JAMMU AND KASHMIR VILLAGE PANCHAYAT (AMENDMENT) ACT, 1998 THE JAMMU AND KASHMIR VILLAGE PANCHAYAT (AMENDMENT) ACT 1998 [Act No. 11 of 1998] [ 2nd June, 1941] An Act to amend the Jammu and Kashmir Village Panchayat Act No. 1
of 1992. Whereas it is expedient to
amend the Jammu and Kashmir Village Panchayat Act No. 1 of 1992 for the
purposes hereinafter appearing; It is hereby enacted as follows:- (i)
This Act may be called the Jammu and Kashmir Village Panchayat
(Amendment) Act 1998. (ii)
It extends to the State of Jammu and Kashmir including the jagirs
of Poonch and Chenani. (iii)
It shall come into force when after receiving the assent of His Highness
the Maharaja Bahadur it is first published in the Government Gazette. In section 3 of the Jammu
and Kashmir Village Panchayat Act No. 1 of 1992 (hereinafter referred to as the
said Act), clause (11) shall be deleted and clause (12) shall be renumbered as
(11) and in that clause for the words "who is placed..................
Wazarat" the words "appointed as such by Government by
notification" shall be substituted. (1)
In sub-section (1) of section 4 of the said Act, the words
"or Wazir Wazarat until a Panchayat Officer is appointed subject to the
control the Governor of the Province" shall be deleted. (2)
For sub-section 2 of section 4 of the said Act, the following
sub-section shall be substituted, namely:- "(2)
?The Panchayat Officer may, by notification
published in the village or villages concerned, include within the area of a
panchayat constituted under sub-section (1) any area situated in the immediate
vicinity thereof, or exclude from a panchayat any area comprised therein. (3) The
following shall be added as sub-section (3) to section 4 of the said Act:- "(3)
?Any inhabitant of a circle may, within
three months of the order under sub-section (1) or (2) submit, in writing, any
objection, he may have to such order and the Panchayat Officer shall consider
such objection and pass such orders as he may consider proper". In sections 5, 7, 8, 11,
12, 32, 51 and 70 of the said Act the words "or Wazir Wazarat until a
Panchayat Officer is appointed" shall be deleted. In section 5 of the said
Act for the word "seven", the word "eleven", shall be
substituted. For section 6 of the said
Act, the following shall be substituted:- "(1)
?Such number of the panches of a
panchayat as the Panchayat Officer may determine shall be elected in the manner
prescribed and the rest shall be nominated by the Panchayat Officer. Provided that the majority
of the Panches shall be elected. (2) ??A Panch shall unless removed under section 8
hold office for a period of three years from the date of the confirmation of
the election by the Panchayat Officer or nomination as the case may be, or
until his successor is elected or nominated." After section 6 of the said
Act, the following section shall be inserted, namely:- "6-A.
Disqualification (1)
A person shall be disqualified for being chosen as or for being a
member of a Panchayat- (a)
if he does not reside within the circle of such a Panchayat; (b)
if he is whole time servant of the State; (c)
if he is under 21 years of age; (d)
if he is of unsound mind; (e)
if he has been adjudged insolvent by a competent Court; (f)
if he has been convicted of any such offence or subjected by a
criminal Court to any such order as implies, in the opinion of the Panchayat
Officer subject to appeals as provided in sub-section (2) a defect of character
rendering him unfit to be a Panch; (g)
if he is not a State subject." (2)
If the Panchayat Officer declares any person to be disqualified
under clause (f) of sub-section (1) such person shall have a right of appeal to
such authority as the Government may determine: (1) In
section 8 of the said Act for the words "for misconduct, neglect of duty
or insolvency", the following shall be substituted:- "Who is in his opinion
guilty of misconduct, incapacity or neglect of duty or whose continuance in
office is in his opinion undesirable in the interest of the public or of the
panchayat". (2) The
present section 8 shall be numbered as sub-section (1) and the following shall
be added as sub-section (2):- (3)
The Panchayat Officer shall by order in writing remove any panch
who becomes disqualified for being a member of a panchayat under section
6-A." For the first paragraph of
section 10 of the said Act, the following shall be substituted:- In section 11 of the said
Act the words "by the Panchayat Officer or the Wazir Wazarat until a
Panchayat Officer is appointed" shall be deleted, and for the words
"the Governor of the Province" the words "such authority as the
