The JAMMU AND KASHMIR PANCHAYATI RAJ ACT, 1989

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. CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
2A. Substitution of certain expressions.
3. Act to over-ride other laws.
CHAPTER I-A
Ward Majlis and Halqa Majlis
3A. Ward Majlis (Ward Sabha).
3B. Functions of Ward Majlis.
3C. Halqa Majlis (Gram Sabha).
3D. Functions of Halqa Majlis.
CHAPTER II
Halqa Panchayat
4. Establishment and constitution of Halqa Panchayat.
5. Term of office.
6. Disqualification for membership.
7. Removal of Sarpanch and Naib-Sarpanch of a Halqa Panchayat.
8. Filling vacancies in Halqa Panchayat.
406 PANCHAYA TI RAJ ACT, 1989
SECTION.
8-A. Omitted.
9. Appointment of Administrator.
10. Omitted.
11. Resignation.
CHAPTER III
Powers and Functions
12. Powers and functions of Halqa Panchayat.
CHAPTER IV
Property
13. Property of Halqa Panchayat.
14. Halqa Panchayat Fund.
15. Imposition of tax by Halqa Panchayat.
15A. Revision of fee and rates.
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. Accounts and audit.
21. Annual Budget.
22. Exemption from tax.
23. Levy of fees on market etc.
CHAPTER V
Conduct of Business
24. Meetings of the Halqa Panchayat.
PANCHAYA TI RAJ ACT, 1989 407
SECTION.
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 Block Development Council.
32. Powers and functions of the Chairperson and the Vice-Chairperson.
33. Remuneration to Chairperson and Members.
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.
408 PANCHAYA TI RAJ ACT, 1989
SECTION.
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. Election of Sarpanches of Halqa Panchayats.
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. Establishment of District Development Council.
45-A. Constitution of District Development Council.
45-B. Election of Chairperson and Vice-Chairperson.
45-C. Conduct of business.
45-D. Standing Committees.
CHAPTER XII
Powers, Functions and Finance
46. Powers and functions of the District Planning and Development Board.
47. Staff and property and finance.
PANCHAYA TI RAJ ACT, 1989 409
SECTION.
CHAPTER XII–A
District Planning Committee
47A. District Planning Committee.
47-B. Functions of District Planning Committee.
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.
410 PANCHAYA TI RAJ ACT, 1989
SECTION.
66. Civil jurisdiction.
67. Suits cognizable by Panchayati Adalat.
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.
77. Contempt of Panchayati Adalat.
78. Bar to arrest and imprisonment in execution of decree.
79. Remuneration to members of  Panchayati Adalat.
79-A. Government’s power to specify role of Halqa Panchayats, etc.
CHAPTER XIV
Miscellaneous
80. Power to make rules.
81. Power to make bye-laws.
82. Disputes as to properties.
83. Repeal and saving.
SCHEDULES
–––––––
PANCHAYA TI RAJ ACT, 1989 411
THE JAMMU AND KASHMIR PANCHAYATI RAJ
ACT, 1989
(Act No. IX of 1989)
[Received the assent of the Governor on 11th July, 1989 and published
in Government Gazette dated 11th July, 1989.]
An Act to provide for the constitution of Halqa Panchayats, Block De-
velopment Councils and the District Planning and Development Boards and
matters connected therewith.
Whereas it is expedient to promote and develop Panchayati Raj in the
1[Union territory of Jammu and Kashmir] 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 develop-
mental 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 2[whole of the Union territory of Jammu and Kashmir].
3[(3) It shall come into force on such date as the 4[Government of the
Union territory of Jammu and Kashmir] may, by notification in the 5[Official
Gazette], appoint in this behalf.]
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 4[Government of the Union territory of
Jammu and Kashmir] from time to time ;
1. Substituted by S.O. 3654(E) dated 16.10.2020 for “State”.
2. Substituted ibid for “whole of the State of Jammu and Kashmir”.
3. Enforced vide SRO-220 dated 30-06-1997 w.e.f. 1-7-1997.
4. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.
