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Act No. 23 of 1958
7th November, 1958
An Act to make better provisions for the Administration of Village Panchayats in the Jammu and Kashmir state.
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(1) This Act may be called the Jammu and Kashmir Village Panchayat Act, 1958.
(2) It shall extend to the whole of the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint in this behalf.
(1) In this Act, unless there is anything repugnant in the subject or context,--
The provisions of this Act have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law.
(1) The Government may, by notification in the Gazette, establish Panchayat for every village or group of villages and define the territorial jurisdiction thereof.
(2) The Government may at any time, by a notification in the Gazette, (either of its own motion or on the motion of a Panchayat or of the residents of any village), include any area in, or exclude any area from, the jurisdiction of a Panchayat and make such incidental or consequential order as may be necessary for effecting the change.
(3) Where by notification under sub-section (2) any area is included in the jurisdiction of a Panchayat, such area shall thereby become subject to all notifications, rules, regulations, bye-laws and orders made under this Act or any other enactment in force in the area within the jurisdiction of the aforesaid Panchayat.
(1) Every Panchayat shall consist of such number of Panches not less than seven and not more than eleven as the prescribed authority may, from time to time, fix in this behalf.
(2) Such number of Panches of a Panchayat as the prescribed authority may determine shall be elected in the prescribed manner and the rest shall be nominated :
Provided that the majority of the Panches shall be elected :
Provided further that all the members of the Panchayat shall be elected if the prescribed authority so directs by notification.
The term of office of the every Panch shall be five years from the date of the constitution of the Panchayat:
Provided that the Government may, by notification extend the term of office of a Panch by such further period not exceeding six months, as it may deem fit.
Every person ordinarily resident within the Panchayat area who is not of unsound mind and has completed twenty-first year of his age shall be entitled to vote in any election of the Panchayat.
Explanation.--A person shall be deemed to be ordinarily resident in a Panchayat area if he has been ordinarily residing in such area for a period of six months.
(1) A person shall be disqualified for being chosen as or for being a member of a Panchayat if he--
(1) Subject to the rules made in this behalf, every Panchayat shall elect one of its Panches to be its Sarpanch. The term of office of the Sarpanch shall be the same as that of a Panch unless he dies, resigns or is removed earlier.
(2) The Sarpanch shall be the Chairman of the Panchayat and shall be assigned such power and functions as may be prescribed.
(3) The Naib-Sarpanch of the Panchayat shall be elected by the Panchayat from amongst its members in such manner as may be prescribed and such Naib-Sarpanch shall during the absence of the Sarpanch discharge all the duties of the Sarpanch.
(4) The term of office of Naib-Sarpanch shall be the same as that of a Panch unless he dies, resigns or is removed earlier.
(5) If the Panches of a Panchayat fail to elect Sarpanch or Naib-Sarpanch in accordance with the provisions of this section, the prescribed authority shall appoint a person to the vacancy till such vacancy is filled up by election within a period
Any Panch, Sarpanch or Naib-Sarpanch shall be liable to removal from the Panchayat by the prescribed authority on any of the following grounds:
Provided that absence from Panchayat area or failure to attend the meetings of the Panchayat as prescribed by clauses (d) and (e) shall not render him liable to removal if such absence or failure is due to reasons beyond his control.
(1) Whenever a vacancy occurs by the death, resignation or removal of a Panch, a new Panch shall be elected or nominated, as the case may be, in such manner as may be prescribed and the person so elected or nominated shall fill such vacancy for the unexpired term for which such Panch would otherwise have continued in office.
(2) No vacancy in the Panchayat shall render its proceedings illegal so long as the number of Panches is not reduced below six.
(3) Before removal of the Panch on any of the grounds hereinbefore provided, the prescribed authority shall give notice to such Panch and call upon him to show cause why he should not be removed and shall give him adequate opportunity to be heard.
(1) If in the opinion of the Government a Panchayat is incompetent to perform or persistently makes default in the performance of duties imposed on it by or under this or any other Act or exceeds or abuses its power or should there be any other reason which in the opinion of the Government necessitates the suspension or abolition of a Panchayat, the Government may by notification suspend, supersede or dissolve the Panchayat:
Provided that no order under this section shall be passed unless the Panchayat is called upon to show cause why such an order shall not be passed.
(2) When an order under sub-section (1) is passed, the Government may, by order in writing, make arrangements for carrying out the work of the Panchayat for such period as it may specify but not exceeding six months.
(3) On the suspension, supersession or dissolution of a Panchayat, under sub-section (1) the following consequences shall ensue:--
Any order passed under section 10 or section 12 shall be final:
Provided that a Panch or a Sarpanch or Naib-Sarpanch removed from a Panchayat shall have the right of appeal to such authority as the Government may prescribe.
If the whole of the area of a Panchayat is included in a Municipality, Cantonment, Notified Area or Town Area, the Panchayat shall cease and its assets and liabilities shall be disposed of in the manner prescribed. If a part of such area is so included, its jurisdiction shall be reduced by that part.
(1) The prescribed authority shall cause to be prepared a register to be known as the 'electoral roll' in the form prescribed, of all persons who are qualified to vote under section 7 of this Act. The electoral roll of a Panchayat shall be divided into separate parts for each ward or constituency as determined by the prescribed authority:
Provided that the Government may direct that instead of preparing a separate register of voters, the electoral roll of the Jammu and Kashmir Legislative Assembly for the time being in force on such day as the Government may general or special order notify in this behalf for such part of the constituency of the Assembly as it included in a ward or a village shall be the list of voters for such wards or village.
(2) The register shall be prepared and published and shall be revised at such time by such authority and in such manner as may be prescribed.
The Panchayat shall sit at such place or places within the limits of its jurisdiction as may from time to time be fixed by the prescribed authority.
The meetings of the Panchayat shall be public and shall be held at least once a month:
Provided that the Sarpanch when required in writing by majority of Panches to call a meeting shall do so within three days.
(1) The quorum for a special meeting of the Panchayat shall be one half and for an ordinary meeting one-third of the total number of members of the Panchayat:
Provided, however, that the quorum for a meeting adjourned for want of quorum shall be one-fourth of the total number of the members of the Panchayat.
(2) The decision of the majority at any meeting shall be binding in all matters and when the voting in equal the Chairman shall have an additional or casting vote.
