Sec 35 to 40 (Chapter VI) The Jammu and Kashmir Land Revenue Act, 1996

1 [35. Right of the Government in mines and minerals.––

The rights to mines, minerals, minor minerals and quarries shall vest in the Government and the Government shall have all powers necessary for the proper enjoyment of such rights.

EXPLANATION :––

For purposes of this section ‘minor minerals’ mean the minor minerals in respect of which the *[State Government] is empowered to make rules under section 15 of the Mine and Minerals (Regulation and Development) Act, 1957).

1. Section 35 substituted by Act XXIX of 1978, s.

2. * Now Government of the Union territory of Jammu and Kashmir. 

2 [35-A. Trees on Khalsa land. ––

(1) No person shall fell any tree standing on Khalsa (Government) land or cut branches thereof, or remove, sell or convert the wood or timber of any such tree to his own use otherwise than in accordance with the rules made by the Government or any officer empowered by the Government in that behalf.

(2) Nothing contained in sub-section (1) shall debar a person from removing leaves of such trees for agricultural purposes and purposes subservient to agriculture.]

2. Section 35-A inserted by Act XIX of Samvat 2003.

36. Provision relating to royal and reserved trees. Rights of the Government in royal trees.––

All trees of the following descriptions, namely:—

shall be deemed to be royal trees. They, even when standing on private land, cannot be cut, or removed except in accordance with the rules framed by the Government in this behalf.

37. Reserved trees. ––

(1) All trees of the following descriptions, namely :—

The Government may, by notification, order that trees of any description specified in such notification shall be deemed to be reserved trees in any local areas specified therein.

(2) Reserved trees, although standing on private land, shall not be sold or converted by any person to his own use otherwise than in accordance with a general or special order of the Government or of an officer empowered by the Government in this behalf, under the rules in force for the time being.

38. Penalties.––

A person proved to the satisfaction of an Assistant Collector not below the rank of a Tehsildar to have done any act 1 [prohibited by section 35-A, 36 or 37] shall be liable to a fine which may extend to 2 [rupees five hundred and the wood of the trees so felled from 3 [Union territory of Jammu and Kashmir] or private land shall be confiscated] and also be liable to make good to the 3 [Union territory of Jammu and Kashmir] any loss or damage caused by such act :

Provided that, a person who has been fined under this section shall not be prosecuted under the Criminal Law for the same act and a person who has been punished under the Criminal Law for any act 1 [prohibited by section 35- A, 36 or 37] shall not be liable to a fine under this section. Such loss or damage shall be assessed by the Assistant Collector and the amount may be recovered from the person held liable as if the same were arrears of the land revenue.

1. Substituted by Act XIX of Samvat 2003 for “prohibited by sections 36 or 37”. 

Presumption as to Ownership of Forest and Waste Lands

39. Presumption as to ownership of forest and waste lands.––

When in any record-of-rights it is not expressly provided that any forest, unclaimed, unoccupied, deserted or waste land, spontaneous product or other accessory interest in land belongs to the land holders it shall be presumed to belong to the 3 [Union territory of Jammu and Kashmir].2. Substituted by Act XI of 1965 for “Rs. 50”. 

Compensation for Infringement of the Rights of any person

40. Compensation for the infringement of rights of third parties in exercise of a right of the 3[Union territory of Jammu and Kashmir].––

(1) Whenever in the exercise of any right of the Government referred to in section 35, the rights of any person are infringed by the occupation or disturbance of the surface of any land, the Government shall pay, or cause to be paid to that person compensation for the infringement.

(2) The compensation shall be determined as nearly as may be in accordance with the provisions of the *[Land Acquisition Act] for the time being in force.

3. Substituted by S.O. 3808(E) dated 26.10.2020 for “State”.