5. Substituted ibid for “Government Gazette”.
412 PANCHAYA TI RAJ ACT, 1989
(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
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 ;
2[(iii) the District Development Council ;
(iv) District Planning Committee] ;
3[(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 ;
4[(g) “District Development Council” means a District Development
Council constituted under this Act ;
(gg) “District Planning Committee” means a District Planning Committee
constituted under this Act ;]
5[(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 ;
1. Substituted for “Chairman” by Act XIII of 2016, s. 12.
2. Substituted for sub-clause (iii) by S.O. 3654(E) dated 16.10.2020.
3. Clause (ee) inserted by Act XV of 2011, s. 2.
4. Substituted for clause (g) by S.O. 3654(E) dated 16.10.2020.
5. Clause (h) substituted ibid.
PANCHAYA TI RAJ ACT, 1989 413
(j) “Halqa” means the area comprising a village or such contiguous
number of villages as may be determined by the 1[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 2[ordinarily] exceed 3,000 in the
hilly areas and 4,500 in the plain areas :
Provided futher that 2[ordinarily] the unit of a village shall not be
disturbed :
3[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] ;
4[(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 ;
5[x x x x] ;
(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 6[Government of the Union territory of Jammu and Kashmir], by
notification, for all or any of the provisions of this Act ;
(q) “Rules” means rules made under this Act ;
1. Substituted for “Government” by Act VI of 2014, s. 2, w.e.f. 1-6-2014.
2. Inserted by Act XXII of 1997, s. 2.
3. Provisos inserted by Act XXII of 1997, s. 2.
4. Clauses (jj) and (mm) inserted by Act III of 1999, s. 2.
5. Claue (mm) omitted by S.O. 3654(E) dated 16.10.2020.
6. Substituted ibid for “Government”.
414 PANCHAYA TI RAJ ACT, 1989
(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 ;
2[(ii) the District Development Council ;]
(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
limits of a Municipality, Cantonment or Towm Area Committee 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 3[Code of Civil Procedure, 1908 (5 of
1908)].
4[2A. Substitution of certain expressions.–– Throughout the Act, for
“District Planning and Development Board” wherever then occur substitute
“the District Development Council.]
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.
5[CHAPTER I-A
Ward Majlis and Halqa Majlis
3A. Ward Majlis (Ward Sabha). ––(1) For every ward of the Halqa
Panchayat as may be determined in accordance with the provisions of clause
(f) of sub-section (2) of section 2 , there shall be a Ward Majlis.
(2) All adult persons of the ward whose names are included in the electoral
rolls relating to Halqa Panchayat shall be deemed to be constituted as Ward
1. Substituted for “Vice-Chairman” by Act XIII of 2016, s. 12.
2. Sub-clause (ii) substituted by S.O. 3654(E) dated 16.10.2020.
3. Substituted ibid for “Code of Civil Procedure, Samvat 1977”.
4. Section 2A inserted ibid.
5. Chapter I-A inserted ibid.
PANCHAYA TI RAJ ACT, 1989 415
Majlis of such Halqa Panchayat.
(3) The Ward Majlis shall meet at least once in three months and the
procedure for convening and conducting the meeting of the Ward Majlis shall
be such as may be prescribed.
(4) The meeting of the Ward Majlis shall be presided over by the Panch
or in his absence by a member of the Ward Majlis to be elected for the purpose
by the majority of the members present in the meeting.
(5) The quorum of the meeting of the Ward Majlis shall be not less than
one-tenth of the total members out of which members belonging to the
Scheduled Castes and the Scheduled Tribes and Women shall be in proportion
to their population.
(6) All resolutions in respect of any subject in the meeting held under
this section shall be passed by a majority of the members present and voting.
(7) Notwithstanding anything contained in sub-section (1), a special
meeting of Ward Majlis shall be convened where at least ten percent. of the
voters of the ward make a request in writing specifying the subject for the
meeting :
Provided that no two special meetings shall be held within a period of
three months.
