JAMMU AND KASHMIR AGRARIAN REFORMS ACT 1976

General:- With the end of Dogra rule in the year 1947, a new era of democratic and constitutional
government came to prevail in the state. A historical legislation called the Jammu and Kashmir Big Landed
Estate Abolition act 2007 (samvat) was passed. The Act abolished the big landed estates by fixing the
ceiling area. The Act declared that no proprietor shall at any time hold more than 182 kanals of land in
ownership. Similarly it provided ceiling for tiller by declaring that no tiller to whom land has been
transferred shall at any time hold more than 160 kanals of land in ownership rights. The rights and interests
in the land exceeding the ceiling area extinguished and goes to state.

The object of the above Act was not to abolish landlordism altogether, as the Act allowed the landlords to
cultivate the land through the tenants provided the land is within ceiling area. in the year 1972, The Jammu
and Kashmir Agrarian Reforms Act 1972 was enacted to provide for comprehensive legislation relating to
further land reforms in the state. The object of the Act was to abolish the system of the absentee
landlordism, to make tillers the owner and to set a ceiling on land holding.

In TaramaniBadial v Thakur Dass&orsthe J&K High Court held that the fundamental purpose of the Act
was the abolition of ownership of land which were not held in personal cultivation by the owner but were
held by the tenants.

This Act however instead of introducing reforms in agricultural estates gave arise to unnecessary litigations,
created chaos and confusion and caused hardships to landlord as well as to the tenants and the main
reason behind this was its bad drafting. The J&K High Court in the above cited case while dealing with this
aspect observed,” …the new Act is not well drafted and this appears to me to be one of the main reason
which has made its underlining scheme obscure and rendered it difficult for most of the people to
comprehend its scope and content. I apprehend that the imperfections in drafting might even lead to
unnecessary litigation. The government will be well advised to have the Act examined from the drafting
point of view and take steps to remove the drafting errors and imperfections, if any, detected as a result
of such examination.”

In order to remove the defects and to review it with a view to provide for more equitable distribution and
better utilization of the land suited to the circumstances of the state, The J&K agrarian Reforms Act
1972 was kept in suspension from 25th of March 1975 by means of The J&K Agrarian Reforms(Suspension
of Operation) Act 1975 and a new Act was passed in 1976 Known as J&K agrarian Reforms Act 1976.

OBJECT OF THE J&K AGRARIAN REFORMS ACT 1976

The following are some of the main objects of the Act:-

1. Transfer ownership rights in land to tiller thereof except in case of land belonging to places of
worship including Gumpas of Ladakh district, public trusts or institution of a charitable nature. 2. Fixes
ceiling on land
 3. Ensure that with a few exceptions which are in general public interest ownership follows personal
cultivation.
4. Provide rehabilitation facilities for parties expropriated from land by permitting resumption in
certain cases.
5. Provide surplus land to the landless and poor persons.

CONSTITUTIONAL VALIDITY OF THE J&K AGRARIAN REFORMS ACT 1976

The constitutional validity of the Act was challenged before the Supreme Court in PremnathRaina v
State f J&K on the ground that it is violative of Art. 14, 19 and 31 of the Constitution. The Supreme
Court while holding its constitutional validity observed that,

“In our case the dominant purpose of the statute is to bring about a just and equitable redistribution
of the land, which is achieved by making the tiller of the soil the owner of the land which he cultivates
and by imposing a ceiling on the extent of land which any person, whether landlord or tenant can
hold. Considering the scheme and purpose of the Act, we can’t but hold that the act is a measure of
agrarian reforms and is saved by article 31A of the Constitution from the challenge under article 14,
19, 31.

MEASUREMENT OF LAND IN KASHMIR

The peasants in the valley usually referred his area of land in terms ofTrakh, Kanal and Mannut.

• One Mannut of land is equal to 10 marlas of land.

• One kanal is equal to twomannuts or 20 marlas.
• Onetrakh is equal to two kanals or four mannut or 40 marlas.

Nowadays the land is measured in square feet and in terms of such measurement one marla is equal to
272 ¼ square feet and one kanal of land which constitutes 20 marlas is equal to 5445 square feet.

DEFINITIONS (SECTION 2-3)

Under section 2 of the Act certain terms, which are used in the Act has been defined and section 3 is a

sort of exceptions to the whole scheme of the Act. Some of the important terms which are defined under
section 2 of the Act are as under:

CEILING AREA:-section 2(1) of the Act defines the ceiling area. the provision reads as under,

In this Act, unless the context otherwise requires:

“ceiling area” meansthe extent of land measuring twelve and a half standard acres;

Category II 110 kanals

Category III 140 kanals

Category IV 171 kanals.

The definition of the ceiling area is to be read with the definition of “standard Acre” which is given under
clause 16 of section 2. According to clause 16 “standard acre” means a measure of an area convertible into
an ordinary acre of land in accordance with the provisions of schedule I. According to Schedule I of the
Act, the value of one standard acre is equivalent to one rupee. Therefore the ceiling area i.e., 12 and half
acre of land when reckoned according to schedule I come to rupees 12.50. One standard acre is equal to
5 kanals and 14 Marlas as per schedule. Therefore on calculation 12.5 standard acres comes to 71 kanals
and 9 Marlas. Where the entire land falls in the category II, III and IV of the schedule I, the ceiling area
shall not exceed 110 kanals, 140 kanals and 171 kanals respectively.

FAMILY:-section 2 (6) defines family as, family means husband, his wife and their children’s 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.

INTERMEDIARY:- under section 2 (8) intermediary means a tenant not cultivating land personally and
includes a person claiming through him.

LAND:-Under section 2 (9) land is defined as under;

Land means land which was under occupied or was let for agricultural purpose or for purposes subservient
to agriculture or for pasture in Kharif, 1971 and includes;

a) Structures on such land used for purposes connected with the agriculture;
b) Area covered by or fields floating over water;
c) Forest land and wooded wastes and
d) Trees standing on land.

