The JAMMU AND KASHMIR CHOWKIDARI ACT, 1956

CHOWKIDARI ACT, 1956
(Act No. XXXVII of 1956)
THE JAMMU AND KASHMIR CHOWKIDARI ACT , 1956
(Act No.  XXXVII of 1956)
CONTENTS
Section.
1. Short title, extent and  commencement.
Repeal and Saving.
2. Definitions.
3. Deputy Commissioner to determine number of  Chowkidars.
4. Power to create or reduce posts.
5. Appointment,  suspension  and dismissal of Chowkidars.
6. Wages of Chowkidar.
7. Cess to be raised by Government.
8. Collection of cess and remuneration to Lambardars.
9. Appeals.
10. Duties of Chowkidars.
11. Chowkidar a public servant.
12. Liabilities under other Acts.
13. Protection of action under this Act.
14. Procedure for issue of summons, notice, etc.
15. Power to frame rules.
–––––––
CHOWKIDARI ACT, 1956 285
THE JAMMU AND KASHMIR CHOWKIDARI ACT,
1956
(Act No. XXXVII of 1956)
[Received the assent of the Sadar-i-Riyasat on 6th November,
1956 and published in the Government Gazette dated 28th December,
1956].
An Act to amend, consolidate and declare the Law relating to the
appointment and maintenance of Chowkidars in towns and villages in
*[the Jammu and Kashmir State].
Be it enacted by the Jammu and Kashmir State Legislature in the
Seventh year of the Republic of India as follows :––
1. Short title, extent and commencement. ––(1) This Act may be
called the Jammu and Kashmir Chowkidari Act, 1956.
(2) The provisions of this Act shall have effect in all towns and
villages in 1[Union territory of Jammu and Kashmir].
(3) Repeal and savings.–– From the date this Act comes into
force, all previous orders, circulars and rules, so far as they are repugnant
to this Act, shall be deemed to have been repealed ;
But all appointments made, orders issued, limits fixed or things
done under orders, circulars and rules hereby repealed shall be deemed
to have been respectively made, issued, fixed or done under this Act.
2. Definitions.–– In this Act, unless the context otherwise
requires :––
(a) “prescribed” means prescribed by rules made under this
Act ;
(b) “town” means a town area 2[declared as such], but shall
not include municipal areas or other stations, police
duties of which are discharged by Police officials, re-
* Now Union territory of Jammu and Kashmir.
1. Substituted for the words “the Jammu and Kashmir State” by S. O. 1229 (E) of 2020 dated
31-03-2020.
2. Substituted for “as defined in Jammu and Kashmir Town Area Act, 2011”ibid.
286 CHOWKIDARI ACT, 1956
cruited under the Police Act, 1983, or under any other Act
for the time being in force ;
(c) “village” means a residential area (entered as Mahal in
revenue records) of which boundaries have been defined.
3. Deputy Commissioner to determine number of Chowkidars.––
The Deputy Commissioner shall determine the number of Chowkidars to
be maintained in a town or village or a group of towns or villages in the
prescribed manner :
Provided that the existing number of Chowkidars shall be treated
as if it were determined under this section.
4. Power to create or reduce post.–– Notwithstanding anything
contained in section 3,  the 1[Government of the Union territory of Jammu
and Kashmir] may create or reduce any posts of Chowkidars at any time.
5. Appointment, suspension and dismissal of Chowkidars.–– The
appointment, suspension and dismissal of a Chowkidar shall rest with the
Tehsildar who shall also be competent to impose a penalty of fine on a
Chowkidar for neglect of duty or misconduct :
Provided that a Naib-Tehsildar may, in cases of emergency,
suspend a Chowkidar or fine him or grant him leave of absence, subject
to confirmation by the Tehsildar :
Provided further that the payment of dues for the period of
suspension and for period of leave of absence shall be determined in the
prescribed manner.
6. Wages of Chowkidar.–– The 1[Government of the Union territory
of Jammu and Kashmir] shall determine the wages to be paid to a
Chowkidar appointed under this Act :
Provided that the rates of wages paid to a Chowkidar on the date
of commencement of this Act shall continue to be paid until the same
are revised.
