Jammu and Kashmir act 009 of 1989 : The JAMMU AND KASHMIR PANCHAYATI RAJ ACT, 1989

  • Date:
Department
  • Department of Rural Development and Panchayati Raj
Enforcement Date

11 Jul 1989

To access the original judgment, please Sign In or Subscribe.
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 1[whole of the Union territory of Jammu and Kashmir].
2[(3) It shall come into force on such date as the 3[Government of the Union territory of Jammu and Kashmir] may, by notification in the 4[Official Gazette], appoint in this behalf.]


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “whole of the State of Jammu and Kashmir”.
2. Enforced vide SRO-220 dated 30-06-1997 w.e.f. 1-7-1997.
3. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.
4. Substituted ibid for “Government Gazette”.

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 1[Government of the Union territory of Jammu and Kashmir] 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 appurtenent 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) 2[“Chairperson”] means the 2[Chairperson] of––
(i) the Panchayati Adalat ;
(ii) the Block Development Council ;
3[(iii) the District Development Council ;
(iv) District Planning Committee] ;
4[(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 ;
5[(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 ;]
6[(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 7[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 8[ordinarily] exceed 3,000 in the hilly areas and 4,500 in the plain areas :
Provided futher that 8[ordinarily] the unit of a village shall not be disturbed :
9[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] ;
10[(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 ;
11[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 1[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 ;
(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) “12[Vice-Chairperson]’’ means the 12[Vice-Chairperson] of––
(i) the Block Development Council ;
13[(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 14[Code of Civil Procedure, 1908 (5 of 1908)].


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.
2. Substituted for “Chairman” by Act XIII of 2016, s. 12.
3. Substituted for sub-clause (iii) by S.O. 3654(E) dated 16.10.2020.
4. Clause (ee) inserted by Act XV of 2011, s. 2.
5. Substituted for clause (g) by S.O. 3654(E) dated 16.10.2020.
6. Clause (h) substituted ibid.
7. Substituted for “Government” by Act VI of 2014, s. 2, w.e.f. 1-6-2014.
8. Inserted by Act XXII of 1997, s. 2.
9. Provisos inserted by Act XXII of 1997, s. 2.
10. Clauses (jj) and (mm) inserted by Act III of 1999, s. 2.
11. Claue (mm) omitted by S.O. 3654(E) dated 16.10.2020.
12. Substituted for “Vice-Chairman” by Act XIII of 2016, s. 12.
13. Sub-clause (ii) substituted by S.O. 3654(E) dated 16.10.2020.
14. Substituted ibid for “Code of Civil Procedure, Samvat 1977”.

Section 2A.Substitution of certain expressions.

1[2A. Substitution of certain expressions.–– Throughout the Act, for “District Planning and Development Board” wherever then occur substitute “the District Development Council.]


1. Section 2A inserted by S.O. 3654(E) dated 16.10.2020.

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.


Section 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 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.


Section 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 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.


Section 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.
(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.


Section 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 ;
(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.


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 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––
(a) the Scheduled Castes ; and
(b) the scheduled Tribes,
in every Halqa Panchayat and the number of 5[sarpanch and panch seats] so reserved shall bear, as nearly as may be, the same proportion to the 6[total number 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 5[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 5[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 5[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 7[Jammu and Kashmir Panchayati Raj (Amendment ) Act, 2014].]
8[(3A) The Sarpanch shall be elected directly by the electorate of Halqa Panchayat in such manner as may be prescribed.]
9[x x x x]
10[(4) 11[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.
12[(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.]


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.
6. Substituted by S.O.3654(E) dated 16.10.2020 for “total number of sarpanch and panch seats in that panchayat”.
7. Substituted by Act VI of 2014, s. 3, w.e.f. 1-6-2014.
8. Sub-section (3A) inserted by S.O. 3654(E) dated 16.10.2020.
9. Existing sub-section (4) omitted by Act XIII of 2016, s. 2.
10. Existing sub-sections (5), (6), (7) (8) and (9) re-numbered by Act XIII of 2016, s. 2.
11. Substituted by S.O. 3654(E) dated 16.10.2020 for “the Sarpanch and Naib-Sarpanch”.
12. 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.

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 :

1[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.]


1. Provisos to section 5 inserted by S.O. 3654(E) dated 16.10.2020.

Section 6. Disqualification for membership.

