JAMMU AND
KASHMIR PANCHAYATI RAJ (FOURTH AMENDMENT) ACT, 2018 THE JAMMU AND KASHMIR PANCHAYATI RAJ (FOURTH AMENDMENT) ACT, 2018 [Act No. 20 of 2018] [16th October, 2018] An Act to amend the Jammu and Kashmir Panchayati Raj Act, 1989. In exercise of the powers
vested under Proclamation No. P-1/18 of 2018 dated 20th June, 2018, the
Governor is pleased to enact as follows:-- (1)
This Act may be called the Jammu and Kashmir Panchayati Raj
(Fourth Amendment) Act, 2018. (2)
It shall come into force from the date of its publication in the
Government Gazette. In section 2 of the Jammu
and Kashmir Panchayati Raj Act, 1989 (hereinafter referred to as 'the principal
Act'), clause (mm) shall be omitted. After Chapter I of 'the
principal Act', the following Chapter shall be inserted, namely:-- "CHAPTER I-A Ward Majlis and Halqa Majlis (1)
For every ward of the Halqa Panchayat as may be determined in
accordance with the provisions of clause (f) of sub-section (1) of section 2,
there shall be a Ward Majlis. (2)
All adult persons of the ward whose names are included in the
electoral rolls relating to Halqa Panchayat shall be deemed to be constituted
as Ward Majlis of such Halqa Panchayat. (3)
The Ward Majlis shall meet at least once in three months. The
procedure for convening and conducting the meeting of the Ward Majlis shall be
such as may be prescribed: Provided the Ward Majlis
can meet more often for implementing Government programmes. (4)
The meeting of the Ward Majlis shall be presided over by the Panch
or in his/her absence by a member of the Ward Majlis, to be elected for the
purpose, by the majority of the members present in the meeting. (5)
The quorum of the meeting of the Ward Majlis shall be not less
than one-tenth of the total members. (6)
All resolutions in respect of any subject in the meeting held
under this section shall be passed by a majority of the members present and
voting. (7)
Notwithstanding anything contained in sub-section (1) a special
meeting of Ward Majlis shall be convened where atleast ten per cent of the
voters of the ward make a request in writing specifying the subject for the
meeting: Provided that no two special
meetings shall be held within a period of three months. The functions of the Ward
Majlis within its respective jurisdiction shall be to assist the Halqa Majlis
and also include the following functions:-- (i)
to render assistance to the Halqa Panchayat in collection and
compilation of details required for formulation of development plans; (ii)
to generate proposals and fix priorities for development schemes
and programmes to be implemented in the area of the Ward Majlis; (iii)
to identify beneficiaries in order of priority, for the
implementation of development schemes pertaining to the area of Ward Majlis; (iv)
to render assistance in effective implementation of development
schemes; (v)
to suggest the location of public utilities, amenities and
services like street lights, community water taps, public wells, public
sanitation units, irrigation facilities etc.; (vi)
to formulate schemes and impart awareness on matters of public
interest like cleanliness, preservation of environment, prevention of
pollution, guarding against social evils etc.; (vii)
to promote harmony and unity among various groups of people; (viii)
to verify the eligibility of persons getting various kinds of
welfare assistance from Government such as pensions and subsidies; (ix)
to collect information on the detailed estimates of works proposed
to be taken in the area; (x)
to undertake social audit of all works implemented in the area and
award completion certificate for such works; (xi)
to promote literacy, education, health, childcare and nutrition; (xii)
to assist the activities of parent-teacher associations in the
area; and (xiii)
to exercise such other functions as may be prescribed. (1)
There shall be a Halqa Majlis for each Halqa Panchayat consisting
of such persons whose names have been included in the electoral rolls relating
to the village or the group of villages comprised within the area of the Halqa
Panchayat. (2)
The meetings of the Halqa Majlis shall be convened by the Sarpanch
of the Panchayat or, in his absence, by the Naib-Sarpanch of such Panchayat. In
the event of both, the Sarpanch and the Naib-Sarpanch being absent, a meeting
of the Halqa Majlis shall be presided by one of the Panch authorized by the
Halqa Majis. (3)
The procedure for convening and conducting the meeting of the
Halqa Majlis shall be such as may be prescribed. (4)
There shall be at least two meetings of the Halqa Majlis every
year, one in the first and the other in the last quarter of the financial year: Provided that in case of
urgency, the meeting of the Halqa Majlis may be convened earlier in accordance
with the procedure as may be prescribed in this behalf. (5)
Secretary Panchayat shall record the minutes of the meeting of
Halqa Majlis and shall be responsible for the correct recording of the minutes
of the meetings. (6)
The quorum of the meeting of the Halqa Majlis shall be not less
than one-tenth of the total members. (7)
Any resolution relating to the matters entrusted to the Halqa
Majlis under this section, shall have to be passed by a majority of votes of
the members present and voting in the meeting of the Halqa Majlis. The functions of the Halqa
Majlis within its respective jurisdiction shall be to assist the Halqa
Panchayat and also include the following functions:-- (i)
to approve the plans, programmes and projects for social and
economic development in order of priority, out of the plans, programmes and
projects approved by the Ward Majlis before such plans, programmes and projects
are taken up for implementation by the Panchayat; (ii)
to identify or select persons as beneficiaries under poverty
alleviation and other programmes, in order of priority out of the persons
identified by the various Ward Majlis coming under its jurisdiction; (iii)
to conduct social audit as per prescribed procedure in respect of
funds utilized under different schemes in wards; (iv)
To mobilize voluntary labour and contribution in kind or cash or
both for the community welfare programmes; (v)
to promote literacy, education, health and nutrition; (vi)
to promote unity and harmony among all sections of the society in
such area; (vii)
to seek clarifications from the Sarpanch and members of the
Panchayat about any particular activity, scheme, income and expenditure; (viii)
to identify and approve development works in order of priority
from out of the works recommended by the Ward Majlis; (ix)
to plan and manage minor water bodies; (x)
to manage minor forest produce; (xi)
to exercise control over institutions and functionaries in all
social sectors; (xii)
to exercise control over local plans and resources for such plans including
tribal sub-plan; (xiii)
to consider and approve the recommendations made by each Ward
Majlis in the area of such Panchayat Halqa; and (xiv) such
other functions as may be prescribed." In section 7 of 'the
principal Act', in clause (iv), for the words "six consecutive
meetings", the words "three consecutive meetings" shall be
substituted. Section 8-A of 'the
principal Act' shall be omitted. Section 9 of 'the principal
Act' shall be substituted by following section, namely:--"9. Appointment
of Administrator (1)
(a) If the Government is satisfied that a Halqa Panchayat for a
village or a group of villages immediately after the establishment of such
Halqa Panchayat cannot be constituted by reason of,-- (i)
any difficulty in holding the election of the members of the Halqa
Panchayat; or (ii)
failure to elect such members at two successive elections held
under the provisions of this Act; or (iii)
any other sufficient reason whatsoever or, (b) If at any general
election to a Halqa Panchayat no member is elected or less than one-third of
the total members are elected; the
Government shall by notification appoint an administrator, who is an employee
of the Government. (2) If in the
opinion of the Government, or any other officer authorized by it, but not below
the rank of Additional District Magistrate, a Halqa Panchayat is incompetent to
perform or persistently makes default in the performance of duties imposed on
it by or under any of the provisions of this Act, or otherwise through Government
instructions, the Government or such officer after the approval of the
Government may, by notification, based on the recommendations of the Ombudsman,
supersede such Halqa Panchayat and appoint an Administrator, who is a employee
of the Government for carrying out the work of Halqa Panchayat: Provided that no order
under this sub-section shall be passed unless Halqa Panchayat is called upon to
show cause why such order shall not be passed: Provided further that
explanation tendered by the Halqa Panchayat shall be forwarded to the Ombudsman
appointed under the Jammu and Kashmir Ombudsman for Panchayats Act, 2014 for
consideration and recommendation to the Government or officer authorized by it. (3)
The period of supersession shall not exceed six months during
which the elections for the said Halqa Panchayat shall be held. (4)
The Administrator appointed under this section shall hold office
for such period not exceeding six months as the Government or officer
authorized by it, may specify in the notification under sub-section (1) or
sub-section (2). (5)
On the appointment of an Administrator under this section:-- (i)
the persons, if any, chosen as members of Halqa Panchayat,
including Sarpanch before such appointment shall cease to be members of Halqa
Panchayat and all the powers and duties of the Halqa Panchayat including
Sapranches shall be exercised and performed by such Administrator; (ii)
the funds and other property vested in the Halqa Panchayat shall,
during the period of supersession, vest in the Administrator appointed under
this section. (6)
The Administrator shall be deemed to be duly constituted Halqa
Panchayat for the purposes of this Act, notwithstanding anything contained in
the foregoing provisions." Section 10 of 'the
principal Act' shall be substituted by the following section, namely:-- "10.
