THE JAMMU AND KASHMIR AGRARIAN REFORMS ACT, 1976

AGRARIAN REFORMS ACT, 1976
(Act XVII of 1976 )



30 AGRARIAN REFORMS ACT, 1976



AGRARIAN REFORMS ACT, 1976  31

THE  JAMMU  AND  KASHMIR  AGRARIAN  REFORMS

ACT, 1976

Act No. XVII of 1976

CONTENTS

Preamble

Section

1. Short title, extent and commencement.

CHAPTER  I

PRELIMINARY.

2. Definitions.

3. Exceptions.

3-A.

CHAPTER  II

RESTRICTION  ON RIGHTS IN  LAND.

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

4-A. Cancellation of mutation.

5. Vesting  of   personally cultivated land in excess of ceiling area in the Union
territory of Jammu and Kashmir.

6. Vesting   of   dwelling house and  of  the  site thereunder   and  land appurtenant
thereto in the Union territory of Jammu and Kashmir in certain cases.

7. Resumption for bona fide  personal cultivation by ex-landlord.

8. Vesting of ownership rights in land in prospective owner.



32 AGRARIAN REFORMS ACT, 1976

Section.

9. Payment of rent by the tiller.

10. Mortgages of land.

11. Payment  in  lieu of extinguish-ment of rights in   land.

12. Private  agreement.

13. Restriction on utilization of land.

14. Optimum retainable area of land.

15. Disposal of surplus land.

16. Liability during interim period.

17. Omitted.

CHAPTER III

JURISDICTION  AND PROCEDURE.

18. Appointment, superintendence and control of Revenue Officers.

19. Powers of Revenue Officers.

20. Special powers of officers.

21. Appeals and revisions.

22. Limitation for appeals.

23. Inquiries  and  proceedings  to be judicial proceedings.

 24. Persons by whom appearances and applications may be made before a Rev-
enue Officer.

25. Bar   of  jurisdiction  of  Civil Court.



AGRARIAN REFORMS ACT, 1976  33

Section.

CHAPTER IV

SUPPLEMENTAL PROVISIONS

26. Omitted.

27. Implementation of the provisions of the Act.

28. Rights and liabilities of prospective owner.

 28-A. Prohibition   on   transfer  of  certain lands.

29. Indemnity.

30. Wrong or excess payment recoverable as arrears of land revenue.

31. Omitted.

32. Act to over-ride other laws.

33. Power to issue instructions.

34. Recoveries.

35. Transfer to defeat provisions of this law.

36. Declaration of restrictions imposed to be reasonable.

CHAPTER V

PENALTIES

37. Penalty for failure to furnish or for furnishing false return.

38. Penalty for contravention of any lawful order.

39. Penalty for damaging land.

CHAPTER VI

MISCELLANEOUS



34 AGRARIAN REFORMS ACT, 1976

Section.

40. Power to make rules.

41. Succession.

42. Inapplicability.

43. Repeal.

44. Validation.

Schedules

Schedule I

Schedule II

Schedule III

Part A

Part B

Part C

–––––––



AGRARIAN REFORMS ACT, 1976  35

THE JAMMU AND KASHMIR AGRARIAN REFORMS
ACT, 1976

Act  No.  XVII of  1976

[Received the assent of the Governor on 21st August, 1976 and published
in Government Gazette dated 21st August, 1976 (Extra)].

An Act to provide for transfer of land to tillers thereof subject to
certain conditions and for better utilisation of land in the State of Jammu and
Kashmir.

Be it enacted by the Jammu and Kashmir State Legislature in the
Twenty-seventh Year of the Republic of India as follows :––

1. Short title, extent and commencement.––(1) This Act may be called
the Jammu and Kashmir Agrarian Reforms Act, 1976.

(2) It shall extend to the 1[whole of the Union territory of Jammu and
Kashmir].

2[(3) It shall come into force with effect from such date as the Government
may, by notification in the Government Gazette, appoint].

CHAPTER  I

PRELIMINARY

         2. Definitions.––In this Act, unless the context otherwise requires ,––

“(1) “Board” means the Board of Revenue constituted under the Land
Revenue Act, Samvat 1996.”;

4[(1a)] ‘‘ceiling area’’ means the extent of land measuring twelve and a half
standard acres ;

5[ x x x x ]

1. Substituted for “whole of the State of Jammu and Kashmir” vide S.O. 3808 (E) of 2020
dated 26.10.2020.

2. Enforced by SRO 295 dated 1-6-1978 w. e. f. 13-7-1978.
3. Clause (1) inserted vide S.O. 3808 (E) of 2020 dated 26.10.2020.
4. Re-numbered ibid.
5. Omitted by Act No. V of 1978, s. 2



36 AGRARIAN REFORMS ACT, 1976

Category II One hundred and ten kanals ;

Category III One hundred and forty  kanals ;

Category IV One hundred and seventy-one kanals ;

1[(2) ‘‘Commissioner’’ means any person  appointed  to  be  the Agrarian
Reforms Commissioner under section 18 and includes any person
appointed to be the Joint Agrarian Reforms Commissioner under
that section] ;

(3) ‘‘defence force’’ means Army, Navy and Air Force of the Indian Union
and includes Border Security Force 2[Central Reserve Police, Assam
Rifles], Jammu and Kashmir Militia and Indo-Tibetan Border Force/
Police ;

(4) ‘‘demarcated forest’’ means a demarcated forest as defined in 3[the
Indian Forest Act, 1927(16 of 1927)] ;

(5) ‘‘evacuees’ land’’ means land which is evacuees’ property as defined
in the Jammu and Kashmir Evacuees’ (Administration of Property) Act,
Samvat 2006 ;

(6) ‘‘family’’ means husband, his wife and their children excluding––

(a) a married daughter ; and

(b) a major son separated from his father on or before the first
day of September, 1971 and holding land separately in his
name ;

(7) ‘‘head of the family’’ means the husband ; in case of his death,
wife ; where both are dead, major son, if any, included in the
family ; and in the absence of such major son, the guardian of the
minor children.

1. Clause (2) substituted by Act No. IX of 1987, s. 2
2. Words inserted by Act No. VII of 1979, s. 2.
3. Substituted for “the Jammu and Kashmir Forest Act, Samvat 1987 vide S.O. 3808 (E)

of 2020 dated 26.10.2020.



AGRARIAN REFORMS ACT, 1976  37

Explanation.–– Where the deceased husband had more than one  wife, each
wife along with her children will constitute a subordinate
unit of the family having a separate head in accordance with this
definition ;

(8) ‘‘intermediary’’ means a tenant not cultivating land personally and
includes a person claiming through him ;

(9) ‘‘land’’ means land which was occupied, or was let, for agricultural
purposes or for purposes subservient to agriculture or for pasture in
Kharif, 1971 and includes––

(a) structures on such land used for purposes connected with
agriculture ;

(b) areas covered by, or fields floating over, water ;

(c) forest lands and wooded wastes ;

(d) trees standing on land ; and

(e) 1[x x x x],

2[but does not include an orchard or] site of a building or a structure
within municipal area, town area, notified area or village abadi or any land
appurtenant to such building or structure ;

(10) ‘‘orchard’’ means a compact area of land having fruit trees grown
thereon or devoted to cultivation of fruit trees in such number
that the main use to which the land is put is growing of fruits
or fruit trees ;

(11) ‘‘owner’’ means a land-holder, as defined in the Jammu and Kashmir
Land Revenue Act, Samvat 1996 and includes a person claiming
through him ;

(12) ‘‘personal cultivation’’ by a person shall mean cultivation––

(a) by the person himself ; or

1. Sub-clause (e) to clause (9) omitted by Act No. V of 1978, s. 2.
2. Substituted ibid.



38 AGRARIAN REFORMS ACT, 1976

(b) by any member of the family, if any, to which he belongs ; or

(c) by a khana-nishin  daughter or khana-demad or a parent of
the person ; or

(d) by a son, adopted son or pisarparwardah, not included in the
family, if any, to which the said person belongs ; or

(e) by brother or sister of the person ; or

(f) in the case of such religious or charitable institutions of
public nature as are notified by the Government, by a member
of the management or, on behalf of the management, by a
servant or hired labourer on payment of wages otherwise than
as a share of crop ; or

(g) in the case of a person, who is minor, insane, physically
disabled or incapacitated by old age or infirmity, widow or
serving in defence force, or in detention or prison, by a
servant of hired labourer under the personal supervision of
the guardian or any agent of such person ; provided  that
such servant or hired labourer or guardian or agent does not
bear the risk or cost of cultivation nor receives wages or
remuneration as a share of crop ;

Explanations. ––(i) Unauthorised cultivation shall not be deemed to be
personal cultivation and, where land has been occupied unauthorisedly, the person
who, but for such unauthorised occupation, would have been personally
cultivating such land shall be deemed to be in personal cultivation :

Provided that in the case of land––

(a) which cannot thus be deemed to be in the personal  cultivation
of any person ; or

(b) covered by section 24 of the Jammu and Kashmir Big Landed Estates
Abolition Act, Svt. 2007 ; or

(c) rights wherein have been transferred against the provisions of any
law for the time being in force ;



AGRARIAN REFORMS ACT, 1976  39

personal cultivation shall be deemed to be that of the 1[Union territory of Jammu
and Kashmir] :

Provided further that only by reason of his having been in unauthorised
cultivation, such person shall not be ineligible for allotment of the land becoming
surplus under this Act, including such land.

(ii) Where any land has been exchanged in lieu of any other land as a
result of consolidation proceedings under the Jammu and Kashmir
Consolidation of Holdings Act, 1962, any person who was personally
cultivating land, so exchanged, in Kharif, 1971 shall be deemed to have
been personally cultivating, in that harvest, the land acquired in lieu of that
land.

(iii) Where any land has been left fallow during Kharif, 1971 in normal
course of agricultural husbandry, personal cultivation of such land in Kharif,
1971 shall be deemed to be of the person who personally cultivated it for three
consecutive harvests prior to Kharif, 1971.

(iv) Land under 1[x x x x] kah-krisham, pichi, bedzar or safedzar, land
growing fuel or fodder, and unculturable or banjar land situated outside
demarcated, undemarcated or berun-i-line forests, shall be deemed to be in
personal cultivation of the owner.

(v) Patches of gair-mumkin and zeri-sayah (under the shade of trees)
land existing in a survey number shall be deemed to have been in personal
cultivation of the person cultivating the rest of the land in such survey
number personally in Kharif, 1971.

(vi) Where land has been mortgaged with possession before or during
Kharif, 1971 and the mortgage has not been redeemed before the commencement
of this Act, the mortgagor shall, subject to the provisions of section 10, be
deemed to have been personally cultivating such land in Kharif, 1971.

(vii) Where possession of land has been obtained temporarily on bilateral
or trilateral basis or in lieu of payment of rent for purpose of transplanting
saffron bulbs, in accordance with the custom known locally as ‘kara-korh’ or
‘kadawar’ in saffron growing areas of Kashmir Valley, personal cultivation of
such land shall be deemed to be of that person who would, but for such custom,
have been cultivating it personally.

1. Substituted for “State” vide S.O. 3808 of 2020 dated 26.10.2020.
2. The word ‘orchard’ omitted by Act No. V of 1978, s. 2.



40 AGRARIAN REFORMS ACT, 1976

(viii) Personal cultivation by a person shall not cease to be so merely
because of engagement of hired labour :

Provided that the labour so engaged is supplemental to, and not in
substitution of, the labour of such person ; and that such labour is paid wages
in cash or kind but not in crop share.

