With recent amendments paving the way for transferable land rights, the evolution of the Agrarian Reforms Act signifies a vital shift towards empowering tillers and enhancing agricultural productivity
The Agrarian Reforms Act came into existence in 1976 and consists of many sections and subsections. This Act was enacted to improve land use in the state and transfer land ownership to tillers. Its main objectives were to set a ceiling on landholdings, make tillers the owners of the land, ensure that ownership is linked to personal cultivation, and provide surplus land to the poor and landless.
Section 12 of the Jammu and Kashmir Agrarian Reforms Act of 1976 deals with private agreements between the ex-landowner and the prospective owner. By virtue of this section, both parties can enter into a written agreement, which must be registered under the Jammu and Kashmir Registration Act of 1977. This agreement is required to be authenticated by a revenue officer, specifically a Tehsildar. Through this agreement, the prospective owner was relieved of the liability to pay levies to the state.
Before the commencement of the Agrarian Reforms Act in 1976, Jamabandies had been prepared for each revenue estate in 1967–1968. The tenants recorded in the tenancy column of these Jamabandies were designated as protected tenants. Later, in 1970–71, when Jamabandies were updated and the Agrarian Reforms Act was enforced, these protected tenants became prospective owners starting from Kharief 1971. It is pertinent to note that the Kharief 1971 entry in the tenancy column of Girdawaris served as the foundation stone of the Agrarian Reforms Act. This meant that 70% of the protected tenants became prospective owners in Kharief 1971. This was a significant step toward granting land rights to tillers.
These protected tenants, along with other on-spot tenants recorded during Kharief 1971, were entitled to ownership under Section 4 of the Agrarian Reforms Act. After the mutation under Section 4 was affected, the ownership rights of the land were vested with the state, and the tenants were treated as caretakers. After the completion of Section 4, the prospective owners were obligated to pay lagan (rent) to the ex-landowner under various sections such as Sections 6, 8, or 12 of the Act.
Section 6 pertains to constructions such as houses or shops. Under Section 8, the prospective owner had to pay a levy to the government and lagan to the ex-landowner, after which mutation under Section 8 was completed in their favour. For instance, for a patch of land measuring four kanals, if the lagan was “lagan bataye behisai nesfi” (50% of the land), two kanals were resumed by the ex-landowner, and the remaining two kanals were mutated in favour of the prospective owner under Section 8. It is important to note that the ex-landowner was entitled to resume ownership of their portion through Section 7 of the Agrarian Reforms Act.
While the Act initially imposed a ban on the sale or mortgage of land acquired under its provisions, significant amendments were made two years ago. The government amended many revenue laws, and land under Section 8 is now transferable via sale deeds as of October 26, 2020. The amendments to Sections 21 and 28-A of the Agrarian Reforms Act lifted the prohibition on transferring land vested under Section 8. As a result, for the past two years, sale deeds for land under Section 8 have been duly registered.
However, the prohibition on the transfer of land vested under Sections 6, 7, and 12 of the Act remains. To bring these lands at par with those under Section 8, the Administrative Council, under the chairmanship of the Lieutenant Governor, gave its assent on January 22 last year to authorize the Revenue Department to propose amendments to Sections 21 and 28-A. If this amendment is enacted, it will provide significant relief to landholders vested with land under Sections 6, 7, and 12 of the Agrarian Reforms Act. This would allow them to sell their land parcels, a right that was previously prohibited under the Act.
The writer is an Office Patwari at Tehsil Office Qazigund
By S. Amin Mir
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