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.

On its plain terms, land as defined in section 2 (9) of the Act, means land which is used for agricultural
purposes or for purposes subservient to agriculture or for pasture. So “Banger Qadam” and “gairmumkin”
land is not included in the definition of land. Banger Qadammeans a land which has not been cultivated
for five consecutive years and GairMumkin land means a land which has for any reason became
uncultivable such as land under road, canal, tanks etc.. Similarly AbadiDeh land and kahcharari land is
excluded from the definition of land. AbadiDeh land means a land which is reserved for the constructions
of residential houses in the villages and the Kahcharariland means a land which is reserved for grazing
purposes in villages.
OWNER:-Under section 2 (11) owner means a land holder, as defined in the J&K Land Revenue Act, samvat
1996 and includes a person claiming through him.

So the Act adopts the definition of land holder as defined in the Land Revenue Act for owner. Section 2(3)
of the Land Revenue Act defined land holder as;

Land holder does not include a tenant or an assignee of land revenue, but includes land owner, Chakdar
and a person to whom holding has been transferred or an estate or holding has been let in farm under this
Act for the recovery of an arrear of land revenue or of a sum recoverable as such arrear and every other
person not hereinbefore in this clause mentioned who is in possession of an estate or any share or portion
thereof or in the enjoyment of any part of the profits of an estate.

PERSONAL CULTIVATION:- Section 2(12)says that personal cultivation by a person means cultivation by; a)

By the person himself or

b) By any member of the family, if any, to which he belongs or

c) By a khana-nishin daughter or khana-damad or a parent of the person or
d) By a son, adopted son or pisarpawardah not included in the family, if any, to which he belongs or
e) By brother or sister of the person
f) In case of 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 case of a person who is minor, insane, physically disabled or incapacitated by old age or infirmity,
widow or serving in defense force or in detention or prison by a servant or hired labourer under
the personal supervision of the guardian or any agent of such person provided that such person
or hired labourer or guardian or agent does not bear the risk cost of the cultivation nor receives
wages or remuneration as a share of crop.

Provided that in 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, Samvat
2007; or
c) Rights wherein have been transferred against the provisions of any law for the time being in force;

Personal cultivation shall be deemed to be that of the state.

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 Proceedings Act 1962, any person who was personally
cultivating the 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. 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. Land under Kah-i-Krisham, pichi, bedzar, or safedzar, land growing fuel or fodder and unculturable
or banjer land situated outside demarcated, undemarcatedshall be deemed in the personal cultivation of
the owner. Gair-Mumkin land and Zeri-Sayeh (under the shade of tress) land existing in a survey number
shall be deemed in personal cultivation of the person cultivating the rest of the land in such survey number
personally in Kharif 1971. 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 that person who would, but for such custom, have been
cultivating it personally.

Personal cultivation by a person shall not cease to be so merely because of engagement of hired labour
provided that the labour supplemental to, and not in substitution of the labor of such person and that
such labor is paid wages in cash or kind but not in crop share and for determining that the person is
personally cultivating the land in Kharif 1971, the entries in the khasraGirdawaree shall be presumed to
be true unless contrary is proved.

According to the definition of the personal cultivation unauthorized cultivation can’tbe deemed to be
personal cultivation. InHarichandBehra v Garbhoo Singh the court held that the expression personal
cultivation as not merely bodily cultivating the land but constructively also and also the right to possess
against the trespasser. If a wrong doer takes possession, steps to exclude him can certainly be taken and
cultivation by trespasser in such case is deemed to be on behalf the true owner.

TILLER:- Section 2(17) says that the 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 1st of September 1971 and 1st May 1973subjected to the competent
Revenue Officer being satisfied about the existence of a bona fide transfer to this effect.

Explanation added to this sub-section says that a person who migratedfrom 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 super-dar under orders of a competent authority.

KHASRA GIRDAWARI:-The KhasraGirdaware is a register prepared by a public servant in the discharge of

his official duties furnishing a piece of evidence on the question of possession. The word “khasra” means
register of fields and the “girdaware” means harvest inspection made by the Patware in one agricultural
year. The object of the KhasraGirdaware is to collect accurate information regarding:

1) Condition of crop
2) Changes in rights, rents and possession of the land
3) Change in the kind of soil due to nature and other causes
4) Amendments required in the village map i.e. shajraKishtwar during the agricultural year
KHARIF:-Means autumn crops such as paddy, maize, pea and are sown in May/June and are harvested in
September/October.

RABI:-Means spring crops such as wheat, pulses and are sown in October/November and harvested in
April/May

EXCEPTIONS (SECTION 3):-section 3 of the Act provides some categories of land to which the provisions
of this Act will not apply and as such the categories of land mentioned thereunder are exempted from the
operation of the Act. Following categories of land are mentioned under section 3:

1) Evacuees land along with certain exceptions;

2) Land owned or acquired by the government of Jammu and Kashmir or the government of India,
land vested or deemed to have been vested in the state by or under the Act and land described in
the Schedule II;
3) Land owned by any industrial or commercial undertaking or set apart or acquired by the
government for use for industrial or commercial purposes
4) Land owned, held or acquired by such educational and other public institutions as may be notified
by the government;
5) Land owned, held or acquired by the universities of the state established by law and
Municipalities, town area Committees, Notified Area Committees, Cantonment Boards and other
Local bodies and Panchayats of the State;
6) Land outside the district of ladakh, which is uncultivable or in the form of arak, kap or kah-
ikriisham or which grows fuel or fodder and belongs to such class as is notified by the government,
not exceeding 4 standard acres per family;
7) Such land in the district of ladakh as are used for raising fuel or fodder or timber e.g. olthange,
bedzar, safedzar;
8) Land, requisitioned under any lawfor the time being in force or situate in depopulated villages of
poonch and Rajouri district and notified as such by the government or lying in such border area as
are declared by the government to be insecure for cultivation;
9) Private spring, wells and village roads;
10) Such land as is reserved by the government for grazing ground or for any public purpose or land
reserved for residential purposes;
11) Cemeteries and burning or burial ground and land under places of worship and appurtenant
thereto;
12) Land held by a co-operative farming society.
 VESTING OF RIGHTS IN STATE (SECTION 4-8)
VESTING OF THE RIGHTS IN STATE OF LAND NOT HELD IN PERSONAL CULTIVATION (SECTION 4):- Section
4(1) of the Act deals with one of the most important purposes of the act that is to abolish absentee
landlordism. The section has extinguished all rights and interests of such land lords who were not
cultivating the land personally and by virtue of this section these landlords shall not have any claim,
interest or title over their land after the Act came into force.