Remuneration to Sarpanch and PanchesEvery Sarpanch and Panch shall be entitled
to such monthly honorarium as may be specified by the Government." In section 11 of 'the
principal Act', for the words "resign his office and", the words
"resign his office and on acceptance of his resignation by such
authority", shall be substituted. Section 12 of 'the
principal Act', shall be substituted by the following section, namely:-- Powers
and functions of Halqa Panchayat (1) The Halqa
Panchayat shall perform the functions specified in Schedule I-A: Provided that where the
Government provides funds for the performance of any function specified in
Schedule I-A, the Halqa Panchayat shall perform such function in accordance
with the guidelines or norms laid down for performing such function. (2)
Notwithstanding anything contained in sub-section (1) and Schedule
I -A subject to the provisions of this Act, it shall be the duty of each Halqa
Panchayat to make provision for the following subject to, the availability of
funds at its disposal? (i)
to prepare the plans for the development of the Halqa in
consultation with Halqa Majlis and their timely submission to Block Development
Council for consolidation; (ii)
to undertake measures for the implementation of the development
plans; (iii)
to specifically deal with the problems of soil conversation, water
management, social forestry, rural industrialization, agriculture, sheep and
animal husbandry, sanitation, health and other welfare programmes; (iv)
regulation of buildings, shops and entertainment houses and
checking of offensive 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 and festivals; (viii)
preparation and implementation of special development plans for
alleviating poverty and employment generation as may be notified by Government
from time to time; and (ix)
all matters involving regulation, supervision, maintenance and
support, incidental to, or necessary for the more efficient discharge of the
above functions and those which may be entrusted to Halqa Panchayat under the
provisions of the Act. (3)
The Halqa Panchayat shall also conduct concurrent and quarterly
social audit of all works/schemes/projects being implemented in the Panchayat
area as per procedure to be notified by the Government. (4)
The Halqa Panchayat shall also perform such other functions and
duties as may be assigned or entrusted to it by the Government, the District
Planning and Development Board and the Block Development Council within the
area in which Halqa Panchayat is constituted." In section 14 of 'the
principal Act', after sub-section (1), the following sub-section shall be
inserted, namely:-- "(2)
The Halqa Panchayat shall have power to operate the funds, grants etc.
specified in Schedule I-C in the manner prescribed." Section 15 of 'the
principal Act' shall be substituted .by following section, namely:-- Imposition
of fee by the Halqa Panchayat (1) Every
Halqa Panchayat shall in such a manner and in accordance with such rules as may
be notified by the Government, impose a fee on commercial buildings subject to
such exemptions as may be prescribed: Provided that where an
owner of the building has left the Panchayat area or cannot otherwise be found,
the occupier of such building shall be liable for the fee leviable on such
owner. (2)
A Halqa Panchayat may also levy fee on all or any of the following
items at such rates as may be determined by the Halqa Panchayat and subject to
such exemptions as may be notified by the Government from time to time,
namely:-- (a)
Fee on entertainment; (b)
Fee on advertisements and hoardings; (c)
Fee on commercial tractors kept in area of the Halqa Panchayat; (d)
Fee on business and professions within the jurisdiction of Halqa
Panchayat like on rice husking mills, saw mills, Flour mill/rice mills,
Gharats, Brick Kilns, Oil Mills, Slaughter houses, Petrol Pumps, Private
hospitals/labs/diagnostic-centre, Soda/ice/ice-cream factory, Spice grinding
mills, Motor Vehicle/Tractor dealers, Liquor Shops, Hot wet mix plant/Stone
crushers, Poultry/Dairy Farms/Horse Traders, small scale industrial units,
Mobile towers, power plants printing presses, Kerosene Oil/Ration dealers etc. (e)
Fee on contractors for executing such works allotted to them by
the Government within the jurisdiction of Halqa Panchayat; (f)
Fee on travel agents/transport agencies; (g)
Fee for organizing Melas, festivals etc. where necessary
arrangement for the water supply, health and sanitation are to be made by the
Halqa Panchayat or where such Melas or festivals are held on Panchayat lands; (h)
Fee on registration of shops/other commercial establishments in the
jurisdiction of Halqa Panchayat; (i)
Fee on Buses, other passenger vehicles and commercial vehicles on
account of halt age within the jurisdiction of Halqa Panchayat for providing
adequate facilities for the travelers by the Gram Panchayat; (j)
Fee on cattle pounds; (k)
Fee on road cutting for laying optical fiber cable; (l)
Royalty for extraction of minor minerals from local nallahs not
falling under the ambit of Geology and Mining Department and not exempted from
royalty under any specific provision of law; (m)
Penalty for use of plastic or polythene and for open defecation; (n)
Sanitation cess; (o)
Such other fee as may be approved by the Government: Provided that the
Government may at any time after giving an opportunity to the Halqa Panchayat
cancel or modify or alter rate of any fee imposed under this section". After section 15 of 'the
principal Act', following section shall be inserted, namely:-- "15-A.
Revision of Fee and RatesThe Halqa Panchayat may revise the fees and rates
leviable under section 15, at the most once, in a two year period." In section 16 of 'the
principal Act', for the word "Sarpanch", the words "Halqa
Panchayat", shall be substituted. In section 19 of 'the
principal Act', the full stop (.) at the end shall be substituted by colon (:)
and thereafter following proviso shall be added, namely:-- "Provided that no such
revision shall be made unless an opportunity of being heard is provided to the
Halqa Panchayat which has made assessment under this Act." In section 26 of 'the
principal Act', after sub-section (2), the following sub-section shall be
inserted, namely:-- "(3)
The Government shall also provide the staff to the Halqa Panchayat as specified
in Schedule I-B for carrying out the purposes of this Act." In section 30 of 'the
principal Act', for the words "Panches and Sarpanches", the words
"Sarpanches", shall be substituted. Section 31 of 'the
principal Act', shall be substituted by the following section, namely:-- Powers
and functions of Block Development Council (1) The Block
Development Council shall perform functions specified in Schedule II-A: Provided that where the
Government provides funds for the performance of any function specified in
Schedule II-A, the Block Development Council shall perform such function in
accordance with guidelines or norms laid down for performing such function. (2)
Notwithstanding anything contained in sub-section (1) and Schedule
II-A, and subject to the provisions of this Act, it shall be the duty of each
Block Development Council to perform the following functions:-- (i)
compilation of all Panchayat level plans and their timely
submission to District Planning and Development Board for integration with
District Plan; (ii)
preparation of all Block Level Plans and timely submission of the
same to the District Planning and Development Board for integration with
District Plan; (iii)
construction, maintenance and supervision of Inter-Halqa Panchayat
Communication System; (iv)
administrative and technical guidance to Halqa Panchayats and
review of their work; (v)
to supervise plans relating to agriculture, rural development,
animal husbandry/sheep husbandry, social forestry, education and public health; (vi)
monitor such programs as may be notified by the Government from
time to time, including MGNREGA, National Rural Livelihood Mission, Prime
Minister Awas Yojna, Integrated Watershed Management Programme, Mid-day Meal
Scheme and Integrated Child Development Services; (vii)
undertake measures for effective supervision and monitoring of
various developmental programmes; and (viii)
to carry out such other functions as may be entrusted to it by the
Government or by the District Planning and Development Board. (3)
In order to carrying out the functions under this section, the
Government shall provide the staff as specified in Schedule II-B to the Block
Development Council." In section 34 of the 'the
principal Act' after sub-section (2), the following sub-section shall be added,
namely:-- "(3)
The Block Development Council shall have power to operate funds, grants etc.,
specified in Schedule II-C in the manner prescribed." In section 46 of 'the
principal Act', in sub-section (1) clause (ii) shall be substituted by the
following clauses, namely:-- "(ii)
to review periodically progress and achievements of developmental plans and
schemes and make recommendations to the Government and Halqa Panchayats as it
considers appropriate. (ii-a) to
receive all Block Level Plans and Consolidated Panchayat Plans from Block
Development Council; compile, consolidate and integrate all plans into the
District Plan and forward to the State Finance and Planning Department which
shall form the basis for the State Plan." In section 61 of 'the
principal Act', for the words "fifteen years of age", the words
"eighteen years of age", shall be substituted. After section 79 of 'the
principal Act', the following section shall be inserted, namely:-- "79-A. Government's
power to specify the role of Panchayats (1)
The Government may, by general or special order, specify from time
to time, the role of Halqa Panchayats, Block Development Council, in respect of
the programmes, schemes and activities related to the functions specified in
the Schedules, in order to ensure properly coordinated and effective
implementation of such programmes, schemes and activities. (2)
The Government may, by notification, in the Government Gazette add
any activity, programme or scheme to those covered by or mentioned in
Schedules. On the issue of such notification, the Schedules shall be deemed to
have been amended accordingly. Every such notification shall be placed before
each House of the State Legislature." After Schedule appended to
the Act, the following Schedules shall be added, namely:-- "SCHEDULE I-A (See Section 12) General (1)
It shall be the duty of the Halqa Panchayat, to meet the
requirements of the Halqa Panchayat area, subject to availability of funds, in
respect of the matters enumerated in this Schedule and also as elaborated in
the responsibility mapping in respect of Halqa Panchayats. (2)
Subject to the other provisions of this Act and the guidelines and
with the assistance of Government, financial, technical or otherwise, the Halqa Panchayat shall have the
power to administer the matters enumerated in this Schedule and to prepare and
implement schemes relating thereto for development and social justice purposes.