(1) A person shall be disqualified to be a member of Halqa Panchayat if he––

1[x x x x]
(b) is in the employment of the 2[Government of the Union territory of Jammu and Kashmir] or any local body ; or
(c) is under 3[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 2[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 2[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 4[Code of Criminal Procedure, 1973 (2 of 1974)] or under 5[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.
6[(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. Clause (a) omitted by S.O. 3654(E) dated 16.10.2020.
2. Substituted by S.O.3654(E) dated 16.10.2020 for “Government”.
3. Substituted for “twenty-five years” by Act VI of 2014, s. 4, w.e.f. 1-6-2014.
* Now section 360.
4. Substituted by S.O.3654(E) dated 16.10.2020 for “Code of Criminal Procedure, Samvat 1989”.
5. Substituted ibid for “the Jammu and Kashmir Probation of Offenders Act, 1966”.
6. Sub-section (3) inserted by Act X of 2006, s. 2.

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 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.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “six consecutive meetings”.

Section 8. Filling vacancies in Halqa Panchayat.

1[(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 2[50 of the total number of elected members] of such Halqa Panchyat.


1. Sub-section (1) substituted by S.O. 3654(E) dated 16.10.2020.
2. Substituted ibid for “50 of the total number of members”.

Section 8-A.Omitted.

18-A. Omitted.


1. Section 8-A omitted by S.O. 3654(E) dated 16.10.2020. It was inserted by Act III of 1999, s. 4.

Section 9.Appointment of Administrator.

1[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––

(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 subsection (2).
(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.]


1. Section 9 substituted by S.O. 3654(E) dated 16.10.2020.

Section 10. Omitted.

110. Omitted.


1. Section 10 omitted by S.O. 3654(E) dated 16.10.2020.

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, 1[resign his office and on acceptance of his resignation by such authority] his office shall thereupon become vacant.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “resign his office and”.

Section 12. Powers and functions of Halqa Panchayat.

1[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 ;
(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.]


1. Section 12 substituted by S.O. 3654(E) dated 16.10.2020.

Section 13.Property of Halqa Panchayat.

(1) 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 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.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.

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 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.]


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.
2. Sub-section (2) inserted ibid.

Section 15.Imposition of tax by Halqa Panchayat.

1[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 ;
(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 :
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. Section 15 substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.

Section 15A.Revision of fee and rates.

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.]


1. Section 15-A inserted by S.O. 3654(E) dated 16.10.2020.

Section 16.Power of entry for the purpose of valuation of taxation.

The 1[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.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Sarpanch”’

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 1[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.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.

Section 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[Provided that no such revision shall be made unless an opportunity of being heard is provided to the Halqa Panchayat].


1. Proviso inserted by S.O. 3654(E) dated 16.10.2020.

Section 20. Accounts and audit.

1[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.]


1. Section 20 substituted by S.O. 3654(E) dated 16.10.2020.

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 subsection (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.]


1. Substituted by Act III of 1999, s. 6.
2. Sub-section (5) inserted ibid.

Section 22.Exemption from tax.

Subject to any rule made in this behalf, the 1[Government of the Union territory of Jammu and Kashmir] 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.


1. Substituted by Act III of 1999 for “Government”.

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.


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 responsible 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[26. Staff. ––(1) Subject to such rules as may be prescribed in this behalf, a Halqa Panchayat may employ such staff as is necessary for carrying out the duties imposed on it by this Act.

(2) A Halqa Panchayat shall pay remuneration to such staff out of its own resources.
(3) The Government shall also provide staff to the Halqa Panchayat as specified in Schedule I-B for carrying out the purposes of this Act.]


1. Section 26 substituted by S.O. 3654(E) dated 16.10.2020.

Section 27.Constitution of Block Development Council.

(1) For every Block in the 1[Union territory of Jammu and Kashmir], the 2[Government of the Union territory of Jammu and Kashmir] 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 perpetutual succession and a common seal and shall, by its corporate name, sue and be sued, subject to such conditions or restrictions as the 2[Government of the Union territory of Jammu and Kashmir] may prescribe.
(3) The Block Development Council shall consists of––
(i) a 3[Chairperson] ;
(ii) all Sarpanches of Halqa Panchayats falling within the Block.
4[x x x x] :
5[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 rotation to different constituencies in a district by such authority and in such manner as may be prescribed] :
6[x x x x].


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “State”.
2. Substituted ibid for “Government”.
3. Substituted for “Chairman” by Act VI of 2014, s. 6, w.e.f. 01-06-2014.
4. Clause (iii) deleted ibid.
5. First proviso substituted ibid.
6. Proviso omitted by S.O. 3654(E) dated 16.10.2020. (It was added by Act VII of 2003.)

Section 28. Chairperson, Vice-Chairperson and Secretary.

1[(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.
3[x x x x].


1. Sub-section (1) substituted by Act VI of 2014, s. 7, w.e.f. 01-06-2014.
2. Words “Chairman” and “Vice-Chairman” substituted by Act XIII of 2016, s. 12.
3. Sub-section (4) omitted by S.O. 3654(E) dated 16.10.2020. (For earlier amendment see Act VI of 2014.

Section 29.Term of the Block Development Council.

1[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].


