THE JAMMU AND KASHMIR PANCHAYATI RAJ ACT,1989
(ACT No. XI of 1989)
[8th July,1989]
An Act to provide for the constitutions of Halqa Panchayats, Block Development Councils and The District Planning And Development Boards and matters concerned therewith.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty –Ninth Year of Republic of India as follows :-
CHAPTER 1
PRELIMINARY
1. Short Title, extent and Commencement
(1) This Act may be called as the Jammu and Kashmir Panchayati Raj Act,1989.
(2) It extends 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.
2. Definitions
In this Act, unless the context otherwise requires,-
(a) “Block” means area comprising such contiguous number of Halqas as may be determined by the Government from time to time;
(b) “Block Development Council” means Block Development Co8uncil constituted under section 27 of this Act;
(c) “Building” includes any shop, house, hut, out-house ,shed ,stable , sub-structure and land a pertinent to a building whether used for the purpose of human habitations and otherwise and whether of masonry ,bricks ,buildings ,wood ,mud ,thatch ,metal or any other building material and includes a wall and wall but does not include mud-wall built around agricultural land not abutting on the public road;
(d) “Case” means a criminal proceedings in respect of an offence tribal by a Halqa
Panchayati Adalat;
(e) “Chairman” means the chairman of –
(i) the Panchayati Adalat;
(ii) the Block Development Council;
(iii) The District Planning and Development Board;
(f) “Constituency” means a word for which a member is to be or has been elected;
(g) “District Planning and Development Board” means a District Planning and Development Board constituted under this Act;
(h) “Election Authority” means Chief Electoral Officer for the state;
(i) “Electoral Roll” means the rolls as may be prepared in accordance with the provisions of this Act;
(j) “Halqa” means the area comprising a village or such contiguous number of villages as may be determined by the Government from time to time;
(k) “Halqa Majlis” means all voters of a Halqa Panchayat;
(l) “Halqa Panchayat” means a Halqa Panchayat constituted under section 4 of this Act;
(m) “Naib-Sarpanch” means the Naib-Sarpanch of the Halqa Panchayat;
(n) “Paanch” means member of Halqa Panchayat whether elected or nominated under this Act;
(o) “ Panchayat Advisory Committee” means a Panchayat Advisory Committee constituted under section 8-A;
(p) “Panchayati Adalat” means a Panchayati Adalat constituted under section 47 of this Act for the purpose of trails of suits and cases;
(q) “Prescribed” means prescribed by rules made under this Act;
(r) “ Prescribed Authority” means authority as may be appointed by the Government, by notification , for all or any of the provisions of this Act;
(s) “Rules” means the rules made under this Act;
(t) “Sarpanch” means the Sarpanch of the Halqa Panchayat;
(u) “Schedule” means the schedule appended to this Act;
(v) “Suit” means a civil suit;
(w) “Vice Chairman” means the Vice chairman of –
(i) the Block Development Council.
(ii) The District Planning and Development Board.
(x) “Village “ means a part or parcel of the land having a separate name and known limits in the Revenue Department.
(2) In this Act, the expressions “decree”, ”decree-holder”, ”judgement-debator” ,”legal representative” and “movable property” shall have the same meaning as is assigned to them in the Code of the Civil Procedure Act, Samvat 1977.
3. Act to over-ride other laws
The provision of this Act shall have effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force or instrument having effect by virtue of any such law.
CHAPTER II
HALQA PANCHAYAT
4. Establishment and Constitution of Halqa Panchayat
(1) There shall be a Halqa Panchayat for every Halqa.
(2) Every Halqa Panchayat shall bear the name of the place where it is headquartered.
(3) Every Halqa Panchayat shall have Halqa Majlis comprising of all the persons whose
names are included in the electoral roll for such Halqa Panchayat.
(4) The Sarpanch shall convene at lease two meetings of Halqa Majlis during a Financial
year;
(5) Every Halqa Panchayat shall consist of number of Paanches not less than seven and not
more than eleven including the Sarpanch as the prescribed authority may, from time to time fix in this behalf.
Provided that the Paanch Seat shall be reserved for –
(a) the Schedule Castes; and
(b) the Schedule Tribes.
