122. Power to deposit certain sums other than rent.––
In either of the following cases, namely :––
(a) when a headman or other land-holder or an assignee of land revenue to whom any sum other than rent is payable on account of liability under this Act, refuses to receive the sum from, or to grant a receipt therefor to, the person by whom it is payable, or
(b) when the person by whom any such sum is payable is in doubt as to the headman or other land-holder, or the assignee of land revenue, entitled to receive it, that person may apply to Tehsildar within whose local jurisdiction the land in respect of which the payment is to be made is situate, for leave to deposit the sum in his office, and he shall receive the deposit, if after examining the applicant, he is satisfied that there is sufficient ground for the application, and if the applicant pays the fee, if any, which may be chargeable on any notice to be issued of the receipt thereof.
(2) When a deposit has been so received, the liability of the depositor to the headman or other land-holder, or the assignee of land revenue, for the amount thereof shall be discharged.
123. Disposal of the deposit. ––
(1) The Tehsildar receiving the deposit under the foregoing section shall give a notice of the deposit to every person who he has reason to believe claims or is entitled to the deposit and may pay the amount, to any person or persons appearing to him to be entitled to the same. In case he is unable to decide who should receive the amount, he shall record his reasons therefor and may retain the deposit pending the decision of a Civil Court.
(2) No suit or other proceeding shall be maintained against either the Government or any of its officers for any act done under this section. Nothing herein contained shall prevent the rightful person from maintaining a suit for recovery of the money from the person to whom the same may have been paid.
Execution of Orders of Civil and Criminal Courts by Revenue officers
124. Orders of Civil and Criminal Courts for execution of processes against land or the produce thereof to be addressed to a Revenue officer.––
Orders issued by any Civil or Criminal Court for the attachment, sale or delivery of any land or interest in land or for the attachment or sale of the produce of any land shall be addressed to the Collector and shall be executed by him or any officer appointed by him in accordance with the provisions of the law applicable to the Court issuing the orders and with any rules consistent therewith, made by the Government in consultation with the High Court.
125. Attachment of assigned land revenue. ––
(1) Notwithstanding anything in any other enactment for the time being in force, an order issued by any Court for the attachment of assigned land revenue shall require the person by whom the revenue is payable to pay it to the Tehsildar and the Tehsildar to hold it subject to the further orders of the Court.
(2) A payment to the Tehsildar under sub-section (1) shall be an effectual discharge to the person making it.
Preservation of attached Produce
126. Preservation of attached produce. ––
(1) The attachment of the produce of any land in pursuance of an order of any Court or other authority shall not prevent the person to whom the produce belongs from reaping, gathering or storing it, or doing any other act necessary for its preservation.
(2) The attaching officer shall do or cause to be done all acts necessary for the preservation of the produce if the person to whom it belongs fails to do so.
(3) When sale of produce follows on to attachment, the purchaser shall be entitled, by himself or by any person appointed by him in this behalf, to enter on the place where the produce is and do all that is necessary for the purpose of preserving and removing it.
Division of Produce
127. Division of produce.––
In either of the following cases, namely: ––
(a) where land revenue is paid by division or appraisement of the produce ;
(b) where a superior and an inferior land-holder, or two or more shareholders in a holding of tenancy, are jointly interested in any produce and either or any of the 1 [land-holders or occupant], as the case may be, desires the assistance of a Revenue officer, for the purpose of dividing or appraising the produce;
the provisions of the Jammu and Kashmir Tenancy Act, 1980, with respect to the division or appraisement of produce, shall apply so far as they can he made applicable.
1. Substituted by S.O. 3808(E) dated 26.10.2020 for “land-holders or tenant”.
Miscellaneous
128. Village Cesses. ––
(1) No village cess which is not sanctioned by the Government and the levy of which has not been established by judicial decision shall be levied in any estate by any landlord over and above the rent payable by 2 [an occupant].
(2) When a record-of-rights is being made or revised for an estate, or when the local area in which an estate is situate is being generally reassessed or at any other time when an order is made by the Government with respect to any estate, an Assistant Collector of the first class shall prepare a list of village cesses, if any, levied in the estate, which have been generally or specially approved by the Government.