Section 4(1) says that notwithstanding anything contained in any law for the time being into force, but
subjected to the provisions of this chapter, all rights, titles and interests in land of any person not
cultivating it personally in Kharif 1971, shall be deemed to have extinguished and vested in the state, free
from all encumbrances, with effect from the 1st day of May 1973.

Sub-section 2 of section 4 makes certain exceptions with this regard and declare that nothing in sub-
section 1 shall apply to;

1) Land held by gumpas of Ladakh District provided that the rights of the tenants thereof shall be
heritable according to the law of succession applicable to occupancy tenants and no tenant or his
successor shall be subjected to payment of rent exceeding the prevailing rent whether in cash or
in kind.
2) Unit of land not exceeding 182 kanals including residential sites, bedzars and safedzars.
3) Land held by such places of worship, Wakfs or Dharamshallas, as are recorded in the revenue
records or notified by the government from time to time or donated for the purpose of Wakfs by
any person professing Islam or used as a wakf property, provided that the rights of the tenants
shall be heritable according to the law of succession applicable to occupancy tenants.
4) Land mentioned in schedule II allotted to a displaced person provided that such land is situated in
more than one village and such displaced person is cultivating personally the land in at least one
village in Kharif 1971.

The first pre-requisite for the application of section 4 is that the land which shall vest in the state due to
non-cultivation of the land by the owner must be “land” as defined under section 2 (9) of the Act. This
implies that the extinction of ownership rights will not apply with regard to those categories of land which
are exempted from the operation of the Act e.g. Banger qadam, sites of residential sites etc..Thus it is the
agricultural land or land subservient to agricultural which will be subject matter of extinguishment of rights
and vesting in the state under section 4. The second condition to be proved for the application of the
section 4 is that the owner must not be in personal cultivation of the land in Kharif 1971 as defined under
section 2(12) of the Act.
In another words we can say that in order to save the ownership rights of the land from extinction and
from vesting the land in the state, the person affected has to prove that he has been cultivating the land
personally and has further to prove that he was in cultivating possession of the said land in Kharif 1971as
per revenue records. Both these conditions are essential in order to save the land from vesting in the state.

VESTING OF PERSONALLY CULTIVATED LAND IN EXCESS OF CEILING AREA IN THE STATE(SECTION 5):

One of the main objects of the Act was that no person should hold land in ownership or as tenant in excess
of ceiling area even though the person is cultivating the land personally. The vesting of excess land in state
than in ceiling area is applicable to both individual owner or tenant and members of family whether jointly
or severally. Accordingly section 5 (1) of the Act explicitly states that land held in excess of ceiling area by
any parson shall vest in the state. Section 5 (1) says that:

Notwithstanding anything contained in any law for the time being in force but subjected 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 1st day of September 1971, the rights, title and
interests of such individual in the excess land shall be deemed to have vested in the state, free
from all encumbrances on the 1st 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 1st day of
September 1971, the rights, titles and interests of such members in the excess land shall be
deemed to have vested in the state, free from all encumbrances, on the 1st day of May 1973.

Under sub-section 2 of section 5 the owner or the tenant who is personally cultivating the land in excess
of the ceiling area shall have the option of selecting the land which he desires to retain for himself or for
his family within the ceiling area subjected to such conditions as may be prescribed. Sub-Section 2 of
section 5 says that;

Such individual or the head of such family, as the case may be, shall have the option of selecting, in the
manner and subjected to such condition, 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 holding 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 husband agree otherwise.

Section 4 and 5 of the Act deals with the two different aspects. Land if not cultivated personally by the
owner in Kharif 1971, the said land will vests with the state and all rights, titles and interests in the land
which is not personally cultivated will extinguish by virtue of section 4 of the Act. Whereas section 5 of the
Act prescribes the ceiling area as prescribed by the Act and in case the owner or the tenant held the land
in personal cultivation but the same is in excess of the ceiling area then the rights, title and interests of
such owner or tenant will extinguish and the land will vest in the state with regard to the land in excess of
ceiling area.
VESTING OF DWELLING HOUSES IN THE STATE(SECTION 6)

The Agrarian Reforms Act is not applicable to residential buildingsor structures along with sites thereunder
and land appurtenant thereto under section 3(J). The residential houses cannot vest in the state under
section 4 if it is not in possession of the owner. However, under section 6 of the Act the ownership rights
of a dwelling house stand extinguished under the circumstances mentioned thereunder and vested in the
state under section 6 of the Act. Section 6 (1) of the Act says that 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 subjected to the provisions of this chapter where;

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 schedule caste, or is a landless agricultural labourer or is a Gujjar or a
Bakarwal or Giddi 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 interests in such dwelling house and the site thereunder and land appurtenant thereto
shall be deemed to have extinguished and vested in the state on the 1st day of May 1973 provided that
rights, title and interest in such dwelling house shall not vest in the state where it has been built at the
expense of such person or any of his predecessor-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 the land under and appurtenant to such dwelling house.

