building, grain storage, primary processing of agriculture produce, wells or tanks or make any other improvements thereon for residential purpose or agricultural improvement, on intimation to the Tehsildar concerned, however, the plinth area of such building or improvement shall not exceed four hundred Square meters in total : Provided also that any attempt to convert agriculture land for non-agriculture use by contravening the aforesaid provisos by way of fragmenting the land or otherwise shall be considered violation of the provisions of this Act.

1. (2) Notwithstanding anything contained in sub-section (1), an owner or occupant, who wishes to put his agricultural land into non-agricultural uses as provided in the regional plan, development plan or master plan as the case may be, shall do so it after payment of conversion charges as prescribed by the Board from time to time.
2. (3) Notwithstanding anything contained in sub-sections (1) and (2), no such permission shall be granted in the areas notified as Eco-sensitive Zone by the Government.
3. (4) The Board shall notify detailed procedure, prescribe forms and fix fee for conversion of agriculture land to non-agricultural purpose.]

1[133-B. No person shall––

1. (a) convert any water-surface, water field or floating field into land by filling or by any other process ;
2. (b) fill with earth, stones, rubble or any other matter or fence or enclose in any manner whatsoever, any water, for creating a water field or floating field or expanding the area of any authorised water field or a floating field ;
3. (c) use any water surface, water field or floating field for mooring a floating field (Radh) thereon within such limits as may by specified by the Government; in any lake in Kashmir Province without the permission in writing of the Government. EXPLANATION:––For purposes of this section “Lake in Kashmir Province”, means “Gagribal Lake”, “Dal Lake”, “Nagin Lake”, “Anchar Lake”, “Mansbal Lake”, “Hokarsar Lake”, “Haigam Rakh”, and such other lakes as may be notified by the Government from time to time and every such lake shall comprise of such areas, waters, water fields and floating fields as the Government may, by general or special order specify in respect of each lake.

1[133-BB. Restriction on use of grazing land, etc. and prohibition on transfer. ––(1) The land which is in the form of grazing land, arak, kap or kahi-krisham or which grows fuel or fodder and belongs to such class as is notified by the Government shall not be used for any other purpose except with the permission of the District Collector who shall accord permission only in accordance to the regulations notified by the Board : Provided that such permission shall be deemed to be accorded where land is being acquired permanently or hired temporarily for public purposes under the relevant Act : Provided further that the transfer of such land or any interest therein shall not be permissible and no documents relating to the transfer of such land shall be admitted to registration.

1. (2) The Board shall be competent to notify regulations for the purposes of this section.]

1[133-C. Land converted in violation to escheat to Government. ––(1) Any land converted for other purposes in violation of the provisions of section133-A or section133-B or 133-BB shall escheat to the Government.

1. (2) The Collector or any other officer as he may authorise, may direct such person to remove the contravention and restore the land or water-surface or water field or floating field, as the case may be, to its original condition by a particular date and if such person fails to do so, within the prescribed time, the Collector or such officer may, remove or cause to be removed the contravention and in doing so, may use such force as may be necessary and impose the cost of restoration thereof on the violator.
2. (3) Without prejudice to the provisions of sub-section (1) or sub-section (2), the person found to have contravened the provisions of section 133-A or section 133-B or Section 133-BB, shall be punishable by the Collector or any officer not below the rank of an Assistant Collector of the first class as may be authorised by him with penalty which may extend to twenty-five thousand rupees and till such time such contravention is removed he shall be punished further with a penalty of five thousand rupees for each day during which the contravention continues.
3. (4) (a) Any person aggrieved by an order made under section133-C or section 133-D, may prefer an appeal to the Divisional Commissioner within a period of thirty days from the date the order is passed.
   • (b) An appeal under clause (a) shall not operate as a stay of the proceedings under an order appealed from.
4. (5) Notwithstanding anything contained in any other law for the time being in force, nothing done or purporting to have been done by the Collector, or the officer authorised by him in this behalf, under sections 133-A, 133-B,133-BB or 133-C shall be called in question in any Court and no Court shall entertain any suit or proceeding or grant any injunction with respect to any action or thing or any matter for which a proceeding has been taken under the said provisions.]

Without prejudice to the provisions of section 133-C, the person found under that section to have contravened the provisions of section 133-A or section 133-B, shall be punishable by the Collector or any officer not below the rank of an Assistant Collector of the first class as may be authorised by him with fine which may extend to 1[twenty-five thousand rupees] and till such time such contravention is removed he shall be punished further with a fine of 1[five thousand rupees] for each day.

