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

KAHCHARAI ACT, 2011
(Act No. XVIII of Svt. 2011)
THE JAMMU AND KASHMIR KAHCHARAI ACT, 2011
(1954 A. D. )
(Act No. XVIII of Samvat 2011)
CONTETS
SECTION.
CHAPTER I
PRELIMINARY
1. Short title and extent.
2. Repeal and savings.
3. Definitions.
CHAPTER II
IMPOSITION AND LEVY OF KAHCHARAI
4. Rate of Kahcharai to be levied.
5. Barrier or check posts.
6. Exemptions.
7. Suspension, remission or reduction of Kahcharai.
8. Differential rates.
9. Census of livestock.
10. Revision of Internal Village Bachh.
CHAPTER III
MOVEMENT OF LIVESTOCK
11. Registration of nomad graziers.
12. Restriction on movement of livestock.
13. Certificates  for graziers.
14. Prohibition for graziers living outside the State.
15. Restrictions on browsing in closed areas.
4 KAHCHARAI ACT, 2011 (1954 A. D.)
SECTION.
CHAPTER IV
CESSES
16. Lambardari and Patwari Cess.
17. Forfeiture of Lambardari cess and fixed demand.
CHAPTER V
COLLECTION OF VILLAGE KAHCHARAI AND POWERS OF REVENUE
OFFICERS
18. Collections.
19. Powers  and classes of Revenue officers.
CHAPTER VI
OFFENCES AND PENALTIES
20. Offences in respect of Kahcharai.
21. Offences by Kahcharai officers.
CHAPTER VII
OFFENCES BY WHOM TRIABLE AND THEIR COMPOUNDING
22. Power to compound offences.
23. Omitted.
CHAPTER VIII
POWERS AND PROCEDURE RELA TING TO OFFENCES
24. Powers to search on reasonable suspicion.
25. Searches how to be made.
26. Arrest of persons reasonably suspected  and further procedure.
27. Offenders under section 20.
28. Animals on which penalties incurred.
29. Enforcement of payment.
KAHCHARAI ACT, 2011 (1954 A. D.) 5
SECTION.
30. Payment of dues short-levied or erroneously refunded.
31. Refund of charges erroneously levied or paid.
32. Application of Criminal Procedure Code.
CHAPTER IX
MISCELLANEOUS
33. Lambardar or Chowkidar bound to give information of all breaches under
this Act.
34. No compensation for loss or damage.
35. Bar of actions.
36. Power to make rules.
SCHEDULE I
SCHEDULE  II
–––––––
6 KAHCHARAI ACT, 2011 (1954 A. D.)
KAHCHARAI ACT, 2011 (1954 A. D.) 7
THE JAMMU AND KASHMIR KAHCHARAI ACT, 2011
(1954 A. D. )
(Act No. XVIII of Samvat 2011)
[Received the assent of the  Sadar-i-Riyasat on 19th August, 1954 and
published in Governmant Gazette dated 5th Assuj, 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 there-
with ; 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 1[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 ;
1. Substituted by S.O. 1229 (E) dated 31.03.2020.
8 KAHCHARAI ACT, 2011 (1954 A. D.)
(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 1[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, assess-
ment 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 refer-
ences 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 ad-
joining Tehsil Kishtwar on the other side of the said range.
CHAPTER II
IMPOSITION AND LEVY OF KAHCHARAI
4. Rate of Kahcharai to be levied. ––(1) The Government may, from time
to time by notification in the **[Government Gazette], prescribe, annul or alter
rates at which Kahcharai shall be levied upon livestock.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Jammu and Kashmir Forest Act, 1987”.
* Now Union territory of Jammu and Kashmir.
** Now Official Gazette.
KAHCHARAI ACT, 2011 (1954 A. D.) 9
(2) The rates prescrbed to be levied at the Commencement of this Act
shall be as set out in Schedule I and shall continue to be levied till they are
annulled or altered undersub-section (1) :
Provided that such rates may be ordered by the Government to be levied
with effect from Ist Maghar, 2010.
