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State of Jammu-Kashmir - Section

Section 13 in Jammu and Kashmir Agrarian Reforms Act, 1976

13. Restriction on utilization of land

— (1) after the commencement of this Act no person shall hold land, otherwise than for personal cultivation (except where tenancy is permitted by this Act), or for residential purposes up to [two] [Substituted by Act No. IV of 1989, Section 3.] kanals per family, or, subject to the provisions of the Jammu and Kashmir Prohibition on Conversion of Land and Alienation of Orchards Act, 1975 for horticultural purposes or, with the previous permission of the Revenue Minister or an officer nominated by him in this behalf, for industrial or commercial purposes:Provided that land recorded as orchard, arak, kap, kah-i-krisham or of a class notified under clause (f) of section 3 shall not be put to any use other than such orchard or arak, Kap, kah-i-krisham or for growing fodder or fuel, as the case may be, subject to the second proviso to sub-section (1) of section 15 in the case of orchard:Provided further that where land, not exceeding half a kanal in area, is used as a gharat or a chakki or shop, or for such other purpose relating to rural economy, no permission shall be needed.
(2)Except as otherwise provided in this Act, no tenancy created or continued after the first day of May, 1973 in respect of any land shall be valid.
(3)Rights, title and interest in land of any person who, except for reasons beyond his control, fails to utilize the land in accordance with, or utilizes land in contravention of the provisions of sub-section (1) or lets land to a tenant in contravention of the provisions of sub-section (2) shall, after such enquiry, as may be prescribed, vest in the State.