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So 373

The Government of Jammu and Kashmir has issued SO 373, which prescribes Forms 'A' and 'B' for granting permission to agriculturists to alienate land to non-agriculturists under the J&K Land Revenue Act. The District Collector is authorized to grant such permissions, subject to specific conditions and a defined process, including the requirement for applications to be processed within 30 days. The notification outlines the enforcement of these provisions and the conditions under which land can be transferred.

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0% found this document useful (0 votes)
167 views8 pages

So 373

The Government of Jammu and Kashmir has issued SO 373, which prescribes Forms 'A' and 'B' for granting permission to agriculturists to alienate land to non-agriculturists under the J&K Land Revenue Act. The District Collector is authorized to grant such permissions, subject to specific conditions and a defined process, including the requirement for applications to be processed within 30 days. The notification outlines the enforcement of these provisions and the conditions under which land can be transferred.

Uploaded by

Saqib Rashid
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Government of Jammu and Kashmir

Revenue Department,
Civil Secretariat, Jammu/Srinagar

Subject: SO 373 dated 01.11.2021, Forms -reg.

Forms 'A' & 'B' annexed are hereby prescribed for the purpose of grant
of permission by District Collector to an agriculturist to alienate the land to a non-
agriculturist in accordance with the procedure notified vide SO 373 dated 01.11.2021
issued under endorsement No. Rev-S/03/2021 (21030) dated 01.11.2021.
By order of the Government of Jammu & Kashmir.
Sd/-
(Vijay Kumar Bldhuri) IAS
Commissioner/Secretary to the Government
No. Rev-Sett/3/2021 (21030) Dated: 06.01.2022
Copy to the:
1. Financial Commissioner (Revenue), J&K.
2. Additional Secretary (JKL), MHA, New Delhi.
3. Principal Secretary to Hon'ble Lieutenant Governor, J&K.
4. Principal Secretary to the Government, General Administration Department.
5. Divisional Commissioner, Kashmir/Jammu.
6. Secretary to the Government, Department of Law, Justice & Parliamentary
Affairs.
7. Commissioner, Survey & Land Records, J&K.
8. Custodian General, J&K.
9. Inspector General of Registration, J&K.
10. All Deputy Commissioners of UT of J&K.
11. Director, Information, J&K.
12. Director Archives, Archaeology and Museum, J&K.
13. All Regional Directors, Survey & Land Records, J&K.
14. Principal, Revenue Training Institute, Jammu/Srinagar.
15. General Manager, Government Press, Jammu/Srinagar.
16. Pvt. Secretary to Chief Secretary for kind information of the Chief Secretary.
17. Pvt. Secretary to Hon'ble Advisor (B) for kind information of the Hon'ble
Advisor.
18. Pvt. Secretary to Commissioner/Secretary to the Government, Revenue
Department.
19. Government Order file.
20. I/C Website.
1,,-Z...---
,-, o\.\~\\
(M assan Choudhah,)
Under Secretary t e Government
"FORM A"
APPLICATION FOR PERMISSION REQUIRED UNDER Sec 133 H of J&K Land
Revenue Act, (Samvat) 1996.
PART-I
To
The District Collector _ _ _ __
District _ _ __

Sir,

1. I/We intend to alienate agricultural land In terms of Sec 133 H:


Name of the applicant Son/Daughter/Wife/ of resident of
village_ _Tehsil District
2. Permanent address Village/Town Tehsll District
3. Present occupation and address
4. Land use
5. Particulars of the land applied for:
i) District. Ii) Tehsll. iii) village
S.No Khata No Khewat No Khasra No(s) Quantum o Classification o
land land

6. Particulars of the person(s) to whom land is intended to be transferred


Name._ _ _ _son/daughter/wife of___resident of village._ _
Tehsil,____ District.---'---
7. Whether the applicant applied previously for such permission if so, give the following
particulars:-
(a) Date of application, if known.
(b)Whether permission granted or refused (order No. Date and authority)
(c) Particulars of land permitted transferred previously:-
i) District. ____ii) Tehsil. _ _iii) Name of village.
iv) Khata No., khewat No. and Khasra No(s) with area an d classification.
8. Any other information which the applicant considers to be relevant.
9. Affidavits of the parties are attached declaring that the transaction is not in violation of
statutory provision and conditions for transaction and the person is qualified to take up
such activity and transaction should not make transferor landless.

