PANCHAYATI RAJ ACT, 1989 (Act No. IX of 1989)
THE JAMMU AND KASHMIR PANCHAYATI RAJ ACT, 1989 (Act No. IX of 1989)
CONTENTS Preamble. SECTION.
SECTION. CHAPTER I Preliminary 1. Short title, extent and commencement. 2. Definitions. 3. Act to over-ride other laws. CHAPTER II Halqa Panchayat 4. Establishment and constitution of Halqa Panchayat. 5. Term of office. 6. Disqualification for membership. 7. Removal of Sarpanch and NaibSarpanch of a Halqa Panchayat. 8. Filling vacancies in Halqa Panchayat. 8-A. Panchayat Advisory Committe. 9. Supersession of Halqa Panchayat. 10. Remuneration to Sarpanch and Panches. 11. Resignation. CHAPTER III Powers and Functions 12. Powers and functions. CHAPTER IV Property 13. Property of Halqa Panchayat. 14. Halqa Panchayat Fund. 15. Imposition of taxes and fees. 16. Power of entry for the purpose of valuation of taxation. 17. Appeal against levy of tax or fee. 18. Recovery of dues as arrears of land revenue. 19. Revision of taxation orders. 20. Audit of Panchayat Funds. 21. Annual Budget. 22. Exemption from tax. 72 PANCHAYATI RAJ ACT, 1989 23. Levy of fees on market etc. CHAPTER V Conduct of Business 24. Meetings of the Halqa Panchayat. 25. Functions of Sarpanch and Naib-Sarpanch. 26. Staff. CHAPTER VI Block Development Council 27. Constitution of Block Development Council. 28. Chairperson, Vice-Chairperson and Secretary. 29. Term of the Block Development Council. 30. Removal of Chairperson. CHAPTER VII Powers and Functions 31. Powers and functions of the Block Development Council. 32. Powers and functions of the Chairperson and the ViceChairperson. 33. Remuneration to Chairperson and Members. SECTION. SECTION. CHAPTER VIII Property and Finance 34. Property and finances of the Block Development Council. CHAPTER IX Procedure for Conduct of Business 35. Meetings. CHAPTER X Holding of Elections 36. State Election Commission. 36A. Term of office and other conditions of service of State Election Commissioner. 36B. Removal of the State Election Commissioner. 36C. Officers and staff of State Election Commission. 36D. Powers of the State Election Commission. 37. No bar on holding of eletion on party line. 38. Electoral Roll. 39. Disqualification for registration in an electoral roll. 40. Omitted. PANCHAYATI RAJ ACT, 1989 73 SECTION. SECTION. 41. Election of Chairperson of Block Development Council. 42. Holding of elections. 42-A.Nomination of candidates for election. 42-B.Forfeiture of Security Deposit. 43. Disputes regarding elections. 44. Jurisdiction of civil courts in election matters barred. CHAPTER XI District Planning and Development Board 45. Constitution of District Planning and Development Board. CHAPTER XII Powers, Functions and Finance 46. Powers and functions of the District Planning and Development Board. 47. Finance. CHAPTER XIII Constitution of Panchayati Adalat 48. Composition of Panchayati Adalats. 49. Procedure for conduct of business. 50. Chairperson of Panchayati Adalat. 51. Secretary of the Panchayati Adalat. 52. Removal of the Chairperson and the member of Panchayati Adalat. 53. Transfer of pending suits and the cases to Panchayati Adalat. 54. Hearing by members of Panchayati Adalat. 55. Chairperson and members to be public servants. 56. Criminal jurisdiction. 57. Panchayati Adalat before which case to be instituted. 58. Penalties. 59. Compensation to complainant. 60. Compensation to accused. 61. Youthful offenders. 62. Recovery of fines. 63. Previous acquittal etc. 64. Local inquiry and reports. 65. Summary dismissal of complaint. 66. Civil jurisdiction. 67. Suits cognizable by Panchayati Adalat. 74 PANCHAYATI RAJ ACT, 1989 68. Suits to include whole claim. 69. Place of institution. 70. Interest and instalments. 71. Execution. 72. Appearance in person or by representative. 73. Transfers. 74. Appeals and revisional powers. 75. Decrees or orders passed are not to be altered. 76. Pending cases before the Panchayati Adalat when term of office has expired. SECTION. SECTION. 77. Contempt of Panchayati Adalat. 78. Bar to arrest and imprisonment in execution of decree. 79. Remuneration to members of Panchayati Adalat. CHAPTER XIV Miscellaneous 80. Power to make rules. 81. Power to make bye-laws. 82. Disputes as to properties. 83. Repeal and saving. SCHEDULE ––––––– PANCHAYATI RAJ ACT, 1989 75 THE JAMMU AND KASHMIR PANCHAYATI RAJ ACT, 1989 (Act No. IX of 1989) [Received the assent of the Governor on 8th July, 1989 and is published for general information.] An Act to provide for the constitution of Halqa Panchayats, Block Development Councils and the District Planning and Development Boards and matters connected therewith. Whereas it is expedient to promote and develop Panchayati Raj in the State as an instrument of vigorous Local Self Government to secure the effective participation of the people in the decision making process and for over-seeing implementation of developmental programmes. Be it enacted by the Jammu and Kashmir State Legislature in the Thirtyninth Year of the Republic of India as follows :––
CHAPTER I Preliminary
## Section 1. Short title, extent and commencement. ––(1) This Act may be called the Jammu and Kashmir Panchayati Raj Act, 1989. (2) It extends to the whole of the State of Jammu and Kashmir. 1 [(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint in this behalf.]
## Section 2. Definitions. ––(1) In this Act, unless the context otherwise requires,–– (a) “Block” means area comprising such contiguous number of Halqas as may be determined by the Government from time to time ; (b) “Block Development Council” means Block Development Council constituted under section 27 of this Act ; (c) “Building” includes any shop, house, hut, out-house, shed, stable, superstructure and land appertinent to a building whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever, and includes a well and a wall but does not include 1. Enforced vide SRO-220 dated 30-06-1997 w.e.f. 1-7-1997. 76 PANCHAYATI RAJ ACT, 1989 mudwall built round agricultural land not abutting on the public road ; (d) “Case” means criminal proceedings in respect of an offence triable by a Halqa Panchayati Adalat ; (e) “ 1 [Chairperson]” means the 1 [Chairperson] of–– (i) the Panchayati Adalat ; (ii) the Block Development Council ; (iii) the District Planning and Development Board ; 2 [(ee)“Commission” means the ‘State Election Commission’ constituted under section 36 of this Act] ; (f) “Constituency” means a ward for which a member is to be or has been elected ; (g) “District Planning and Development Board” means a District Planning and Development Board constituted under this Act ; 3 [(h) “Election Authority” means the ‘State Election Commission’ constituted under section 36 of this Act] ; (i) “Electoral Roll” means the rolls as may be prepared in accordance with the provisions of this Act ; (j) “Halqa” means the area comprising a village or such contiguous number of villages as may be determined by the 4 [Election Authority] from time to time : Provided that the Halqa shall be determined in such a manner that the population of any Halqa does not 5 [ordinarily] exceed 3,000 in the hilly areas and 4,500 in the plain areas : Provided futher that 5 [ordinarily] the unit of a village shall not be disturbed : 1. Substituted for “Chairman” by Act XIII of 2016, s. 12. 2. Clause (ee) inserted by Act XV of 2011, s. 2. 3. Clause (h) substituted ibid. 4. Substituted for “Government” by Act VI of 2014, s. 2, w.e.f. 1-6-2014. 5. Inserted by Act XXII of 1997, s. 2. PANCHAYATI RAJ ACT, 1989 77 1 [Provided also that fresh determination of Halqas shall be undertaken only after the population figures of general census are published : Provided futher that such fresh delimitation of Halqas shall not effect the representation of the existing Panchs and Sarpanchs] ; 2 [(jj) “Halqa Majlis” means all the voters of a Halqa Panchayat] : (k) “Halqa Panchayat” means a Halqa Panchayat constituted under section 4 of this Act ; (l) “Naib-Sarpanch” means the Naib-Sarpanch of the Halqa Panchayat ; (m) “Panch” means member of Halqa Panchayat whether elected or nominated under this Act ; 2 [(mm) “Panchayat Advisory Committee” means a Panchayat Advisory Committee constituted under section 8-A] ; (n) “Panchayati Adalat” means a Panchayati Adalat constituted under section 47 of this Act for the purpose of trial of suits and cases ; (o) “Prescribed” means prescribed by rules made under this Act ; (p) “Prescribed Authority “means authority as may be appointed by the Government, by notification, for all or any of the provisions of this Act ; (q) “Rules” means rules made under this Act ; (r) “Sarpanch” means the Sarpanch of the Halqa Panchayat ; (s) “Schedule” means the Schedule appended to this Act ; (t) “Suit” means a civil suit ; (u) “ 1 [Vice-Chairperson]’’ means the 1 [Vice-Chairperson] of–– (i) the Block Development Council ; (ii) the District planing and Development Board ; (v) “Village” means a parcel or parcels of land having a separate name 1. Provisos inserted by Act XXII of 1997, s. 2. 2. Clauses (jj) and (mm) inserted by Act III of 1999, s. 2. 3. Substituted for “Vice-Chairman” by Act XIII of 2016, s. 12. 78 PANCHAYATI RAJ ACT, 1989 and known limits in the revenue records and not included in the limits of a Municipality, Cantonment or Towm Area Committee or Notified Area Committee. (2) In this Act, the expressions “decree”, “decree-holder”, “judgementdebtor”, “legal representative” and “movable property” shall have the same meaning as is assigned to them in the Code of Civil Procedure, Samvat 1977.