(ix) For determining the person personally cultivating land during
Kharif, 1971,  entries in khasra girdawari shall be presumed to be true unless
the contrary is proved.

(x) Where a person, after having been inducted as tenant by alienee of
a limited owner, has been in continuous cultivating possession of such land
for not less than twenty years prior to Kharif, 1971, such person shall be deemed
to be in personal cultivation of such land, any judgment, decree or order of
any court or authority notwithstanding.

Note :––For purposes of this clause, ‘‘limited owner’’ shall have the meaning
as under the Mitakshara School of Hindu Law.

(13) ‘‘prescribed’’ means prescribed by rules made under this Act ;

(14) ‘‘prospective owner’’ means a person eligible, by or under this Act,
to be vested with the rights of an owner ;

(15) ‘‘Schedule’’ means a Schedule appended to this Act ;

(16) ‘‘standard acre’’ means a measure of an area convertible into an
ordinary acre of land in accordance with the provisions of
Schedule I ;

(17) ‘‘tiller” means tenant cultivating land personally and shall mean and
include a person who was tiller in Kharif, 1971 or his legal heirs
or his transferee in the case of any valid transfer of land made
between Ist September, 1971 and Ist May, 1973, subject to the
competent Revenue Officer being satisfied about the existence of
a bona fide transfer to this effect.

Explanation.––A person who migrated from his place of residence during
1965 due to unavoidable circumstances shall be deemed to be a tiller of the
land thus abandoned  by him if such land was in occupation of somebody else
as Supard-dar under orders of a competent authority ;



AGRARIAN REFORMS ACT, 1976  41

1 [(18) Words and expressions not defined in this Act shall have the
meaning as assigned to them in the 2[Majority Act, 1875 (9 of
1875)], the Jammu and Kashmir Tenancy Act, samvat 1980, the
Jammu and Kashmir Land Revenue Act, Samvat 1996, 3[x x x x].]

Explanation.––For purposes of clauses (8) and (11), where a person,
governed by Mitakshara School of Hindu Law, is recorded as owner or
intermediary of ancestral property, his male lineal descendents in the male line
of decent shall not, where he was alive on the first day of September, 1971,
be deemed to be owners or intermediaries, as the case may be, of such property.

3. Exceptions.––The provision of this Act, except those specified in
column 2 of the sub-joined table, shall not apply to the categories of land
specified in column I thereof :––

Column 1.  Column 2.

(a) Evacuees’ land ;

Provided that nothing herein shall–

(i) confer any ownership rights upon a dis-
placed or other person in any evacuees’
land ; or

(ii) affect or interfere with the rights of posses-
sion or legal obligation of a displaced or other
person conferred or imposed by or under any
law, rule or order, for the time being in force
in respect of such land.

(b) Land owned, held or acquired by the Gov-
ernment of Jammu and Kashmir or the
Government of India, other than,___

Clause (c) of sub-sec
tion (2) of section 4 and
sections 5, 7, 13 and 14
and sub-section (3) of
section 26.

Sections 26, 4[X X X]
38 and 39

1. Clause (18) substituted by Act No. V of 1978, s. 2.
2. Substituted by S.O. 3808 of 2020 dated 26.10.2020.
3. Certain words and figures omitted ibid.

4. Figure 31 omitted by Act No. XXXVIII of 1997, s. 2.



42 AGRARIAN REFORMS ACT, 1976

(i) land vested or deemed to have been
vested in the 1[Union territory of Jammu and
Kashmir] by or under this Act ; and

(ii) land described in Schedule II

(c) Land owned by any industrial or commercial
undertaking or set apart or acquired by the
Government for use for industrial or commercial or
residential purposes :

Provided  that exemption under this clause shall
cease to apply, if after such enquiry as may  be
prescribed, the Government is  of the opinion that
such  industrial  or  commercial undertaking has failed
to utilise the land for that purpose within such time
as may be prescribed.

(d) Land owned, held or acquired by such
educational and other public institutions as may be
notified by the Government.

(e) Land owned, held or acquired by the Uni-
versities of the 1[Union territory of Jammu and Kash-
mir] established by law and Municipalities, Town Area
Committees, Notified Area Committees, Cantonment
Boards and other local bodies and Panchayats of the
1[Union territory of Jammu and Kashmir].

(f) Land 3[x x x x], which is unculturable or in
the form of arak, kap or kah-i-krisham or which grows
fuel or fodder and belongs to such class as is notified
by the Government, not exceeding four standard acres
per family.

Explanation.––For purposes of clause (f) the area
should be unculturable or used for growing fuel or
fodder and also recorded as such in the revenue
records.

4(g) Omitted.

(h) Land––

(i) requisitioned under any law for the time
being in force ; or

Nil

Nil

Sections 13 2[XXX]

2[XXX]

2[XXX]

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
2. Omitted by Act No. XXXVIII of 1997, s. 2.
3. Words “outside the District of Ladakh” by S.O. 3808 (E) of 2020 dated 26.10.2020.
4. Clause (g) omitted ibid.



AGRARIAN REFORMS ACT, 1976  43

(ii) situate in depopulated villages of Poonch
and Rajouri Districts and notified as such by
the Government ; or

(iii) lying in such border areas as are declared
by the Government to be insecure for
cultivation :

Provided that such provisions of this Act, as are
notified by the Government, shall apply to such lands
as and when such lands are de-requisitioned or permitted
to be reoccupied or become secure for cultivation, as the
case may be,––

(i) Private springs, wells and village roads.

(j) Residential buildings or structures along with
sites thereunder and land appurtenant thereto :

Provided that the area under and appurtenant to
such residential building or structure does not, along
with land exempted by clause (1) and the area under and
appurtenant to a building in  municipal area, notified area,
town area or village abadi, exceed four kanals per family
:

Provided further that such exemption may be
utilised by a person for his personal use or for use by
a co-perative sociey, of which such person is a member,
or for both, subject to the condition that the aggregate
area so utilised does not exceed the maximum of four
kanals per family.

(k) Such land as is reserved by the Government
for grazing ground or for any public purpose.

(l) Land reserved or acquired for residential pur-
poses subject to the provisos to clause (j).

(m) Cemeteries and Burning or burial grounds and
land under places of worship or appurtenant thereto
according to the revenue records of Kharif, 1971.

(n) Land vested in the 2[Union territory of Jammu
and Kashmir] under the provisions of the Jammu and Kash-

1[XXX]

1[XXX]

Nil

1[X X X]

Section 38.

1[X X X]

Nil

1. Omitted by Act No. XXXVIII of 1997, s. 2.
2. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.



44 AGRARIAN REFORMS ACT, 1976

mir Big Landed Estates Abolition Act, Samvat 2007 and
retained under sub-section (2) of section 6 of the said Act ,__

(i) under personal cultivation ;

(ii) through a tiller.

(o) Land held by a co-operative farming society :

Provided that no sare-holder of the society   shall,
along with the other members of the family, if any, to
which he belongs hold land, including his share of
land in such society, in excess of the ceiling area.

1. Omitted  by  Act No. XXXVIII of 1997,  s.  2.
2. Section 3–A inserted by Act No. V of 1978, s. 3.
3. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.

Section 15 and clause
(a)  of section 16.

Sub-section (1) of
section 4, sections
5 and 6, and sub-sec-
tion (2) of section 8,
sub-sections (1) and
(8) of section 9, sec-
tion 15 and clause (b)
of section 16.

Section 13 1[X X X]

2[3-A. Notwithstanding anything to the contrary contained in this Act
or any other law for the time being in force, displaced persons cultivating
evacuees’ lands personally shall in respect thereof be deemed to be
occupancy tenants and recorded as such. They shall be liable to pay rent
equal to the amount of land revenue and cesses assessed thereon :

Provided that such displaced persons shall have right to transfer
their right of occupancy/tenancy by sale, mortgage or gift subject to the
provisions of the Alienation of Land Act, and the provisions of
section 60 of the J&K Tenancy Act, Samvat, 1980 shall not apply to such
transfer].

CHAPTER II

RESTRICTION ON RIGHTS IN LAND

4. Vesting in the 3[Union territory of Jammu and Kashmir] of rights
in land not held in personal cultivation. ––(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



AGRARIAN REFORMS ACT, 1976  45

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
2. Clause (a) omitted ibid.
3. Clause (b) substituted by Act No. V of 1978, s. 4.
4. Substituted  by Act No. VI of 2002,  s. 2.
5. Substituted for “notified by the Government from time to time” ibid.
6. Words omitted by Act No. V of 1978, s. 4.
7. Section 4-A inserted by Act No. VI of 2002, s. 3.

cultivating it personally in Kharif, 1971, shall be deemed to have extinguished
and vested in the 1[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––

2[x x x x]

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

(ii)  4[Land]

held by such places of worship, waqafs or Dharmshallas, as are recorded in
the revenue records or 5[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 ;

6[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.

7[4-A. Cancellation of mutation.— Notwithstanding anything contained
in any law for the time being in force or judgment or decree of a civil court
any mutation attested under sections 4, 8 or 12 of this Act after its
commencement, for any land mentioned in section 3 or sub-section (2) of
section 4 by any revenue officer either on his own or in pursuance of any



46 AGRARIAN REFORMS ACT, 1976

order of higher authority or order or judgement of a civil court shall be void,
ab initio].

5. Vesting of personally cultivated land in excess of ceiling area  in
the 1[Union territory of Jammu and Kashmir]. ––(1) Notwithstanding any-
thing contained in any law for the time being in force but subject to the
provisions of this Chapter—

(a) Where any land, held by an individual in personal cultivation
whether  as owner or as tenant or otherwise, was in excess of
the ceiling area on the first day of September, 1971, the rights,
title and interest of such individual in the excess land shall be
deemed to have vested in the 1[Union territory of Jammu and
Kashmir], free from all encumbrances, on the first day of May,
1973 ;

(b) Where aggregate land held in personal cultivation by the
members of a family, whether jointly or severally, as owners or
as tenants or otherwise, was in excess of the ceiling area on
the first day of September, 1971, the rights, title and  interest
of such members in the excess land shall be deemed to have
vested in the 1[Union territory of Jammu and Kashmir], free from
all encumbrances, on the first day of May, 1973.

(2) Such individual or the head of such family, as the case may be,
shall have the option of selecting, in such manner and subject to
such  conditions, as may be prescribed, the land such individual or family
desires to retain with himself or itself, as the case may be, within the
limits provided for by this Act, but no land in a demarcated forest shall
be so selected :

Provided that the selection made from the holdings of different members
of a family shall be proportionate to the area of land held by each member
of the family, unless the wife and the husband agree otherwise.

6. Vesting of dwelling house and of the site thereunder and land
appurtenant thereto in the 1[Union territory of Jammu and Kashmir] in
certain cases. ––(1) Notwithstanding anything contained in any other  law
for the time being in force or in any  contract, instrument, custom or usage
or in any judgment, decree or order of a Court, but subject to the provisions
of this Chapter ; where––

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.



AGRARIAN REFORMS ACT, 1976  47

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.

