JAMMU
AND KASHMIR PANCHAYATI RAJ ACT, 1989
[Act No. 11 of 1989]
[8th July, 1989]
PREAMBLE
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:-
Section 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.
Section 2 - Definitions
(1)
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;
[‘(la) “Other Backward Classes” means the
Other Backward Classes declared by the Government of the Union territory of
Jammu and Kashmir from time to time in accordance with sub-clause (iii) of
clause (o) of section 2 of the Jammu and Kashmir Reservation Act, 2004;’.]
(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.
Section [2A - Construction of reference of certain expressions by certain other expressions.
Throughout the Act, for the words “District Planning and
Development Board” and “District Panchayat Officer” wherever they occur, the
words “the District Development Council” and “Assistant Commissioner of
Panchayat” shall respectively be substituted.’.]
Section 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.
Section 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.
Section 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.
Section 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.
Section 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 section 6;
(iv)
  Failure to attend
six consecutive meetings of the Halqa Panchayat.
Section 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.
Section 9 - Panchayat Advisory Committee
There shall be Panchayat Advisory Committee comprising such
members as may be prescribed.
Section 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).
Section 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.
Section 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.
Section 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;
(vi)
regulation of sale
and preservation of fish, vegetables and other perishable articles and food;
(vii)
regulation of
fairs;
(viii)
preparation and
implementation of special development plans for alleviating poverty and
employment generation through and besides programme like Integrated Rural
Development Programme, National Rural Employment Programme, Rural Land less
Employment Guarantee Programme and Housing for Scheduled Castes and Backward
Classes;
(2)
The Halqa Panchayat shall be involved in the
implementation of the scheme of universalisation of elementary education and
other educational programme.
(3)
The Halqa Panchayat
shall also perform such other functions and duties as may be assigned to it or
entrusted by the Government, the District Planning and Developmental Board and
the Block and the Block Development Council with in the area of which Halqa
Panchayat constituted.
Section 14 - Property of Halqa Panchayat
(1)
The following shall
constitute the property of a Halqa Panchayat:-
(i)
Public Village Road
within the Halqa Panchayat area other than those under the control f the
Government;
(ii)
Property movable
and immovable which has been transferred to Halqa Panchayat by the Government,
any public body or individual;
(iii)
Buildings,
slaughter-houses, manure and night-soil dumping sites, structures and water- reservoir
built by a Halqa Panchayat from its own funds or from contribution by
Government, any public body or an individual;
(iv)
Rubbish, sewage,
filth, bones, village cleaning, dead bodies of animals and other matters
collected by the Halqa Panchayat under this Act;
(v)
Trees and grass
growing on property belonging to the Halqa Panchayat, fruit and other produce
thereof and windfalls thereon;
(vi)
Drains, tanks,
ponds, wells, springs, streams, khuls, ghats, nallahs and other quarries in the
Halqa Panchayat area which do not belong to any person or a group of persons or
to the Government and declare to be such property by a resolution of the Halqa
Panchayat;
(vii)
All public lamps
or lamp posts and apparatus connected therewith or appertaining thereto;
(viii)
Any property which
a Halqa Panchayat may require.
(2)
The Halqa Panchayat shall have the power to
acquire, hold and dispose of the property and enter into any contract in
accordance with the laws and rules in force.
Section 15 - Halqa Panchayat Fund
(1)
Every Halqa Panchayat
shall have a fund to be called “Halqa Panchayat Fund” which shall comprise the following:-
(i)
Taxes, fees levied by
the Panchayat.
(ii)
Proceeds from the
property and enterprise run by Halqa.
(iii)
Court fees, fines
and compensation paid t the Halqa Panchayat.
(iv)
Donations and
contributions paid by public for works undertaken by Halqa Panchayat.
(v)
Proceeds of the
sanitation Cess collected by Government on the revenue being loaned within
Halqa Panchayat area;
(vi)
Grants from the
Government for general purposes on per capita basis and also for specific
functions.
(vii)
Loans from the
Government or other agencies approved by Government, or other financial
institutions.