## Section 3. Act to over-ride other laws.–– The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or instrument having effect by virtue of any such law. CHAPTER II Halqa Panchayat
## Section 4. Establishment and constitution of Halqa Panchayat. ––(1) There shall be a Halqa Panchayat for every halqa. (2) Every Halqa Panchayat shall bear the name of the place where it is headquartered. 1 [(2a) Every Halqa Panchayat shall have Halqa Majlis comprising all the persons whose names are included in the electoral roll for such Halqa Panchayat. (2b) The Sarpanch shall, convene at lease two meetings of Halqa Majlis during a financial year.] (3) Every Halqa Panchayat shall consist of such number of Panches not less than seven and not more than eleven including the sarpanch as the prescribed authority may, from time to time, fix in this behalf : 2 [Provided that the 3 [sarpanch and panch seats] shall be reserved for–– (a) the Scheduled Castes ; and (b) the scheduled Tribes, in every Halqa Panchayat and the number of 3 [sarpanch and panch seats] so reserved shall bear, as nearly as may be, the same proportion to the total number 1. Sub-sections (2a) and (2b) inserted by Act III of 1999, s. 2, w.e.f. 16-4-1999. 2. Substituted by Act II of 2004. 3. Substituted for “panch seats” by Act VI of 2014, s. 3, w.e.f. 1-6-2014. PANCHAYATI RAJ ACT, 1989 79 of 1 [sarpanch and panch seats] 2 [x x x] in that panchayat as the population of Scheduled Castes in that Panchayat area or of the Scheduled Tribe in that Panchayat area bears to the total population in that area and such 1 [sarpanch and panch seats] may be allotted by rotation to different constituencies in a Halqa Panchayat in such manner and by such authority as may be prescribed : Provided further that–– (a) not less than one-third of the total number of 1 [sarpanch and panch seats] reserved under above proviso shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes ; (b) not less than one-third (including the number of 1 [sarpanch and panch seats] reserved for women belonging to Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat by such authority and in such manner as may be prescribed : Provided also that such reservation shall not affect representation in the existing Halqa Panchayats and shall become effective for purpose of holding the general election to the Halqa Panchayats after the commencement of 3 [Jammu and Kashmir Panchayati Raj (Amendment ) Act, 2014].] 4 [x x x x] 4 [(4) 5 [The Sarpanch and Naib-sarpanch] shall be elected by the Panches of the Halqa Panchayat from among themselves at the first notified meeting of the Halqa Panchayat after its constitution. (5) The Panches shall be elected from the constituencies delimited by the prescribed authority in accordance with the rules. (6) There shall be notified the name of the Sarpanch and the names of the Panches duly elected in accordance with the provisions of this Act and rules framed thereunder. Upon the issue of such notification, the Halqa Panchayat shall be deemed to be duly constituted. 1. Substituted for “panch seats” by Act VI of 2014, s. 3, w.e.f. 1-6-2014. 2. Words “to be filled by the direct elections” omitted by Act XII of 2018, s. 2, w.e.f. 3-11-2017. 3. Substituted by Act VI of 2014, s. 3, w.e.f. 1-6-2014. 4. Existing sub-section (4) omitted and sub-sections (5), (6), (7) (8) and (9) re-numbered by Act XIII of 2016, s. 2. 5. Substituted ibid for “the Naib-Sarpanch”. 80 PANCHAYATI RAJ ACT, 1989 1 [(7) The Village Level Worker or Multipurpose Worker or Gram Sevika shall be the Secretary of the Halqa Panchayat.] (8) Every Halqa Panchayat shall be a body corporate known by the name “The Halqa Panchayat of ––––––––––––” and shall have perpetual succession and a common seal and may sue and be sued by its corporate name subject to such conditions or restrictions as the Government may specify, in the rules.]
## Section 5. Term of office.–– The Sarpanch, the Naib-Sarpanch and every Panch of the Halqa Panchayat shall hold the office for a period of five years from the date of its constitution.
## Section 6. Disqualification for membership. ––(1) A person shall be disqualified to be a member of Halqa Panchayat if he–– (a) is not a permanent resident of the State ; or (b) is in the employment of the Government or any local body ; or (c) is under 2 [twenty-one years] of age ; or (d) is of unsound mind and stands so declared by a competent court ; or (e) has been adjudged insolvent by a competent court ; or (f) is a salaried servant of a Halqa Panchayat ; or (g) is a Lamberdar or Village Chowkidar ; or (h) has been dismissed from the service of Government, a local body or a Halqa Panchayat ; (i) has been convicted of and sentenced for an offence (other than an offence of a political nature) punishable with imprisonment for not less than two years unless a period of three years, or such less period as the Government may allow in any particular case, has elapsed since his release ; provided that this clause shall not apply to an offender who has been released under the provisions of section 562 of the Code of Criminal Procedure, Samvat 1989 or under the Jammu and Kashmir Probation of Offenders Act, 1966. 1. Sub-section (8) substituted by Act IV of 2002, s. 2. It has now been renumbered as sub-section (7) by Act XIII of 2016, s. 2. 2. Substituted for “twenty-five years” by Act VI of 2014, s. 4, w.e.f. 1-6-2014. PANCHAYATI RAJ ACT, 1989 81 (2) Subject to the provisions of sub-section (1), no person shall be qualified to be chosen as a member of Halqa Panchayat unless his name is included in the electoral roll of such Halqa Panchayat : Provided that any person aggrieved by an order under this section shall have a right of appeal to such authority as may be prescribed. 1 [(3) A person who becomes a member of a Halqa Panchayat on the basis of a false Scheduled Caste or Scheduld Tribe certificate, shall be disqualified from the date on which it is found that he had become such member or office bearer on the basis of such false caste certificate and shall continue to be disqualified for further period of six years :]
## Section 7. Removal of Sarpanch and Naib-Sarpanch of a Halqa Panchayat.–– A Sarpanch or a Naib-Sarpanch shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of not less than 2-3rd of the total number of Panches of Halqa Panchyat at a meeting specifically convened for the purpose in the prescribed manner on the following grounds :–– (i) Gross misconduct ; (ii) Neglect of duty ; (iii) Any disqualification prescribed under section 6 ; (iv) Failure to attend six consecutive meetings of the Halqa Panchyat : Provided that failure to attend the meetings of the Halqa Panchayat shall not render him liable to removal if such failure is due to reasons beyond his control.
## Section 8. Filling vacancies in Halqa Panchayat. ––(1) Whenever a vacancy occurs by the death or resignation of Panch or Sarpanch, the vacancy shall be filled by election or nomination as the case may be : Provided that the vacancy is for a period of more than six months. (2) No vacancy in the Halqa Panchayat shall render its proceedings illegal so long as the number of Panches is not reduced below 50% of the total number of members of such Halqa Panchyat. 1. Sub-section (3) inserted by Act X of 2006, s. 2. 82 PANCHAYATI RAJ ACT, 1989 1 [8-A. Panchayat Advisory Committe.–– There shall be Panchayat Advisory Committee comprising such members as may be prescribed.]
## Section 9. Supersession of Halqa Panchayat. ––(1) If in the opinion of the Government a Halqa Panchayat is incompetent to perform or persistently makes default in the performance of duties imposed on it by or under this Act, the Government may, by notification, supersede such Halqa Panchayat : Provided that no order under this section shall be passed unless the Halqa Panchayat is called upon to show cause why such an order shall not be passed : 2 [Provided further that the explanation tendered by Halqa Panchayat shall be forwarded to the Panchayat Advisory Committee for its considration and recommendation to the Government in Rural Development Department. (2) The period of supersession shall not exceed six months during which the elections shall be held. (3) When an order under sub-section (1) is passed, the Government may, by order in writing, make arrangements for carrying out the work of the Halqa Panchayat for such period as it may specify, but not exceeding six months. (4) If a Halqa Panchyat is superseded–– (i) the Sarpanch and Panchs of the Halqa Panchayat shall, from the date of the notification, vacate their office ; (ii) the funds and other property vested in the Halqa Panchayat shall, during the period of supersession, vest in the person/body entrusted with the function under sub-section (3).