(a) a dwelling house was, on the first day of September, 1971,
occupied by a person who is a tiller or is a member of a
scheduled caste or is a landless agricultural labourer or is a
gujjar or a bakarwal or gaddi or is a landless labourer engaged
in occupation ancillary to agriculture ; and

(b) the site of such dwelling house and the land appurtenant
thereto is not owned by such person ;

the rights, title and interest in such dwelling house and the site thereunder
and land appurtenant thereto shall be deemed to have extinguished and
vested in the 1[Union territory of Jammu and Kashmir] on the first day of
May, 1973 :

Provided that rights, title and interest in such dwelling house shall not
vest in the 1[Union territory of Jammu and Kashmir] where it has been built
at the expense of such person or any of his predecessors-in-interest :

Provided further that where such person has been in occupation of such
dwelling house for a continuous period of ten years on the date of
commencement of this Act, he shall be deemed to have acquired ownership
of such dwelling house in lieu of service rendered by him to the owner of
land under and appurtenant to such dwelling house.

(2) The area under and appurtenant to such dwelling house as is
mentioned in sub-section (1) shall not, along with the area under and
appurtenant to a building in municipal area or town area or notified area or
village abadi and such land as is exempted by clauses (j) and (1) of section
3, exceed in the aggregate four kanals for such person and all the members
of the family, if any, to which he belongs.

7. Resumption for bona fide personal cultivation by ex-landlord.– (1)
Subject to the provisions of this section––

(a) an individual, whose rights in land have been extinguished by
section 4 and who was entitled to recover rent in Kharif, 1971
directly from the tiller, may resume land out side demarcated
forests for purposes of bona  fide personal cultivation ;

(b) where rights in land of one or more than one member of a
family have been extinguished by section 4 and such member
or members were entitled to recover rent in Kharif, 1971



48 AGRARIAN REFORMS ACT, 1976

1. Substituted by Act No.V of 1979, s. 2.
2. Substituted by Act No.VII of 1979, s. 3.
3. Substituted by Act No. IV of 1989, s. 2
4. Proviso inserted ibid.

directly from the tiller, such member or members may resume
land for bona fide personal cultivation ;

(c) a displaced person allotted evacuees’ land or land included in
Schedule II, who is not cultivating such land personally, may
resume such land for bona fide personal cultivation.

(2) Resumption of land permitted by sub-section (1) shall be subject
to the following conditions, namely :––

(a) the application for resumption shall be made in the prescribed
manner within 1[one year] of the commencement of this Act ;

(b) the applicant for resumption, shall  2[within six months from the
date of resumption of land] take up normal residence for the
purpose of cultivating such land personally in the village in
which the land sought to be resumed is situated or in an
adjoining village 3[except in the case of ––

(i) a person serving in defence force, who shall take up
such normal residence for personal cultivation within
six months of the date on which he ceases to serve
in defence force ; or

(ii) a widow or a person who is physically disabled or
incapacitated by old age or infirmity] :

Provided that in the case of land situated in an un-inhabited village on
or near the border, such residence shall be taken up within the period indicated
above in the nearest inhabited village or in the adjoining village :

Provided further that a displaced person who has been allotted land in
more than one village, shall take up such residence in any one of such villages
or in the adjoining village :

4[Provided also that a person who is minor or insane shall take up such
residence within six months of the date on which  he attains the age of majority
or attains sanity.]

(c) land held by a tiller paying rent at village rates (hasab-partadeh)
with or without malikana or by a tiller, who is an occupancy tenant,
shall not be resumed ;



AGRARIAN REFORMS ACT, 1976  49

1. Inserted by Act No. V of 1978, s. 5.
2. Clause ‘g’added ibid.
3. Fullstop substituted by colon and provisos added thereafter by Act No. V of 1978, s. 5.

(d) no person, who or any member of whose family, if any, is an
income-tax payer, shall be eligible to resume any land ;

(e) the person  who has transferred land by sale or gift or bequest
on or after first day of September, 1971 shall not be eligible to
resume land if the land so transferred was personally cultivated
by him prior to such transfer ;

(f) the extent of land that may be resumed shall, subject to the
provisions of sub-section (3), be determined in the following
manner, namely : ––

(i) where a person was entitled, as according to records, to
rent in kind from the tiller during Kharif, 1971, the extent
of the land resumable by such person shall bear the same
proportion to the total land comprising the tenancy as the
rent in kind bears to the total produce ;

(ii) where a person was entitled, as according to records, to
rent in cash during Kharif, 1971, the extent of land
resumable by such person shall be regulated by the extent
of rent in kind to which such rent in cash can be
commuted in accordance with the provisions of sub-
sections (3) and (8) of section 9 ;

(iii) a person serving in defence force on or after the 1st day
of April, 1965, 1[an ex-serviceman of the defence force] or
a widow or an orphan who is minor or a lunatic or an
imbecile, or an insane person or a person who is crippled
or incapacitated by old age or infirmity, shall be permitted
to resume land twenty per centum in excess of the land
otherwise resumable under sub-clauses (i) or (ii) ;

2[(g) no person, who or any member of whose family holds an
orchard exceeding one hundred kanals, shall be eligible to
resume land].

(3) The aggregate land that a person resuming land shall hold in
personal cultivation, after resumption, along with other members of the family,
if any, to which he belongs, shall not exceed  6.50 standard acres where such
person belongs to the category of persons mentioned in sub-clause (iii) of
clause (f) of sub-section (2) and five standard acres in other cases 3[:



50 AGRARIAN REFORMS ACT, 1976

Provided that an ex-servicemen of the defence force or a persons service
in defence force shall be allowed to hold one additional standard acre over
and above ceiling fixed in this sub-section :

Provided further that in the case of a person eligible to resume land
under clause (g) of sub-section (2),  the aggregate land including the orchard
held by him shall not exceed one hundred kanals].

(4) The person resuming land under this section shall be vested
with ownership rights in such land, other than evacuees’ land, and he shall
be placed in  possession thereof, after the tiller removes the crop, if any,
standing on such land and, where no crop is standing but the land has been
prepared for sowing, after such tiller is paid therefor in the prescribed  manner.

(5) Where any person resuming land under this section fails to
cultivate the land personally with in one year of entering into possession,
such land shall vest in the 1[Union territory of Jammu and Kashmir], except
where such failure is due to circumstances beyond his control.

(6) The identity of the land to be resumed shall be determined by a
Revenue Officer, in the prescribed manner, having regard to the reasonable
convenience of  both the parties :

Provided that land under and appurtenant to a dwelling house
mentioned in section 6 shall not be resumed.

Explanation.––For purposes of this sub-section, the land under and
appurtenant to the dwelling house shall not, along with the land exempted
by clauses (j) and (1) of section 3 and land under and appurtenant to a
building or structure in a municipal area, town area, notified area or village
abadi, exceed four kanals for a family.

(7) No resumption by consent shall be permissible if, as a result of such
consent, the ex-landlord is able to resume more land than he is entitled to
according to the provisions of this section.

2[(8) On and from such date as may be notified by the Government, no

application for resumption of land shall be entertained under this section.]

8. Vesting of ownership rights in land in prospective owner.—(1)
Notwithstanding anything contained in any law, for the time being in force, but
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
2. Sub-section (8) inserted ibid.



AGRARIAN REFORMS ACT, 1976  51

subject to the provisions of sections 5 and 14, where an ex-landlord resumes
land under section 7, the tiller, from whom land is so resumed, or his legal
heirs shall be vested with ownership rights in land left with him or his heirs,
as the case may be, after resumption in the following manner, namely :––

(a) Where the ex-landlord resumes the entire land permissible
under clause (f) of sub-section (2) of section 7, without payment
of any levy and has soon as the ex-landlord is given possession
of resumed land ; and

(b) Where the ex-landlord does not resume the entire land permitted
by clause (f) of sub-section (2) of section 7 because of the
provisions of sub-section (3) of section 7,––

(i) after payment of such levy in such manner as is provided
for in Schedule III for the portion of such land which,
though resumable by such ex-landlord under clause (f) of
sub-section (2) of section 7, is not resumed because of
the provisions of sub-section (3) of section 7 ; and

(ii) without payment of any levy and after the ex-landlord
is given possession of the resumed land, for the
portion of such land left with such tiller other than that
mentioned in sub-clause (i).

(2) Notwithstanding anything contained in any law for the time
being in force, but subject to the provisions of sections 5 and 14, where
an ex-owner/ex-intermediary does not or cannot resume any land, the tiller
of Kharif, 1971 holding land under him shall be vested with ownership
rights in such land after payment in full of such levy in such manner as
is provided for in Schedule III.

(3) A person mentioned in sub-section (1) of section 6, occupying
a dwelling house vested in the 1[Union territory of Jammu and Kashmir]
under section 6, shall, subject to the conditions mentioned in sub-section
(2) of the said section 6, be vested with ownership rights in such dwelling
house and the land under and  appurtenant to it, on payment of such
levy in such manner as is provided for in Schedule III, notwithstanding
anything contained in any other law for the time being in force.

(4) Where such land as is mentioned in sub-section (1) has been

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.



52 AGRARIAN REFORMS ACT, 1976

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
* Section 31 has been omitted by Act No. XXXVIII of 1997, s. 3. So the words “subject to

provisions of section 31” have become redundant and need to be deleted ........ (Editor).

or is declared for acquisition by the Government under any law for the
time being in force and the prospective owner thereof has not acquired
ownership rights until the date of such declaration, vesting of  ownership
rights until the date of such declaration, vesting of ownership rights in
such land in such person shall not be effective and the instalments of
levy, if any, paid shall be refunded to such  person in lump sum with
interest at five per centum per annum.

9. Payment of rent by the tiller. ––(1) A tiller shall, in respect of
land vested in the 1[Union territory of Jammu and Kashmir] by section
4, pay to the 1[Union territory of Jammu and Kashmir] rent, which was
payable by him to the ex-landlord prior to the first day, 1973 in such form
and in such manner as may be prescribed, until such land is resumed under
section 7 or until such tiller acquires ownership rights therein under
section 8.

(2) The Government shall arrange to pay such rent in such form and
such manner as may be prescribed, after deducting therefrom ten per centum
of the cash equivalent thereof as collection charges to the ex-landlord, or
to the person claiming through him, until such time as is specified in sub-
section (1).

(3) The Government shall notify from time to time the cash equivalent
of different types of agricultural produce for purposes of this section.

(4) Where the ex-landlord mentioned in sub-section (1) was an inter-
mediary holding land, prior to the first day of May, 1973, under an owner,
nothing herein shall be deemed to affect the liability of such intermediary
to pay rent (after deducting therefrom the share of collection charges
calculated on pro-rata basis) to such ex-owner for such land, and such rent
shall, after such deduction be payable by such ex-intermediary to such ex-
owner as if their rights had not been extinguished by section 4, and
provisions of the Jammu and Kashmir Tenancy Act, Samvat 1980 relating to
recovery of rent shall apply thereto.

(5) The right of ex-intermediary or ex-owner to recover rent for land from
the 1[Union territory of Jammu and Kashmir] or from such ex-intermediary,
as the case may be, shall be heritable according to the law of succession that
was applicable to him before the extinguishment of rights in such land and
shall also be transferable subject to provisions of section 31.*



AGRARIAN REFORMS ACT, 1976  53

(6) The liability for payment of land revenue together with cesses and
dues payable under any law or rule, for the time being in force of an ex-
owner of land shall continue during the period he is entitled to recover from
the Government or from the ex-intermediary, as the case maybe, rent under
this section, and for purposes of the Jammu and Kashmir Land Revenue Act,
1996 such ex-owner shall be deemed to be a land-holder.

