S.1 Short title, commencement and extent.

       (1) This Act may be called the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968.
       (2) It shall come into force on such [date] as the Government Gazette, appoint.
       (3) It extends to the whole of the State.

S.2 Definitions.

       In this Act unless the context otherwise requires,-
       (a) "award" means any award of an arbitrator made under section 8;
       (b) "competent authority" means any person or authority authorised by the Government by notification in the Government Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification;
       (c) "Landlord" means any person who for the time being is receiving, or is entitled to receive the rent of any premises, whether on his own account, or on account, or on behalf or for the benefit, of any other person or a trustee, guardian or receiver for any other person, or who would so receive the rent or be entitled to receive the rent if the premises were let to a tenant;
       (d) the ex

S.3 Power to requisition immovable property.

       (1) Where the Government is of the opinion that any property is needed or likely to be needed for any public purpose, being a purpose of the State, it may by an order notify that the property should be requisitioned :
       Provided that no property or part thereof-
       (a) which is bona fide used by the owner thereof as the residence of himself or his family, or
       (b) which is exclusively used either for religious worship by the public or as school, hospital, public library or an orphanage or for the purpose of accommodation of persons connected with the management of such place of worship or such school, hospital, library or orphanage, shall be notified to be requisitioned.
       (2) Upon such declaration the competent authority-
     &n

S.4 Power to take possession of requisitioned property.

       (1) Where any property has been requisitioned under section 3, the competent authority may, by notice in writing, order the owner as well as any other person who may be in necessary of the property to surrender or deliver possession thereof to the competent authority person duly authorised by it in this behalf within thirty days of the service of the notice.
       (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may take possession of the property and may, for that purpose, use such force as may be necessary.

S.5 Rights over requisitioned property.

Where any premises are requisitioned under section 3 or section 21, the competent authority may order the Landlord to execute such repairs as may be necessary and are usually made by the Landlords in that locality and as may be specified in the notice, within such, reasonable time as maybe mentioned therein and if the Landlord fails to execute any repairs in pursuance of such order, the competent authority may cause the repairs specified in the order to be executed at the expense of the Landlord and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the Landlord.

S.6 Release from requisitioning.

       (1) Subject to the approval of the Government the competent authority may at any time release from requisition any property requisitioned under this Act and shall, as far as possible, restore the property in as good a condition as it was when possession thereof was taken subject only to the changed caused by reasonable wear and tear and irresistible force:
       Provided that where the purposes for which any requisitioned property was being used cease to exist, the property shall, unless it is acquired under section 7, be released, as soon as may be from requisition.
       (2) Where any property is to be released from requisition, the competent authority may, after such enquiry, if any, as it may in any case consider necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given and su

S.7 Power to acquire requisitioned property.

       (1) Where any property is subject to requisition, the Government may, if it is of opinion that it is necessary to acquire the property for a public purpose, at any time acquire such property by publishing in the Government Gazette a notice to the effect that the Government has decided to acquire the property in pursuance of this section :
       Provided that before issuing such notice the Government shall call upon the owner of, or any other person who, in the opinion of the Government may be interested in such property to show cause why the property should not be acquired; and after considering the cause, if any, shown by any person interested in the property and after giving the parties an opportunity of being heard, the Government may pass such orders as it deems fit.
       (2) When a notice as aforesaid is published in the Government Gazette, th

S.8 Principals and methods of determining compensation.

       (1) Where any property is requisitioned or acquired under this Act, there shall be given compensation which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say:-
       (a) where the compensation can be fixed by agreement, it shall be given in accordance with such agreement;
       (b) where no such agreement can be reached, the Government shall appoint as arbitrator a person, who is a District Judge or Additional District Judge;
       (c) the Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property requisitioned or acquired to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate as assessor for the same purpose ;
     &nbs

S.9 Payment of compensation.

The amount of compensation under an award shall, subject to any rules made under this Act, be paid or given by the competent authority to the person or persons entitled thereto in such manner and within such time as may be specified in the award.

S.10 Appeals form awards in respect of compensation.

       Any person aggrieved by an award of the arbitrator make under section 8 may, within thirty days from the date of such award, prefer an appeal to the High Court:
       Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the applicant was presented by sufficient cause from filing the appeal in time.

S.11 Competent authority and arbitrator to have certain powers of civil courts.

       The competent authority and the arbitrator appointed under section 8 while holding an inquiry or as the case may be, arbitration proceedings under this Act, shall have all powers of the civil court, while trying a suit, under the Code of Civil Procedure, 1977, in respect of the following matters, namely -
       (a) summoning and enforcing the attendance of any person and examining him on oath
       (b) requiring the discovery and production of any documents ;
       (c) reception of evidence on affidavits;
       (d) requisitioning any public record from any court, or office;
       (e) issuing commissions for examination of witnesses.

S.12 Power to obtain information.