1. Section 29 substituted by S.O. 3654(E) dated 16.10.2020, s. 8.

Section 30. Removal of Chairperson.

The 1[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 2[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 :––

(i) gross misconduct ;
(ii) neglect of duty ;
(iii) disqualification prescribed under section 6.


1. Words “Chairman” and “Vice-Chairman” substituted by Act XIII of 2016, s. 12.
2. Substituted by S.O. 3654(E) dated 16.10.2020 for “Panches and Sarpanches”.

Section 31. Powers and functions of Block Development Council.

1[31. Powers and functions of Block Development Council. ––(1) The Block Development Council shall perform functions specified in Schedule II-A :

Provided that where the Government provides funds for the performance of any function specified in Schedule II-A, the Block Development Council shall perform such function in accordance with guidelines or norms laid down by the Government for performing such function.
(2) Notwithstanding anything contained in sub-section (1) and Schedule II-A, and subject to the provisions of this Act, it shall be the duty of each Block Development Council to perform the following functions :––
(i) compilation of all Panchayat level plans and their timely submission to District Planning and Development Board for integration with District Plan ;
(ii) preparation of all Block Level Plans and timely submission of the same to the District Planning and Development Board for Integration with District Plan ;
(iii) construction, maintenance and supervision of Inter-Halqa Panchayat Communication System ;
(iv) administrative and technical guidance to Halqa Panchayats and review of their work ;
(v) to supervise plans relating to agriculture, rural development, animal husbandry, sheep husbandry, social forestry, education and public health ;
(vi) monitor such programs as may be notified by the Government from time to time, including Mahatama Gandhi National Rural Employment Guarantee Act, National Rural Livelihood Mission, Prime Minister Awas Yojna, Integrated Watershed Management Programme, Midday Meal Scheme and Integrated Child Development Services ;
(vii) undertake measures for effective supervision and monitoring of various developmental programmes ; and
(viii) to carry out such other functions as may be entrusted to it by the Government or by the District Planning and Development Board.
(3) The Block Development Council may form such sub-committees as required for carrying out the purposes of this Act and in accordance with the procedure laid down in this behalf.
(4) Subject to such rules as may be prescribed in this behalf, the Block Development Council may employ such staff as is necessary for carrying out the duties imposed on it by this Act.
(5) The Block Development Council shall pay the remuneration to such servant out of its own resources.
(6) The Government may also provide the staff to the Block Development Council as specified in Schedule II-B for carrying out the purposes of this Act.]


1. Section 31 substituted by S.O. 3654(E) dated 16.10.2020.

Section 32.Powers and functions of the Chairperson and the Vice-Chairperson.

(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.


1. Words “Chairman” and “Vice-Chairman” substituted by Act XIII of 2016, s. 12.

Section 33.Remuneration to 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.

(2) The 1[Chairperson] of the Block Development Council shall be paid such honorarium as may be prescribed, from time to time.


1. Words “Chairman” and “Vice-Chairman” substituted by Act XIII of 2016, s. 12.

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 1[Government of the Union territory of Jammu and Kashmir] having due regard to the number of Panchayat Halqas in a Block and the revenues assigned by the District Planning and Development Board.
2[(3) The Block Development Council shall have power to operate funds, grants, etc. specified in Schedule II-C in the manner prescribed.]


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.
2. Sub-section (3) inserted ibid.

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.


1. Words “Chairman” and “Vice-Chairman” substituted by Act XIII of 2016, s. 12.

Section 36. State Election Commission.

1[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 2[Union territory of Jammu and Kashmir] as heretofore :
3[Provided further that for purposes of holding general elections under this Act upto December, 2020 or until a full time State Election Commissioner is appointed earlier, 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 2[Union territory of Jammu and Kashmir], the 4[Government of the Union territory of Jammu and Kashmir] may, by a notification in the 5[Official 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 2[Union territory of Jammu and Kashmir] in the Commission.
(3) The Commission shall consist of a State Election Commissioner, to be appointed by the 6[Lieutenant Governor] on the recommendation of a Committee consisting of the––
(i) Chief Minister 7[Chairperson]
(ii) A senior Minister to be nominatedMember
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 4[Government of the Union territory of Jammu and Kashmir], in the Legislative Assembly :
8[Provided that when the Proclamation under section 73 of the Jammu and Kashmir Reorganisation Act, 2019 is in force, State Election Commissioner shall be appointed by the Lieutenant Governor of Union territory of Jammu and Kashmir].
(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 2[Union territory of Jammu and Kashmir] 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 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 6[Lieutenant 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 9[x x x x] 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.