(3) The Government may impose on the collection of any village cess comprised in the list prepared as above such conditions as to expenditure on Police or other establishments connected with the village market or fair as the Government may think fit.
(4) The Government may declare whether any particular cess, contribution or due levied in an estate is or in not a village cess and the said declaration shall be conclusive.
A cess or contribution levied in an estate shall cease to be leviable if it is not included in the list of cesses declared leviable by the Government.
2. Substituted ibid for “a tenant”.
129. Omitted.
1. Sections 129, 130 and 131 omitted by S.O. 3808(E) dated 26.10.2020
130. Omitted.
1. Sections 129, 130 and 131 omitted by S.O. 3808(E) dated 26.10.2020
131. Omitted.
1. Sections 129, 130 and 131 omitted by S.O. 3808(E) dated 26.10.2020
132. Penalty for failure to attend in obedience to order of Revenue officer. ––
(1) If a person required by a summons, notice, order or proclamation proceeding from a Revenue officer under the provisions of this Act to attend at a certain time at any place within the limits of his jurisdiction fails to comply with the requisition without a reasonable excuse, he shall be liable at the discretion of the Revenue officer to a fine which may extend to 2 [rupees fifty thousand] but shall not be less than 2 [rupees five thousand] in any case.
3 [(2) The fine so imposed shall be recoverable as arrears of land revenue.]
2. Substituted ibid for “rupees two thousand” and “rupees one thousand” respectively. (For earlier amendment see Act VII of 2002).
3. Added bt Act VII of 2002
133. Prevention of encroachment on common land. ––
(1) When land which has been reserved for the common purposes of the co-sharers therein has been encroached on by any co-sharer, a Revenue officer not below the rank of an Assistant Collector of the first class or the officer in-charge of the Settlement or an Assistant Collector of the first class subordinate to him may, on the application of any other co-sharer, eject the encroaching co-sharer from the land, and, by order duly proclaimed, forbid repetition of the encroachment.
4 [(2) 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.––
4. Sub-section (2) substituted by S.O. 3808(E) dated 26.10.2020.
(a) Subject to any law, agreement, custom, usage or any decree or order of any Court or other authority, for the time being in force, every person shall exercise the right of user in respect of any road, street, lane, path, Water Channel, Water Course and Water Source and other common land defined as such in any law or declared as such by the Government or the Board ;
(b) The right of user permitted by clause (a) shall not be deemed to include or otherwise confer, create or assign any right of encroachment, whether by means of construction, including fencing, walling or putting any barrier or by breaking up of land, diversion or otherwise.
(2-A) Penalty for denial of or obstruction in the exercise of right or for encroachment.—
(a) Where any person is denied, or obstructed in, the lawful exercise of his right of user as provided in sub-section (1), or where any person has taken possession of or brought under cultivation or otherwise encroached upon any common land as described above, or when any person, without due authority, has taken possession of land belonging to the Government, a Revenue Officer may, on his own motion or on the application of any person interested and after such enquiry as may be deemed necessary,––
(i) direct the free exercise of the right of user and the removal of the obstruction, where the exercise of such right is found to have been denied or obstructed ;
(ii) eject the person who has taken possession of or brought under cultivation or otherwise encroached upon such common land and take possession of such land without paying any compensation for crops or improvements, and may also, by order duly proclaimed, forbid repetition of the encroachment ;
(iii) inflict a fine not less than twenty five thousand rupees and as prescribed by Board from time to time, on such person or persons as are found to have denied or obstructed the exercise of the right of user in respect of or to have taken possession of or brought under cultivation or otherwise encroached upon such common land.
(b) Orders of removal of obstruction or ejectment under sub-section (3) shall be enforced in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908).
(c) Where the Government land has been encroached upon, the person committing the offence, on conviction by a Judicial Magistrate of first class shall, for each of such offence, be punishable with imprisonment of one year or a fine of not less than twenty-five thousand rupees or both.]
(3) When land has been brought under cultivation by a person entitled under the rules or orders in force to bring it under cultivation, but a Revenue officer not below the rank of Tehsildar in any enquiry made under section 24 of this Act finds that, for reasons to be recorded by him, the cultivation of such land should be prohibited, he may eject the person cultivating it and may, by order duly proclaimed, forbid its further cultivation.