Government may determine" shall be substituted. "10. The Government may suspend
or dissolve any panchayat for misconduct or neglect of duty." For section 13 of the said
Act, the following shall be substituted:- "No business shall be
transacted at any meeting of a panchayat unless such meeting is attended by
more than one-half of the total number of Panches." In the heading of chapter
III of the said Act for the words "jurisdiction of Panchayats" the
words "Judicial functions of the Panchayats" shall be substituted. In section 19(b) of the
said Act for the words "previously fined", the word
"convicted" shall be substituted and after the word "Panchayat"
the words "on two previous occasions" shall be added. In sub-section (1)(c) of
section 21 of the said Act for the words "one" the word
"two" shall be substituted. In section 24 of the said
Act, the following amendment shall be made:- (1)
For the words "Revenue Minister" the word
'Government" shall be substituted. (2)
In clause (1) for the word "fifty" the word
"seventy-five" shall be substituted. (3)
In clause (2) and (3) for the word "twenty" the word
"thirty" shall be substituted. (4)
In clause (4)(c) for the word "two" the word
"five" shall be substituted. After section 32 of the
said Act the following section shall be inserted, namely:- "32-A. Notwithstanding anything
contained in this Act, a panchayat may take cognizance of a suit the total
value of which does not exceed Rs. 500 if the parties mutually agree in writing
to be filed before the panchayat that they will abide by the decision of the
panchayat in such suit. 32-B. The
Panchayat Officer, on the application of any of the parties or on his own
motion, order the transfer of a case from one panchayat to any other panchayat: Provided that before
passing such an order the Panchayat Officer shall, after issue of a notice to
the parties, hear objections, if any, to such transfer." For section 63 of the said
Act the following section shall be substituted namely:- "63. Every panchayat
shall have a fund to be called the panchayat fund which shall be administered
by the panchayat subject to rules made by the Government and shall be utilised
for meeting necessary expenditure and charges made and incurred in connection with
the performance of its duties and functions under this Act." In section 64 of the said
Act, the following amendments shall be made:- (1)
For the words "the village fund shall consist of", the
words "the following receipts and moneys shall be credited to the
panchayat fund" shall be substituted." (2)
In clause (3) the full stop at the end shall be deleted and the
following words shall be added:- "or taxes, tolls and
fees levied under section 65-A." (3)
In clause (4), the words from "and those leviable
..............." upto the end shall be deleted. (4)
After clause (4), the following clauses shall be added:- (5)
Notwithstanding anything contained in the Village Sanitation Act
for the Provinces of Jammu and Kashmir, all fines realised under that within
the area of the panchayat; (6)?? ?Sanitation cess levied on the revenue paying
land situate within the circle of the panchayat; and (7) ???Income from or sale proceeds of property
vested in the panchayat." In section 65, the words
"or any officer appointed by the Government in this behalf" after the
word "Government" shall be deleted. After section 65 of the
said Act, the following shall be inserted, namely:- "65-A.
Power of taxation (1)
Subject to such rules as may be made by Government in this behalf,
a panchayat may, with the previous approval of the Government, levy such taxes,
tolls or fees and for such period as it may find necessary for the benefit of
the village or villages under its jurisdiction. (2)
No tax or fee shall be levied under sub-section (1) unless the
levy thereof is sanctioned by a resolution of the panchayat supported by a
majority, consisting of at least more than half of its sanctioned strength at a
meeting specially convened for the purpose. (3)
When the panchayat shall have sanctioned with the approval of the
Government, the levy of any tax or fee under subsection (1) such panchayat
shall at once notify in the prescribed manner in the village or villages in
which the tax or fee is to be levied, the rate at which and the date from which
such tax or fee is to be levied." "65-B.
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 sections 65 and 65-A by the panchayat and moneys recoverable under
section 70-A or subsection (2) * * of section 70-B shall be recoverable as if
they were arrears of land-revenue". "65-C.
