90. Recovery of certain arrears through Revenue officer instead of by suit.––
An officer whose duty it is under any law or rule having the force of law to realize a sum of money and the same is lawfully recoverable as an arrear of land revenue may request an Assistant Collector of the first class under whose jurisdiction the person from whom it is recoverable resides or holds any property to realize the same as arrear of land revenue. With such request such officer shall forward to the Assistant Collector a certificate showing the correct amount due up to the date of such certificate :
2 [Provided that the period of limitation for making request before the competent revenue authority for realising sums recoverable as arrears of land revenue under this Chapter shall be the same as is prescribed for suits by or on behalf of the 3 [Union territory of Jammu and Kashmir] under the *{Limitation Act, Samvat 1995}.]
The person from whom the money is so recovered may, if he denies his liability, sue the Government to recover the same.
2. Substituted by Act XXVIII or 1974, s. 2.
3. Substituted by S.O. 3808(E) dated 26.10.2020 for “State”.
* Now Limitation Act, 1963.
91. Other sums recoverable as arrears of land revenue.––
In addition to any sums recoverable as arrears of land revenue under this Act or any other enactment for the time being in force, the following sums may be so recovered, namely:—
(a) fees, fines, costs and other charges, including rates and cesses, payable under this Act ;
(b) revenue due to the Government on account of pasture or other natural products of land, or on account of mills, fisheries or natural products of water or on account of other rights described in section 35 or section 39 in cases in which the revenue so due has not been included in the assessment of an estate ;
(c) sums leviable by or under the authority of the Government 1 [x x x] as water rates, or on account of the maintenance or management of canals, embankments or other irrigation works, not being sums recoverable as arrears of land revenue under any enactment for the time being in force ;
2 [(cc) sums granted on loan by the Government for advanced studies or for undergoing advanced or special training in India or abroad including interest or penalty, if any, chargeable thereon ;
3 [(ccc) loan advanced by the Government to a person who has suffered on account of fire, flood, earthquake or a calamity of like nature ;]
4 [(cccc) sums advanced in pursuance of Cabinet Order No. 1547-C of 1953 dated 15th December, 1953, as loan by the Government to craftsmen, artisans and petty traders with a view to their rehabilitation in such craft, art or trade ;]
(d) sums payable to the Government 5 [x x x x] by a person who is surety for the payment of any of the foregoing sums or of any other sums recoverable as an arrear of land revenue ;
(e) with the previous sanction of the Government sums due to the postal Department, the Dharmarth Department ; 6 [x x x]
1 [(ee) sums recoverable by the Food and Supplies Department on account of purchase, sale, transportation, milling, husking, storage or transit shortages of food grains and other essential commodities including the cost of gunny bags or any other type of containers of such food grains and essential commodities] ;
2 [(f) sums recoverable by Government as arrears of customs import and export duties ;]
3 [(g) sums due to the Agriculture Department on account of produce of agricultural crops including fruits, fruit contracts or supply of chemical fertilizers ;]
4 [(h) sums advanced as loan by Government for construction and repair of house or petty trades ;]
5 [(i) sums including interest, if any, due thereon, granted under National Loan Scholarships Scheme of the Government of India ;]
6 [(j) sums advanced as loan by the Industries Department under a Scheme relating to Intensive Development of Rural Industries ;
(k) sums recoverable by the Government under the Rules for the grant of subsidy to persons belonging to Schedule Castes and other Backward Classes for constructions and repairs of houses sanctioned vide Government Order No. SW-125 of 1966 dated 24-3-1966 ;]
7 [(l) sums recoverable as arrears of land revenue and collected by a public servant ;
8 [(m) sums due to Horticulture Department on account of sale of Horticultural Produce, fruit plants, fertilizers, pesticides and sums recoverable by the Government under fruit contracts or under long term loans advanced for establishment of new orchards ;
(n) sums recoverable as cost of quarters/plots from persons displaced from border areas as also from areas in Pak occupied Kashmir, when these become due ;]
1 [(o) sums recoverable as premium on Nazool or Evacuee’s Land under Government Order No. REV. (NDJ) 465 of 1972 dated 26th May, 1972 ;
(p) sums payable to the Government under Self-Employment Programme ;]
2 [(q) compensation for land acquired by 3 [Union territory of Jammu and Kashmir] under any law, received by any person not entitled to it ;]
4 [(r) all sums payable to the Government, which the Government may from time to time by notification in the 5 [Official Gazette], declare to be recoverable as arrears of land revenue ;
6 [(s) sums advanced by a Bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934, having an office for transacting the business of Banking in the 3 [Union territory of Jammu and Kashmir], or by the Jammu and Kashmir State Financial Corporation established under the Jammu and Kashmir State Financial Corporation Act, 1951, —
(i) for the development of Agriculture or Horticulture Industry including fisheries, poultries, sheep and allied programme of Agriculture or Horticulture Development ;
(ii) to industries, handicrafts, handlooms, artisans, small business, small loans to professionals and self-employed persons ;
(iii) under Integrated Rural Development Programme and 20- Point Economic Programme ;
which the Government may from time to time by notification in the 5 [Official Gazette], declare to be recoverable as arrears of land revenue :
Provided that no such sum shall be so declared unless determined by such authority as the Government may from time to time notify in this behalf :
1 [Provided further that two per cent of the amount recovered shall be paid by a Bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934 or by the Jammu and Kashmir State Financial Corporation, as the case may be, to the Government on account of service charges for the recoveries affected.
