THE JAMMU AND KASHMIR PANCHAYATI RAJ ACT,1989

(ACT No. XI of 1989)

[8th July,1989]

An Act to provide for the constitutions of Halqa Panchayats, Block Development Councils and
The District Planning And Development Boards and matters concerned therewith.

Be it enacted by the Jammu and Kashmir State Legislature in the Thirty –Ninth Year of Republic
of India as follows :-

CHAPTER 1

PRELIMINARY

1. Short Title, extent and Commencement

(1) This Act may be called as 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

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 Co8uncil constituted under
section 27 of this Act;

(c) “Building” includes any shop, house, hut, out-house ,shed ,stable , sub-structure and land
a pertinent to a building whether used for the purpose of human habitations and otherwise
and whether of masonry ,bricks ,buildings ,wood ,mud ,thatch ,metal or any other
building material and includes a wall and wall but does not include mud-wall built around
agricultural land not abutting on the public road;

(d) “Case” means a criminal proceedings in respect of an offence tribal 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;

(f) “Constituency” means a word 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 Chief Electoral Officer for the state;

(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;

(k) “Halqa Majlis” means all voters of a Halqa Panchayat;

(l) “Halqa Panchayat” means a Halqa Panchayat constituted under section 4 of this Act;

(m) “Naib-Sarpanch” means the Naib-Sarpanch of the Halqa Panchayat;

(n) “Paanch” means member of Halqa Panchayat whether elected or nominated under this
Act;

(o) “ Panchayat Advisory Committee” means a Panchayat Advisory Committee constituted

under section 8-A;

(p) “Panchayati Adalat” means a Panchayati Adalat constituted under section 47 of this Act
for the purpose of trails of suits and cases;

(q) “Prescribed” means prescribed by rules made under this Act;

(r) “ Prescribed Authority” means authority as may be appointed by the Government, by

notification , for all or any of the provisions of this Act;

(s) “Rules” means the rules made under this Act;

(t) “Sarpanch” means the Sarpanch of the Halqa Panchayat;

(u) “Schedule” means the schedule appended to this Act;

(v) “Suit” means a civil suit;

(w) “Vice Chairman” means the Vice chairman of –

(i) the Block Development Council.

(ii) The District Planning and Development Board.

(x) “Village “ means a part or parcel of the land having a separate name and known limits in
the Revenue Department.

(2) In this Act, the expressions “decree”, ”decree-holder”, ”judgement-debator” ,”legal

representative” and “movable property” shall have the same meaning as is assigned to them in the
Code of the Civil Procedure Act, Samvat 1977.
3. Act to over-ride other laws

The provision 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

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.

(3) Every Halqa Panchayat shall have Halqa Majlis comprising of all the persons whose
names are included in the electoral roll for such Halqa Panchayat.

(4) The Sarpanch shall convene at lease two meetings of Halqa Majlis during a Financial
year;

(5) Every Halqa Panchayat shall consist of number of Paanches 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.

Provided that the Paanch Seat shall be reserved for –

(a) the Schedule Castes; and

(b) the Schedule Tribes.

(6) The Sarpanch shall be elected directly by the electorate of Halqa Panchayat in such
manner as may be prescribed.

(7) The Paanches shall be elected from the constituencies delimited by the prescribed
authority n accordance with the rules.

(8) The Village Level Worker or Multi Purpose Worker or Gram Savika shall be the
Secretary of the Halqa Panchayat.

5. Term of Office

The Sarpanch, the Naib Sarpanch and every Paanch of the Halqa Panchayat shall hold the
office for a period of five years from the date.

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 other local body ;or

(c) is of under twenty-five 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 Lambardar or Village Chowkidar ;or

(h) has been dismissed from the service of the Government , a local body or a Halqa
Panchayat.

(2) No person shall be qualified to be chosen as a member of Halqa Panchayat unless his
name is included in the electrol roll of such Halqa Panchayat.

7. Removal of Sarpanch and a 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 No. of Paanches of Halqa Panchayat 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 disqualifications prescribed under section6;
(iv) Failure to attend six consecutive meetings of the Halqa Panchayat.

8. Filling Vacancies in Halqa Panchayat

(1) Whenever a vacancy occurs by the death or resignation of Paanch or Sarpanch the
vacancy shall be filled by election or nomination as the case may be.
(2) No vacancy in the Halqa Panchayat shall render its proceedings illegal so long as the
number of Paanches is not reduced below 50% of the total number of members of the
Halqa Panchayat.

9. Panchayat Advisory Committee

There shall be Panchayat Advisory Committee comprising such members as may be

prescribed.

