Section 17 in Jammu and Kashmir Agrarian Reforms Act, 1976
17. Prohibition on transfer of land
(1) Notwithstanding anything contained in this Act or the rules made thereunder or any other law for the time being in force, but subject to the provisions of sub-sections (2) and (3), no land or dwelling house or structure shall, except as provided tinder section 140 of the Jammu and Kashmir Transfer of Property Act, Samvat 1977, section 4-A of the Jammu and Kashmir Alienation of Land Act, Samvat 1995 and section 69-B of the Jammu and Kashmir Co-operative Societies Act, 1960, be transferred, disposed of or vested under this Act or in execution of any decree or order of Civil Court or Revenue Authority or under any other law in favour of any person, who is not a permanent resident of the State.(2)Until the Government directs otherwise, nothing in sub-section (1) shall be deemed to interfere with the possession of land of a tiller, who is not a permanent resident of the State, where such tiller, as had come from Pakistan in 1947-48, has been in possession of such land since any date before the first day of September, 1950.(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.