## Section 10. Remuneration to Sarpanch and Panches. ––(1) Every Sarpanch shall be entitled to such monthly honorarium as may be specified by the Government. (2) Each Panch shall be entitled to such sitting fee as may be specified by the Government.
## Section 11. Resignation.–– A Sarpanch, Naib-Sarpanch, a Panch of a Halqa Panchayat may, by writing under his hand, addressed to such authority as may be prescribed, resign his office and his office shall thereupon become vacant. 1. Section 8-A inserted by Act III of 1999, s. 4. 2. Proviso inserted ibid. PANCHAYATI RAJ ACT, 1989 83
CHAPTER III Powers and Functions
## Section 12. Powers and functions. ––(1) Subject to the provisions of this Act, it shall be the duty of each Halqa Panchayat to make provision for the following subject to availability of funds at its disposal :–– (i) to prepare the plans for the development of the halqa ; (ii) t o un dert a ke m ea sur es for th e im pl ement at i on of th e developmental plans ; (iii) to specifically deal with the problems of soil conservation, water management, social forestry, rural industrialisation, agriculture, sheep and animal husbandry, sanitation, health and other welfare programmes ; (iv) regulations 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 ; (viii) preparation and implementation of special development plans for alleviating poverty and employment generation through and besides programme, like Integrated Rural Development Programme, National Rural Employment Programme, Rural Landless Employment Guarantee Programme and Housing for Scheduled Castes and Backward Classes ; (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. (2) The Halqa Panchayat shall be involved in the implementation of scheme of universalisation of elementary education and other educational programmes. 84 PANCHAYATI RAJ ACT, 1989 (3) 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 and the Block Development Council within the area of which Halqa Panchayat is constituted.
CHAPTER IV Property
## Section 13. Property of Halqa Panchayat.–– The following shall constitute the property of a Halqa Panchayat :— (i) public village road, within the Halqa Panchayat area other than those under the control of any Department of the Government ; (ii) property, movable and immovable, which has been transferred to a Halqa Panchayat by the Government, any public body or an individual ; (iii) buildings, slaughter-houses, manure and night soil dumping sites, structures and water reservoir built by a Halqa Panchayat from its own funds or from contribution by Government, any public body or an individual ; (iv) rubbish, sewage, filth, bones, village cleanings, dead bodies of animals and other matters collected by the Halqa Panchayat under this Act ; (v) trees and grass growing on property belonging to the Halqa Panchayat, fruit and other produce thereof and windfalls thereon ; (vi) drains, tanks, ponds, wells, springs, streams, khuls, ghats, nallahs and quarries in the Halqa Panchayat area which do not belong to any person or a group of persons or to the Government and declared to be such property by a resolution of the Halqa Panchayat ; (vii) all public lamps or lamp posts and apparatus connected therewith or appertaining thereto ; (viii) any property which a Halqa Panchayat may acquire. (2) The Halqa Panchayat shall have power to acquire, hold and dispose of the property and enter into any contract in accordance with the laws and rules in force. PANCHAYATI RAJ ACT, 1989 85
## Section 14. Halqa Panchayat Fund. ––(1) Every Halqa Panchayat shall have a fund to be called “Halqa Panchayat Fund” which shall comprise the following :–– (i) Taxes, fees levied by Panchayat. (ii) Proceeds from the property and enterprises run by Halqa Panchayat. (iii) Court fees, fines and compensation paid to Halqa Panchayat. (iv) Donations and contributions paid by public for works undertaken by Halqa Panchayat. (v) Proceeds of the sanitation cess collected by Government on the revenue being loaned within Halqa Panchayat area. (vi) Grants from the Government for general purposes on per capita basis and also for specific functions. (vii) Loans from Government or other agencies approved by Government, or other financial institutions. (viii) All other income of Halqa Panchayat and such grants as may be assigned to the Halqa Panchayat by the Goverment, keeping in view the topography and backwardness of the area.
## Section 15. Imposition of taxes and fees. ––(1) Subject to such rules as may be made by the Government in this behalf, a Halqa Panchayat may impose one or more of the under mentioned taxes and fees : Provided that the Government may at any time after giving an opportunity to the Halqa Panchayat cancel or modify any tax or fees imposed under this section. Taxes : (i) Taxes on any trade, calling or profession within the jurisidiction of Halqa Panchayat subject to the maximum limit as indicated–– (a) on persons up to 1 [rupees one hundred] per annum ; (b) in the case of theatre, cinema and other places of entertainment up to 2 [rupees one hundred per day] ; 1. Substituted for “Rs. 50/-” by Act VI of 2014, s. 5, w.e.f. 01-06-2014. 2. Substituted for “Rs. 25/- per diem” ibid. 86 PANCHAYATI RAJ ACT, 1989 (ii) A tax payable by owner thereof on animals and vehicles kept within the area of Halqa Panchayat and plied for hire at the following maximum rates :— 1 [x x x x] 2 [(a)] in the case of vehicle, not exceeding 3 [rupees two hundred] per vehicle per annum ; 2 [(b)]in the case of tractor, not exceeding 4 [rupees two hundred and fifty] per tractor per annum ; 5 [x x x x] 6 [(iii) A tax of–– (a) rupees five hundred per annum, in case of rice husking mills ; (b) rupees five thousand per annum, in case of brick kilns ; and (c) rupees one thousand per annum, in case of oil mills]. 7 [x x x x]. Fees : (vii) Fees on persons exposing goods and animals for sale in market or Melas belonging to or under the control of Halqa Panchayat ; (viii) Fees for the use of slaughter house and encamping grounds ; (ix) Fees for temporary occupation of village sites, roads and other similar public places or parts thereof in the village ; (x) Fee on application for erection or re-erection of buildings ; (xi) Adda fee ; 1. Existing sub-clause (a) deleted by Act VI of 2014, s. 5, w.e.f. 01-06-2014. 2. Re-numbered as (a) and (b) ibid. 3. Substituted ibid for “Rs. 50/-”. 4. Substituted ibid for “Rs. 100/-”. 5. Existing clauses (iii) and (iv) deleted ibid. 6. Existing clause (v) re-numbered as clause (iii) and thereafter substituted ibid. 7. Existing clause (vi) deleted ibid. PANCHAYATI RAJ ACT, 1989 87 (xii) Fee for grazing of cattle in the grazing lands vested in Halqa Panchayat ; (xiii) Fee on cattle ponds ; (xiv) Fee on Tongas. Any other tax : (xv) Such other tax or fee as may be approved by the Government.
## Section 16. Power of entry for the purpose of valuation of taxation.–– The Sarpanch may authorise any person after giving twenty-four hours notice to the occupier, or if there be no occupiers, to the owner of any building or land at any time between sunrise and sunset,–– (i) to enter, inspect and measure any building for the purpose of valuation ; (ii) to enter and inspect any stable, coach house or other place wherein there is reason to believe that there is any vehicle, vessel or animal liable to taxation under this Act, or for which a licence has not been duly taken out : Provided that where any authorised person is not allowed to carry out the valuation, the valuation may be done ex-parte.
## Section 17. Appeal against levy of tax or fee. ––(1) An appeal against the levy of tax or fee by the Halqa Panchayat shall lie to the prescribed authority. (2) Where it is brought to the notice of the prescribed authority that a tax, rate of fee has not been imposed on any person on whom it should have been imposed, it may after hearing him, direct the Halqa Panchayat to impose it on that person or persons and the Halqa Panchayat shall thereupon act accordingly.
## Section 18. Recovery of dues as arrears of land revenue.–– Subject to such rules as may be made by the Government in this behalf, all the taxes or fees levied under this Act by the Halqa Panchayat and the moneys recoverable shall be recovered as arrears of land revenue.
## Section 19. Revision of taxation orders.–– Any person dissatisfied with the assessment under this Act, may within such time as may be prescribed, apply 88 PANCHAYATI RAJ ACT, 1989 to the prescribed authority in writing for a revision of the assessment and the prescribed authority may amend or confirm the same.
## Section 20. Audit of Panchayat Funds.–– The prescribed authority shall get the accounts of every Halqa Panchayat audited every year in the manner prescribed.