5. Barrier or check posts.––(a) The Chief Conservator of Forests shall,
by notification in the *[Government Gazette], establish barrier and checking
posts in the **State territories at suitable places for the purposes of enumerat-
ing livestock entering the **State from outside or moving from place to place
within the **State and for levying fluctuating Kahcharai dues thereon.
(b) Such barrier and checking posts shall also be notified in the towns
and villages in the neighbourhood thereof :
Provided that barrier or checking posts now existing shall be deemed to
have been established under this Act.
6. Exemptions. ––(1) The Government may, by notification in the
*[Government Gazette], define and grant exemptions from payment of Kahcharai
levied under this Act.
(2) The exemptions to be granted at the commencement of this  Act  shall
be as set out in  Schedule II and shall continue to be granted till they are
annulled or altered under sub-section (1).
7. Suspension, remission or reduction of Kahcharai.––The Government
may, at any time, suspend, remit or reduce the Kahcharai dues in respect of any
livestock or species of livestock.
8. Differential rates. ––(1) Subject to the provisions of this Act, Kahcharai
shall be levied as follows :––
(a) “A rates” in respect of––
1[(i) livestock other than goats  which graze within the limits of a
village whether moving for grazing  during  summer to recog-
nized Bahaks or not ;]
* Now Official Gazette.
** Now Union territory of Jammu and Kashmir.
1. Sub-clause  (i) of  section 8 (1) (a) substituted by Act XXIX of 1956.
10 KAHCHARAI ACT, 2011 (1954 A. D.)
(ii) goats which do not move for browsing beyond the limits of
their  village ;
(b) “B rates” in respect of––
(i) livestock  other than  goats  which move  from  place to place
within the *State for grazing ;
(ii) goats  which move for browsing from place to place but do not
migrate from the territories of the *State on one side of the Pir
Panjal mountain range to such territories on the other ;
(c) “C rates” in respect of––
(i) livestock other than goats which enter for purposes of graz-
ing  or are imported for commercial purposes into the *State ;
(ii) goats which move for browsing  from the territories of the
*State on one side of the Pir Panjal mountain range to such
territories on the other.
(2) No Kahcharai shall be charged on––
(a) sheep and goats less than 6 months old ;
(b) animals other than sheep and goats less than 3 years old ; and
(c) livestock in villages  where adequate  grazing facilities do not exist
and cattle are not taken to forests and  Bahaks for  grazing.
(3) Notwithstanding anything contained in sub-section (1) livestock on
which Kahcharai has been paid at ‘‘A’’ rates shall, in the event of their becom-
ing liable to ‘B’ or ‘C’ rates, be charged only the difference between ‘A’ rates
and ‘B’ or ‘C’ rates, as the case may be.
(4) The goats moving from place to place but not migrating from the
territories of the *State on one side of the Pir Panjal mountain range to such
territories on the other shall, even if they take a route on the other side of the
Pir Panjal mountain range, be liable to be charged ‘B’ rates ; provided that the
period of transit through such other side does not exceed 15 days.
9. Census of livestock.––The Government may, at any time, direct census
of livestock or of a particular specie thereof to be taken simultaneously
throughout the *State or in any part thereof.
* Now Union territory of Jammu and Kashmir.
KAHCHARAI ACT, 2011 (1954 A. D.) 1 1
10. Revision of Internal Village Bachh.––1[(1) 2[Except in case of Ladakh
District where sheep and goats shall be enumerated after every three years, the
livestock of a village] under village Kahcharai shall be enumerated annually
and the incidence of Kahcharai of such village revised sccordingly :
Provided that, if between the date of the 3[x x x] enumeration and the due
date of the recovery of Kahcharai a decrease of over 25 per cent, in livestock is
caused by natural calamities, the Tehsildar shall have power to suspend and
the Collector the power to remit the Kahcharai dues on such livestock at the
prescribed rates.]
(2) Until  fresh enumeration of livestock is made as provided in sub-
section (1), the enumeration according to which fixed Kahcharai  was being
assessed immediately before the commencement of this Act shall be taken to
be the basis of assessment of village kahcharai under this Act.
