Chapter XIII SUPPLEMENTAL PROVISIONS

Bower to deposit certain sums other than rent.--In either of the following cases, namely :-

1. (a) when a headman or other land-holder or an assignee of land revenue to whom any sum other than rent is payable on account of liability under this Act, refuses to receive the sum from, or to grant a receipt therefor to, the person by whom it is payable, or
2. (b) when the person by whom any such sum is payable is in doubt as to the headman or other land-holder, or the assignee of land revenue, entitled to receive it, that person may apply to Tehsildar within whobe local jurisdiction the land in respect of which the payment is to be made is situate, for leave to deposit the sum in his office, and he shaU receive the deposit, if after examining the applicant, he is satisfied that there is sufficient ground for the application, and if the applicant pays the fee, if any, which may be chargeable on any notice to be issued of the receipt thereof.

1. (2) When a deposit has been so received, ihe liability of the depositor to the headman or other land-holder, or the assignee of land revenue, for the amount thereof shall be discharged.

Disposal of the deposit.-(1) The Tehsildar receiving thc deposit under the foregoing section shall give a notice of the deposit to every person who he has reason to believe claims or is entitled to the deposit and may pay the amount, to any person or persons appearing to him to be entitled to the came. In case he is unable to decide who should receive the amount, he shall record his reasons therefor and may retain the deposit pending the decision of a Civil Court.

1. (2) No suit or other proceeding shall be maintained against either the Government or any of its officer for any act done under this section.

Orders of civil and criminal Courts for execution of processes against land or the produce thereof to be addressed to a Revenue officer Orders of Civil and Criminal Courts for execution of processes against land or the produce thereof to be addressed to a Revenue officers.-Orders issued by any Civil or Criminal Court for the attachment, sale or dclivery of any land or interest in land or for the attachment or sale of the produce of any land shall be addressed to the Collector and shall be ctecuted by hirn or any officer appointed by him in accordance with the provisions of the law applicable to the Court issuing the orders and with any rules consiqtent therewith, made by the Government in consultation with the High Court.

Attachments of assigned land revenue.--(1) Notwithstanding anything in any other enactment for the time being in force, an order issued by any Court for the attachment of assigned land revenue shall require the person by whom the revenue is payable to pay it to the Tehsildar and the Tehsildar to hold it subject to the further orders of the Court

1. (2) A payment to the Tehsildar under sub-section (1) shall be an effectual discharge to the person making it.

Preservation of attached produce.-(1) The attachment of the produce of any land in pursuance of an order of any Court or other authority shall not prevent the person to whom the produce beicongs frrin reaping, gathering or storing it, or doing any ather act necessary for its preservation.

1. (2) The attaching officer shall do or cause to be done all acts necessary for the preservation of the produce if the person to whom it belongs fails to do so.
2. (3) When sale of produce follows on I. attachment, the purchaser shall be entitled, by himself or by any person appointed by him in this behalf, to enter on the place where the produce is and do all that. is necessary for the purpose of preserving and removing it.

Division of produce.-In either of the following cases, namely :-

1. (a) where land revenue is paid by division or appraisement of the produce ;
2. (b) where a superior and an inferior land-holder, or two or more share-holders in a holding or tenancy, are jointly interested in any produce. and either w any of the land-holders or tenants, as the case may be. desires the ascistance of a Revenue officer, for the purpose of dividing or appraising the produce ; the provisions of the Jammu and Kashmir Tenancy Act, 1980, with respect to the division or appraisement of produce, shall apply so far as they can be made applicable.

Village cesses.

Superior land-holder's dues

Substitution of service for payment of land revenue.--

1. (1) The Government may, with the consent of the land-holders, direct that any land revenue payable to it shall be commuted primarily to the rendition of public service in lieu thereof. (2) Provided that, the Government may cancel any such agreement at any time and resume the land revenue.
2. (3) If a land-holder bound by an agreement under sub-section (1) to render public service in lieu of paying land revenue fails to render the service to the satisfaction of the Government, the Collector may determine the portion of the land revenue remitted which is represented by the service in respect of which the land-holder is in default, and, with the previous sanction of the Government, may recover that portion as if it were an arrear of land revenue due, in respect of the land for the land revenue whereof the service was substituted.

Recovery of cost of assessing assigned land revenue.--

1. (1) When land of which the land revenue has been assigned in whole or in part is re-assessed, the assignee shall be liable to pay such a share of the cost of making the re-assessment as the Government may determine to be just.
2. (2) That share may be recovered by the Collector by deduction of the amount thereof from the land revenue due to the assignee.