## Section 21. Annual Budget. ––(1) Every Halqa Panchayat shall prepare and lay for sanction before 1 [the Halqa Majlis] the budget estimates of income and expenditure for the year commencing on 1st day of April, of Halqa Panchayat incorporating therein future development programme and plans for the relevant year. (2) Copy of the budget estimates of income and expenditure and the annual report of the working of the Halqa Panchayat stating their future development programmes and plans for the next year shall be forwarded to the prescribed authority for record within three days after its sanction under sub-section (1). (3) If any Halqa Panchayat fail to present its budget or annual report in the meeting, the prescribed authority shall prepare the budget and the annual report of such Halqa Panchayat and present the same before an extraordinary general meeting of 1 [the Halqa Majlis] specially called for this purpose and 1 [the Halqa Majlis] shall consider the budget and the annual report so prepared and presented, and draw up development plans for the Halqa Panchayat area. (4) Approved budget for the Halqa Panchayat shall be duly publicised. 2 [(5) The records of the Halqa Panchayats pertaining to the funds and developmental activities shall be open for examination of the voters of the Halqa Panchayats concerned.]
## Section 22. Exemption from tax.–– Subject to any rule made in this behalf, the Government may, by order, exempt in whole or in part from the payment of any tax imposed under this Act, any person or class of persons or property or description of property.
## Section 23. Levy of fees on market etc.–– It shall be lawful for a Halqa Panchayat to lease by public auction or private contract the collection of any fees which may be imposed under this Act ; provided that the lessee shall give security for the due fulfilment of the conditions of the lease. 1. Substituted by Act III of 1999, s. 6. 2. Sub-section (5) inserted ibid. PANCHAYATI RAJ ACT, 1989 89
CHAPTER V Conduct of Business
## Section 24. Meetings of the Halqa Panchayat. ––(1)Every Halqa Panchayat shall hold its meeting at least once in a month. (2) The meeting shall be convened by Sarpanch and in his absence Naib-Sarpanch ; provided the first meeting after the constitution of Halqa Panchayat shall be convened by the prescribed authority, after notifying the date therefor. (3) The procedure for the conduct of business and maintenance of records, shall be such as may be prescribed.
## Section 25. Functions of Sarpanch and Naib-Sarpanch. ––(1) The Sarpanch shall preside over the meetings of the Halqa Panchayat and shall be responsibile for maintenance of the records of the Halqa Panchayat. (2) The Sarpanch shall be generally responsible for the financial and executive administration of the Halqa Panchayat and shall exercise administrative supervision and control in accordance with the rules framed in this behalf, over the staff of the Halqa Panchayat. (3) In the absence of the Sarpanch, the Naib-Sarpanch shall preside over the meeting of the Halqa Panchayat and discharge the functions of the Sarpanch with regard to the financial and administrative matters.
## Section 26. Staff. ––(1) Subject to such rules as may be made in this behalf, a Halqa Panchayat may employ such staff as is necessary for carrying out the duties imposed on it by this Act and may suspend, dismiss or otherwise punish such servants. (2) A Halqa Panchayat shall pay the remuneration to such servant out of the Halqa Panchayat Fund. CHAPTER VI Block Development Council
## Section 27. Constitution of Block Development Council. ––(1) For every Block in the State, the Government shall, by notification, constitute a Block Development Council bearing the name of the Block. 90 PANCHAYATI RAJ ACT, 1989 (2) Every Block Development Council shall be a body corporate, having perpetutual succession and a common seal and shall, by its corporate name, sue and be sued, subject to such conditions or restrictions as the Government may prescribe. (3) The Block Development Council shall consists of–– (i) a 1 [Chairperson] ; (ii) all Sarpanches of Halqa Panchayats falling within the Block. 2 [x x x x] : 3 [Provided that the offices of the Chairpersons of Block Development Councils shall be reserved for–– (a) the Scheduled Castes ; and (b) the Scheduled Tribes, in every district and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of offices of Chairpersons to be filled by direct election in that district as the population of the Scheduled Castes in that district, or of the Scheduled Tribes in that district, bears to the total population in that district and such offices may be allotted by rotation to different Block Development Council Constituencies in a district in such manner and by such authority as may be prescribed : Provided further that–– (a) not less than one-third of the total number of offices of Chairpersons reserved under the above proviso shall be reserved for women belonging to the scheduled castes or, as the case may be, the scheduled tribes ; and (b) not less than one-third of the total number of offices of Chairpersons to be filled by direct election in the district shall be reserved for women (including the number of offices of Chairpersons of Block Development Councils reserved for women belonging to scheduled castes or scheduled tribes) and such offices may be allotted by 1. Substituted for “Chairman” by Act VI of 2014, s. 6, w.e.f. 01-06-2014. 2. Clause (iii) deleted ibid. 3. First proviso substituted ibid. PANCHAYATI RAJ ACT, 1989 91 rotation to different constituencies in a district by such authority and in such manner as may be prescribed] : 1 [Provided further that in the case of Districts of Leh and Kargil, the Councillors of any Council constituted under section 3 of Ladakh Autonomous Hill Development Council Act, 1997 representing the area falling in any block shall be the ex-officio member of the Block Development Council for such Block].
## Section 28. 2 [Chairperson], 2 [Vice-Chairperson] and Secretary. ––3 [(1) Every Block Development Council shall have a Chairperson who shall be a Sarpanch or a Panch in any Halqa Panchayat of that block and shall be elected in accordance with the provisions contained in section 41 : Provided that on election of a Sarpanch or a Panch as the Chairperson of Block Development Council, he shall, after being so elected, vacate his office as Sarpanch or Panch, as the case may be.] (2) Every Block Development Council shall have a 2 [Vice-Chairperson] who shall be elected by the members of the Block Development Council from amongst themselves. (3) The Block Development Officer shall be the Secretary of the Block Development Council. 4 [(4) A Chairperson of Block Development Council shall be entitled to such monthly honorarium, and a Vice-Chairperson of the Block Development Council shall be entitled to such sitting fee, as the Government may prescribe from time to time]. 5
[## Section 29. Term of the Block Development Council.–– The term of a Block Development Council shall be co-extensive with the term of Halqa Panchayats of that block].
## Section 30. Removal of 2 [Chairperson].–– The 2 [Chairperson] of the Block Development Council shall be deemed to have vacated his office if a motion of no confidence moved against him by any member on any of thefollowing grounds, is carried by a majority of not less than two-third of the total number of Panches and Sarpanches of Halqa Panchayats of the Block at special meeting convened for the purpose in such manner as may be prescribed. The grounds aforesaid are :–– 1. Proviso added by Act VII of 2003, s. 2. 2. Words “Chairman” and “Vice-Chairman” substituted by Act XIII of 2016, s. 12. 3. Sub-section (1) substituted by Act VI of 2014, s. 7, w.e.f. 01-06-2014. 4. Sub-section (4) inserted ibid. 5. Section 29 substituted ibid, s. 8. 92 PANCHAYATI RAJ ACT, 1989 (i) gross misconduct ; (ii) neglect of duty ; (iii) disqualification prescribed under section 6. CHAPTER VII Powers and Functions
## Section 31. Powers and functions of the Block Development Council.–– The Block Development Council shall perform the following functions :— (i) constructions, maintenance and supervision of Inter-Halqa Panchayat Communication System ; (ii) administrative and technical guidence to Halqa Panchayats and review of their work ; (iii) to superwise plans relating to agriculture, rural development, animal husbandary/sheep husbandary, social forestry, education and public health ; (iv) supervise and monitor the implementation of poverty alleviation programmes like, Integrated Rural Development Programme, National Rural Employment Programme, Rural Landless Employment Guarantee Programme ; (v) undertake measures for effective supervision and monitoring of various developmental programmes ; (vi) to carry out such other functions as may be entrusted to it by the Government or by the District Planning and Development Board.
## Section 32. Powers and functions of the 1 [Chairperson] and the 1 [ViceChairperson]. ––(1) The 1 [Chairperson] and in his absence the 1 [ViceChairperson], shall preside over the meeting of the Block Development Council. (2) The 1 [Chairperson], and in his absence the 1 [Vice-Chairperson] shall exercise general control and supervision over the staff and affairs of the Block Development Council.
## Section 33. Remuneration to 1 [Chairperson] and Members. ––(1) The members of the Block Development Council shall be entitled to such sitting fee, as may be prescribed, from time to time. 1. Words “Chairman” and “Vice-Chairman” substituted by Act XIII of 2016, s. 12. PANCHAYATI RAJ ACT, 1989 93 (2) The 1 [Chairperson] of the Block Development Council shall be paid such honorarium as may be prescribed, from time to time. CHAPTER VIII Property and Finance
## Section 34. Property and finances of the Block Development Council. ––(1) Block Development Council shall have the powers to acquire, hold or dispose of property and enter into a contract in accordance with the rules in force. (2) For every Block Development Council, there shall be constituted a “Block Development Council Fund”comprising grants made by the Government having due regard to the number of Panchayat Halqas in a Block and the revenues assigned by the District Planning and Development Board.