(viii)
All other income
of Halqa Panchayat and such grants As may be assigned to the Halqa Panchayat by
the Government, keeping in view the topography and backwardness of the area.
Section 16 - Imposition of taxes on fees
Subject to such rules as may be made by the Government in this
behalf, Halqa Panchayat may impose one or more of the under mentioned taxes and
fees.
Taxes:
(i)
Taxes on
any trade, calling or profession within the jurisdiction of Halqa Panchayat
subject to the maximum limited as indicated ““
(a)
on person up to Rs. 50/-
per annum.
(b)
In the case of
theatre, cinema and other places of entertainment up to RS. 25/- per diem.
(ii)
A tax payable by
owner thereof on animals an vehicles kept within the area of Halqa Panchayat
and piled for hire at the following maximum rates:-
(a)
in the case of animals,
not exceeding Rs. 20/- per animal per annum;
(b)
in the case of
vehicle, not exceeding Rs. 50/- -per vehicle per annum;
(c)
in the case of
tractor, not exceeding Rs. 100/- per tractor per annum;
(iii) tax on boats;
(iv) pilgrim tax;
(v) A tax on gharats, rice husking mills, brick
kilns and oil mills;
(vi) Tax on hawkers and pheriwalas.
Fees:
(vii)
fees on
persons exposing goods and animals for sale in market or melas Belonging to or
under the control of Halqa Panchayat;
(viii)
Fees for the use of
slaughter houses and encamping grounds;
(ix)
Fees for temporary
occupation of village sites, roads and other similar public places or parts
thereof in the village;
(x)
Fee on application for
erection or re-erection of building;
(xi)
Adda fee;
(xii)
Fee for grazing of cattle in the grazing lands vested in Halqa
Panchayat;
(xiii)
Fee on cattle ponds;
(xiv) Fee on Tongas.
Any other tax:
(xv) Such other tax or fee as may be approved by the
Government.
Section 17 - Power of Entry for the purpose of valuation of taxation
The Sarpanch may authorize any person after giving twenty ““four
hours notice to the occupier, or if there be no occupiers, to the owner of any
building or land at any time between sunrise and sunset,-
(i)
to enter,
inspect and measure any building for the purpose of valuation;
(ii)
to enter and
inspect any stable, coach house or other place wherein there is a reason to
believe that there is any vehicle, vessel or animal liable to taxation under
this Act, or for which a license has not duly taken out.0.
Section 18 - Appeal against levy of tax or fee
(1)
An appeal against the
levy of tax or fee by the Halqa Panchayat shall lie to the prescribed
authority;
(2)
Where it is
brought to the notice of the prescribed authority that a tax, rate of fee has
not been imposed on any person on whom it should have been imposed, it may
after hearing him, direct the Halqa Panchayat to impose it on that person or
persons and the Halqa Panchayat shall thereupon act accordingly.
Section 19 - Recovery of dues as arrears of land revenue
Subject to such rules as may be made by the Government in this
behalf, all the taxes or fees levied under this Act by the Halqa Panchayat and
the moneys recovered as arrears of land revenue.
Section 20 - Revision of Taxation orders
Any person dissatisfied with the assessment under this Act, 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.
Section 21 - Audit of Panchayat Funds
The prescribed authority shall get the accounts of every Halqa
Panchayat audited every year in the manner prescribed.
Section 22 - Exemption from tax
Subject to any rule made under this behalf, 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.
Section 23 - Levy of fees on market etc.
It shall be lawful for a Halqa Panchayat to lease by public
auction or private contract the collection of any fees which may be imposed
under this Act, provided that the lessee shall give security for the due
fulfillment of the conditions of the lease.
Section 24 - Meetings of the Halqa Panchayat
(1)
Every Halqa Panchayat,
shall hold at its meeting at least once a month.
(2)
The meetings shall
be convened by the Sarpanch and in his absence Naib-Sarpanch; providing that
the first meeting after the constitution of Halqa Panchayat shall be convened
by the prescribed authority, after notifying the date therefor.
