(1) No action shall lie against the Government Or against any Kahcharai Officers for damages in any Civil Court for any act bona fide done or ordered to be done in pursuance of this Act or any law for the time being in force relating to the Kahcharai revenue.
(2) All prosecutions of any Kahcharai Officer and all actions which may be lawful1y brought against the Government or against any Kachcharai Officer in respect of any act done or alleged to have been done in pursuance of this Act, shall be instituted within 3 months from the date of- the act complained of and not afterwards; provided that no suit shall be instituted until the expiration of one month after notice has been given stating the cause of action and the name and place of abode of the intending plaintiff and the plaint must contain a statement that such notice has been given.
(3) In such actions for damages it shall be lawful for the Court, if tender of sufficient amends shall have been made before the action was brought in awarding the amount so tendered, to refuse cost to the plaintiff and direct him to pay the cost of the defendant.
36. Power to make rules-- (l) The Government may make rules for the purpose of carrying out the provisions of this Act. .
(2) In particular and without prejudice to the generality of the provisions of sub-section
(1) such rules may prescribe and define the powers and duties of the Kahcharai Officers and matters required generally for carrying out the purposes of this Act.
l[SCHEDULE I [See Section 6] S' No. Kind of Animal Rate A Rate B Rate C
1. Pack bullocks 0.80 0.80 0.80
2. Tell Bullocks 0.50 1.00 2.00
3. Buffaloes 1.80 3.15 1125
4. Riding ponies 2.50 3.75 7.50
5. Pack ponies & Mules 2.80 2.80 500 6 Donkeys 0.65 0.65 0.65
7. Camels 5.00 10.00 15.00
8. Sheep f or Ladakh 0.15 0.20 0.60 9 Goats imported for Commercial purposes 2.50 10 Sheep for rest of the State 0.15 0.20 0.65 11 Sheep imported for Commercial purposes 0.20
SCHEDULE II [See Section 6]
(1) The following livestock ,shall be exempt 'from the levy of Kahcharai fees, namely:-
(i) cows and bullocks (other than Teli Pack bullocks) ;
(ii) animals belonging to any department of the Jammu and Kashmir Government '
(iii) animals belonging to the Sadar-i-Riyasat ;
(iv) livestock of persons living within the limits of a Municipality or Town Area.
(2) The following livestock shall be exempt so long as conditions indicated are satisfied:
(i) animals of bona fide visitors to the State provided the period of stay does not exceed six months;
(ii) riding and pack ponies of the frontier district of Ladakh and Bunji Illaqa while passing through or detained on account of the closure of passes in Jammu and Kashmir provinces ;
(iii) riding and pack ponies, mules and donkeys coming into the State from outside as well as animals purchased within the State for export out of the state, provided they leave the State within 15 days of their entry or the date of purchase;
(iv) goats and sheep brought by butchers or other persons within Municipal or Town Area limits for purposes of slaughter;
N.B:1[Deleted].
(v) animals brought for display in cattle shows and public fairs provided they do not stay for more than a fortnight at places where cattle shows or public fairs are held;
(vi) one female-buffalo and five sheep for every landowner 'or tenant of land who owns such animals so long as the animals graze within the limits of their village and are kept for domestic purposes;
(vii) six pack animals and one male buffalo per dera of nomad 'graziers, including Gaddis and Gujjars, kept by them for personal requirements.
THE JAMMU AND KASHMIR KAHCHARAI ACT, 2011 (1954 A. D.)
Act No. XVIII of 2011 List of Notification S. No. SUBJECT
1. Establishment of one grazing check post at Mandi Rajpura.
2. Animals brought into Ladakh District by Tibetan Traders exempted from Kahcharai fee.
3. Male buffaloes exempted from levy oil Kahcharai.
4. Form of Certificate for Kahcharai THE JAMMU AND KASHMIR KAHCHARAI ACT, 2011 (1954 A. D.)
Act No. XVIII of 2011 ESTABLISHMENT OF ONE GRAZING CHECK POST AT MANDl RAJPORA Forest Department 1 [Chief Conservator of Forests Notification].-In exercise of the power vested in me under section 5 (a) of the Jammu and Kashmir Kahcharai Art, 2011, one grazing check post at. Mandi Rajpora, Haveli Range, Rajouri Division is hereby established for enumeration and checking of live-stock of graziers moving within the territories of the State on either side of the Pir Panjal mountain range and collection of Kahcharai dues thereon.
ANIMALS BROUGHT INTO LADAKH DISTRICT BY TIBETAN TRADERS EXEMPTED FROM KAHCHARAI FEE.
Annexure to Cabinet Order No. 131-C of 1955 dated 10th March, 1955:- 1n exercise of the powers conferred by sub-section (1) of section 6 of the Jammu and Kashmir Kahcharai Act, 2011, the Government hereby exempt from the levy of Kahcharai the animals brought into the Ladakh District by the Tibetan traders.
MALE BUFFALOES EXEMPTED FROM LEVY OF KAHCHARA1 Revenue Department Notification 1[SRO-188 dated Ist August, 1962]:- 1n exercise of he powers conferred by sub-section (1) of section 6 of the Jammu and Kashmir Kahcharai Act, 2011, the Government hereby exempt all male buffaloes (other than Teli Buffaloes) from the levy of Kahcharai under the said Act.