At every meeting of a Panchayat the Sarpanch, if present, or in his absence or during the vacancy of his office, the Naib-Sarpanch, and if there be no Sarpanch or Naib-Sarpanch present, then such Panch as the Panches present may elect, shall preside as Chairman. The Chairman shall preserve order and decide all points of order arising out or in connection with meetings. There shall be no discussion on any point of order and decision of the Chairman on any point of order shall save as otherwise expressly provided in this Act, be final.
The Panchayat shall maintain summary records and registers of its proceedings in the prescribed form.
If in establishing a Panchayat on the working of a Panchayat any dispute or difficulty arises regarding the interpretation of any provision of this Act or any rules made thereunder or any matter arising out of or relating to such interpretation or any matter not provided in this Act, the same shall be referred to the Government whose decision thereon shall be final and conclusive.
If any dispute arises between two or more than two Panchayats, it shall be referred to the prescribed authority whose decision shall be final, and shall not be questioned in any court of law.
(1) The election of a person as Sarpanch, Naib-Sarpanch, Panch of a Panchayat or as a member of Block Panchayat Board or a member of Panchayati Adalat constituted under this Act, shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground that--
(2) The following shall be deemed to be corrupt practices of bribery or undue influence for the purpose of this Act :--
A. Bribery, that is to say, any gift, offer or promise by a candidate or by any other
(1) Every member of Panchayat or a member of a Block Panchayat Board shall, before entering upon his duties, make and subscribe before such authority as may be prescribed an oath or affirmation in the form to be prescribed.
(2) Any member who declines or otherwise refuses to make and subscribe an oath or affirmation as aforesaid shall be deemed to have vacated the office forthwith.
A Sarpanch, Naib-Sarpanch, a member of a Panchayat or a member of Block Panchayat Board may, by writing under his hand addressed to such authority as may be prescribed, resign his office and his office shall thereupon become vacant.
No Civil Court shall have jurisdiction to question the legality of any action taken or any decision given by an officer or authority appointed under this Act, in connection with the conduct of elections thereunder.
The Panchayat may, at a meeting specially convened for the purpose and of which at least fifteen days previous notice shall be given, by a resolution of no-confidence supported at least by a majority of two-third of the members present and voting, remove the Sarpanch or Naib-Sarpanch. The procedure to be followed at the meeting shall be such as may be prescribed.
Subject to such rules as may be prescribed, it shall be the duty of the Panchayat within the limits of its funds to make arrangements for carrying out the requirements of the Panchayat area in respect of the following matters :--
A Panchayat may make provision for :--
Subject to the instructions issued by the Government under any Act or rules made thereunder, it shall be the duty of the Panchayat to develop and bring under cultivation all the cultivable land situated within its area and to see that no cultivable land in the Panchayat area remains fallow or undeveloped:
Provided that nothing contained in this section shall authorise the Panchayat to bring under cultivation lands like Kahcharai, burial or cremation grounds, village roads and other lands that are not open for cultivation under any law for the time being in force:
Provided also that no order under this section shall be issued by the Panchayat in respect of any area of land that the Government by notification declare reserved for specific purposes.
Subject to such bye laws as may be sanctioned by the prescribed authority, the Panchayat shall regulate the construction of the new buildings or the extension or alteration of any existing building within the Panchayat area. The Panchayat may order the alteration or demolition of the building which has been erected or re-erected without the sanction of the Panchayat or against the general scheme sanctioned by the Government restricting the erection or re-erection of building or any class of buildings.
For the improvement of sanitation, a Panchayat may, by notice, direct the owner of occupier of any land or building taking into consideration his financial position and giving him reasonable time for compliance thereof.--
(1) The Panchayat may construct or provide and maintain public landing places, halting place and vehicle stands and may levy fees for the use of the same.
(2) No private person shall provide a new vehicle stand or maintain an existing vehicle stand within the Panchayat area unless he obtains from the Panchayat a licence to do so.
(1) A Panchayat may provide a place or places for use as a public slaughter house and may charge fees for the use of the same.
(2) The Panchayat may prohibit the slaughter of animals for sale in any place in the village except in a public slaughter house provided by the Panchayat.
(1) The Sarpanch of a Panchayat or any person authorised by him in this behalf may examine and test the weights and measures in markets and shops in the Panchayat with a view to the prevention and punishment of offences relating to such weights and measures under sections 264 and 265 of Ranbir Penal Code and shall seize such weights and measures if he has reason to believe them to be false.
(2) After seizure the Panchayat shall report the matter to the nearest Magistrate having jurisdiction in the Panchayat area for such action as may be necessary under law.
A Panchayat may, by notice in writing specifying a reasonable period,--
A Panchayat may make any representation to Block Panchayat Board concerning the welfare of the persons residing within the Panchayat.
Every Panchayat shall call a general meeting of its voters at least once in a year in the prescribed manner for the purposes of discussing its budget and the programme of the work proposed for the year following and they other matter of public importance which may be brought before it by any member of the Panchayat or a voter.
A Panchayat may enter into a contract in accordance with such rules as may be made under this Act in respect of any area within its jurisdiction with the Government or any local authority for carrying out any work on such terms as may be agreed upon by the parties thereto.
(1) Subject to such rules as may be prescribed, two or more Panchayats may combine by means of a written instrument to appoint a joint committee consisting of their representatives, for the purpose of transacting any business in which they are jointly interested and may--
(2) If any difference of opinion arises, between the Panchayats acting under this section, it shall be referred to the prescribed authority whose decision thereon shall be final.
With the approval of the prescribed authority, a Panchayat may delegate to any of its members, or a committee composed of its members, or any other officer, any of its powers, except judicial powers, or any function relating to a particular branch of the administration or may appoint any member of any such committee to enquire into or report on any matter within its jurisdiction.
The Government may, in accordance with rules made under section 119, call upon a Panchayat to assist officers of the Government in the performance of their duties within the Panchayat area and such assistance as may be in its power shall be rendered by the Panchayat.
A member of a Panchayat may, at any meeting, move any resolution and put question to the Sarpanch or Naib-Sarpanch on matters connected with the administration of the Panchayat in the manner prescribed.