For the application of this provision two conditions are necessary. The first condition is that the dwelling
house is occupied by a tiller, schedule caste, gujjaretc. and secondly the site of such dwelling house and
the land appurtenant thereto is not owned by such tiller, schedule caste, gujjar etc. if these two conditions
are fulfilled the rights, title and interest in such dwelling house, site thereunder and the land appurtenant
thereto shall be deemed to vest in the state.

There are two exceptions to this general rule with regard to the dwelling house. Firstly the rights, title and
interests in such dwelling house shall not vest in the state where the dwelling house has been built at the
expenses of such tiller, schedule caste member, gujjar etc. secondly the rights, title and interest of dwelling
house shall not vest in the state where the above named person has been in occupation of such dwelling
house for a continuous period of ten years on the date of commencement of this Act.

This right is subjected to the condition that the area under and appurtenant to such dwelling house shall
not exceed in four kanals for such person and all the members of his family as provided by the subsection
2 of section 6.

Thus under section 4 and 6 all rights, titles and interests in land and dwelling houses not in personal
cultivation or occupation of its owner in Kharif 1971 shall extinguish and shall vest in state retrospectively
with effect from 1st day of May, 1973, unless said land or dwelling house is saved by any exceptional clause
as provided by the Act.
RESUMPTION FOR BONA FIDE PERSONAL CULTIVATION BY EX-LANDLORD (SECTION 7)

Section 4 of the Act declears that any person who was not personally cultivating the land in Kharif 1971
shall cease to be its owner and all rights, title and interests in such land vests in the state. Under section 7
of the Act a statutory right has been given to such landlords whose ownership has been extinguished under
section 4 of the Act to claim and resume land for bona fide personal cultivation. The section 7(1) reads as
under;

Subjected 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 outside demarcated forests
for purpose 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 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.

Sub-section 2 of section 7 puts some conditions for the resumption which are as under;

1) The application for the resumption shall be made in the prescribed form within one year from the
commencement of this Act
2) The applicant for resumption shall take normal residence within six months of the commencement
of this Act, 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. The persons serving in the defence
force is exempted from this condition until they cease to be the member of such force. Where the
land is situated in an uninhabited area or near the border such residence shall be taken within the
prescribed period in nearest inhabited or adjoining village. Persons who are minor or insane shall
take up such residence within six months of the date on which he attains majority or sanity.
3) An applicant cannot resume land if he or any member of his family pays income tax;
4) If a person has transferred his land by sale, gift, bequest on or after 1st 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;
5) Where the tiller of the land was paying rent at village rate with or without malikana or by a tiller
who is an occupancy tenant, the landlord of such land cannot resume land.

EXTENT OF LAND THAT MAY BE RESUMED

Clause (f) of subsection 2 of section 7 deals with the extant of resumption of land by the ex-landlord. It
says that, ‘ the extent of land that may be resumed shall subjected to the provisions of the sub-section 3
be determined in the following manner:-
 i. Where a person was entitled, as according to records, to rent in kind, from the tiller during Kharif
1971, the extant of land that may be resumed shall bear the same proportion to the total land
comprising the tenancy as the rest 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
extant of land that may be resumed shall be regulated by the extant of rent in kind to which such
rent in cash can be commuted in accordance with the provisions of sub-section 3 and 8 of section
9;
iii. A person serving in defence force on or after the 1st day of April 1965, 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 who is crippled or incapacitated by old age or infirmity, shall be permitted to resume land
20% in excess of the land otherwise resumable under sub clause I & II.

Sub-section 3 of section 7 says that the aggregate land that a person resuming land shall hold in personal
cultivation, after resumption shall not exceed five standard acres and 6.50 standard acre in case of persons
mentioned in sub-clause III of clause (f) of sub-section 2 of section 7. So this sub-section provides a ceiling
on the area of land which can be resumed. This sub section is subjected to exception with regard to the
persons who are ex-serviceman of the defence or persons serving in the defence force shall be allowed to
hold one more standard acre over and above the ceiling provided by this subsection.

Illustration;

A, an ex-land lord was holding 80 kanals of agricultural land of Rs 1.40 value as per schedule in kharif
1971 undertenancy other than an occupancy tenant or tenant who was paying rent at village rates ; and
was entitled to ½ share of total produce in kind. He can resume 28 kanals & 10 Marlas of land. If instead
of ½ of share of total produce in kind such landlord was entitled to ¼ of share he can resume 20 kanals
of land. In former case, ordinarily he could have resumed 40 kanals but as the resumed land shall in no
case shall exceed 5 standard acres the extent of resumed land comes to 28 kanals and 10 Marlas.

According to sub- section 7 no resumption by the agreement or consent of the parties is permissible if as
a result of such agreement or consent the ex-landlord is able to resume more land than he is entitled to
resume according to the provisions of this Act.

No person, who or any member of his family holds an orchard exceeding one hundred kanals shall be
eligible to resume land (clause (g) of sub section 2 of section 7). So according to general rule any person
who is holding orchard land exceeding one hundred kanals is in entitled to further resumption, but if a
person is holding orchard land below one hundred kanals he will be entitled to resume land, but the
aggregate land including the orchard land shall not exceed one hundred kanals.

Where any person resuming land under this section fails to cultivate the land personally within one year
of entering into possession, such land shall vest in the state, except where such failure is due to
circumstances beyond his control.

According to sub- section 4the person resuming the land under this section shall be vested with the
ownership rights in such 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 the cost of preparation in the prescribed manner.

VESTING OF OWNERSHIP RIGHTS IN PROSPECTIVE OWNER (SECTION 8)

The landlord who was not cultivating his land personally in Kharif 1971 is deprived from all the rights, titles
and interests in the land under section 4 of the Act and vests with the state. The tiller who has been
cultivating the land in Kharif 1971 assumes the status of “prospective owner” of the land. Prospective
owner means a person who is eligible under the Act to be vested with the rights of an owner. Section 8 of
the Act deals with the vesting of ownership rights of land in prospective owner. Section 8 under sub section
1 provides:

Notwithstanding anything contained in any law for the time being in force, but subjected to the provisions
of section 5 and 14, where ex-landlord resumes land under section 7, the tiller, from whom land is so
resumed or his legal heirs shall be vested with the ownership rights in land left with him or his heirs, as
the case may be, after resumption in the following manner;

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 as soon as the ex-landlord is given the 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 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-section (i).