(6) The Sarpanch shall be elected directly by the electorate of Halqa Panchayat in such
manner as may be prescribed.
(7) The Paanches shall be elected from the constituencies delimited by the prescribed
authority n accordance with the rules.
(8) The Village Level Worker or Multi Purpose Worker or Gram Savika shall be the
Secretary of the Halqa Panchayat.
5. Term of Office
The Sarpanch, the Naib Sarpanch and every Paanch of the Halqa Panchayat shall hold the
office for a period of five years from the date.
6. Disqualification for Membership
(1) A person shall be disqualified to be a member of Halqa Panchayat if he –
(a) is not a permanent resident of the state; or
(b) is in the employment of the Government or any other local body ;or
(c) is of under twenty-five years of age ; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) has been adjudged insolvent by a competent court; or
(f) is a salaried servant of a Halqa Panchayat; or
(g) is a Lambardar or Village Chowkidar; or
(h) has been dismissed from the service of the Government , a local body or a Halqa
Panchayat.
(2) No person shall be qualified to be chosen as a member of Halqa Panchayat unless his
name is included in the electrol roll of such Halqa Panchayat.
7. Removal of Sarpanch and a Naib Sarpanch of a Halqa Panchayat
A Sarpanch or a Naib Sarpanch shall be deemed to have vacated his office forthwith if a
resolution expressing want of confidence in him is passed by a majority of not less than 2-3rd of the total No. of Paanches of Halqa Panchayat at a meeting specifically convened for the
purpose in the prescribed manner on the following grounds –
(i) Gross misconduct;
(ii) neglect of duty;
(iii) Any disqualifications prescribed under section6;
(iv) Failure to attend six consecutive meetings of the Halqa Panchayat.
8. Filling Vacancies in Halqa Panchayat
(1) Whenever a vacancy occurs by the death or resignation of Paanch or Sarpanch the
vacancy shall be filled by election or nomination as the case may be.
(2) No vacancy in the Halqa Panchayat shall render its proceedings illegal so long as the
number of Paanches is not reduced below 50% of the total number of members of the Halqa Panchayat.
9. Panchayat Advisory Committee
There shall be Panchayat Advisory Committee comprising such members as may be
prescribed.
10. Supersession of Halqa Panchayat
(1) If in the opinion of the Government a Halqa Panchayat is incompetent to perform or
persistently makes default in the performance of duties imposed on it by or under this Act, the Government may, by notification, supersede such Halqa Panchayat.
(2) The period of supersession shall not exceed six months during which the election shall be
held.
(3) 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 Halqa Panchayat for such period as it may specify ,but not exceeding six months
(4) If a Halqa Panchayat is superseded –
(a) the Sarpanch and Paanch of the Halqa Panchayat shall, from the date of notification, vacate their office.
(b) The funds and other property vested in the Halqa Panchayat shall , during the
period of supersession , vest in the person/body entrusted with the function under
sub-section (3).
11. Remuneration to Sarpanch and Panchs
(1) Every Sarpanch shall be entitled to such monthly honorarium as may be specified by the
Government.
(2) Each Panch shall be entitled to such sitting fee as may be specified by the Government.
12. Resignation
A Sarpanch, Panch ,Naib-Sarpanch of a Halqa Panchayat may by writing under his hand,
addressed to such authority, as may be prescribed, resign his office and his office shall thereupon become vacant.
CHAPTER III
POWERS AND FUNCTIONS
13. Powers and functions
(1) Subject to the duty of this Act, it shall be duty of each Halqa Panchayat to make
provision for the following subject to availability of funds at its disposal –
(i) to prepare the plans for the development of the Halqa;
(ii) to undertake measures for the implementation of the development plans;
(iii) to specifically deal with the problems of soil conservation ,water
management, social forestry , rural industrialization , agriculture , sheep and animal husbandry , sanitation , health and other welfare programs;
(iv) regulations of buildings, shops and entertainment houses and checking of
offensives or dangerous trades;
(v) construction and maintenance of slaughter houses , regulation of sale and preservation of meat and processing of skins and hides; .....
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