(1) A Panchayat may appoint such staff (other than the Secretary) as may from time to time be necessary:
Provided that it shall not create any post not already provided for in the budget except with the previous approval of the prescribed authority.
(2) Two or more Panchayats may, subject to such rules as may be prescribed, and shall, if so required by any authority empowered in this behalf by rules, appoint the same officer or servant to exercise or discharge any powers or duties of a similar nature for both or all of them.
(3) The power to appoint, punish, discharge, dismiss or control an officer or servant of the Panchayat other than a Secretary shall vest in the Panchayat, but the Panchayat may delegate to such officer, subject to such conditions and restrictions as may be prescribed, the power to impose any punishment other than discharge or dismissal.
(4) An appeal from an order punishing, discharging or dismissing a servant shall lie--
(1) Subject to such directions including directions regarding payment from the Panchayat fund, allowance and other dues as the Government may give, there shall be appointed by such authority as may be prescribed a Secretary for every Panchayat or a group of Panchayats.
(2) The Secretary shall in the matter of leave, promotion, transfer, dismissal, removal and other disciplinary action, be under the administrative control of the prescribed authority which shall exercise its powers and functions in the manner prescribed:
Provided that an order of the prescribed authority removing or dismissing a Secretary shall be appealable within a period and in the manner to the prescribed in this behalf to such authority as the Government may prescribe.
(1) Every Panchayat shall be a body corporate by the name of "the Panchayat of" and shall have perpetual succession and a common seal and may sue and be sued in its corporate name and shall be competent to acquire and hold property, both movable and immovable, whether within or without the limits of the area over which it has authority, to lease, sell or otherwise transfer movable or immovable property which may become vested in or be acquired by it and to contract and do all other things necessary for the purposes of this Act.
(2) The following shall constitute the property of a Panchayat :--
Any property or income which by custom belongs to or has been administered for the benefit of, the villagers in common, or the holders in common of village land generally or of lands of a particular description or of lands under a particular source of irrigation shall vest in the Panchayat and be administered by it for the benefit of the villagers or holders aforesaid.
A Panchayat may accept donations for, or trusts relating exclusively to the furtherance of any public purpose to which its funds may be applied.
Notwithstanding anything contained in this Act or in any other law for the time being in force, all undemarcated or Berun Line Forests in any village shall vest in the Forest Department.
(1) Where any dispute arises as regards the ownership of any property mentioned in section 45 between a Panchayat and any person, the prescribed authority shall give such person a reasonable opportunity of being heard and then decide whether to treat the said property as the property of the Panchayat.
(2) Nothing in sub-section (1) shall debar any person aggrieved by an order of the prescribed authority to establish his claim in a Civil Court.
Where a Panchayat or a joint committee require any land to carry out any purpose of this Act, it or they shall try to have the land by private negotiation and if the parties concerned fails to arrive at an agreement, such Panchayat or joint committee may make an application in the prescribed form to the Collector to acquire the land and the Collector may acquire such land for such Panchayat or the joint committee under the provisions of the Land Acquisition Act for the time being in force and on payment of the compensation awarded under the said Act in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the Panchayat or joint committee.
Every Panchayat shall have a fund to be called the Panchayat Fund which shall be administered by the Panchayat subject to rules made by the Government and shall be utilized for meeting necessary expenditure and charges made and incurred in connection with performance of its duties and functions under this Act.
The following receipts and moneys shall be credited to the Panchayat Fund :--
With the sanction of the Government and subject to such conditions as may be prescribed, a Panchayat may borrow money from the Government, a Co-operative Society or a Scheduled Bank or any other Panchayat to carry out any of the purposes of this Act.
Subject to such rules as may be made by the Government in this behalf, a Panchayat may impose one or more of the under-mentioned taxes and fees :--
(1) A Panchayat may at a special meeting pass a resolution proposing the imposition of any tax or fee under section 54.
(2) When such a resolution has been passed, the Panchayat shall publish a notice in the Gazette and display it in a conspicuous place or places in the Panchayat area defining the class of person or description of property proposed to be taxed, the amount or rate of the tax or fee to be imposed and the system of assessment to be adopted.
(3) Any inhabitant objecting to the proposed tax or fee may, within thirty days from the publication of the said notice, submit his objection in writing to the Panchayat and the Panchayat shall at a special meeting take his objection into consideration.
(4) If the Panchayat decides to amend its proposals or any of them, it shall publish its amended proposals together with a notice indicating that they are in modification of those previously published for inviting objections.
(5) If no objection to the pr
The Dharat Tax already levied by the Panchayats of Pouni Block, Pouni and Chenani Block, Chenani in District Udhampur at villages Pouni Tehsil Riasi, Kud and Chenani, Tehsil Udhampur, respectively, shall be deemed to have been imposed under the provisions of this Act.
If in the opinion of the Government the regular income of a Panchayat falls below what is necessary for the proper discharge of the duties specified in sections 27 and 28, the Government may require the Panchayat to take steps, within six months, to increase its income to such extent as the Government consideres necessary. If the Panchayat fails to take adequate steps to increase its income to the required extent, the Government may require the prescribed authority to levy or increase any of the taxes or fees as specified in section 54 and the tax or fee so levied or enhanced shall be considered to be levied or enhanced by the Panchayat under section 55.
The Sarpanch may authorise any person--
(1) An appeal against the levy of a tax, rate or fee by the Panchayat shall lie to the prescribed authority.
(2) Where it is brought to the notice of the prescribed authority that a tax, rate or fee, has not been imposed on any person on whom it should have been imposed, it may after hearing him direct the Panchayat to impose it on that person or persons and the Panchayat shall thereupon act accordingly.
Subject to such rules as may be made by the Government in this behalf, all the taxes or fees levied under sections 54 and 55 by the Panchayat and the moneys recoverable under section 143 shall be recoverable as if they were arrears of land revenue.
Any person dissatisfied with the assessment under this Chapter may, within such time as may be prescribed, apply to the prescribed authority in writing for a revision of the assessment and the prescribed authority may amend or confirm the same.
The Panchayat shall, as prescribed, arrange for the realisation of Panchayat taxes and dues, custody of its funds and maintenance of accounts.
The prescribed authority shall get the accounts of every Panchayat audited every year in the manner prescribed.