Planning and implementation of all Centrally Sponsored Schemes in the Halqa
Panchayat which are in operation or to be launched by the Government of India,
as the case may be shall also be the responsibility of the Panchayats. (3)
Halqa Panchayat shall prepare the plans for and to implement all
schemes in accordance with the provisions contained in the guidelines of the
schemes and instructions issued by the Government of India and State Government
from time to time. (4)
The Halqa Panchayat shall carry out its functions in accordance
with the set of guidelines for estimation of the projects as well as
expenditure sanction issued by the Government. (5)
General Functions:-- (i)
Preparation of annual plans for the development of the Panchayat
area in general and separately under all schemes/programmes as per the targets
assigned by the District Planning and Development Board (DP&DB). (ii)
Preparation of annual budget. (iii)
Providing relief in natural calamities. (iv)
Removal of encroachments on public properties. (v)
Organizing voluntary labour and contribution for community works. (vi)
Maintenance of essential statistics of the villages. (vii)
Identification of beneficiaries for all beneficiary oriented
programmes/schemes. (viii)
Repair/maintenance/upkeep of all Government assets. (ix)
Supervision and inspection of all primarily level institutions
like primary schools, primary health centers, primary veterinary
centers/veterinary dispensaries, artificial semination centres, first aid
centers etc. (x)
To act as Grievance Redressal Forum for the Halqa Panchayat. (xi)
To undertake constructions from Halqa Panchayat fund (own
resources) within the area of the Halqa Panchayat. (xii)
To undertake awareness generation and mobilization of community
for all Government priority areas like sanitation, renewable energy, sex ratio
improvement, skill development, water conservation, waste to energy, financial
inclusion etc. as prescribed from time to time. (6)
Specific Functions:-- (7)
Agriculture, Horticulture, Animal Husbandry, Sheep Husbandry and
Fisheries:-- (i)
Preparation of and supervision of activities under a comprehensive
village Horticulture/Agriculture/Sericulture plan in consultation with Halqa
Majlis (Gram Sabha) so as to increase production. (ii)
Preparation of Annual plans and identification of beneficiaries
under ATMA, MIDH, PMGSY, Blue Revolution, PMKSY or any other scheme in force or
introduced in future and their submission to Block Development Council. (iii)
Preparation of plans regarding development of waste lands and
grazing lands to ensure optimum utilization of land. (iv)
Establishment and maintenance of nurseries with Halqa Panchayat
funds (own resources). (v)
Preparation, recommendation and supervision of plan for farm
mechanization. (vi)
Preparation and supervision of plans for soil, water conservation
and seed protection. (vii)
Preparation of watershed management plans and their
implementation. (viii)
Supervision of Agriculture Insurance Plans and their
implementation. (ix)
Facilitate agriculture/horticulture extension activities including
farm schools, exposure visits, crop protection and pest management campaigns,
demonstrations etc. (x)
Supervise preparation of loss statements in the event of
disasters. (xi)
Distribution of inputs. (xii)
Promote the formation of milk/wool/poultry farming/co-operative
societies. (xiii)
Monitoring and supervision of milk collections centers/societies. (xiv) Identification
of sites for establishment and management of public market facilities (mandies)
at Halqa Panchayat for promotion of rural farm products, craft products and
display of market prices at such mandies. (xv)
Regulation and conduct of fairs and festivals including cattle
fair. (xvi) Providing
storage and cold storage facilities for agro/horticulture products. (xvii) Facilitate
farmers for direct marketing and e-Marketing of agriculture/horticulture
produce. (xviii)
Preparation of plan to enhance milk/broiler/egg production and its
by-products (xix) Facilitate
hand holding of private entrepreneurs. (xx)
Promote collaborative co-operative model for dairy farmers. (xxi) Promote
fodder development, vermi-composting and organic farming in the area. (xxii) Supervision
of Primary Veterinary Centers, Veterinary dispensaries and first aid centers. (xxiii)
Construction and maintenance of buildings of the Department in the
panchayat areas, wherever transferred to the Halqa Panchayats. (xxiv)
Identification of fish farmers for training in fish culture and
arranging their training with the assistance of Department of Fisheries. (8)
PHE, Irrigation and Flood Control Department:-- (i)
Planning, construction, renovation and maintenance of all minor
irrigation projects with 0-5 hectares area within the Halqa Panchayat area. (ii)
Maintenance and implementation of timely and equitable
distribution and full use of water of all such minor or micro irrigation
projects within 0-5 hectares at Halqa Panchayat level. (iii)
Development of plan for and implementing ground water recharging
and rain water harvesting schemes/projects. (iv)
Mapping and management of records of all water sources within the
Halqa Panchayat area. (v)
Maintenance of hand pumps through manpower provided by the
department. (vi)
Maintenance of irrigation channels and khuls. (vii)
To take measures for prevention and control of water pollution. (viii)
Identification and supervision of potential/existing schemes. (ix)
Preparing a chlorination roster for all water supply
schemes/reservoirs within Halqa Panchayat area and ensuring display of dates of
chlorination. (x)
Collecting the required data/information for planning on quality
and coverage of drinking water schemes. (xi)
Maintenance of traditional drinking water sources. (xii)
Collection of water samples from drinking water sources for
testing. (xiii)
Assisting authorities to regulate over exploitation of ground
water. (xiv) Collection
of user charges, where necessary. (xv)
Maintenance of piped water supply schemes to the extent
transferred to the Halqa Panchayats. (xvi) Provision
and maintenance of water purification devices in schools/anganwadi
centers/health institutions out of own resources. (9)
Forest/Social Forestry:-- (i)
Afforestation on waste land. (ii)
Development of social forestry and farm forestry, disposal of
social forestry produce. (iii)
Growing trees for cattle feed, fire wood and fruits. (iv)
Implementation of farm forestry. (v)
Establishment of nurseries and their management. (vi)
Management of minor forest produce excluding reserved forest,
protected forest and wildlife protected area. (vii)
Planning and implementation of social forestry and farm forestry
projects. (viii)
Planting and preservation of trees on the road side and other
public places under control of Halqa Panchayat. (ix)
Protection of forest area from encroachments and reporting of any
illegal activity to the concerned officer/official. (x)
Identification of sites for CAMPA/afforestation activities under
different schemes/plans. (xi)
Supervision/protection of wildlife. (xii)
Constitution of fire protection committees to assist Forest
Department in extinguishing forest fires in coordination with the local people. (10)
Tourism:-- (i)
Identification and proposing development of tourist spots in the
Halqa Panchayat area. (ii)
Facilitation of tourism activities. (iii)
Providing and maintenance of basic amenities at tourist centers
entrusted to Halqa Panchayat. (iv)
Collection of entry fees, parking fees other than at places
maintained by Archaeological Survey of India or by other local authorities or
Government Departments. (11)
Public Works (R&B Department):--Planning and construction of
works transferred to Halqa Panchayats. (12)
6. Rural electrification, power and energy:-- (i)
Installation and maintenance of street lights at public streets
and places. (ii)
Planning, establishment, maintenance and promotion of small
conventional and non-conventional energy units like solar, including roof top
solar panel installation, bio-gas, wind mill, micro hydro electricity plants
with Halqa Panchayat funds. (iii)
Sale of excess non-conventional energy to others. (iv)
Identification of left out houses/new constructions for
electrification. (v)
Collection of user charges on behalf of Power Development
Department on an incentive basis to be decided and notified and ensuring 100%
metering in its area. (13)
Disaster Management:-- (i)
Conducting survey to identify disaster prone localities (ii)
Creation and maintenance of disaster management facilities. (iii)
Identification of local resources in the form of manpower and
funds to meet the eventuality of disaster. (iv)
Creation of disaster management committees at village level;
identification and registration of civil defense personnel. (v)
