In this Act, unless there is something repugnant in the
subject or context,—
1[(1) “Agricultural land” means land which is used or is capable of being used for the agriculture and allied activities including fallow land ;
(2) “Agriculture and Allied Activities” shall mean raising of crops including food and non-food crops, fodder or grass; fruits and vegetables, flowers, any other horticultural crops and plantation; animal husbandry and dairy; poultry farming, stock breeding; fishery; agro forestry, agro-processing and other related activities by farmers and farmer groups ;
(3) “Board” means “Board of Revenue”, constituted under this Act ;
(4) “Competent Authority” means the Tehsildar or a Revenue Officer of equal rank ;]
2[(5)] “estate” means any area —
(a) for which a separate record-of-rights has been made ;
(b) which has been separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for or redeemed ; or
(c) which the Government may, by general rule or special order, declare to be an estate ;
3[(6) “Government” means the Government of the Union territory of Jammu and Kashmir ;]
4[(7)] “land” means land which is occupied or has been let for agricultural purposes or for purposes subservient to agriculture or for pasture and includes the sites of buildings and other structures situated in such land and trees standing on such land, as well as areas covered by or fields floating over water, and sites of jandars and gharats but does not include the sites of any building in a town or village abadi or any land appurtenant to such building or sites ;
5[(8)] “land-holders” does not include 6[an occupant] or an assignee of land revenue, but does include land-owner, chakdar, and a person to whom a 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 ;
7[(9)] “holding” means a share or portion of an estate hold by one landholder or jointly by two or more land-holders ;
8[(10) “Regional Plan” means the land use plan notified by the Competent Authority for the areas falling out of local area notified under the Development Act 1970 ;]
9[x x x x]
10[(11)] “land revenue” includes assigned land revenue and any sum payable in respect of land by way of quit rent or of commutation for service to the Government or to a person to whom the Government has assigned the right to receive the payment ;
10[(12)] “arrear of land revenue” means land revenue which remains unpaid after the date on which it becomes payable ;
10[(13)] “defaulter” means a person liable for an arrear of land revenue, and includes a person who is responsible as surety for the payment of the arrear 11[or is a lambardar or a public servant who recovers the land revenue ;]
10[(14)] “rates and cesses” means rates and cesses which are primarily payable by land-holders and includes —
(a) any annual rate chargeable on holders of lands under section 56 of the 12[Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010] ;
(b) the village officer’s cesses ;
(c) the education and road cesses ;
(d) sums payable on account of village expenses ; and
(e) sanitation cess ;
13[(15)] “village cess” includes any cess, contribution or due which is customarily leviable within an estate and is neither a payment for the use of private property or for personal service, nor imposed by or under any enactment for the time being in force ;
13[(16)] “village officer” means and includes 14[x x x] 15[x x x] a lambardar, 16[x x x] ;
13[(17)] “Revenue officer” in any provision of this Act means a Revenue officer having authority under this Act, to discharge the functions of a Revenue officer under that provision ;
17[(18) “Occupant” means the person under occupation of the land as protected tenant or occupancy tenant as defined under the repealed Tenancy Act or otherwise in authorized cultivation of the land ;]
18[x x x x]
19[20[(19)] 21[“Agricultural year” means the year notified by the Board from time to time for different years :]
Provided that, the Government may, by previous notification in the 22[Official Gazette], alter this definition ;
23[(20)] “notification” means a notification published in the official Gazette by authority of Government ;
23[(21)] “incumbrance” means a charge upon or claim against land arising out of a private grant or contract ;
23[(22)] “survey-mark” includes boundary mark ;
23[(23)] “date of a Regular Settlement” means, as regards any estate, the date on which the record-of-rights of that estate, prepared at such Settlement, was finally attested ;
24[(24) “Water channel”, “Water Course” and “Water Source” referred to in this Act shall have the same meaning as defined in the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010.]