(1) Every Panchayat shall prepare and lay for sanction before a meeting of voters budget estimates of its income and expenditure up to the limit of Rs. 5000 for the year commencing on first day of April next following and an annual report of the working of the Panchayat stating their future development programmes and plans for the next year.
(2) Copy of the budget estimates of income and expenditure and the annual report of the working of the Panchayat stating their future development programmes and plans for the next year shall be forwarded to the prescribed authority for record within three days after its sanction under sub-section (1).
(3) The budget estimates of income and expenditure of a Panchayat exceeding Rs. 5000 shall be sanctioned by the prescribed authority.
(4) If any Panchayat fails to present its budget or annual report in the meeting, the prescribed authority shall prepare the budget and the annual report of such Panchayat and present the same b
Subject to any rules made in this behalf by the Government, the Government may, by order, exempt in whole or in part from the payment of any tax imposed under this Act, any person or class of persons or property or description of property.
It shall be lawful for a Panchayat to lease by public auction or private contract the collection of any fee which may be imposed under sub-section (3) of section 54 provided that the lessee shall give security for the due fulfilment of the conditions of the lease.
(1) For the administration of criminal and civil justice there shall be constituted by notification in the Government Gazette, a Panchayati Adalat for such number of contiguous Panchayats (hereinafter in this Chapter and Chapter VII referred to as 'Panchayat Circle') not being less than five or more than seven in number, as the prescribed authority may direct :
Provided that the prescribed authority may direct the constitution of the Panchayati Adalat for a smaller number of such Panchayats, but the number of members thereof shall not be less than five.
(2) A Panchayati Adalat so constituted shall be known by such name as may be specified in the notification and the Panchayat Circles for which it shall have been constituted shall collectively be called Adalati Circle thereof, and it shall be competent for the prescribed authority with the approval of the Government to reconstitute from time to time, any such Adalati Circle by notification in the Government Gazette.
(1) Every Panchayati Adalat shall be composed of a panel of members equal in number to the number of Panchayats for which it is constituted.
(2) Subject to the provisions of sub-section (3) each Panchayat shall elect in the prescribed manner one member to the Panchayati Adalat constituted for its Panchayat from amongst its electors :
Provided that in respect of a Panchayati Adalat constituted for a smaller number of Panchayats the members thereof shall be elected in such manner as may be prescribed.
(3) No person shall be qualified for being elected as, or for continuing to be a member of a Panchayati Adalat--
The members of a Panchayati Adalat shall elect, within one month from the date of the administration of oath, any member from amongst themselves to be the Chairman of such Panchayati Adalat :
Provided that if the members of a Panchayati Adalat fail to elect the Chairman in accordance with the provisions of this section the prescribed authority shall appoint one from amongst the members to the vacancy till such vacancy is filled up by election within a period of six months and the person so appointed shall be deemed to be duly elected Chairman of such Panchayati Adalat during this period.
The term of office of the Chairman of the Panchayati Adalat shall be the same as that of a Panch.
(1) Subject to the provisions of the rules made under sub-section (2) of this section, the Chairman of a Panchayati Adalat shall, for the hearing and disposal of suits and cases coming up before such Panchayati Adalat under and in pursuance of the provisions of this Chapter, form benches, each bench to consist of any three members whether or not inclusive of the Chairman himself.
(2) The formation of benches under sub-section (1), the hearing of part-heard cases, time and place at which the Panchayati Adalat shall sit, the conduct of its business, the mode of the disposal of such business, the method of distribution, transfer and re-transfer of work among the benches, the procedure to be followed and such other matters as the Government may consider necessary shall be governed and regulated by rules made in this behalf by the Government.
All the suits and cases pending before a Panchayati Adalat on the date on which a Panchayati Adalat is constituted under the Jammu and Kashmir Village Panchayat (Amendment) Act, 1973 shall stand transferred to the Panchayati Adalat so constituted.
(1) No member of a Panchayati Adalat shall hear or dispose of any suit or case arising in the Panchayat Circle of the Panchayat which elected him.
(2) No member of a Panchayati Adalat who is a party to or is personally interested in any suit or cases, shall hear or dispose of such suit case.
(3) The trial of a suit or case by a bench of Panchayati Adalat shall not be invalid by reason merely that some of the member of that bench were not present at any hearing thereof.
(1) The Chairman of every Panchayati Adalat may, with the approval of the prescribed authority appoint on the prescribed conditions of service such staff as may be considered necessary.
(2) With the like approval and with the consent of the Panchayat concerned, the Chairman of a Panchayati Adalat may direct that the Secretary of the Panchayat within the limits of whose jurisdiction the sitting of such Panchayati Adalat or a bench thereof is held shall act on such term as may be specified in the direction as Adalati Assistant for the purpose of recording the proceeding and decision of such Panchayati Adalat and performing such other duties as may be specified.
(1) Every member including the Chairman and every officer and servant of a Panchayati Adalat shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Code, 1989.
(2) The provisions of the Judicial Officers Protection Act, 1971 shall apply to every Panchayati Adalat and to every member thereof while acting judicially.
Every case under this Act shall be instituted in the Panchayati Adalat within the local limits of whose jurisdiction the offence was committed.
A Panchayati Adalat shall not be competent to impose on any person convicted of an offence tried by it any sentence other than a sentence of fine not exceeding one hundred rupees.
A Panchayati Adalat may direct that the whole or any part of the fine, when realised, shall be paid as compensation to the complainant or person affected by the offence.
If a Panchayati Adalat is satisfied after inquiry that the case brought before it is false, frivolous or vexatious, it may order the complainant to pay the accused such compensation not exceeding fifty rupees as it think fit.
Subject to the provisions of section 562 of the Code of Criminal Procedure, 1989, a Panchayati Adalat may, instead of passing sentence, discharge after due admonition an offender who, in its opinion, was on the date of the commission of the offence not over fifteen years of age.
If any fine imposed or compensation ordered to be paid by a Panchayati Adalat remains unpaid for fifteen days, the Panchayati Adalat shall certify the fact of non-payment to the Collector having jurisdiction, who shall proceed to recover it as if it were a fine imposed by himself.
Where an accused person has been tried for and discharged, convicted or acquitted of any offence, no Panchayati Adalat shall take cognizance of such offence, or on the same facts, of any other offence.