1. Substituted by Act XV of 2011, s. 3.
2. Substituted by S.O. 3654(E) dated 16.10.2020 for “State”.
3. Second Proviso substituted ibid. (For earlier amendment see Act XII of 2018, s. 3.)
4. Substituted ibid for “Government”.
5. Substituted ibid for “Government Gazette”.
6. Substituted ibid for “Governor”.
7. Substituted by Act XIII of 2016, s. 12 for “Chairman”.
8. Proviso inserted by S.O. 3654(E) dated 16.10.2020.
9. Words “and Constitution of Jammu and Kashmir” omitted ibid.

Section 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 1[Lieutenant 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.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Governor”.

Section 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 1[Lieutenant Governor] on the ground of proved 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 1[Lieutenant Governor].

(2) The 1[Lieutenant 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 1[Lieutenant Governor] has passed orders on receipt of the report of the Inquiry Officer on such reference.
(3) Notwithstanding anything in sub-section (1), the 1[Lieutenant 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.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Governor”.

Section 36C.Officers and staff of State Election Commission.

(1) The 1[Government of the Union territory of Jammu and Kashmir] 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 1[Government of the Union territory of Jammu and Kashmir] 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 1[Government of the Union territory of Jammu and Kashmir], designate or nominate such of the officers and employees of the 1[Government of the Union territory of Jammu and Kashmir] as various authorities for purposes of preparation and revision of electoral rolls and conduct of elections under this Act, as it may deem fit.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.

Section 36D. Powers of the State Election Commission.

(1) The State Election Commission shall be deemed to be a Civil Court under 1[the Code of Civil Procedure, 1908 (5 of 1908)] 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 2[Government of the union territory of Jammu and Kashmir], 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 2[Government of the union territory of Jammu and Kashmir] 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 2[Government of the union territory of Jammu and Kashmir], as it may deem necessary ;
3[(cc) to determine and delimit Halqa Panchayats in accordance with this Act] :
4[Provided that for the purposes of holding general elections under this Act upto December 2020 or until a full time State Election Commissioner is appointed earlier, 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 2[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 “the Code of Civil Procedure, Samvat 1977”.
2. Substituted ibid for “Government”.
3. Clause (cc) inserted by Act VI of 2014, s. 9, w.e.f. 01-06-2014.
4. Proviso after clause (cc) substituted by S.O. 3654(E) dated 16.10.2020. (For earlier amendment see Act XII of 2018, s. 4.)

Section 37.No bar on holding of eletion on party line.

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


Section 38. Electoral Roll.

For 1[every election to be held under this Act] there shall be an electoral roll, which shall be prepared by Election Authority in accordance with the provisions of this Act.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “every Halqa Panchayat”.

Section 39.Disqualification for registration in an electoral roll.

A Person shall be disqualified for registration in an electoral roll if he,—

1[x x x x] ;
(ii) is of unsound mind and stands so declared by a competent court ;
(iii) has not attained age of 18 years.


1. Clause (i) omitted by S.O. 3654(E) dated 16.10.2020.

Section 40. Election of Sarpanches of Halqa Panchayats.

1[40. Election of Sarpanches of Halqa Panchayats.–– Sarpanches of Halqa Panchayats shall be elected by electorate of the Halqa Panchayat.]


1. Section 40 inserted by S.O. 3654(E) dated 16.10.2020. (For earlier amendment see Act XIII of 2016, s. 3.)

Section 41.Election of Chairperson of Block Development Council.

The 1[Chairperson] of Block Development Council shall be elected by the electoral college comprising 2[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.


1. Word “Chairman” substituted by Act XIII of 2016, s. 12.
2. Word “elected” omitted by Act II of 2004, w.e.f. 23-09-2003.

Section 42. Holding of elections.

(1) The elections to the Halqa panchayat shall be held one month prior to the expiry of term 1[or within six months from the date of appointment of Administrator under section 9], as the case may be.

2[(2) The election of the Chairperson of the Block Development Council shall be held not later than three months after the constitution of Panchayats or six months after a casual vacancy occurs, as the case may be].


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “or within six months from the date of supersession”.
2. Sub-section (2) substituted ibid.

Section 42-A.Nomination of candidates for election.

1[42-A. Nomination of candidates for election. ––2[(1) Any person may nominate himself as a candidate for election of :––

(a) Panch or Sarpanch of a Halqa Panchayat if his name is included in the electoral roll of such Halqa Panchayat ;
(b) Chairperson of a Block Development Council if his name is included in the electoral roll of such Block Development Council ; and
(c) directly elected members of a District Development Council if his name is included in the electoral roll of any Halqa Panchayat of such District.]
(2) On or before the date appointed for submission of nomination papers by the Election Authority, every candidate for election of 3[Panch or Sarpanch of a Halqa Panchayat or Chairperson, Block Development Council or directly elected members or Chairperson of a District 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 4[Panchayat Constituency or Block Development Council or District Development Council] unless he deposits or causes to be deposited such amount of security, as may be prescribed, for election of Panch, Sarpanch or 5[Chairperson, Block Development Council or directly appointed members of a District 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. Sections 42-A and 42-B inserted by Act II of 2004.
2. Sub-section (1) substituted by S.O. 3654(E) dated 16.10.2020.
3. Substituted ibid for “Panch of a Halqa Panchayat or Chairperson, Block Development Council”.
4. Substituted by S.O. 3654(E) dated 16.10.2020 for “Panchayat Constituency or Block Development Council”.
5. Substituted ibid for “Chairperson, Block Development Council”.

