Srinagar, Dec 1: In a significant move, the Jammu &
Kashmir Government has ordered that the legal heirs of
an agriculturist shall fall in the category of agriculturist
under the Land Revenue Act.
In an order, a copy of which is in our possession, the
Revenue department has said that the legal heirs of an
agriculturist- mother, father, wife and children- of an
agriculturist shall also fall in the agriculturist category for
the purpose of section 133-H of the said Act.
The order has been issued by the department in exercise
of the powers conferred by the section 141 of Jammu &
Kashmir Land Revenue Act, Svt, 1996.
The Jammu & Kashmir Land Revenue Act bars transfer of
land in favour of a person who is not an agriculturist.
It defines agriculturist as a person who cultivates land
personally in the Union Territory of Jammu and Kashmir or
such category of persons as maybe notified by the
Government from time to time.
The Government's move came after the Revenue
Department's field formations received applications
wherein legal heirs of agriculturists were also claiming to
be agriculturists.
The matter was referred to the Department of Law, Justice
and Parliamentary Affairs for an advice after its
examination in the department.
In its advice, the Law Department drew the Revenue
Department's attention towards section 141 of the Land
Revenue, which empowers the Government to remove
difficulty in implementation of the said Act, and suggested
them to pass appropriate orders by taking recourse to this
provision.
“If any difficulty arises in giving the effect to the provisions
of this Act, the Government may by order, published in the
official gazette, make such provisions, not inconsistent
with the provisions of this Act, as it appears to be
necessary or expedient for the purpose of removing the
difficulty,” reads section 141 of the Act.
