Exceptions.

The provision of this Act, except those specified in column 2 of the sub-joined table, shall not apply to the categories of land specified in column I thereof :––

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Column 1. Column 2.

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(a) Evacuees’ land ;

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Clause (c) of sub-section (2) of
section 4 and sections 5, 7, 13
and 14 and sub-section (3) of
section 26.

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Provided that nothing herein shall––

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(i) confer any ownership rights upon
a displaced or other person in
any Evacuees’ land ; or

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(ii) affect or interfere with the rights
of possession or legal obligation of a
displaced or other person conferred
or imposed by or under any law,
rule or order, for the time being
in force in respect of such land.

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(b) Land owned, held or acquired
by the Government of Jammu and
Kashmir or the Government of India,
other than,––
Sections 26, ¹[X X X]
38 and 39

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(i) land vested or deemed to have
been vested in the ²[Union territory of
Jammu and Kashmir] by or under
this Act ; and

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(ii) land described in Schedule II

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(c) Land owned by any industrial
or commercial undertaking or set apart or
acquired by the Government for use
for industrial or commercial or
residential purposes :

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Provided that exemption under this
clause shall cease to apply,
if after such enquiry as may be
prescribed, the Government is of the
opinion that such industrial or commercial
undertaking has failed to utilise the
land for that purpose within such
time as may be prescribed.
³[XXX]

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(d) Land owned, held or acquired by
such educational and other public
institutions as may be notified by
the Government.
Nil

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(e) Land owned, held or acquired
by the Universities of the
²[Union territory of Jammu and Kashmir]
established by law and Municipalities,
Town Area Committees, Notified Area
Committees, Cantonment Boards and other
local bodies and Panchayats of the
²[Union territory of Jammu and Kashmir].
Nil

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(f) Land ⁴[x x x x], which is unculturable
or in the form of arak, kap or
kah-i-krisham or which grows fuel
or fodder and belongs to such class
as is notified by the Government,
not exceeding four standard acres per
family.
Sections 13 ³[XXX]

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Explanation.––For purposes of clause (f)
the area should be unculturable
or used for growing fuel or fodder
and also recorded as such in the
revenue records.

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⁵(g) Omitted.

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(h) Land––

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(i) requisitioned under any law for the
time being in force ; or
³[XXX]

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(ii) situate in depopulated villages of
Poonch and Rajouri Districts and
notified as such by the
Government ; or
³[XXX]

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(iii) lying in such border areas as are
declared by the Government to
be insecure for cultivation :
³[XXX]

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Provided that such provisions of this
Act, as are notified by the Government,
shall apply to such lands as and
when such lands are de-requisitioned or
permitted to be reoccupied or become
secure for cultivation, as the case
may be,––

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(i) Private springs, wells and village
roads.
Nil

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(j) Residential buildings or structures
along with sites thereunder and land
appurtenant thereto :
³[XXX]

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Provided that the area under and
appurtenant to such residential building
or structure does not, along with land
exempted by clause (1) and the area
under and appurtenant to a
building in municipal area,
notified area, town area or village
abadi, exceed four kanals per family :

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Provided further that such exemption
may be utilised by a person for his
personal use or for use by a co-operative
society, of which such person is a
member, or for both, subject to
the condition that the aggregate area
so utilised does not exceed the
maximum of four kanals per family.

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(k) Such land as is reserved by the
Government for grazing ground or
for any public purpose.
Section 38.

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(l) Land reserved or acquired for
residential purposes subject to the
provisos to clause (j).
³[XXX]

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(m) Cemeteries and Burning or burial
grounds and land under
places of worship or appurtenant
thereto according to the revenue
records of Kharif, 1971.
Nil

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(n) Land vested in the ²[Union
territory of Jammu and Kashmir]
under the provisions of the Jammu
and Kashmir Big Landed Estates
Abolition Act, Samvat 2007 and
retained under sub-section (2) of
section 6 of the said Act ,––

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(i) under personal cultivation ;
Section 15 and clause (a)
of section 16.

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(ii) through a tiller.
Sub-section (1) of
section 4, sections
5 and 6, and sub-section
(2) of section 8,
sub-sections (1) and
(8) of section 9, section
15 and clause (b)
of section 16.

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(o) Land held by a co-operative
farming society :
Section 13 ³[X X X]

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Provided that no share-holder
of the society shall, along
with the other members of
the family, if any, to which
he belongs hold land,
including his share of land
in such society, in excess of
the ceiling area.