CHAPTER III
MOVEMENT OF LIVESTOCK
11.Registration of nomad graziers.––Every nomad grazier who
migrates with his livestock from place to place for pasture in summer and
winter, shall be registered by a Kahcharai officer in the Tehsil in which he
resides in winter. The registration shall show necessary particulars relating to
him and  also the species and number of livestock in his possession.
12. Restriction on movement of livestock.—No nomad grazier shall—
(i) move his livestock from one tract to another except under a permit
issued under this Act and by routes other than—
(a) those specified in his permit ;
(b) the one on which a barrier or checking post has been notified ;
(ii) take his livestock across  the Jhelum and Chenab rivers except by a
bridge or Government ferry ;
(iii)   pass a barrier or a checking post with his livestock between sunset
and sunrise unless written permission is given to him by the
1. Sub-section (1) of section 10 substituted by Act XXIX of 1956.
2. Substituted by Act XXXII of 1969 for “The livestock of a village.”
3. Word “Annual” omitted ibid.
12 KAHCHARAI ACT, 2011 (1954 A. D.)
Kahcharai officer incharge of the post :
Provided that no permission shall be required in case of such posts as
are situate on metalled roads.
Explanation 1.––For purposes of sections 11, 12 and 20 ‘nomad graziers’
include  Bakarwals, Gaddis and Gujjars.
Explanation 2.––Optional routes not exceeding three shall be entered in
a permit.
13. Certificates  for graziers.––The graziers shall, in respect of the live-
stock included in village Kahcharai assessment and moving outside their vil-
lage of origin, obtain a certificate from the Patwari of such village on the
perscribed form and present it to the Kahcharai officer whenever necessary or
required.
14. Prohibition for graziers living outside the *State.—(1) No owner or
grazier living outside the *State shall import goats for browsing into the *State.
(2) Where any goats are brought into the *State for browsing they shall
be liable to be seized and forfeited to the Government.
15. Restrictions on browsing in closed areas.––No person shall browse
his goats in such tracts as are closed to browsing from time to time on grounds
of erosion and in the interests of soil conservation under an order of the Chief
Conservator of Forests.
CHAPTER IV
CESSES
16. Lambardari and Patwari Cess.—1[             ]
(2) No cess shall be levied on fluctuating  Kahcharai dues.
(3) The Chief Conservator of Forests may authorise payment of remu-
neration to a person appointed to make collections of  fluctuating Kahcharai ;
provided that––
* Now Union territory of Jammu and Kashmir.
1. Sub-section (1) repealed by the Jammu and Kashmir Lambardari Act, 1972 (Act No. X
of 1972) w.e.f. 1-5-1973.
KAHCHARAI ACT, 2011 (1954 A. D.) 1 3
(a) such remuneration shall not exceed Rs. 3/2/-per cent of the actual
collections made ;
(b) no person who is or who has been a Kahcharai officer shall be
appointed to make such collections ;
(c) deductions on account of payment of remuneration are made from
actual collections on spot.
17. Forfeiture of Lambardari cess and fixed demand.— The Lambardari
dues shall be liable to forefeiture under orders of the Collector if the Lambardar
does not realize the fixed demand and credit the same into the Government
treasury along with the land revenue instalment.
CHAPTER V
COLLECTION OF VILLAGE KAHCHARAI AND POWERS OF
REVENUE OFFICERS
18. Collections.––Village Kahcharai shall be collected in accordance with
the procedure laid down for realization of land revenue and its arrears under
the Jammu and Kashmir Land Revenue Act, 1996.
19. Powers  and classes of Revenue officers.––There shall be the same
classes of Revenue officers  under this Act as under the Jammu and Kashmir
Land Revenue Act, 1996, and in the absence of any order of the Government
to the contrary and subject to the provisions of this Act, a Revenue officer of
any class having jurisdiction within any local  limit under that Act shall be a
Revenue officer of the same class having jurisdiction within the same local
limits under this Act.