10. 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.
(2) The period of supersession shall not exceed six months during which the election 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 Panchayat is superseded –

(a) the Sarpanch and Paanch of the Halqa Panchayat shall, from the date of
notification ,vacate their office.
(b) 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).

11. Remuneration to Sarpanch and Panchs

(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.

12. Resignation

A Sarpanch, Panch ,Naib-Sarpanch 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.

CHAPTER III

POWERS AND FUNCTIONS

13. Powers and functions

(1) Subject to the duty of this Act, it shall be 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) to undertake measures for the implementation of the development plans;

(iii) to specifically deal with the problems of soil conservation ,water

management, social forestry , rural industrialization , agriculture , sheep and
animal husbandry , sanitation , health and other welfare programs;

(iv) regulations of buildings, shops and entertainment houses and checking of

offensives 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 Land less Employment Guarantee Programme and
Housing for Scheduled Castes and Backward Classes;

(2) The Halqa Panchayat shall be involved in the implementation of the scheme of
universalisation of elementary education and other educational programme.

(3) The Halqa Panchayat shall also perform such other functions and duties as may be
assigned to it or entrusted by the Government , the District Planning and Developmental
Board and the Block and the Block Development Council with in the area of which Halqa
Panchayat constituted.

CHAPTER IV

PROPERTY
14. 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 f the Government;

(ii) Property movable and immovable which has been transferred to Halqa
Panchayat by the Government, any public body or 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 cleaning ,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 other
quarries in the Halqa Panchayat area which do not belong to any person or a
group of persons or to the Government and declare 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 require.

(2)The Halqa Panchayat shall have the power to acquire, hold and dispose of the property and
enter into any contract in accordance with the laws and rules in force.

15. 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 the Panchayat.

(ii) Proceeds from the property and enterprise run by Halqa.

(iii) Court fees, fines and compensation paid t the 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 the 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 Government, keeping in view the topography and
backwardness of the area.

16. Imposition of taxes on fees

Subject to such rules as may be made by the Government in this behalf, Halqa Panchayat may
impose one or more of the under mentioned taxes and fees.

Taxes :

(i) Taxes on any trade ,calling or profession within the jurisdiction of Halqa
Panchayat subject to the maximum limited as indicated –

(a) on person up to Rs. 50/- per annum.

(b) In the case of theatre, cinema and other places of entertainment up to RS. 25/- per diem.
 (ii) A tax payable by owner thereof on animals an vehicles kept within the area
of Halqa Panchayat and piled for hire at the following maximum rates :-

(a) in the case of animals, not exceeding Rs. 20/- per animal per annum;

(b) in the case of vehicle, not exceeding Rs. 50/- -per vehicle per annum;

(c) in the case of tractor, not exceeding Rs. 100/- per tractor per annum;

(iii) tax on boats;

(iv) pilgrim tax;

(v) A tax on gharats, rice husking mills, brick kilns and oil mills;

(vi) Tax on hawkers and pheriwalas.

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 houses 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 building;

(xi) Adda fee;

(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.

17. Power of Entry for the purpose of valuation of taxation

The Sarpanch may authorize 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 a
reason to believe that there is any vehicle, vessel or animal liable to taxation
under this Act , or for which a license has not duly taken out.0.

18. 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.

19. 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 recovered as arrears of land
revenue.

20. 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.

21. Audit of Panchayat Funds

The prescribed authority shall get the accounts of every Halqa Panchayat audited every year
in the manner prescribed.

22. Exemption from tax

Subject to any rule made under 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.

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 fulfillment of the conditions of the lease.
 CHAPTER V

CONDUCT OF BUSINESS

24. Meetings of the Halqa Panchayat

(1) Every Halqa Panchayat, shall hold at its meeting at least once a month.

(2) The meetings shall be convened by the Sarpanch and in his absence Naib-Sarpanch ;
providing that 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.

25. Functions of Sarpanch and Naib-Sarpanch

(1) The Sarpanch shall preside over the meeting of the Halqa Panchayat and shall be
responsible for maintenance of the records of Halqa Panchayat.

(2) The Sarpanch shall be generally responsible for the financial and executive
administration of the Halqa Panchayat and shall exercise administrative supervision anti-
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 reside over the meeting of the
Halqa Panchayat and discharge the functions of the Sarpanch with regard to the financial
and administrative matters.

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 will pay the remuneration to such servant out of the Halqa Panchayat
Fund.

CHAPTER VI

BLOCK DEVELOPMENT COUNCIL

27. Constitution for Block Development Council

(1) For every Block in the state, Government shall, by notification, constitute a Block
Development Council bearing the name of the Block.