3B. Functions of Ward Majlis.–– The functions of the Ward Majlis within
its respective jurisdiction shall be to assist the Deh Majlis and also include the
following functions, namely:––
(i) to render assistance to the Halqa Panchayat in collection and
compilation of details required for formulation of development
plans ;
(ii) to generate proposals and fix priority of development schemes and
programmes to be implemented in the area of the Ward Majlis ;
(iii) to identify beneficiaries in order of priority, for the implementation
of development schemes pertaining to the area of Ward Majlis ;
(iv) to render assistance in effective implementation of development
scheme ;
(v) to suggest the location of public utilities, amenities and services
like street lights, community water taps, public wells, public
416 PANCHAYA TI RAJ ACT, 1989
sanitation units, irrigation facilities,etc. ;
(vi) to formulate schemes and impart awareness on matters of public
interest like cleanliness, preservation of environment, prevention
of pollution, guarding against social evils,etc. ;
(vii) to promote harmony and unity among various groups of people ;
(viii) to verify the eligibility of persons getting various kinds of welfare
assistance from Government such as pensions and subsides ;
(ix) to collect information on the details estimates of works proposed
to be taken in the area ;
(x) to undertake social audit in all works implemented in the area and
award utilisation and completion certificate for such works ;
(xi) to promote literacy, education, health, child care and nutrition;
(xii) to assist the activities of parent-teacher associations in the area ;
and
(xiii) to exercise such other functions as may be prescribed.
3C. Halqa Majlis (Gram Sabha). ––(1) There shall be a Halqa Majlis for
each Halqa Panchayat consisting of such persons whose names have been
included in the electoral rolls relating to the village or the group of villages
comprised within the area of the Halqa Panchayat.
(2) The meetings of the Halqa Majlis shall be convened by the Sarpanch
of the Panchayat or, in his absence, by the Naib-Sarpanch of such Panchayat,
and in the event of both the Sarpanch and the Naib-Sarpanch being absent, a
meeting of the Halqa Panchayat shall be presided by one of the Panchauthorised
by the Halqa Panchayat.
(3) The procedure for convening and conducting the meeting of the
Halqa Majlis shall be such as may be prescribed.
(4) There shall be at least four meetings of the Halqa Majlis every year,
one in every quarter of the financial year :
Provided that in case of urgency, the meeting of the Halqa Majlis may be
convened earlier in accordance with such procedure as may be prescribed in
this behalf.
PANCHAYA TI RAJ ACT, 1989 417
(5) The Secretary Panchayat shall record the minutes of the meeting of
Halqa Majlis and the Inspector Panchayat of the concerned area shall attend
all such meetings and be responsible for the correct recording to the minutes
of such meetings by the Secretary of the Panchayat.
(6) The quorum of the meeting of the Halqa Majlis shall be not less than
one-tenth of the total members out of which members belonging to the
Scheduled Castes, the Scheduled Tribe and Women shall be in proportion to
their population.
(7) Any resolution relating to the matters entrusted to the Halqa Majlis
under this section, shall have to be passed by a majority of votes of the members
present and voting in the meeting of the Halqa Majlis.
3D. Functions of Halqa Majlis.–– The functions of the Halqa Majlis
within its respective jurisdiction shall be to assist the Halqa Panchayat and
also include the following functions, namely:––
(i) to approve the plans, programmes and projects for social and
economic development in order of priority, out of the plans,
programmes and projects approved by the Ward Majlis before such
plans, programmes and projects are taken up for implementation by
the Panchayat ;
(ii) to identify or select persons as beneficiaries under the poverty
alleviation and other programmes, in order of priority out of the
persons identified by the various Ward Majlis coming under its
jurisdiction ;
(iii) to conduct social audit as per prescribed procedure in respect of
funds utilised under different schemes in wards ;
(iv) to mobilise voluntary labour and contribution in kind or cash or
both for the community welfare programmes ;
(v) to promote literacy, education, health and nutrition ;
(vi) to promote unity andharmony among all sections of the society in
such area ;
(vii) to seek clarifications from the Sarpanch and members of the
Panchayat about any particular activity, scheme, income and
expenditure ;
418 PANCHAYA TI RAJ ACT, 1989
(viii) to identify and approve development works in order of priority
from out of the works recommended by the Ward Majlis ;
(ix) to plan and manage minor water bodies ;
(x) to manage minor forest produce ;
(xi) to exercise control over institutions and functionaries in all social
sectors ;
(xii) to exercise control over local plans and resources for such plans
including tribal sub-plan ;
(xiii) to consider and approve the recommendations made by each Ward
Majlis in the area of such Panchayat Halqa ; and
(xiv) such other functions as may be prescribed.]