(3)
The procedure for
the conduct of business and maintenance of records, shall be such as may be
prescribed.
Section 25 - Functions of Sarpanch and Naib-Sarpanch
(1)
The Sarpanch shall
preside over the meeting of the Halqa Panchayat and shall be responsible for
maintenance of the records of Halqa Panchayat.
(2)
The Sarpanch shall
be generally responsible for the financial and executive administration of the
Halqa Panchayat and shall exercise administrative supervision anti-control in
accordance with the rules framed in this behalf, over the staff of the Halqa
Panchayat.
(3)
In the absence of
the Sarpanch, the Naib Sarpanch shall reside over the meeting of the Halqa Panchayat
and discharge the functions of the Sarpanch with regard to the financial and
administrative matters.
Section 26 - Staff
(1)
Subject to such rules as
may be made in this behalf, a Halqa Panchayat may employ such staff as is
necessary for carrying out the duties imposed on it by this Act and may
suspend, dismiss or otherwise punish such servants.
(2)
A Halqa Panchayat
will pay the remuneration to such servant out of the Halqa Panchayat Fund.
Section 27 - Constitution for Block Development Council
(1)
For every Block in the
state, Government shall, by notification, constitute a Block Development
Council bearing the name of the Block.
(2)
Every Block
Development Council shall be a body corporate having a perpetual succession and
a common seal and shall, by its corporate name, sue and be sued, subject to
such conditions or restrictions as Government may prescribe.
(3)
The Block
Development Council shall consist of ““
(i)
a Chairman;
(ii)
all Sarpanch of
Halqa Panchayat failing within the Block; and
(iii)
Chairman,
Marketing Society within the jurisdiction of the Block.
Section 28 - Chairman Vice-Chairman and Secretary
(1)
Every Block Development
Council shall have a chairman who shall be a person qualified to be elected as
a Panch and shall be elected in accordance with the provisions contained in
section 41;
(2)
Every Block
Development Council shall have a Vice-Chairman who shall be elected by the
members of the Block Development Council from amongst themselves.
(3)
The Block
Development Council shall be the secretary of the Block Development Council.
Section 29 - Term of Office
(1)
The term of office of
the chairman of the Block Development Council shall be five years from the date
he is declared elected as such by the Election Authority.
(2)
The term of the office of
the chairman and other members of the Block Development Council shall be
co-extensive with the term of their office as Sarpanch of the concerned Halqa.
Section 30 - Powers and Functions of the Block Development Council
The Block Development Council shall perform the following
functions:-
(i)
Constructions,
maintenance and supervision of Inter-Halqa Panchayat Communication System;
(ii)
Administrative and
technical guidance of Halqa Panchayats and review of their work;
(iii)
To supervise plans
relating to agriculture, rural development and animal husbandry/sheep
husbandry, social forestry, education and public health;
(iv)
Supervise and
monitor the implementation f poverty alleviation programme like, Integrated
Rural Development Programme, National Rural Employment Programme, Rural
Landless Employment Guarantee Programme;
(v)
Undertake measures
for effective supervision and monitoring of various developmental programmes;
(vi)
To carry out other
functions as may be entrusted to it by the Government or by the District
Planning and Development Board.
Section 31 - Powers and Functions of the Chairman and the Vice-Chairman
(1)
The chairman and in his
absence, the Vice Chairman, shall preside over the meeting of the Block
Development Council.
(2)
The chairman and in his
absence, the Vice Chairman, shall exercise the general control and supervision
over the staff and affairs of the Block Development Council.
Section 32 - Remuneration to chairman and members
(1)
The members of the Block
Development Council shall be entitled to such sitting fee, as may be prescribed
from time to time.
(2)
The chairman of
the Block Development Council shall be p[aid such honorarium as may be
prescribed, from time to time.
Section 33 - Property and Finances of the Block Development Council
(1)
Block Development
Council shall have the power to acquire, hold or dispose of property and enter
into a contract in accordance with the rules in force.