The Government or the competent authority may, with a view to carry out the purposes of section 3 or section 21 or section 6 or section 7 or section 8, by order require any person to furnish to such office, as may be specified in the order, such information in his possession as may be specified relating to any property which is requisitioned or acquired, or intended to be requisitioned or acquired, under this Act.

S.13 Power to enter and inspect.

The competent authority, or any officer, empowered in "this behalf by such authority by general or special order, may enter and inspect any property for the purposes of determining whether, and if so, in what manner an order under this Act should be made in relation to such property or with a view to securing compliance with an order made under this Act.

S.14 Service of notice and orders.

       (1) Subject to the provisions of this section and any rules that may be made under this Act, every notice or order issued or made under this Act shall-
       (a) in the case of any notice or order of general nature or affecting a class of persons, be published in the Government Gazette; and
       (b) in the case of any notice or order affecting an individual, corporation or firm, be served in the manner provided for the service of summons in Rule 2, order XXIX or Rule 3 or Order XXX as the case may be, in the First Schedule of the Code of Civil Procedure, 1977 (Act X of 1977); and
       (c) in the case of any notice or order affecting an individual person (not being a corporation or firm), be served on such person-
       (i) by delivering or tendering it to that person ; o

S.15 Easement not to be disturbed.

No person interested in any property requisitioned or acquired under this Act shall, without the previous written consent of the competent authority or except for the purposes of effecting repairs or complying with a municipal requirement, wilfully disturb any convenience or easement attached to such property or remove, destroy or render unserviceable anything provided for permanent use therewith or discontinue or cause to be discontinued any supply or service provided for the property.

S.16 Delegation of powers.

The Governments may, by notification in the Government Gazette, direct that the powers exercisable by it or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercisable also by an officer subordinate to the Government.

S.17 Protection of action taken in good faith.

       (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act, or any order made thereunder.
       (2) No suit, or other legal proceeding shall lie against the Government or the competent authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

S.18 Bar of jurisdiction of civil courts.

       Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respect of any matter which the competent authority or arbitrator is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

S.19 Penalty for offences.

Whoever contravenes any provision of this Act, or any rule made thereunder or any order made or direction given under this Act, or obstructs the lawful exercise of any power conferred by or under this Act, shall be punishable with fine which may extend to one thousand rupees.

S.20 Certain persons to be public servants.

The competent authority, every arbitrator and every officer empowered by the Government or the competent authority, while exercising any power or performing any duty under this Act shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Code 1989.

S.21 Requisitioning of property at the instance of the Union.

       (1) Where any immovable property situate in the State is required by the Union Government in connection with the purposes of the Union and a requisition is that behalf is received by the Government, the Government shall notify that such property be requisitioned.
       (2) Upon such notification the provision of the Act shall apply in the same manner as they apply in respect of the property requisitioned for the purpose of the State.
       (3) The expenditure, if any, incurred by the Government in this behalf, shall be borne by the Union Government.

S.22 Power to make rules.

       (1) The Government may, by notification in the Government Gazette, make rules for carrying out the purpose of this Act.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
       (a) the procedure to be followed by the competent authority in making inquires under section 3 or section 7;
       (b) the procedure to be followed in arbitration proceeding and appeals under this Act ;
       (c) the principles to be followed in determining the compensation and methods of rendition of such compensation;
       (d) the principles to be followed in apportioning the cast of proceedings before the arbitrator and on appeal under this Act;

S.23 Validation of certain requisitions and acquisitions.

       (1) All immovable property which purports to have been requisitioned by the Government for any purpose of the State or of the Union under any law in force prior in the commencement of this Act, and which immediately before such commencement was used or occupied by the State Government or by the Union Government or by an officer or authority subordinate to the State Government as the case may be, shall, as from the commencement of this Act, be deemed to be property duly requisitioned respectively, under section 3 or section 21 of this Act, and every such requisition shall, not withstanding any judgement, decree or order of any court, be deemed always to have been valid as if this Act had been in force on and from the date of the requisition and the requisition had been duly made under this Act, and all the provisions of this Act shall apply accordingly:
       Provided that all agreements

S.24 Power to recover rent of damages in respect of requisitioned property as arrears of land revenue.

       (1) Subject to any rules that may be made in this behalf by the Government, any sum due by way of rent in respect of any requisitioned property which is in arrear may be recovered by the competent authority from the person liable to pay the same in the same manner as an arrear of land revenue.
       (2) Where any person is an unauthorised occupation of any requisitioned property, the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the said property as it thinks fit and may, by notice served by post or in such other manner, as may be prescribed by rule made in this behalf, order that person to pay the damages within such time as may be specified in this notice.
       (3) If any person refuses or fails to pay the damages within the time specified in the notice under sub-section (2), the da

S.25 Act to over-ride other Laws.

The provision of this Act and of the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in the State Land Acquisition Act, 1990, or and other law for the time being in force or in any instrument having effect by virtue of any such law.

S.26 .

Omitted