1 [(4) No compensation shall be claimed by any person for any damage which he may sustain in consequence of the dismantling of any structure or removal of any material from the site under this section.]
2 [x x x x]
3 [(6) In enforcing these orders a Revenue Officer shall have all the powers in regard to contempts, resistance and the like which a Civil Court may exercise in the execution of a decree.
(7) Any fine, if not paid in cash, shall be recovered as an arrear of land revenue.]
1. Sub-section (4) substituted by Act XXVIII of 1973, s. 3.
2. Sub-sections (4-a), (4-b) and (5) omitted by S.O. 3808(E) dated 26.10.2020.
3. Sub-sections (6) and (7) inserted ib
4 [133-A. Restriction on conversion of agricultural land and process for permission of non agriculture (NA) use. ––
(1) Subject to the procedure notified in sub-section (4), no land used for agriculture purposes shall be used for any non-agricultural purposes except with the permission of the District Collector:
Provided that the permission for conversion of land notified as Saffron Belt shall be made as per procedure prescribed under the Jammu and Kashmir Saffron Act, 2007 :
Provided further that holder of any agriculture land may construct a residential house or erect farm building, grain storage, primary processing of agriculture produce, wells or tanks or make any other improvements thereon for residential purpose or agricultural improvement, on intimation to the Tehsildar concerned, however, the plinth area of such building or improvement shall not exceed four hundred Square meters in total :
Provided also that any attempt to convert agriculture land for non agriculture use by contravening the aforesaid provisos by way of fragmenting the land or otherwise shall be considered violation of the provisions of this Act.
(2) Notwithstanding anything contained in sub-section (1), an owner or occupant, who wishes to put his agricultural land into non-agricultural uses as provided in the regional plan, development plan or master plan as the case may be, shall do so it after payment of conversion charges as prescribed by the Board from time to time.
(3) Notwithstanding anything contained in sub-sections (1) and (2), no such permission shall be granted in the areas notified as Eco-sensitive Zone by the Government.
(4) The Board shall notify detailed procedure, prescribe forms and fix fee for conversion of agriculture land to non-agricultural purpose.]
4. Section 133-A substituted ibid.
1 [133-B. No person shall––
(a) convert any water-surface, water field or floating field into land by filling or by any other process ;
(b) fill with earth, stones, rubble or any other matter or fence or enclose in any manner whatsoever, any water, for creating a water field or floating field or expanding the area of any authorised water field or a floating field ;
(c) use any water surface, water field or floating field for mooring a floating field (Radh) thereon within such limits as may by specified by the Government; in any lake in Kashmir Province without the permission in writing of the Government.
EXPLANATION:––
For purposes of this section “Lake in Kashmir Province”, means “Gagribal Lake”, “Dal Lake”, “Nagin Lake”, “Anchar Lake”, “Mansbal Lake”, “Hokarsar Lake”, “Haigam Rakh”, and such other lakes as may be notified by the Government from time to time and every such lake shall comprise of such areas, waters, water fields and floating fields as the Government may, by general or special order specify in respect of each lake.
1. Sections 133-B, 133-C, 133-D, 133-E, 133-F and 135-G inserted by Act VI of 1971.
2 [133-BB. Restriction on use of grazing land, etc. and prohibition on transfer. ––
(1) The land which is in the form of grazing land, arak, kap or kahi-krisham or which grows fuel or fodder and belongs to such class as is notified by the Government shall not be used for any other purpose except with the permission of the District Collector who shall accord permission only in accordance to the regulations notified by the Board :
Provided that such permission shall be deemed to be accorded where land is being acquired permanently or hired temporarily for public purposes under the relevant Act :
Provided further that the transfer of such land or any interest therein shall not be permissible and no documents relating to the transfer of such land shall be admitted to registration.
(2) The Board shall be competent to notify regulations for the purposes of this section.]
2. Section 133-BB inserted by S.O. 3808(E) dated 26.10.2020.
1 [133-C. Land converted in violation to escheat to Government. ––
(1) Any land converted for other purposes in violation of the provisions of section133-A or section133-B or 133-BB shall escheat to the Government.