Section 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.]


1. Sections 42-A and 42-B inserted by Act II of 2004.

Section 43.Disputes regarding elections.

(1) The election of a person 1[as Sarpanch, Panch] of a Halqa Panchayat or as a 2[Chairperson of the Block Development Council or elected member or Chairperson of the District 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 prevailed 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.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “as Panch”. (For earlier amendment see Act XIII of 2016, s. 5.)
2. Substituted ibid for “Chairperson of the Block development Council”. (For earlier amendment see Act XIII of 2016, s. 12.)

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.


Section 45.Establishment of District Development Council.

1[45. Establishment of District Development Council.––For each district there shall be a District Development Council, having jurisdiction, over the entire district excluding, such portions of the district as are included in a Municipality or Municipal Corporation constituted under any law for the time being in force.


1. Substituted by S.O. 3654(E) dated 16.10.2020.

Section 45-A.Constitution of District Development Council.

(1) Every District Development Council shall consist of––

(a) the directly elected members from territorial constituencies in the district ;
(b) the Members of the Legislative Assembly representing a part or whole of the district whose constituencies lie within the district ; and
(c) the Chairperson of all Block Development Councils of the district.
(2) The number of elected members of a District Development Council under clause (a) of sub-section (1) shall consist of persons elected from the territorial constituencies in the district, as may be notified from time to time, which shall be fourteen in number.
(3) All members of District Development Council, whether or not elected by direct election from territorial constituencies in the district shall have the right to vote in the meeting of the District Development Council :
Provided that in the case of election or removal of the Chairman and Vice Chairman only the directly elected members shall have the right to vote.
(4) Seats to be filled by direct election shall be reserved in the District Development Council––
(a) for the Scheduled Castes ; and
(b) for the Scheduled Tribes,
and the number of seats to be filled by direct election so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the District Development Council as the population of the Scheduled Castes in the district or of the Scheduled Tribes in the district bears to the total population of the district.
(5) Not less than one-third of the total number of seats reserved under sub-section (4) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(6) One-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every District Development Council shall be reserved for women.
(7) The seats reserved under sub-sections (4), (5) and (6) shall be allotted by rotation to different constituencies in the district in such manner as may be prescribed.
(8) The Additional District Development Commissioner of the District shall be the Chief Executive Officer of the District Development Council and he shall be assisted by the District level heads in the discharge of functions as such.
(9) The term of District Development Council shall be five years except for holding common elections to all the tiers of the Panchayats simultaneously so that all the tiers have co-extensive terms in the district.
(10) The provisions for disqualification from the membership of a Halqa Panchayat as provided under section 6 shall be applicable mutatis-mutandis to the directly elected members of the District Development Council.
(11) A Chairperson, Vice Chairperson of a District Development Council may, by writing under his hand, addressed to such authority and in such manner as may be prescribed, resign his office and on acceptance of the resignation by such authority the office shall thereupon become vacant.
(12) Any Chairperson vacating an office of District Development Council either by resignation or removal shall handover the charge to the Vice Chairperson of the District Development Council.
(13) In the event of the position of the Vice Chairperson having been vacated earlier, the Chairperson shall hand over the charge to the Chief Executive Officer.
(14) A Chairperson or a Vice Chairperson shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in his favour is passed by a majority of not less than two third of the directly elected Members of the District Development Council at a meeting specifically convened for the purpose in the prescribed manner on the following grounds, namely;-
(i) gross misconduct ;
(ii) neglect of duty ;
(iii) any disqualification prescribed under sub-section (10) ;
(iv) failure to attend three consecutive meetings of the District Development Council :
Provided that failure to attend meetings of the District Development Council shall not render him liable to removal if such failure is due to reasons beyond his control.


1. Substituted by S.O. 3654(E) dated 16.10.2020.

Section 45-B. Election of Chairperson and Vice-Chairperson.

(1) After the declaration of the results, the Deputy Commissioner shall, as soon as possible but not later than one week of such declaration, call under his presidentship a meeting of elected members of the District Development Council for the purposes of oath or affirmation or allegiance.

