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Section 4: Vesting in the Union territory of Jammu and Kashmir of rights in land not held in personal cultivation.

The Jammu and Kashmir Agrarian Reforms Act, 1976Union territory Act of Jammu and Kashmir · Act 17 of 1976

(1) Notwithstanding anything contained in any law for the time being in force, but subject to the provisions of this Chapter, all rights, title and interest in land of any persons, not cultivating it personally in Kharif, 1971, shall be deemed to have extinguished and vested in the [Union territory of Jammu and Kashmir], free from all encumbrances, with effect from the first day of May, 1973.

(2) Nothing in sub-section (1) shall apply to––

[x x x x]

[(b) (i) unit of land not exceeding 182 kanals including residential sites Bedzars and Safedzars] ; and

(ii) [Land]

held by such places of worship, waqafs or Dharmshallas, as are recorded in the revenue records or [notified by the Government from time to time or donated for purposes of wakaf by any person professing Islam or used as a wakaf property] :

Provided that the rights of tenant thereof shall be heritable according to the law of succession applicable to occupancy tenants ;

[x x x x].

(c) land mentioned in Schedule II allotted to a displaced person :

Provided that :––

(i) such land and evacuees land, if any, allotted to the same displaced person, is situated in more than one village ; and

(ii) such displaced person cultivated personally the land in at least one village in Kharif, 1971.

Where this provision sits

ActThe Jammu and Kashmir Agrarian Reforms Act, 1976
Section4
Marginal noteVesting in the Union territory of Jammu and Kashmir of rights in land not held in personal cultivation.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. . Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
  • omitted. . Clause (a) omitted ibid.
  • substituted, Act No. V of 1978. . Clause (b) substituted by Act No. V of 1978, s. 4.
  • substituted, Act No. VI of 2002. . Substituted by Act No. VI of 2002, s. 2.
  • substituted. . Substituted for “notified by the Government from time to time” ibid.
  • omitted, Act No. V of 1978. . Words omitted by Act No. V of 1978, s. 4.

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