CHAPTER VI
OFFENCES AND PENALTIES
20. Offences in respect of Kahcharai.—(1) Any person who—
(a) dishonestly has or keeps in posssession animals which are liable
to Kahcharai without payment of the same ; or
(b) dishonstly personates, or gives false information as to his name,
parentage, residence or as to the livestock belonging to himself or
to any person or fraudulently uses or presents false permit ; or
14 KAHCHARAI ACT, 2011 (1954 A. D.)
(c) refuses to give his name or to produce his permit or to correct
information in his possesison required by a Kahcharai officer ; or
(d) brings into the *State any animal, the entry of which within the
*State is prohibited under this Act ; or
(e) conceals any prohibited or taxable animals or otherwise acts
fraudulently with a view to evade  detection of prohibited animals
or payment of Kahcharai leviable on animals belonging to himself
or to any other person ; or
(f) being a nomad grazier fails to get  himself and his  livestock
registered as required  by section 11 ; or  fails to comply with any of
the directions contained in section 12 ;
(g) browses goats in any area closed to browsing under this Act ;
(h) attempts to commit or abets the commission of any act or ommission
in contravention of any of the foregoing clauses ; or
(i) breaks any rule, framed under this Act for each such act or omission ;
shall be liable  to a fine not exceeding Rs. 100 :
Provided that no person shall be liable to be punished for more than one
offence at one time.
(2) The provisions of sub-section (1)  shall apply  to offences in respect
of fluctuating Kahcharai only.
21. Offences by Kahcharai officers.— (1) If any Kahcharai officer or other
person duly employed in the prevention of offences under this Act—
(i) practises or attempts to practise any fraud or does any act for the
purpose of injuring the Kahcharai revenue  or abets or connives at
any such fraud or  any attempt to practise any such fraud or act ; or
(ii) is guilty of a  wilful contravention of any provision of this Act ; or
(iii) requires any place or permises to be searched for taxable or
prohibited animals or requires any person to be arrested, without
* Now Union territory of Jammu and Kashmir.
KAHCHARAI ACT, 2011 (1954 A. D.) 1 5
having reasonable ground to believe that there are taxable or
prohibited animals concealed about such place or premises or that
such person is guilty of an offence under section 17 ; or
(iv) vexatiously and unnecssarily delays forwarding any person arrested
under this Act to nearest concerned authority ; or
(v) wilfully or negligently causes any loss or damage to animals at  any
time while they remain or are lawfully detained at any Kahcharai
post or elsewhere under his charge ;
shall be liable to imprisonment for a term not exceeding 2 years, or to a fine not
exceeding  Rs.1,000 or to both.
(2) The punishment prescribed in sub-section (1) shall be in addition to
any departmental punishment which a competent authority in the case may
deem fit to award.
CHAPTER VII
OFFENCES BY WHOM TRIABLE AND THEIR COMPOUNDING
22. Power to compound offences.— (1) A Kahcharai officer of rank not
lower than that of Forest Ranger or such other person as may be specially
empowered by the Minister-in-charge of the Forest Department in this behalf
may—
(a) compound any offence described in clauses (a) and (b) of section 20
if the accused pays the amount of Kahcharai leviable on the livestocks
in respect of which the offence has been committed together with a
penalty of not less than 25 per cent of such amount ; and
(b) in case of other offences covered by section 20 at an amount not
exceeding rupees twenty-five.
(2) When the offence has been compounded, the accused, if in custody,
shall be discharged, and the property, if any, seized shall be released and no
further proceeding shall be taken against such person.
(3) No offence shall be compounded, if more than 15 days have elapsed
after the accused was arrested by or appeared before the officer competent to
compound the offence.
16 KAHCHARAI ACT, 2011 (1954 A. D.)
(4) If any Kahcharai officer without any reasonable cause refuses to
compound an offence, the suspected  person may, within 15 days of such
refusal by the Kahcharai officer, apply to the next superior Kahcharai officer
for the offence being compounded, and such next superior officer may
compound the offence as provided in sub-section (1) or refuse to compound it.
1 [23.  Omitted.]
