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Bar News Acts League

The Jammu and Kashmir Land Revenue Act, 1996 (1939 A.d.)

Act ID: 1996

The Jammu and Kashmir Land Revenue Act, 1996 (1939 A.d.)

"An Act to amend, consolidate and re-enact the Jammu and Kashmir Land Revenue Regulation No. 1 of 1980."

Table of Contents

193 Sections

Ch.

Sections

S.1Title, extent and commencement S.2Repeal S.3Definition S.4Exclusion of certain land from operation of the Act S.5Power to vary limits and alter number of Tehsils Districts and Provinces S.5-ABoard of Revenue S.5BPowers and functions of the Board S.6Classes of Revenue Officers S.6-ACombination of offences S.7Omitted S.8Control S.9Power to distribute business S.10Power to withdraw and transfer cases S.10-AExercise of powers by Revenue Officers S.11Appeals S.12Limitation for appeals, revisions and reviews S.13Review by Revenue Officers S.14Omitted S.15Power to revise orders S.15-APower of Revenue Officers to summon persons S.15-BMode of service of summons S.15-CMode of service of notice, order of proclamation or copy thereof S.15-DMode of making proclamation S.16Persons by whom appearances and applications may be made before and to Revenue Officers S.17Place of sitting S.18Holidays S.19Retention of powers by the Revenue Officer on transfer S.19-APower to refer for enquiry and report S.20Rules respecting Lambardars S.21Record-of-rights and documents included therein S.22Making of special revision of record-of-right S.22-APreparation of Pass Book S.22-BResponsibility of the Competent Authority S.22-COfficial copy of the Pass Book to be kept upto date S.22-DPass Book to be kept up to date S.22-EEntries to be made by the Banks and financial institutions in the Pass Book S.22-FAlteration in the Pass Book S.22-GIssue of the true copy of the Pass Book S.22-HIssue of additional Pass Book to the joint holders S.22-IIssue of Pass Book to the heirs of land holder S.23Annual records S.23-A.Consolidation of land and prevention of fragmentation of land holdings S.24Making of that part of the annual record which relates to land-holders and occupants S.25Making of that part of the annual record which relates to other persons S.26Determination of disputes S.27Restriction on variation of entries in records S.28Mutation fees S.29Penalty for neglect to report acquisition of any right referred to, in section 24 S.30Obligation to furnish information necessary for the preparation of records S.31Presumption in favour of entries in records-of-rights and annual records S.32Suit for declaratory decree by person aggrieved by an entry in a record S.33Power to make rules respecting records and other matters connected therewith S.34Records-of-rights and annual records for groups of estates S.35Right of the Government in mines and minerals S.35-ATrees on Kaslsa land S.36Provision relating to royal and reserved trees S.37Reserved trees S.38Penalties S.39Presumption as to ownership of forest and water land S.40Compensation for infringement of the rights of third parties in exercise of a right of the State S.41Assessment of land revenue S.41-ASurcharge S.42Notification of intended reassessment and instruction as to principles of assessment S.43Sanction to proposed assessment and its duration S.44Announcement of assessment S.45Application of reconsideration of assessment S.46Confirmation of assessment S.47Assessment to remain in force till new assessment takes effect S.48Refusal to liable for assessment and consequences thereof S.49Distribution of the assessment on an estate over the holdings comprised therein S.50Application for amendment of the distribution of an assessment S.51After Settlement, Collector or Assistant Collector to discharge duties of Settlement Officer S.52Special assessment S.53Formation of State forests from excess waste land S.54Security for payment of land revenue S.54-AExemption from payment of land revenue S.55Further security for payment of Land revenue S.56Orders to regulate payment of land revenue S.57Rules to regulate collection, remission and suspension of land revenue S.58Interest chargeable on arrear accrued more than six months; such interest and costs of any process, recoverable as part of arrear S.59Certified account to be evidence as to arrear S.60Recovery of public demands by enforcement of process in other districts than those in which they become payable S.61Process for recovery of arrears S.62Writ of demand S.63Arrest and detention of defaulter S.64Distress and sale of moveable property and crops S.65Transfer of holding S.66Attachment of estate or holding S.67Annulment of assessment of estate or holding S.68Proclamation of attachment or annulment of assessment and consequences of the proclamation S.69Sale of estate or holding S.70Effect of sale on encumbrances S.71Proceedings against other immovable property of defaulter S.72Remedies open to person denying his liability for an arrear S.73Proclamation of sale S.74Indemnity to revenue officer with respect to contents of proclamation S.75Publication of proclamation S.76Time and conduct of sale S.77Power to postpone