(2) Immediately after oath or affirmation of allegiance is administered or made, the elected members of a District Development Council shall, in the prescribed manner, elect from amongst themselves one of its members to be the Chairperson and another to be the Vice-Chairperson of the District Development Council :
Provided that if the office of the Chairperson or Vice-Chairperson, as the case may be, is vacated or falls vacant during the tenure on account of death, resignation or no-confidence motion, a fresh election within a period of three months from the date of occurrence of vacancy shall be held from the same category, in such manner as may be prescribed.
(3) One-third of the total number of seats for the office of the Chairperson of District Development Council in the Union territory of Jammu and Kashmir shall be reserved for women.
(4) The seats reserved under sub-section (3) shall be allotted by rotation in such manner as may be prescribed.


1. Substituted by S.O. 3654(E) dated 16.10.2020.

Section 45C.Conduct of business.

(1) The Chairperson shall convene at least four meetings of the District Development Council in a financial year, one in each quarter which shall be called the ordinary or general meeting and every meeting of the District Development Council shall ordinarily be held at District Development Council headquarters :

Provided that the first meeting of the District Development Council shall be held within one month of its constitution.
(2) ‘Ten clear days’ notice of an ordinary meeting and ‘seven clear days’ notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat shall be sent to the members and pasted at the office of the District Development Council.
(3) The Chairperson may, whenever deemed fit and shall upon the written request of not less than one third of the total number of members and on a date within fifteen days of receipt of such request call a special meeting and such request shall specify the object for which the meeting is proposed to be called.
(4) One half of the total members of the District Development Council shall form a quorum for transacting business at a District Development Council.
(5) Every meeting shall be presided over by the Chairperson or if he is absent or if the office of the Chairperson is vacant, by the Vice Chairperson and if both the Chairperson and Vice Chairperson are absent, the members present shall elect one from among themselves to preside.
(6) All questions shall, unless otherwise specially provided, decided by a majority of members present and voting.
(7)The proceedings of every meeting shall be recorded in the minute - book immediately after the deliberations of the meeting and shall after being read over by the Chairperson of the meeting, be signed by him.
(8) A copy of every resolution passed by a District Development Council at a meeting shall within ten days from the date of meeting be forwarded to the Government and copies of minutes shall be furnished to all Members.
(9) The District Development Council may require presence of officers at meetings.––If it shall appear to a District Development Council that the attendance of any officer of the Government having jurisdiction over the area of the District Development Council, is desirable at a meeting of the District Development Council, the Chief Executive Officer shall by a letter addressed to such officer not less than fifteen days before the intended meeting, request the officer to be present at the meeting :
Provided that the officer on receipt of such letter may, if for any reasonable cause is unable to be present thereat, instruct his deputy or other subordinate to represent him at the meeting.
(10) Until the contrary is proved, every meeting of a District Development Council or of a committee appointed under this Act in respect of proceedings whereof a minute has been made and signed in accordance with this Act, shall be deemed to have been duly convened and held and the members of the meeting shall be deemed to have been duly qualified and where the proceedings are the proceedings of a committee, such committee shall be deemed to have been duly constituted and to have had the power to deal with the matter referred to in the minute.
(11) During any vacancy in a District Development Council or a Committee, the Continuing Member or Members may act as if no vacancy has occurred.


1. Substituted by S.O. 3654(E) dated 16.10.2020.

Section 45-D. Standing Committees.

(1) In every District Development Council, the following standing committees shall be constituted, namely :––