(2) The Collector or any other officer as he may authorise, may direct such person to remove the contravention and restore the land or water-surface or water field or floating field, as the case may be, to its original condition by a particular date and if such person fails to do so, within the prescribed time, the Collector or such officer may, remove or cause to be removed the contravention and in doing so, may use such force as may be necessary and impose the cost of restoration thereof on the violator.
(3) Without prejudice to the provisions of sub-section (1) or sub-section (2), the person found to have contravened the provisions of section 133-A or section 133-B or Section 133-BB, shall be punishable by the Collector or any officer not below the rank of an Assistant Collector of the first class as may be authorised by him with penalty which may extend to twenty-five thousand rupees and till such time such contravention is removed he shall be punished further with a penalty of five thousand rupees for each day during which the contravention continues.
(4) (a) Any person aggrieved by an order made under section133-C or section 133-D, may prefer an appeal to the Divisional Commissioner within a period of thirty days from the date the order is passed.
(b) An appeal under clause (a) shall not operate as a stay of the proceedings under an order appealed from.
(5) Notwithstanding anything contained in any other law for the time being in force, nothing done or purporting to have been done by the Collector, or the officer authorised by him in this behalf, under sections 133-A, 133-B,133-BB or 133-C shall be called in question in any Court and no Court shall entertain any suit or proceeding or grant any injunction with respect to any action or thing or any matter for which a proceeding has been taken under the said provisions.]
1. Section 133-C substituted by S.O. 3808(E) dated 26.10.2020.
133-D. Without prejudice to the provisions of section 133-C, the person found under that section to have contravened the provisions of section 133-A or section 133-B, shall be punishable by the Collector or any officer not below the rank of an Assistant Collector of the first class as may be authorised by him with fine which may extend to 1 [twenty-five thousand rupees] and till such time such contravention is removed he shall be punished further with a fine of 1 [five thousand rupees] for each day. 2
1. Substituted by S.O. 3808(E) dated 26.10.2020 for “five thousand rupees” and “five hundred rupees” respectively. (For earlier amendment see Act VII of 2002).
133-E. Omitted.
2. Section 133-E omitted ibid.
133-F. (1) Any person aggrieved by an order made under section 133-C or section 133-D, may prefer an appeal to the Divisional Commissioner within a period of thirty days from the date the order is passed.
(2) An appeal under sub-section (1) shall not operate as a stay of the proceedings under an order appealed from :
Provided that the Divisional Commissioner may stay the execution of the order under section 133-C and section 133-D, if he is satisfied that substantial loss may result to the party applying for stay of execution unless the order is made and that sufficient security has been given by the applicant for the due performance of such an order as may ultimately be binding upon him.
133-G. Notwithstanding anything contained in any other law for the time being in force, nothing done or purporting to have been done by the Collector, or the officer authorised by him in this behalf, under sections 133-A, 133-B, 133-C and 133-D or by the Divisional Commissioner under section 133-F, shall be called in question in any Court and no Court shall entertain any suit or proceeding or grant any injunction with respect to any action or thing or any matter for which a proceeding has been taken under the said provisions.]
3 [133-H. Transfer of land to non-agriculturist barred. ––
(1) Save as provided in this Act,––
(a) no sale (including sale in execution of a decree of a Civil court or for recovery of arrears of land revenue or for sum recoverable as arrears of land revenue), gift or exchange, or
(b) no mortgage of any land or interest therein, in which the possession of mortgaged property is delivered to the mortgagee, or
(c) no agreement made by instrument in writing for the sale, gift, exchange, or mortgage of the land,
shall be valid in favour of a person who is not an agriculturist:
Provided that the Government or an officer authorized by it in this behalf may grant permission to an agriculturist to alienate the land to a non agriculturist by way of sale, gift, exchange or mortgage or for such agreement on such conditions as may be prescribed:
Provided further that nothing in this sub-section shall bar lease of land or any other arrangement for entering into a farming or production agreement under the provisions of any law for the time being in force for the purpose of promotion of agriculture and improvement of land.
