Legal heirs of agriculturists can alienate transfer of land to other purposes: Government

SRINAGAR: To remove difficulties in the implementation of the provision of the Jammu and Kashmir Land Revenue Act, Samvat 1996, the government has ordered that legal heirs of an agriculturist can alienate as well as bar the transfer of land to other purposes.
The legal heirs of agriculturists have been identified as mother, father, wife, and children, who now also fall in the agriculturist category for the purpose of section 133-H of the said Act.
Ministry of Home Affairs, Government of India, vide adaptation Order, SO 3808 (E) dated 26.10.2020, section 133-H had inserted in Jammu and Kashmir Land Revenue Act, Samvat, 1996 which provides for bar on transfer of Land to non-agriculturist.
Section 133-H also meant that the land can be transferred for various purposes be it for public trust for charitable purposes, promotion of healthcare or education, d for industrial, commercial or housing agricultural purposes or any other public purpose.
An order in this regard has been issued by Vijay Kumar Bidhuri, Commissioner/ Secretary to the Government, Revenue Department.
For the purpose of enforcement of the section 133-H and clause (a) (i) of the Explanation appended to sub-section (1) (a) of section 133-H the date of issuance of notification vide S.O. 373 dated 01.11.2021 was notified as the date of enforcement of the said provisions, the order reads.
Whereas the revenue field formation is receiving applications wherein the wife, children and their children were also claiming to be an agriculturist for the purpose of the said Act and accordingly the matter was referred to this department for taking the decision, it reads.
The order further reads that the matter was examined in the department and referred to the Department of Law, Justice & Parliamentary Affairs for advice that the son, wife and children of an agriculturist can also be considered as an agriculturist, who vide U.O. No. Law-Opn2/129/2022-10 dated 18.08.2022 conveyed as under:
"The attention of the department is invited towards section 141 of Jammu and Kashmir Land Revenue Act 1996 inserted vide SO. 3808(E) dated 26.10.2020 (The union Territory of Jammu and Kashmir Reorganization, Adaptation of State Laws Third Order 2020), which is reproduced as.
Section 141 of the said Act removal of difficulties- 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, the order reads.
In view of the above, the department is advised to take recourse to the above-quoted Provision and pass appropriate orders as may be deemed appropriate in the facts and circumstances for the purpose of removing the difficulty, it reads.
Whereas, section 141 of the Jammu & Kashmir Land Revenue Act, Svt. 1996 enables the government to make such provision for the removal of difficulties and the difficulty faced by the revenue field formation is within the ambit of the Act and this difficulty is required to be removed for the purpose of implementation of the provisions of the 133-H of the Act, it reads.
Now, therefore in the exercise of the powers conferred by section 141 of the Jammu and Kashmir Land Revenue Act, Svt. 1996, the Government hereby directs that the legal heirs viz. 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 reads.

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