(i) Standing Committee for Finance ;
(ii) Standing Committee for Development ;
(iii) Standing Committee for Public Works ;
(iv) Standing Committee for Health and Education ;
(v) Standing Committee for Welfare.
(2) Every standing committee shall consist of such number of members, including its Chairperson as decided by the District Development Council, so that all other elected members except the Chairperson and Vice-Chairperson shall be elected as a member in any of the standing committee and the number of members elected to each standing committee shall, as far as possible, be equal.
(3) The number of members of each standing committee as decided by the District Development Council shall not be changed within the term of that Council.
(4) In every standing committee there shall be members of the District Development Council elected from amongst themselves and a member shall not be a member of more than one standing committee at a time except when required due to insufficient number of members of the District Development Council.
(5) The Chairperson of every standing committee, except the standing committee for finance, shall, be elected by the members of the respective standing committee from amongst themselves.
(6) The Vice-Chairperson of District Development Council shall be an ex-officio member and Chairperson of the standing committee for finance and the Chairperson shall be an ex-officio member of all standing committees without the right to vote.
(7) A member other than an ex-officio member of a standing committee and the Chairperson of a standing committee other than the standing committee for finance may resign the membership or Chairmanship of a standing committee, as the case may be, by tendering resignation to the Secretary in the prescribed form and the resignation shall take effect from the date on which it was received by the Secretary and the Secretary shall inform the fact immediately to the Chairperson and the District Development Council.
(8) The person who resigns the membership or Chairmanship of the Standing committee shall give in person or send through registered post his resignation where such resignation letter is attested by a gazetted officer, as the case may be, to the Secretary and the Secretary shall acknowledge receipt of the same.
(9) Except as otherwise provided in this Act, the term of the Chairman of a standing committee or its member shall co-exist with the term of that Council.
(10) An election to fill up casual vacancy of the member of standing committee shall be conducted within thirty days of the occurrence of that vacancy :
Provided that where the vacancy in a standing committee could not be filled up due to the vacancy of a member of Council, the vacancy of standing committee shall be filled up within thirty days from the date of filling up of the vacancy of the member of Council.
(11) If a casual vacancy of the Chairman of a standing committee other than the standing committee for finance arises one of its members shall be elected as its Chairman in the next meeting of the standing committee.
(12) A motion of no-confidence on the Chairperson of the standing committee other than the standing committee for finance may be moved subject to the prescribed provisions and procedures and if such a motion is passed with the support of not less than the majority of the members of the standing Committee, the Chairman of that standing committee shall cease to hold office and he shall be deemed to have vacated the office of the chairman of the standing committee immediately.
(13) Standing Committee for finance shall deal with the subjects like finance, accounts, audit, budget, general administration and subjects not allowed to other standing committees.
(14) The Standing Committee for Development shall deal with the subjects like development planning, socio-economic planning, agriculture, soil conservation, animal husbandry, minor irrigation, fisheries, small scale industry, etc.
(15) The Standing Committee for Public Works shall deal with the subjects like public works, housing, spatial planning and environment.
(16) The Standing Committee for Health and Education shall deal with subjects like public health and education.
(17) The Standing Committee for Welfare shall deal with subjects like social welfare, development of women and children and development of Scheduled Castes and Scheduled Tribes.
(18) The standing committees of the Council may perform such other powers and functions of the Council as may be entrusted to it by the Council in addition to the powers and duties conferred on it by rules made in this behalf.
(19) Every resolution passed by the standing committee shall be placed before the Council in its next meeting and the Council shall have power to modify such resolution if considered necessary.
(20) The standing committees shall perform their functions and conduct their business in the manner prescribed.]


1. Substituted by S.O. 3654(E) dated 16.10.2020.

Section 46.Powers and functions of the District Planning and Development Board.
Section 47.Staff and property and finance.

1[47. Staff and property and finance. ––(1) Subject to such rules as may be prescribed in this behalf, the District Development Council may employ such staff as is necessary for carrying out the duties imposed on it by this Act.

(2) The District Development Council shall pay the remuneration to such staff out of its own resources.
(3) The Government may also provide the staff to the District Council as required carrying out the purposes of this Act.
(4) Every District Development Council shall have a fund to be called the District Development Council Fund comprising grants by the Government and own resources.
(5) The District Development Council shall have powers to acquire, hold or dispose of property or enter into a contract in accordance with the rules prescribed.]


1. Section 47 substituted by S.O. 3654(E) dated 16.10.2020.

Section 47A. District Planning Committee.

(1)For every District, there shall be a District Planning Committee comprising of the following, namely:––

(i) Members of Parliament representing the area ;
(ii) Members of the State Legislature representing the areas within the District ;
(iii) Chairperson of the District Development Council of the District ;
(iv) Chairpersons of the Town Area Committees/Municipal Committees of the District ;
(v) President of the Municipal Council/Municipal Corporation, if any ;
(vi) District Development Commissioner ;
(vii) Additional District Development Commissioner ;
(viii) District Statistics and Evaluation Officer ;
(ix) Chief Planning Officer ;
(x) All District Level officers shall be ex-officio members of the Committee.
(2) The Member of Parliament representing the area shall be the Chairperson of the Committee.


Section 47-B. Functions of District Planning Committee.

The District Planning Committee shall perform the following functions :––

(i) to consider and guide the formulation of development programmes for the District and indicate priorities for various schemes and consider issues relating to the speedy development and economic upliftment of the District ;
(ii) to function as a working group for formulation of periodic and annual plans for the District ;
(iii) to formulate and finalise the plan and non-plan budget for the District.


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 1[Government of the Union territory of Jammu and Kashmir] 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.
2[(6) A member of Panchayati Adalat shall be entitled to such sitting fee as the 1[Government of the union territory of Jammu and Kashmir] may prescribe from time to time].


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.
2. Sub-section (6) inserted by Act XIII of 2016, s. 11.

Section 49.Procedure for conduct of business.

Save as otherwise provided in this Act, the 1[Government of the union territory of Jammu and Kashmir] 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.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.

Section 50. Chairperson of Panchayati Adalat.

The members of a Panchayati Adalat shall elect any member from amongst themselves to be the 1[Chairperson] of such Panchayati Adalat :

Provided that if the members of a Panchayati Adalat fail to elect the 1[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 1[Chairperson] of such Panchayati Adalat.