CHAPTER IX Procedure for Conduct of Business
## Section 35. Meetings. ––(1) Every Block Development Council shall hold its meeting once in a month. The meeting shall be convened by the 1 [Chairperson], and in his absence by the 1 [Vice-Chairperson] ; provided the first meeting of the Block Development Council after its constitution shall be convened by the prescribed authority after notifying the date therefor. (2) The procedure for conduct of business and maintenance of records of the Block Development Council shall be such as may be prescribed.
CHAPTER X Holding of Elections 2
[## Section 36. State Election Commission. ––(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections under this Act shall vest in an Election Authority to be known as the State Election Commission : Provided that for purposes of holding general elections under the Act in the year 2011, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections under this Act shall continue to vest in the Chief Electoral Officer of the State as heretofore : 1. Words “Chairman” and “Vice-Chairman” substituted by Act XIII of 2016, s. 12. 2. Substituted by Act XV of 2011, s. 3. 94 PANCHAYATI RAJ ACT, 1989 1 [Provided further that for purposes of holding general elections under this Act in the year 2018, the superintendence, direction and control of the preparation of electoral rolls and conduct of, all elections in accordance with this Act shall vest in the Chief Electoral Officer]. (2) Notwithstanding anything contrary contained in this Act or any other law for the time being in force in the State, the Government may, by a notification in the Government Gazette, vest the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, election under any other law for the time being in force in the State in the Commission. (3) The Commission shall consist of a State Election Commissioner, to be appointed by the Governor on the recommendation of a Committee consisting of the–– (i) Chief Minister 2 [Chairperson] (ii) A senior Minister to be nominated Member by the Chief Minister (iii) Speaker of Legislative Assembly Member (iv) Minister Incharge Panchayats Member (v) Leader of Opposition in Legislative Member. Assembly Explanation:––For purposes of this sub-section, the ‘Leader of Opposition in Legislative Assembly’ shall, when no such Leader has been so recognised, include the leader of the single largest group or party in Opposition to the Government, in the Legislative Assembly. (4) A person shall not be qualified for being appointed as state Election Commissioner unless he is holding or has held a post in the Indian Administrative Service or a post in any civil service of the Union or the State not below the rank of Commissioner/Secretary to Government having knowledge and experience in matters relating to conduct of elections : Provided that if the person so appointed is in service at the time of his appointment, he shall be deemed to have retired on superannuation from the date 1. Second Proviso inserted by Act XII of 2018, s. 3. 2. Substituted by Act XIII of 2016, s. 12 for “Chairman”. PANCHAYATI RAJ ACT, 1989 95 of his assumption of office as State Election Commissioner and shall be entitled to receive pension and other post retirement benefits in respect of that service. (5) The State Election Commissioner shall, before entering upon his office, make and subscribe before the Governor or any other person nominated in this behalf by him, an oath or affirmation in the following manner:–– I, ___________________having been appointed as the State Election Commissioner, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India and Constitution of Jammu and Kashmir as by law established ; that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill will. 36A. Term of office and other conditions of service of State Election Commissioner. ––(1) The State Election Commissioner shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier : Provided that he may–– (a) by writing under his hand addressed to the Governor, resign his office ; or (b) be removed from his office in the manner provided in section 36B. (2) On ceasing to hold office, the Sate Election Commissioner shall be ineligible for, reappointment to that office or, any other assignment or appointment to any office under the Government of India or under the Government of any State. (3) The salary, allowance and other conditions of the State Election Commissioner shall be such as may be prescribed from time to time : Provided that if the State Election Commissioner is at the time of his appointment eligible for, or in receipt of, a pension in respect of any previous service, his salary in respect of service as State Election Commissioner shall be reduced,–– (a) by the amount of that pension ; and (b) if he has before such appointment received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that amount of pension. 96 PANCHAYATI RAJ ACT, 1989 36B. Removal of the State Election Commissioner. ––(1) Subject to the provisions of sub-section (3), the State Election Commissioner shall not be removed from his office except by an order made by the Governor on the ground of proven misbehaviour or incapacity after an enquiry conducted by a sitting or a retired judge of the High Court, on a reference made to him by the Governor. (2) The Governor may suspend from office, and if necessary prohibit also from attending the office during inquiry, the State Election Commissioner in respect of whom a reference has been made to the inquiry Officer under sub-section (1) until the Governor has passed orders on receipt of the report of the Inquiry Officer on such reference. (3) Notwithstanding anything in sub-section (1), the Governor may by order remove from office the State Election Commissioner, if he:–– (a) is adjudged as insolvent ; or (b) engages during the term of his office in any employment outside the duties of his office ; or (c) is unfit to continue in his office by reason of his infirmity of mind or body ; or (d) is convicted and sentenced to imprisonment for offence which involves moral turpitude. 36C. Officers and staff of State Election Commission. ––(1) The Government shall make available to the Commission,–– (a) an officer not below the rank of Additional Secretary to Government who shall be the Secretary of the Commission ; (b) such other officers or employees, as may be requested by the Commission from time to time : Provided that the Government may designate any officer of the Commission as Deputy Election Commissioner. (2) The officers and employees of the Commission shall continue to be governed by the rules and regulations as were applicable to them in their parent services. (3) The State Election Commission shall, in consultation with the Government, designate or nominate such of the officers and employees of the Government as various authorities for purposes of preparation and revision of electoral rolls and conduct of elections under this Act, as it may deem fit. PANCHAYATI RAJ ACT, 1989 97 36D. Powers of the State Election Commission. ––(1) The State Election Commission shall be deemed to be a Civil Court under the Code of Civil Procedure, Samvat 1977 and a proceeding before the Commission shall be deemed to be a judicial proceeding. (2) The Commission shall have the power to–– (a) require any person including an officer or an employee of the Government, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information or any matter which, in the opinion of the Commission, may be useful for, or relevant to, the subject of enquiry ; (b) give such directions to the officers and employees of the Government or the panchayat Raj Institutions or any other statutory body or society as it considers necessary to ensure smooth and efficient conduct of elections under this Act ; (c) delegate any of its powers to such officers and employees of the Government, as it may deem necessary ; 1 [(cc) to determine and delimit Halqa Panchayats in accordance with this Act] : 2 [Provided that for the purposes of holding general elections under this Act in the year 2018, the power to determine and delimit Halqa Panchayats in accordance with this Act shall vest in the Chief Electoral Officer] ; (d) regulate its own procedure including the fixing of time and place of its sittings ; and (e) exercise such other powers as may be prescribed by the Government from time to time.]
## Section 37. There shall be no bar on holding of election on party lines.
## Section 38. Electoral Roll.–– For every Halqa Panchayat there shall be an electoral roll, which shall be prepared by Election Authority in accordance with the provisions of this Act.
## Section 39. Disqualification for registration in an electoral roll.–– A Person shall be disqualified for registration in an electoral roll if he,— 1. Clause (cc) inserted by Act VI of 2014, s. 9, w.e.f. 01-06-2014. 2. Proviso after clause (cc) inserted by Act XII of 2018, s. 4. 98 PANCHAYATI RAJ ACT, 1989 (i) is not a permanent resident of the State ; (ii) is of unsound mind and stands so declared by a competent court ; (iii) has not attained age of 18 years. 1
## Section 40. Omitted.
## Section 41. Election of 2 [Chairperson] of Block Development Council.–– The 2 [Chairperson] of Block Development Council shall be elected by the electoral college comprising 3[x x x] Panchs and Sarpanchs of Halqa Panchayat falling within the Block. The election shall be held in such manner as may be prescribed.