CHAPTER VIII
POWERS AND PROCEDURE RELA TING TO OFFENCES
24. Powers to search on reasonable suspicion.—Any Kahcharai officer
may search any place or premises ; provided that such officer has reason to
believe that taxable or prohibited animals are concealed therein :
Provided further  that no dwelling house is searched by an officer lower
in rank than a Forest Ranger.
25. Searches how to be made.––All searches under this Act shall be
made in accordance with the 2[Code of Criminal Procedure, 1973 (2 of 1974)] for
the time being in force in the *State.
26. Arrest of persons reasonably suspected  and further procedure.—
(1)  Any person against whom a reasonable suspicion exists that he has been
guilty of an offence under section 20 may be arrested by any Kahcharai
officer.
(2) If the Kahcharai officer arresting a person under sub-section (1) is
competent to compound offences under section 22, he may proceed to
compound the offence, otherwise he shall forward the accused forthwith to
the nearest officer empowered to compound offences under this Act.
(3) If the Kahcharai officer empowered to  compound offences under this
Act does not  compound  the offences for reason to be recorded in writing or
cannot be found immediately or if the accused refuses to compound it,he shall
call upon him to furnish proper security to appear at such time and place as the
Magistrate competent to try the case may appoint and communicate to him.
(4) If the accused fails to furnish proper security, he shall be forwarded
to the nearest Magistrate who, if he has no jurisdiction to try the case, may
1. Section 23 omitted by Act XL of 1966.
2. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Code of Criminal Procedure”.
* Now Union territory of Jammu and Kashmir.
KAHCHARAI ACT, 2011 (1954 A. D.) 1 7
authorise the detention of the accused in such custody as he thinks fit for a
term  not exceeding 7 days and shall order the accused to be forwarded to the
Magistrate having jurisdiction. If such nearest Magistrate has jurisdiction to
try the case, he shall himself deal with the accused.
(5) No person who has to be forwarded to a   Kahcharai officer under sub-
section (2), or to a nearest Magistrate under sub-section (4), shall be kept in
custody for more than 24 hours, exclusive of the time taken up by the journey
to the nearest Magistrate.
(6) A  Kahcharai officer not below the rank of a Divisional  Forest officer
may, at any time, before judgement is announced, withdraw a case, if—
(a) in a case when offence relates to the evasion of  Kahcharai, the
accused pays such dues together with a penalty of not less than 50
per cent thereof ;
(b) in other case the accused pays a penalty of Rs. 50 in lump sum.
27. Offenders under section 20.—If any person liable to be arrested under
section 26 is not arrested at the time of committing the offence, for which he is
so liable, or after arrest makes his escape, he may at any time afterwards be
arrested and dealt with as if he had been arrested at the time of committing
such offence.
28. Animals on which penalties incurred.—(1) A Kahcharai officer  may
seize any livestock in respect of which any offence has been committed ;
provided that he does not seize more animals than are sufficient to meet the
liability.
(2) When any fee, fine or penalty is liable under this Act, the animals in
respect of which such fees,fine or penalty is liable shall not be removed by the
owner until such fee, fine or penalty is paid .The  Kahcharai officer  shall be
competent to detain such animals until such fee, fine or penalty is paid.
(3) The bringing of animals to the proper place for examination in the
interest of Kahchari revenue in exercise of powers conferred by this Act or by
the rules made thereunder and the removing of such animals to and the placing
of them in the proper place of shelter or otherwise, and their feeding during the
interval of such examination, shall be performed by or at the expense of the
owner.
29. Enforcement of pyment.—If a person fails to pay the Kahcharai dues,
fine or penalty imposed under this Act within fifteen days of their falling due,
18 KAHCHARAI ACT, 2011 (1954 A. D.)
a Kahcharai officer not lower than the rank of a Ranger may realise the same by
sale of animals of the said person to the extent of the amount due. The sale
proceeds shall be utilised to satisy the demand after deducting the expenses of
the sale therefrom.
