jammu & kashmir common lands (regulation - jammu (2)

JAMMU &KASHMIR COMMON

LANDS(REGULATION)

RULES, 1969Contents1. Short title and commencement2. Definitions3. Assignment and apportionment

of land for Village Abadi4. Application for payment of

compensation and enquiry into itsdetermination

5. Apportionment of land undersection 10

6. Manner of payment of

compensation7. Compensation in case of rights

other than proprietary8. Grant of vacant land in Abadi

Deh9. 10. Executive Instructions

FORM1 :APPLICATION FORDETERMINATION OF COMPENSATION

FORM 2: Register of vacant land inAbadi-Dch as it existed on 8th Novembner,1956

JAMMU &

KASHMIR

COMMON LANDS(REGULATION)RULES, 1969

Revenue DepartmentNotification SRO-16 dt. 14th

January, 1970In exercise of the powers

conferred by section 18 of the Jammuand Kashmir Common Land(Regulation) Act, 1956 theGovernment hereby makes thefollowing rules, namely: -

1. Short title andcommencement

(1) These rulesmay be called the Jammu andKashmir Common Lands(Regulation) Rules, 1969.

(2) These shallcome into force from the datethese are published in theGovernment Gazette.

2. DefinitionsIn these rules, unless there

is anything repugnant to thesubject or context,-

(a) "Act" means theJammu and KashmirCommon Lands(Regulation) Act, 1956;

(b) "Section" means asection of the Act; and

(c) "Form" means aform appended to theserules.

3. Assignment andapportionment of land forVillage Abadi

(1) In every orderassigning any land for villageAbadi or its extension undersection 6, the Collector, shall-

(a) record thetenure and class of soil ofsuch land and, where suchland is owned by the State,specify that it is notrequired for any Statepurpose; and

(b) where hedeviates from the order ofprecedence laid down insub-section (1) thereof,state reason for suchdeviation.

(2) (a) Theapportionment of land assignedshall be made on the basis ofindividual families and not ofpersons, each family beingallotted a uniform area of 4marlas and a family beingtaken to consist of such

members as are related toeach other and living jointlyand are catered to by acommon kitchen.

(b) In apportioningthe land the Collector mayallocate land for providingnecessary gaps or lanes,wherever necessary,between the individualsites for buildings. Suchland shall form a part ofthose sites.

(3) The landapportioned by the Collector

under section 6 or 10 may beheld severally but shall beentered in the joint ownershipo f the inhabitants as "Abadi-Deh" in the village recordsunder Chapter IV of the Jammuand Kashmir Land Revenue Act,1996.

(4) Notwithstandinganything contained elsewherein this rule, the Collector shallassign and/or apportion anyland in accordance with anydirective or order in writing

made by the Government inthis behalf.

4. Application forpayment of compensationand enquiry into itsdetermination

(1) Every applicationmade under section 7 shall bemade in Form I and beaccompanied by—

(a) a copy of anorder made under section 6extinguishing theapplicant's rights in theland for whichcompensation may bepayable to him;

(b) an extract fromthe latest annual record(Jamabandi) describing theright in which such landwas held and the names ofthose who shared suchright with the applicant orheld any interest in suchland;

(c) copy of anydecree or order of the CivilCourt determining suchright or interest; and

(d) a statement

showing the amountclaimed as compensationand how it had beenarrived at.

(2) On receipt of theapplication made under sub-rule (1), the Collector shall, forpurposes of his award, make anenquiry into and determine-

(i) the amount ofland revenue to which theland is assessed;

(ii) where the land isnot assessed to anyrevenue or, where it is

assessed but is not wasteland, the rent and otherdue s which the applicantas landlord had received orshould have received, hadthe land been let out, fromhis tenant during the last12 years-

(a)

in cash and/or(b)

in kind with cropwisequantity of producereceived for each

harvest;(iii) any other right or

interest other thanproprietary held in the landwhich needed to becompensated;

(iv) any encumbranceon the land assigned;

(v) the period of 12years between 1-4-1943and the date of the award,

and the farm prices whichprevailed during such period.

(2) In determiningthe period of 12 years under

sub-rule (2) (v), the Collectorshall select the normal yearsand to the produce thereof,apply the harvest prices asmaintained in the Tehsil recordand/or the prices which thefarmers had received from thelocal grain dealers for anyproduce sold by them within 2months of the harvesting of thecrops:

Provided always that for anykind of produce sold to theGovernment including the

Jammu and Kashmir Co-operative Department, theprice received by the farmersshall be applied.

(3) The average ofthe price of any kind of produceascertained under sub-rule (3)shall be determined by thesimple process of dividing theirsum total for all the years bytwelve.

Explanation.—The "word"normal used in sub-rule (3) ofthe rule 4 means free fromseasonal calamities like

draught, hailstorm, locusts,floods, untimely snow etc. oflarge-scale and wide effect.