sale S.78Stay of sale S.79Payment of deposit by highest bidder S.80Consequence of failure S.81Time for payment in full S.82Procedure on default of payment S.83Report of sale to Divisional Commissioner S.84Application to set aside sale S.85Order confirming or setting aside sale S.86Refund of purchase-money on setting aside of sale S.87Proclamation after postponement or on re-sale S.88On confirmation of sale possession and certificate to be granted to purchaser S.89Proceeds of sale S.90Recovery of certain arrears through Revenue officer instead of by suit S.91Other sum recoverable as arrears of land revenue S.92Application of Chapter VII to sums recoverable under this Chapter S.92-ARecovery of certain arrears through Revenue officers instead of by suit S.93Power of Government to make rules for demarcation of boundaries and erection of survey marks S.94Power of Revenue officer to define boundaries S.95Power of Revenue officer in proceedings under section 94 to reinstate party dispossessed S.96Cost of erection and repair of survey marks S.97Recovery of cost incurred by the Government S.98Power of Revenue officers to enter on land for purposes of survey and demarcation S.99Surveys for purpose of preparation of records S.100Provision of flag-holders and chainmen for surveys S.101Professional surveys S.102Penalty for destruction, injury or removal of survey-marks S.103Report of destruction or removal of, or injury to, survey-marks S.104Effect of partitions of estates and tenancies on joint liability for revenue and rent S.105Application for partition S.106Restrictions and limitations on partition S.107Notice of application for partition S.108Addition of parties to application S.109Absolute disallowance of partition S.110Procedure on objection that partition has already been made privately S.111Procedure on admission of application S.111-AObjection raising question of title S.112Collector’s decrees equivalent to decrees of Civil Court S.112-AStay of partition pending decision of appeal S.113Disposal of other questions S.114Administration of property excluded from partition S.115Distribution of revenue and rent after partition S.116Instrument of partition S.117Procedure for dealing with applications for parti- of Shamilat lands S.118Affirmation of partitions privately effected S.118-APartition of Shamilat lands S.118-BProcedure for dealing with applications for partition of Shamilat lands S.118-CDisposal of questions of title S.118-DCompletion of partition and delivery of possession S.118-EProcedure for determining mode of partition where Shamilat land held by a co-sharer exceeds the share due S.119Power to make rules as to costs of partition S.119-AProceedings S.119-BLand lease-agreement, termination, rights and responsibilities S.119-CPreparation of Regional plan by Board S.119-DOffences and penalties S.119-EPunishment under other law not barred S.119-FOffences by companies S.119-G119-G S.120Power to refer to arbitration S.121Procedure to be followed in Settlement proceedings when question of title arises S.122Power to supply certain sums other than rent S.123Disposal of the deposit S.124Orders of civil and criminal Courts for execution of processes against land or the produce thereof to be addressed to a Revenue officer S.125Attachments of assigned land revenue S.126Preservation of attached produce S.127Division of produce S.128Village cesses S.129Omitted S.130Omitted S.131Omitted S.132Penalty for failure to attend in obedience to order of Revenue officer S.133Prevention of encroachment on common land prevention of encroachments on or cultivation of common land, or land reserved for public purposes or of which cultivation has been prohibited or is objectionable, or by person not entitled to bring it under cultivation S.133-ARestriction on conversion of agricultural land and process for permission of nonagriculture (NA) use S.133-BProhibition to convert water surface, water field or floating field into land in Kashmir Province S.133-BBRestriction on use of grazing land, etc. and prohibition on transfer S.133-CLand converted in violation to escheat to Government S.133-DPunishment S.133-EOmitted S.133-FAppeal S.133-GJurisdiction of civil courts barred in certain matters S.133-HTransfer of land to non-agriculturist barred S.133-ITransfer of land in favour of public trust for charitable purposes S.133-JTransfer of land for the purpose of promotion of healthcare or education S.133-KTransfer of land for industrial, commercial or housing agricultural purposes or any other public purpose S.133-LTransfer of land under sections 133-H, 133-I, 133-J and 133-K subject to conditions S.134Papers kept by village officers to be deemed public documents S.135Costs S.136Restriction on Revenue Officers bidding at auction or trading S.137Power to make rules S.138Rules S.138-A138-A S.139Exclusion of jurisdiction of civil Courts in matters within the jurisdiction of Revenue Officers S.140Repeal S.140-ARegularization of certain cases of unauthorised occupation S.141Removal of difficulties

The Jammu and Kashmir Land Revenue Act, 1996 (1939 A.d.)