CHAPTER II
Halqa Panchayat
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 2[four 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 3[excluding the sarpanch] as the prescribed
authority may, from time to time, fix in this behalf :
4[Provided that the 5[sarpanch and panch seats] shall be reserved for––
1. Sub-sections (2a) and (2b) inserted by Act III of 1999, s. 2, w.e.f. 16-4-1999.
2. Substituted by S.O. 3654(E) dated 16.10.2020 for “two meetings”.
3. Substituted ibid for “including the sarpanch”.
4. Substituted by Act II of 2004.
5. Substituted for “panch seats” by Act VI of 2014, s. 3, w.e.f. 1-6-2014.
PANCHAYA TI RAJ ACT, 1989 419
(a) the Scheduled Castes ; and
(b) the scheduled Tribes,
in every Halqa Panchayat and the number of 1[sarpanch and panch seats] so
reserved shall bear, as nearly as may be, the same proportion to the 2[total num-
ber of panch seats to be filled by direct election 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 constituen-
cies 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[(3A) The Sarpanch shall be elected directly by the electorate of Halqa
Panchayat in such manner as may be prescribed.]
5[x x x x]
1. Substituted for “panch seats” by Act VI of 2014, s. 3, w.e.f. 1-6-2014.
2. Substituted by S.O.3654(E) dated 16.10.2020 for “total number of sarpanch and panch
seats in that panchayat”.
3. Substituted by Act VI of 2014, s. 3, w.e.f. 1-6-2014.
4. Sub-section (3A) inserted by S.O. 3654(E) dated 16.10.2020.
5. Existing sub-section (4) omitted by Act XIII of 2016, s. 2.
420 PANCHAYA TI RAJ ACT, 1989
1[(4) 2[The 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.
3[(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.]
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 :
4[Provided that in case of a bye-election or elections to fill casual vacancy,
the tenure of Sarpanch, Naib Sarpanch or Panch so elected shall be co-terminus
with the term of the Panchayat :
Provided further that in case a Panchayat is not constituted for any
reason whatsoever and election for same is held, the tenure of Sarpanch, Naib
Sarpanch or Panch so elected shall be remainder of the term with such Panchayat
being deemed to have been constituted from the date first Panchayat is
constituted after the general elections of Panchayats.]
6. Disqualification for membership. ––(1) A person shall be disqualified
to be a member of Halqa Panchayat if he––
5[x x x x]
1. Existing sub-sections (5), (6), (7) (8) and (9) re-numbered by Act XIII of 2016, s. 2.
2. Substituted by S.O. 3654(E) dated 16.10.2020 for “the Sarpanch and Naib-Sarpanch”.
3. 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.
4. Provisos to section 5 inserted by S.O. 3654(E) dated 16.10.2020.
5. Clause (a) omitted ibid.
PANCHAYA TI RAJ ACT, 1989 421
(b) is in the employment of the 1[Government of the Union territory of
Jammu and Kashmir] 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 1[Government of the
Union territory of Jammu and Kashmir], 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 1[Government of the Union territory of Jammu and
Kashmir] 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 3[Code of Criminal Procedure, 1973 (2 of 1974)] or under 4[the
Probation of Offenders Act, 1958 (2 of 1958)].
(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.
5[(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 :]
1. Substituted by S.O.3654(E) dated 16.10.2020 for “Government”.
2. Substituted for “twenty-five years” by Act VI of 2014, s. 4, w.e.f. 1-6-2014.
* Now section 360.
3. Substituted by S.O.3654(E) dated 16.10.2020 for “Code of Criminal Procedure, Samvat
1989”.
4. Substituted ibid for “the Jammu and Kashmir Probation of Offenders Act, 1966”.
5. Sub-section (3) inserted by Act X of 2006, s. 2.
422 PANCHAYA TI RAJ ACT, 1989
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 1[three 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.