Explanation:––
For the purpose of this section ,the expression––
(a) “agriculturist” means a person:––
(i) who cultivates land personally in the Union territory of Jammu and Kashmir as on such date as may be notified by the Government ; or
(ii) such category of persons as maybe notified by the Government from time to time.
(b) “land” means the land recorded as agricultural land including village abadideh, by whatever name called, in the revenue records being used for agriculture purposes or for purposes subservient to agriculture or for pasture or being used for residential purposes in rural areas.
(c) “to cultivate land personally” means to cultivate:––
(i) on one’s own account;
(ii) by one’s own labour;
(iii) by the labour of any member of one’s family; or
(iv) under the personal supervision of oneself or of any member of one‘s family by hired labour or by servants on wages payable in cash or kind but not in crop share.
(2) Nothing contained in sub-section (1) shall be deemed to prohibit the transfer of land, by any person or Government, as defined in sub-section (1) in favour of,––
(a) a land less person or a village artisan as per eligibility, residency conditions and procedure to be prescribed and notified by the Government ;
(b) any Government ;
(c) a Company or a Corporation or a Board established by or under a statute and owned and controlled by the Government or a Government Company as defined in the Companies Act, 2013 (18 of 2013) :
Provided that the land under clauses (b) and (c) is acquired through the Government for public purpose under the relevant law in force.
(3) No Registrar or Sub-Registrar appointed under the Registration Act, 1908 (16 of 1908), shall register any document pertaining the transfer of land, which is in contravention of sub-section (1).
(4) Where––
(a) the Registrar or the Sub-Registrar, appointed under the Registration Act, 1908 916 of 1908), before whom any document pertaining to transfer of land is presented for registration comes to know or has reason to believe that the transfer of land is in contravention of sub-section (1) ;
(b) a Revenue Officer either on an application made to him or on receipt of any information from any source comes to know or has reason to believe that any land has been transferred or is being transferred in contravention of the provisions of sub-section (1),
such Sub-Registrar, the Registrar or the Revenue Officer, as the case may be, shall make reference to the Deputy Commissioner of the District in which land or any part thereof is situated, and the Deputy Commissioner, on receipt of such reference or otherwise on receipt of such information shall after affording to the persons who are parties to the transfer, a reasonable opportunity of being heard and holding an enquiry, determine whether the transfer of land is or, is not in contravention of sub-section (1) and he shall, within three months from the date of receipt of reference made to him, record his decision thereon and intimate the findings to the Registrar, Sub-Registrar or the Revenue Officer concerned.
(5) The person aggrieved by the findings recorded by the Deputy Commissioner that a particular transfer of land is in contravention of the provisions of sub-section (1), or in absence of any decision/findings by the Deputy Commission in three months, may within a period of 30 days from the date on which the order of recording such findings is made by the Deputy Commissioner or three months from the date of reference to Deputy Commission or such longer period as the Divisional Commissioner may allow for reasons to be recorded in writing file an appeal to the Divisional Commissioner, to whom such Deputy Commissioner is subordinate, and the Divisional Commissioner may, after giving the parties an opportunity of being heard of the case from the Collector reverse, alter or confirm the order made by the Deputy Commissioner and the order made by the Divisional Commissioner shall be final and conclusive.
(6) (a) The Financial Commissioner may, either on a report of a Revenue Officer or on an application or of his own motion, call for the record of any proceedings which are pending before, or have been disposed of by, any Revenue Officer subordinate to him and in which no appeal lies thereto, for the purpose of satisfying himself as to the legality or propriety of such proceedings or order made therein and may pass such order in relation thereto as he may think fit.
(b) No order shall be passed under this sub-section which adversely affects any person unless such person has been given an opportunity of being heard.
(7) Where the Deputy Commissioner of the District under sub-section (6), in case an appeal is not made within the prescribed period or the Divisional Commissioner in appeal under sub-section (7) or the Financial Commissioner in revision, under sub section (8), decides that the transfer of land is in contravention of the provisions of sub-section (1), such transfer shall be void ab-initio and the land involved in such transfer together with structures, buildings or other attachments, if any, shall, in the prescribed manner, vest in the Government of the Union territory of Jammu and Kashmir free from all encumbrances.
