The Jammu and Kashmir Panchayati Raj Act, 1989

Preliminary

masonry, bricks, wood, mud, thatch, metal any other material whatever, and includes a wall and a wall mud-wall built around agricultural land not on the public road;

1. (d) "Case" means a criminal proceedings in of an offence triable by a Halqa Panchayati Adalat;
2. (e) "Chairman" means the Chairman of--
   • (i) the Panchayati Adalat;
   • (ii) the Block Development Council;
   • (iii) the District Planning and Development Board;
3. (f) "Constituency" means a ward for is to be or has been elected;
4. (g) "District Planning and Development Board";
5. (h) "Election Authority" means Chief Electoral Officer of the State;
   • (i) "Electoral Roll" means the rolls as in accordance with the provisions of this Act;
6. (j) "Halqa" means the area or such contiguous number of villages as may be Government from time to time; Provided that the Halqa shall a manner that the population of any Halqa and 4,500 in the plain areas. Provided further that the unit of a village shall not be disturbed.
7. (k) "Halqa Panchayat" means a Halqa Panchayat constituted under section 4 of this Act;
8. (l) "Naib-Sarpanch" means the Naib-Sarpanch the Halqa Panchayat;
9. (m) "Panch" means members of Halqa whether elected or nominated under this Act;
10. (n) "Panchayati Adalat" means a Panchayati Adalat constituted under section 48 of this Act for the purpose of suits and;
11. (o) "Rules" means rules made under this Act;
12. (p) "Prescribed Authority" means the authority as may be appointed by the Government, by notification, for all or any of the provisions of this Act;
13. (q) "Rules" means the rules made under this Act;
14. (r) "Sarpanch" means the Sarpanch of the Halqa Panchayat; "Schedule" means the Schedule appended to this Act;
15. (t) "Suit" means a civil suit;
16. (u) "Vice-Chairman" means the Vice-Chairman of--
    • (i) the Block Development Council.
    • (ii) the District Planning and Development Board.
    • (v) "Village" means a parcel or pads of land having a separate name and known limits in the revenue records and not included in the limits of a Municipality, Cantonment of Town Area Committee or Notified Area Committee.

1. (2) In this Act, the expressions "decree", "decree-holder", "judgement-debtor", "legal representative" and "movable property" shall have the same meaning as is assigned to them in the Code of Civil Procedure, Samvat 1977.

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.

Halqa Panchayat

Establishment and constitution of Halqa Panchayat.--

1. (1) There shall be a Halqa Panchayat for every Halqa.
2. (2) Every Halqa Panchayat shall bear the name of the place where it is headquartered.
3. (3) Every Halqa Panchayat shall consist of such number of Panches not less than seven and not more than eleven including the Sarpanch as the prescribed authority may, from time to time, fix in this behalf. Provided that if the prescribed authority is that woman or Scheduled Castes or any other class are not in the Halqa Panchayat, it may nominate not more than thereof.
4. (4) The Sarpanch shall be elected Panchayat is such manner as may be prescribed.
5. (5) The Naib-Sarpanch shall be elected by the Panches of the Halqa Panchayat from among themselves at the first meeting of the Halqa Panchayat after its constitution.
6. (6) The Panches shall be elected from the constituencies delimited by the prescribed authority in accordance with rules.
7. (7) There shall be notified the name of the Halqa Panchayat and the names of the Panches duly elected in accordance with rules framed thereunder. Upon the issue of such notification, the Halqa Panchayat shall be deemed to be duly constituted.
8. (8) The Village Level Worker or Multipurpose Worker or Gram Sevika shall be the Secretary of the Halqa Panchayat.
9. (9) 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 modifications as the Government may specify, in the rules.

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.