(1) A Panchayati Adalat may be directed by a Magistrate to make a local inquiry under section 202 of the Code of Criminal Procedure, 1989, in any case in which the offence was committed within the local limits of the jurisdiction of such Panchayati Adalat.
(2) Any Magistrate before whom a proceeding under section 488 of the said Code is pending may require a Panchayati Adalat in whose circle the husband or parent against whom the proceeding has been started might be residing, to submit a report as to the amount of maintenance allowance which, having regard to the circumstances of the parties to such proceedings should be payable. Such report shall form part of the record and may be used as evidence in such proceeding without the same being proved.
A Panchayati Adalat may dismiss any complaint, if after examining the complainant and taking such evidence as he produces, it is satisfied that the complain is frivolous, vexatious or untrue.
When any party to suit dies before a decree has been passed, the suit shall abate, if not restored within one month on the application of the representative of a deceased plaintiff or in the case of death of a defendant, if the representative of the deceased defendant is not brought on record within one month from the date of the death but a fresh suit may be brought on the same cause of action and the period during which the suit was pending shall be excluded in computing the period of limitation prescribed under section 95 for the fresh suit.
(1) Every suit instituted in a Panchayati Adalat shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action, but he may relinquish any portion of his claim in order to bring the suit within the jurisdiction of the Panchayati Adalat.
(2) If a plaintiff omits to sue in respect of or intentionally relinquishes any portion of his claim he shall be precluded from bringing any separate action whether before a Panchayati Adalat or a Civil Court for or in respect of the portion so omitted or relinquished.
Every suit under this Act shall be instituted before the Panchayati Adalat within whose jurisdiction the defendant or any defendant in the suit resides at the time of the institution of the suit.
(1) In suits for money, the Panchayati Adalat may, in its discretion, decree interest on the sum decreed at a rate not exceeding ten per cent per annum from the date of the decree till the date of the payment.
(2) Where the decree is for payment of money, the Panchayati Adalat may direct that the payment of the amount decreed be made by instalments.
(1) A decree or order passed by a Panchayati Adalat shall be executed by it in such manner as may be prescribed.
(2) If a Panchayati Adalat funds any difficulty in executing a decree or order, it may forward the same in the manner prescribed, to the Munsiff or where there is no Munsiff, to the Sub-Judge having jurisdiction, who shall thereupon execute the decree or order as if it were a decree or order passed by himself.
Any person who wishes to institute a suit or a case under this Act, before a Panchayati Adalat shall make an application orally or in writing to the Chairman or in his absence to any member and shall at the same time pay the prescribed fee.
Where an application under section 92 is made, the substance of application will be recorded without delay in the prescribed manner and the signature or thumb impression of the applicant shall be taken thereon. Such record shall be signed by the Chairman or in his absence by any member who may be present.
The plaintiff or complainant shall at the time of his making application, be informed of the time and place fixed for the meeting of the Panchayati Adalat at which his application would be heard, and be directed to attend at that time and place.
Every suit instituted before a Panchayati Adalat after the period of limitation prescribed therefore in the Second Schedule shall be dismissed even though limitation has not been set up as a defence.
No Court shall take cognizance of any suit or case which is cognizance under this Act by a Panchayati Adalat unless a reference has been made to it under this Act.
Notwithstanding anything contained in this Act, a Panchayati Adalat may take cognizance of a suit, the total value of which does not exceed rupees one thousand if the parties mutually agree in writing to be filed before the Panchayati Adalat they will abide by the decision in arbitration of the Panchayati Adalat in such suit.
(1) The Panchayati Adalat may, for reasons to be recorded after hearing the application and examining the plaintiff or complainant, dismiss the suit or complaint.
(2) Unless the suit or complaint be so dismissed, the Panchayati Adalat shall, by summons or otherwise require the defendant or accused to attend and produce his evidence at such time and place as may be stated in the summons, and shall, at the same time, direct the plaintiff or complainant to attend and produce his evidence at such time and place.
(3) If any defendant or accused person resides outside the Panchayati Adalat Circle or if a defendant or accused person is, at the time of the issue of the summons, outside such circle, the summons may be forwarded by the Panchayati Adalat to the Munsiff or where there is no Munsiff to the Sub-Judge or Magistrate concerned who shall cause it to be served as if it were a summons from his own Court.
(1) The parties to a case triable by a Panchayati Adalat shall appear personally before such Panchayati Adalat ; provided that the Panchayati Adalat may, for the reasons to be recorded in writing, dispense with the personal attendance of the complainant or the accused and permit him to appear by agent and it shall so dispense with such personal attendance if the complainant or the accused is a person exempt from personal attendance in Court :
Provided that if the Panchayati Adalat is satisfied that the complainant or the accused is a Pardah Nashin lady, it shall, if a request is made to that effect, dispense with the personal attendance of such Pardah Nashin lady before the Panchayati Adalat.
(2) The parties to a suit triable by a Panchayati Adalat may appear by agent.
(1) The parties shall produce their own evidence and witnesses, but the Panchayati Adalat may, by summons, or otherwise, send for any person to appear and give evidence or to produce or cause the production of any document and such person shall be bound to comply with the instructions contained in the summons.
(2) The Panchayati Adalat may refuse to summon a witness or to enforce summons already issued against a witness when, in the opinion of the Panchayati Adalat, the attendance of such witness cannot be procured without an amount of delay, expense and inconvenience which in the circumstances would be unreasonable.
(3) The Panchayati Adalat shall not require any person living beyond its jurisdiction to give evidence or to produce a document unless such a sum of money has been deposited as appears to the Panchayati Adalat to be sufficient to defray his reasonable expenses.
(4) If any person, whom the Panchayati Adalat summons by a written order to appear or to
(1) Notwithstanding anything contained in section 100, no person who belong to the female sex or who is exempted from personal appearance in a Civil Court under section 133 of the Code of Civil Procedure, 1977 shall be compelled to appear in person before a Panchayati Adalat for the purpose of giving evidence.
(2) Any such person may be examined on commission in the prescribed manner.
The provisions of the Code of Civil Procedure, 1977, the Code of Criminal Procedure, 1989, the Court Fees Act, 1977, the Evidence Act, 1977 and the Limitation Act, 1995, shall not apply to any proceedings before a Panchayati Adalat save to the extent provided in this Act or as may be prescribed by the Panchayati Adalat shall ascertain the facts of every suit or case before it by every lawful means in its power and therefore make such decree or order as it may deem just. Such decree or order shall contain a brief statement of the reasons thereof.