Act ID: 1996

The Jammu and Kashmir Land Revenue Act, 1996 (1939 A.d.)

"An Act to amend, consolidate and re-enact the Jammu and Kashmir Land Revenue Regulation No. 1 of 1980."

Table of Contents

193 Sections

Ch.

Sections

S.1Title, extent and commencement S.2Repeal S.3Definition S.4Exclusion of certain land from operation of the Act S.5Power to vary limits and alter number of Tehsils Districts and Provinces S.5-ABoard of Revenue S.5BPowers and functions of the Board S.6Classes of Revenue Officers S.6-ACombination of offences S.7Omitted S.8Control S.9Power to distribute business S.10Power to withdraw and transfer cases S.10-AExercise of powers by Revenue Officers S.11Appeals S.12Limitation for appeals, revisions and reviews S.13Review by Revenue Officers S.14Omitted S.15Power to revise orders S.15-APower of Revenue Officers to summon persons S.15-BMode of service of summons S.15-CMode of service of notice, order of proclamation or copy thereof S.15-DMode of making proclamation S.16Persons by whom appearances and applications may be made before and to Revenue Officers S.17Place of sitting S.18Holidays S.19Retention of powers by the Revenue Officer on transfer S.19-APower to refer for enquiry and report S.20Rules respecting Lambardars S.21Record-of-rights and documents included therein S.22Making of special revision of record-of-right S.22-APreparation of Pass Book S.22-BResponsibility of the Competent Authority S.22-COfficial copy of the Pass Book to be kept upto date S.22-DPass Book to be kept up to date S.22-EEntries to be made by the Banks and financial institutions in the Pass Book S.22-FAlteration in the Pass Book S.22-GIssue of the true copy of the Pass Book S.22-HIssue of additional Pass Book to the joint holders S.22-IIssue of Pass Book to the heirs of land holder S.23Annual records S.23-A.Consolidation of land and prevention of fragmentation of land holdings S.24Making of that part of the annual record which relates to land-holders and occupants S.25Making of that part of the annual record which relates to other persons S.26Determination of disputes S.27Restriction on variation of entries in records S.28Mutation fees S.29Penalty for neglect to report acquisition of any right referred to, in section 24 S.30Obligation to furnish information necessary for the preparation of records S.31Presumption in favour of entries in records-of-rights and annual records S.32Suit for declaratory decree by person aggrieved by an entry in a record S.33Power to make rules respecting records and other matters connected therewith S.34Records-of-rights and annual records for groups of estates S.35Right of the Government in mines and minerals S.35-ATrees on Kaslsa land S.36Provision relating to royal and reserved trees S.37Reserved trees S.38Penalties S.39Presumption as to ownership of forest and water land S.40Compensation for infringement of the rights of third parties in exercise of a right of the State S.41Assessment of land revenue S.41-ASurcharge S.42Notification of intended reassessment and instruction as to principles of assessment S.43Sanction to proposed assessment and its duration S.44Announcement of assessment S.45Application of reconsideration of assessment S.46Confirmation of assessment S.47Assessment to remain in force till new assessment takes effect S.48Refusal to liable for assessment and consequences thereof S.49Distribution of the assessment on an estate over the holdings comprised therein S.50Application for amendment of the distribution of an assessment S.51After Settlement, Collector or Assistant Collector to discharge duties of Settlement Officer S.52Special assessment S.53Formation of State forests from excess waste land S.54Security for payment of land revenue S.54-AExemption from payment of land revenue S.55Further security for payment of Land revenue S.56Orders to regulate payment of land revenue S.57Rules to regulate collection, remission and suspension of land revenue S.58Interest chargeable on arrear accrued more than six months; such interest and costs of any process, recoverable as part of arrear S.59Certified account to be evidence as to arrear S.60Recovery of public demands by enforcement of process in other districts than those in which they become payable S.61Process for recovery of arrears S.62Writ of demand S.63Arrest and detention of defaulter S.64Distress and sale of moveable property and crops S.65Transfer of holding S.66Attachment of estate or holding S.67Annulment of assessment of estate or holding S.68Proclamation of attachment or annulment of assessment and consequences of the proclamation S.69Sale of estate or holding S.70Effect of sale on encumbrances S.71Proceedings against other immovable property of defaulter S.72Remedies open to person denying his liability for an arrear S.73Proclamation of sale S.74Indemnity to revenue officer with respect to contents of proclamation S.75Publication of proclamation S.76Time and conduct of sale S.77Power to postpone sale S.78Stay of sale S.79Payment