I/We solemnly affirm and declare:-

That whatever has been stated above is true to the best of my/our knowledge and
belief and that nothing has been concealed or suppressed.

Signature of the Applicant(s)

Transferor Transferee

Address
Dated:

w
Receipt

Receipt No. _ _ __
Dated _ _ _ __
_ _ _ _ _ _S/o
Received the application form from Sh.
_ _ _ _ _R/o._ _ _ _ _ _ _ _ for grant of permission to alienate agricultural

land under Khasra No.(s) _____ in village


_ _ _ _ _ _ _Tehsil, _ _ _ __

Signature of the Receipt Clerk


of District Collector_ __
• "FORM-B"
Office of the District Collector _ _ _ _ _ _ _ _ _ _ _ _ __

Subject: Grant of permission to an agriculturist to alienate the land to non


agriculturist:
Order No. _ _ _ __
Dated ______

Whereas, an application has been filed under Section 133 H of J&K Land
Revenue Act Samvat 1996 by Sh. _ _ _ _ _ _ _ _ _ _ _ for permission to
alienate land measuring _ _ _k,anal situated at village
___________Tehsil _____ District
_ _ _ _ _ _ __,· and
Whereas, the necessary reports alongwith the revenue papers have been
obtained from revenue field formation and after its examination the case has been
considered; and
Now therefore, permission is hereby granted in favour of the applicant(s) to
alienate agriculture land to non-agriculturist as per the particulars given below:-

Purpose Remarks
S,No District ITehsll !VIiiage Khasra Quantum o1 Classification Name and Name and
No.(s) Land of land particulars particulars of
of ~f transfer
Kanai TMarla transferor ~ansferee

1 T
The permission for alienation of above land shall be subject to the following
conditions:-
!. The land shall be used only for the purpose for which the permission has been
granted.
II. The land shall be put to use for the purpose within a period of two year from
the date of issuance of the permission order.
III. The applicant shall abide by all the Act/Rules and Regulations applicable on
such lands.
IV. The transaction should not make the transferor landless.
V. The land acquired by transferee cannot be transferred for any other purposes
except for the purpose for which permission is granted, su_bject to any further
authorization or permission granted by the competent authority.

Signature of the prescribed ·authority


District Collector_ _ _ _ __
Dated: _ _ __
File No. _ _ _ __

Copy to the:-
1. Financial Commissioner, Revenue/Ex-officio Chairman Board of Revenue.
2. Divisional Commissioner,_ _ _ _ _ _ _ __
3. Assistant Commissioner (Revenue)/Sub Divisional Magistrate-:-:---:-:------
Tehsildar _ _ _ _ _ _ for affecting necessary entry into the revenue records.
• Government of Jammu and Kashmir
Revenue Department
Civil Secretariat, Jammu.
******
Notification
Jammu, the 1st November, 2021

S.O. 373.-ln exercise of the powers conferred by sub-clause (i) of clause (a) of the
Explanation appended to clause (a) of sub-section (1) and sub-section (9) of
section 133-H of the Jammu and Kashmir Land Revenue Act, Samvat, 1996, the
Government hereby notifies the following dates mentioned in column (2) for coming
into force of the provisions mentioned in column (1) in table below as under:-

Provision Date of enforcement


Section 133-H From the date of issuance of this
notification.

Clause (a) (i) of the Explanation Any person who cultivates the land
appended to sub-section (1) (a) of personally on the date of issuance of
section 133-H this notification shall be an
'agriculturist' for the purposes of said
provision.

Further, in exercise of the powers conferred by Proviso First to sub-


section (1) of section 133-H of the Act, the Government hereby authorizes District
Collector concerned as an officer, who may grant permission in terms of said
proviso for the purposes and subject to quantum as provided hereinafter:-

Purpose Quantum
Agriculture and allied activities Uoto 20 kanal
Horticulture/Orchards Uoto 80 kanal

Further, the District Collector concerned shall grant such permIssIon


subject to the conditions as prescribed in Annexure appended to this notification.

This notification shall come into force with immediate effect.

By Order of the Lieutenant Governor.