(1) The Panchayati Adalat shall add as parties to a suit any person or persons whose presence as such party or parties it considers necessary for a proper decision thereof, and the suit shall be tried as between the parties whose names are so added :
Provided that when any party is added, notice shall be given to him and he shall be given an opportunity of appearing before the trial of suit as proceeded with.
(2) In all cases where a new party appears under the proviso to sub-section (1) during the trial of a suit, he may require that the trial shall begin de novo.
(3) If the plaintiff or defendant in any suit dies before it has been finally decided and the right to sue still survives, the suit shall be proceeded with at the instance of or against the legal representatives of the deceased plaintiff or deceased defendant, as the case may be ; provided that an application in this behalf has been presented to the Panchayati Adalat within thirty days of the death o
It shall be the duty of the Panchayati Adalat to dispose of a suit or case as early as possible and adjournment shall be granted when absolutely necessary.
(1) If the plaintiff or complainant fails to appear after having been informed of the time and place fixed for hearing, the Panchayati Adalat may dismiss the suit or case.
(2) The Panchayati Adalat may hear and decide a suit or case ex-parte in the absence of the defendant or the accused ; if he has been informed of the time and place for hearing :
Provided that no sentence shall be imposed by a Panchayati Adalat on any accused person unless he has appeared either in person or by agent before it and the substance of his statement has been recorded.
(3) If after the service of summons upon him, an accused person fails to appear either in person or by agent, the Panchayati Adalat may apply to the Tehsildar concerned who shall compel the accused to appear in person before that Panchayati Adalat as if he were the Magistrate trying the case.
(4) When an accused person has been under the preceding sub-section compelled to appear before a Panchayati Adalat it s
(1) Where it is proved to the satisfaction of Panchayati Adalat that a suit has been agreed upon to be decided wholly or in part in accordance with any settlement, compromise or oath, the Panchayati Adalat shall order such settlement, compromise or oath to be recorded and shall decide the suit and pass a decide in accordance therewith :
Provided that no oath shall be in any form repugnant to justice or decency to affect any third person.
(2) A Panchayati Adalat may permit any case to be compounded if such case is, according to the provisions of the Code of Criminal Procedure, 1989, compoundable with or without permission of the Court.
When any Panchayati Adalat having jurisdiction is of the opinion that any suit or case before it is of such a nature or of such intricacy or importance that it ought to be tried by a regular Court, the Panchayati Adalat shall stay proceedings and send the suit or case to the nearest regular Court of competent jurisdiction for trial.
(1) In relation to suits the District Judge having jurisdiction over an Adalati Circle and in relation to cases, the Session Judge having jurisdiction over an Adalati Circle may, at any time, for just and sufficient cause, on his own motion or otherwise, cancel the jurisdiction of any Panchayati Adalat with respect to any suit or case or quash any proceedings thereof at any stage.
(2) Where an order has been passed under sub-section (1) in respect of any suit or case, the same may be instituted in or transferred to the nearest Panchayati Adalat for trial.
(1) Unless otherwise provided in this Act, no appeal shall lie from any sentence, decree or order passed by a Panchayat Adalat in any suit or case tried by it.
(2) On an application made within 60 days by any of the parties to a suit or case tried by a Panchayati Adalat or on his own motion--
call for and examine the record or proceedings of a Panchayati Adalat for the purpose of satisfying himself as to the legality or propriety of any decree or order or sentence passed or as to the regularity of the proceeding held by such Panchayati Adalat.
(3) It appears to the District Judge or the Session Judge, as the case may be, that any decree, order or sentence passed or any proceeding taken by a Panchayati Adalat should be modified,
Subject to the provisions of this Act, a Panchayati Adalat shall have no power to cancel, revise or alter any decree, judgment or order passed by it :
Provided that clerical or arithmetical mistakes in judgement decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Panchayati Adalat either on its own motion or on the application of any of the parties.
A Panchayati Adalat or any member thereof duly authorised in the behalf may, for ascertaining facts conducive to the proper disposal of a case, suit or reference, enter upon any land at any time between sunrise and sun-set after giving twenty-four hours notice to the occupier of or when there is no occupier, to the owner of such land. If the land is in occupation of persons who according to the custom of the country do not appear, in the public, due notice shall be given to them to withdraw.
Every Panchayati Adalat shall have a seals bearing its name, the name of the District in which it is established, and shall therewith seal all decrees, orders, proceedings, processes, receipts and copies issued by it.
Summons shall ordinarily be caused to be served by a Chowkidar of the Panchayat area : provided that the Panchayati Adalat may cause it to be served by any persons.
(1) No Panchayati Adalat shall try any suit or issue in respect of any matter which is pending for decision in, or has been heard and decided by a Court of competent jurisdiction to a previously instituted suit between the same parties or those under whom they claim.
(2) Where proceedings are pending in any Court against as accused person in respect of any offence or where an accused person has been tried for any office, no Panchayati Adalat shall take cognizance of such offence or on the same facts or any other offence of which the accused might have been charged or convicted.
A Panchayati Adalat newly constituted on the expiry of term of office of the members of previous Panchayati Adalat shall hear and dispose of suits, cases and proceedings pending before the latter at the date of the expiry of such term :
Provided that the hearing of such suits, cases and proceedings shall commence anew before the Panchayati Adalat newly constituted, as if such suits, cases and proceedings were instituted before it.
(1) If any person intentionally offers any insult to a Panchayati Adalat or any member thereof, while it is sitting in any state of judicial proceedings in its or his view or presence or refuses to take oath duly administered or sign a statement made by the said person when legal required to do so, the Panchayati Adalat may, at any time before rising on the same day, take cognizance of the offence and sentence the offender to a fine not exceeding ten rupees.
(2) The fine imposed under sub-section (1) shall, for the purpose of section 81, deemed to be fine imposed in a criminal case.
No person shall be arrested or imprisoned in execution of a decree under the provisions of this Act.
No legal practitioner or one who has been such legal practitioner or Advocate in the past shall be allowed to appear on behalf of any party in any proceeding before a Panchayati Adalat.