(7) Arrears of rent accrued due from the first day of May, 1973 up
to the date of commencement of this Act shall also be recoverable by the
Government from the tillers in such form as may be notified and paid to the
ex-landlord after deducting ten per centum as collection charges.

(8) Where rent was recoverable in kind prior to the first day of May,
1973, the following rates of produce shall be assumed for purposes of
calculating rent recoverable from the prospective owner under this section,
namely :––

(i) where the prospective owner and the ex-owner agree, the rates
of produce so agreed upon by them ;

(ii) where there is no agreement between the prospective owner
and the ex-owner, chakla rates ;

(iii) where complaint is made to a revenue Officer that chakla
rates are higher than actual rates of produce, the rates of
produce that shall be determined by the Collector after
summary enquiry ; and

(iv) where chakla rates are not available, the rates that shall be
notified by the Government after necessary enquiry.

10. Mortgages of land.—(1) Where land, which has vested or vests
in the 1[Union territory of Jammu and Kashmir] by section 4 or section
5 or section 6, is subject to mortgage without possession and mortgage
subsists on the date when, in lieu of extinguishment of rights in such
land payment is to be made in accordance with the provisions of Schedule
III, the mortgagee shall be paid such amount, in such manner and in
accordance with such procedure, as is provided in the aforementioned
Schedule, anything to the contrary contained in any law, decree or order
of a Court or any contract notwithstanding.

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.



54 AGRARIAN REFORMS ACT, 1976

be put in possession thereof subject, however, to the payment
of amount, if any, due to the mortgagee :

Provided that, in calculating the amount due, interest shall be charged
only on the principal money, at a rate not higher than 5% per annum :

Provided  further that in no case shall the principal sum plus interest
thereon exceed one and a half times the principal money :

Provided also that where the  mortgagee has been in possession of the
mortgaged land for a period of ten years or the period during which the
mortgage was to subsist according to the terms of the mortgage deed,
whichever is less, it shall be conclusive proof of the fact that the  mortgagee
has received one and a half times the amount of principal money as well as
the cost of improvements, if any.

(c) Where the Collector finds that any sum is due to the  mortgagee
under clause (b), he may order the deposit of the amount found due
from the  mortgagor in such annual instalments, not exceeding ten,
as the Collector may, with due regard to the paying capacity of the
mortgagor, deem fit.

(d) In determining the amount due, the Collector shall give credit
to the mortgagor for the value of the benefits to be enjoyed
by the mortgagee during the period covered by the instalments.

(e) The Collector may order that, in lieu of the deposit of the
amount found due, the mortgagee shall enjoy the profits of the
mortgaged land for a period to be determined by the Collector
with due regard to the amount found due and the profits
accruing from the land :

Provided that such period shall not exceed ten years or the period during
which the mortgage was to subsist, according to the terms of  mortgage deed,
whichever is less, reckoned from the date the  mortgagee came into possession
of the land under the mortgage.

(f) The mortgagor shall be deemed to have complied with the
order of deposit if the whole of the amount found due is
deposited within the period covered by instalments.

11. Payment in lieu of extinguishment of rights in land.— Subject to
the other provisions of this Chapter, land and rights therein taken away or



AGRARIAN REFORMS ACT, 1976  55

abridged by section 4 or section 5 or section 6 shall be deemed to have
been acquired by the 1[Union territory of Jammu and Kashmir] with effect
from the date such land or rights are vested in it and payment in lieu thereof
shall be determined and made in accordance with the provisions of Schedule
III :

Provided that where an ex-landlord resumes land, he shall not be entitled
to any payment in lieu of extinguishment of his rights in the land, remaining
after resumption with the tiller, except for the area of land, if any, by which
the area actually allowed to be resumed under sub-section (3) of section 7
falls short of the area that was resumable under clause (f) of sub-section (2)
of  section 7 and the right of such ex-landlord to recover rent under section
9 shall cease, except to the extent indicated above, as soon as he is given
possession of resumed land :

Provided further that where any land is held by a person in personal
cultvatiuon he shall be entitled to compensation for his rights in any portion
of such land, as is within the ceiling area applicable to him under any law
for the time being in force or any building or structure standing thereon or
appurtenant thereto, at the market value thereof.

12. Private agreement.––Where an ex-owner of land, or, if such ex-
owner had an intermediary under him prior to the first day of May, 1973, such
ex-owner and such ex-intermediary jointly, and the prospective owner of such
land by an agreement in writing, duly registered under the Jammu and Kashmir
Registration Act, 1977 or authenticated by a Revenue Officer of a class not
lower than a Tehsildar––

(a) respectively acknowledge receipt and payment of an
agreed amount ; and/or

(b) admit having apportioned such land as between themselves in
an agreed manner and having entered into possession of their
respective shares in accordance therewith ;

such payment or such apportionment of land or both, as the case may be,
shall be given due effect and shall relieve the 1[Union territory of Jammu
and Kashmir] of its liability to make  payment to such person and also relieve
the prospective owner of his liability to pay levy to the 1[Union territory
of Jammu and Kashmir] :

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.



56 AGRARIAN REFORMS ACT, 1976

Provided that in case of apportionment of land the ex-landlord shall not
have in his share more land than could be resumed by him under clause (f)
of sub-section (2) of section 7, if he were otherwise eligible to resume land.

13. Restriction on utilization of land. ––1[x x x x]

(2) Except as otherwise provided in this Act, no tenancy created or
continued after the first day of May, 1973 in respect of any land shall be
valid.

1[x x x x]

14. Optimum retainable area of land. —2[(1) Save as provided in clause
(a) of sub-section (2) of section 4 of this Act, aggregate land held in ownership
or as tenant or otherwise by, or vested under this Act in, an individual or
all members of a family shall not exceed the ceiling area.]

(2) Where, after the first day of September, 1971, any land has been
or is acquired by any such place of worship or waqf or dharamshala or public
trust or institution or individual or member as is mentioned in sub-section
(1) by purchase gift, bequest, inheritance, mortgage, family settlement, degree
or order of a court or by any other mode whatsoever and in consequence
thereof, the total extent of land owned by such place of worship or waqf
or dharamshala or public trust or institution or individual or family, exceed
the limit provided for in sub-section (1), the retention or possession of such
land, as may be in excess shall, be invalid and all rights, title and interest
in such excess land shall extinguish and vest in the 3[Union territory of
Jammu and Kashmir].

15. Disposal of surplus land. —(1) The Government shall be competent,
subject to the provisions of sub-sections (2) and (3), to dispose of land,
vested or which may vest in the 3[Union territory of Jammu and Kashmir]
under this Act and become surplus and land, which is available under sub-
section (2) of section 6 of the Jammu and Kashmir Big Landed Estates
Abolition Act, Samvat 2007, in consideration of such levy as is provided for
in Schedule III and subject to such terms and conditions (including those
relating to reservation of adequate land for kahcarai) and in such manner, as
may be prescribed, anything contained in any law for the time being in force
notwithstanding :

1. Sub-sections (1) and (3) omitted by S.O. 3808 (E) of 2020 dated 26.10.2020.
2. Sub-section (1) substituted by Act No. V of 1978, s. 6.
3. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.



AGRARIAN REFORMS ACT, 1976  57

Provided that 1[x x x x] arak, kap,  kah-i-krisham and such areas growing
fuel or fodder as are notified under clause (f) of section 3 shall continue to
be used as such 1[x x x x] arak, kap, kah-i-krisham or for growing fuel or fodder,
as the case may be :

Provided further that where the Government is satisfied that any land
under use as an orchard has ceased to be fit for such continued use,
Government may permit alternative use of such land subject to the condition
that any excess area allowed beyond the normal  ceiling of 12.5 standard acres
on the consideration of the land being used as an orchard, shall vest in the
2[Union territory of Jammu and Kashmir] and be subject to disposal by the
2[Union territory of Jammu and Kashmir] in the manner provided under this
Act.

(2) The land becoming surplus under this Act shall be allotted according
to the priorities given below, namely :––

(a) first priority shall be given to tillers having less than the basic
area of 2.5 standard acres ;

(b) second priority shall be given to ex-owners having less than
the basic area of 2.5 standard acres ;

(c) third priority shall given to refugees of 1947 having less than
2.5 standard acres and having no other source of income ;

(d) fourth priority shall be given to landless agricultural labourers :

Provided that the landless persons of the same locality shall have
priority of claim over those residing outside such locality ;

(e) fifth priority shall be given to the refugees of 1947 having more
than 2.5 standard acres, but less than five standard acres;
provided  that all the members of the family of such refugee
are actually engaged in agriculture and reside in the village
in which the land is situate.

(3) In each category of eligible allottees mentioned in sub-section (2),
everything else being equal :––

1. The word ‘orchard’ omitted by Act No. V of 1978, s. 6.
2. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.



58 AGRARIAN REFORMS ACT, 1976

(a) first  preference shall  be  given  to  person serving in defence
force ;

(b) second preference shall be given to persons who were serving
in defence force on or after the first day of April, 1965 ;

(c) third preference shall be given to gujjars and bakarwals ; and

(d) last preference shall be given to other applicants.

(4) Only so much of surplus land shall be allotted to any eligible allottee
which along with the basic area already held by such allottee, adds up to
2.5 standard acres in the case of allottees falling under clauses (a), (b), (c)
and (d) of sub-section (2) and five standard acres in the case of allottees
falling under clause (e) of the aforementioned sub-section.

1[(4-a) Notwithstanding anything contained in the foregoing provisions
of this section, the Government shall be competent to give first priority to
the refugees of 1947 in the allotment of surplus land for making up the
deficiencies in the unit of land prescribed under any of the orders
issued by it in this behalf :

Provided that the aggregate land shall not exceed the ceiling
area.

(5) The person allotted land under this section shall be entitled to
acquire ownership rights of such land on payment of such levy in such manner
as is mentioned in part C of Schedule III.

Explanation.––For purpose of this section, ‘‘basic area’’, in ref-
erence to a person, shall mean the aggregate area of land, held as owner
or as tenant or otherwise, by a person and other members of his family,
if any, as it existed, in respect of refugees of 1947, in the year of
allotment in each individual case subject to such date being not later
than the first day of September, 1950, and in case of others, on the first
day of May, 1973.

16. Liability during interim period.–– Where land is held by a person––

(a) under sub-section (2) of section 6 of the Jammu and Kashmir
Big Landed Estates Abolition Act, Samvat 2007 ; or

1. Sub-section  (4-a) along with proviso inserted by Act No. VII of 1979, s. 4.



AGRARIAN REFORMS ACT, 1976  59

(b) in personal cultivation as owner or as tenant or allottee directly
under the 1[Union territory of Jammu and Kashmir] whose
rights, title and interest therein have been extinguished by
section 5 ;

such person shall be liable, in respect of such land from the date of
commencement of this Act until the entry into possession of the  allottee
of such land in pursuance of its disposal under this Act, to payment of rent
to the Government at the rate of forty times the sum of the land revenue
assessed  on, and cesses and other charges and dues payable for, such land
under any law for the time being in force.

217. Omitted.

CHAPTER III

JURISDICTION AND PROCEDURE

18. Appointment, superintendence  and  control of Revenue  Officer.—
1[(1) here shall be the following class of officers for the purposes of  this
Act who shall be appointed by the Government, by notification in the
Government Gazette, namely :––

(a) Commissioner Agrarian Reforms and Joint Commissioner Agrar-
ian Reforms ;

(b) Collector ;

(c) Assistant Commissioner ;

(d) Tehsildar ; and

(e) Nab-Tehsildar.