## Section 42. Holding of elections. ––(1) The elections to the Halqa panchayat shall be held one month prior to the expiry of term or within six months from the date of supersession, as the case may be. (2) The election of the 2 [Chairperson] of Block Development Council shall be held one month prior to the expiry of the term. 4 [42-A. Nomination of candidates for election. ––(1) Any person may nominate himself as a candidate for election of Panch 5 [x x x] of a Halqa Panchayat if his name is included in the electoral roll of such Halqa Panchayat. (2) On or before the date appointed for submission of nomination papers by the Election Authority, every candidate for election of Panch 5 [x x x] of a Halqa Panchayat or 2 [Chairperson] Block Development Council shall deliver or cause to be delivered through his agent to the Returning Officer a nomination paper completed in the prescribed form and signed by the candidate. (3) A candidate shall not be deemed to be duly nominated for election from a Panchayat Constituency or Block Development Council unless he deposits or causes to be deposited such amount of security, as may be prescribed, for election of Panch, Sarpanch or 2 [Chairperson] Block Development Council, as the case may be : Provided that in the case of Scheduled Caste/Scheduled Tribe or Women candidates, the amount of security deposit shall be 50% of the deposit so prescribed. 1. Section 40 omitted by Act XIII of 2016, s. 3. 2. Word “Chairman” substituted by Act XIII of 2016, s. 12. 3. Word “elected” omitted by Act II of 2004, w.e.f. 23-09-2003. 4. Sections 42-A ad 42-B inserted ibid. 5. Words “or Sarpanch” omitted by Act XIII of 2016, s. 4. PANCHAYATI RAJ ACT, 1989 99 42-B. Forfeiture of Security Deposit.— The security deposit of a candidate shall be liable to be forfeited if he polls less than 1/6th of the total valid votes polled.]
## Section 43. Disputes regarding elections. ––(1) The election of a person 1 [as Panch] of a Halqa Panchayat or as a 2 [Chairperson] of the Block Development Council shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the grounds that :— (a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevalied at the election ; (b) that the result of the election has been materially affected— (i) by the improper acceptance or rejection of any nomination ; or (ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder.
## Section 44. Jurisdiction of civil courts in election matters barred.–– No civil court shall have jurisdiction to question the legality of any action taken or any decision given by an officer or authority appointed under this Act in connection with the conduct of elections thereunder.
CHAPTER XI District Planning and Development Board
## Section 45. Constitution of District Planning and Development Board. ––(1) Each District shall have a District Planning and Development Board to be constituted by the Government by notification in the Government Gazette. (2) The District Planning and Development Board shall comprise the following :— (i) 2 [Chairperson] of the Block Development Councils of the District ; (ii) Member of Parliament representing the area ; 1. Substituted for “as Sarpanch, Panch” by Act XIII of 2016, s. 5. 2. Substituted for “Chairman” by Act XIII of 2016, s. 12. 100 PANCHAYATI RAJ ACT, 1989 (iii) Members of the State Legislature representing the areas within the District ; (iv) Chairmen of the Town Area Committees at the District ; (v) President of the Municipal Council, if any. 1 [(3) The Chairperson of the Board shall be elected by members of District Development and Planning Board from amongst themselves in such manner as may be prescribed : Provided that the offices of the Chairpersons shall be reserved for–– (a) the Scheduled Castes ; and (b) the Scheduled Tribes, and the number of offices of Chairpersons so reserved shall bear, as nearly as may be, the same proportion to the total number of offices of Chairpersons to be filled by direct election in the State as the population of the scheduled castes in the State, or of the scheduled tribes in the State, bears to the total population of the State and such offices of Chairpersons may be allotted by rotation to different districts in the State in such manner and by such authority as may be prescribed : Provided further that–– (a) not less than one-third of the total number of offices of Chairpersons reserved under the above proviso shall be reserved for women belonging to the scheduled castes or, as the case may be, the scheduled tribes ; and (b) not less than one-third of the total number of seats to be filled by direct election in the State shall be reserved for women (including the number of offices of Chairpersons reserved for women belonging to scheduled castes or scheduled tribes) and such seats may be allotted by rotation to different districts in the State by such authority and in such manner as may be prescribed]. 1 [(4) The Vice-Chairperson of the Board shall be elected by the members of the District Development and Planning Board from amongst themselves in such manner as may be prescribed]. 1. Sub-sections (3) and (4) substituted by Act XIII of 2016, s. 10. PANCHAYATI RAJ ACT, 1989 101 (5) The District Development Commissioner shall be the Chief Executive of the District Planning and Development Board and he shall be assisted by the District Level Heads in discharge of functions as such. 2 [(6) Chairperson of the District Planning and Development Board shall be paid such monthly honorariumas may be prescribed by the Government. (7) The term of District Planning and Development Board shall be coextensive with the term of the Block Development Councils and Halqa Panchayats of the concerned district]. CHAPTER XII Powers, Functions and Finance
## Section 46. Powers and functions of the District Planning and Development Board. ––(1) The District Planning and Development Board shall exercise and perform the following powers and functions :— (i) to consider and guide the formulation of development programmes of the District and indicate priorities of various schemes and consider issues relating to the speedy development and economic upliftment of the District ; (ii) to review periodically progress and achievements of developmental plans and schemes and make recommendations as it considers appropriate ; (iii) to function as a working group for formulation of periodic and annual plans for the District ; (iv) to formulate and finalize the plan and non-plan budget for the District ; (v) to lay down the policy guidelines for the Block Development Council and Halqa Panchayat ; (vi) to approve the budget of the Block Development Council and supervise and co-ordinate their work ; (vii) to undertake special measures for alleviating poverty and employment generation and extending assistance to Halqa Panchayat in this behalf ; 1. Sub-sections (6) and (7) inserted by Act XIII of 2016, s. 10. 102 PANCHAYATI RAJ ACT, 1989 (viii) to promote and assist co-operative institutions ; (ix) to perform such other functions and duties as may be assigned or entrusted to it by the Government from time to time.
## Section 47. Finance. ––(1) All the funds provided by the Government or any other agency, meant for the Development of District will flow through the District Planning and Development Board as per the District Plans. (2) The District Planning and Development Board shall set up committees to handle specified jobs. The number of such committees, the manner in which they shall be constituted and perform their functions, shall be such as the District Planning and Development Board may deem fit. CHAPTER XIII Constitution of Panchayati Adalat
## Section 48. Composition of Panchayati Adalats. ––(1) There shall be a Panchayati Adalat for every Halqa. (2) The Panchayati Adalat shall comprise five members who shall be nominated by the prescribed authority out of the panel prepared and recommended by Halqa Panchayat out of its electorate : Provided that no person shall be so recommended unless he— (i) is literate ; (ii) has attained the age of 30 years ; (iii) is not a Sarpanch, Naib-Sarpanch or a Panch ; (iv) is not under the employment of the Government or any local body or corporation. (3) The term of members of the Panchayati Adalat shall be five years from the date of nomination. (4) Three members of the Panchayati Adalat shall form the quorum. (5) If any vacancy arises in the Panchayati Adalat, it shall be filled up in the same manner as prescribed under sub-section (2) and the member so nominated shall serve for the residue of term of his predecessor. PANCHAYATI RAJ ACT, 1989 103 1 [(6) A member of Panchayati Adalat shall be entitled to such sitting fee as the Government may prescribe from time to time].
## Section 49. Procedure for conduct of business.–– Save as otherwise provided in this Act, the Government may make rules to–– (i) regulate the conduct and distribution of business and practice before a Panchayati Adalat ; (ii) prescribe the time and place at which the Panchayati Adalat shall sit.
## Section 50. 2 [Chairperson] of Panchayati Adalat.–– The members of a Panchayati Adalat shall elect any member from amongst themselves to be the 2 [Chairperson] of such Panchayati Adalat : Provided that if the members of a Panchayati Adalat fail to elect the 2 [Chairperson] within a period of thirty days from the date of nomination, the prescribed authority shall appoint one from amongst the members to be the 2 [Chairperson] of such Panchayati Adalat.
## Section 51. Secretary of the Panchayati Adalat.–– The Secretary of the Halqa Panchayat shall act as the judicial clerk to the Panchayati Adalat for the purpose of recording its proceedings and decisions and such other duties as may be prescribed.
## Section 52. Removal of the 2 [Chairperson] and the member of Panchayati Adalat.–– (1) The Government may remove the 2 [Chairperson] or member of a Panchayati Adalat after giving him opportunity of being heard and after such enquiry, as the Government deems necessary, if in the opinion of the Government, such 2 [Chairperson] or member, as the case may be, has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or neglect or refusal to perform or is incapable to perform the functions of the Panchayati Adalat. (2) If an enquiry is held under sub-section (1), the Government may suspend the 2 [Chairperson] or the member of the Panchayati Adalat. (3) A person removed from the Panchayati Adalat under sub-section (1) shall not be eligible for nomination to such Panchayati Adalat.
## Section 53. Transfer of pending suits and the cases to Panchayati Adalat.–– All suits and cases pending before a Panchayati Adalat constituted under the Jammu and Kashmir Village Panchayat Act, 1958 or before the Civil or Criminal Court, 1. Sub-section (6) inserted by Act XIII of 2016, s. 11. 2. Substituted for “Chairman” ibid. 104 PANCHAYATI RAJ ACT, 1989 for matters within the jurisdiction of a Panchayati Adalat constituted under this Act shall stand transferred to the concerned Panchayati Adalat so constituted.