Any person dissatisfied with the assessment under this chapter may within such
time as may be prescribed, apply to the panchayat either orally or in writing,
for a revision of the assessment and the panchayat may amend or confirm the
same." For section 66 of the said
Act, the following section shall be substituted:- "66. Compulsory duties
of the panchayat Subject to such rules as
may be prescribed it shall be the duty of the panchayat within the limit of its
finances, to make arrangements for carrying out the requirements of the
panchayat area in respect of the following matters:- (a)
the construction, maintenance and improvements of culverts,
bridges and public roads and the disposal of drainage water and sewage; (b)
the excavation, maintenance, improvement and disinfection of
wells, tube wells, ponds and tanks for the supply of water for drinking,
washing and bathing. (c)
the construction of reservoirs and the maintenance, improvement
and disinfection of springs and the maintenance in proper condition of
machinery for the supply of water for drinking, washing and bathing; (d)
the establishment and maintenance of burial and burning grounds; (e)
elementary education; (f)
the cleaning of streets, the removal of rubbish, heaps and jungle
growth, the filling in of disused wells, insanitary ponds, pools, ditches, pits
or hollows and other improvements of the sanitary conditions of the village; (g)
the provision for public latrines, and arrangement to clean
latrines, whether public or private; (h)
the control and management of cattle ponds; (i)
the maintenance of markets; (j)
the maintenance of public libraries and reading rooms; (k)
any other matter which Government may by notification declare to
be a suitable subject for the administration by panchayats generally or by any
particular panchayat: Provided that nothing in
this sub-section shall be deemed to impose any duty or confer any power upon
the panchayat with respect to any matter under the direct administrative
control of any department of Government or to authorise the panchayat to
interfere with any existing legal rights." After section 66 of the
said Act, the following new sections shall be inserted, namely:- "66-A.
(1) A panchayat may make provision for- (a)
the planting and preservation of trees on panchayat property; (b)
the excavation and maintenance of tanks and ponds for animals; (c)
the relief of the poor and the sick; (d)
the organisation and celebration of public festivals other than
religious festivals; (e)
the improvement of agriculture and agricultural stocks; (f)
the laying put and maintenance of public gardens and play-grounds; (g)
the promotion and encouragement of cottage industries; (h)
the extension of villages sites and regulation of building; (i)
the protection of village from floods, fires, wild animals and
other unforeseen calamities; (j)
other measures of public utility calculated to promote the safety,
health, comfort or convenience of the villagers; (k)
medical relief including maternity and child welfare; (l)
veterinary relief; (m)
the maintenance of radio sets; (n)
the lighting of public ways and places; (o)
the construction, maintenance and improvement of buildings or
other structures so far as they are likely to promote the safety, health,
welfare and convenience of the village and of visitors thereto." (p)
any other matter with the previous approval of Government. "66-B.
(1) The panchayat may construct or provide and maintain public landing places,
halting places and vehicle stands and may levy fees for the use of the same. (2) ??No private person shall open a new vehicle
stand or maintain an existing vehicle stand within the limits of a panchayat
unless he obtains from the panchayat a licence to do so." "66-C.
(1) A panchayat may provide a place or places for use as a public slaughter
house and may charge fees for the use of the same. (2) ??The panchayat may prohibit the slaughter of
animals for sale in any place in the village other than at a public slaughter
house provided by the panchayat." "66-D.
The Sarpanch of a panchayat or any person authorised by him in this behalf may
examine and test the weights and measures in markets and shops in the area of
the panchayat with a view to the prevention and punishment of offences relating
to such weights and measures under sections 264 and 265 of Ranbir Penal Code
and shall seize such weights and measures if he has reasons to believe them to
be false." "66-E.
A panchayat may delegate to any of its members, or, a committee composed of its
members, any of its powers, except judicial powers; or any function relating to
a particular branch of the administration or may appoint any member or any such
committee to require into or report on any matters within its
jurisdiction." "66-F.
(a) A joint committee of such number of panchayats as the Panchayat Officer may
determine shall be constituted for purposes in which they are interested and
for any matter or matters for which they are responsible and for mutual help
and co-operation in the discharge of all or any of the duties imposed under
this Act. (b) ??Such joint committee may undertake the
execution and maintenance of any work in which more than one panchayat is
interested, the panchayats concerned agree and contribute towards the cost of
such work. (c) ??The composition of these committees, the
functions that they should perform and their working shall be subject to such rules
as may be prescribed. "66-G.
The following shall constitute the property of a panchayat:- (a)
All public village roads within the circle of a panchayat other
than those under the control of any department of the "Government; (b)
All property, movable and immovable which has been transferred to
a panchayat by the Government, any public body, or a private individual; (c)
All buildings, structures, machinery and water reservoirs built by
a panchayat from its own funds, or from contribution by the Government, any public
body or an individual; (d)
(1) All rubbish, sewage, filth, village cleanings and other matter
collected by the panchayats under this Act; (2) ???All wind-falls, withered trees excluding
royal trees, grass, ?fruit and all other
produce of property belonging to the panchayat; (e) All
drains, tanks, ponds, wells, springs and kuhls in the panchayat area which do
not belong to any person or a group of persons or to the Government; (f)
Any property which a panchayat may acquire. For section 67 of the said
Act, the following section shall be substituted:- "67.
