Keywords : Lambardars, Recovery of Public Demand, Renumeration, Percentage of recovery of land revenue, Sum recovered

LAMBARDARI ACT, 1972
(Act No. X of 1972)
LAMBARDARI ACT, 1972 93
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 LambarDars 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    Note :— The Act was repealed by the Jammu and Kashmir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).
    ————
    LAMBARDARI ACT, 1972 95
    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 :––
  4. Short title, extent and commencement.––(1) This Act may be called
    the Jammu and Kashmir Lambardari Act, 1972.
    (2) It extends to the 1
    [whole of the Union territory of Jammu and Kashmir].
    2
    [(3) It shall come into force on such date as the 3
    [Government of the
    Union territory of Jammu and Kashmir] may, by notification in the *[Government Gazette], appoint.]
  5. 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, 4
    [or such amount] as
    the 3
    [Government of the Union territory of Jammu and Kashmir] may by rules
    prescribe.
  6. 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 3
    [Government of the Union territory of Jammu and Kashmir] may by rules precribe.
  7. Substituted by S.O. 1229 (E) dated 31.03.2020 for “whole of the State”.
  8. Enforced by SRO 188 of 1973 w.e.f 1-5-1973.
  9. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
  10. Inserted by Act No. XXXVIII of 1978, s. 2.
    96 LAMBARDARI ACT, 1972
  11. 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.
  12. 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.
  13. Power to make rules. ––(1) The 1
    [Government of the Union territory of
    Jammu and Kashmir] 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.
  14. 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 (including 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.
    –––––––
  15. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.