Every officer appointed by the Government under this sub-section shall
be deemed to be a Revenue Officer within the meaning of section 6 of the
Jammu and Kashmir Land Revenue Act, Samvat 1996 and shall exercise such
powers within such jurisdiction as the Government may, by notification in the
Government Gazette, specify].

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
2. Section 17 omitted by Act No. 34 of 2019, Table-2, S. No. 5.
3. Substituted by Act No. IV of 1989, s. 4.



60 AGRARIAN REFORMS ACT, 1976

(2) The general superintendence and control over such Revenue
Officers shall vest with the Government.

(3) Subject to the control of the Government, the Collectors, Assistant
Commissioners, Tehsildars and Naib-Tehsildars shall be subordinate to and
under the control of the Commissioner.

(4) Subject as aforesaid and to the control of the Commissioner, the
Assistant Commissioner, the Tehsildar and Naib-Tehsildar shall be subordinate
to and under control of the Collector.

(5) Subject as aforesaid and to the control of the Collector, the
Tehsildars and Naib-Tehsildars shall be subordinate to and under the control
of the Assistant Commissioner.

(6) Subject as aforesaid and to the control of the Assistant
Commissioner, the Naib-Tehsildar shall be subordinate to and under the
control of the Tehsildar.

19. Powers of  Revenue Officers. —(1) Unless the class of Revenue
Officers, by whom any function is to be discharged or any power is to be
exercised, is specified by or under this Act, the Government may, by
notification, determine the functions to be discharged or the powers to be
exercised under this Act by any class of Revenue Officers.

(2) The manner and procedure for the performance of duties, the
exercise and conferment of powers, distribution of business and withdrawl
and transfer of cases under this Act shall, save as otherwise provided by
or under this Act, be regulated by the Jammu and Kashmir Land Revenue
Act, samvat 1996 and the rules made thereunder.

1[x x x x]

(4) Any application, suit or proceeding of the kind mentioned in
sub-section (3), pending at the commencement of this Act before a Revenue
Officer subordinate to a Collector or any Civil or Revenue Court, shall be
transferred to the Collector having jurisdiction in the place in which the land
in dispute is situate.

2[(5) Any application, suit or proceeding relating to cases specified in
clause (e) of sub-section (3) which, immediately before the commencement

1. Sub-section (3) omitted by S.O. 3808 (E) of 2020 dated 26.10.2020.
2. Sub-section (5) substituted by Act No. IV of 1989, s. 4.



AGRARIAN REFORMS ACT, 1976  61

of the Jammu and Kashmir Agrarian Reforms (Amendment) Act, 1988 were
pending before any civil court, shall, on such commencement, stand transferred
to the  Collector having jurisdiction over the area in which the land in dispute
is situate, and the Collector shall in his capacity as the appellate or revisional
authority, as the case may be, dispose of the same in accordance with the
provisions of this Act].

20. Special powers of officers.–– The Revenue Officers and the
appellate and the revisional authorities, appointed by or under this Act,
shall have all the powers of a Civil Court while trying a suit under the
*[Code of Civil Procedure, Samvat 1977] in respect of the following matters,
namely :––

(a) summoning and enforcing the attendance of any person and
examining him on oath or on solemn affirmation ;

(b) production and discovery of documents ;

(c) proof of facts by affidavits ; and

(d) any other matter which may be prescribed ;

and every such officer or authority shall be deemed to be a Civil Court within
the meaning of **[sections 480 and 482 of the Code of Criminal Procedure,
Samvat 1989].

21. Appeals and revisions. —(1) Any person aggrieved by a final order
of a Collector or a Revenue Officer of a class lower than that of a Collector
may prefer an appeal to the Commissioner having jurisdiction in the area to
which the appeal relates.

1[x x x x].

(3) No application for review shall lie against any order passed under
Act or the rules made thereunder, but clerical or arithmetical mistakes in orders
or errors arising therein from any accidental slip or omission may, at any time,
be corrected by the authority which has made such order.

(4) First appeal against a final order  passed under the Jammu and
Kashmir Agrarian Reforms Act, 1972 or the rules framed thereunder pending

* Now Code of Civil Procedure, 1908 (5 of 1908).
* * Now sections 345 and 346 of Code of Criminal Procedure, 1973.
1. Sub-section (2) omitted by S.O. 3808 (E) of 2020 dated 26.10.2020.



62 AGRARIAN REFORMS ACT, 1976

at the commencement of this Act, shall be transferred to the Commissioner
having, jurisdiction in the area to which such appeal relates and the
Commissioner shall thereupon dispose of such appeal in accordance with the
provisions of this Act.

(5) Second appeal against a final order pending before the Financial
Commissioner or any revision against a final order pending before the Revenue
Minister under the Jammu and Kashmir Agrarian Reforms Act, 1972 or rules
framed thereunder shall be disposed of in accordance with the provisions of
this Act by the  Revenue Minister, the second appeal before the Financial
Commissioner being treated as an application for revision under this Act.

(6) Any appeal or revision against any other order passed under the
Jammu and Kashmir Agrarian Reforms Act, 1972 or the rules framed thereunder,
pending at the commencement of this Act, shall abate, but nothing herein
shall deprive an aggrieved party from contesting such order in an appeal or
a revision against a final order that may be passed in the proceedings from
which such appeal or revision had arisen.

(7) (a) Where in an appeal or revision, an application for stay is made,
the appellate or the revisional authority, as the case may be, shall  in all cases,
except where it appears that the object of granting stay would be defeated
by the delay, before granting the stay, direct notice of the application for the
same to be given to the opposite party.

(b) Where the appellate or revisional  authority grants a stay, such stay
shall be granted on such terms as to the duration thereof, keeping an account,
giving security or otherwise as the authority thinks fit.

(8) A stay, granted by an appellate or a revisional authority in an appeal
or revision shall, in cases where such appeal or revision stands transferred
by sub-section (4) to the Commissioner or by sub-section  (5) to the Revenue
Minister, stand vacated after a period of twenty days from the date of such
transfer unless such stay is  in the meanwhile re-affirmed in accordance with
the provisions of sub-section (7).

22. Limitation for appeals. ––(1) The period of limitation shall be
sixty days in the case of an appeal from the date of the order appealed
from :

Provided that the period of limitation  relating to cases in the district
of Ladakh, in the Sub-Division of Gurez, in Machhil Illaqa of Tehsil Kupwara

1. Substituted by Act No. IX of 1987, s. 3.



AGRARIAN REFORMS ACT, 1976  63

and Tehsil Karnah in the district of Baramulla, in Tehsil Gool Gulabgarh, in
Niabat Panchari of Tehsil Udhampur, in the territorial jurisdiction of Police
Station, Dudoo Basantgarh and Bermen and Gobin Illaqas of Tehsil Ramnagar
and in the Thakra Kote and Nagote Illaqas of Tehsil Reasi in the district of
Udhampur; in Tehsil Budhal in the district of Rajouri ;  in Niabat Banni in the
district of  Kathua ; and in Marew, Warwan and Paddar Illaqas of Kishtwar
in the district of  Doda ; and such other areas as may be notified by the
Government shall be one hundred and twenty days.

(2) Save as otherwise provided in sub-section (1), the provisions of 1[the
Limitation Act, 1963(36 of 1963)] shall apply to appeals under this Act.

2[x x x x].

23. Inquiries and proceedings to be judicial proceedings.––All inquiries
and proceedings before a Revenue Officer or authority appointed by or under
this Act, or the rules made thereunder, shall be deemed to be judicial
proceedings within the meaning of 3[sections 193, 219 and 228 of the Indian
Penal Code, 1860 (45 of 1860).

24. Persons by whom appearances and applications may be made
before a Revenue Officer. ––(1) Appearances and applications may be made
and acts done before a Revenue Officer by a person either personally or
through an authorised agent :

Provided that no legal practitioner shall appear as such as an authorised
agent in any proceedings under this Act, or rules made thereunder, except
before a Collector or an appellate or a revisional authority.

(2) Appearances may be put, applications made and acts done before
a Revenue Officer, or any authority, acting under this Act, on behalf of a family
by the head of such family.

4[(3) When the appellate or the revisional authority, as the case may
be, is holding office in a province other than the one to which the appeal
or revision pertains, the appeal may be preferred or the application for revision
may be presented, before a local Revenue Officer not below the rank of a
Tehsildar for transmission to such appellate or revisional authority :

1. Substituted for “Jammu and Kashmir Limitation Act, Samvat 1995” by S.O. 3808 (E)
of 2020 dated 26.10.2020.

2. Proviso omitted ibid.
3. Substituted ibid.
4. Substituted by Act No. IV of 1979, s. 3.



64 AGRARIAN REFORMS ACT, 1976

Provided that an appeal or application relating to the district of Ladakh
may always be presented before a local Revenue Officer not below the rank
of a Tehsildar for transmission to the appellate or revisional authority, as the
case may be].

25. Bar of jurisdiction of Civil Court.–– Notwithstanding anything
contained in any law for the time being in force––

(a) no Civil Court shall have jurisdiction to settle, decide or deal
with any question or to determine any matter arising under this
Act or the rules made thereunder ; and

(b) no order of any officer or authority passed under this Act
or the rules made  thereunder shall be called in question in any
Civil Court 1[x x x].

CHAPTER IV

SUPPLEMENTAL PROVISIONS

226. Omitted.

27. Implementation of the provisions of the Act. —(1) A Revenue Officer
may take or cause to be taken such steps and use or cause to be used such
force as may, in the opinion of such officer, be necessary to implement the
transfer of, eviction from or delivery of possession of, land under this Act,
notwithstanding anything contained in any other law for the time being in
force.

(2) Any person unauthorisedly occupying, or wrongfully in possession
of any land––

(a) the transfer or acquisition of which, either by the act of parties
or by the operation of law, is invalid under the  provisions of
this Act ; or

(b) to the use and occupation of which he is not entitled under any
provision of this Act ;

may be summarily evicted by a Revenue Officer.

1. Deleted by Act No. VIII of 1981, s. 3.
2. Section 26 omitted by S.O. 3808 (E) of 2020 dated 26.10.2020.



AGRARIAN REFORMS ACT, 1976  65

(3) At any time after the commencement of this Act it shall be lawful
for a Revenue Officer or authority to enter upon any land and make or cause
to be made any survey including measurements and do any other act which
he considers necessary for carrying out the purposes of this Act.

28. Rights and liabilities of prospective owner. —(1) Notwithstanding
anything contained in any law—

(a) a prospective owner of land eligible by or under this Act to
acquire ownership rights in land under his personal cultivation
shall continue to have all rights and be subject to all liabilities
(including the payment to the 1[Union territory of Jammu and
Kashmir] of the rent which was payable by him to the ex-
landlord before the commencement of the Jammu and Kashmir
Agrarian Reforms Act, 1972) as a tenant under the Jammu and
Kashmir Tenancy Act. 1980, until he is vested with ownership
rights in such land :

Provided that he shall be governed by the rules of succession
applicable to occupancy tenants until he becomes owner of such
land ;

(b) no prospective owner of land shall, 2[save as otherwise
provided in the proviso to clause (a) or in this clause] transfer
his rights in such land by sale, gift, exchange, mortgage, will
or by any other means whatsoever, and any transfer of such
rights made after the first day of  May, 1973 shall be null and
void and such rights shall vest in the 1[Union territory of Jammu
and Kashmir] and such prospective owner and his transferee
shall, after being given an opportunity of being heard be
dispossessed of such land by a Revenue Officer 3[x x x x] :

4[Provided that a prospective owner shall have the right to
transfer land in the form of simple mortgage subject to the
provisions of the Alienation of Land Act, for securing loan to
liquidate the amount of levy payable by him under this Act ; and]

(c) no document purporting to effect transfer by a prospective
owner of his rights in land shall be admitted to registration,

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
2. Substituted by Act No. IX of 1981, s. 2.
3. Omitted ibid.
4. Proviso inserted ibid.