30. Payment of dues short-levied or erroneously refunded.—When
Kahcharai dues or charges have been short-levied through inadvertance, error,
collusion, mis-calculation or misconstruction on the part of Kacharai officer, or
through mis-statement as to the number of animals on the part of the owner or
when any such dues or charges after having been levied have been, owing to
any such cause erroneously refunded, the person chargeable with  the tax or
charge so short-levied or to whom such refund has erroneously been made,
shall pay the deficiency or repay the  amount paid to him in excess on demand
being made, and the Kahcharai officer shall refuse to pass any animal belonging
to such person until the said deficiency or excess be paid or repaid :
Provided that the demand for such payment or repayment is made within
six months of the date on which the charge was short levied or refund was
erroneously made :
Provided futher that the amount involved is not less than a rupee.
31. Refund of charges erroneously levied or paid.—When Kahcharai
due or charges which has been paid and of which repayment, wholly or in part,
is claimed in consequence of the same having been paid through inadvertance,
error, miscalulation or mis-construction, the claim shall not be entertained unless
it is made within six months from the date of such payment and the amount
involved is not less than a rupee.
32. Application of Criminal Procedure Code.—In the conduct of all
enquiries held into offences under this Act, the provisions of the 1[Code of
Criminal Procedure, 1973 (2 of 1974)] shall apply so far as they are applicable.
CHAPTER IX
MISCELLANEOUS
33. Lambardar or Chowkidar bound to give information of all breaches
under  this Act. —Every Lambardar and Chowkidar shall be bound to give
immediate information to a Kahcharai officer of any breach of the provisions of
this Act which may come to his knowledge and all  Lambardars and Chowkidars
shall be bound to take all reasonable measures in their power to prevent the
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Code of Criminal Procedure”.
KAHCHARAI ACT, 2011 (1954 A. D.) 1 9
commission of any such breach which they may know or have reasons to
believe is likely to be committed.
34. No compensation for loss or damage.—No owner of animals shall be
entitled to claim compensation for any loss or damage occuring to such animals
at any time while they remain or are lawfully detained at any Kahcharai post or
elsewhere under the charge of the  Kahcharai officer.
35. Bar of actions.—(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 lawfully brought against the Government or against any  Kahcharai 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. Powers to make rules.— (1) The Government may make rules for the
purpose of carrying out the provisions of this Act.
(2) In partciular 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.
–––––––
20 KAHCHARAI ACT, 2011 (1954 A. D.)
1[SCHEDULE I]
( See section 4)
S. No.
1.
2.
3.
4.
5.
6.
7.
2[8.
9.
10.
11.
2[12.
13.
Kind of Animal
Pack Bullocks
Teli Bullocks
Buffaloes
Riding Ponies kept for hire
Pack Ponies and mules
Donkeys
Camels
Sheep for Ladakh
Goats imported for com-
mercial purposes
Sheep for rest of the State
Sheep imported for com-
mercial purposes
For Goats in Ladakh
Goats for the rest of the
State.
Rate A
0.29
0.50
1.80
2.50
2.80
0.65
5.00
0.25
---
0.15
0.25
0.10
0.25
Rate B
0.60
1.00
3.15
3.75
2.80
0.65
10.00
0.10
---
0.20
0.30
0.40
0.40
Rate C
0.80
2.00
11.25
7.50
5.00
0.63
15.00
0.50
2.50
0.65
0.20
0.45
0.45
1. Schedule substituted by SRO-147 dated 11th March, 1978.
2. Substituted by SRO-204 dated 23rd May, 1981.
KAHCHARAI ACT, 2011 (1954 A. D.) 2 1
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 and Pack bullocks) ;
(ii)  animals belonging to any department of the Jammu and Kashmir
Government ;
(iii) animals belonging to the 1[Governor] ;
(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  vistors  to  the State,  provided  the
period of stay does not exceeds six months ;
(ii)  riding and pack ponies of  Ladakh and  Bunji  IIIaqa  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.—The Kahcharai levied on such goats  and sheep shall be refundable,
if claimed within 2 months of the date they are taxed at any checking posts on
produciton of a certificate from the Municipality or town area.
1. Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965.
22 KAHCHARAI ACT, 2011 (1954 A. D.)
(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.
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