Jammu and Kashmir Panchayati Raj Act, 1989
No: 9 Dated: Jul, 08 1989
THE JAMMU AND KASHMIR PANCHAYATI RAJ ACT, 1989
(Act No. IX of 1989)
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 Thirty-ninth Year of the Republic of India as follows : -
CHAPTER I
Preliminary
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.
(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint in this behalf.
2. Definitions. - (1) In this Act, unless the context otherwise requires, -
(a) "Block" means the area comprising such contiguous number of Halqas as may 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 wall and a wall but does not include mud-wall built round agricultural land not abutting on the public road ;
(d) "Case" means a criminal proceeding in respect of an offence triable by a Halqa Panchayati Adalat ;
(e) "Chairman" means the Chairman of -
(i) the Panchayati Adalat ;
(ii) the Block Development Council ;
(iii) the District Planning and Development Board ;
(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 ;
(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 Government from time to time ;
(jj) "Halqa Majli's" means all the voters of "Halqa Panchayat;
Provided that the Halqas shall be determined in such a manner that the population of any Halqa does not ordinarily exceed 3,000 in the hilly areas and 4,500 in the plain areas:
Provided further that ordinarily the unit of a village shall not be disturbed :
Provided also that fresh determination of Halqas shall be undertaken only after the population figures of general census are published :
Provided further that such fresh delimitation of Halqas shall not effect the representation of the existing Punches and Sarpanches.
(k) "Halqa Panchayat" means a Halqa Panchayat constituted under section 4 of this Act ;
(l) "Naib-Sarpanch" means Naib-Sarpanch of the Halqa Panchayat ;
(m) "Panch" means a member of Halqa Panchayat whether elected or nominated under this Act ;
(n) "Panchayati Adalat" means a Panchayati Adalat constituted under section 47 of this Act for this purpose of trial of suits and cases ;
(o) "Prescribed" means prescribed by rules made under this Act ;
(p) "Prescribed Authority" means such authority as may be appointed by the Government by notification, for all or any of the provisions of this Act ;
(q) "Rules" means the 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) "Vice-Chairman" means the Vice-Chairman of-
(i) the Block Development Council ;
(ii) the District Planning and Development Board.
(v) "Village" means a parcel or parcels of land having a separate name and known limits in the revenue records and not included in the limit of a Municipality, Cantonment or Town Area Committe or Notified Area Committee.
(2) In this Act, the expressions "decree", "decree holder", "Judgement-debtor", "Legal representative" and "movable property" shall have the same meaning as is assigned to them in the Code of Civil Procedure Samvat 1977.