1133-E. Omitted.

1. (1) Any person aggrieved by an order made under section 133-C or section 133-D, may prefer an appeal to the Divisional Commissioner within a period of thirty days from the date the order is passed.
2. (2) An appeal under sub-section (1) shall not operate as a stay of the proceedings under an order appealed from : Provided that the Divisional Commissioner may stay the execution of the order under section 133-C and section 133-D, if he is satisfied that substantial loss may result to the party applying for stay of execution unless the order is made and that sufficient security has been given by the applicant for the due performance of such an order as may ultimately be binding upon him.

Notwithstanding anything contained in any other law for the time being in force, nothing done or purporting to have been done by the Collector, or the officer authorised by him in this behalf, under sections 133-A, 133-B, 133-C and 133-D or by the Divisional Commissioner under section 133-F, shall be called in question in any Court and no Court shall entertain any suit or proceeding or grant any injunction with respect to any action or thing or any matter for which a proceeding has been taken under the said provisions.]

1[133-H. Transfer of land to non-agriculturist barred. ––(1) Save as provided in this Act,––

1. (a) no sale (including sale in execution of a decree of a Civil court or for recovery of arrears of land revenue or for sum recoverable as arrears of land revenue), gift or exchange, or
2. (b) no mortgage of any land or interest therein, in which the possession of mortgaged property is delivered to the mortgagee, or
3. (c) no agreement made by instrument in writing for the sale, gift, exchange, or mortgage of the land, shall be valid in favour of a person who is not an agriculturist: Provided that the Government or an officer authorized by it in this behalf may grant permission to an agriculturist to alienate the land to a non- agriculturist by way of sale, gift, exchange or mortgage or for such agreement on such conditions as may be prescribed: Provided further that nothing in this sub-section shall bar lease of land or any other arrangement for entering into a farming or production agreement under the provisions of any law for the time being in force for the purpose of promotion of agriculture and improvement of land. Explanation:–– For the purpose of this section ,the expression––
4. (a) “agriculturist” means a person:––
   • (i) who cultivates land personally in the Union territory of Jammu and Kashmir as on such date as may be notified by the Government ; or
   • (ii) such category of persons as maybe notified by the Government from time to time.
5. (b) “land” means the land recorded as agricultural land including village abadideh, by whatever name called, in the revenue records being used for agriculture purposes or for purposes subservient to agriculture or for pasture or being used for residential purposes in rural areas.
6. (c) “to cultivate land personally” means to cultivate:––
   • (i) on one’s own account;
   • (ii) by one’s own labour;
   • (iii) by the labour of any member of one’s family; or
   • (iv) under the personal supervision of oneself or of any member of one‘s family by hired labour or by servants on wages payable in cash or kind but not in crop share.