(8) It shall be lawful for the Government of the Union territory of Jammu and Kashmir to make use of the land which is vested or may be vested in it under sub-section (4) or sub-section (9) for such purposes as it may deem fit to do so.
(9) The provision of this section shall come into effect from a date to be notified by the Government in the Official Gazette.
3. Section 133-H, 133-I, 133-J, 133-K and 133-L inserted ibid.
133-I. Transfer of land in favour of public trust for charitable purposes.––
Notwithstanding anything contained in section 133-H and subject to such procedure, as may be prescribed in this regard, the Government may, by notification in the official Gazette, allow transfer of land, as defined in said section, in favour of eligible public trust established under law for charitable purpose and which is non-profitable in nature.
133-J. Transfer of land for the purpose of promotion of healthcare or education.––
Notwithstanding anything contained in section 133-H and subject to such procedure, as may be prescribed in this regard, the Government may, by notification in the official Gazette, allow transfer of land, as defined in said section, in favour of a person or an institution for the purpose of promotion of healthcare or senior secondary or higher or specialized education in the Union territory of Jammu and Kashmir.
133-K. Transfer of land for industrial, commercial or housing agricultural purposes or any other public purpose.––
Notwithstanding anything contained in section 133-H and subject to such procedure, as may be prescribed in this regard, the Government may, by notification in the official Gazette, allow transfer of land, as defined in said section, in favour of any person, institution or corporation, for such industrial or commercial or housing purposes or agricultural purposes or any other public purpose as may be notified by the Government for industrial and commercial development of the union territory.
133-L. Transfer of land under sections 133-H, 133-I, 133-J and 133-K subject to conditions. ––
(1) Any non-agriculturist in whose favour land has been transferred under sections 133-H(1) and (2)(a), 133-I, 133-J and 133-K shall, irrespective of transfer of such land, continue to be a non-agriculturist for the purposes of section 133-H and he shall put the land to such use for which land has been transferred within, a period of five years :
Provided that the Government may extend the above time period for a further period not exceeding two years on payment of penalty equal to one percent per month of the value of the land calculated on the basis of notified stamp duty rates applicable for such land.
(2) In case, such person fails to put the land for its intended use or diverts, without the permission of the Government, the said use for any other purpose or transfer by way of sale, gift or otherwise, the land so purchased by him shall vest in the Government free from all encumbrances.]
134. Papers kept by Village officers to be deemed public documents.––
(1) Any record or paper which a village officer is required by any law or by any rule having the force of law to prepare or keep shall be deemed to be the property of the Government.
(2) A village officer shall, with respect to any such record or paper in his custody, be deemed for the purposes of 1 [the Indian Evidence Act, 1872 (1 of 1872)], to be a public officer having the custody of a public document which any person has a right to inspect.
135. Costs. ––
(1) A Revenue officer may award or apportion the costs of any proceeding under this Act in any manner he thinks fit :
Provided that, if he orders that the costs of any such proceeding shall not follow the event, he shall record his reasons for the order.
136. Restriction on Revenue officers bidding at auction or trading.––
(1) 1 [An officer of the Revenue Department] or a person employed in a Revenue office or patwari or kanungo shall not––
(a) purchase or bid for, either in person or by agent, in his own name or that of another, or jointly or in shares with others, any property situated within his jurisdiction which any Revenue officer or Revenue Court has ordered to be sold, or
(b) in contravention of any rules made by the Government in this behalf, engage in trade.
(2) Nothing in sub-section (1) shall be deemed to preclude any person from becoming a member of a company incorporated under the Companies Act or any law in force in the 2 [Union territory of Jammu and Kashmir] regarding the incorporation of companies.