Identification of youth for disaster management training. (vi)
Providing relief and compensation to victims of disasters with
Halqa Panchayat's own resources and as per guidelines issued by Government. (14)
Libraries:--Creation, management and monitoring of Halqa Panchayat
level libraries and reading rooms including providing of seating facilities,
books and their computerization through own resources. (15)
Sports and Cultural Activities:-- (i)
Establishment and maintenance of play fields inside schools and on
village lands. (ii)
Protection and reviving cultural activities at Halqa Panchayat
level. (iii)
Promotion of youth clubs. (iv)
Assisting poor and indigent artists. (v)
Maintenance of communal and religious harmony. (vi)
Construction and management of cultural centers, community halls,
open air theatres at Halqa Panchayat and cluster level. (vii)
Organization of youth festivals/sport events, art and culture
events, plays, dramas at Halqa Panchayat and cluster level. (viii)
Providing life skill education, leadership training and conducting
recreational activities for youth. (16)
Health and Family Welfare Department:-- (i)
Forwarding of proposals and getting sanctions from competent
authority for the establishment of dispensaries/health sub-centers at Halqa
Panchayat level. (ii)
NOC for Licensing of eateries and entertainment establishments. (iii)
Management of stray dogs/street dogs/stray cattle; identification
of sites for management of animal pounds. (iv)
Implementation of preventive and remedial measures against
epidemics. (v)
Monitoring of maternity and child welfare centers and ensure 100%
vaccination of all children and pregnant ladies. (vi)
Regulation of sale of meat, fish and other perishable food
articles. (vii)
Constitution of "Health and Family Welfare Advisory
Committee" consisting of Panch of village/ward, opinion leaders, trained
birth attendant, Male/Female Health Worker, ASHA (Member-Secretary), Government
employees and honorarium paid-staff viz. school teacher, Anganwadi worker etc.,
NGO/Women SHG/Community based organization representatives etc. to oversee the
functioning of each health institution and improvement thereof; to ensure that
the functionaries of the sub-centres are residing at the place of posting; the
committee shall be chaired by Sarpanch of the Halqa Panchayat in whose area the
institution falls; the committee shall submit a Quarterly Accountability Report
to the Block Development Council. (viii)
The above committee shall also function as Village Health
Sanitation and Nutrition Committee under NHM. The funds allocated to the VHSNC
under NHM shall be operated through a joint account held by PRI member and ASHA
as provided under NHM guidelines. (ix)
Registration of all pregnant ladies with the nearest health centre
through ASHA's and ensuring anti-natal and post natal care and benefits under
Janani Suraksha Yojana, Janani Shishu Suraksha Karyakram are extended to the
mother and child. (x)
Supervising and facilitating "School Health Check up
Programmes" under RBSK or any other scheme and monitoring that all
children recommended for next level of care avail of the same. (xi)
Chlorination of wells/bowlies; cleaning of roads and drains;
sanitation and restrain of stray dogs cattle (As per Prevention of Cruelty to
Animals Act, 1960 with amendments thereof). (xii)
Reporting the outbreak of Gastroenteritis/malaria/dengue and/or
any other epidemic/disease outbreak and starting measures for containment with
the assistance of Health Committees. (xiii)
Educating the community for adopting Family Planning
methods/immunization etc. and organizing camps thereof. (xiv) Reporting
of Births and Deaths. (xv)
Identify sub-centre for upgradation to health and wellness centers
under Ayushman Bharat and monitoring of services provided by them. (xvi) Introduction
of Participatory Rural Appraisal (PRA) for all Health Programmes and their
proper implementation. (xvii) Field
visit report to be submitted to BDC on monthly basis. (17)
Social Welfare Department:-- (i)
Identification of beneficiaries and implementation of the
Supplementary Nutrition Programme under ICDS. (ii)
Identification of sites for construction of Anganwadi Centres. (iii)
Supervision and management of Anganwadi Centres to the extent
transferred to Halqa Panchayat. (iv)
Construction/repair/renovation of buildings for AWCs to the extent
transferred to Halqa Panchayat. (v)
To coordinate with Mahila Mandals in smooth functioning of the
programme. (vi)
Identification of beneficiaries under Pradhan Mantri Matritva
Vandana Yojna (PMMVY) and Scheme for Adolescent Girls (SAG) (vii)
Identification of beneficiaries under National Social Assistance
Programme (NSAP) and Integrated Social Security Scheme (ISSS); verification of
existing pensioners and weeding out of dead/non-eligible cases. (viii)
To disburse all payments under NSAP and ISSS. (ix)
Identification of beneficiaries for Bal Ashrams/Nari Niketans and
other childcare institutions. (x)
Identification of children in need of care and protection under
Integrated Child Protection Scheme through child welfare committees and
District Child Protection units. (xi)
Coordinate with Block Development Council in execution of schemes
for the welfare of SCs/STs/OBCs/Minorities/Disabled/Old aged/Destitutes/Widows/Children. (xii)
Identify discriminatory practices against SCs/STs and report to
Block Development Council/District Planning and Development Board/concerned
authorities for action. (xiii)
Identify Scheduled Caste/Scheduled Tribe basties and suggest
measures for their socio-economic upliftment. (xiv) Coordinate
with Block Development Council and District Planning and Development Board in
creating awareness among the people about the ill effects of drug abuse/female
feticide/domestic violence and also implementation of all schemes including
Poshan Abhiyan, Ladli Beti, One Stop Centre, Beti Bachao Beti Padhao or any
other scheme introduced in future. (xv)
Coordinate with Block Development Council and District Planning
and Development Board in creating awareness among the people about laws enacted
to prevent domestic violence against women. (18)
Consumer Affairs and Public Distribution Department:-- (i)
To act as grievance redressal agency and issue directives to Fair
Price Shops/Government Sale Centres as and when required. (ii)
To identify and recommend elimination of bogus ration cards and
issue new ration cards. (iii)
Supervise functioning of the Fair Price Shops/Government Sale
Centres under the jurisdiction of the Halqa Panchayat. (iv)
To assist Block Development Council in preparing plans of action
to link Public Distribution System with Integrated Child Development Scheme and
Mid-Day Meals Scheme etc. (v)
Identification of beneficiaries under different categories on
yearly basis i.e. AAY, PHH, NPHH and deletion. (vi)
Recommend opening of new fare price shops/kerosene oil depots
wherever required. (19)
Rural Development Department:-- (20)
?General Functions? (21)
Cleaning and preservation of public roads, drains, bathing ghats,
tanks, wells, ponds and other public places. (22)
Establishment and maintenance of burial and cremation grounds. (23)
Lay emphasis on natural resource management works, water
conservation, watershed management, vermi-composting etc. (24)
Construction and maintenance of cattle farm, community cattle
sheds, pounds, village bus stand, rickshaw stand, taxi, auto stand, cart stand,
slaughter houses and commercial complexes and collection of user fee for the
purpose. (25)
MGNREGA:-- (26)
Preparation of labour budget, shelf of projects and Annual Action
Plan in coordination with Gram Sabha through regular Gram Sabha meetings and
implement MGNREGA in the Halqa Panchayat strictly as per guidelines prescribed. (27)
?Execution of works in
accordance with the Annual Action Plan/District Convergence Plan approved by
District Planning and Development Board (80% of the district plan to be
devolved to Panchayats and 20% to the District Development Commissioner for
Inter-Panchayat works) (28)
Convening the Halqa Majlis (Gram Sabha) for social audit under the
scheme and providing all information to the social audit team required for
audit. (29)
Receiving applications for job cards and labour demand for work
and issuing dated receipt against the same. (30)
Issuance of job cards to the households within one month of
application. (31)
Ensuring the applicants who demand labour get work within the
statutory period of 15 days and pay unemployment allowance from own funds in
case of failure to do so. (32)
Ensuring preparation of Muster-sheet within 15 days of start of
work and preparation of fortnightly Muster-sheets thereafter. (33)
Ensure wage payment to wage seekers within 15 days of preparation
of muster-sheets and pay delay compensation from own resources in case of