1. (2) Nothing contained in sub-section (1) shall be deemed to prohibit the transfer of land, by any person or Government, as defined in sub-section (1) in favour of,––
   • (a) a land less person or a village artisan as per eligibility, residency conditions and procedure to be prescribed and notified by the Government ;
   • (b) any Government ;
   • (c) a Company or a Corporation or a Board established by or under a statute and owned and controlled by the Government or a Government Company as defined in the Companies Act, 2013 (18 of 2013) : Provided that the land under clauses (b) and (c) is acquired through the Government for public purpose under the relevant law in force.
2. (3) No Registrar or Sub-Registrar appointed under the Registration Act, 1908 (16 of 1908), shall register any document pertaining the transfer of land, which is in contravention of sub-section (1).
3. (4) Where––
   • (a) the Registrar or the Sub-Registrar, appointed under the Registration Act, 1908 916 of 1908), before whom any document pertaining to transfer of land is presented for registration comes to know or has reason to believe that the transfer of land is in contravention of sub-section (1) ;
   • (b) a Revenue Officer either on an application made to him or on receipt of any information from any source comes to know or has reason to believe that any land has been transferred or is being transferred in contravention of the provisions of sub-section (1), such Sub-Registrar, the Registrar or the Revenue Officer, as the case may be, shall make reference to the Deputy Commissioner of the District in which land or any part thereof is situated, and the Deputy Commissioner, on receipt of such reference or otherwise on receipt of such information shall after affording to the persons who are parties to the transfer, a reasonable opportunity of being heard and holding an enquiry, determine whether the transfer of land is or, is not in contravention of sub-section (1) and he shall, within three months from the date of receipt of reference made to him, record his decision thereon and intimate the findings to the Registrar, Sub-Registrar or the Revenue Officer concerned.
4. (5) The person aggrieved by the findings recorded by the Deputy Commissioner that a particular transfer of land is in contravention of the provisions of sub-section (1), or in absence of any decision/findings by the Deputy Commission in three months, may within a period of 30 days from the date on which the order of recording such findings is made by the Deputy Commissioner or three months from the date of reference to Deputy Commission or such longer period as the Divisional Commissioner may allow for reasons to be recorded in writing file an appeal to the Divisional Commissioner, to whom such Deputy Commissioner is subordinate, and the Divisional Commissioner may, after giving the parties an opportunity of being heard of the case from the Collector reverse, alter or confirm the order made by the Deputy Commissioner and the order made by the Divisional Commissioner shall be final and conclusive.
5. (6) (a) The Financial Commissioner may, either on a report of a Revenue Officer or on an application or of his own motion, call for the record of any proceedings which are pending before, or have been disposed of by, any Revenue Officer subordinate to him and in which no appeal lies thereto, for the purpose of satisfying himself as to the legality or propriety of such proceedings or order made therein and may pass such order in relation thereto as he may think fit.
   • (b) No order shall be passed under this sub-section which adversely affects any person unless such person has been given an opportunity of being heard.
6. (7) Where the Deputy Commissioner of the District under sub-section (6), in case an appeal is not made within the prescribed period or the Divisional Commissioner in appeal under sub-section (7) or the Financial Commissioner in revision, under sub section (8), decides that the transfer of land is in contravention of the provisions of sub-section (1), such transfer shall be void ab-initio and the land involved in such transfer together with structures, buildings or other attachments, if any, shall, in the prescribed manner, vest in the Government of the Union territory of Jammu and Kashmir free from all encumbrances.
7. (8) It shall be lawful for the Government of the Union territory of Jammu and Kashmir to make use of the land which is vested or may be vested in it under sub-section (4) or sub-section (9) for such purposes as it may deem fit to do so.
8. (9) The provision of this section shall come into effect from a date to be notified by the Government in the Official Gazette.

Notwithstanding anything contained in section 133-H and subject to such procedure, as may be prescribed in this regard, the Government may, by notification in the official Gazette, allow transfer of land, as defined in said section, in favour of eligible public trust established under law for charitable purpose and which is non-profitable in nature.

Notwithstanding anything contained in section 133-H and subject to such procedure, as may be prescribed in this regard, the Government may, by notification in the official Gazette, allow transfer of land, as defined in said section, in favour of a person or an institution for the purpose of promotion of healthcare or senior secondary or higher or specialized education in the Union territory of Jammu and Kashmir.

Notwithstanding anything contained in section 133-H and subject to such procedure, as may be prescribed in this regard, the Government may, by notification in the official Gazette, allow transfer of land, as defined in said section, in favour of any person, institution or corporation, for such industrial or commercial or housing purposes or agricultural purposes or any other public purpose as may be notified by the Government for industrial and commercial development of the union territory.

1. (1) Any non-agriculturist in whose favour land has been transferred under sections 133-H(1) and (2)(a), 133-I, 133-J and 133-K shall, irrespective of transfer of such land, continue to be a non-agriculturist for the purposes of section 133-H and he shall put the land to such use for which land has been transferred within, a period of five years : Provided that the Government may extend the above time period for a further period not exceeding two years on payment of penalty equal to one percent per month of the value of the land calculated on the basis of notified stamp duty rates applicable for such land.
2. (2) In case, such person fails to put the land for its intended use or diverts, without the permission of the Government, the said use for any other purpose or transfer by way of sale, gift or otherwise, the land so purchased by him shall vest in the Government free from all encumbrances.]

1. (1) Any record or paper which a village officer is required by any law or by any rule having the force of law to prepare or keep shall be deemed to be the property of the Government.
2. (2) A village officer shall, with respect to any such record or paper in his custody, be deemed for the purposes of 1[the Indian Evidence Act, 1872 (1 of 1872)], to be a public officer having the custody of a public document which any person has a right to inspect.

A Revenue officer may award or apportion the costs of any proceeding under this Act in any manner he thinks fit : Provided that, if he orders that the costs of any such proceeding shall not follow the event, he shall record his reasons for the order.