1. Substituted by S.O. 3808(E) dated 26.10.2020 for “the Evidence Act, XIII of 1977”.
2. Substituted ibid for “State”.
137. Power to make rules. ––
(1) The Government may, in addition to any other rules which may be made by it under this Act, frame rules con
(a) fixing the number and amount of the instalments, and the times and places and the manner, by, at, and in which any sum other than rent or land revenue, which is payable under this Act or of which a record has been made thereunder, is to be paid ;
(b) fixing the dates on which profits are to be divisible by headmen, or other persons by whom they are realised on behalf of co-sharers ;
(c) prescribing the fees to be charged for the service and execution of processes issued by Revenue officers and Revenue Courts, the mode in which those fees are to be collected, the number of persons to be employed in the service, and execution of those processes, and remuneration and duties of those persons ;
(d) regulating the procedure in cases where persons are entitled to inspect records of Revenue officers, or records or papers in the custody of village officers or to obtain copies of the same, and prescribing the fees payable for searches and copies ;
(e) prescribing forms for such books, entries, statistics and accounts as the Government thinks necessary to be kept, made or complied in Revenue offices, or submitted to any authority;
(f) declaring what shall be the language of any of those offices; and
(g) generally for carrying out the purposes of this Act. (2) Until rules are made under clauses (a) and (b) of sub-section (1) the sums therein referred to shall be payable by instalments, at the times and places, and in the manner by, at, and in which they are now payable.
138. Rules.––
The rules to be framed under this Act shall be published in 1 [Official Gazette] and shall take effect from such date as may be mentioned therein, provided that such date is not less than 2 [fifteen days] after the publication.
1. Substituted by S.O. 3808(E) dated 26.10.2020 for “Government Gazette”.
2. Substituted by Act II of Samvat 2005 for “two months”.
138-A. The Government may by notification in the 1 [Official Gazette] delegate any of its functions or powers under this Act to any person specified in such notification.
Exclusion of Jurisdiction of Civil Courts
139. Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue officers.––
Except as otherwise provided by this Act–
(1) no Civil Court shall have jurisdiction in any matter which a Revenue officer is empowered by this Act to dispose of or take cognizance of ;
(2) a Civil Court shall not exercise jurisdiction over any of the following matters, namely:––
(i) any question as to the limits of any land which has been defined by a Revenue officer as land to which this Act does or does not apply ;
(ii) any claim to compel the performance of any duties imposed by this Act or any other enactment for the time being in force on any Revenue officer, as such ;
(iii) any claim to the office of 1 [ x x x x x ] village officer or in respect of any injury caused by exclusion from such office or to compel the performance of the duties or a division of the emoluments thereof ;
1. Words “Kanongo Zaildar, Inamdar or” omitted by Act XV of 1972.
(iv) any notification directing the making or revision of a record of-right ;
(v) the framing of a record-of-rights or annual record; or the preparation, signing or attestation of any of the documents included in such a record ;
(vi) the correction of any entry in a record-of-rights, annual record or register of mutations ;
(vii) any notification of the undertaking of the general reassessment of a district or tehsil having been sanctioned by the Government ;
(viii) the claim of any person to be liable for an assessment of land revenue or of any other revenue assessed under this Act ;
(ix) the amount of land revenue to be assessed on any estate or to be paid in respect of any holding under this Act ;
(x) the amount of, or the liability of any person to pay, any other revenue to be assessed under this Act, or any cess, charge or rate to be assessed on an estate or holding under this Act or any other enactment for the time being in force ;
(xi) any claim relating to the allowance to be received by a landholder who has given notice of his refusal to be liable for an assessment, or any claim connected with, or arising out of, any proceedings taken in consequence of the refusal of any person to be liable for an assessment under this Act ;
(xii) the formation of an estate out of waste-land ;
(xiii) any claim to hold free of revenue any land, mills, fisheries or natural products of land or water ;
(xiv) any claim connected with, or arising out of, the collection by the Government, or the enforcement by the Government of any process for the recovery of land revenue, or any sum recoverable as an arrear of land revenue ;
(xv) any claim to set aside, on any ground other than fraud, a sale for the recovery of an arrear of land revenue or any sum recoverable as an arrear of land revenue ;
(xvi) the amount of, or the liability of any person to pay any fees, fines, costs or other charges imposed under this Act ;
(xvii) any claim for partition of an estate, holding or tenancy, or any question connected with, or arising out of, proceedings for partition, unless such question is to be determined by a Civil Court as a question of title arising out of the said proceedings ;
(xviii) any question as to the allotment of land on the partition of an estate, holding or tenancy, or as to the distribution of land revenue on the partition of an estate or holding, or as to the distribution of rent on the partition of a tenancy ;
(xix) any claim to set aside or disturb a division or appraiserment of produce confirmed or varied by a Revenue officer under this Act ;
(xx) any question relating to the preparation of a list of village cesses or the imposition by the Government of conditions on the collection of such cesses ;
(xxi) any proceedings under this Act for the commutation of the dues of a superior land-holder ;
(xxii) any claim arising out of the enforcement of an agreement to render public service in lieu of payment of land revenue ;
(xxiii) any claim arising out of the liability of an assignee of land revenue to pay a share of the cost of collecting or reassessing such revenue, or arising out of the liability of an assignee to pay out of assigned land revenue, or of a person who would be liable for land revenue if it had not been released, compounded for or redeemed to pay on the land revenue for which he would but for such release, composition or redemption be liable, such a percentage for the remuneration of a Zaildar, Inamdar or village officer as may be prescribed by rules for the time being in force under this Act ; and
[(xxiv) the claim of any person for declaring ownership or any right in respect of grazing land and other prohibited Shamilat lands.]