(2) Every Block Development Council shall be a body corporate having a perpetual
succession and a common seal and shall, by its corporate name, sue and be sued , subject
to such conditions or restrictions as Government may prescribe.
(3) The Block Development Council shall consist of –

(i) a Chairman;
(ii) all Sarpanch of Halqa Panchayat failing within the Block; and
(iii) Chairman, Marketing Society within the jurisdiction of the Block.

28. Chairman Vice-Chairman and Secretary

(1) Every Block Development Council shall have a chairman who shall be a person qualified
to be elected as a Panch and shall be elected in accordance with the provisions contained
in section 41;

(2) Every Block Development Council shall have a Vice-Chairman who shall be elected by
the members of the Block Development Council from amongst themselves.

(3) The Block Development Council shall be the secretary of the Block Development
Council.

29. Term of Office

(1) The term of office of the chairman of the Block Development Council shall be five years
from the date he is declared elected as such by the Election Authority.

(2) The term of the office of the chairman and other members of the Block Development
Council shall be co-extensive with the term of their office as Sarpanch of the concerned
Halqa .

CHAPTER VII

POWERS AND FUNCTIONS

30. 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 guidance of Halqa Panchayats and review of

their work;

(iii) To supervise plans relating to agriculture, rural development and animal

husbandry/sheep husbandry ,social forestry, education and public health;

(iv) Supervise and monitor the implementation f poverty alleviation programme

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 other functions as may be entrusted to it by the Government or
by the District Planning and Development Board.

31. Powers and Functions of the Chairman and the Vice-Chairman

(1) The chairman and in his absence, the Vice Chairman, shall preside over the meeting of
the Block Development Council.

(2) The chairman and in his absence, the Vice Chairman ,shall exercise the general control
and supervision over the staff and affairs of the Block Development Council.

32. Remuneration to chairman 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.

(2) The chairman of the Block Development Council shall be p[aid such honorarium as may
be prescribed, from time to time.

CHAPTER VIII

PROPERTY AND FINANCE

33. Property and Finances of the Block Development Council

(1) Block Development Council shall have the power 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 consisted a “Block Development
Council Fund” comprising grants made for the Government having due regards to the
number of Panchayat Halqas in a Block and the reverse assigned by the District Planning
and Development Board.

CHAPTER IX

PROCEDURE FOR CONDUCT OF BUSINESS

34. Meetings

(1) Every Block Development Council shall hold its meeting once in a month. The meeting
shall be conveyed by the Chairman, and in his absence by the Vice-Chairman.

(2) The procedure for the conduct of business and maintenance of records of the Block
Development Council shall be such as may be prescribed.
 CHAPTER X

HOLDING OF PANCHAYATS

35. The election to the Panchayat Halqa and chairman of the Block Development Council
shall be held under superintendence, direction and control of the Chief Electrol Officer.

36. Electrol Roll

For every Halqa Panchayat there shall be on electoral roll, which shall be prepared by the
Election Authority in accordance with the provisions of this Act.

37. There shall be no bar of holding of election on party lines.

38. Disqualification for Registration in an Electrol Roll

A person be disqualified for registration in an electrol roll, if he –

(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.

39. Elections of Sarpanchs of Halqa Panchayat

Sarpanchs of Halqa Panchayats shall be elected by electorate of the Halqa Panchayat.

40. Election of the Chairman of the Block Development Council

The Chairman of the Block Development Council shall be elected by the Electoral College
comprising of Panchs and Sarpanchs of Halqa Panchayat falling with in block. The election
shall be held in the manner as may be prescribed.

41. Holding of Elections

(1) The election 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 chairman of the Block Development Council shall be held one month
prior to the expiry of the term.

42. Nominations of candidates for election

(1) Any person may nominate himself as a candidate for election of Panch or Sarpanch of a
Halqa Panchayat if his name is included in the electrol 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 or Sarpanch of a Halqa Panchayat or
Chairman 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 deemed to be duly nominated for election from a Panchayat
Constituency or Block Development Council unless he deposited or causes to be
deposited such amount of security, as may be prescribed , for the election of the Panch,
Sarpanch or Chairman Block Development Council as the case may be.

43. 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.

44. Disputes regarding elections

(1) the election of a person as Sarpanch, Panch of a Halqa Panchayat or as a chairman of the
Block Development Council shall not be called in question except by in application
presented to such authority within such times an 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 prevailed at the election;

(b) that the result of the election has not been materially affected :-
(i) by the improper acceptance or rejection of any nomination; or
(ii) by gross failures to comply with the provisions of this Act or by the rules
frame thereunder.

CHAPTER XI

MISCELLANEOUS

45. Power to make Rules

The Government may make rules for carrying out the purposes of this Act. 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
Chairman 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.