8. Filling vacancies in Halqa Panchayat. ––2[(1) Whenever a vacancy
occurs by the death or resignation of Panch or Sarpanch, the vacancy shall be
filled by election :
Provided that the remainder of term for such vacancy is more than six
months :
Provided further that the tenure of the Panch or Sarpanch so elected
shall be as per provisions of section 5 and that the election shall be held as per
the reservation roster prepared during the general election held for the
Panchayats where such vacancies have arisen or where such election could
not materialise.]
(2) No vacancy in the Halqa Panchayat shall render its proceedings illegal
so long as the number of Panches is not reduced below 3[50% of the total
number of elected members] of such Halqa Panchyat.
48-A. Omitted.
5[9. Appointment of Administrator. ––(1) (a) If the Government is satisfied
that a Halqa Panchayat for a village or a group of villages immediately after the
establishment of such Halqa Panchayat cannot be constituted––
1. Substituted by S.O. 3654(E) dated 16.10.2020 for “six consecutive meetings”.
2. Sub-section (1) substituted ibid.
3. Substituted ibid for “50% of the total number of members”.
4. Section 8-A omitted ibid. It was inserted by Act III of 1999, s. 4.
5. Section 9 substituted ibid.
PANCHAYA TI RAJ ACT, 1989 423
(i) by reason of any difficulty in holding the election of the members
of the Halqa Panchayat ; or
(ii) by reason of failure to elect such members at two successive
elections held under the provisions of this Act ; or
(iii) because of any other sufficient reason whatsoever ; or
(b) If at any general election to a Halqa Panchayat, either no member is
elected or Sarpanch is elected but no other member is elected or other members
are elected but Sarpanch is not elected,
the Government shall by notification appoint an Administrator, who shall be
an employee of the Government :
Provided that an Administrator so appointed shall hold office for a period
of six months which may be extended by the Government for a period of three
months by a notification in the Official Gazette.
(2) If in the opinion of the Government, or any other officer authorised by
it, but not below the rank of Additional District Magistrate, a Halqa Panchayat
is incompetent to perform or persistently makes default in the performance of
duties imposed on it by or under any of the provisions of this Act, or otherwise
through Government instructions, the Government or such officer after the
approval of the Government may, by notification, based on the recommendations
of the Ombudsman, supersede such Halqa Panchayat and appoint an
Administrator, who is an employee of the Government for carrying out the
work of Halqa Panchayat :
Provided that no order under this sub-section shall be passed unless
Halqa Panchayat is called upon to show cause why such order shall not be
passed :
Provided further that explanation tendered by the Halqa Panchayat shall
be forwarded to the Ombudsman appointed under the Jammu and Kashmir
Ombudsman for Panchayats Act, 2014 for consideration and recommendation
to the Government or officer authorised by it.
(3) The period of supersession shall not exceed six months during which
the elections for the said Halqa Panchayat shall be held.
(4) The Administrator appointed under sub-section (2) shall hold office
for such period not exceeding six months as the Government or officer
authorised by it, may specify in the notification under sub-section (1) or sub-
section (2).
424 PANCHAYA TI RAJ ACT, 1989
(5) On the appointment of an Administrator under sub-section (2),––
(i) the persons, if any, chosen as members of Halqa Panchayat,
including Sarpanch before such appointment shall cease to be
members of Halqa Panchayat and all the powers and duties of the
Halqa Panchayat shall be exercised and performed by such
Administrator ;
(ii) the funds and other property vested in the Halqa Panchayat shall,
during the period of supersession, vest in the Administrator
appointed under this section.
(6) The Administrator appointed under sub-sections (1) and (2), shall be
deemed to be Halqa Panchayat for the purposes of this Act, notwithstanding
anything contained in the foregoing provisions.]
110. Omitted.
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, 2[resign his office and on acceptance of his resignation by
such authority] his office shall thereupon become vacant.
CHAPTER III
Powers and Functions
3[12. Powers and functions of Halqa Panchayat. ––(1) The Halqa
Panchayat shall perform the functions specified in Schedule I-A :
Provided that where the Government provides funds for the performance
of any function specified in Schedule I-A, the Halqa Panchayat shall perform
such function in accordance with the guidelines or norms laid down by the
Government for performing such function.