failure to do so. (34)
Organization of Gram Rozgar Diwas on 1st of every month and Mahila
Mazdoor Diwas on 15th of every month. (35)
Provision of work site facilities like drinking water, first aid,
childcare facilities in case of 10 children or more being present on site etc. (36)
Accord administrative approval for and make payments for the works
under MGNREGA as per rules prescribed. (37)
Act as custodian of all panchayats related records and ensure
maintenance of Panchayat Asset Register, case records for each individual work
and Registers as prescribed under MGNREGA. (38)
Maintenance of 60:40 (labour material ratio) at GP level under
MGNREGA. (39)
Awareness generation and social mobilization under scheme. (40)
Registration of vendors for supply of Key Material viz. sand,
stone, bajri at GP level. (41)
Rural Sanitation (SBM):-- (i)
Development of health and sanitation policy and its implementation. (ii)
Planning and implementation of Halqa Panchayat level sanitation
programme for households, public places and all local institutions and
collection of user charges for the same where necessary. (iii)
Sensitization of community towards maintenance of sanitation/Solid,
Liquid Waste Management (SLWM)/waste to energy. (iv)
Identification of land and establishment of Solid Liquid Waste
Management Unit in consultation with State Technical Advisory Committee,
District Water and Sanitation Committee and Block Level Committee. (v)
Collection, segregation and transport of solid waste to multi
village solid waste management plants. (vi)
Construction and maintenance of individual, community toilets and
bathrooms and sanitary complexes. (vii)
Disposal of unclaimed corpses and carcasses, regulation of curing,
tanning and dyeing of skins and hides. (viii)
Survey of quantity and type of waste generation and assessment of
demand for establishment of Solid Liquid Waste Management Unit. (ix)
Sensitization and policy planning about menstrual health;
implementation and construction of pink toilets; regular refilling and
operation and maintenance of vending machines and incinerators in pink toilets. (x)
Pradhan Mantri Awas Yojana (PMAY):-- (42) Verification
of PMAY SECC lists through Halqa Majlis (Gram Sabhas) and set priorities for
grant of houses. (43) Identification
and uploading of non-SECC beneficiaries into Awaas plus software. (44)
Prepare special lists for disaster affected families within the
SECC list. (45)
Identification of persons for mason training and ensure conduct of
mason trainings as per guidelines. (46)
Ensure timely sanction of houses and disbursal of installments to
the beneficiaries. All beneficiary funds under PMAY shall be devolved to the
Halqa Panchayats. (47)
?It shall be responsibility
of the Panchayats to ensure completion of houses within nine months of
disbursal of first installment. (48)
IWMP:-- (i)
Identification of water shed areas, ponds, barren lands etc. for
development under IWMP. (ii)
Creation of Water Shed Development Committees in the project area
through Halqa Majlis (Gram Sabha). (iii)
Identification of works to be taken up under Water Shed Project
Area. (iv)
Execution of works at the Panchayat level through Water Shed
Development Committees. (49)
Education Department:-- (i)
Ensure 100% enrolment of school age children in Primary Schools
and ensure transition of students from one class to another without drop-out
incidence. (ii)
Oversee the utilization of School Maintenance Grant (SMG),
Teaching Learning Material (TLM) and Teacher Learning Equipments (TLE) as per
norms in Primary Schools. (iii)
Oversee and monitor the distribution of study material, uniform
and scholarships to the target group students in Primary Schools. (iv)
Preparation and distribution of Mid-Day Meal in Primary Schools
through local Self Help Groups (SHGs)/NGOs/Community Level Organizations for
which the funds shall be transferred to Panchayats. The Halqa Panchayat shall
also ensure weekly quality check of the Mid-Day Meal through designated
agencies and take immediate action, if any, adverse reports are received. (v)
Ensure regular meetings of the Village Education Committees and
School Management Committees at primary school level and report on their
functioning. (vi)
Assess and plan requirement of drinking water and toilet
facilities in Primary Schools and ensure it is met. (vii)
Monitor regular attendance of Primary School and Middle School
teachers, non-teaching staff and students and report to ZEO/CEO/DDC. (viii)
Construction of Primary/Middle Schools to the extent transferred
to Halqa Panchayat. (ix)
Planning, establishment and management of hostels for backward
classes/groups, girls, specially abled, minority groups and orphans at Primary
School level through NGOs/SHGs/community level organizations. (50)
Revenue Department:-- (i)
To assist the Local Administration in periodic updating of land
records relating to actual status of village common lands, waste land, Kacharai
land, water ways, roads, embankments and to assist in encroachment removal. (ii)
Ensure the Patwari pastes his monthly working chart on the notice
board of Patwar Khana and Panchayat Ghars indicating the working days he will
visit the Panchayat Halqa areas. (iii)
The concerned Halqa Panchayats will ensure that all eligible
Kisans are issued Kisan Pass Books as required under the Jammu and Kashmir Land
Revenue Act and that the same are updated regularly by the concerned Revenue
Field Functionaries. (iv)
To act as a grievance redressal mechanism in case of any
difficulty being faced by the land owners in getting the extracts of Revenue
Records and refer the matter to the concerned Tehsildar/Sub-Divisional
Magistrate/District Collector directing the concerned Patwari to the issue the
Revenue Records through, Panchayat, as early as practicable. (v)
Providing necessary assistance to the Administration in providing
relief to the effected families/persons in case of disaster. (vi)
To report regarding wrong entries in revenue records,
malpractices, tampering of records land conversion to the
Tehsildar/SDM/District Collector or higher authorities as the case may be. (vii)
Assisting the local administration and revenue functionaries in
periodic updating of land records viz-a-viz changes in the situation on ground
through the conduct of the annual girdawari, preparation of jamabandi and all
other revenue documents. (viii)
Identification of landless families for allotment of land under
any prevalent scheme. (51)
Issue of certificates:-- (i)
Issue of NOCs for Geology and Mining Department activities,
Electrification, biodiversity, land conversion, Licenses for Home stay,
resorts, bar and restaurants, hotels, liquor shops, Burial/cremation grounds,
crematoriums, slaughter houses etc. (ii)
Issuance of birth, death, Character, dependent, marriage
certificates and ration cards in accordance with procedure as notified by the
Government from time to time. (52)
Statistics and Planning:-- (i)
Collection, tabulation, updating of all statistics relating to the
village. (ii)
Setting up of teams/committees for preparation of perspective
plans and Annual Plans in accordance with statistics collected. (53)
Co-operation:--Preparation and implementation of programmes to
popularize and strengthen co-operative activities. (54)
Rural Environment and Ecology:-- (i)
Planning and implementation for protection and preservation of
rural environment and ecology in conformity with National and State policy. (ii)
Establishment of GP biodiversity management committee. (iii)
Preparation of Peoples' Biodiversity Register. (iv)
Preparation and implementation of plans and programmes for the
Biodiversity Act, 2002. (v)
Protection of ecologically sensitive areas. (vi)
Preparation and implementation of plans for the protection of
environment. (vii)
Maintenance of parks, regulation of manure pits in public places. (55)
Knowledge Management:-- (i)
Collection and compilation of household data and maintaining
database. (ii)
Recording of the history, culture, heritage of the village. (iii)
Conducting surveys and studies to determine the human development
of the village. (iv)
Periodical calculation of human development index. (v)
Making available all data to the people of Halqa Panchayat. (vi)
Awareness generation and Information, Education and Communication
activities for all Government schemes. (56)
Community Asset Management:-- (i)
Protection, conservation and management of community assets within
the Halqa Panchayat area, their mapping, measurement, comprehensive
documentation and maintenance. (ii)
Systematic documentation and protection of records of all assets
such as ponds, water grooves, canals, agriculture pits, wells, bore-wells and
other wells, pastures, forests, plantations etc. SCHEDULE 1-B (See Section 26) 1.