Whoever offers any resistance to the carrying out by any panchayat of its
duties or functions prescribed under this Act or the rules made thereunder
shall be punished on conviction by a Magistrate of the first or second class
with a fine which may extend to fifty rupees." After section 68 of the
said Act, the following section shall be added:- "68-A.
Subject to such rules as the Government may make in this behalf, a panchayat
may frame bye-laws for the conduct of business and generally for carrying out
the purpose of this Act." In section 69 for the words
"or Wazir Wazarat until a Panchayat Officer is appointed" the words
"or any person duly authorised by him in writing in this behalf"
shall be substituted. In section 70 sub-section
(1) of the said Act for the words "of his own motion" the word
"otherwise" shall be substituted, and in sub-section (1) clause (c)
the words "or modify" shall be inserted between the words
"cancel'' and "any". After section 70 of the
said Act, the following new sections shall be added:- "70-A. Liability of
panches (1)
Every panch shall be liable to the panchayat for the loss, waste
or misapplication of any money or other property belonging to the panchayat, if
such loss, waste or misapplication is caused in consequence of his neglect or
misconduct in the discharge of his duties or performance of his functions as
such Panch. (2)
The Panchayat Officer may on the application of the panchayat or
any rate payer and after giving to the Panch concerned an opportunity of being
heard summarily assess by order in writing the amount due to the panchayat on
account of such loss, waste or misapplication. (3)
Any person aggrieved by an order made under subsection (2) of this
section may, within one month of the date of such order appeal to the Revenue
Commissioner but subject to the result of such appeal the order shall be final
and shall be conclusive proof of the amount so due". "70-B. Performance of
the duties of defaulting panchayats (1)
If a panchayat makes default in the performance of any duty under
this Act, or under any other law for the time being in force, the Panchayat
Officer may fix a period for the performance thereof and, in case of default,
may appoint any person or other body corporate to perform it, and may direct
that the expenses arising from and incidental to its performance shall be paid
by the panchayat within a time fixed by him. (2)
If such expenses are not paid, the Panchayat Officer may make an
order directing the person having custody of the panchayat fund to make the
payment out of, or to the extent of that fund, as the case may be and if such
person does not comply with the order, recover the amount from him. * * * * * * "70-C. Subject to such
rules as may be prescribed in this behalf, the Government may from time to time
delegate all or any of its powers under this Act to any officer or officers in such
localities under such restrictions and on such conditions * * as it may think
necessary. For
section 73 of the said Act, the following section shall be substituted,
namely:- "73. Power to make
rules (1)
The Government may make rules consistent with this Act for
carrying out the purposes thereof, and may provide that the breach of any such
rules shall be punishable with a fine which may extend to twenty-five rupees. *
* * *: * (2)
In particular, and without prejudice to the generality of the
foregoing power, the Government may make rules:- (a)
with reference to all matters in respect of which rules are
expressly required or allowed by this Act to be made or prescribed; (b)
regulating the establishment, supervision, suspension or dissolution
of a panchayat; (c)
regulating the qualifications of electors and of candidates for
election, registrations of such electors, nomination of candidates, time of
election and mode of regarding notes, method of settling disputes or questions
arising from elections; (d)
regulating the filling of casual vacancies; (e)
regulating the appointment, term of office, suspension and removal
of a Sarpanch; (f)
regarding the conduct of meetings of panchayats; (g)
regulating the functions and powers of the Sarpanch; (h)
regulating the exercise by a panchayat of any of its powers under
this Act and in particular its power to sue and to acquire, hold or transfer
property and to enter into contracts; (i)
regulating the assessment and collection of rates, appeals against
assessments and collection of rates and the custody and proper maintenance of
the panchayat funds; (j)
regulating the custody and proper maintenance of accounts, records
and registers by panchayats; (k)
regarding the appointment of the officers and servants of a panchayat
and their salary; (l)
regarding the administrative powers that the panchayats can
exercise; (m)
regarding the fees payable under chapters III, IV and V of the
Act; (n)
regarding the powers to enquire and make reports about misconduct
of officials * * specified in the rules and also to supervise the work of
village chowkidars; (o)
regulating the procedure to be followed under sections 70-A and
70-B of this Act".
Preamble - JAMMU AND KASHMIR VILLAGE PANCHAYAT (AMENDMENT) ACT,
1998PREAMBLE