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State of Jammu-Kashmir - Section
Section 3 in Jammu and Kashmir Agrarian Reforms Act, 1976
3. Exceptions
The provisions of this Act, except those specified in column 2 of the sub-joined table, shall not apply to the categories of land specified in column 1 thereof: | Column 1 | Column 2 |
| (a) Evacuees' land; | Clause (c) of sub-section (2) of section 4 andsections 5, 7, 13 and 14 and sub-section (3) of section 26: |
| Provided that nothing herein shall — | |
| (i) confer any ownership rights upon a Displacedor other person in any Evacuees' land; or | |
| (ii) affect or interfere with the rights ofpossession or legal obligation of a displaced or other personconferred or imposed by or under any law, rule or order, for thetime being in force, in respect of such land. | |
| (b) Land owned, held or acquired by theGovernment of Jammu and Kashmir of the Government of India otherthan — | Sections 26,[xxx] [Figure "31" omitted by Act XXXVIII of 1997, s. 2]38 and 39. |
| (i) land vested or deemed to have been vested inthe State by or under this Act; and | |
| (ii) land described in Schedule II. | |
| (c) Land owned by arty industrial or commercialundertaking or set apart or acquired by the Government for usefor industrial or commercial or residential purposes: | [x x x] [Words "section 31" omitted by Act XXXVIII of 1997], |
| Provided that exemption under this clause shallcease to apply, if after such enquiry as may be prescribed, theGovernment is of the opinion that such industrial or commercialundertaking has failed to"utilize the land for that purposewithin such tin* as may be prescribed. | |
| (d) Land awned, held or acquired by sucheducational and other public institutions as may be notified bythe Government. | Nil |
| (e) Land owned, held or acquired by theUniversities of the State established by law and Municipalities,Town Area Committees, Notified Area Committees, Cantonment Boardsand other local bodies and Panchayats of the State. | Nil |
| (f) Land outside the district of Ladakh, which isunculturable or in the form of arak, kap or kah-i-krisham orwhich grows fuel or fodder and belongs to such class as isnotified by the Government, not exceeding four standard acres perfamily. | Sections 13, 1 Figure "31" omitted byAct XXXVIII of 1997, s. 2[x x x] |
| Explanation. — For purposes of clause (f)the area should be culturable or used for growing fuel or fodderand also recorded as such in the revenue records. | |
| (g) such lands in the district of Ladakh as areused for raising fuel or fodder or timber e.g., olthang, bedzar,safedar. | Section 13.[***] [Omitted by Act XXXVIII of 1997] |
| (h) Land:- | |
| (i) requisitioned under any law for the timebeing in force; or | [***] [Omitted by Act XXXVIII of 1997] |
| (ii) situate in depopulated villages of Poonchand Rajouri Districts and Notified as such by the Government; or | [***] [Omitted by Act XXXVIII of 1997] |
| (iii) lying in such border areas as are declaredby the Government to be insecure for cultivation: | [***] [Omitted by Act XXXVIII of 1997] |
| Provided that such provisions of this Act, as arenotified by the Government, shall apply to such lands as and whensuch lands are derequisitioned or permitted to be re-occupied orbecome secure for cultivation, as the case may be. | |
| (i) Private springs, wells and village roads. | Nil |
| (j) Residential buildings or structures alongwith sites thereunder and appurtenant thereto: | [***] [Omitted by Act XXXVIII of 1997] |
| Provided that the area under and appurtenant tosuch residential building or structure does not along with landexempted by clause (1) and the area under and appurtenant to abuilding in municipal area, notified area, town area or villageabadi exceed four kanals per family: | |
| Provided further that such exemption may beutilized by a person for his personal use or for use by aco-operative society, of which such person is a member or forboth, subject to the condition that the aggregate area soutilized does not exceed the maximum of four kanals per family. | |
| (k) Such land as is reserved by the Governmentfor grazing ground or for any public purpose. | Section 38 |
| (1) Land reserved or acquired for residentialpurposes subject to the provisos to clause (j). | [***] [Omitted by Act XXXVIII of 1997] |
| (m) Cemeteries and burning or burial grounds andland under places of worship or appurtenant thereto according tothe revenue records of Kharif, 1971. | Section 15 and clause (b) of Section 16 |
| (n) Land vested in the State under the provisionsof the Jammu and Kashmir Big Landed Estates Abolition Act, Samvat2007 and retained under Sub-section (1) of section (2) of section6 of the said Act:- | Section 15 and clause (a) of section 16. |
| (i) | under personal cultivation. |
| (ii) through tiller. | Sub-section (1) of Section 4, 5 and 6 sub-section(2) of section 8, sub-section (1) and (8) of section 9, section15 and Clause (b) of section 16. |
| (o) Land held by a co-operative farming society: | Section 13[***] [Omitted by Act XXXVIII of 1997] |
| Provided that no share-holder of the societyshall, along with the other members of the family, if any, towhich he belongs, hold land, including his share of land in suchsociety, in excess of the ceiling area. |