The analysis of the sub-section 1 of section 8 shows that where the ex-landlord resumes the entire land
permissible under section 7(2) (f), the tiller of the land has to pay no levy for the land left with him or his
heirs, as the case may be. Such a tiller is entitled to be conferred for ownership rights for such land as soon
as the ex-landlord is given the possession of resumed land. But where ex-landlord does not resume the
entire land as permitted by section 7 (2) (f) because of the ceiling put in by sub-section (3) of section 7,
the tiller has to make payment of such levy as prescribed in schedule III for the portion of land which
though resumable by such ex-landlord is not resumed because of the ceiling limit put in section 7(3).

ILLUSTRATION:

The extant of land resumable by ex-landlord and the payment of levy payable by prospective owner of
vesting of ownership rights in land may be explained by an illustration. A, is an ex-landlord who owned
land 6 standard acres and held it through tiller B. the ex-landlord A was receiving rent in kind equal to
half of the produce prior to 1st May 1973 from his tiller B. the ex-landlord A, can resume entire land
permissible under section 7 (2) (f) to the extent of one half of the total land. That is,the exlandlord is
entitled to resume the land from his tiller B to the extent of 3 standard acres and the remaining 3
standard acres of land will be recorded in favour of tiller B as owner, without payment of any levy.
However, if the ex-landlord held already in his personal cultivation as owner, or as an allotte or
otherwise or partly in one capacity or partly in another capacity land measuring 4 standard acres and
was entitled to rent in kind equal to half of the produce prior to 1st May 1973. The ex-landlord is entitled
to resume only 1 standard acreof land from tiller B and not 3 standard acres from B in view of the ceiling
fixed under section 7(3); under which the aggregate land that a person resuming land can held in
personal cultivation after resumption, is only upto 5 standard acres and in exceptional cases up to 6.50
acres. The tiller B has to pay levy for two standard acres and for remaining 3 standard acres he will be
invested with ownership rights without paying any levy.

Sub-section 2 of section 8 provides that where an ex-landlord/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.

Sub-section 3 provides that a person mentioned in sub-section (1) of section 6 occupying a dwelling house
vested in the state under section 6 shall subjected to the conditions mentioned in sub-section (2) of 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.

PAYMENT OF RENT BY THE TILLER (SECTION 9)

The tiller of the land does not acquire the ownership rights ipsofacto in the land which he
was cultivating in Kharif 1973, merely because the owner of the land had been expropriated
and the land had vested in the state under section 4 of the Act on the ground of non-
cultivation of land personally by the landlord. According to the Rules the Mutation is to be
written up and attested, giving effect to the extinguishment of all rights, interests and titles
in the land owned by any person not cultivating it personally in Kharif 1973 and vesting of
such rights in the state. Thus it is the state that is to be recorded as owner of such land and
as such the state acquires all the rights which the ex-landlord had in such land. The tiller of
such land will be recorded in the tenant column of Mutation Register as prospective owner
of such land. Such a tiller is entitled to ownership rights in such land only when a Mutation
is written up and Attested in his favour as full owner under section 8 of the Act. The
Mutation, however, can be written up and attested in his favour as owner only when the
concerned Tehsildar, certifies that such a prospective owner had paid entire Levy of the
land left with tiller after the ex-landlord has exercised his right of resumption. In other
words until such land is resumed by ex-landlord under section 7 or until such tiller acquires
ownership rights he is liable to pay rent to the state in the same manner in which it has
payable by him to ex-landlord prior to 1st May 1973. Thus the tiller is as a tenant to the
state, liable to pay rent, land revenue and other things as he was previously paying. The
section 9 of the Act deals with this aspect.
Section 9 (1) says that, “A tiller shall, in respect of the land vested in the state by
section 4, pay to the state rent which was payable by him to the ex-landlord prior to
the 1st day of May 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”.
The word rent has not been defined in the Agrarian Act but by virtue of section 2(18) of the
Agrarian Act the word will have the same meaning as assigned to it in Tenancy Act under
section 2(2) of Tenancy Act, “Rent” means;
“whatever is payable to a landlord in money, kind or service by tenant, on account of
the use or occupation of land held by him or on account of the use of water for
irrigation”.
The government shall pay the rent so collected in the prescribed form and manner to the
ex-landlord or to the person claiming through him after deducting 10% of the cash
equivalent thereof as collection charges.
Under sub-section (4) of the section 9 of the Act an Intermediary holding land prior to 1 st
May 1973, that is tenant who was not cultivating the land personally as defined by section
2 (8) of the Act, is liable to pay rent to the ex-owner as if their rights had not been
extinguished by section 4 and provisions of Jammu and Kashmir Tenancy Act relating to
recovery of rent will apply. Sub-section 4 of section 9 reads as under:
“where the ex-landlord mentioned in sub-section (1) was an intermediary 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
exowner 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 Jammu and Kashmir Tenancy Act, Samvat 1980 relating
to the recovery of rent shall apply thereto.”