(1)1[An officer of the Revenue Department] or a person employed in a Revenue office or patwari or kanungo shall not––

1. (a) purchase or bid for, either in person or by agent, in his own name or that of another, or jointly or in shares with others, any property situated within his jurisdiction which any Revenue officer or Revenue Court has ordered to be sold, or
2. (b) in contravention of any rules made by the Government in this behalf, engage in trade.

1. (2) Nothing in sub-section (1) shall be deemed to preclude any person from becoming a member of a company incorporated under the Companies Act or any law in force in the 2[Union territory of Jammu and Kashmir] regarding the incorporation of companies.

1. (1) The Government may, in addition to any other rules which may be made by it under this Act, frame rules consistent with this Act and any other enactment for the time being in force––
   • (a) fixing the number and amount of the instalments, and the times and places and the manner, by, at, and in which any sum other than rent or land revenue, which is payable under this Act or of which a record has been made thereunder, is to be paid ;
   • (b) fixing the dates on which profits are to be divisible by headmen, or other persons by whom they are realised on behalf of co-sharers ;
   • (c) prescribing the fees to be charged for the service and execution of processes issued by Revenue officers and Revenue Courts, the mode in which those fees are to be collected, the number of persons to be employed in the service, and execution of those processes, and remuneration and duties of those persons ;
   • (d) regulating the procedure in cases where persons are entitled to inspect records of Revenue officers, or records or papers in the custody of village officers or to obtain copies of the same, and prescribing the fees payable for searches and copies ;
   • (e) prescribing forms for such books, entries, statistics and accounts as the Government thinks necessary to be kept, made or complied in Revenue offices, or submitted to any authority;
   • (f) declaring what shall be the language of any of those offices; and
   • (g) generally for carrying out the purposes of this Act.
2. (2) Until rules are made under clauses (a) and (b) of sub-section (1) the sums therein referred to shall be payable by instalments, at the times and places, and in the manner by, at, and in which they are now payable.

The rules to be framed under this Act shall be published in 1[Official Gazette] and shall take effect from such date as may be mentioned therein, provided that such date is not less than 2[fifteen days] after the publication.

The Government may by notification in the 1[Official Gazette] delegate any of its functions or powers under this Act to any person specified in such notification.

Except as otherwise provided by this Act–

1. (1) no Civil Court shall have jurisdiction in any matter which a Revenue officer is empowered by this Act to dispose of or take cognizance of ;
2. (2) a Civil Court shall not exercise jurisdiction over any of the following matters, namely:––
   • (i) any question as to the limits of any land which has been defined by a Revenue officer as land to which this Act does or does not apply ;
   • (ii) any claim to compel the performance of any duties imposed by this Act or any other enactment for the time being in force on any Revenue officer, as such ;
   • (iii) any claim to the office of 1[ x x x x x ] village officer or in respect of any injury caused by exclusion from such office or to compel the performance of the duties or a division of the emoluments thereof ;
   • (iv) any notification directing the making or revision of a record of-right ;
   • (v) the framing of a record-of-rights or annual record; or the preparation, signing or attestation of any of the documents included in such a record ;
   • (vi) the correction of any entry in a record-of-rights, annual record or register of mutations ;
   • (vii) any notification of the undertaking of the general reassessment of a district or tehsil having been sanctioned by the Government ;
   • (viii) the claim of any person to be liable for an assessment of land revenue or of any other revenue assessed under this Act ;
   • (ix) the amount of land revenue to be assessed on any estate or to be paid in respect of any holding under this Act ;
   • (x) the amount of, or the liability of any person to pay, any other revenue to be assessed under this Act, or any cess, charge or rate to be assessed on an estate or holding under this Act or any other enactment for the time being in force ;
   • (xi) any claim relating to the allowance to be received by a landholder who has given notice of his refusal to be liable for an assessment, or any claim connected with, or arising out of, any proceedings taken in consequence of the refusal of any person to be liable for an assessment under this Act ;
   • (xii) the formation of an estate out of waste-land ;
   • (xiii) any claim to hold free of revenue any land, mills, fisheries or natural products of land or water ;
   • (xiv) any claim connected with, or arising out of, the collection by the Government, or the enforcement by the Government of any process for the recovery of land revenue, or any sum recoverable as an arrear of land revenue ;
   • (xv) any claim to set aside, on any ground other than fraud, a sale for the recovery of an arrear of land revenue or any sum recoverable as an arrear of land revenue ;
   • (xvi) the amount of, or the liability of any person to pay any fees, fines, costs or other charges imposed under this Act ;
   • (xvii) any claim for partition of an estate, holding or tenancy, or any question connected with, or arising out of, proceedings for partition, unless such question is to be determined by a Civil Court as a question of title arising out of the said proceedings ; (xviii) any question as to the allotment of land on the partition of an estate, holding or tenancy, or as to the distribution of land revenue on the partition of an estate or holding, or as to the distribution of rent on the partition of a tenancy ;
   • (xix) any claim to set aside or disturb a division or appraisement of produce confirmed or varied by a Revenue officer under this Act ;
   • (xx) any question relating to the preparation of a list of village cesses or the imposition by the Government of conditions on the collection of such cesses ;
   • (xxi) any proceedings under this Act for the commutation of the dues of a superior land-holder ;
   • (xxii) any claim arising out of the enforcement of an agreement to render public service in lieu of payment of land revenue ; (xxiii) any claim arising out of the liability of an assignee of land revenue to pay a share of the cost of collecting or reassessing such revenue, or arising out of the liability of an assignee to pay out of assigned land revenue, or of a person who would be liable for land revenue if it had not been released, compounded for or redeemed to pay on the land revenue for which he would but for such release, composition or redemption be liable, such a percentage for the remuneration of a Zaildar, Inamdar or village officer as may be prescribed by rules for the time being in force under this Act ; and 2[(xxiv) the claim of any person for declaring ownership or any right in respect of grazing land and other prohibited Shamilat lands.]

