Section 4 in Jammu and Kashmir Agrarian Reforms Act, 1976
4. Vesting in the State of rights in land not held in personal cultivation
(1) Notwithstanding anything contained in any law for the lime being in force, but subject to the provisions of this Chapter, all rights, title and interest in land of any person, cultivating it personally in Kharif, 1971, shall be deemed to have extinguished and vested in the State, free from all encumbrances, with effect from the first day of May, 1973.(2)Nothing in sub-section (1) shall apply to (a)land held by gumpas of Ladakh District:Provided that the rights of tenants thereof shall be heritable according to the law of succession applicable to occupancy tenants and that no tenant or his successor shall be subject to payment of rent exceeding [xxx] [Words omitted by Act No. V of 1978, section 4.] the prevailing rent, [x x x] [Words omitted by Act No. V of 1978, section 4.] whether in cash or in kind;(b)[ (i) unit of land not exceeding 182 kanals including residential sites, bedzars and safedzars; and] [Clause (b) substituted ibid.](ii)[land] [Substituted by Act No. VI of 2002, section 2, for certain words.] held by such places of worship, Waqfs or Dharmshallas, as are recorded in the revenue records [notified by the Government from time to time or donated for the purposes of wakaf by any person professing Islam or used as a wakaf property] [Substituted for 'notified by the Government from time to time' by Act No. VI of 2002, section 2.]:Provided that the rights of a tenant thereof shall be heritable according to the law of succession applicable to occupancy tenants;[X X X X] [Words omitted by Act No. V of 1978, section 4.](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.[4-A. Cancellation of mutation Notwithstanding anything contained in any law for the time being in force or judgment or decree of a civil court any mutation attested under sections 4, 8 or 12 of this Act after its commencement, for any land mentioned in section 3 or sub-section (2) of section 4 by any revenue officer either on his own or in pursuance of any order of higher authority or order or judgment of a civil court shall he void, ab initio.] [Section 4-A inserted by Act VI of 2002, section 3.]