(2)
For every Block
Development Council, there shall be consisted a “Block Development Council
Fund” comprising grants made
for the Government having due regards to the number of Panchayat Halqas in a
Block and the reverse assigned by the District Planning and Development Board.
Section 34 - Meetings
(1)
Every Block Development
Council shall hold its meeting once in a month. The meeting shall be conveyed
by the Chairman, and in his absence by the Vice-Chairman.
(2)
The procedure for
the conduct of business and maintenance of records of the Block Development
Council shall be such as may be prescribed.
Section 35 -
The election to the Panchayat Halqa and chairman of the Block
Development Council shall be held under superintendence, direction and control
of the Chief Electrol Officer.
Section 36 - Electrol Roll
For every Halqa Panchayat there shall be on electoral roll, which
shall be prepared by the Election Authority in accordance with the provisions
of this Act.
Section 37 -
There shall be no bar of holding of election on party lines.
Section 38 - Disqualification for Registration in an Electrol Roll
A person be disqualified for registration in an electrol roll, if
he ““
(i)
is not a
permanent resident of the state;
(ii)
is of unsound mind
and stands so declared by a competent court;
(iii)
has not attained
age of 18 years.
Section 39 - Elections of Sarpanchs of Halqa Panchayat
Sarpanchs of Halqa Panchayats shall be elected by electorate of
the Halqa Panchayat.
Section 40 - Election of the Chairman of the Block Development Council
The Chairman of the Block Development Council shall be elected by
the Electoral College comprising of Panchs and Sarpanchs of Halqa Panchayat
falling with in block. The election shall be held in the manner as may be
prescribed.
Section 41 - Holding of Elections
(1)
The election to the
Halqa Panchayat shall be held one month prior to the expiry of term or within
six months from the date of supersession as the case may be.
(2)
The election of
the chairman of the Block Development Council shall be held one month prior to
the expiry of the term.
Section 42 - Nominations of candidates for election
(1)
Any person may nominate
himself as a candidate for election of Panch or Sarpanch of a Halqa Panchayat
if his name is included in the electrol roll of such Halqa Panchayat.
(2)
On or before the
date appointed for submission of nomination papers by the Election Authority,
every candidate for election of Panch or Sarpanch of a Halqa Panchayat or
Chairman Block Development Council shall deliver or cause to be delivered
through his agent to the Returning Officer a nomination paper completed in the
prescribed form and signed by the candidate.
(3)
A candidate shall
not deemed to be duly nominated for election from a Panchayat Constituency or
Block Development Council unless he deposited or causes to be deposited such
amount of security, as may be prescribed, for the election of the Panch,
Sarpanch or Chairman Block Development Council as the case may be.
Section 43 - Forfeiture of Security Deposit
The security deposit of a candidate shall be liable to be
forfeited if he polls less than 1/6th of the total valid votes polled.
Section 44 - Disputes regarding elections
(1)
the election of a person
as Sarpanch, Panch of a Halqa Panchayat or as a chairman of the Block
Development Council shall not be called in question except by in application
presented to such authority within such times an in such manner as may be
prescribed on the grounds that:-
(a)
the election has
not been a free election by reason that the corrupt practice of bribery or
undue influence has extensively prevailed at the election;
(b)
that the result of
the election has not been materially affected:-
(i)
by the improper
acceptance or rejection of any nomination; or
(ii)
by gross failures
to comply with the provisions of this Act or by the rules frame thereunder.
Section 45 - Power to make Rules
The Government may make rules for carrying out the purposes of
this Act. In particular and without prejudice to the generality of the
foregoing power, such rules may, provide:-
(i)
for all
matters expressly required or allowed by this Act to be prescribed by rules;
and
(ii)
for the procedure
for exercise of civil and criminal jurisdiction; imposition of penalties by the
Panchayati Adalat;
(iii)
procedure
regulating the conduct of elections to Panchayat Halqas and Chairman Block
Development Council;
(iv)
That a
contravention of any rule made under this Act shall be punishable with a fine
which may extend to fifty rupees.