## Section 54. Hearing by members of Panchayati Adalat.–– No member of a Panchayati Adalat who is a party to or is personally interested in, any suit or case, shall hear or dispose of such suit or case.
## Section 55. 1 [Chairperson] and members to be public servants. ––(1) Every member including the 1 [Chairperson] of the Panchayati Adalat shall be deemed to be a public servants within the meaning of section 21 of the Ranbir Panal Code, Samvat 1989. (2) The provisions of the Judicial Officers Protection Act, 1971 shall apply to every Panchayati Adalat and to every member thereof while acting judicially.
## Section 56. Criminal jurisdiction. ––(1) Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989 and subject to the provisions of this Act, a Panchayati Adalat shall have jurisdiction over the concerned Halqa Panchayat area for the trial of and shall take cognizance of any offence and abetment of or attempt to commit any offence, specified in the Schedule : Provided that no such cognizance shall be taken by a Panchayati Adalat of any case in which the accused,— (i) has been previously convicted of an offence punishable under Chapter XII or Chapter XVII of the Ranbir Penal Code with imprisonment of either description for a term of three years or onwards ; or (ii) has been previosusly sentenced for any offence to life imprisoment for a like term ; or (iii) has been previosusly sentenced by any Panchayati Adalat for a theft or for dishonestly receiving stolen property ; or (iv) is a registered habitual criminal ; or (v) has been bound over to be of good behavior under section 109 or section 110 of the Code of Criminal Procedure, Samvat 1989 : 1. Substituted for “Chairman” by Act XIII of 2016, s. 12. PANCHAYATI RAJ ACT, 1989 105 Provided further that the Government may, on its own motion or on the recommendation of the prescribed authority, exclude, by notification in the Government Gazette the jurisdiction of any Panchayati Adalat in respect of any of the offences specified in the Schedule : Provided also that no Panchayati Adalat shall take cognizance of any case relating to an offence specified in the Schedule in which either the complainant or the accused is a public servant as defined in section 21 of the Ranbir Penal Code, Samvat 1989.
## Section 57. Panchayati Adalat before which case to be instituted.–– Every case under this Act shall be instituted in the Panchayati Adalat within the local limits of whose jurisdiction the offence was committed.
## Section 58. Penalties.–– A Panchayati Adalat shall not be competent to impose on any person convicted of an offence tried by it, any sentence other than a sentence of fine not exceeding one thousand rupees.
## Section 59. Compensation to complainant.–– A Panchayati Adalat may direct that the whole or any part of the fine, when released shall be paid as compensation to the complainant or person affected by the offence.
## Section 60. Compensation to accused.–– If a Panchayati Adalat is satisfied after enquiry that the case brought before it is false, frivolous or vexatious, it may order the complainant to pay the accused such compensation not exceeding two hundred rupees as it deems fit.
## Section 61. Youthful offenders.–– Subject to the provisions of section 562 of the Code of Criminal Procedure, Samvat 1989, a Panchayati Adalat may, instead of passing sentence, discharge, after due admonition an offender who in its opinion was on the date of the commission of offence not over fifteen years of age.
## Section 62. Recovery of fines.–– If any fine imposed or compensation ordered to be paid by a Panchayati Adalat remains unpaid for thirty days, the Panchayati Adalat shall certify the fact of non-payment to the District Panchayat Officer having jurisdiction, who shall proceed to recover it as if it were a fine imposed by himself.
## Section 63. Previous acquittal etc.–– Where an accused person has been tried for and discharged, convicted or acquitted of any offence, no Panchayati Adalat shall take cognizance of such offence, or on the same facts or any other offence.
## Section 64. Local inquiry and reports. ––(1) A Panchayati Adalat may be directed by a Magistrate to make a local enquiry under section 202 of the Code Criminal 106 PANCHAYATI RAJ ACT, 1989 Procedure, Samvat 1989, in any case in which the offence was committed within the local limits of the jurisdiction of such Panchayati Adalat. (2) Any Magistrate before whom a proceeding under section 488 of the said Code is pending may require a Panchayati Adalat in whose juridiction the husband or parent against whom the proceeding has been stared, might be residing to submit a report as to the amount of maintenance allowance which, having regard to the circumstances of the parties to such proceedings should be payable. Such report shall form part of the record and may be used as evidence in such proceeding without the same being proved.
## Section 65. Summary dismissal of complaint.–– A Panchayati Adalat may dismiss any complaint, if after examining the complainant and taking such evidence as he produces, it is satisfied that the complaint is frivolous, vexatious or untrue.
## Section 66. Civil jurisdiction.–– Notwithatanding anything contained in the Code of Civil Procedure, Samvat 1977 and subject to the provisions of this Act, a Panchayati Adalat shall have jurisdiction over the concered Halqa Panchayat area for which it has been constituted for the trial of such suits as are described in section 67.
## Section 67. Suits cognizable by Panchayati Adalat. ––(1) The following suits shall be cognizable by a Panchayati Adalat, namely :— (i) suits for ascertained sums not exceeding three thousand rupees ; (ii) suits for damages not exceeding three thousand rupees for breach of contract not effecting immovable property ; (iii) suits for compensation for wrongly taking or injuring movable property not exceeding three thousand rupees in value ; (iv) suits for specific movable property or for the value thereof not exceeding three thousand rupees only : Provided that no Panchayati Adalat shall take cognizance of any suit–– (a) by or against a minor or a person of unsound mind ; (b) by or against the 1 [Chairperson] or any member of the Panchayati Adalat ; (c) by or against the Sarpanch or any Panch of the Halqa in his official capacity ; 1. Substituted for “Chairman” by Act XIII of 2016, s. 12. PANCHAYATI RAJ ACT, 1989 107 (d) in respect of any dispute or matter in which a suit or application may be brought or made before a Revenue Officer ; (e) in respect of any matter directly and substantially in issue in a previously insituted suit between the same parties or those under whom they claim, which is pending in or has been heard and finally decided by a court of competent jurisdiction or by a Panchayati Adalat ; and (f) by or against the Government or a Co-operative Society or any employee of the local authority or an officer or servant of a local authority in his official capacity. (2) The Government may, by notification in the Government Gazette, confer on any Panchayati Adalat the jurisdiction to hear and dispose of suit, of the nature specified in sub-section (1) of which the amount or value does not exceed three thousand rupees.
## Section 68. Suits to include whole claim. ––(1) Every suit instituted in a Panchayati Adalat shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action, but he may relinquish any portion of his claim in order to bring the suit within the jurisdiction of Panchayati Adalat. (2) If a plaintiff omits to sue in respect of or intentionally relinquishes, any portion of his claim, he shall be precluded from bringing any separate action whether before a Panchayati Adalat or a civil court for, or in respect of the portion so omitted or relinquished.
## Section 69. Place of institution.–– Every suit under this Act shall be instituted before the Panchayati Adalat within whose jurisdiction the plaintiff or any defendant in the suit resides at the time of the institution of the suit.
## Section 70. Interest and instalments.–– (1) In suits for money, the Panchayati adalat may, in its discretion, decree interest on the sum decreed at a rate not exceeding ten percent per annum from the date of payment. (2) Where the decree is for payment of money, the Panchayati Adalat may direct that the payment of the amount decreed be made by instalments.
## Section 71. Execution. ––(1) A decree or order passed by a Panchayati Adalat shall be executed by it in such manner as may be prescribed. (2) If a Panchayati Adalat finds any difficulty in executing a decree or order, it may forward the same in the manner prescribed, to the District Panchayat Officer who shall get the decree or order executed. 108 PANCHAYATI RAJ ACT, 1989
## Section 72. Appearance in person or by representative. ––(1) The parties to a case triable by a Panchayati Adalat shall appear personally before such Panchayati Adalat ; provided that the Panchayati Adalat may, for the reasons to be recorded in writing dispense with the personal attendance of the complainant or the accused and permit him to appear by agent and it shall so dispense with such personal attendance if the complainant or the accused is a person exempt from personal attendance in court.
## Section 73. Transfers. ––(1) Any Magistrate before whom a complaint or report by the police of any offence triable by a Panchayati Adalat is brought or who takes cognizance of any such offence upon his knowledge or suspicion shall transfer the prooceedings to a Panchayati Adalat of competent jurisdiction. (2) Any Judicial Magistrate may, on an application made by any aggrieved party to suit or case pending before a Panchayati Adalat, after satisfying himself, and recording the reasons therefor, transfer the same to any other nearest Panchayati Adalat. (3) On the transfer of such suit or case, the Panchayati Adalat to which it is transferred shall hear such suit or case, as if the same was instituted before it.