As per the provisions of this Act, Halqa Panchayat shall have the
powers to carry out various duties/functions for the Socio Economic Development
and Social Justice of the area. For this Halqa Panchayat requires staff for
providing necessary help and guidance in carrying out the duties imposed on it
by this Act. 2.
Every Halqa Panchayat shall have a Member-Secretary who shall be
an employee of Rural Development and Panchayati Raj Department (to be specified
by the Department). 3.
The employees of the departments contained in the Schedule I-A
associated with the implementation of the various schemes at Halqa Panchayat
level shall be the staff of Halqa Panchayat for helping them in carrying out
various functions as per the Schedule I-A which shall include Junior
Agriculture Extension Officer/Rehbar-e-Zerat, Veterinary Pharmacist/Stock
Assistant, Flock Supervisor, Stock Assistant, Extension Officer (Fisheries),
Teacher/RETs, Horticulture Technician, Junior Engineers/Supervisors of Engineering
Departments and Pharmacists in Sub Centre/Dispensaries, Asha Worker, ANM and
FMPHW. 4.
The dedicated staff engaged for the subject contained in the
Schedule I-A under Centrally and State Sponsored Schemes shall also be the
staff of Halqa Panchayat: Provided that the pay, dues
and other allowances of the permanent staff shall be drawn and disbursed by the
respective department as per the procedure in vogue. The Honorarium of the
dedicated staff shall be drawn and disbursed by the departments as per the
procedure laid down in the guidelines by the respective departments: Provided that the
salary/honorarium (as applicable) of Village Level Worker, Auxiliary Nurse
Midwife (ANM), Female Multipurpose Health Worker (FMPHW) Accountant-cum-Data
Entry Operator, Aganwadi Worker/Helper, Asha Worker, shall be drawn by the
Halqa Panchayat as per the prescribed procedure. 5.
Halqa Panchayats may engage staff at its level only after formal
sanction from the Government for such engagement. SCHEDULE I-C (See Section 14) 1.
Every Halqa Panchayat shall have a fund, to be called, the Halqa
Panchayat Fund which shall be operated by the Secretary Panchayat and Sarpanch
as per the procedure to be notified by the Department of Rural Development and
Panchayati Raj. 2.
As per the provisions of this Act, Rules thereunder and Government
directions issued from time to time, the Halqa Panchayat shall have the power
to operate the fund strictly as per procedure to be notified by the Government
which shall include:-- (i)
Funds related to the subjects contained in the Schedule I-A,
including funds under Centrally Sponsored Flagship Schemes as transferred to
the Halqa Panchayats by respective Administrative Departments. (ii)
Grants of State and Central Finance Commission. (iii)
Outlays transferred to the Halqa Panchayat by the Government from
time to time. (iv)
Untied grants made available to the Halqa Panchayat by the
Government to meet out the exigency of development works of Panchayat Halqas. (v)
Own resources generated through building permission fee, annual
charges and fee levied under section 15, fee for the certificates issued, user
charges collected, incentives and other sources. (vi)
The salary/honorarium as applicable of Village Level Worker,
Auxiliary Nurse Midwife (ANM), Female Multipurpose Health Worker (FMPHW),
Accountant-cum-Data Entry Operator, Aganwadi Worker/Helper and Asha Worker. (vii)
80% funds under Annual Action Plan for MGNREGA. (viii)
100% funds under PMAY (construction component only), IWMP (works
component only), Mid-day Meal, ICDS (Nutrition component only), NSAP and ISSS. 3.
The Halqa Panchayats shall strictly follow the financial
rules/instructions guidelines issued by the Central and State Government while
utilizing the funds under different programmes. 4.
Halqa Panchayats shall prepare a statement of annual accounts to
be audited in the prescribed manner. 5.
The guidelines prescribed by the Central or State Government shall
be strictly adhered to while incurring expenditure on a scheme funded by
Central Government or State Government as the case may be. Schedule II-A (See Section 31) (i)
It shall be the duty of the Block Development Council to meet the
requirements of area in respect of the matters contained in this Schedule II-A
and also prepare plan of activity in respect of inter Halqa Panchayat
areas/matters subject to the availability of funds under the various schemes. (ii)
Subject to the other provisions of this Act and
directions/guidelines issued by the Government from time to time, the Block
Development Council shall administer the matters contained in this Schedule
II-A and prepare plans and implement the schemes on the subjects specified
herein for the economic development and social justice purpose. (iii)
The Block Development Council shall perform its functions strictly
as per the guidelines for estimation of the projects as well as expenditure
sanction issued by the Government. (iv)
General Functions:-- (v)
Preparation of annual plans in respect of the schemes entrusted to
it by virtue of the Act and those assigned to it by the Government/District
Planning and Development Board and their submission to the District Planning
and Development Board within a prescribed time for integration with district
plan. (vi)
Consideration and consolidation of the Annual Plans of all the
Halqa Panchayats in the Block and submission of the consolidated plans to
District Planning and Development Board within a prescribed time for
integration with district Plans. (vii)
Preparation of the Annual Budget of the Block Development Council
and it submission to District Planning and Development Board. (viii)
Assisting the administration in distribution of relief and
compensation during the natural calamities/disaster. (ix)
Performing such functions and executing such works as may be
entrusted to it by the Government or the District Planning and Development
Board. (x)
Construction and upkeep of block level Government facilities as
transferred. (xi)
Specific Functions:-- (xii)
Agriculture, Animal, Sheep, Fisheries and Horticulture
Department:-- (xiii) Prepare
agriculture plan in consultation with the field functionaries of the
Agriculture Production Department, at Block level for submission to the
'District Planning and Development Board' for approval. (xiv) Consolidate
demand received from Halqa Panchayats and submit to the District Planning and
Development Board. (xv) Monitoring
of agriculture extension activities. (xvi) Monitoring
of ongoing schemes under technical guidance of departmental staff. (xvii) To ensure
close surveillance of spread of diseases and timely liaison with the District
Planning and Development Board/State Headquarter for control measures. (xviii)
Facilitating and supervising general and technical training at the
Gram Panchayat level for preparation of comprehensive agricultural and horticultural
plans. (xix) ?Maintenance of agriculture seed farms
including Horticulture Nurseries. (xx) Conducting
exhibitions of vegetable, fruits and other crops through Kisan Melas. (xxi) Providing
technical support to GPs through technical personnel and trainings to increase
the income of improved methods of cultivation and training of farmers. (xxii) Consolidation
of data collected by Gram Panchayats and preparation of block level plans for
agriculture/horticulture production. (xxiii)
Monitoring the distribution of insecticides, pesticides and other
inputs. (xxiv) Coordination
in respect of policy planning of animal/sheep husbandry programmes at block
level. (xxv)To
recommend holding of animal sterility/health camps. (xxvi)
