Thinking of buying agricultural land in Jammu & Kashmir? 🤔 Hold on! Not everyone is legally eligible to own such land in J&K—and it all depends on whether you're recognized as an agriculturist.
Recent government orders and amendments to the Jammu & Kashmir Land Revenue Act, Samvat 1996 have defined this term more clearly than ever before.
👉 In this blog post, we’ll break down:
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Who qualifies as an agriculturist
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What it means to “cultivate personally”
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Whether wife, children, or parents of a farmer qualify
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What the Govt. Orders SO 373 (01.11.2021) and 22-JK (Rev) of 2022 (30.11.2022) really mean
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Practical takeaways for land buyers in J&K
Let’s get into the legal soil! 🧑🌾
🚜 What Triggered the Agriculturist Clause in J&K?
After the Reorganization of Jammu & Kashmir in 2019, land laws were restructured to align with Indian Union laws, but with local safeguards.
As per S.O. 373 dated 01.11.2021, the Government of J&K enforced Section 133-H of the Land Revenue Act, 1996. This section clearly barred transfer of agricultural land to non-agriculturists.
This led to confusion: Who is an agriculturist? 🤷♂️
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| Agriculturist in J&K |
📜 Official Definition as per Govt. Order No. 22-JK (Rev) of 2022
To remove ambiguities, the Government of J&K issued Order No. 22-JK (Rev) of 2022 on 30.11.2022, which officially defines "Agriculturist" as follows:
A person who:
(i) Cultivates land personally in the Union Territory of Jammu and Kashmir as on a date notified by the Government; OR
(ii) Belongs to a category of persons notified by the Government from time to time
This is explained under clause (a) of the Explanation to Section 133-H(1) of the Act.
🌱 What Does "Cultivate Personally" Mean?
The same order clarifies what counts as personal cultivation under clause (c):
✅ The cultivation shall be in the crop of kharief 2021 on agricultural land with any crop cultivated on the applied land and shall be recorded as same in Khasra Girdawari of kharief 2021
✅ Cultivating on one’s own account.
✅ Using one’s own labor or Using labor of family members
✅ Personally supervising hired labor (paid in cash or kind, but not in crop share)
So, even if you're supervising farming by laborers but you're actively involved—it counts! ✅
👨👩👧👦 Do Family Members Also Qualify?
YES—and this is a major relief for many families.
In another government communication issued under Section 141 of the Act (as seen in your uploaded document), the Govt. Order No. 222-JK (Rev) of 2022 dated 30.11.2022 clarified:
Legal heirs such as:
✅ Mother
✅ Father
✅ Wife
✅ Children
of an agriculturist shall also be deemed agriculturists for the purpose of land transfer and ownership under Section 133-H.
BUT TO FOCUS ON THE POINT THAT ONLY THESE LEGAL HEIRS ARE DEEMED TO BE AGRCULTURISTS, NOT ANY OTHERS LIKE DAUGHTER IN LAW, SON IN LAW, GRAND CHILDREN.
🧾 Snapshot of the Two Crucial Orders:
📌 1. S.O. 373 dated 01.11.2021 (Click to view)
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Notified the date of enforcement of Section 133-H
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Barred non-agriculturists from acquiring agricultural land in J&K
📌 2. Govt. Order No. 222-JK (Rev) of 2022 dated 30.11.2022 (Click to view)
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Defined "agriculturist" and “cultivation”
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Recognized family members (mother, father, wife, children) as agriculturists if the original person qualifies
⚠️ What This Means for You:
If you are:
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✅ A local farmer with land in your name
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✅ A child or spouse of a farmer
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✅ A person actively cultivating or supervising cultivation
👉 You are safe under the law and can legally own or transfer agricultural land in J&K.
But if you are:
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❌ Not involved in farming
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❌ A real estate investor with no agri-background
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❌ An outsider trying to acquire land for non-agricultural purposes
🚫 You are barred from such transactions under Section 133-H of the Act.
⚠️ What it means for You if you are not Agriculturist as per Law:
- ❌ You can not buy agricultural land on your name in J&K
💡 Pro Tip: Keep These Documents Ready
✔️ Khasra Girdawari of Kharif 2021 (November 2021) showing ownership and cultivation
✔️ Jamabandi and Mutation records
✔️ Family tree (Shajra Nasab)
✔️ Adhar
Having these handy will make your claim as an agriculturist stronger before the authorities.
✍️ Final Word: The Law Supports Real Farmers
The revised J&K land laws are designed to protect farmers and agricultural land from speculative buying. The government's clear definition of “agriculturist” ensures that:
🌾 Real cultivators are safeguarded
📜 Family rights are honored
🚫 Unauthorized land transfers are curbed
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📣 Final Word
Understanding who qualifies as an agriculturist in J&K isn’t just a technicality—it’s the gateway to legal land ownership in the Union Territory.
Don’t let confusion stop your dreams.
Let JKRevenueGyaan be your guide to navigating the maze of land laws in Jammu & Kashmir.
🚨 Need help verifying your agriculturist status or applying for permission?
📩 Contact us today or DM us on Instagram @JKRevenueGyaan – we help you decode land laws with simplicity and confidence.
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🗣️ Have questions? Drop them in the comments — we answer them all, like a real Tehsildar would 😉
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