(2) Notwithstanding anything contained in sub-section (1) and Schedule
I-A, subject to the provisions of this Act, it shall be the duty of each Halqa
Panchayat to make provision for the following subject to, the availability of
funds at its disposal—
(i) to prepare the plans for the development of the Halqa in consultation
with Halqa Majlis and their timely submission to Block Development
Council for consolidation ;
1. Section 10 omitted by S.O. 3654(E) dated 16.10.2020.
2. Substituted ibid for “resign his office and”.
3. Section 12 substituted ibid.
PANCHAYA TI RAJ ACT, 1989 425
(ii) to undertake measures for the implementation of the development
plans ;
(iii) to specifically deal with the problems of soil conversation, water
management, social forestry, rural industrialisation, agriculture,
sheep and animal husbandry, sanitation, health and other welfare
programmes ;
(iv) regulation of buildings, shops and entertainment houses and
checking of offensive or dangerous trades ;
(v) construction and maintenance of slaughter houses, regulation of
sale and preservation of meat and processing of skins and hides ;
(vi) regulation of sale and preservation of fish, vegetables and other
perishable articles and food ;
(vii) regulation of fairs and festivals ;
(viii) preparation and implementation of special development plans for
alleviating poverty and employment generation as may be notified
by the Government from time to time ; and
(ix) all matters involving regulation, supervision, maintenance and
support, incidental to, or necessary for the more efficient discharge
of the above functions and those which may be entrusted to Halqa
Panchayat under the provisions of this Act.
(3) The Halqa Panchayat shall also conduct concurrent and quarterly
social audit of all works, schemes and project being implemented in the
Panchayat areas as per procedure to be notified by the Government.
(4) The Halqa Panchayat shall also perform such other functions and
duties as may be assigned or entrusted to it by the Government, the District
Planning and Development Board and the Block Development Council within
the area in which Halqa Panchayat is constituted.]
CHAPTER IV
Property
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
426 PANCHAYA TI RAJ ACT, 1989
those under the control of any Department of the 1[Government of
the Union territory of Jammu and Kashmir] ;
(ii) property, movable and immovable, which has been transferred to a
Halqa Panchayat by the 1[Government of the Union territory of
Jammu and Kashmir], 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 1[Government of the Union territory
of Jammu and Kashmir], 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 1[Government of the
Union territory of Jammu and Kashmir] 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.
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.
1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.
PANCHAYA TI RAJ ACT, 1989 427
(iv) Donations and contributions paid by public for works undertaken
by Halqa Panchayat.
(v) Proceeds of the sanitation cess collected by 1[Government of the
Union territory of Jammu and Kashmir] on the revenue being loaned
within Halqa Panchayat area.
(vi) Grants from the 1[Government of the Union territory of Jammu and
Kashmir] for general purposes on per capita basis and also for
specific functions.
(vii) Loans from 1[Government of the Union territory of Jammu and
Kashmir] or other agencies approved by 1[Government of the Union
territory of Jammu and Kashmir], or other financial institutions.
(viii) All other income of Halqa Panchayat and such grants as may be
assigned to the Halqa Panchayat by the 1[Government of the Union
territory of Jammu and Kashmir], keeping in view the topography
and backwardness of the area.
2[(2) The Halqa Panchayat shall have power to operate the funds, grants,
etc. specified in Schedule 1-C in the manner specified.]
3[15. Imposition of fee by Halqa Panchayat. ––(1) Every Halqa Panchayat
shall in such manner and in accordance with such rules as may be notified by
the Government, impose a fee on commercial buildings subject to such
exemptions as may be prescribed :
Provided that where the owner of the building has left the Panchayat
area or cannot be otherwise found, the occupier of such building shall be liable
for the fee leviable on such owner :
Provided further that in the absence of Halqa Panchayat, the concerned
Block Development Officer shall be empowered to collect the fees and taxes
already imposed by the Halqa Panchayat.
(2) A Halqa Panchayat may also levy fee on all or any of the following
items at such rates as may be determined by the Halqa Panchayat and subject
to such exemptions as may be notified by the Government from time to time,
namely:––
(a) fee on entertainment ;
1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.
