(1) Notwithstanding anything
contained in any law for the time being in force, but subject to the provisions
of this Chapter, all rights, title and interest in land of any persons, not cultivating it personally in Kharif, 1971, shall be deemed to have extinguished
and vested in the 1[Union territory of Jammu and Kashmir], free from all
encumbrances, with effect from the first day of May, 1973.
(2) Nothing in sub-section (1) shall apply to––
2[x x x x]
3[(b) (i) unit of land not exceeding 182 kanals including residential sites Bedzars and Safedzars] ; and
(ii) 4[Land]
held by such places of worship, waqafs or Dharmshallas, as are recorded in the revenue records or 5[notified by the Government from time to time or donated for purposes of wakaf by any person professing Islam or used as a wakaf property] :
Provided that the rights of tenant thereof shall be heritable according to the law of succession applicable to occupancy tenants ;
6[x x x x].
(c) land mentioned in Schedule II allotted to a displaced person :
Provided that :––
(i) such land and evacuees land, if any, allotted to the same displaced person, is situated in more than one village ; and
(ii) such displaced person cultivated personally the land in at least one village in Kharif, 1971.
(2) Nothing in sub-section (1) shall apply to––
2[x x x x]
3[(b) (i) unit of land not exceeding 182 kanals including residential sites Bedzars and Safedzars] ; and
(ii) 4[Land]
held by such places of worship, waqafs or Dharmshallas, as are recorded in the revenue records or 5[notified by the Government from time to time or donated for purposes of wakaf by any person professing Islam or used as a wakaf property] :
Provided that the rights of tenant thereof shall be heritable according to the law of succession applicable to occupancy tenants ;
6[x x x x].
(c) land mentioned in Schedule II allotted to a displaced person :
Provided that :––
(i) such land and evacuees land, if any, allotted to the same displaced person, is situated in more than one village ; and
(ii) such displaced person cultivated personally the land in at least one village in Kharif, 1971.
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020. 2. Clause (a) omitted ibid. 3. Clause (b) substituted by Act No. V of 1978, s. 4. 4. Substituted by Act No. VI of 2002, s. 2. 5. Substituted for “notified by the Government from time to time” ibid. 6. Words omitted by Act No. V of 1978, s. 4.