66 AGRARIAN REFORMS ACT, 1976

1[except in respect of transfers effected under the proviso to clause (b)
of this section.]

2[28-A. Prohibition on transfer of certain lands. ––(1) Save as otherwise
provided in this section, no person who is vested with ownership rights in
land under this Act shall transfer such land or rights therein in any manner
whatsoever to any person other than Government or its agencies and
instrumentalities :

Provided that nothing in this sub-section shall prohibit:––

(a) transfer of such land ownership whereof has been vested in a
prospective owner under section 8 after the expiry of fifteen years from
the date such land has been vested in the State under section 4 of the
Act subject to the provisions of sections 133-H, 133-I, 133-J, 133-K and
133-L of the Jammu and Kashmir Land Revenue Act, Samvat, 1996 (Act
No. XII of Samvat 1996 ;

(b) grant of lease of land under the provisions of the Jammu and Kashmir
Land Revenue Act, Samvat, 1996 (Act No. XII of Samvat 1996) ;

(c) entering into Contract Farming under the provisions of Land Revenue
Act, Samvat, 1996 (Act No. XII of Samvat 1996) ;

(d) transfer of land in the form of simple mortgage for securing loan for
purposes of improvement of the land.

(2) Any transfer of land or rights therein made in contravention of sub-section
(1) shall be null and void. The person who has contravened the provisions of sub-
section (1) shall after being given an opportunity of being heard, be dispossessed
of such land by a Revenue Officer not below the rank of Tehsildar and the land shall
vest in the State and shall be disposed of in the manner as may be prescribed.]

29. Indemnity.–– No suit or other legal proceeding shall lie against any officer
or authority in respect of anything which is in good faith done or intended to be
done  under this Act.

30. Wrong or excess payment recoverable as arrears of land revenue.––
If  for any reason any amount not due to him or in excess of the amount

1. Added by Act No. IX of 1981, s. 2.
2. Section 28-A substituted by S.O. 3808 (E) of 2020 dated 26.10.2020. (For earlier

amendment see Act No. IV of 1989, s. 6).



AGRARIAN REFORMS ACT, 1976  67

due to him has been paid under this Act or the rules made thereunder to
any person, such amount or, as the case may be, the amount in excess shall
be recoverable from such person as arrears of  land revenue under the
provisions of the Jammu and Kashmir Land Revenue Act, Samvat 1996.

131. Omitted.

32. Act to over-ride other laws.–– The provisions of this Act and the
rules made and instructions issued thereunder shall have effect notwithstand-
ing anything contained in any other law or any custom or usage or in any
contract, express or implied, or in any instrument inconsistent with the
provisions of this Act.

33. Power to issue instructions.–– The Revenue Minister may, from time
to time issue such instructions not inconsistent with this Act, or the rules
made thereunder, as he may consider necessary for purpose of implementing
the provisions of this Act or the rules made thereunder.

34. Recoveries.— All costs incurred in attachment and auction proceed-
ings under section 26, all fines imposed on  a person and all arrears of rent
due to the 2[Union territory of Jammu and Kashmir] by or under this Act shall
be recoverable as arrears of land revenue.

35. Transfer to defeat provisions of this law.— Where, on or after the
first day of September, 1971, any land has been transferred by act of parties
or in compliance with a decree or order of a Court or a Revenue Officer or
by the operation of any other Act, and the transfer 3[x x x x] has the effect
of defeating the provisions of this Act, the land so transferred shall be deemed
to have been retained by the person who held such land immediately before
such transfer for purposes of calculating the area retainable under this Act
by him, anything to the contrary contained in this Act notwithstanding.

36. Declaration of restrictions  imposed to be reasonable.— For the
removal of doubts, it is hereby declared that restrictions imposed by section
28 4[x x x x] on the rights conferred by clause (1) of Article 19 of the
Constitution of India as applicable to the 2[Union territory of Jammu and
Kashmir] shall be deemed to be reasonable restrictions.

1. Section 31 omitted by Act No. XXXVIII of 1997, s. 3.
2. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.
3. Deleted by Act No. XXXVIII of 1997, s. 4.
2. Deleted ibid, s. 5.



68 AGRARIAN REFORMS ACT, 1976

CHAPTER V

PENALTIES

37. Penalty for failure to furnish or for furnishing false return. —(1)
If any person, who is under an obligation to furnish any return or information
by or under this Act refuses or, except for reasons beyond his control, fails
to furnish the return or information within the prescribed time, or furnishes
any return or information which he knows or has reason to believe to be false,
he shall be punished by a Revenue Officer with fine which may extend to
five thousand rupees.

(2) Without prejudice to the provisions of sub-section (1), where any
such person fails to furnish the return or furnishes a false return, the
Revenue Officer may, after giving him an opportunity of being heard by an
order, giving reasons therefor, himself prepare the return for such person and
such return shall, for all purposes, be deemed to be the return furnished by
such person.

38. Penalty for contravention of any lawful order. —(1) If any person
contravenes any provision of, or any lawful order passed under, this Act or
the rules made thereunder, or obstructs any person from lawfully taking
possession of any land under any provision of this Act, or the rules made
thereunder, he shall be punished by a Reveune Officer with fine which shall
not be less than one thousand rupees :

Provided that in case of felling or removal of trees, in contravention
of the provisions of this Act, the amount of fine for each tree so felled or
removed shall be an amount which may extend to rupees five hundred.

(2) If any person, having lawfully entered into or upon land under the
provisions of this Act, is dispossessed of such land by any  person, otherwise
than in due course of law the person so dispossessing shall be punished
by a Reveune Officer with fine which any extend to five thousand rupees
but which shall not be less than two thousand rupees.

(3) Any punishment imposed under sub-section (1) or sub-section (2)
upon any person shall not protect such person from any other criminal or
civil liability under any other law for the time being in force.

39. Penalty for damaging land.––If any person wilfully does or causes
to be done any act likely to damage any land, the land so damaged shall



AGRARIAN REFORMS ACT, 1976  69

be included within the ceiling area to which such person, along with other
members of his family, if any, is entitled.

CHAPTER VI

MISCELLANEOUS

40. Power to make rules. ––(1) The Government may make rules to carry
out the purposes of this Act.

(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely :––

(a) procedure for ascertainment of the person holding, or deemed
by this Act to have held, land in personal cultivation ;

(b) procedure for making records in  respect of lands held in excess
of the ceiling area and the extent, the identity and the nature
of rights held in such land ;

(c) ascertainment, determination and disposal of the excess land or
interest therein acquired under this Act ;

(d) the procedure for the disposal of surplus land, or interest
therein, under section 15 ;

(e) the matter in which option of selecting land under this Act is
exercised ;

(f) the classification, distribution, withdrawal and transfer of cases
or classes of cases among various officers and authorities under
this Act ;

(g) the manner in which extinguishment and acquisition of rights
in land by or under this Act are to be effected ;

(h) the preparation of the forms of any notice, return, or other
document whatsoever ;

(i) procedure regarding appeals and revisions and matters con-
nected therewith ;



70 AGRARIAN REFORMS ACT, 1976

(j) procedure for resumption and other proceedings and enquiries
under this Act ; and

(k) matters other than those referred to in the foregoing clauses
which are expressly required by this Act to be prescribed.

(3) Any rule made under this Act may provide that contravention thereof
shall be punished by a Revenue Officer with fine which may extend to five
thousand rupees.

41. Succession.–– Save as otherwise expressly provided, nothing in this
Act shall be construed to affect the personal or statutory law of succession
in respect of ownership rights applicable to a person.

42. Inapplicability. ––(1) With effect from the commencement of this
Act, the provisions of ––

(a) The Jammu and Kashmir Tenancy Act, Samvat 1980 ;

(b) The Jammu and Kashmir Alienation of Land Act, Samvat,  1995 ;

(c) The Jammu and Kashmir Land Revenue Act, Samvat, 1996 ;

(d) The Jammu and Kashmir Big Landed Estates Abolition Act,
Samvat, 2007 ;

(e) The Jammu and Kashmir Consolidation of Holdings Act, Samvat,
1962 ; and

(f) The Jammu and Kashmir Tenancy (Stay of Ejectment Pro-
ceedings) Act, 1996 ;

and the rules, standing orders, and instructions issued thereunder shall, so
far as they are inconsistent with the provisions of this Act and the rules framed
and instructions issued thereunder, cease to apply to the land to which this
Act applies.

(2) All applications, suits and proceedings, pending before any Revenue
Officer, Civil or Revenue Court, any authority acting under the Jammu and
Kashmir Consolidation of  Holdings  Act, Samvat, 1962 or the Government on
the date of the commencement of this Act under any of the provisions of
the Acts mentioned in sub-section (1) shall, so far as these are inconsistent
with the provisions of this Act, abate.



AGRARIAN REFORMS ACT, 1976  71

(3) Notwithstanding anything contained in sub-section (1), nothing
contained in this Act shall be deemed to effect the previous operation of the
Acts mentioned in sub-section (1) or any thing done or any action or
proceeding taken thereunder which thing, action or proceeding has finally
concluded under any of said Acts prior to the commencement of this Act.

43. Repeal. ––(1) With effect from the date this Acts comes into force,
the Jammu and Kashmir Agrarian Reforms Act, 1972 and the Jammu and Kashmir
Agrarian Reforms  (Suspension of Operation) Act, 1975 shall stand repealed
and any right accrued, liability  incurred or action taken under the Acts so
repealed, as is inconsistent with the provisions of this Act, shall be deemed
never to have accrued, incurred or taken, as the case may be.

(2) Subject to the provisions of sub-section (1), nothing contained in
this Act shall be deemed to effect anything duly done or suffered under the
Acts so repealed.

1[44. Validation. ––(1) Notwithstanding anything contained in any
judgement, decree or order of any Court—

(a) any officer who has functioned as Joint Agrarian Reforms
Commissioner prior to the commencement of  the Jammu and
Kashmir Agrarian Reforms (Amendment and Validation) Act,
1987 shall be and shall be deemed always to have been duly
appointed under the provisions of section 18 of this Act as if
an order appointing him as such officer under the provisions
of section 18 of this Acts as if an order appointing him as such
officer had duly been issued under said section 18 and as
amended by the aforesaid Amendment and validation Act ; and

(b) all acts, proceedings or things done or taken or orders made
by any such officer in his capacity as Joint Agrarian Reforms
Commissioner shall, for all purposes, be deemed to be and to
have always been done, taken, or made in accordance with the
law.

(2) No suit or other legal proceedings shall lie, or, if instituted shall be
proceeded within any Court against the Government or any authority sub-
ordinate to it on account of or in respect of any such order validated by
or under the provisions of this section].

–––––––
1.  Section 44 added by Act No. IX of 1987, s. 4.