To conduct exhibitions, livestock shows, animal fairs, milk yield competitions
and calf rallies. (xxvii) Providing
vaccines, medicines, medical aid to Gram Panchayat to take preventive measures
to control epidemics and contagious diseases in animals. (xxviii) ?Recommend measures for improvement of breed of
Cattle, Poultry and other livestock. (xxix) Encourage
promotion of co-operative societies for activities of Animal Husbandry,
Dairies, Fisheries, marketing of agricultural/horticulture produce etc. (xxx)Collection
of demand and distribution of seedlings to the fish farmers through Halqa
Panchayats with technical support of officials of the Fisheries Department. (xxxi) Monitoring
and reviewing of all functions and activities entrusted to Halqa Panchayats. (xxxii)
Coordinating with the Agriculture/Horticulture Department in
assessing the demand and organizing inputs, wherever made available by the
department. (xxxiii) Coordinating
with the Agriculture/Horticulture Department in organizing farmers training
camps, study tour, seminars etc. (xxxiv) Organizing
of demonstrations on improved varieties and technology through the Departments. (xxxv)
Ensuring conduct of village-wise
horticultural/agriculture/animal/sheep census. (xxxvi) Preparation
of Action Plan for each inter panchayat water-shed through the concerned department. (xxxvii)
Consumer Affairs and Public Distribution Department:-- (xxxviii)
Monitoring of the public distribution system including movement
and availability of commodities (xxxix) To take
steps for identification and elimination of bogus ration cards. (xl)
To coordinate in the establishment of linkage of Public
Distribution System Schemes with other welfare schemes. (xli)
To send periodical reports and returns about Public Distribution
System to the District Planning and Development Board Distribution. (xlii)
Disseminate information and create awareness about Consumer
Protection and Welfare Schemes. (xliii) Education
Department:-- (xliv) To assess
the drop-out position and initiate appropriate action to reduce it. (xlv) Oversee
the utilization of School Maintenance Grants (SMG), Teaching Learning Material
(TLM) and Teaching Learning Equipments (TLE) as per norms in Middle Schools. (xlvi) Assist in
identification and enrolment of students for Government Middle Schools. (xlvii)
Oversee distribution of study material, uniforms and scholarship
to the target group students in Middle Schools. (xlviii)
Preparation and distribution of Mid-day Meal in Middle Schools
through local SHGS/NGOs/Community Level Committees for which the funds shall be
transferred to Block Development Council. Block Development Council shall also
ensure weekly quality checks of the Mid-day Meals through designated agencies
and take immediate action, if any, adverse reports are received. (xlix) Oversee
and report on the functioning of Village Education Committee (VECs)/School
Management Committees (SMCs) at Middle School level. (l)
Assess and plan requirement of drinking water and toilet
facilities in Middle Schools and ensure that it is met. (li)
Promotion of adult literacy and planning and monitoring both
conventional and non-conventional education at block level. (lii)
Coordinating Centrally and State Sponsored Programs relating to
Education. (liii)
Construction and maintenance of Middle School Buildings as
transferred by the Government. (liv)
Promotion of social education through youth clubs and Mahila
Mandals. (lv)
Planning, establishment, management of hostels at middle school
level for backward class and groups, girls, specially abled, minority groups
and orphans. (lvi)
Forest Department:-- (lvii)
Preparation of action plans for afforestation in respect of lands
identified by the Halqa Panchayats in consultation with concerned Range
Officers. This will also include nursery raising. (lviii) Monitor
execution of micro plans through Halqa Panchayat as per approved physical and
financial targets. (lix)
Submission of periodical consolidated accounts and reports to
District Planning and Development Board. (lx)
Monitor cases of over exploitation and submit recommendations to
Forest Department for its regulation. (lxi)
Supervision of soil conservation works of Forest Department. (lxii)
Supervision of afforestation, plantation and nursery works within
their area. (lxiii) Supervise
the protection of wildlife and assist Wildlife Department in addressing
Man-Animal conflict. (lxiv) Produce
and distribute saplings and seedlings to Gram Panchayat when required from
Block Level Nurseries for promotion of farm forestry. (lxv) Conducting
trainings, workshops for providing technical knowledge to Gram Panchayat in the
field of fodder development and fuel plantation. (lxvi) Planting
and maintenance of trees on the sides of roads and other public lands under its
control. (lxvii)
Health and Family Welfare Department:-- (lxviii)
Constitution of Health and Family Welfare Advisory Committees for
Community Health Centers. (lxix) ?To create awareness among the masses about the
National Health Programmes by way of organizing health and family camps,
exhibitions and Melas. (lxx) Construction
and maintenance of Community Health Centers, staff quarters and other health
facilitates as transferred by the Government. (lxxi) To take
all effective measures with the assistance of health functionaries to control
epidemics in the Block Development Council areas. (lxxii)
Promotion of immunization and vaccination programmes and ensure
100% children and pregnant woman are immunized. (lxxiii)
Establishment of a system/mechanism for continuous support to Gram
Panchayat to manage health services and sanitation programmes. (lxxiv)
Setting up and managing facilities and centers for specially abled
and mentally challenged people. (lxxv)
Planning and implementation of family welfare programmes at Block
Development Council level. (lxxvi)
Ensuring all constructions/offices/procedures within the block are
specially-abled friendly. (lxxvii) Industries
and Commerce Department:-- (lxxviii)
Assistance in the recovery of loans by Banks/Government
Institutions/Departments. (lxxix)
Provide information with regard to availability of skills in the
area and future demand. (lxxx)
Identify the locations and target groups in their respective area
of operation where there is a potential of conducting Industrial Awareness
Programmes/Entrepreneurship Development Programmes/awareness camps for
artisans, weavers, craft persons etc. (lxxxi) Assist in
the identification of beneficiaries under PMEGP/JKEGP. (lxxxii) Identify
land for establishing Industrial Areas/Estates within their jurisdiction and
submit the proposal to District Planning and Development Board for
consideration. (lxxxiii)
Organization of conferences, seminars, training programmes
agricultural and industrial exhibitions. (lxxxiv)
Establishment of mini industrial estates. (lxxxv) Formation
and implementation of self employment schemes. (lxxxvi)
Creation of input services and common facility centres for Gram
Panchayat Clusters or for group of Gram Panchayats. (lxxxvii)
Providing financial support to cluster level common facility
centers. (lxxxviii)
Public Works (R&B) Department:-- (lxxxix)
Monitoring of constructions by Halqa Panchayats and other
agencies. (xc)
Identification of inter-panchayat link roads and their inclusion
in the Block Development Council Plan. (xci) Maintenance
of such rural roads which may be transferred by Public Works Department to
Block Development Council. (xcii) To keep
vigil and bring to the notice of appropriate authority of the Public Works
Department the cases of gross mis-utilization of funds, corrupt practices etc.