(1) The Government may make rules consistent with this Act for carrying out the purpose thereof and may provide that the breach of any such rules shall be punishable with a fine which may extend to twenty-five rupees.
(2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules--
(1) Subject to the provisions of this Act and to such rules as may be prescribed, a Panchayat may, with the approval of the Prescribed Authority, make bye-laws.
(2) In making a bye-law, the Panchayat may provide that any person who commits a breach thereof shall be liable to pay by way of penalty such sum as may be fixed by the Panchayat not exceeding fifteen rupees, or in case of a continuing breach, not exceeding two rupees for every day during which the breach continues after a penalty has been levied for the first breach.
(3) The Government shall have power to make rules regarding the procedure for the making of bye-laws, the publication thereof, and the date on which they shall come into effect.
(4) A Panchayat may, and shall, if so required by the Government, make bye-laws to--
Whoever does or abets the doing of any act in contravention of any of the provisions of section 35 or any bye-law or licence issued thereunder or contravenes any other provisions of this Act for which no specific penalty has been provided, shall be punishable by the Panchayati Adalat with fine which may extend to rupees fifteen and when the breach is a continuing one further fine which may extend to Rs. 2 for every day after the first conviction during which an offender is proved to have persisted in the offence.
Whoever removes, displaces wilfully, damages or causes damage through negligence to--
shall be punishable by the Panchayati Adalat with fine which may extend to twenty rupees :
Provided that no fine shall be imposed if the person or persons concerned have written sanction of the Panchayat or of the prescribed authority to remove or displace any such property of the Panchayat or to do any act in exercise of any right granted by grant or contract sanctioned by Panchayat or such authority.
(1) Whoever--
shall be punishable by the Panchayati Adalat with fine which may extend to Rs. 15.
(2) Nothing in this section shall be deemed to prohibit--
If through any act, neglect or default on his part, a person has incurred a penalty imposed by sections 122 and 123 and has caused damage to the property of a Panchayat, the person incurring such penalty shall be liable to make good such damage as well as to pay such penalty and the damages may be recovered from the offender in the prescribed manner.
(1) If a notice has been given to a person under the provisions of this Act or any rule or bye-laws made thereunder, requiring him to execute a work in respect of any property, movable or immovable, public or private, or to provide or to do or refrain from doing anything within a time specified in the notice and such person fails to comply with the notice, the Panchayat may cause work to be executed or such thing to be provided or done and may recover all expenses incurred by it on such account from the said person in the prescribed manner.
(2) Any person who disobeys a notice under sub-section (1) shall, on conviction by the Panchayati Adalat, be punished with a fine which may extend to rupees ten and in case of continuing breach with a further fine which may extend to one rupee for every day after the first during which the breach continues.
(3) No notice shall be invalid on account of any defect or omission in its form.
Any person aggrieved by an order or direction made under sections 121, 122, 123, 124 and 125 of this Act or under any rule or bye-law may, unless otherwise prescribed, within thirty days from the date of such direction or order, exclusive of the time requisite for obtaining a copy thereof, appeal to such authority as the Government may appoint in this behalf who may vary, set aside or confirm the said order or direction and may also award costs to or against the person filing the appeal.
(2) The authority authorised by the Government under sub-section (1) may, if he thinks fit, extend the period allowed by sub-section (1) for appeal.
(3) The decision of the authority authorised by the Government under sub-section (1) shall be final and shall not be questioned in any court of law.
When an appeal has been filed against an order or direction under section 126, any proceeding to enforce such order or direction and any prosecution for the breach thereof may, by order of the authority authorised by the Government under section 126, be suspended pending the decision of the appeal and if such order or direction is set aside on appeal, disobedience thereof shall not be deemed to be an offence.
(1) Subject to any rules made in this behalf, a Panchayati Adalat may, either before or after the institution of any case, compound an offence under this Act or any rule or bye-law made thereunder on payment of such sum in cash to the Panchayat as may be prescribed.
(2) When an offence has been compounded, the offender shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.
(3) Nothing in this section shall entitle any party to compound any offence which is not compoundable under the provisions of the Code of Criminal Procedure, 1989.
(1) There shall be constituted a Block Panchayat Board of such number of Panchayats as the Government may determine.
(2) Every Block Panchayat Board shall consist of one representative from each Panchayat area in the Block and such persons as may be nominated by the Government from time to time. The Board may co-opt one woman member interested in the work of women and children welfare.
(3) Representatives from each Panchayat area shall be selected by the members of the respective Panchayats by indirect election in the prescribed manner.
(1) The term of office of every member of the Block Panchayat Board shall be co-extensive with the term of the Panchayat he represents :
Provided that a person shall cease to be a member of the Board if the Panchayat he represents recalls him or if he becomes subject to any disqualification mentioned in section 8 of this Act as if he were a candidate for the membership of the Panchayat.
(2) When a person is recalled or otherwise vacates from the membership of the Board, another person shall forthwith be selected by the Panchayat to replace him.
The non-official members of the Block Panchayat Board shall annually elect from among themselves a person who is able to read and write to act as Chairman of the Board :
Provided that during the first three years the Government may appoint any person as Chairman of a Block Panchayat Board.
The following shall be the functions of the Board :--
(1) to advise on the development of the Block in respect of--
The Block Panchayat Board shall sit at such place or places within the limits of its jurisdiction as may be fixed by it. The meetings of the Board shall be public and shall be held at least once a month. The officer-in-charge of the Block shall convene the meetings of the Board in the manner prescribed. The quorum for a meeting shall be the same as mentioned in sub-section (1) of section 17 of this Act.
At every meeting of a Block Panchayat Board the Chairman, if present, or in his absence or during the vacancy of his office, such one of their number as the members present may elect shall preside as Chairman. The decision of the majority at any meeting shall be binding in all matters and when the voting is equal the Chairman shall have a second or casting vote.
The Government may, by notification, subject to such restrictions or conditions as may be considered necessary to impose, delegate all or any of its powers under this Act, other than the power to make rules, to any officer or to such authority or authorities, as it may from time to time, notify in this behalf.
The Government may--
(1) If at any time it appears to the Government that a Panchayat has made default in performing a duty imposed on it by or under this or any other enactment, the Government may, by order in writing, fix a period for the performance of that duty.