of deposit by highest bidder S.80Consequence of failure S.81Time for payment in full S.82Procedure on default of payment S.83Report of sale to Divisional Commissioner S.84Application to set aside sale S.85Order confirming or setting aside sale S.86Refund of purchase-money on setting aside of sale S.87Proclamation after postponement or on re-sale S.88On confirmation of sale possession and certificate to be granted to purchaser S.89Proceeds of sale S.90Recovery of certain arrears through Revenue officer instead of by suit S.91Other sum recoverable as arrears of land revenue S.92Application of Chapter VII to sums recoverable under this Chapter S.92-ARecovery of certain arrears through Revenue officers instead of by suit S.93Power of Government to make rules for demarcation of boundaries and erection of survey marks S.94Power of Revenue officer to define boundaries S.95Power of Revenue officer in proceedings under section 94 to reinstate party dispossessed S.96Cost of erection and repair of survey marks S.97Recovery of cost incurred by the Government S.98Power of Revenue officers to enter on land for purposes of survey and demarcation S.99Surveys for purpose of preparation of records S.100Provision of flag-holders and chainmen for surveys S.101Professional surveys S.102Penalty for destruction, injury or removal of survey-marks S.103Report of destruction or removal of, or injury to, survey-marks S.104Effect of partitions of estates and tenancies on joint liability for revenue and rent S.105Application for partition S.106Restrictions and limitations on partition S.107Notice of application for partition S.108Addition of parties to application S.109Absolute disallowance of partition S.110Procedure on objection that partition has already been made privately S.111Procedure on admission of application S.111-AObjection raising question of title S.112Collector’s decrees equivalent to decrees of Civil Court S.112-AStay of partition pending decision of appeal S.113Disposal of other questions S.114Administration of property excluded from partition S.115Distribution of revenue and rent after partition S.116Instrument of partition S.117Procedure for dealing with applications for parti- of Shamilat lands S.118Affirmation of partitions privately effected S.118-APartition of Shamilat lands S.118-BProcedure for dealing with applications for partition of Shamilat lands S.118-CDisposal of questions of title S.118-DCompletion of partition and delivery of possession S.118-EProcedure for determining mode of partition where Shamilat land held by a co-sharer exceeds the share due S.119Power to make rules as to costs of partition S.119-AProceedings S.119-BLand lease-agreement, termination, rights and responsibilities S.119-CPreparation of Regional plan by Board S.119-DOffences and penalties S.119-EPunishment under other law not barred S.119-FOffences by companies S.119-G119-G S.120Power to refer to arbitration S.121Procedure to be followed in Settlement proceedings when question of title arises S.122Power to supply certain sums other than rent S.123Disposal of the deposit S.124Orders of civil and criminal Courts for execution of processes against land or the produce thereof to be addressed to a Revenue officer S.125Attachments of assigned land revenue S.126Preservation of attached produce S.127Division of produce S.128Village cesses S.129Omitted S.130Omitted S.131Omitted S.132Penalty for failure to attend in obedience to order of Revenue officer S.133Prevention of encroachment on common land prevention of encroachments on or cultivation of common land, or land reserved for public purposes or of which cultivation has been prohibited or is objectionable, or by person not entitled to bring it under cultivation S.133-ARestriction on conversion of agricultural land and process for permission of nonagriculture (NA) use S.133-BProhibition to convert water surface, water field or floating field into land in Kashmir Province S.133-BBRestriction on use of grazing land, etc. and prohibition on transfer S.133-CLand converted in violation to escheat to Government S.133-DPunishment S.133-EOmitted S.133-FAppeal S.133-GJurisdiction of civil courts barred in certain matters S.133-HTransfer of land to non-agriculturist barred S.133-ITransfer of land in favour of public trust for charitable purposes S.133-JTransfer of land for the purpose of promotion of healthcare or education S.133-KTransfer of land for industrial, commercial or housing agricultural purposes or any other public purpose S.133-LTransfer of land under sections 133-H, 133-I, 133-J and 133-K subject to conditions S.134Papers kept by village officers to be deemed public documents S.135Costs S.136Restriction on Revenue Officers bidding at auction or trading S.137Power to make rules S.138Rules S.138-A138-A S.139Exclusion of jurisdiction of civil Courts in matters within the jurisdiction of Revenue Officers S.140Repeal S.140-ARegularization of certain cases of unauthorised occupation S.141Removal of difficulties