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Jammu and Kashmir Collective Fines Ordinance, 1999

  • Ordinance No. 5 of 1999

    JK122

    [Promulgated by His Highness under section 5 of the Jammu and Kashmir Constitution Act, 1996 and published in Government Gazette dated : 30th Assuj, 1999 and Government Gazette 15th Magh, 1999 (Extraordinary).]

    An Ordinance to provide for the imposition of Collective Fines.

    Preamble. - Whereas an emergency has arisen which makes it necessary to provide for the imposition of collective fines in connection with offences prejudicially affecting the defence of the State or the public safety, the maintenance of public order, the efficient prosecution of war, or the maintenance of supplies or services necessary to the life of the community.

    Now, therefore, in pursuance of the powers vested in us under section 5 of the Jammu and Kashmir Constitution Act, 1996, We hereby issue the following Ordinance:-

    1. Short title, extent and commencement.- (1) This Ordinance may be called the Jammu and Kashmir Collective Fines Ordinance, 1999.

    (2) It extends to the whole of the Jammu and Kashmir State.

    (3) It shall come into force at once.

    1. Imposition of collective fines on inhabitants of area.- (1) If it appears to the Government that the inhabitants of any area are concerned in, or abetting the commission of offences prejudicially affecting the defence of the State or the public safety, the maintenance of public order, the efficient prosecution of war, or the maintenance of supplies or service necessary to the life of the community, or are harbouring persons concerned in the commission of such offences, or are failing to render all the assistance in their power to discover or apprehend the offender or offenders or are suppressing material evidence of the commission of such offence(s), the Government may, by notification in the Government Gazette, impose a collective fine on the inhabitance of that area.

    (2) The Government may exempt any person or class or section of such inhabitants from liability to pay any portion of such fine.

    (3) The District Magistrate, after such inquiry as he may deem necessary, shall apportion such fine among the inhabitants who are liable collectively to pay it and such apportionment shall be made according to the District Magistrate's Judgment of the respective means of such inhabitants.

    (4) In any such apportionment the District Magistrate may assign a portion of such fine to a Hindu undivided family to be payable by it.

    [(5) The portion of such fine payable by any person (including a Hindu undivided family) may be recovered-

    (a) in the manner provided by the Code of Criminal Procedure, 1989, for the recovery of fines imposed by a Court as if such portion were a fine imposed by the District Magistrate acting as a Court:

    Provided that the Government may, in lieu of the rules referred to in sub-section (2) of section 386 of the Code of Criminal Procedure, 1989, make rules under this Ordinance regulating the manner in which warrants under clause (a) of sub-clause (1) of the said section of the said Code are to be executed and for the summary determination of any claims made by any person other than the person liable to pay the fine in respect of any property attached in execution of the warrant: or

    (b) as arrears of land revenue.]

    [3. Bar of legal proceeding. - No suit, prosecution or other legal proceedings whatsoever shall lie against any person for or in respect of anything which is in good faith done or intended to be done under this Ordinance.]