2 [Explanation.––
For purposes of the clause—
(i) any reference in section 90 of this Act to an officer shall, unless the context otherwise requires, be construed as a reference to a Bank for the time being included in the second schedule of the Reserve Bank of India Act, 1934 or the Jammu and Kashmir State Financial Corporation, as the case may be ; and
(ii) “allied programmes of agriculture or horticulture development means making land fit for cultivation, cultivation of land, improvement of land by levelling, bunding or adopting other means of reclamation or soil conservation, development of the sources of irrigation viz. digging of khuls (minor canals), lining of water courses, digging of wells, boring of tube-wells, installation of diesel engines or electrification of tube-wells, purchase of pumping sets, spray and sprinkler equipment, laying of water pipes, raising and harvesting of seasonal crops and other products, farm mechanisation like purchase of tractors, hand tillers, power tillers thrashers, tractor trollies, cane crushers, establishment, development, maintenance and expansion of horticulture, forestry, cattle breeding, seed farming and such other activities as are generally carried on by agriculturists, dairy farmers, cattle breeders poultry farmery and other categories of persons engaged in similar activities including marketing of agricultural products, their storage and transport and the acquisition of implements and machinery in connection with any such activity, purchase of pack animals like mules, horses, camels, bullocks, oxen, donkeys and purchase of bullock carts, horse carts, camel carts or any other like purpose ;
(t) sums advanced as loan by the Jammu and Kashmir Rajya Sainik Board to ex-serviceman ;
1 [(u) sums granted by the Central Government as relief and rehabiliation assistance to person displaced from Chhamb Niabat area in 1971, received by a person entitle to it ;
2 [(v) Sums advanced as loans to the Khadi institutions operating in the 3 [Union territory of Jammu and Kashmir] by the Khadi and Village Industries Commission.]
1. Word “or His Highness the Maharaja Bahadur” omitted by Act X of Samvat 2010.
2. Clause (cc) substituted by Act IX of 1970.
3. Clause (ccc) inserted by Act X of Samvat 2011 w.e.f 11th Chet 2010.
4. Clause (cccc) inserted ibid.
5. Words “or Highness the Maharaja Bahadur” omitted by Act X of Samvat 2010.
6. Words “the Private Department of His Highness the Maharaja Bahadur or the Poonch Illaqa” omitted by Act X of Samvat 2010.
1. Clause (ee) substituted by Act XXVII of 1973, s. 2.
2. Clause (f) inserted by Act XII of Samvat 2011.
3. Clause (g) inserted by Act XXVIII of 1956.
4. Clause (h) substituted by Act XVI of 1966.
5. Clause (i) inserted by Act XIX of 1968.
6. Clauses (j) and (k) Added by Act III of 1969.
7. Clauses (l), (m) and (n) added by Act XV of 1972.
8. Clause (m) substituted by Act XVI of 1973, s. 4.
1. Clauses (o) and (p) inserted by Act XXVIII of 1973, s. 2.
2. Clause (q) added ibid.
3. Substituted by S.O. 3808(E) dated 26.10.2020 for “State”.
4. Clause (r) added by Act XII of 1976, s. 2.
5. Substituted by S.O. 3808(E) dated 26.10.2020 for “State”.
6. Clause (s) and proviso substituted by Act IX of 1984, s. 2.
1. Substituted by Act XVIII of 1981, s. 2.
2. Inserted ibid.
1. Inserted by Act XVIII of 1981, s. 2. .
2. Inserted by Act VIII of 1999, s. 2.
3. Substituted by S.O. 3808(E) dated 26.10.2020 for “State”
92. Application of Chapter VII to sums recoverable under this Chapter.––
The provisions of Chapter VII shall, with respect to any sum mentioned or referred to in this Chapter, apply, so far as they can be made applicable, as if the sum were an arrear of land revenue and the person from whom, either as principal or as surety, it is due, were a defaulter in respect of such an arrear.
4 [x x x x]
4. Sub-section (2) deleted by Act X of 2005, s.13.
92-A. Recovery of certain arrear through Revenue officer instead of by suit.––
When a village officer required by rules under section 20 to collect any 5 [x x x] sum recoverable as an arrear of land revenue satisfies a Revenue officer that the 6 [x x x] sum has fallen due and has not been paid to him, the Revenue officer may, subject to any rules which the Government may make in this behalf recover it as if it were an arrear of land revenue.
5. The words “land revenue or” deleted ibid, s.14.
6. The words “revenue or” deleted ibid.