FORM OF CERTIFICATE FROM KAHCHARAI 2[Government Order No. 205 of 1960 dated 16th August, 1960] In exercise of the power conferred by section 13 of the Jammu and Kashmir Kahcharai Act, Samvat 2011, the Government hereby order that in respect of the livestock included in villages Kahcharai Assessment and moving outside their village of origin.
ORDERS AND - NOTIFICATIONS PERTAINING TO KAHCHARAI *Extract from Council Order No. 999-C of 1940 regarding transfer of control of grazing within demarcated forests to the Forest Department and the recovery of dues thereon.
(2) Item Government accept the spirit of the recommendation made by the Committee that the control of grazing within demarcated forests should be vested in the Forest Department and with a view to implement this recommendation, issue the following directions:- Grazing in demarcated forests should be regulated by the Forest Department, that is to say, the Forest Department should have the right to determine what areas shall be thrown open to grazing each year and what areas shall be closed to grazing in each year within the limits allowed by the existing law. Government recognise that, even in areas thrown open to grazing in any particular year, steps should be taken to ensure that those areas are not over-grazed and are not thereby allowed to deteriorate for providing adequate grazing in the future. But this is a matter whose investigation has been entrusted to the Grazing Committee appointed under Council Order No. 873-C of 1938 and final orders on this aspect of the question will be passed on receipt of that Committee's report.
Zamindars who have to pay a fixed Kahcharai assessment under the settlement should be entitled to take their cattle for grazing only to areas which are thrown open to grazing by the Forest Department, but it will be the duty of the Forest Department to see that an adequate area of State forests in each Province is thrown open for the purpose of meeting the grazing demands of the number of cattle on which the fixed Kahcharai assessment is collected. It should also be made clear that the Zamindar, under a fixed Kahcharai assessment, is' entitled to take his cattle to any area thrown open for grazing within the limits of the State even if that area is in' another province from ' that in which he himself resides. The difference between the fixed Kahcharai assessment and the assessment leviable for taking his cattle for grazing in another province should be recovered by the Forest Department. Every Zamindar with a fixed Kahcharai assessment will be given a permit by the Revenue Department which should show the number of cattle which he could graze on State lands and the amount payable as Kahcharai on those cattle.
As regards the remaining class of fluctuating Kahcharai assessment, namely, that levied on nonresidents of the State whose livestock go to the State forests for grazing, the issue of permits to such cattle and the recovery of fees due thereon should be transferred to the Forest Department. In regard to this last class the Forest Department, should have liberty to limit the number, which they will permit to be taken into particular areas of the State forest for grazing.
ANNEXURE TO CABINET ORDER No. 65-C OF 1952 DATED 14TH JANUARY, 1952.
NOTIFICATION In exercise of powers conferred by sub-Section (1) of Section 22 of the Jammu and Kashmir Kahcharai Act of 1994, the Government are pleased to exempt village Magiani, Tehsil Udhampur, from payment of permanent Kahcharai fee assessed on it, with effect from the date of this order.
ANNEXURE TO CABINET ORDER NO. 131-C OF 1955 DATED 10-3-1955 NOTIFICATION In exercise of the powers conferred by sub-section (1) of section 6 of Jammu and Kashmir Kahcharai Act 2011, the Government hereby exempt from the levy of Kahcharai the animals brought into the Ladakh District by the Tibetan traders MINISTRY OF REVENUE NOTIFICATION No. F. D. 2/42, DATED 21ST FEBRUARY, 1942 In exercise of the powers vested in him under section 24 (1) Kahcharai Act No. X of 1994 the Hon'ble Revenue Minister has been pleased to direct that the following places be fixed as grazing check posts in Handwara Tehsil:
Name of Range Name of place Ramhall Range (1) Bungus, (2) Donari, (3) Dtangyari (4) Budnambal Mawar Range (1) Tutmari Gali Hamal Range (1) Vijji MINISTRY OF REVENUE NOTIFICATION NO. F/40 OF 1942.
Sangam post in Anantnag, Kashmir Division is hereby declared as Check post for recovery of Kahcharai Tax under Section 24 (1) of Kahcharai Act No. X of 1994.
MINISTRY OF FINANCE ORDER No. F-37 DATED 29TH APRIL, 1943 The following grazing check posts are hereby established under section 24 (1) of the Kahcharai Act X of 1994.
(1) Kashmir Division Pachgam Guzar in Kund illaqa
(2) Pir Panjar Division Damhal Hanjipora in Kulgam Tehsil MINISTRY OF REVENUE ORDER No. F-40/43 DATED 11TH MAY, 1943 It is hereby notified under Section 24 (1) of Khacharai Act No. X of 1994 that grazing check posts are established permanently from 1st Chet to end of Maghar each year at Kanzalwan and Towbat bridge of the Gurez Range.
MINISTRY OF REVENUE NOTIF'ICATION NO. F-132 OF 1946. DATED NIL In exercise of the powers under Section 24 (1) of Kahcharai Act, it is hereby ordered that barrier and check post at Axa Nowgam be shifted to Boh Dragam.
Schedule I Schedule II THE JAMMU AND KASHMIR
CHAPTER II IMPOSITION AND LEVY OF KAHCHARAI
CHAPTER III CESS OFFENCES AND PENALTIES Subject NOTIFICATION No. F. D. 2/42, DATED 21ST FEBRUARY, 1942 ORDER No. F-40/43 DATED 11TH MAY, 1943 MINISTRY OF Revenue NOTIF'ICATION No. F-132 OF 1946. DATED NIL