Section 13 in Jammu and Kashmir Agrarian Reforms Rules, 1977
13. Mutations under section 5
(1) In each village and in respect of each statement in Form 4 mutation shall be written up and attested for giving effect to the extinguishment of all rights, title and interest in land of the person to whom the statement relates, where such person held such land in excess of the area selected by him under section 5 on first September, 1971.(2)While identifying land mentioned in sub-rule (1) regard shall be had to the provisions of the Act relating to the exemption of various categories of land from the operation of any or all the provisions thereof and, in case of transfer of land made after first September, 1971 but prior to first May, 1973, effect shall be given in the mutation order to the consequences provided for in sub-section (17) of section 2 and section 35, as may be applicable:Provided that whether or not a transfer of land mentioned in sub-section (17) of section 2 is bonafide shall be decided by the Revenue Officer attesting mutations under this rule.(3)The Revenue Officer attesting mutations under this rule shall give a finding as to the amount payable to the person whose rights in land have extinguished under section 5, where such amount is less than the market value of such land.(4)The mutation order shall direct-(i)that the rights in land thus extinguished have vested in the State from 1st May, 1973; and further(ii)that the person who was holding such land as owner or as tenant or allottee under the State shall pay to the State rent at the rate of forty times the sum of the land revenue assessed on, and cases and other charges and dues payable for, such land; and(iii)that the person who was holding such land as tiller under a person other than the State shall pay to the State rent at such rate at which he was paying it to the ex-landlord, in such form and manner and subject to such conditions as are provided by or under Chapter VI:from the date of the commencement of the Act until the date such land is allotted and the allottee is given possession thereof.Illustrations(i)A, held ten standard acres of land as owner and ten standard acres of land as tenant-at-will, under the owner B, in Village X on first September, 1971. No other member of his family held any land on this date. A, sold five standard acres out of the land held as owner and jointly with 13, three standard acres out of the land held by him as tiller to C on 10th October, 1972. The aggregate area of 8 standard acres thus sold by him shall be deducted from the ceiling area of 12-1/2 standard acres which he could have retained, but for the aforementioned sales. As it is, A can be recorded as owner/prospective owner of only 4-1/2 standard acres (12-1/2 minus 8) selected for the purpose by him.(ii)In the aforementioned illustration, the land held by C along with other members of his family, on first September, 1971 does not, along with the eight standard acres so purchased by him exceed 12-1/2 standard acres. The sales we found valid and bonafide by the Tehsildar attesting mutations under this ruler. C shall be recorded as owner of such land measuring eight standard acres.(iii)In illustration (i), A select 4-1/2 standard acres out of land held earlier by him as owner. Half a standard acre of land, held earlier by land as owner, shall vest in the State and shall be available as surplus land for allotment under section 15. Similarly seven standard acres remaining out of land held earlier by him as tenant-at-will, shall also vest in the State and shall be available for allotment under section 15, subject to resumption if B be eligible to resume.(iv)In illustration (iii), the half standard acre of surplus land can continue in A's possession on payment of rent at the rate of 40 times the land revenue and cases etc. payable for such land until it is allotted and possession thereof given to the allottee.