(2) If the duty is not performed within the period so fixed, the Government may direct such authority as may be specified to perform it and may further direct that the expenses, if any of performing the duty shall be paid from the Panchayat Fund and thereupon the person having the custody of the fund shall pay the amount from such fund.
(1) The prescribed authority, or any other officer specially empowered in this behalf by the Government, on information received or on his own initiative, may, by order in writing, prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a Panchayat, or a Joint Committee or any officer or servant thereof if in his opinion such resolution or order is of a nature as to cause or likely to cause obstruction, annoyance or injury to the public or to any class or body of persons lawfully employed, or danger of human life, health or safety, or riot or affray. It may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order.
(2) Where an order is made under sub-section (1), a copy thereof, with a statement of the reasons for making it, shall forthwith be forwarded by the prescribed authority or the aforesaid officer to the Government which may, after calling for
(1) Every Panch, or officer or servant of a Panchayat, whether employed wholly or partly, and a contractor duly appointed by the Panchayat for the collection of a tax or fee, and a duly appointed agent or employee of such contractor, shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Code.
No action, civil or criminal, shall lie against any Panchayat, or Panchayati Adalat, or Panch or member of Block Panchayat Board, or any officer or servant of the Panchayat, in respect of any act in good faith performed in exercise of the powers conferred, or in discharge of duties imposed upon a Panchayat, or Panchayati Adalat, or Panch, or a member of Block Panchayat Board, or officer or servant thereof, under this Act.
(1) No suit or other legal proceeding shall be instituted against a Panchayat, or Block Panchayat Board, or against a member thereof, or against an officer or servant of a Panchayat, or Panchayati Adalat or Block Panchayat Board, or against any person acting under the direction of any of these bodies or persons, for anything done or purporting to have been done in official capacity under this Act, until the expiration of two months next after notice in writing has been in the case of a Panchayat or Block Panchayat Board delivered in or left at the office of the Panchayat or Block Panchayat Board concerned, and in the case of a member, officer or servant or any person acting under his direction or the direction of the Panchayat or Panchayati Adalat or Block Panchayat Board, delivered to him or left at his office or place of abode, explicitly stating the cause of action, the nature of the reliefs sought, the amount of compensation, if any, claimed and name and place of abode of the i
(1) It shall be the duty of every Panchayati Adalat to enquire into and report in any case where a Magistrate has directed that the previous local investigation be made by a Panchayati Adalat under section 202 of the Code of Criminal Procedure and the words "such other persons" in the said section shall be deemed to include a Panchayati Adalat.
(2) No Panchayati Adalat shall be required to hold a local enquiry outside the Panchayat area.
(1) Every Panch, Sarpanch or a member of the Joint Committee shall be liable to the Panchayat or Joint Committee respectively for the loss, waste or misapplication of any money or other property belonging to the Panchayat or Joint Committee, as the case may be, if such loss, waste or misapplication is caused in consequence of his neglect or misconduct in the discharge of his duties or performance of his functions as such Panch, Sarpanch or member of Joint Committee.
(2) The prescribed authority may, on the application of the Panchayat or the Joint Committee or any rate payer, and after giving to the Panch or member of Joint Committee concerned an opportunity of being heard, summarily assess by order in writing the amount due to the Panchayat or Joint Committee, as the case may be, on account of such loss, waste or misapplication.
(3) Any person aggrieved by an order made under sub-section (2) may, within one month of the date of such order, appeal to the Government bu
Except as otherwise provided under this Act, a Panchayat or any Committee thereof shall have power to act, notwithstanding any vacancy in the membership or defect or irregularity in the enrolment of a member thereof, and any proceedings in any Panchayat or Committee shall be valid notwithstanding that there was any defect or irregularity in the enrolment of any member or that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings, provided, however, that at least two-thirds of the persons present at the time of the act being done were not disqualified to be members.
Every Police officer shall give immediate information to the Panchayat of an offence coming to his knowledge which has been committed against this Act or any rule or bye-law made thereunder and shall assist all members and servants of the Panchayat in the exercise of their lawful authority.
A copy of an entry in a register in the possession of a Panchayat or of any document made or executed by an officer thereof, if duly certified by the Sarpanch or other person authorised by the Sarpanch in writing in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case, where and to the same extent as the original entry or document would, if produced, have been admissible to prove such matter.
Where a vacancy occurs on any body constituted under this Act, by reason of the death, resignation, removal or avoidance of the election of a member or other office bearer and the term of office of that member or other office bearer would in the ordinary course of events have determined within six months of the occurrence of the vacancy, the prescribed authority may direct that the vacancy be left unfilled until the next general election under this Act.
(1) Every Panchayat shall submit to the prescribed authority a report on its administration for each year as soon as may be after the close of such year and not later than the prescribed date, in such form, with such details, and through such authority as may be prescribed.
(2) The prescribed authority shall submit to the Government a general report on the administration of Panchayat in the State during the year.
All roads, markets, wells, tanks, reservoirs and water-ways vested in or maintained by a Panchayat shall be open to the use and enjoyment of all persons irrespective of their religion, race, caste, sex, place of birth or any of them.
Subject to prescribed conditions, a Panchayat may establish a Sub-Committee to assist it in the discharge of any specified duty or class of duties and may delegate to such Sub-Committee such of its powers as may be necessary for the purpose of rendering such assistance.
(1) The Sarpanch may, by an order in writing, require the Lambardar, or Patwari, or both, of any village comprised within the jurisdiction of the Panchayat, to furnish him with information on any matter falling within such categories as may be prescribed in respect of such village or any part thereof or any person or property therein.
(2) The order shall specify the period within which it may be complied with but the Sarpanch may, from time to time, extend such period.
The Jammu and Kashmir Village Panchayat Act. Svt. 2008, is hereby repealed :
Provided that--
| Description of suits | Period of limitation | Time from which period begins to run |
|---|---|---|
| 1. For money due on a contract | 3 years | When the money become due to the plaintiff. |
| 2. For the recovery of movable property or the value thereof | do | When the plaintiff became entitled to the delivery of the property. |
| 3. For compensation for wrongly taking or injuring movable property | do | When the movable property was wrongfully taken or when injury was done to it. |
| 4. For damages caused by cattle trespass | 6 months | When the damage was caused by the cattle trespass. |
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