Penalty for failure to attend in obedience to order of Revenue officer.-- If a person required by a summons, notice, order or proclamation proceeding from a Revenue officer under the provisions of this Act to attend at a certain time at any place within the limits of his jurisdiction fails to comply with the requisition without a reasonable excuse, he shall be liable at the discretion of the Revenue officer to a fine which may extend to fifty rupees.

Prevention of encroachment on common land.--

1. (1) When land which has been reserved for the common purposes of the co-shares therein has been encroached on by any co-sharer, a Revenue officer not below the rank of an Assistant Collector of the first class or the officer incharge of the Settlement or an Assistant Collector of the first class subordinate to him may, on the application of any other co-sharer, eject the encroaching co-sharer from the land, and, by order duly proclaimed, forbid repetition of the encroachment.
2. (2) Prevention of encroachments on or cultivation of common land, or land reserved for public purposes or of which cultivation has been prohibited or is objectionable, or by person not entitled to bring it under cultivation.--
   • (a) When land which has been reserved for grazing ground or any other public purpose, or of which the cultivation has been prohibited by a Revenue officer duly empowered in that behalf, has been encroached upon or brought under cultivation, or
   • (b) when land has been brought under cultivation by any person not entitled under any law or rules having the force of law to bring it under cultivation, or
   • (c) when any person, without due authority, has taken possession of land belonging to the Government, a Revenue officer empowered in this behalf by the Government of his own motion or on the application of any person interested, may eject the person so encroaching upon or cultivating such land and take possession of such land without paying any compensation for crops or improvements, and may also, by order duly proclaimed, forbid repetition of the encroachment : Provided that where on any land mentioned in clause (a) any structure stands raised, the person encroaching upon the land shall be ejected therefrom forth-with leaving an area of 10 marlas under and adjacent to the structure in respect of which the owner thereof shall be given a notice in writing affording him an opportunity to--
3. (1) dismantle the structure standing on such land and to remove the material from the site ; or
4. (2) Offer suitable equivalent area in exchange from out of his proprietary land or from out of the land which he may acquire or purchase for the purpose, within a period of one month from the date of issue of the notice failing which the Revenue officer aforementioned may eject the owner or occupier of the structure and may dismantle or cause to be dismantled the structure and remove or cause to be removed the material from the site and in doing so the Revenue officer may use such force, as may be necessary. The person so ejected shall be liable under the order of a Revenue officer not below the rank of a Collector or officer in charge of the Settlement or an Assistant Collector of the first class subordinate to him, to a fine not exceeding Rs. 150 in addition to revenue payable on the land for the period of possession reckoned at village revenue rates.
5. (3) When land has been brought under cultivation by a person entitled under the rules or orders in force to bring it under cultivation, but a Revenue officer not below the rank of Tehsildar in any enquiry made under section 24 of this Act finds that, for reasons to be recorded by him, the cultivation of such land should be prohibited, he may eject the person cultivating it, and may, by order duly proclaimed, forbid its further cultivation.
6. (4) No compensation shall be claimed by any person for any damage which he may sustain in consequence of the dismantling of any structure or removal of any material from the site under this section.
7. (5) The proceedings of the Revenue officer under the foregoing sub-sections shall be subject to any decree or order which may be subsequently passed by any Court of competent jurisdiction.

A. No land which grows or has been growing within the preceding two years shall crop, vegetables, or saffron bulbs be used for any purpose other than agricultural purpose, without, permission in writing of the Revenue Minister.

B. Prohibition to convert water surface, water field or floating field into land in Kashmir Province.-- No person shall--

1. (a) convert any water-surface, water field or floating field into land by filling or by any other process ;
2. (b) fill with earth, stones, rubble or any other matter, or fence or enclose in any manner whatsoever, any water, for creating a water field or floating field or expanding the area of any authorised water field or a floating field ;
3. (c) use any water surface, water field or floating field for mooring a floating field
4. (Radh) thereon within such limits as may be specified by the Government ; in any lake in Kashmir Province without the permission in writing of the Government. Explanation.--For purposes of this section "Lake in Kashmir Province", means "Gagriball Lake", "Dal Lake", "Nagin Lake", "Anchar Lake", "Mansbal Lake", "Hokarsar Lake", "Haigam Rakh", and such other lakes as may be notified by the Government from time to time and every such lake shall comprise of such areas, waters, water fields and floating fields as the Government may, by general or special order specify in respect of each lake.

C.

