Transfer of land to non-agriculturist barred.

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.