(1) A tiller shall, in respect of
land vested in the 1[Union territory of Jammu and Kashmir] by section
4, pay to the 1[Union territory of Jammu and Kashmir] rent, which was
payable by him to the ex-landlord prior to the first day, 1973 in such form
and in such manner as may be prescribed, until such land is resumed under
section 7 or until such tiller acquires ownership rights therein under
section 8.
(2) The Government shall arrange to pay such rent in such form and such manner as may be prescribed, after deducting therefrom ten per centum of the cash equivalent thereof as collection charges to the ex-landlord, or to the person claiming through him, until such time as is specified in subsection (1).
(3) The Government shall notify from time to time the cash equivalent of different types of agricultural produce for purposes of this section.
(4) Where the ex-landlord mentioned in sub-section (1) was an intermediary holding land, prior to the first day of May, 1973, under an owner, nothing herein shall be deemed to affect the liability of such intermediary to pay rent (after deducting therefrom the share of collection charges calculated on pro-rata basis) to such ex-owner for such land, and such rent shall, after such deduction be payable by such ex-intermediary to such exowner as if their rights had not been extinguished by section 4, and provisions of the Jammu and Kashmir Tenancy Act, Samvat 1980 relating to recovery of rent shall apply thereto.
(5) The right of ex-intermediary or ex-owner to recover rent for land from the 1[Union territory of Jammu and Kashmir] or from such ex-intermediary, as the case may be, shall be heritable according to the law of succession that was applicable to him before the extinguishment of rights in such land and shall also be transferable subject to provisions of section 31.*
(6) The liability for payment of land revenue together with cesses and dues payable under any law or rule, for the time being in force of an exowner of land shall continue during the period he is entitled to recover from the Government or from the ex-intermediary, as the case maybe, rent under this section, and for purposes of the Jammu and Kashmir Land Revenue Act, 1996 such ex-owner shall be deemed to be a land-holder.
(7) Arrears of rent accrued due from the first day of May, 1973 up to the date of commencement of this Act shall also be recoverable by the Government from the tillers in such form as may be notified and paid to the ex-landlord after deducting ten per centum as collection charges.
(8) Where rent was recoverable in kind prior to the first day of May, 1973, the following rates of produce shall be assumed for purposes of calculating rent recoverable from the prospective owner under this section, namely :––
(i) where the prospective owner and the ex-owner agree, the rates of produce so agreed upon by them ;
(ii) where there is no agreement between the prospective owner and the ex-owner, chakla rates ;
(iii) where complaint is made to a revenue Officer that chakla rates are higher than actual rates of produce, the rates of produce that shall be determined by the Collector after summary enquiry ; and
(iv) where chakla rates are not available, the rates that shall be notified by the Government after necessary enquiry.
(2) The Government shall arrange to pay such rent in such form and such manner as may be prescribed, after deducting therefrom ten per centum of the cash equivalent thereof as collection charges to the ex-landlord, or to the person claiming through him, until such time as is specified in subsection (1).
(3) The Government shall notify from time to time the cash equivalent of different types of agricultural produce for purposes of this section.
(4) Where the ex-landlord mentioned in sub-section (1) was an intermediary holding land, prior to the first day of May, 1973, under an owner, nothing herein shall be deemed to affect the liability of such intermediary to pay rent (after deducting therefrom the share of collection charges calculated on pro-rata basis) to such ex-owner for such land, and such rent shall, after such deduction be payable by such ex-intermediary to such exowner as if their rights had not been extinguished by section 4, and provisions of the Jammu and Kashmir Tenancy Act, Samvat 1980 relating to recovery of rent shall apply thereto.
(5) The right of ex-intermediary or ex-owner to recover rent for land from the 1[Union territory of Jammu and Kashmir] or from such ex-intermediary, as the case may be, shall be heritable according to the law of succession that was applicable to him before the extinguishment of rights in such land and shall also be transferable subject to provisions of section 31.*
(6) The liability for payment of land revenue together with cesses and dues payable under any law or rule, for the time being in force of an exowner of land shall continue during the period he is entitled to recover from the Government or from the ex-intermediary, as the case maybe, rent under this section, and for purposes of the Jammu and Kashmir Land Revenue Act, 1996 such ex-owner shall be deemed to be a land-holder.
(7) Arrears of rent accrued due from the first day of May, 1973 up to the date of commencement of this Act shall also be recoverable by the Government from the tillers in such form as may be notified and paid to the ex-landlord after deducting ten per centum as collection charges.
(8) Where rent was recoverable in kind prior to the first day of May, 1973, the following rates of produce shall be assumed for purposes of calculating rent recoverable from the prospective owner under this section, namely :––
(i) where the prospective owner and the ex-owner agree, the rates of produce so agreed upon by them ;
(ii) where there is no agreement between the prospective owner and the ex-owner, chakla rates ;
(iii) where complaint is made to a revenue Officer that chakla rates are higher than actual rates of produce, the rates of produce that shall be determined by the Collector after summary enquiry ; and
(iv) where chakla rates are not available, the rates that shall be notified by the Government after necessary enquiry.
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020. * Section 31 has been omitted by Act No. XXXVIII of 1997, s. 3. So the words “subject to provisions of section 31” have become redundant and need to be deleted ........ (Editor).