1. (1) If any person contravenes the provisions of section 133-A or section 133-B, the Collector or any other officer not below the rank of an Assistant Collector of the first class, as he may authorise, may, by notice in writing served in the manner hereinafter provided, direct such person to show cause within the time specified in the notice as to why he should not remove the contravention and restore the land or water-surface or water field or floating field, as the case may be, to its original condition by a particular date and if such person fails to show cause to the satisfaction of the Collector or such officer, within that time, the Collector or such officer may, after informing the person of his decision, remove or cause to be removed the contravention and in doing so, may use such force as may be necessary.
2. (2) The Collector or the officer authorised by him under sub-section (1) shall cause a copy of the notice to be served on the person, who contravenes the provisions of section 133-A or section 133-B, by delivering or tendering it to such person or failing him, on his recognised agent or on an adult male member of his family usually residing with him, and in case such person, agent or adult male member, as the case may be, refuses, evades or fails to accept or comply with the service of the notice or is not otherwise available, the Collector or the officer shall cause the notice to be served by having it affixed, on the outer door or some other conspicuous part of usual or last known place of residence of such person and if service cannot be so made; the Collector or the officer shall cause the notice to be published in any local newspaper, besides affixing a copy thereof on some conspicuous place of the land or water field or the floating field or the fencing of the water in respect of which he has committed contravention, and thereupon the notice shall be deemed to have been duly served on him.

D. Without prejudice to the provisions of section 133-C, the person found under that section to have contravened the provisions of section 133-A or section 133-B, shall be punishable by the Collector or any officer not below the rank of an Assistant Collector of the first class, as may be authorised by him, with fine which may extend to two thousand rupees.

E. The provisions of section 133-C shall also apply in respect of all contraventions of the provisions of section 133-A and section 133-B committed before the commencement of the Jammu and Kashmir Land Revenue (Amendment) Ordinance 1971 (1 of 1971) i.e. the 9th February, 1971 :

Appeal F.

1. (1) Any person aggrieved by an order made under section 133-C or section 133-D, may prefer an appeal to the Divisional Commissioner within a period of thirty days from the date the order is passed,
2. (2) An appeal under sub-section (1) shall not operate as a stay of the proceedings under an order appealed from : Provided that the Divisional Commissioner may stay the execution of the order under section 133-C and section 133-D, if he is satisfied that substantial loss may result to the party applying for stay of execution unless the order is made and that sufficient security has been given by the applicant for the due performance of such an order as may ultimately be binding upon him.

G. Notwithstanding anything contained in any other law for the time being in force, nothing done or purporting to have been done by the Collector, or the officer authorised by him in this behalf, under sections 133-A, 133-B, 133-C and 133-D or by the Divisional Commissioner under section 133-F, shall be called in question in any Court and no Court shall entertain any suit or proceeding or grant any injunction with respect to any action or thing or any matter for which a proceeding has been taken under the said provisions.

Papers kept by village officers to be deemed public documents.-(1) Any record or paper which a village officer is required by any law or by any rule having the force of law to prepare or keep shall be deemed to be the property of the Government.

1. (2) A village officer shall, with respect to any such record or paper in his custody, be deemed for the purposes of the Evidence Act, XIII of 1977, to be a public officer having the custody of a public document which any person has a right to inspect.

Costs.-(1) A Revenue officer may award or apportion the costs of any proceeding under this Act in any manner he thinks fit :

Restriction on Revenue officers bidding at auction or trading Restriction on Revenue officers bidding at auction or trading.-(1) An officer of the Revenue Department or a person employed in a Revenue office or patwari or kanungo shall not-

1. (a) purchase or bid for, either in person or by agent, in his own name or that of another, or jointly or in shares with others, any property situated within his jurisdiction which any Revenue officer or Revenue Court has ordered to be sold, or
2. (b) in contravention of any rules made by the Government in this behalf, engage in trade.

1. (2) Nothing in sub-section (1) shall be deemed to preclude any person from becoming a member of a company incorporated under the Companies Act or any law in force in the State regarding the incorporation of companies.

Power to make rules.-(1) The Government may, in addition to any other rules which may be made by it under this Act, frame rules consistent with this Act and any other enactment for the time being in force-

1. (a) fixing the number and amount of the instalments, and the times and places and the manner, by, at, and in which any sum other than rent or land revenue, which is payable under this Act or of which a record has been made thereunder, is to be paid ;
2. (b) fixing the dates on which profits are to be divisible by headmen, or other persons by whom they are raalised on behalf of co-sharers ;
3. (c) prescribing the fees to be charged for the service and execution of processes issued by Revenue officers and revenue Courts, the mode in which those fees are to be collected, the number of persons to be employed in the service, and execution of those processes, and remuneration and duties of those persons ;
4. (d) regulating the procedure in cases where persons are entitled to inspect records of Revenue officers, or records or papers in the custody of village officers or to obtain copies of the same, and prescribing the fees payable for searches and copies ;
5. (e) prescribing forms for such books, entries, statistics and accounts as the Government thinks necessary to be kept, made or complied in Revenue offices, or submitted to any authority ;
6. (f) declaring what shall be the language of any of those oflices ; and
7. (g) generally for carrying out the purposes of this Act.

