Section 2(12) in Jammu and Kashmir Agrarian Reforms Act, 1976
(12)"Personal cultivation" by a person shall mean cultivation (a)by the person himself; or(b)by any member of the family, if any, to which he belongs; or(c)by a Khana-nishin daughter or khana-damad or a parent of the person; or(d)by a son, adopted son or pisarparwardah, not included in the family, if any, to which the said person belongs; or(e)by brother or sister of the person; or(f)in the case of such religious or charitable institutions of public nature as are notified by the Government, by a member of the management or, on behalf of the management, by a servant or hired labourer on payment of wages otherwise than as a share of crop; or(g)in the case of a person, who is minor, insane, physically disabled or incapacitated by old age or infirmity, widow or serving in defence force, or in detention or prison, by a servant or hired labourer under the personal supervision of the guardian or any agent of such person; provided that such servant or hired labourer or guardian or agent does not bear the risk or cost of cultivation nor receives wages or remuneration as a share of crop;Explanations. (i) Unauthorized cultivation shall not be deemed to be personal cultivation and, where land has been occupied unauthorisedly, the person who, but for such unauthorized occupation, would have been personally cultivating such land shall be deemed to be in personal cultivation:Provided that in the case of land (a)which cannot thus be deemed to be in the personal cultivation of any person; or(b)covered by section 24 of the Jammu and Kashmir Big Landed Estates Abolition Act, Svt. 2007; or(c)rights wherein have been transferred against the provisions of any law for the time being in force; personal cultivation shall be deemed to be that of the State:Provided further that only by reason of his having been unauthorised cultivation, such person shall not be ineligible for allotment of the land becoming surplus under this Act, including such land.(ii)Where any land has been exchanged in lieu of any other land as a result of consolidation proceedings under the Jammu and Kashmir Consolidation of Holdings Act, 1962, any person who was personally cultivating land, so exchanged in Kharif, 1971, shall be deemed to have been personally cultivating in that harvest the land acquired in lieu of that land.(iii)Where any land has been left fallow during Kharif, 1971 in normal course of agricultural husbandry, personal cultivation of such land in Kharif, 1971 shall be deemed to be of the person who personally cultivated it for three consecutive harvests prior to Kharif, 1971.(iv)Land under [x x x] [The word "orchard" omitted by Act No. V of 1978, section 2.] kah-krisham, pichi, Bedzar or safedzar, land growing fuel or fodder and un-culturable or banjar land situated outside demarcated, un-demarcated or berun-i-line forests, shall be deemed to be in personal cultivation of the owner.(v)Patches of gair-mumkin and zeri-sayah (under the shade of trees) land existing in a survey number shall be deemed to have been in personal cultivation of the person cultivating the rest of the land in such survey number personally in Kharif, 1971.(vi)Where land has been mortgaged with possession before or during Kharif, 1971 and the mortgage has not been redeemed before the commencement of this Act, the mortgagor shall, subject to the provisions of section 10, be deemed to have been personally cultivating such land in Kharif, 1971.(vii)Where possession of land has been obtained temporarily on bilateral or trilateral basis or in lieu of payment of rent for purpose of transplanting saffron bulbs, in accordance with the custom known locally as 'kara-korh' or 'kadawar' in saffron growing areas of Kashmir Valley, personal cultivation of such land shall be deemed to be of that person who would, but for such custom, have been cultivating it personally.(viii)Personal cultivation by a person shall not cease to be so merely because of engagement of hired labour:Provided that the labour so engaged is supplemental to, and not in substitution of, the labour of such person; and that such labour is paid wages in cash or kind but not in crop share.(ix)For determining the person personally cultivating land during Kharif, 1971, entries in Khasra Girdawari shall be presumed to be true unless the contrary is proved.(x)Where a person, after having been inducted as tenant by alienee of a limited owner, has been in continuous cultivating possession of such land for not less than twenty years prior to Kharif, 1971, such person shall be deemed to be in personal cultivation of such land, any judgment, decree or order of any court or authority notwithstanding.Note: For purposes of this clause, "limited owner" shall have the meaning as under the Mitakshara School of Hindu Law.