Disqualifications for membership.—

1. (1) A person shall be disqualified to be a member of Halqa Panchayat if he—
   • (a) is not a permanent resident of the State;
   • (b) is in the employment of the Government;
   • (c) is under twenty-five years of age; or
   • (d) is of unsound mind and stands so declared by a competent court; or
   • (e) has been adjudged insolvent by a competent court; or
   • (f) is a salaried servant of a Halqa Panchayat;
   • (g) is a Lambardar or Village Chowkidar; or

Removal of Sarpanch and Naib-Sarpanch of a Halqa Panchayat.

Filling vacancies in Halqa Panchayat.

1. (2) No vacancy in the Halqa Panchayat shall be filled so long as the number of Panches is not low 50% of the total number of members of such Halqa Panchayat.

Supersession of Halqa Panchayat.

1. (1) If in the opinion of the Government a Halqa Panchayat persistently makes default in the performance of duties imposed on it by or under this Act, the Government may, by notification, supersede such Halqa Panchayat: Provided that no order under this section shall be passed unless the Halqa Panchayat is called upon to show cause as to why such an order shall not be passed.
2. (2) The period of supersession shall not exceed six months during which the elections shall be held.
3. (3) When an order is made under sub-section (1), the Government may, by order in writing, make arrangements for the administration of the Halqa Panchayat for such period but not exceeding six months.
4. (4) If a Halqa Panchayat is superseded—
   • (i) the Sarpanch and Panchs of the Halqa Panchayat shall, as from the date of the notification, vacate their office.
   • (ii) the funds and other property vested in the Halqa Panchayat shall, during the period of supersession, vest in the Government.

Remuneration to Sarpanch and Panchs.

Resignation.

Powers and Functions

Powers and functions. (1)

1. (i) to prepare the development plan for the development of the halqa;
2. (ii) to undertake measures for the implementation of the development plans;
3. (iii) to specifically deal with the problems of soil conservation, water management, social forestry, rural industrialisation, agriculture, sheep and animal husbandry, education, health and other welfare programmes;
4. (iv) regulations of buildings, shops and entertainment houses and checking of offensive or dangerous trades;
5. (v) sanitation and conservancy, and regulation of sale and preservation of fish, vegetables and other perishable articles and food;
6. (vi) regulation of sale and preservation of fish, vegetables and other perishable articles and food;
7. (vii) regulation of fairs;
8. (viii) preparation and implementation of rural development plans for alleviating poverty and employment generation such as besides others, like Integrated Rural Development Programme, National Rural Employment Programme, Rural Landless Employment Guarantee Programme and Housing for Scheduled Castes and Backward Classes;
9. (ix) all matters involving supervision, maintenance and support, incidental thereto, for the more efficient discharge of the above functions and those which may be entrusted to a Halqa Panchayat under the provision of this Act.

1. (2) The Halqa Panchayat shall be involved in the implementation of the schemes of universalisation of elementary education and other educational programmes.
2. (3) The Halqa Panchayat shall also perform such other functions and duties as may be assigned or entrusted to it by the Government, the District Planning and Development Board and the Block Development Council within the area of which Halqa Panchayat is constituted.

Property

Property of Halqa Panchayat.

Halqa Panchayat Fund.

Imposition of Taxes and Fees.

1. (1) The Halqa Panchayat shall levy—
   • (i) Tax on major/minor minerals,
   • (ii) Tax on bricks/kilns:
   • (a) in the case of brick kilns, not exceeding xxxx per annum:
   • (b) in the case of brick kilns (tiles), not exceeding xxxx per annum:
   • (c) in the case of tractor, not exceeding xxxx per annum:
     • (iii) Tax on boats.
     • (iv) Pilgrim tax.
     • (v) A tax on gharats, rice husking mills, brick kilns and oil mills.
     • (vi) Tax on hawkers and pheriwalas. Fees:
     • (vii) Fees on persons exposing goods for sale in market or Melas belonging to or controlled of Halqa Panchayat;
     • (viii) Fees for the use of slaughter houses;
     • (ix) Fees for temporary occupation of village sites, roads, roadsides and similar public places or parts thereof;
     • (x) Fee on application for erection/re-erection of buildings;
     • (xi) Adda fee;
     • (xii) Fee for grazing of cattle in the grazing lands vested in Halqa Panchayat;
     • (xiii) Fee on cattle ponds;
     • (xiv) Fee on Tongas. Any other tax:
     • (xv) Such other tax or fee as may be approved by the Government.