72 AGRARIAN REFORMS ACT, 1976

SCHEDULE  I

Table showing

(i) Va l u e  i n  r u p e e s  a n d  p a i s e  o f  o n e  o r d i n a r y  a c r e  f o r
a c r e  t o  b e  e q u i v a l e n t  t o  o n e  s p a r i n g  r u p e e .

(ii) Equation between one standard acre and ordinary

I Region Category I Value Category II Value Category III

1 2 3         4 5           6

Kashmir All irrigated 1.40 All irrigated 1.00 All un-irrigated
Division lands of all lands of all lands    of     all
excluding classes, other classes, other classes,    other
Ladakh than    those than     those than  those men-
district mentioned mentioned tioned     under
Machhil under cate- under cate- categories V and

   Illaqa and gories V and gories V and VI, in the assess-
Gurez VI, in the VI, in the ment circles other
Niabat and assessment assessment than  those men-
Tehsils circles other circles given tioned     under
Karnah and than those below, namely ; Category IV.
Uri (includ- mentioned sailab, Nambal,
ing villages under Cate- Sailab and
which were gory II. Kandi,
part of
Tehsil Uri)
before 1947
and now
form part of
Tehsil Bara-
mulla.

Niabat Gurez Abi Soem
and Illaqa Abi Soem
Machhil. Labru Wari.

Tehsils Uri Hotar Awal. Hotar Doem
and Karnah, Lapara Abi. Maira Abi
including Sagzar Abi. Bagh Abi
villages of Lapara-
Tehsil Uri, Khushki
now forming Sagzar
a part of Tehsil Khushki.
Baramulla

District Ladakh. Maljing.Barjing
                                       or Barsad, Bagh,

Sagzar.



AGRARIAN REFORMS ACT, 1976  73

different categories of land as in Kharif, 1971 assuming one standard

kanals and marlas.

Value Category IV  Value Category  V   Value Category VI Value

7 8 9     10 11       12 13

0.85 All un-irrigat 0.70 Kap, kah-i- 0.55 All un-cultur- 0.10
ted lands of krisham, Bed- able land in
all classes zar, Safedzar, all  assess-
other than Pichi, all ment circles.
those men- banjar in all
tioned under assessment
categories V circle.
& VI, in the
assessment
circles given
below, namely:-
Sailab, Nambal,
Sailab and
Kandi.

Maldani. Labru Gair-mumkin

Maira Khushki Takki, Gair-mumkin.
Bagh Khushki. Banjar Kap

Thajing or Banjar Gair-mumkin.
Das, Ul or
Ulthang
Chhas, Sasik.



74 AGRARIAN REFORMS ACT, 1976

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3         4 5           6

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
District Gora Hail Gora Sailab Pail Asmani,
Jammu Abi, Hail Gora Hail Warhal Awal,

Nehri, Hail Barani, Hail, Maira Awal,
Abi, Gora Bagh Khushki Rohi
Abi, Gora Gora Chahi,
Nehri, Abi Chahi
Nehri, Bagh
Abi, Bagh
Nehri.

District Hail Abi, Hail Pail Pail-Abi-
Kathua Gora Abi Asmani Doem Abi

Awal, Hail Hail Abi, Doem Warhal
Nehri,Hail Awal, Hail Awal Ghhal,
Abi Awal, Abl Awal, Abi Bagh
Bagh  Abi. Chahi Abi, Khushki.

Gora Warhhai
Awal, Gora,
Abi Doem
Hail Pail
Abi, Hail
Chahi Abi,
Nehri, Hail
Chahi Gora
Chahi.

District Abi Awal Abi Doem
Poonch Hotar Awal Hotar Doem

Haili Abi Haili Miani
Bagh Abi Abi Bagh
Sagzar Abi. Khushki

Sagzar
Khushki.

District Hail Mang HailAbi, Abi,
Rajouri Nehri, Mang Nehri Mang

Hail Mang Gora Hall Asmani,
Hail Nehri, Hail Barani Warhal Awal
Nehri Hail Asmani Rohi Hail
Mang Abi. Bagh Abi Bagh Khushki

Hail pail Asmani
Hail Pail Barani
Gora barani
Hail Mang Asmani.



AGRARIAN REFORMS ACT, 1976  75

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
7 8 9         10 11           12

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sailab, Warhal Banjar, Arak, Gair-mumkin.
Doem, Maira Kap, Thangar.
Doem Kheri

Pail Asmani, Arak, Banjar, Gair-mumkin.
Warhal Doem, Khar khana
Sailab. Thangar,

Rakkar.

Hail Pail Abi

Miani Khushki. Kap, Banjar,Gair-mumkin.
Thangar,
Rakkar,
Kalsi.

Warhal Doem Kap
Sailab Jabbar Banjar
Rohi Jabbar Arak
Sailab Nambal. Thangar, Rakkar,Gair-mumkin.



76 AGRARIAN REFORMS ACT, 1976

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3         4 5           6

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
District Hail Nehri Hail Abi Abi Aarazi-
Udhampur Abi Dowami Hail Paniali Behail

Hailwali. Bagh Abi Lokhari Ghal
Nehri Hail Owdari
Kuthal Hail Bundhal
Abi Doami behail Warhal Awal
Lokhari Paniali Warhal Changi
Abi Aarzi Hailwali, Lokhari Odari
Lokhari Abi, Bagh Khushki
Chahi Hail Pail Asmani,
Abi and Hail
Barani.

District Hail Nehri Abi Doami Nehri Abi Aarzi
Doda Chhatar Hail- Chhath Abi Abi Harqism

Paniali Sograh and Hail- Lokhari, Paniali
Hail Chath Abi Chhath Hail and Hail
Hail Abi. Sogra and Hail Owdari.

Abi.

Abi Doami- Sogra Abi Bila Hail-
Hail, Hail- Abi Doami Nehri, Sakal
Abi-Har- and Abi Abi Doami
qism Aarzi Hail Owdri Hail
Dudgara. Raqbah Hail Warhal

Shaliwala Changi,Goral
Hail Chhath Sakal, Gora
Abi, owdar Sakal Hail
Abi and Hail Sogra
Sograh, Abi and Hail,
Ghar Sair Owdari,
and Ghar Owdari
Sair Abi Abi and
Ghar Sair Khushki,
Mustiqil sograh Abi
Abi Doami, Hail Ondali
Kuthal Abi, Lokhari Setar,
Nehri Abi Bila Hail
Gora Hail Bagh Khushki
Abi Aarzi Warhal Awal.
Bagh Abi

One 5 Kanals 8 Kanals.
standard and14
acre. marlas

appxt.



AGRARIAN REFORMS ACT, 1976  77

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
7 8 9         10 11    12         13

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Warhal Doem Banjar Gair-mnmkin.
Warhal Mandi Kap, Arak,
Lokhari Peri Thangar,
Oundli Rakkar.

Owdari Bila Hail Banjar Gair-mnmkin.
Warhal Doem Kap
Sakal and Sakal Thangar
Temper Rakkar.
Labru and Labru.

Hail
Dadru
Warhal
Mandhi,
Owdari
Lokhari
Behari,
Owdar
Chhan.

9 kanals 11 kanals 14  kanals 80 kanals
    and and and
8 marlas 9 marlas 11 marlas
appxt. appxt. appxt.



78 AGRARIAN REFORMS ACT, 1976

Note :–1. All water––logged areas to be classed as category V.

2. The class of soil shall be determined on the basis of the  position at  site
as in Kharif, 1971.

3. Any class of soil not indicated herein shall be added  to such
category as may be specified by the Revenue  Minister by a
Notification in this behalf.

4. Alkaline land in the following villages of Tehsil R. S. Pura and  such
other villages as may be notified by the Revenue Minister shall be
valued at Re. 0.55 per ordinary acre :––

1. Shibu Chak 20. Dalah

2. Dewan Garh 21. Seer

3. Barly 22. Dhokri

4. Chak Mulo 23. Chakrohi

5. Kannal 24. Kangrey

6. Kathar 25. Bidipur Jattan

7. Majua Uttam 26. Samka

8. Majua Lakhmi 27. Kaloyon

9. Mangal 28. Fateh Pur Salaria

10. Ailah 29. Raipur Saidan

11. Kitchpur 30. Saidhre

12. Pindi Charkan Kalan 31. Satowali

13. Salerh 32. Kot Kuba

14. Rakh Mangal 33. Pindi Salochan

15. Changla 34. Sahi

16. Badhur pur 35. Tip Toana

17. Trewa 36. Khoe

18. Tohana 37. Sidar ; and

19. Dablerh 38. Kotha Salerh



AGRARIAN REFORMS ACT, 1976  79

SCHEDULE  II

State land (including that allotted to a displaced person and subse-
quently  transferred to him in ownership under Government Order No. 254
of 1965) held under any of the following orders, namely :––

(a) Ailan No.14 dated 23rd Bhadun, 1971 regarding the then Tehsil
Basohli as reiterated by Ailan No. 34 dated 24th Chet, 1962
read with ailan No. 10 dated 24th Magh, 1934 (Prohibiting
Nautors in Dhar-Danger of the then Tehsil Basohli) ;

(b) Ailan No.15 dated 12th Bhadun, Samvat 1960, permitting Nautor
in illaqa Gurez ;

(c) Council Order No. 21-C of 1936 (regarding Ladakh and Gilgit
Districts) ;

(d) Council Order No. 38C of 1944 dated 4-1-1944 (regarding Jammu
province and the then Muzaffarabad district) ;

(e) Government Order No. 578/C of 1954  ;

(f) Government Order No. LB-6/C of 1958  ;

(g) Government Order No. LB-7/C of 1958  ;

(h) Government Order No. REH-371 of 1971 dated 9-9-1971  ;

(i) Council  Order 1234-C of 1939 dated Ist December, 1939 read
with Council Order No. 872-C of 1940 ;

(j) Council  Order 454-C of 1941 ; and

(k) Any other  Government Order  that may be notified by the
Government.

–––––––



80 AGRARIAN REFORMS ACT, 1976

SCHEDULE III

For purposes of this Schedule and unless otherwise indicated by the
context :––

(i) ‘‘compensation’’ means the sum of money payable for land at
market value ;

(ii) ‘‘amount’’ means the sum of money payable in lieu of extin-
guishment of rights in land at rates other than market rates.

–––––––

PART A

Amount

1. Procedure.––The amount payable in lieu of extinguishment of the
rights, title and interest in land and its apportionment shall be determined by
the Collector in the manner herein provided.

2. Determination of amount  and payment thereof.––(1) In determining
amount payable for land in lieu of  extinguishment of rights therein the
following principles shall be observed, namely :––

(a) Where the rent payable or recoverable in Kharif, 1971 was in kind
as according to records, the following value of land shall be assumed,
namely :––

Value assigned to one Value assumed for
ordinary acre by Schedule I one kanal
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Rs.  1.40 Rs. 1000
Re.  1.00 Rs.  650
Re.  0.85 Rs.  585
Re.  0.70 Rs.  250
Re.  0.55 Rs.  175
Re.  0.10 Rs.    30

(b) The amount payable for one kanal of each class of land to an
ex-landlord shall be such part of the assumed value shown in clause (a) as
is proportional to the quantum of net rent in kind which was recoverable by
such landlord in Kharif, 1971.



AGRARIAN REFORMS ACT, 1976  81

Illustration.––(i) A, an owner of 20 kanals of land, received rent in kind
at half produce from the tiller. The land is valued according to  Schedule I
at the rate of eighty-five paise per ordinary acre. He shall be entitled to an
amount of Rs. 585x20x ½=Rs. 5,850.

