Section 7 in The Jammu and Kashmir Big Landed Estates Abolition Act, 2007 (1950 A. D.)
7. Description of lands owned by a proprietor.
- For purposes of sub-section (1) of section 4, the land owned by a proprietor shall include-(i)lands of any class held or acquired in ownership by the proprietor ;(ii)[partible Shamilat lands held by the proprietor] [Substituted by Act No. XXXV of 2011 for 'Shamilat land held by the proprietor'.] to the extent of his share, whether amalgamated with and entered in his ownership holding as a result of portion or entered in his name under an undivided Shamilat holding ;[Explanation. - "partible Shamilat land" means such land as is capable of being partitioned and excludes such Shamilat as is used for common purposes of the villagers, such as grazing ground, graveyard, cremation ground, kuhls, thoroughfares and land under mosques and temples ;] [Explanation added by Act No. XXXV of 2011.](iii)lands mortgaged with or without possession or leased out by the proprietor ;(iv)lands owned by the proprietor which have been transferred or let in farm under the provisions of the Jammu and Kashmir Land Revenue Act, 1996, for the recovery of an arrear of land revenue or of a sum recoverable as such an arrear which had accrued in respect of such lands ; and(v)lands which after the date of the commencement of the Land Alienation (Temporary Powers) Restriction Ordinance, 2005, in the Kashmir Province and after the date of the commencement of the Jammu Province Land Alienation (Temporary Powers) Restriction Ordinance, 2006, in the Province of Jammu, have without any valid authority, been transferred by the proprietor by sale, gift, bequest, [x x x] [Words 'partition will' deleted by Act No. XV of 2008.] family settlement or exchange made for the purpose of consolidation of holdings :[Provided that such exchanges as have been acted upon and are agreed to by the parties, shall notwithstanding anything contained in the Ordinances aforementioned and in section 138 of the Transfer of Property Act, 1977, be deemed to be valid transfers :] [Proviso added deleted by Act No. XV of 2008.][Provided further that every transfer or other disposition of land, whether by act of parties or otherwise [made before 1st Kartik, 2007] [Substituted by Act No. XXI of 2009 (second proviso was added by Act No. XV of 2008).], but not earlier that 1st Baisakh, 2005, shall be deemed to be void and shall be deemed to be void and shall not be given effect to, if, for reasons to be recorded in writing, an Assistant Collector of the 1st class, acting under the provisions of this Act, considers such transfer or disposition not to have been made bona fide or to have been made with a view to defeat the provisions of this Act.]