## Section 74. Appeals and revisional powers. ––(1) Unless otherwise provided in this Act, no appeal shall lie from any sentence, decree or order passed by a Panchayati Adalat in any suit or case tried by it. (2) On an application made within 60 days by any of the parties to a suit or case tried by a Panchayati Adalat or on his own motion :–– (a) the District Judge having jurisdiction may in relation to any such suit ; and (b) the Sessions Judge having jurisdiction may in relation to any such case, call for and examine the record of proceeding of a Panchayati Adalat for purpose of satisfying as to the legality or propriety of any decree or sentence passed or as to the regularity of the proceedings held by such Panchayati Adalat. (3) If it appears to the District Judge or the Sessions Judge, as the case may be, that any decree, order of sentence passed or any proceedings taken by a Panchayati Adalat should be modified, cancelled or reversed, he may pass such order as he thinks just. (4) All appeals pending before any court of competent jurisdiction at the commencement of this Act, shall be disposed of as such by the District Judge or PANCHAYATI RAJ ACT, 1989 109 the Sessions Judge in accordance with law under which it was made and in doing so, he may confirm, reverse or modify the decision or order appealed from. (5) The order of the District Judge or the Sessions Judge, as the case may be, passed under sub-section (3) or sub-section (4) shall be final.
## Section 75. Decrees or orders passed are not to be altered.–– Subject to the provisions of this Act, a Panchayati Adalat shall have no power to cancel, revise or alter any decree, judgement or order passed by it : Provided that clerical or arithmetical mistake in judgment, decree or order or errors arising therein from any accidental slip or omission may at any time be corrected by the Panchayati Adalat either on its own motion or on the application of any of the parties.
## Section 76. Pending cases before the Panchayati Adalat when term of office has expired.–– A Panchayati Adalat newly constituted on the expiry of term of office of the members of previous Panchayati Adalat shall hear and dispose of suits, cases and proceedings pending before the latter at the date of the expiry of such term : Provided that the hearing of such suits, cases and proceedings shall commence before the Panchayati Adalat newly constituted, as if such suits, cases and proceedings were instituted before it.
## Section 77. Contempt of Panchayati Adalat. ––(1) If any person intentionally offers any insult to a Panchayati Adalat or any member thereof, while it is sitting in any stage of judicial proceedings in its or his view or presence or refuses to take oath duly administered or sign a statement made by the said person when legally required to do so, the Panchayati Adalat may at any time before rising on the same day, take cognizance of the offence and sentence the offender to a fine not exceeding two hundred rupees. (2) The fine imposed under sub-section (1) shall, for the purpose of section 62 be deemed to be fine imposed in a criminal case.
## Section 78. Bar to arrest and imprisonment in execution of decree.–– No person shall be arrested or impoisoned in execution of a decree under the provisions of the Act.
## Section 79. Remuneration to members of Panchayati Adalat.–– The 1 [Chairperson] and the members of the Panchayati Adalat will be entitled to a sitting fee as may be decided by the Government from time to time. 1. Substituted for “Chairman” by Act XIII of 2016, s. 12. 110 PANCHAYATI RAJ ACT, 1989 CHAPTER XIV Miscellaneous
## Section 80. Power to make rules. ––(1) The Government may make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide :— (i) for all matters expressly required or allowed by this Act to be prescribed by rules ; and (ii) for the procedure for exercise of civil and criminal jurisdiction ; imposition of penalties by the Panchayati Adalat ; (iii) procedure regulating the conduct of elections to Panchayat Halqas and 1 [Chairperson] of Block Development Council ; (iv) that a contravention of any rule made under this Act shall be punishable with a fine which may extend to fifty rupees.
## Section 81. Power to make bye-laws.–– Subject to any rule made by the Government, a Halqa Panchayat may make bye-laws for carrying out its duties and functions conferred on it under this Act. Any such bye-laws shall be made with the approval of the prescribed authority.
82. Disputes as to properties.–– If any dispute arises as to the ownership of any property or the vesting of any rights arising between Panchayat Halqas, the same shall be decided by the Government whose decision thereon shall be final and binding on the Panchayat Halqas.
## Section 83. Repeal and saving. ––(1) The Jammu and Kashmir Village Panchayat Act, 1958 is hereby repealed. (2) Notwithstanding such repeal, anything done, any action taken, order or notification issued, rule or bye-laws made under the provisions of the aforesaid Act shall, in so far as the same are not inconsistent with the provisions of this Act, be deemed to have been done, taken issued or made under the corresponding provisions of this Act. ––––––– 1. Substituted for “Chairman” by Act XIII of 2016, s. 12. PANCHAYATI RAJ ACT, 1989 111 SCHEDULE Law Sections A. Office under the Ranbir Penal Code, 1989 : 1. Wearing the grab or carrying any token used by a 140 soldier with intent that it may be believed that he is such a soldier. 2. Committing affray. 160 3. Personating a public servant. 170 4. Absconding to avoid service of summons or other 172 proceedings from a public servant. 5. Preventing the service or the affixing of any summons 173 or notice, or the removal of it when it has been affixed, or preventing a proclamation. 6. Not obeying a legal order to attend at a certain place 174 in person or by agent or departing therefrom with authority. 7. Intentionally omitting to produce a document to a 175 public servant by a person legally bound to produce or deliver such document. 8. Refusing oath or affirmation when duly required by 178 public servant to make it. 9. Refusing to answer questions, being legally bound 179 to state truth. 10. Refusing to sign a statement made to a public servant 180 when legally required to do so. 11. Intentionally omission to give information of an offence 202 by a person legally bound to inform. 12. Negligent act likely to spread the infection of any 269 disease dangerous to life. 112 PANCHAYATI RAJ ACT, 1989 Law Sections 13. Fouling the water of a public spring or reservoir. 277 14. Making atmosphere noxious to health 278 15. Driving or riding on a public way so rashly 279 or negligenlty as to endanger human life,etc. 16. Causing danger, obstruction or injury in any public way. 283 17. Dealing with five or any combustible matter so as 285 to endanger human life, etc. 18. A person omitting to guard against probable danger 288 to human life by the fall of any building over which he has a right entitling him to pull it down or repair it. 19. Omitting to take order with any animal so as to guard 289 against danger to human life or grievous hurt from such animal. 20. Committing a public nuisance. 290 21. Continuance of nuisance after injunction to discontinue. 291 22. Obscence acts and songs. 294 23. Voluntarily causing hurt. 323 24. Voluntarily causing hurt on grave and sudden 334 provocation not intending to hurt any other than the person who gave the provocation. 25. Doing any act which endangers human life or the 336 personal safety of others. 26. Wrongly restraining any person. 341 27. Assault or use of criminal force otherwise than on 352 grave provocations. 28. Assault or criminal force in attempt to commit theft 356 of property or carried by a person. PANCHAYATI RAJ ACT, 1989 113 Law Sections 29. Assault or criminal force in attempt to wrongfully to 357 confine a person. 30. Assault or criminal force on grave and sudden 358 provocation. 31. Unlawful compulsory labour. 374 32. Theft where the value of the stolen property does not 379 exceed one hundred rupees. 33. Theft of property in dwelling house etc. 380` 34. Dishonest misappropriation of movable property or 403 converting it to one’s own use where the property misappropriated does not exceed one hundred rupees in value. 35. Dishonest receiving stolen property knowing it to 411 be stolen where the value of such propertydoes not exceed one hundred rupees. 36. Mischief. 426 37. Mischief by killing, poisoning, maming or rendering, 428 useless any animal of the value of one hundred rupees. 38. Mischief by causing, diminuation of supply of water 430 for agricultural purposes, etc. 39. Criminal trespass. 447 40. House trespass. 448 41. Dishonesty breaking open receptacle containing 461 property. 42. Insult intended to provoke a breach of the peace. 504 43. Criminal intimidation. 506 44. Uttering any word or making any gesture intending 509 to insult the modesty of a woman, etc. 114 PANCHAYATI RAJ ACT, 1989 45. Appearing in public in the state of intoxication and 510 causing annoyance to any person. (B) Offences under the Cattle Turess pass Act, 1977. (C) Offences under the Jammu and Kashmir Vaccination Act, 1967. (D) Offences under the Prevention of cruelty to Animals Act, 1990. (E) Offences under the Public Gambling Act, 1977. (F) Offences under the Prevention of Juvenrile Smoking Act, 1986. (G) Offences under this Act, or the rules made thereunder. (H) Any other offence under any law dechred by Government to be triable by a Panchayat Adalat. (I) Offences under Dowry Restraint Act, (CXXXVI of 1960). ––––––– Law Sections