The right of ex-intermediary or ex-owner to recover the rent for land from the state or from
such ex-intermediary, as the case may be, shall be a heritable right according to the law of
succession that was applicable to him and shall be transferable subjected to the provisions
of section 31.
Sub-section 6 of section 9 provides that during the period, the ex-owner is entitled to
recover the rent from the government in respect of the land vested in state by section 4, he
is liable to pay land revenue together with cesses and dues payable under any law and for
this purpose he is deemed to be a landholder under Land Revenue Act.
In terms of section 9 read with Agrarian Rules, the rent payable by tenant is recoverable:-
a) In kind, where it was recoverable prior to 1st May 1973 in kind, in respect of the
produce procured by the government during the year in which the rent falls due
b) In cash, in respect of the produce not procured by the government during the year
in which rent falls due;
c) Where the rent was recoverable in cash prior to May 1973 the rent will be
recovered in cash
d) Arrears of rent accrued due from 1st May 1973 up to the commencement of this
Act will be recovered in cash.
The rent so recovered by the government shall be paid to the ex-landlord in the form in
which it was collected from the tenant in the above mentioned manner.
 Section 9(8) of the Act provides that where the rent was recoverable in kind prior to the 1st
May 1073, the following rates of produce has been provided for purposes of calculating
rent recoverable from the prospective owner:-
a) The rates of produce as agreed by the prospective owner and the ex-owner;
b) Where there is no such agreement between the parties, Chakla Rates.
c) Where the prospective owner makes a complaint to the Revenue Officer that the
Ckakla Rates are higher than the actual rates, the collector is empowered to
determine the rates after summary enquiry;
d) Where Chakla Rates are not available, the rates that will be determined by the
government after necessary enquiry.
Chakla Rates of produce are the average rates of produce ascertained after a number of
experiments during the last settlement.

LAND WHICH IS SUBJECTED TO THE MORTGAGE WITH POSSESSION

AND WITHOUT POSSESSION (SECTION 10)

Section 10 of the Act deals with the rights and liabilities of the mortgagor and mortgage
with respect to both mortgage with or without possession of the land which has been vested
in the state by virtue of section 4, 5 or 6 of the Act. The law of mortgage has its foundation
in the desire of the creditor to protect against the loss of money owing to the death, failure
to pay, insolvency etc. of the debtor. Though section 4 of the Agrarian Act declares that no
person can hold land which was not in personal cultivation in Kharif 1971 and such land
shall vest in the state free from encumbrances with effect from the 1st
May 1973. But section 2(12) Explanation (VI) has expressly saved the rights of the
mortgagor from extinguishment and vesting the mortgaged land in the state. The said clause
provides that the land which has been mortgaged with possession before and during Kharif
1971 and the said mortgage has not been redeemed before the commencement of the Act,
that is, mortgage is subsisting the mortgagor, subjected to section 10 is deemed to be in
personal cultivation of such land in Kharif 1971. Section 10 reads as under;
(1) where land, which had vested or vests in the state by section 4 or 5 or 6, is
subjected to the mortgage without possession and the 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, order of a court or any contract notwithstanding.
(2) Where land is subjected to mortgage with possession and the mortgage
subsists on the date of commencement of this Act, the restitution of such land
shall, notwithstanding anything contrary to any law, decree or order of court
or a revenue officer or any contract, be effected in the manner and according
to the procedure given below, namely;
a) The mortgagor may apply for restitution of such land to the
collector, having jurisdiction in the area in which it is situated. The
collector shall, on receipt of such application give an opportunity to
the mortgagor and the mortgage of being heard and make such
enquiry as may be necessary.
b) (I) where the collector finds that the value of benefits enjoyed by the
mortgage equals or exceeds the cost of improvements, if any effected
by such mortgage, in accordance with the terms of the mortgage
deed, plus one and a half times the amount of principal money, he
shall, by order in writing, direct that the mortgage be redeemed and
shall put the mortgagor in physical possession of the land;
(II) where the collector finds that the value of benefits enjoyed by
the mortgagee, while in possession, is less than the cost of
improvements, if any, effected by such mortgagee in accordance
with the terms of the mortgage deed, plus one and a half times the
amount of principal money, he shall, by order in writing, direct that
the mortgaged land be restored to the mortgagor and he be put in
possession thereof, subjected to the payment of money, if any, due
to the mortgagee:
Provided that, in calculating the amount due, interests 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
interests thereon exceed one and a half times the principal money:
Provided also that where the mortgage 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 installments, 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 installments.
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 the
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
the deposit if the whole of the amount found due is deposited within
the period covered by installments.

PAYMENT IN LIEU OF EXTINGUISHMENT OF RIGHTS IN LAND (SECTION

11)

Section 11 of the Act says that the land and rights therein which had been taken away or
abridged by section 4, 5 or 6 of the Act shall be deemed to have acquired by the state with
effect from such date on which such land and rights have vested in it. The section further
says that in lieu of such acquisition payment shall be determined and made in accordance
with the provisions of schedule III. Proviso to the section 11 provides that where the ex-
landlord resumes the land which he is allowed to resume from the tiller, he will not be
entitled to any payment in lieu of extinguishment of his rights in land, remaining after such
resumption with the tiller except for the area of the 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 subsection 2 of section 7.
Proviso second to section 11 affirms constitutional guarantee that where any land is held
by any owner or tiller in personal cultivation, he shall be entitled to compensation for his
right in any portion of such land as is within the ceiling area or any building or structure
standing thereon or appurtenant thereto at the market value thereof. Under schedule III part
B compensation payable for such land shall be assessed by the collector and shall be the
market value prevailing on the 1st of May 1973 or the date of commencement of this Act,
which ever is less. If the compensation so assessed exceeds twenty five thousand, the
collector shall submit the case to the Commissioner and he shall pass the order of
compensation, if the amount of compensation does not exceed rupees fifty thousand. If the
amount exceeds fifty thousand, the Commissioner will submit the case to the Revenue
Minister.
The amount payable in lieu of extinguishment of rights, titles and interests in land is to be
determined in accordance with schedule III of the Act. The schedule shows that the land in
the state has been divided into six categories for payment of amount and the value assigned
to one ordinary acre under schedule I is to be taken into consideration.