1. (2) Until rules are made undw claubes
   • (a) and (b) of sub-section (1) the sums therein referred to shall be payable by instalments, at the times and places, and in the manner hv, at, and in which they are now payable.

Rules.-The rules to be framed under this Act shall be published in Government Gazette and shall take effect from such date as may be mentioned therein, provided that such date is not less than [fifteen days] after the publication.

A. The Government may by notification in the Government Gazette delegate any of its functions or powers under this Act to any person specified in such notification.

Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue officers.-Except as otherwise provided by this Aet-

1. (1) no Civil Court shall have jurisdiction ih any matter which a Revenue officer is empowered by this Act to dispose of or take cognizance of ;
2. (2) a Civil Court shall not exercise jurisdiction over any of the following matters, namely :-
   • (i) any question as to the limits of any land which has ken defined by a Revenue officer as land to which this Act does or does not apply ;
   • (ii) any claim to compel the performance of any duties imposed by this Act or any other enactment for the time being in force on any Revenue officer, aa such ;
   • (iii) any claim to the office of [ x x x x x ] villago officer or in respect of any injury caused by exclusion from such office or to compel the performance of the duties or a division of the emoluments thereof ;
   • (iv) any notification directing the making or revision of a record-of-rights ;
   • (v) the framing of a record-of-rights or annual record ; or the preparation, signing or attestation of any of the documents included in such a record ;
   • (vi) the correction of any entry in a recorb-of-righu, annual record or register of mutations ;
   • (vii) any notification of the undertaking of the general reasseroment of a district or tehsil having been sanctioned by the Government ;
   • (viii) the claim of any person to be liable for an assessment of land revenue or of any other cevenue assessed under this Act ;
   • (ix) the amount of land revenue to be assessed on any estate or to be paid in respect of any holding under this Act ;
   • (x) the amount of, or the liability of any person to pay, any other revenue to be assessed under this Act, or any cess, charge or rate to be assessed on an estate or holding under this Act or any other enactment for the time being in force ;
   • (xi) any claim relating to the allowance to be received by a landholder who has given notice of his refusal to be liable for an assessment, or any claim connected with, or arising out of, any proceedings taken in consequence of the refusal of any person to be liable for an assessment under this Act :
   • (xii) the formatior of an estate out of waste-land ;
   • (xiii) any claim to hold free of revenue any land, mills, fisheriea or natural products of land or water ;
   • (xiv) any claim connected with, or arising out of, the collection by the Government, or the enforcement by the Governmant ef any process for the recovery of land revenue, er any gum recoverable as an arrear of land revenue ;
   • (xv) any claim to set aside, on any ground other than fraud, a sale for the recovery of an arrear of land revenue or any sum recoverable as an arrear of land revenue ;
   • (xvi) the amount of, or the liability of any person to pay my fees, flnes, costs or other charges imposed under thk Act ;
   • (xvii) any claim for partition of an estate, holding or tenancy, or any question connected with, or arising out of, proceedings for partition, unless such question is to be determined by a Civil Court as a quection of title arising out of the said proceedings ; (xviii) any question as to the allotment of land on the partition of an estate, holding or tenancy, or as to the distribution of land revenue on the partition of an estate or holding, or as to the distribution of rent on the partition of a tenancy ;
   • (xix) any claim to set aside or disturb a division or appraisemant of produce confirmed or varied by a Revenue officer under this Act ;
   • (xx) any question relating to the preparation of a list of vilIage cesses or the imposition by the Government of conditionlr on the collection of such cesses ;
   • (xxi) any proceedings under this Act for th commutation of the dues of a superior land-holder ;
   • (xxii) any claim arising out of the enforcement of an agreement to render public service in lieu of payment of land reveriue ; (xxiii) any claim arising out of the liability of an assignee of land revenue to pay a share of the cost of collecting or reassessing such revenue, or arising out of the liability of an assignee to pay out of assigned land revenue, or of a person who would be liable for land revenue if it had not been released, compounded for or redeemed to pay on the land revenue for which he would but for such release, composition or redemption be liable, such a percentage for the remuneration of a Zaildar, inamdar or village officer as may be prescribed by rules for the time being in force under this Act ; and
   • (xxiv) the claim of any person for declaring ownership or any right in respect of grazing land and other prohibited Shamilat lands.