1[(1) “Agricultural land” means land which is used or is capable of being used for the agriculture and allied activities including fallow land ;
(2) “Agriculture and Allied Activities” shall mean raising of crops including food and non-food crops, fodder or grass; fruits and vegetables, flowers, any other horticultural crops and plantation; animal husbandry and dairy; poultry farming, stock breeding; fishery; agro forestry, agro-processing and other related activities by farmers and farmer groups ;
(3) “Board” means “Board of Revenue”, constituted under this Act ;
(4) “Competent Authority” means the Tehsildar or a Revenue Officer of equal rank ;]
2[(5)] “estate” means any area —
(a) for which a separate record-of-rights has been made ;
(b) which has been separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for or redeemed ; or
(c) which the Government may, by general rule or special order, declare to be an estate ;
3[(6) “Government” means the Government of the Union territory of Jammu and Kashmir ;]
4[(7)] “land” means land which is occupied or has been let for agricultural purposes or for purposes subservient to agriculture or for pasture and includes the sites of buildings and other structures situated in such land and trees standing on such land, as well as areas covered by or fields floating over water, and sites of jandars and gharats but does not include the sites of any building in a town or village abadi or any land appurtenant to such building or sites ;
5[(8)] “land-holders” does not include 6[an occupant] or an assignee of land revenue, but does include land-owner, chakdar, and a person to whom a 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 ;
7[(9)] “holding” means a share or portion of an estate hold by one landholder or jointly by two or more land-holders ;
8[(10) “Regional Plan” means the land use plan notified by the Competent Authority for the areas falling out of local area notified under the Development Act 1970 ;]
9[x x x x]
10[(11)] “land revenue” includes assigned land revenue and any sum payable in respect of land by way of quit rent or of commutation for service to the Government or to a person to whom the Government has assigned the right to receive the payment ;
10[(12)] “arrear of land revenue” means land revenue which remains unpaid after the date on which it becomes payable ;
10[(13)] “defaulter” means a person liable for an arrear of land revenue, and includes a person who is responsible as surety for the payment of the arrear 11[or is a lambardar or a public servant who recovers the land revenue ;]
10[(14)] “rates and cesses” means rates and cesses which are primarily payable by land-holders and includes —
(a) any annual rate chargeable on holders of lands under section 56 of the 12[Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010] ;
(b) the village officer’s cesses ;
(c) the education and road cesses ;
(d) sums payable on account of village expenses ; and
(e) sanitation cess ;
13[(15)] “village cess” includes any cess, contribution or due which is customarily leviable within an estate and is neither a payment for the use of private property or for personal service, nor imposed by or under any enactment for the time being in force ;
13[(16)] “village officer” means and includes 14[x x x] 15[x x x] a lambardar, 16[x x x] ;
13[(17)] “Revenue officer” in any provision of this Act means a Revenue officer having authority under this Act, to discharge the functions of a Revenue officer under that provision ;
17[(18) “Occupant” means the person under occupation of the land as protected tenant or occupancy tenant as defined under the repealed Tenancy Act or otherwise in authorized cultivation of the land ;]
18[x x x x]
19[20[(19)] 21[“Agricultural year” means the year notified by the Board from time to time for different years :]
Provided that, the Government may, by previous notification in the 22[Official Gazette], alter this definition ;
23[(20)] “notification” means a notification published in the official Gazette by authority of Government ;
23[(21)] “incumbrance” means a charge upon or claim against land arising out of a private grant or contract ;
23[(22)] “survey-mark” includes boundary mark ;
23[(23)] “date of a Regular Settlement” means, as regards any estate, the date on which the record-of-rights of that estate, prepared at such Settlement, was finally attested ;
24[(24) “Water channel”, “Water Course” and “Water Source” referred to in this Act shall have the same meaning as defined in the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010.]
1. Clauses (1), (2), (3) AND (4) inserted by S.O. 3808(E) dated 26.10.2020. 2. Existing clause (1) re-numbered as clause (5) ibid. 3. Clause (6) inserted ibid. 4. Existing clause (2) re-numbered as clause (7) ibid. 5. Existing clause (3) renumbered as clause (8) by S.O. 3808(E) dated 26.10.2020. 6. Substituted ibid for “a tenant”. 7. Existing clause (4) renumbered as clause (9) ibid. 8. Clause (10) inserted ibid. 9. Existing clause (5) omitted ibid. 10. Existing clauses (6), (7), (8) and (9) renumbered respectively as clauses (11), (12), (13) and (14) ibid. 11. Added by Act XV of 1972. 12. Substituted by S.O. 3808(E) dated 26.10.2020 for “section 56 of the Jammu and Kashmir State Canal and Drainage Act, 1963”. 13. Existing clauses (10), (11) and (12) renumbered as clauses (15), (16) and (17) respectively ibid. 14. Words “a Zaildar” omitted by Act XXVIII of 1956. 15. Words “a Safedposh” omitted by Act II of Svt. 2005. 16. Words “and a Patwari” omitted by Act XV of 1972. 17. Clause (18) inserted by S.O. 3808(E) dated 26.10.2020. 18. Existing clause (13) omitted ibid. (For earlier amendment see Act XXI of 1957.) 19. Existing clause (14) substituted by SRO-515 dated 30-12-1968. 20. Existing clause (14) renumbered as clause (19) ibid. 21.Opening para substituted ibid. 22. Substituted by S.O. 3808(E) dated 26.10.2020 for “Government Gazette”. 23. Existing clauses (15), (16), (17) and (18) renumbered as clauses (20), (21), (22) and (23) respectively ibid. 24. Clause (24) inserted ibid.