ILLUSTRATION
For the land falling in the first category, the price of one Kanal of land has been fixed at
Rupees one thousand when its value for one ordinary acre of land is ruppes 1.40 fixed by
schedule I.
Where ex-owner held 20 kanals of land under his tillers and was receiving rent half of the
produce such an ex-owner is entitled to receive an amount in lieu of his extinguishment of
rights in land to the extant of rupees 1000x20x one half=RS 10000 for 20 kanals of land.
 For second category of land one kanal is valued at rupees 650 when ordinary acre is valued
at rupees 1 under schedule I and the ex-owner was receiving rent at one fourth of the
produce. In such case ex-owner will get an amount for 20 kanals of land to the extant of
rupees 650x20xone fourth= Rs 3250 and so on.
VALIDITY OF PRIVATE AGREEMENT BETWEEN EX-LANDLORD AND
TILLER (SECTION 12)

With regard to determination and payment of compensation and amount in lieu of

extinguishment of rights in land, the section 12 of the Agrarian Act encourages parties to
mutually settle the issues. In this regard the section gives the statutory right to the
exlandlord and prospective owner of the land to resolve by an agreement in writing two
contentious issues, namely first payment of amount and second apportionment of land
between themselves. Section 12 provides
“where an ex-owner of land, or if such ex-owner had an intermediary under hin prior
to the 1st 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 authencated by a revenue officer of a
class not lower than a Tehsildar;
a) Respectively acknowledge receipt and payment of an agreed amount;
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 apportionment of land or both, as the case may be, shall be given
effect and shall relieve the state of its liability to make payment to such person and
also relieve the prospective owner of his liability to pay levy to the state:
Provided that in case of apportioned 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.
For a valid agreement under the section following conditions must be fulfilled;
i. The agreement must be in writing
ii. It must be duly registered under J & K Registered Act or authenticated by a
Revenue Officer not lower than a Tehsildar iii. It must acknowledge receipt and
payment of an agreed amount or admit having apportioned the land between the parties in
an agreed manner and having entered into possession of their agreed share in accordance
with the terms
iv. In case of apportionment of land, ex-landlord shall not have in his share more land than
could be resumed by him under section 7(2)(f) , if he was eligible to resume.
RESTRICTIONS ON UTILIZATION OF LAND HELD BY ANY PERSON AFTER THE COMMENCEMENT OF THE
ACT, (SECTION 13)

The fundamental object of the Agrarians Act is to ensure that the person holding the land
should personally cultivate it and not through any kind of tenancy not permitted by the Act.
In this regard the section 13 of the Act declares that after the commencement of the Act,
 i.e. 13th July, 1978 a person can not possess or hold land which is not in his personal
cultivation. Section 13 reads as under
(1)“after the commencement of this Act no person shall hold land, otherwise than for
personal cultivation (except where tenancy is permitted by this Act), or for residential
purposes upto two kanals per family or subjected to the provisions of the Jammu and
Kashmir Prohibition on Conversion of Land and Alienation of Orchard Act, 1975 for
horticultural purposes or with the previous permission of the Revenue Minister or
any officer nominated by him in this behalf, for industrial or commercial purposes:
Provided that land recorded as orchard, arak, kap, kahi-i-krishm or of a class notified
under clause (f) of section 3 shall not be put to any use other than such orchard or
arak or kap or kahi-i-krishm or for growing fodder or fuel, as the case may be, subject
to the second proviso to sub-section 1 of section 15 in the case of orchard.
Provided further that where land, not exceeding half a kanal in area, is used as
Gharat, Chakki or shop or for such other purpose relating to rural economy, no
permission shall be needed;
(2) except as otherwise provided in this Act, no tenancy created or continued after the
1st day of May 1973 in respect of any land shall be valid
(3) rights, titles and interests in land of any person who, except for reasons beyond
his control, fails to utilize the land in accordance with or utilize land in contravention
of the provisions of sub-section 1 or lets land to a tenant in contraventions of the
provisions of sub-section 2 shall, after such enquiry as may be prescribed, vest in the
state.
The section 13 in its plain language places emphasis on two aspects of agrarian reforms.
First it prohibits that after the commencement of this Act no person can hold land in his
possession unless the land is in his personal cultivation within the meaning of this Act. In
case a person does not cultivate the land personally, it shall vest in the state. Consequently
the second prohibition follows from the first one and under sub-section 2 no person can
create tenancy in respect of any land after 1 st May 1973 except as permitted under the Act.
Besides the land held in personal cultivation, a person can hold land up to 2 kanals per
family for residential purposes. Again land can be held, subjected to the provisions of J&K
Prohibition on Conversion of Land and Alienation of Orchard Act 1975 for horticultural
purposes and lastly land can be held for industrial or commercial purposes with the
previous permission of Revenue Minister or officer nominated by him.
AGGREGATE LAND HELD IN OWNERSHIP NOT TO EXCEED CEILING
AREA (SECTION 14) (OR) OPTIMUM RETAINABLE AREA OF LAND

The Agrarian Reforms Act has specifically declared that after the commencement of the
Act, no person can held land except for personal cultivation and if he does not cultivate the
land personally, the land will vest in the state. The land held by any person whether in
ownership or as tenant or an allottee or otherwise must not exceed the ceiling area. Ceiling
area means the extent of land measuring 12 and a half standard acre. In this regard section
14 of the Act prescribes the optimum retainable area of land, which reads as under:-
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 Wakf or dharamshala or public trust or institutions
or individuals or member as mentioned in sub-section 1 by purchase, gift, bequest,
inheritance, mortgage, family settlement, decree or order of court or by any other
mode whatsoever and, in consequences thereof, the total extant of land owned by
such place of worship, wakf, dharamshala, public trust, institution, individual or
family exceeds the limit provided under sub-section 1, the retention or possession
of such land, as may be in excess, shall be invalid and all rights, titles and interests
shall extinguish and vest in the state. Thus according to section 14 of the Act, after
1st May, 1973 any person or members of family or places of worship, wakfs,
dharamshalas etc. can acquire land by way of purchase, gift, inheritance etc.
whatsoever within the ceiling area of 12.50 standard acre. However if in consequences
of such acquisition of land by any above mentioned means the total extant of land
owned by such person or members of family or places of worship, wakfs, dharamshalas
etc. exceeds the ceiling area, the retention or possession of excess land so acquired shall
be invalid and the land will go to the state.

