Jammu and Kashmir Kahcharai Act, 2011 (1954 A. D. )

No: 18 Dated: Sep, 05 2011

THE JAMMU AND KASHMIR KAHCHARAI ACT, 2011 (1954 A. D. )

(Act No. XVIII of Samvat 2011)

    An Act to make better provision for and to consolidate and amend the Law relating to Kahcharai and other matters connected therewith.

    Whereas it is expedient to make better provision for and to consolidate and amend the Law relating to Kahcharai and other matters connected therewith ;

It is hereby enacted as follows :––

CHAPTER I

PRELIMINARY

1. Short title and extent.––(1) This Act may be called the Jammu and Kashmir Kahcharai Act, 2011.

(2) It extends to the whole of the Union territory of Jammu and Kashmir.

2. Repeal and saving.––(1) The Jammu and Kashmir Kahcharai Act, 1994, is hereby repealed.

(2) The rules and Ailans previously issued are hereby repealed to the extent to which these are repugnant to the provisions of this Act.

(3) But all rules, notifications and notices issued, appointments and orders made, rates and fees imposed or assessed, powers conferred, rights acquired and liabilities incurred and other things done under the Act hereby repealed shall, so far as may be, deemed to have been respectively issued, made, imposed, assessed, conferred, acquired and done under this Act.

3. Definitions.– In this Act, unless there is anything repugnant in the subject or Context,—

(1) “Kahcharai” means revenue derived or derivable from any duty, fee, tax, fine or penalty imposed under the provisions of this Act or of other law for the time being in force, relating to the levy of grazing or browsing dues ;

(2) “barrier post” means a post fixed or established on a line of road or route, where livestock liable to the payment of Kahcharai or on entering the territories of the State from outside or within those territories from one side of the Pir Panjal mountain range to the other, checked or enumerated and subjected to the payment of Kahcharai ;

(3) “checking post” means a post fixed or established on a line of road or route where livestock liable to the payment of Kahcharai are, while moving within the territories of the State on either side of the Pir Panjal mountain range, checked or enumerated and subjected to the payment of Kahcharai ;

(4) “Kahcharai officer” includes a Revenue Officer as defined in the Jammu and Kashmir Land Revenue Act, 1996, a Forest officer as defined in the Indian Forest Act, 1927 (16 of 1927), a Girdawar, a Patwari and any other officer or person duly authorised by the Minister-in-charge of the Forest Department to perform all or any of the duties under this Act ;

(5) “village Kahcharai” means Kahcharai assessed at‘A’ rates ;

(6) “fluctuating Kahcharai” means Kahcharai assessed at ‘B’ or ‘C’rates ;

(7) “Bahak” means a limited area situated in hills where graziers resort in summer for grazing purposes ;

(8) “year” for the purposes of enumeration, record of livestock, assessment and collections of Kahcharai shall be deemed to commence on and from Ist Maghar and to close at the end of Katik ;

(9) references to Pir Panjal mountain range shall be construed as references to the Mountain Range which runs through the territories of the State such that the territories comprising Kashmir Valley and the frontier tracts of Bunji and Ladakh excluding the Suru Valley of Kargil Tehsil fall on the one side and the territories comprising Jammu and the Suru Valley of Kargil Tehsil adjoining Tehsil Kishtwar on the other side of the said range.