Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 2] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 2(1) in The Jammu and Kashmir Consolidation of Holdings Act, 1962

(1)In this Act unless the context otherwise requires,-
(a)[Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] means a person, appointed as such by the Government to exercise the powers and perform the duties of a [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] under this Act or the rules made thereunder ;
(b)'Chak' means parcel of land allotted to a tenure-holder on consolidation ;
(c)'Consolidation' means re-arrangement of holdings in a unit amongst several tenure-holders in such a way as to make their respective holdings more compact ;
Explanation. - For the purpose of this clause, holding shall not include the following :-
(i)land which was orchard in the agricultural year immediately preceding the year in which the notification under section 4 was issued,
(ii)land subject to fluvial action and intensive soil erosion,
(iii)such compact areas as are normally subject to prolonged water logging,
(iv)such other areas as the Director of Consolidation may declare to be unsuitable for the purpose of consolidation.
(d)'consolidation area' means the area in respect of which a notification under section 4 has been issued ;
(e)'Consolidation Committee' means Committee constituted under section 49 ;
(f)[Consolidation Tehsildar] [Substituted by Act XXVI of 1969.] means a person appointed as such by the Government to exercise the powers to perform the duties of a [Consolidation Tehsildar] [Substituted by Act XXVI of 1969.] under this' Act or the rules made thereunder ;
(g)'Consolidation Patwari' means a person appointed as such by the Government to perform the duties of a Consolidation Patwari under this Act or the rules made thereunder and shall, in areas under consolidation operations, include a Patwari appointed under the Jammu and Kashmir Land Revenue Act, Svt. 1996 ;
(h)[Consolidation Girdawar] [Substituted by Act XXVI of 1969.] means a person appointed as such by the Government, to exercise the powers and perform the duties of a [Consolidation Girdawar] [Substituted by Act XXVI of 1969.] under this Act or the rules made thereunder and shall, in areas under consolidation operations, include the Girdawar appointed under the Jammu and Kashmir Land Revenue Act, Svt. 1996 ;
(i)'Consolidation Scheme' means the scheme for consolidation in a unit ;
(j)'Deputy Director of Consolidation' means a person appointed as such by the Government to exercise, such powers and perform such duties of the Director of Consolidation as may be delegated to him by the Government and shall include a District Deputy Director of Consolidation ;
(k)'Director of Consolidation' means the person appointed as such by the Government to exercise the powers and perform the duties of the Director of Consolidation under this Act or the rules made thereunder ;
(kk)[ 'Financial Commissioner' means the person appointed as such under the Jammu and Kashmir Land Revenue Act, 1996.] [Inserted by Act VI of 1973, Section 2.]
(l)'District Deputy Director of Consolidation' means a person who is for the time being the Collector of the District ;
(m)'holding' means a parcel or parcels of land held under one tenure by a tenure-holder singly or jointly with other tenure-holders ;
(n)'land' means land which is not occupied as the site of any building in a town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture, or for pasture, and includes the site, being a part of the holding, of a house or other similar structure, belonging to the tenure-holder thereof, and trees, wells and other improvements existing on the plots forming the holding ;
(o)'legal representative' has the meaning as assigned to it in the Code of Civil Procedure, Svt. 1977 ;
(p)'plot' means the surveyor Khasra number ;
(q)'prescribed' means prescribed by rules made under this Act ;
(r)'publication in the unit' or 'publish in the unit', with reference to any document means reading, out of the document in the unit,on a date of which prior notice shall be given by beat of drum and proclamation by beat of drum, or in any other customary mode in the unit of the feet that the document is open to public inspection at an appointed place and time ;
Provided that where a Consolidation Committee has been constituted for the unit each member of the Committee shall also be informed in advance of the date of publication ;
(s)'section' means a section of this Act ;
(t)'Settlement Officer (Consolidation)' means a person appointed as such by the Government to exercise the powers and perform the duties of a Settlement Officer (Consolidation) under this Act or the rules made thereunder and shall include an Additional Settlement Officer (Consolidation) and an Assistant Settlement Officer (Consolidation) ;
(u)'tenure-holder' means a land-owner and includes an occupancy tenant, a protected tenant, a tenant under the State, [an allottee of land held by an evacuee as defined in the Jammu and Kashmir Evacuees (Administration of Property) Act, Svt. 2006] [Substituted by Act XXVI of 1969 for 'a non-occupancy tenant'.] and an allottee of land under the State ;
(v)'Unit' means an estate or part thereof and, where the Director of Consolidation so notifies by publication in the Government Gazette, two or more estates or parts thereof, for which a single scheme of consolidation is to be framed.