Revoking ban on Section 12 of Agrarian Reforms Act, 1976 in J&K would bring greater prosperity

By
Ziraat Times Web Team
-

By S. Amin Mir

The Jammu and Kashmir Agrarian Reforms Act, 1976, was enacted to improve land use and transfer land ownership to tillers. The Act, with its various sections and sub-sections, aimed to set land ceilings, make tillers owners of the land they cultivated, ensure ownership through personal cultivation, and redistribute surplus land to the poor and landless.

Section 12: Key to Land Transactions

Section 12 of the Act permits private agreements between ex-landowners and prospective owners. These agreements, registered under the Jammu and Kashmir Registration Act, 1977, and authenticated by revenue officers like Tehsildars, enabled prospective owners to be relieved of their liability to pay levies to the state.

Before the Act’s commencement, revenue records called Jamabandies, written in 1967-68, recorded tenants in the tenancy column as “protected tenants.” In 1970-71, these protected tenants, along with other on-spot tenants, became “prospective owners” under Section 4 of the Act by Kharief 1971. This foundational step transferred ownership rights to the tillers, marking a pivotal moment in the region’s agrarian reforms.

Land ownership and restrictions

Under Section 4, tenants became owners after fulfilling certain obligations, including paying lagan (land revenue) to the ex-landowners. Sections 6, 8, and 12 governed the mechanisms of ownership transfer:

  • Section 6: Related to constructions like houses or shops.
  • Section 8: Required prospective owners to pay levies to the government and lagan to ex-landowners, after which ownership mutations were processed.
  • Section 12: Governed private agreements between ex-landowners and prospective owners.

Historically, land transferred under the Act could neither be sold nor mortgaged. However, two years ago, the government amended key revenue laws, allowing the transfer of ownership rights for land under Section 8 through sale deeds.

Recent Developments

On October 26, 2020, amendments to Sections 21 and 28-A of the Agrarian Reforms Act lifted the prohibition on land transfers under Section 8. This allowed sale deeds for such land to be attested and registered. However, restrictions on land under Sections 6, 7, and 12 remain in place.

In January 2023, the Administrative Council, chaired by the Lieutenant Governor, authorized the Revenue Department to propose amendments to Sections 21 and 28-A to lift these prohibitions. If enacted, these amendments would bring land under Sections 6, 7, and 12 on par with Section 8, allowing landholders to sell their parcels freely.

Impact of the proposed amendments

The proposed amendments would be a significant relief for landholders vested with ownership under Sections 6, 7, and 12. It would enable them to sell or mortgage their land, thus unlocking its economic potential, which has long been restricted.

The move aligns with the government’s efforts to modernize land laws and provide greater economic flexibility to landowners while respecting the spirit of the original Agrarian Reforms Act.

The author is an Office Patwari at the Tehsil Office, Qazigund.

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24 COMMENTS

  2. Subject: Response to the Post: “Revoking Ban on Section 12 of Agrarian Reforms Act, 1976 in J&K Would Bring Greater Prosperity” (Dated: December 21, 2024)

    Dear Editor,

    I am writing in response to your esteemed article, “Revoking Ban on Section 12 of Agrarian Reforms Act, 1976 in J&K Would Bring Greater Prosperity,” published on December 21, 2024.

    The Agrarian Reforms Act of 1976 was introduced with the primary aim of benefiting farmers who directly cultivated the land by enforcing strict prohibitions on transferring ownership to others. The Act sought to ensure that agricultural land remained in the hands of those who worked it, thus promoting food security and supporting the well-being of the farming community. Unfortunately, much of this land has been clandestinely sold, often through collusion with revenue officials, Patwaris, and other local authorities. These unlawful transfers have undermined the original intent of the Act, resulting in a significant portion of the originally allocated land no longer remaining under cultivation today, despite the prohibitions.

    The recent amendments to Sections 21 and 28-A of the Agrarian Reforms Act, which lifted the prohibition on land transfers under Section 8 and permitted the attestation and registration of sale deeds, represent a significant misstep and have benefited the land mafias the most. These amendments essentially dismantle the protections originally put in place by the Act. Furthermore, any proposed changes to Sections 6, 7, and 12 would further erode the core purpose of the Act—preserving agricultural land for those who directly cultivate it and ensuring the agrarian structure of the region remains intact.

    The advocacy for the legalization of land sales, particularly concerning prime agricultural land (Abi Awal), raises grave concerns. Kashmir is predominantly an agricultural region, with limited industrial development and few avenues for economic diversification. Consequently, the region relies heavily on agriculture to sustain its economy and the livelihoods of its people. Alarmingly, Jammu and Kashmir already imports a substantial portion of its food grains. Allowing the sale of agricultural lands, which are often converted for non-agricultural purposes such as real estate development or industrial use, could have disastrous long-term consequences. It would exacerbate the region’s reliance on external food sources, jeopardizing food security and eroding the region’s agrarian identity. Such a move could lead to the irreversible loss of arable land, further diminishing the region’s ability to feed its population.

    However, there may be room to reconsider the transfer of horticultural lands, such as Baghi Khushik (dry gardens), under specific conditions. Unlike prime agricultural land, these lands are often less suited for traditional farming. If transfers are considered, they should be accompanied by stringent safeguards to prevent misuse and ensure that the land’s use contributes to the sustainable development of the region. This approach would allow for some flexibility in land use, while still prioritizing the preservation of agricultural land and food security. By focusing on horticultural lands, the region could diversify its agricultural base without undermining its core food production capabilities.

    Ultimately, the focus must remain on protecting agricultural land, the foundation of Kashmir’s economy and way of life. Any changes to the Agrarian Reforms Act should be carefully evaluated, with a strong emphasis on long-term sustainability, food security, and the preservation of the region’s agrarian heritage.

    Thank you for considering this response for publication.

    Sincerely,
    Ahmad Ayaz
    Social Activist & National TV Debater

  3. Thank you Ayaz Sahib
    You given voice to the concern of thousands of peasants.
    I completely agree with your valuable views.
    Other social activist and civil society members are requested to highlight the issue positively with the newly formed government authorities, so that the remaining limited agricultural land is saved for our posterity.

  4. The ban on the alienation of the lands under section 28-A of the Act of 1976 is a statutory provision which still exist in the Act. There is no amendment made to Section 28-A till date either by the State legislature, State Administrative Counsel or by the centre except the Hon’ble High court of Jammu and Kashmir has interpreted in a judgement that the owners of Agrarian Reforms Act and those vested ownership under Government Order No. S-432 shall not be governed by the limitations of Section 28-A and the riders in s 432. Such a verdict which gives statutory interpretation is called judgement in rem. I myself in the 2016-17 as a Patwari issued Fard of both these lands and an enquiry was contemplated against me at that time. The Hon’ble High court soon after my enquiry was concluded announced this judgement and unambiguously passed directions that the State cannot use two yardsticks for the alienations. It was envisaged that the title of the occupancy tenants despite having 80 percent rights and twenty percent rest with ex landlords are being alienated/sold and the restrictions have been imposed u/s 8-A and Government Order No. S432 on those who are absolute owners. The Hon’ble High court recently revised its firm stand and passed a terse order against Tehsildar of Jammu division who had sought clarification before issuing a sale deed for the parcel of land of which title was vested to alienor under Government Order no. S432. So, it is inappropriate to quote that the alienation in respect of both these lands have started only after amendment in these statutes, is a wrong and misquoted version. We must have a complete knowledge before we go to publish any article for the general awareness.
    Regards.

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