1[140. Repeal. ––(1) The following Acts and all rules thereunder and orders previously issued regarding matters dealt with in these Acts so far as they may be repugnant to this Act, shall be considered to have been repealed:––

1. (a) The Jammu and Kashmir Alienation of Land Act, Samvat 1995 ;
2. (b) The Jammu and Kashmir Big Landed Estates Abolition Act, Samvat 2007 ;
3. (c) The Jammu and Kashmir Common Lands (Regulation) Act, 1956 ;
4. (d) The Jammu and Kashmir Consolidation of Holding Act, 1962 ;
5. (e) The Jammu and Kashmir Land Improvement Schemes Act, 1972 ;
6. (f) The Jammu and Kashmir Prevention of Fragmentation of Agricultural Holdings Act, 1960 ;
7. (g) The Jammu and Kashmir Prohibition of Conversion of Land and Alienation of Orchards Act, 1975 ;
8. (h) The Jammu and Kashmir Tenancy (Stay of Ejectment Proceedings) Act, 1966 ;
   • (i) The Jammu and Kashmir Tenancy Act, Svt.1980 ;
9. (j) The Jammu and Kashmir Utilization of Lands Act, Svt. 2010.

1. (2) The Financial Commissioner Revenue shall prepare details of all pending and residual issues due to repeal of the Acts as mentioned in subsection (1) and place it before the Board and the Board shall accordingly take all possible steps for expeditious resolution of disputes and shall ensure final adjudication by the 31st March, 2021 of all the residual matters on fast track basis in the manner provided in sub-section (3).
2. (3) All pending disputes, cases, litigations and other residual matters under the repealed laws mentioned in sub-section (1) shall be disposed of by any one or more of the following methods, namely:––
   • (a) by negotiation or third party mediation or conciliation or arbitration where no Government interest is involved ;
   • (b) by referring to Lok Adalat in consultation with standing counsel where no Government interest is involved.
3. (4) The Board shall be competent to delegate the powers to the Revenue officers for expeditious disposal of cases as it may deem fit.

1. (1) The Government may make rules for regularisation of unauthorised occupation, if any, arising on account of repeal of Acts under sub section (1) of section 140 : Provided that such regularization may be permitted subject to payment of levy or fees to the Government at a rate not less than the fifty percent of the circle rate notified by the Government for such type of land in the particular area : Provided further that no such regularization shall be permitted after 31st December, 2021.
2. (2) Notwithstanding such repeal, anything done, any action taken, any order or notification issued, under any of the provisions of law repealed under sub-section (1) of section 140 shall be deemed to have been done, taken or issued under the corresponding provisions of this Act, as if such provisions of this Act were in force on the day such thing was done, action was taken or order or notification was issued.

If any difficulty arises in giving the effect to the provisions of this Act, the Government may by Order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as it appears to be necessary or expedient for the purpose of removing the difficulty.]