7. Cess to be raised by Government.–– The 1[Government of the
Union territory of Jammu and Kashmir] shall raise a cess for the purpose
1. Substituted for “Government” by S.O. 1229 (E) of 2020 dated 31-03-2020.
CHOWKIDARI ACT, 1956 287
of remunerating the Chowkidars to be maintained in a town or village or
a group of towns or villages :
Provided that the Pujaris, Granthis, Imams, Mujawirs and Takidars
of Temples, Gurdawaras, Mosques, Khanqahs, Takias and other places of
public worship including Churches and destitute widows and orphans
without ostensible means of livelihood shall be exempt from payment of
the whole or part of the cess :
Provided further that the 1[Government of the Union territory of
Jammu and Kashmir] shall have power to exempt any person or class of
persons or property or description of property from payment of the tax.
8. Collection of Cess and remuneration to Lambardars.––(1) The
cess shall be collected as land revenue in accordance with the provisions
of Chapter VII of Jammu and Kashmir Land Revenue Act, 1996, and all
arrears of such cess shall be collected as arrears of land revenue.
(2) The collection shall be made by the Lambardar of a village
in the same manner in which the land revenue is being collected by him.
2[(3) x x x x].
9. Appeals. ––(1) An appeal against an order passed by the
Tehsildar under this Act shall lie to the Deputy Commissioner whose
orders shall be final :
Provided that the Deputy Commissioner may either dispose of
such appeal himself or may transfer it for disposal to an Assistant
Commissioner subordinate to him.
(2) In disposing of an appeal transferred to him under sub-section
(1) the Assistant Commissioner shall exercise all the powers of the Deputy
Commissioner.
10. Duties of Chowkidar.–– Every Chowkidar appointed under this
Act shall carry out the watch and ward of a town or village to which
he is appointed and assist the local officers and Panchayats in the
discharge of their functions and the prevention and detection of crime.
1. See foot-note under section 4.
2. Sub-section (3) of section 8 repealed by section 7 of the Jammu and Kashmir Lambardari
Act, 1972 (Act No. X of 1972).
288 CHOWKIDARI ACT, 1956
11. Chowkidar a public servant.–– A chowkidar appointed under
this  Act shall be a public servant within the meaning of section 21 of
the 1[Indian Penal Code (45 of 1860)].
12. Liabilities under other Acts.–– Any punishment inflicted
under this Act shall not protect the Chowkidar from any other criminal
or civil liability under any other law for the time being in force.
13. Protection of action under this Act.–– No suit or other legal
proceedings in a Civil or Criminal Court shall lie against any person in
respect of anything done in good faith under this Act.
14. Procedure for issue of summons, notice, etc.–– The provisions
of the Jammu and Kashmir Land Revenue Act, 1996, in regard to issue
of summons, notices, proclamations, orders, conduct of enquiries, places
of hearing, record of statements and issue of copies, and inspection of
records, shall apply to proceedings under this Act.
15. Power to frame rules. ––(1) The 2[Government of the Union
territory of Jammu and Kashmir] may frame rules for carrying into effect
the purposes of this Act.
(2) In particular and without prejudice to the generality of the
powers conferred by sub-section (1), such rules may relate to all or any
of the following matters :––
(a) the qualifications for appointment as Chowkidars and the
procedure for making appointments and for punishment
of Chowkidar including fixation of the amount of fine,
period of suspension and the payment of dues for the
period of suspension and for the period of leave of
absence ;
(b) the mode of conducting enquiries into allegations against
Chowkidars ;
(c) the procedure for hearing and disposal of appeals ;
(d) the grant of leave to Chowkidars and the arrangements
for carrying on work in their absence ;
1. Substituted for “Ranbir Penal Code, 1989” by S.O. 1229 (E) of 2020 dated 31-03-2020.
2. See foot-note under section 4.
CHOWKIDARI ACT, 1956 289
(e) the distribution and realization of Cess ;
(f) the mode of payment of emoluments to Chowkidar ;
(g) provision for the uniforms, its mode of supply and its
entry in registers ;
(h) assessments, batches or special assessments ;
(i) maintenance and form of registers and form of returns,
statements and reports ;
(j) mode of raising the cess and control, custody and
maintenance of Cess Fund ;
(k) the imposition, assessment and collection of the Cess and
preventing the evasion thereof ;
(l) exemption from taxation of any person or class of persons,
property or description of property ;
(m) the manner and proportion of expending the Cess and the
preparation of estimates and income of expenditure.
All such rules shall be published in the *[Government Gazette]
and shall take effect from the date of such publication.
––––––––
* Now Official Gazette.
290 CHOWKIDARI ACT, 1956

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