1. Clause (XXIV) added by Act XV of 1972.
2 [140. Repeal. ––
(1) The following Acts and all rules thereunder and orders previously issued regarding matters dealt with in these Acts so far as they may be repugnant to this Act, shall be considered to have been repealed:––
(a) The Jammu and Kashmir Alienation of Land Act, Samvat 1995 ;
(b) The Jammu and Kashmir Big Landed Estates Abolition Act, Samvat 2007 ;
(c) The Jammu and Kashmir Common Lands (Regulation) Act, 1956 ;
(d) The Jammu and Kashmir Consolidation of Holding Act, 1962 ;
(e) The Jammu and Kashmir Land Improvement Schemes Act, 1972 ;
(f) The Jammu and Kashmir Prevention of Fragmentation of Agricultural Holdings Act, 1960 ;
(g) The Jammu and Kashmir Prohibition of Conversion of Land and Alienation of Orchards Act, 1975 ;
(h) The Jammu and Kashmir Tenancy (Stay of Ejectment Proceedings) Act, 1966 ;
(i) The Jammu and Kashmir Tenancy Act, Svt.1980 ;
(j) The Jammu and Kashmir Utilization of Lands Act, Svt. 2010.
(2) The Financial Commissioner Revenue shall prepare details of all pending and residual issues due to repeal of the Acts as mentioned in subsection (1) and place it before the Board and the Board shall accordingly take all possible steps for expeditious resolution of disputes and shall ensure final adjudication by the 31st March, 2021 of all the residual matters on fast track basis in the manner provided in sub-section (3).
(3) All pending disputes, cases, litigations and other residual matters under the repealed laws mentioned in sub-section (1) shall be disposed of by any one or more of the following methods, namely:––
(a) by negotiation or third party mediation or conciliation or arbitration where no Government interest is involved ;
(b) by referring to Lok Adalat in consultation with standing counsel where no Government interest is involved.
(4) The Board shall be competent to delegate the powers to the Revenue officers for expeditious disposal of cases as it may deem fit.
2. Sections 140, 140-A and 141 inserted by S.O. 3808(E) dated 26.10.2020.
140-A. Regularization of certain cases of unauthorised occupation. ––
(1) The Government may make rules for regularisation of unauthorised occupation, if any, arising on account of repeal of Acts under sub section (1) of section 140 :
Provided that such regularization may be permitted subject to payment of levy or fees to the Government at a rate not less than the fifty percent of the circle rate notified by the Government for such type of land in the particular area :
Provided further that no such regularization shall be permitted after 31st December, 2021.
(2) Notwithstanding such repeal, anything done, any action taken, any order or notification issued, under any of the provisions of law repealed under sub-section (1) of section 140 shall be deemed to have been done, taken or issued under the corresponding provisions of this Act, as if such provisions of this Act were in force on the day such thing was done, action was taken or order or notification was issued.
141. Removal of difficulties.––
If any difficulty arises in giving the effect to the provisions of this Act, the Government may by Order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as it appears to be necessary or expedient for the purpose of removing the difficulty.]