1. Substituted for “Chairman” by Act XIII of 2016, s. 12.

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 Chairperson and the member of Panchayati Adalat.

(1) The 1[Government or any other officer specially empowered or authorised in this behalf] may remove the 2[Chairperson] or member of a Panchayati Adalat after giving him opportunity of being heard and after such enquiry, as the 1[Government or any other officer specially empowered or authorised in this behalf] deems necessary, if in the opinion of the 1[Government or any other officer specially empowered or authorised in this behalf], 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 1[Government or any other officer specially empowered or authorised in this behalf] 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.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.
2. Substituted for “Chairman” by Act XIII of 2016, s. 12.

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, 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. 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 2[Indian Panal Code (45 of 1860)].

(2) The provisions of the 3[Judicial Officers Protection Act, 1850 (18 of 1850)] shall apply to every Panchayati Adalat and to every member thereof while acting judicially.


1. Substituted for “Chairman” by Act XIII of 2016, s. 12.
2. Substituted by S.O. 3654(E) dated 16.10.2020 for “Ranbir Penal Code, Samvat 1989”.
3. Substituted ibid for “Judicial Officers Protection Act, 1971”.

Section 56.Criminal jurisdiction.

Notwithstanding anything contained in the 1[Code of Criminal Procedure, 1973 (2 of 1974)] 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 2[Indian Penal Code (45 of 1860)] with imprisonment of either description for a term of three years or onwards ; or
(ii) has been previously sentenced for any offence to life imprisonment for a like term ; or
(iii) has been previously 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 3[Code of Criminal Procedure, 1973 (2 of 1974)] :
Provided further that the 4[Government of the Union territory of Jammu and Kashmir] may, on its own motion or on the recommendation of the prescribed authority, exclude, by notification in the 5[Official 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 2[Indian Penal Code (45 of 1860)].


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Code of Criminal Procedure, Samvat 1989”..
2. Substituted ibid for “Ranbir Penal Code, Samvat 1989”.
3. Substituted ibid for “Code of Criminal Procedure, Samvat 1989”.
4. Substituted ibid for “Government”.
5. Substituted ibid for “Government Gazette”.

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 1[Code of Criminal Procedure, 1973 (2 of 1974)], 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 2[eighteen years of age].


* Now section 360.
1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Code of Criminal Procedure, Samvat 1989”.
2. Substituted by S.O. 3654(E) dated 16.10.2020 for “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 1[Code Criminal Procedure, 1973 (2 of 1974)], 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 2[section 125] of the said Code is pending may require a Panchayati Adalat in whose jurisdiction the husband or parent against whom the proceeding has been started, 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.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Code of Criminal Procedure, Samvat 1989”.
2. Substituted ibid for “section 125”.

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.

Notwithstanding anything contained in the 1[Code of Civil Procedure, 1908 (5 of 1908)] and subject to the provisions of this Act, a Panchayati Adalat shall have jurisdiction over the concerned Halqa Panchayat area for which it has been constituted for the trial of such suits as are described in section 67.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Code of Civil Procedure, Samvat 1977”.

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 ;
(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 2 Government of the Union territory of Jammu and Kashmir 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 2[Government of the Union territory of Jammu and Kashmir] may, by notification in the 3[Official 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.


1. Substituted for “Chairman” by Act XIII of 2016, s. 12.
2. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.
3. Substituted ibid for “Government Gazette”.

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.


Section 72.Appearance in person or by representative.

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 proceedings 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 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 imprisoned 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 2[Government of the Union territory of Jammu and Kashmir] from time to time.


1. Substituted for “Chairman” by Act XIII of 2016, s. 12.
2. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.

Section 79-A.Government’s power to specify role of Halqa Panchayats, etc.

(1) The Government may, by general or special order, specify from time to time, the role of Halqa Panchayats, Block Development Council and District Development Council, in respect of the programmes, schemes and activities related to the functions specified in the Schedules, in order to ensure properly coordinated and effective implementation of such programmes, schemes and activities.

(2) The Government may, by notification, in the Official Gazette add any activity, programme or scheme to those covered by or mentioned in Schedules, and on the issue of such notification, the Schedules shall be deemed to have been amended accordingly and every such notification shall be placed before the Legislative Assembly.


Section 80. Power to make rules.

(1) The 1[Government of the Union territory of Jammu and Kashmir] 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 2[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.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.
2. Substituted for “Chairman” by Act XIII of 2016, s. 12.

Section 81. Power to make bye-laws.

Subject to any rule made by the 1[Government of the Union territory of Jammu and Kashmir], 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.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.

Section 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 1[Government of the Union territory of Jammu and Kashmir] whose decision thereon shall be final and binding on the Panchayat Halqas.


1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.

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.


SECTIONS