(1) The Government shall be competent,
subject to the provisions of sub-sections (2) and (3), to dispose of land,
vested or which may vest in the 13[Union territory of Jammu and Kashmir]
under this Act and become surplus and land, which is available under subsection (2) of section 6 of the Jammu and Kashmir Big Landed Estates
Abolition Act, Samvat 2007, in consideration of such levy as is provided for
in Schedule III and subject to such terms and conditions (including those
relating to reservation of adequate land for kahcarai) and in such manner, as
may be prescribed, anything contained in any law for the time being in force
notwithstanding :
Provided that 2[x x x x] arak, kap, kah-i-krisham and such areas growing fuel or fodder as are notified under clause (f) of section 3 shall continue to be used as such 2[x x x x] arak, kap, kah-i-krisham or for growing fuel or fodder, as the case may be :
Provided further that where the Government is satisfied that any land under use as an orchard has ceased to be fit for such continued use, Government may permit alternative use of such land subject to the condition that any excess area allowed beyond the normal ceiling of 12.5 standard acres on the consideration of the land being used as an orchard, shall vest in the 3[Union territory of Jammu and Kashmir] and be subject to disposal by the 3[Union territory of Jammu and Kashmir] in the manner provided under this Act.
(2) The land becoming surplus under this Act shall be allotted according to the priorities given below, namely :––
(a) first priority shall be given to tillers having less than the basic area of 2.5 standard acres ;
(b) second priority shall be given to ex-owners having less than the basic area of 2.5 standard acres ;
(c) third priority shall given to refugees of 1947 having less than 2.5 standard acres and having no other source of income ;
(d) fourth priority shall be given to landless agricultural labourers :
Provided that the landless persons of the same locality shall have priority of claim over those residing outside such locality ;
(e) fifth priority shall be given to the refugees of 1947 having more than 2.5 standard acres, but less than five standard acres; provided that all the members of the family of such refugee are actually engaged in agriculture and reside in the village in which the land is situate.
(3) In each category of eligible allottees mentioned in sub-section (2), everything else being equal :––
(a) first preference shall be given to person serving in defence force ;
(b) second preference shall be given to persons who were serving in defence force on or after the first day of April, 1965 ;
(c) third preference shall be given to gujjars and bakarwals ; and
(d) last preference shall be given to other applicants.
(4) Only so much of surplus land shall be allotted to any eligible allottee which along with the basic area already held by such allottee, adds up to 2.5 standard acres in the case of allottees falling under clauses (a), (b), (c) and (d) of sub-section (2) and five standard acres in the case of allottees falling under clause (e) of the aforementioned sub-section.
4[(4-a) Notwithstanding anything contained in the foregoing provisions of this section, the Government shall be competent to give first priority to the refugees of 1947 in the allotment of surplus land for making up the deficiencies in the unit of land prescribed under any of the orders issued by it in this behalf :
Provided that the aggregate land shall not exceed the ceiling area].
(5) The person allotted land under this section shall be entitled to acquire ownership rights of such land on payment of such levy in such manner as is mentioned in part C of Schedule III.
Explanation.––For purpose of this section, ‘‘basic area’’, in reference to a person, shall mean the aggregate area of land, held as owner or as tenant or otherwise, by a person and other members of his family, if any, as it existed, in respect of refugees of 1947, in the year of allotment in each individual case subject to such date being not later than the first day of September, 1950, and in case of others, on the first day of May, 1973.
Provided that 2[x x x x] arak, kap, kah-i-krisham and such areas growing fuel or fodder as are notified under clause (f) of section 3 shall continue to be used as such 2[x x x x] arak, kap, kah-i-krisham or for growing fuel or fodder, as the case may be :
Provided further that where the Government is satisfied that any land under use as an orchard has ceased to be fit for such continued use, Government may permit alternative use of such land subject to the condition that any excess area allowed beyond the normal ceiling of 12.5 standard acres on the consideration of the land being used as an orchard, shall vest in the 3[Union territory of Jammu and Kashmir] and be subject to disposal by the 3[Union territory of Jammu and Kashmir] in the manner provided under this Act.
(2) The land becoming surplus under this Act shall be allotted according to the priorities given below, namely :––
(a) first priority shall be given to tillers having less than the basic area of 2.5 standard acres ;
(b) second priority shall be given to ex-owners having less than the basic area of 2.5 standard acres ;
(c) third priority shall given to refugees of 1947 having less than 2.5 standard acres and having no other source of income ;
(d) fourth priority shall be given to landless agricultural labourers :
Provided that the landless persons of the same locality shall have priority of claim over those residing outside such locality ;
(e) fifth priority shall be given to the refugees of 1947 having more than 2.5 standard acres, but less than five standard acres; provided that all the members of the family of such refugee are actually engaged in agriculture and reside in the village in which the land is situate.
(3) In each category of eligible allottees mentioned in sub-section (2), everything else being equal :––
(a) first preference shall be given to person serving in defence force ;
(b) second preference shall be given to persons who were serving in defence force on or after the first day of April, 1965 ;
(c) third preference shall be given to gujjars and bakarwals ; and
(d) last preference shall be given to other applicants.
(4) Only so much of surplus land shall be allotted to any eligible allottee which along with the basic area already held by such allottee, adds up to 2.5 standard acres in the case of allottees falling under clauses (a), (b), (c) and (d) of sub-section (2) and five standard acres in the case of allottees falling under clause (e) of the aforementioned sub-section.
4[(4-a) Notwithstanding anything contained in the foregoing provisions of this section, the Government shall be competent to give first priority to the refugees of 1947 in the allotment of surplus land for making up the deficiencies in the unit of land prescribed under any of the orders issued by it in this behalf :
Provided that the aggregate land shall not exceed the ceiling area].
(5) The person allotted land under this section shall be entitled to acquire ownership rights of such land on payment of such levy in such manner as is mentioned in part C of Schedule III.
Explanation.––For purpose of this section, ‘‘basic area’’, in reference to a person, shall mean the aggregate area of land, held as owner or as tenant or otherwise, by a person and other members of his family, if any, as it existed, in respect of refugees of 1947, in the year of allotment in each individual case subject to such date being not later than the first day of September, 1950, and in case of others, on the first day of May, 1973.
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020. 2. The word ‘orchard’ omitted by Act No. V of 1978, s. 6. 3. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020. 4. Sub-section (4-a) along with proviso inserted by Act No. VII of 1979, s. 4.