Sd/-
(Shaleen Kabra)IAS
Principal Secretary to the Government

No. Rev-S/03/2021(21030) Dated:01.11.2021


Copy to the:
1. Financial Commissioner, Revenue, J&K.
\ ~- Additional Secretary (JKL), MHA, New Delhi.
v\; Page 1 of 4
3. Principal Secretary to Hon'ble Lieutenant Governor, J&K.
4. Commissioner/Secretary to the Government, General Administration Department.
5. Divisional Commissioner, Kashmir/Jammu.
6. Secretary to the Govt, Department of Law, Justice and Parliamentary Affairs.
7. Commissioner, Survey & Land Records, J&K.
8. Custodian General, J&K.
9. Inspector General of Registration, J&K.
10. All Deputy Commissioners of UT of J&K.
11. Director, Information, J&K.
12. Director Achieves Archaeology and Museum, J&K.
13. All Regional Directors, Survey & Land Records, J&K.
14. Principal, Revenue Training Institute, Jammu/Srinagar.
15. General Manager, Government Press, Jammu/Srinagar.
16. Pvt. Secretary to Chief Secretary for kind information of the Chief Secretary.
17. Pvt. Secretary to Hon'ble Advisor (B) for kind information of the Hon'ble Advisor.
18. Pvt. Secretary to Principal Secretary to the Government, Revenu epartment.
19. Government order file.
20. I/C Website.
Yf C,tt~
~p//J/;2,01--1
(Dharam Paul)
Under Secretary to the Government

Page 2 of 4
.

• Annexure to the S.O. 373 of 2021 dated: 01.11.2021.

(a) Conditions for grant of permission shall be:-

(i) The land shall be used only for the purpose for which the permission has
been granted.
(ii) The land shall be put to use for the purpose within a period of two years from
the date of issuance of this permission · order, provided that the District
Collector may, for reasons to be recorded in writing, extend the said period by
another year. Further extension of one year may be granted by the Divisional
Commissioner, for exceptional reasons, to be recorded in writing. The
government shall be kept informed of any extensions in currency in regular
monthly reports and all such extensions will be subject to further orders/
restrictions by the government.
(iii) The applicant shall abide by all the Acts/Rules and Regulations applicable on
such lands.
(iv) The transaction should not make the transferor landless.
(v) The land acquired by transferee cannot be put to use/transferred for any
other purposes except for the purpose for which permission is granted,
subject to any further authorization or permission granted by the competent
authority.
(b) The procedure shall be as under:
(i) The parties to the transaction, i.e. the agriculturist who intend to alienate land
and the non-agriculturist who intends to purchase the same, shall jointly apply
to the District Collector, on a prescribed proforma. This will include, among
other things, details of the land in question as per the agriculturist, details of
other land held by the agriculturist, separate affidavit by both the parties that
the transaction in not in violation of the statutory provisions and conditions for
transaction, affidavit by the non-agriculturist that the person is qualified to take
up such activity. The decision to forward the application or reject the same will
be taken within 7 days of filing of an application complete in all respects.

(ii) The District Collector shall forward the application to the Tehsildar concerned
who, shall submit report, after due diligence and verification, alongwith
relevant revenue papers (i.e jamabandi, Khasra Girdawari, Tatima) and his
recommendations to the District Collector. In case the Tehsildar finds that the
proposed transaction is in conformity with the law, he shall also issue a 'Fard'
for alienation of land and while recording other condition therein also indicate
'\\~hat the registration of the document shall be subject to the permission granted

9\J Page3of4
by the District Collector. The Sub-Divisional Magistrate (SDM)/Assistant
Commissioner, Revenue (ACR) shall record his observations while submitting to
the District Collector. The Tehsildar shall submit his report within 07 days and
the Sub-divisional level officer within 07 days thereafter.
(iii) The District Collector shall consider and decide the application after examining
the matter. The District Collector shall record reasons in writing for either
decision, i.e. the approval as well as the rejection, in the prescribed format,
within 07 days of receipt of recommendations of the subordinate Revenue
Officers.

!. ,Jir~J.I
(iv) The entire process shall be completed within a maximum perio of 30 days
from the date of filing of application.

~ -u
'
,:J:~ ;aul)
nder Secretary to the Government

Page 4 of 4

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