DISPOSAL OF SURPLUS LAND (SECTION 15)

The land which vests in the state by the operation of the different provision of the Act is to
be distributed among the eligible persons in the manner provided by the section 15 of the
Act. The Supreme Court in Kh. Fida Ali case observed, “The Act makes effective
provisions for creating granary of land at the disposal of the state for equitable distribution.”
Section 15 reads as under:
(1) the government shall be competent, subjected to the provisions of the
subsection (2) and (3) to dispose land, vested or which may vest in the state
under this Act and became surplus and land, which is available under
subsection (2) of section 6 of the Jammu and Kashmir Big Land Estate
Abolition Act, Samvat 2007, in consideration of such levy as is provided for in
schedule III and subjected to such terms and conditions (including those
relating to reservation of adequate land for Kahcharai) and in such manner,
as may be prescribed, anything in any law for the time being in force
notwithstanding: Provided that arak, kap, kah-i-krishan and such areas
growing fuel or fodder as are notified under clause (f) of section 3 shall
 continue to be used as such arak, kap, kah-i-krishan 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 subjected to the condition that any excess area allowed
beyond the normal ceiling area of 12.5 standard acre on the consideration of the
land being used as an orchard, shall vests in the state and be subjected to disposal
by the state in the manner provided under this Act. The land which has been
acquired or vests in the state by the operation of the provisions of this Act is to be
distributed among the tillers as prospective owners of such land which they were
actually cultivating subjected to the condition that such prospective owners has to pay
full amount of levy as prescribed by the III schedule of the Act. However, such tillers
will be recorded as its prospective owners only if such land is within their ceiling area.
After conferring land to the prospective owners whatever land remains with the state,
that land becomes surplus land and that land is to be distributed among the eligible
persons in accordance with the provisions of the sections 15 of the Act. Under sub-
section 2 of section 15 persons eligible to acquire surplus land has been provided
according to the priority. Sub-section 2 reads as under:

(2) the land becoming surplus under this Act shall be allotted according to the
priorities given below:-
a) first priority shall be given to the tiller having less than basic area of 2.5
standard acre;
b) second priority shall be given to ex-owners having less than the basic area
of 2.5 standard acre;
c) third priority shall be given to the refugees of 1947 having less than 2.5
standard acre and having no other source of income;
d) fourth priority shall be given to the landless agricultural laborers
provided that the landless persons of the same locality shall have priority
of claim over those residing outside locality;
 e) fifth priority shall be given to the refugees of the 1947 having more than
2.5 standard acre, but less than 5 standard acre, provided that all the
members of the family of such refugees are actually engaged in
agriculture and reside in the village in which the land is situated. With
respect to above mentioned eligible allottees, sub-section 3 of section 15 gives further
preference to each such category of allottees, when, everything else being equal. It says
that;
(3) in each category of eligible allottees mentioned in sub-section (2) everything
else being equal;
a) First preference shall be given to persons serving in defence force;
b) Second preference shall be given to the persons who were serving in the
defence force on or after the first day of April, 1965;
c) Third preference shall be given to the gujjar and bakarwals;

d) Last preference shall be given to other applicants.

Sub-section 4 provides limit of surplus land which can be allotted to the eligible persons
under this section. It provides that:
(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
acre in the case of allottees failing under clause (a), (b), (c) and (d) of sub-
section 2 and 5 standard acre in the case of allottees falling under clause (e) of
the aforementioned sub-section.
However the government is not bound to follow the priorities fixed for the allotment of
surplus land in favour of refuges of 1947. government is competent to give them first
priority under sub-section 4-A 0f section 15, which reads as under:
(4-A) notwithstanding anything contained in the foregoing provisions of the section,
the government shall be competent to give first priority to the refugees of 1947 in the
allotment of surplus land for making up 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.
 The persons 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 (sub-section 5).
Basic area:- has been explained in explanation to section 15 to mean the aggregate area of
land, held as owner or as tenant or otherwise by a person or his members of family, if any,
as it existed in respect of refugees of 1947 in the year of allotment in each individual case
subjected to such date being not later than the first day of September 1950 and in case of
others as on first day of May, 1973.
Ex-proprietor or ex-tiller liable to pay rent to the state during interim period (section 16)
Where any person either owner or tenant or his legal heirs is found in possession of land in
excess of the ceiling area, the said person shall be recorded as tenant of the state of the
excess land so held by him till the excess land is allotted or possession thereof is transferred
to the allottee. During this intervening period such person holding land is liable to pay rent
to the state. Section 16 of the Act deals with this aspect, which reads as under:
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
b) in personal cultivation as owner or as tenant or allottee directly under the state
whose rights, titles and interests 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.
Section 16 deals with the two types of case. Firstly under section 4 of the Big Landed Estate
Act the rights of ownership in land held by a proprietor exceeding 182 kanals is
extinguished and under section 6(1) of the Act, same shall vest in the state where the land
had not been transferred to the tiller in terms of section 5 of the said Act. Sub-section 2 of
section 6 of the said Act provides that the land so vested in the state may be utilized in such
manner as the government may decide and in respect of the land which had not been
transferred to the tiller, the government may permit the ex-proprietor to retain possession
of the land subjected to such terms and conditions as may be prescribed. Secondly under
clause (b) of section 16 of the Agrarain Reforms Act the land held by a person in personal
cultivation as owner or as tenant or as allottee directly under the state whose rights therein
have been extinguished by section 5 may be allowed to retain the said land until the entry
into to possession of the allottee of such land in pursuance of its disposal under the Agrarian
Act. But in both the cases such owner, tiller or allottee as the case may be has to make the
payment of rent at the rate of forty times the sum of the land revenue assessed on and cesses
and other charges.