2. Sub-section (2) inserted ibid.
3. Section 15 substituted ibid.
428 PANCHAYA TI RAJ ACT, 1989
(b) fee on advertisements and hoardings ;
(c) fee on commercial tractors kept in area of the Halqa Panchayat ;
(d) fee on business and professions within the jurisdiction of Halqa
Panchayat like on rice husking mills, saw mills, flour mills,rice mills,
gharats, brick kilns, oil mills, slaughter houses, petrol pumps, private
hospitals, labortaries, diagnostic-centres, soda, ice, ice-cream
factories, spice grinding mills, motor vehicles, tractor dealers, liquor
shops, hot wet mix plant, stone crushers, poultry, dairy farms, horse
traders, small scale industrial units, mobile towers, power plants,
printing presses, kerosene oil, ration, dealers, etc. ;
(e) fee on contractors for executing such works allotted to them by the
Government within the jurisdiction of Halqa Panchayat ;
(f) fee on travel agents and transport agencies ;
(g) fee on organising melas, festivals, etc. where necessary arrangement
for the water supply, health and sanitation are to be made by
theHalqa Panchayat or where such melas or festivals are held on
Panchayat land ;
(h) fee on registration of shops and other commercial establishments
in the jurisdiction of Halqa Panchayat ;
(i) fee on buses, other passenger vehicles and commercial vehicles
on account of haltage within the jurisdiction of Halqa Panchayat
for providing adequate facilities for the travelers by the Gram
Panchayat ;
(j) fee on cattle pounds ;
(k) fee on road cutting for laying optical fiber cable ;
(l) royalty for extraction of minor minerals from local nallahs not falling
under the ambit of Geology and Mining Department and not
exempted from royalty under any specific provision of law ;
(m) penalty for use of plastic or polythene and for open defecation ;
(n) sanitation cess ; and
(o) such other fee as may be approved by the Government :
PANCHAYA TI RAJ ACT, 1989 429
Provided that the Government may at any time after giving an opportunity
of being to the Halqa Panchayat cancel or modify or alter rate of any fee
imposed under this section].
1[15A. Revision of fee and rates.–– The Halqa Panchayat may revise the
fees and rates leviable under section 15, at the most once, in a two year period.]
16. Power of entry for the purpose of valuation of taxation.–– The 2[Halqa
Panchayat] 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.
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 ac-
cordingly.
18. Recovery of dues as arrears of land revenue.–– Subject to such rules
as may be made by the 3[Government of the Union territory of Jammu and
Kashmir] 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.
19. Revision of taxation orders.–– Any person dissatisfied with the
assessment under this Act, may within such time as may be prescribed, apply
to the prescribed authority in writing for a revision of  the assessment and the
prescribed authority may amend or confirm the same :
1. Section 15-A inserted by S.O. 3654(E) dated 16.10.2020.
2. Substituted ibid for “Sarpanch”’
3. Substituted ibid for “Government”.
430 PANCHAYA TI RAJ ACT, 1989
1[Provided that no such revision shall be made unless an opportunity of
being heard is provided to the Halqa Panchayat].
2[20. Accounts and audit.–– The books of accounts of the Halqa Panchayat
shall be maintained in such form and manner as may be prescribed :
Provided that Halqa Panchayat shall be required to get its accounts
audited by a Chartered Accountant every year :
Provided further that Government through a prescribed authority shall
get the accounts of the Halqa Panchayat audited in the manner prescribed.]
21. Annual Budget. ––(1) Every Halqa Panchayat shall prepare and lay
for sanction before 3[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 3[the Halqa Majlis] specially called for this
purpose and 3[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.
4[(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.]
22. Exemption from tax.–– Subject to any rule made in this behalf, the
5[Government of the Union territory of Jammu and Kashmir] may, by order,
1. Proviso inserted by S.O. 3654(E) dated 16.10.2020.
2. Section 20 substituted ibid.
3. Substituted by Act III of 1999, s. 6.
4. Sub-section (5) inserted ibid.
5. Substituted ibid for “Government”.
PANCHAYA TI RAJ ACT, 1989 431
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.
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.
CHAPTER V
Conduct of Business
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-S

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