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State of Jammu-Kashmir - Section

Section 5 in The Jammu and Kashmir Consolidation of Holdings Act, 1962

5. Effect of declaration.

- When the declaration under section 4 has been published in the Government Gazette, the consequences, as hereinafter set forth, shall, from the date specified thereunder till the publication of the notification in the Government Gazette under section 61 or sub-section (1) of section 6, as the case may be, ensure in the area to which the declaration relates, namely
(a)the district or part thereof, as the case may be, shall be deemed to be under consolidation operations and the duty of maintaining the records of rights and preparing the estate map, the Khasra Girdawari, the Jamabandi and other annual records of each estate shall be performed by the Settlement Officer (Consolidation) who shall maintain or prepare them, as the case may be, in the manner prescribed ;
(b)[ all proceedings for correction of records and all suits for declaration of rights and interest over land, both proprietary and tenancy, or for possession of land, or for partition, pending before any authority of Court, whether of first instance, appeal or reference or revision, shall stand transferred to the consolidation authorities for disposal under and in accordance with the provisions of this Act and the rules made thereunder ;] [Clauses (b) and (d) substituted by Act XXV of 1966.]
(c)[ Omitted] [Clause (c) omitted by Act XXV of 1966.]
(d)[ Except with the permission of the Settlement Officer (Consolidation) previously obtained, no tenure holder upon whom the Consolidation Scheme is binding shall- [Clauses (b) and (d) substituted by Act XXV of 1966.]
(i)use his holding or any part thereof in the consolidation area for purposes not connected with agriculture ; or
(ii)transfer by way of sale, gift, lease, mortgage with possession or exchange any part of his holding in the consolidation area :
Provided that, a tenure holder may continue to use his holding or any part thereof for any purpose for which it was in use prior to the date specified in the notification issued under section 4.]