5. Apportionment of landunder section 10

The apportionment of landunder section 10 shall bemade, firstly, in accordancewith the wishes, expressed inwriting by the inhabitants, whohave agreed to assign the land;

secondly, in accordancewith any directive or orderissued by the Government:

Provided that inapportionment nodiscrimination on the basis of

any community, class or creedshall be made, and

thirdly, in accordance withthe method of apportionmentprovided in sub-rule (2) and (3)of rule 3.

6. Manner of payment ofcompensation

(1) Everypayment of the amount ofcompensation deposited withthe Collector under section 9shall be made individually tothe persons and to theCustodian as defined in theJammu and Kashmir Evacuees'(Administration of Property)Act, Svt. 2006 in case of theland belonging to theevacuees, whose land have

been assigned, by means ofcheque or hundi on the nearestBank including a Co-operativeBank or Treasury, as the casemay be.

(2) No directpayment in cash by aninhabitant to the party entitledto it shall be made except inthe presence of the Collectorhimself or a Gazetted Officernominated by him and againsta receipt, duly stamped underthe Jammu and Kashmir StampAct, 1977 and attested by the

Officer, in whose presence suchpayment is made.

7. Compensation in caseof rights other thanproprietary

Notwithstanding anythinghereinbefore contained, wherecompensation is claimed fortenancy or any other right orinterest in the land, of whichthe right of ownership isextinguished, the Collectorshall, in the award or paymentof compensation, be guidedgenerally by the Jammu andKashmir Land Acquisition Rules,

1936.

8. Grant of vacant land inAbadi Deh

(i) The Tehsildarsshall in their Tehsilsmaintain a register Village-wise in Form 2 for all suchland as was vacant on 8thNovember, 1956 as definedin clause (b) of section 11and submit a copy of theTehsil abstract thereof tothe Collector for forwardingt h e consolidated districtabstract to the Divisional

Commissioner. TheDivisional Commissionershall, in his turn, forward aconsolidated abstract fromhis division to the FinancialCommissioner, who shallforward a copy thereof tothe Government in theDepartment of Revenuewithin six months of thepublication of these rules int h e Government Gazette.The Collector, theDivisional Commissionerand the Financial

Commissioner shall eachappend a note to theirconsolidated abstractsoffering their commentsand suggestions on thedata so collected.

(ii) In respect ofpossession orencroachment made onvacant land incontravention of clause (b)of section 11, action shallin each individual case betaken in accordance with

the provisions of section13. Lands thus releasedshall be added to thevacant land.

(iii) An area notexceeding 30 per cent ofthe vacant land includingthat released under clause(ii) shall be reserved forany general scheme ofrural housing anddevelopment sanctioned bythe Government; and in itsabsence reserved forcommon and public

purposes of theinhabitants.

(iv) The remainingarea of the vacant landshall be earmarked forbeing granted for buildingpurposes and apportionedin the manner provided insub-rule (2) of rule 3 :

Provided that-(a)

that land so grantedshall not betransferred as long as

it remains vacant andits grant shall becancelled if it is notbuilt upon within oneyear of the date of itsgrant; and

(b)

no land shall begranted to a family oran inhabitant alreadyowning a house orpossessing noresources to build ahouse.

(v) Any objection

with regard to the grantand/or apportionment ofland by any person may befiled in writing before theCollector who shall decideit after giving anopportunity to the objectorof being heard.

(vi) The provisions ofsub-rule (3) of rule 3 shallapply to the land grantedunder this rule.

9. The provisionscontained in the Jammu and

Kashmir Revenue Rules, 1969with regarding the making ofinquiries and filing of appealsshall apply under the Act.

10. Executive InstructionsThe Financial Commissioner

may, with the approval of theGovernment, issue executiveinstructions, not inconsistentwith the Act and these rules.

FORM1 :APPLICATIONFOR DETERMINATION OF

COMPENSATION(See Rule 4)

ToThe

Collector...............................................Sir,My right of ownership/(state any other right or Interest)

in landmeasuring..............................

kanals and.................. marlas(state area) covered by Khasra number/ numbers (states fieldnumber) has been extin guishedunder your orders dated

(state date), for whichI……………………………………………………………………..

am, under section 6 of the Jammuand Kashmir Common Lands(Regulation) Act, 1956 entitled toreceive compensation.

To substantiate my claim I amappending to this application thefollowing documents, namely:-

1. a copy of order madeby Collector..............................(state

district)dated..........................................(state date) under section 6 of

the above mentioned Act;2. an extract from the

latest Jamabandi and/or a copy of a

decree or oraer dated................................................(state date) of the

Civil Court; and3. a statement showing the

amount claimed as compensationand how it has been arrived at.I am due to receive a

compensation ofRs.................................... (state

amount) which, it is requestedmay be paid to me.

(Name, father's name, caste andresidence of

the applicant and his address, ifany),

(State full particulars)Dated.................

The...................... (state placeand date)

FORM 2: Register ofvacant land in Abadi-Dchas it existed on 8thNovembner, 1956

(See Rule 4)(Note.—Area in acres, kanals and

marlas)

Totalvacantland inAbadiDeh on08-11-1956

S. Name Built

No. of thevillage

Numberplots

Area upon

1 2 3 4 5