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[Cites 0, Cited by 0] [Section 17] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 17(3) in Jammu and Kashmir Agrarian Reforms Act, 1976

(3)The provisions of sections 7, 9 and 11 shall apply to such tiller as is mentioned in sub-section (2) and the ex-owner/ex-intermediary under whom he was holding this land prior to the first day of May, 1973, mutatis mutandis, subject to the following modifications, namely: —
(a)the instalments of rent paid to an ex-landlord shall be deemed to be instalments of amount payable to him in lieu of extinguishment of his rights, title and interest in such land effected by section 4;
(b)where such an ex-owner had an ex-intermediary under him prior to the first day of May, 1973, the rent recovered from the tenant shall be payable to the ex-intermediary, after deducting therefrom: —
(i)the rent payable by such ex-intermediary to the ex-owner; and
(ii)the share of collection charges on pro-rata basis.
The balance rent, remaining after payment to ex-intermediary, shall be payable to ex-owner after deducting therefrom the balance of the collection charges. The payments to both shall he treated as instalments of amount payable to them in lieu of the extinguishment of their rights, title and interest, in such land under section 4;
(c)the amount payable in lieu of extinguishment of rights, interest and title of such ex-owners/ex-intermediary shall be the amount payable in accordance with the provisions of Part A of Schedule III; and
(d)ownership rights shall not vest in the tiller and he shall, until the Government directs otherwise, continue to hold the land as a tiller under the State, subject to such conditions as may be prescribed.