THE JAMMU AND KASHMIR LAMBARDARI ACT, 1972

LAMBARDARI  ACT, 1972

(Act No. X of Svt. 1972)



LAMBARDARI ACT, 1972 245

THE JAMMU AND KASHMIR LAMBARDARI  ACT,  1972

Act No. X of 1972

CONTENTS

Section. Section.

1. Short title, extent and 4. Penalty  for contravening the
commencement. provisions of this Act and Rules.

2. Remuneration of Lambradars 5. Application of other laws.

3. Manner of depositing the 6. Power to make Rules.
sum recovered by Lambar-
Dars 7. Repeal and savings.

Note :— The Act was repealed by the Jammu and Kashmir
Lambardari (Repeal ) Act, 1984, (Act No. XIV of 1984) and subsequently
the Act was revived by the Jammu and Kashmir Lambardari (Revival) Act,
1985 (Act No. III 1985).

Amendments made by Act No.––

1. XXXVIII of 1978.

————



LAMBARDARI ACT, 1972 247

THE JAMMU AND KASHMIR LAMBARDARI  ACT,  1972

(Act No. X of 1972)

[Received the assent of  the Governor on 18th August, 1972 and published
in Government Gazette dated 22nd  August, 1972 (Extra)].

An Act to amend and consolidate the Law relating to payment of
remuneration of Lambardars for recovery of public demands.

Be it enacted by the Jammu and Kashmir State Legislature in the
Twenty-third Year of Republic of India as follows :––

1. Short title, extent and commencement.––(1) This Act may be called
the Jammu and Kashmir Lambardari Act, 1972.

(2) It extends to the whole of the State.

1[(3) It shall come into force on such date as the Government may, by
notification in the Government Gazette, appoint.]

2. Remuneration of Lambardars.––Notwithstanding anything contained
in any law, rule or instrument having the force of law, when any sum is
recoverable as land revenue or as cess or as arrears of land revenue under
any law for the time being in force, the Lambardar processing the recovery
proceedings, shall be entitled to receive such remuneration, not exceeding
five per cent of the sum recovered by or through him, 2[or such amount] as
the Government may by rules prescribe.

3. Manner of depositing the sum recovered by Lambardars. —Whenever
a Lambardar collects, receives or comes into possession of any sum recoverd by
or through him, as land revenue or as cess or as arrears of land revenue under
any law for the time being in force, he shall remit or deposit the sum in such office
or with such officer and in such manner and within such time, as the Government
may by rules precribe.

4. Penalty for contravening the provisions of this Act and Rules.––If any
Lambardar contravenes the provisions of section 3 or any rule made thereunder,
the sum collected, received or taken possession of, by him in the process of any
recovery proceeding, shall be recoverable from him as arrears of land revenue.

1. Enforced by SRO 188 of 1973 w.e.f 1-5-1973.
2. Inserted by Act No. XXXVIII of 1978, s. 2.



248 LAMBARDARI ACT, 1972

5. Application  of other laws.—The recovery of any sum as arrears of
land revenue from any Lambardar under section 4, shall not protect such
Lambardar from any other criminal or civil liability under any other law for the
time being in force.

6. Power to make rules.—(1) The Government may make rules to carry
out the purpose of this Act.

(2) Without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely :—

(a) procedure for election or appointment of Lambardars ;

(b) the duties of Lambardars ;

(c) the emoluments of the Lambardars and the manner of payment of
such emoluments ;

(d) punishment, suspension, removal and other conditions of service
of Lambardars ; and

(e) any other matter which has to be, or may be, prescribed by rules.

7. Repeal and Savings.—(1) With effect from the commencement of this
Act, sub-sectin (3) of section 8 of the Jammu and Kashmir Chowkidari Act,
1956, sub-section (1) of section 16 of the Jammu and Kashmir Kacharai Act,
2011 and section 20 of the Jammu and  Kashmir Land Revenue Act Svt. 1996
shall stand repealed.

(2) Notwithstanding such repeal, anything done or any action taken (in-
cluding any appointment or rule made, notification, instruction, direction or
order issued) under any provision of law repealed under sub-section (1) which
is not inconsistent with any provision of this Act or the rules made thereunder
shall be deemed to have been done or taken under the provisions of this Act
and shall continue to be in force accordingly until repealed or modified either
expressly or by implication by or under this Act.

–––––––