Illustration.––(ii) A, an owner of 20 kanals of land valued, according
to Schedule I, at Rs. 1.40 per ordinary acre, has an occupancy tenant B under
him. B recovers rent at half produce from the tiller and pays rent at ¼ produce
to the owner. A shall be entitled to an amount of Rs. 1000x20x¼=Rs. 5000.

(c) Where an intermediary received rent in kind and himself paid it in
cash, the amount payable to him shall be equivalent to the amount calculated
according to clauses (a) and (b) reduced by twenty times the rent in cash

 payable by him to the owner.

Illustration.—A, an owner of 15 kanals of land valued, according to
Schedule I, at 70 Paise  per ordinary acre, was receiving rent at the rate of
Re.1 per kanal plus an amount equivalent to land revenue @ Re. 0.50  per
kanal from B, an occupancy tenant, who was receiving rent at half produce
from the tiller. B is entiled to an amount of Rs. 250x15x½–20x 15x 1.50=Rs.1425.

(d) Where the rent received by an ex-owner/ex-intermediary was in cash
the amount payable to such  ex-owner/ex-intermediary shall be twenty times
the difference between the rent received and the land revenue or the rent
payable, as the case may be.

Illustration.—(i) A, an owner of land measuring 10 kanals, was getting
rent in cash equivalent to Rs. 10 (ten) plus land revenue from the tiller for
the entire land. A, shall get an amount of Rs. 20x10=Rs. 200 in lieu of
extinguishment of his rights in such land.

(ii) A, an owner of 16 kanals of land was receiving rent in cash
equivalent to Re.1 per kanal plus land revenue from B  an occupancy
tenant, who also was receiving rent in cash at  Rs. 10 per  kanal. The
land  revenue assessed  on  the  land  is  Re. 1 per  kanal. The amount
to which A is entitled is Rs. 20 x 16 x 1= Rs. 320 and the amount to which
B is Rs. 20 x 8x 16= Rs. 2,560.

(2) The amount payable to a superior owner in lieu of extinguishment
of his rights in land shall be twenty times the land revenue and, where the
rights of an inferior owner also are extinguished by section 4, he shall be
paid the amount calculated according to sub-para (1) reduced by twenty times
the land revenue.



82 AGRARIAN REFORMS ACT, 1976

(3) A tiller holding land in personal cultivation in excess of the ceiling
area, in which his rights have extinguished, shall be paid the difference
between the assumed value of such land, according to the table given in
clause (a) of sub-para (1) and the amount payable therefor to the ex-owner
and the ex-intermediary, if any, according to this paragraph.

3. The amount payable for treees shall be determined in the manner
given below, namely :—

(a) For trees standing in privately owned forests the amount shall
be half of the standard rates, as approved by the Forest
Department, subject to maximum of rupees one hunderd per
trees, to be determined by the Collector in consultation with
the senior-most officer of the Forest Department stationed in
the district and after hearing the ex-owner.

(b) For other trees the amount shall be half of the market value
subject to a maximum of rupees one hundred per tree, to be
determined by the Collector after hearing the ex-owner/ex-
intermediary and the tiller and consulting the senior-most officer
of the Horticulture or Forest Department  stationed in the
district according as the tree is or is not a fruit tree.

4. State land.—For the extinguishment of rights in land mentioned in
Schedule II and trees standing thereon one-third of the amount that should
have been payable under paras 2 and 3 shall be payable as amount :

Provided that amount for land,  in which a displaced person has been
given ownership rights by Government Order 254 of 1965 shall be calculated
according to paras 2 and 3.

5. Structure or dwelling house on land.—Where a structure or a
dwelling house mentioned in section 6 exists on land, the owner thereof shall,
in addition to the amount payable in respect of land,  be entitled to be paid
by the *[State Government] an amount equivalent to twenty per centum of
the market value of such structure or dwelling house, as the case may be.
The amount shall be determined by the Collector in consutation with the
concerned Executive Engineer of the Roads and Buildings Department :

Provided in respect of a structure only that its owner may in
lieu of such payment and with the permission of the Collector, remove
such structure from such land within the period specified by the

* Now Government of Union territory of Jammu and Kashmir.



AGRARIAN REFORMS ACT, 1976  83

Collector and he shall, for such removal, be entitled to enjoy all necessary
easements.

6. Private agreement.—Where an owner enters into an agreement duly
registered under the Jammu and Kashmir Registration Act, 1977 with the
prospective owner, whereby the latter owns having paid and the former
acknowledges the receipt of the amount payable in respect of a dwelling house
mentioned in section 6 such agreement shall be given due effect and shall
relieve  the prospective owner of his liability to pay the levy for such dwelling
house.

7. Apportionment of amount as between mortgagor and
mortgagee.––(1) Where the land, that has vested in the 1[Union territory of
Jammu and Kashmir] and for which amount is payable is subject to mortgage
without possession the following principles shall apply for apportionment of
the amount calculated according to the provisions of paras 2 and 3 as between
the mortgagor and the mortgagee namely :––

(a) Where the Collector finds that the aggregate sum repaid to the
mortgagee equals or exceeds one and a half times the principal
money or the amount payable for the land whichever is less,
he shall declare the mortgagee to have been redeemed and shall
make payment of the amount calculated in accordance with the
foregoing provisions to the mortgagor.

(b) Where the Collector finds that the  aggregate sum repaid to
the mortgagee is less than one and a half times the principal
money or  the amount  payable for the land, whichever is less
he shall direct payment of such sum of money to the mortgagee
as is necessary to bring up the total to one and a half times
the principal money or the amount payable for the land
whichever is less.

(2) Where the  mortgagor and  mortgagee enter into an agreement duly
registered under the J&K Registration Act, 1977, whereby the latter acknowl-
edges the receipt of the amount due to him under the mortgage, such
agreement shall be given due effect and shall entitle the mortgagor to receive
the full payment of the amount which he would have been entitled to if the
land had not been mortgaged.

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.



84 AGRARIAN REFORMS ACT, 1976

8. Payment of amount.––Subject to the provisions of sub-para (2) the
amount payable to a person in lieu of land, including trees and structures
and for a dwelling house mentioned in section 6, comprising a tenancy holding
(known in revenue parlance as Khata), whether held by one tenant or jointly
by several tenants, shall be paid by the Government in full and in one
instalment.

(2) The amount for trees situate in a forest as also the amount for trees
and land held by a tiller/tiller-owner in excess of the celling area shall be paid
in equal annual instalments not exceeding thirty :

Provided that no instalments shall be less than rupees five
hundred :

Provided further that where the total amount so payable  for trees is
rupees five thousand or less it shall be paid in one  instalment :

Provided also that the  Revenue Minister, or an officer nominated by
him in this behalf may permit felling and removal of a tree for genuine personal
and domestic use of the ex-owner in the National Extension Service Block
in which the forest is situate.

PART B

COMPENSATION

1. Compensation payable for land under the Act shall be assessed by
the Collector and shall be the market value thereof prevailing on the first day
of May, 1973 or the date of comemncement of this Act, whichever is less.

(2) The Collector shall cause such land as is mentioned in para 1 to
be measured and a plan prepared of the same. He shall then cause public
notice to be given at convenient places on or near the land and shall require
all persons, including mortagagees, if any, entitled to receive compensation
therefor to appear personally or by an authorised agent before him at a time
and place therein mentioned and state the nature of their respective interests
in the land and the amount and particulars of their claims to compensation
for such interest. Such notice shall be served also on all persons having
interest in such land.

3. On the date so fixed, or on the date to which the enquiry has been
adjourned, the Collector shall proceed to enquire into the objections, if any,
made, and shall, after giving an opportunity of being heard to every interested



AGRARIAN REFORMS ACT, 1976  85

person and after examining any person whom he may think necessary to
examine, determine the amount of compensation which, in his opinion,  should
be paid for the land  in which the rights and interests have extinguished and
vested in the 1[Union territory of Jammu and Kashmir].

4.  (a) If the compensation so assessed does not exceed rupees
twenty-five thousand, the Collector shall pass an order indicating––

(i) the area of the land ;

(ii) the compensation  payable for  the land  ;

(iii) the apportionment of such compensation among all the persons
entitled thereto ; and

(iv) reasons for the order including reasons why compensation  is
payable at market rates.

(b) (i) If the compensation  so assessed exceeds rupees twenty-five
thousand, the Collector shall submit the case to the Commis-
sioner with a report containing all the particulars and reasons
as are mentioned in clause (a).

(ii) Whereas the Commissioner finds that the amount of compensa-
tion does not exceed rupees fifty thousand, he shall  pass an
order accordingly indicating reasons therefor.

(c) (i) The Commissioner shall submit the case to the Revenue Minister
if more than rupees fifty thousand, are payable as compensation.

(ii) The Revenue Minister on receiving a case submitted to him under
sub-clause (i) shall pass an order thereon giving reasons therefor.

(d) The Collector, the Commissioner and the Revenue Minister shall give
an opportunity of being heard to the interested persons before
passing an order under clause (a), sub-clause (ii) of  clause (b) and
sub-clause (ii) of clause (c), as the case may be.

5. (i) The compensation shall be payable in such equal annual
instalments, not exceeding twenty, as may be notified by the
Government.

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.



86 AGRARIAN REFORMS ACT, 1976

(ii) First instalment of compensation shall be paid within six months

of the date on which possession of the land, for which such

compensation is payable, is given to the allottee thereof under

the Act.

PART C

1. (a) Levy recoverable from a prospective owner, who was a tiller

of land in Kharif, 1971, for land, trees, structure or a dwelling house standing

thereon shall be the amount payable for such land, trees, dwelling house

and structures and calculated according to the provisions of PART A,

increased by 10% thereof.

(b) Levy  recoverable from allottees of land vested in the 1[Union

territory of Jammu and Kashmir] under the provisions of the Jammu and

Kashmir Big Landed Estates Abolition Act, 1950 and held as a temporary

measure under sub-section (2) of section 6 thereof shall be the value for such

land assumed by clause (a) of sub-para (1) of para 2 and the value of trees,

structures and dwelling house calculated in accordance with the provisions

of  PART  A,  both increased by  10% thereof.

2. Levy  recoverable for land, becoming surplus under section 5 and

held on the first day of September, 1971 in personal cultivation by the owner

thereof in excess of the ceiling area and subsequently allotted under the Act,

shal be the value of such land ascertained in accordance with the provisions

of  PART B.

3. The amount of levy mentioned in para I shall be payable by the

prospective owner or, where more than one prospective owner share the same

tenency holding (Khata), all such prospective owners either in lum sum or

in instalments :

Provided that where payment is made in instalments the Government

may invest such instalments of levy in a manner it deems fit, giving credit

of the interest accruing thereon to such prospective owner after deducting

therefrom the administration charges :

1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.



AGRARIAN REFORMS ACT, 1976  87

Provided further that where payment is made in instalments, payment

to the ex-owner/ex-intermediary shall be made after the full amount payable

to him accrues to the credit of such prospective owner or prospective owners,

as the case may be.

4. The amount of levy mentioned in para 2 shall be recoverable in

annual instalments not exceeding twenty.

5. Mere payment of levy by a person shall not by itself confer on

him any right of acquiring ownership of land.

–––––––



88 AGRARIAN REFORMS ACT, 1976


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