by the staff of department, contractors and sub-contractors while executing
various schemes and the encroachments on the roads/other structures. (xciii)
Maintenance of any building or other property vested in Block
Development Council. (xciv)
Identify black spots (frequent accident sites) and recommend
remedial measures to District Planning and Development Board. (xcv) Public
Health Engineering and Irrigation and Flood Control Department:-- (xcvi)
Identification of potential schemes including water harvesting
covering more than one Halqa Panchayat within the jurisdiction of Block
Development Council. (xcvii)
To take measures for prevention and control of water pollution. (xcviii) To keep
vigil and bring to the notice of appropriate authority of all Departments the
cases of gross mis-utilization of funds, corrupt practices etc. by the staff of
the Departments, contractors and sub-Contractors while executing various
schemes. (xcix)
Prevention and control of water pollution. (c)
Implementation of community and individual irrigation works. (ci)
Revenue Department:-- (cii)
To help revenue officials in identification of landless/houseless
families/persons for formulation of a policy regarding utilization of
waste/vacant State land, identification thereof, which is however not required
for any other public purpose at block level. (ciii)
Supervise the work entrusted in revenue matters to Panchayats and
formulation of policy at the block level for removal of encroachments on
State/Kahcharai/Water bodies/common land. (civ) Assistance
to the legal machinery in conduct of legal proceedings (e.g. publication of
notices in the entire area, identification of vacant State land in different
Halqa Panchayats areas etc.) (cv)
To report regarding wrong entries in revenue record, malpractices,
tampering of records, land conversion to the Tehsildar/SDM/Deputy Commissioner
or higher authorities as the case may be. (cvi) Assisting
the local administration and revenue functionaries in periodic updating of land
records viz-a-viz changes in the situation on ground through the conduct of the
annual girdawari, preparation of jamabandi and all other revenue documents. (cvii) Social Welfare
Department:-- (cviii)
Guide and assist the staff of the departments in implementing the
various schemes in the Block Development Council area as per the guidelines of
the schemes. (cix) Assist in
providing logistic support to facilitate smooth implementation of the
programmes. (cx)
Coordinate with District Planning and Development Board and
Panchayats in implementation of schemes for the welfare of Disabled/Old-Aged/Destitutes/Widows/Children/Minorities/SCs/STs/OBCs. (cxi) Coordinate
with District Planning and Development Board in creating awareness among the
people against social evils of drug abuse, female feticide, domestic violence
and also in implementation of all schemes like Beti Bachao Beti Padhao/Ladli
Beti, One Stop Centre, PMMVY etc. (cxii) Organize
camps for creating awareness among the women about the laws enacted to prevent
domestic violence against women and promotion, implementation and monitoring of
programmes in relation to development and empowerment of women and children at
block level. (cxiii)
Planning and management of hostels for scheduled castes, scheduled
tribes and backward communities, Bal Ashrams, Blind homes, Nari Niketan, One
stop homes, juvenile justice homes and other such social justice institutions
through SHGs/NGOs/Community Level Organizations. (cxiv)
To prevent, through awareness campaigns, social, cultural
practices against Scheduled Tribes and Scheduled Castes and backward
communities which undermine freedom and dignity of individual and community. (cxv) Monitoring
old-age, widow pension and pension for handicapped/disabled and scholarships by
the Halqa Panchayats. (cxvi)
Tourism Department:-- (cxvii)
Identification and proposing development in inter Halqa Panchayats
tourist spots in Block Development Council area. (cxviii) Promotion
of tourism activities in Block Development Council. (cxix)
Providing basic amenities at tourist centers under the
jurisdiction of Block Development Council. (cxx) Development
and maintenance of tourist attraction destinations under the ambit of Block
Development Council to the extent of transferred to Block Development Council. (cxxi)
Disaster Management:-- (cxxii)
Creation and maintenance of disaster management facilities at
Block Development Council level. (cxxiii) Creation
of disaster management committees at block level and identification,
registration of civil defence committees. (cxxiv) Identification
of youth for disaster management training at block level. (cxxv)
Assisting district administration and Halqa Panchayat in providing
relief and compensation to the victims of disasters. (cxxvi) Conduct
of mitigation programmes with regard to disasters. (cxxvii)
Libraries:-- (cxxviii)
Creation, management and monitoring of libraries and reading rooms
including providing of seating facilities, books etc. at block level. (cxxix) Sports
and Cultural activities:-- (cxxx)
Organization of art and culture programmes at inter-panchayat
level. (cxxxi) Promotion
of youth clubs at block level. (cxxxii)
Maintenance of communal and religious harmony. (cxxxiii)
Construction and management of cultural centres, community halls
and open air theatres at block level for organizing different inter-panchayat
functions. (cxxxiv)
Organization of youth festivals/other events at inter-panchayat
level. (cxxxv)
Providing of life skill education, leadership training and
conducting recreational activities for youth at inter-panchayat level. (cxxxvi)
Rural Development Department:-- (cxxxvii)
Consolidation of Annual Action Plans of Halqa Panchayat under
different schemes to the extent transferred as per the Schedule I-A and
monitor/supervise the implementation of various programmes at the Halqa
Panchayat level. (cxxxviii)
Preparing and implementing of Inter-Panchayat Plans under
different schemes to the extent transferred by the Government as per Schedule
II-A. (cxxxix)
Monitor the distribution of job cards to the eligible households
under MGNREGA. (cxl) Monitoring
and evaluation of all poverty alleviation programmes and coverage of women SC,
ST and other beneficiaries through different programmes. (cxli) Organizing
the auction of the produce from the community assets to the extent powers
transferred by the Government as per the rules made thereunder. (cxlii)
Development and maintenance places for fairs/mandies/other events. (cxliii)
Supervision and monitoring of rural sanitation programmes and its
execution by the Halqa Panchayats. (cxliv)
Prevention of misuse of community assets of the Block Development
Council. (cxlv)
Organize training and awareness camps for different schemes and
programmes. (cxlvi)
Monitor the use of community assets created under various Rural Development
Schemes. (cxlvii) Establishment
and maintenance of solid and liquid waste management projects. (cxlviii)
Provide technical support to the Gram Panchayat. (cxlix)
Other functions:-- (cl)
Facilitate promotion of block level co-operative societies. (cli)
Providing technical support to Gram Panchayats for the protection
of environment and ecology. (clii)
Collection and compilation of block data and maintaining data
base. (cliii) Recording
of the history, culture, heritage of the block. (cliv) Conducting
surveys and studies to determine the human development of the block. (clv) Periodical
calculation of human development index. (clvi) Making
available all data to the people. (clvii)
Awareness generation and information, education and communication
activities for all Government schemes. (clviii)
Maintaining all community assets vested in the block as are
transferred by the Government or any local authority or organization. (clix) Preservation
and maintenance of community assets. SCHEDULE II-B (See Section 31) 1.
As per the provisions of this Act Block Development Council shall
have the powers to carry out various duties/functions for the Socio Economic
Development and Social Justice of the area. For this Block Development Council
requires staff for providing necessary help and guidance in carrying out the
duties imposed on it by this Act. 2.
Every Block Development Council shall have a Member-Secretary who
shall be the Block Development Officer of Rural Development and Panchayati Raj
Department as contained in sub-section (3) of section 28. The office of the
Block Development Officer shall function as Block Development Council
Secretariat. 3.
The Block Level Officers of the departments contained in the
Schedule II-A associated with the implementation of the various schemes at
block level and providing technical guidance to the Halqa Panchayat for
carrying out various duties shall be the staff of Block Development Council for
helping them in carrying out various functions as per the Schedule II-A
including and not limited to Sub-Divisional Agriculture Officer, Live Stock
Development Officer, Sheep Development Officer, Block Veterinary Officer,
Tehsil Supply Officer, Inspector Legal Meteorology, Zonal Education Officer,
Zonal Planning Officer, Head Masters/Mistresses of Middle Schools, Field
Supervisor of Fisheries Department, Range Officer, Horticulture Development
Officer, Block Medical Officer, ANM/Medical Superintendent/Female and Male
Multipurpose workers of CHCs, Assistant Handicraft Training Officer and
Instructor of Industries and Commerce Department, Assistant Executive
Engineers/Assistant Engineers of all Engineering Departments. 4.
Dedicated staff engaged for the subject contained in the Schedule
II-A under Centrally and State Sponsored Schemes functioning at block level
shall also be the staff of Block Development Council: Provided that the pay, dues
and other allowances, of the permanent staff shall be drawn and disbursed by
the respective department as per the procedure in vogue. The honorarium of the
dedicated staff shall be drawn and disbursed by the departments as per the
procedure laid down in the guidelines by the respective departments. 5.
Block Development Council may engage staff at its level only after
formal sanction from the Government for such engagement. SCHEDULE II-C (See Section 34) 1.
Every Block Development Council shall have a 'Block Development
Council Fund' which shall be operated by the Secretary Block Development
Council (Block Development Officer) and Chairperson of the Block Development
Council as per the procedure to be notified by the Government. 2.
As per the provisions of this Act the Block Development Council
shall have the power to operate upon the "Block Development Council
Fund" comprising of grants made by the Government under different schemes
keeping in view the number of Halqa Panchayats in the Block and the funds
assigned by the Government or the District Planning and Development Board. 3.
The funds related to the subjects contained in the Schedule II-A
including funds under Centrally Sponsored Flagship Schemes transferred to the
Block Development Council by respective Administrative Departments as per the
procedure to be notified by the Government excluding funds transferred to Halqa
Panchayats. The Block Development Council shall follow the financial
rules/instructions/guidelines issued by the Central and State Government while
utilizing the funds under different programmes. 4.
Block Development Councils shall prepare a statement of annual
accounts to be audited in the prescribed manner. 5.
The guidelines prescribed by the Central or State Government shall
be strictly adhered to while incurring expenditure on a scheme funded by
Central Government or State Government as the case may be."
Preamble - JAMMU AND KASHMIR PANCHAYATI RAJ (FOURTH AMENDMENT)
ACT, 2018PREAMBLE