By: Nasir Azam
Srinagar, Dec 01: 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 possession of news agency—Kashmir News Observer (KNO), 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—(KNO)