Power of entry for the purpose of valuation of taxation. The Sarpanch may authorize any person after giving twenty-four hours notice to the occupier, or if there be no occupiers, to the owner of any building or land at any time between sunrise and sunset,—

1. (i) to enter, inspect and measure any building for the purpose of valuation;
2. (ii) to enter and inspect any stable, cow house or other place wherein there is reason to believe that there is any vehicle or animal liable to be taxed.

Appeal against Levy of Tax or fee.

1. (1) An appeal against the levy of tax or fee by the Halqa Panchayat shall lie to the prescribed authority.
2. (2) Where it is brought to the notice of the prescribed authority that a tax, rate or 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.

Recovery of dues as arrears of land revenue. Subject to such rules as may be made by the Government in this behalf, all the taxes or fees levied under this Act by the Halqa Panchayat and the moneys recoverable shall be recovered as arrears of land revenue.

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.

Audit of Panchayat Funds.

Annual Budget Annual Budget.

1. (1) Every Halqa Panchayat shall prepare and for presentation before meeting of voters the budget estimates of income and expenditure for the year commencing on 1st of April of the Halqa Panchayat incorporating therein future development programmes and plans for the relevant year.
2. (2) A copy of the budget estimates of income and expenditure and the annual report of the working of the Halqa Panchayat shall be sent to the prescribed authority for record within three days after the meeting under sub-section (1).
3. (3) If any Halqa Panchayat fail to present its budget or annual report in the meeting, the prescribed authority shall prepare the same and the voters shall consider the budget so prepared and presented, and draw the development programmes and plans for the Halqa Panchayat area.
4. (4) Approved budget for the Halqa Panchayat shall be published in such manner as may be prescribed.

Exemption from Tax. Subject to such rules as may be made by the Government, the Government may, by order, exempt in whole or in part from the payment of any tax imposed under this Act, any person or class of persons or description of property.

Levy of fees on market etc. The Halqa Panchayat shall have power 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 his bid.

Conduct of Business

Meetings of the Halqa Panchayat.

1. (1) The Halqa Panchayat shall hold its meeting at least once in a month.
2. (2) The meetings shall be presided over by the Sarpanch; Provided that in his absence the Naib-Sarpanch shall preside over the meeting of the Halqa Panchayat and the date therefor shall be notified.
3. (3) In the absence of the Sarpanch and Naib-Sarpanch, the Panchs shall elect one from amongst themselves to preside over the meeting of the Halqa Panchayat.

Functions of Sarpanch and Naib-Sarpanch.

1. (1) The Sarpanch shall—
   • (i) be responsible for the financial and executive administration of the Halqa Panchayat;
   • (ii) exercise administrative supervision and control over the staff of the Halqa Panchayat and the works of the Halqa Panchayat.
2. (2) The Naib-Sarpanch shall exercise such powers and perform such functions of the Sarpanch as may be delegated to him by the Sarpanch or as may be prescribed.

Staff.-

Block Development Council

Constitution of Block Development Concil. -

1. (1) There shall be a Block Development Council for every Block in the State.
2. (2) Every Block Development Council shall consist of a Chairman and such number of Panchs and Sarpanchs of Halqa Panchayats falling within the Block as may be prescribed.

Chairman, Vice Chairman and Secretary. -

1. (1) The Chairman of the Block Development Council shall be elected in accordance with the provisions of section 41.
2. (2) The Vice-Chairman shall be elected by the members of the Block Development Council from amongst themselves.
3. (3) The Block Development Officer shall be the Secretary of the Block Development Council.

Term of office. -

1. (1) The term of Chairman of the Block Development Council shall be five years from the date he is declared elected as such by the Election Authority.
2. (2) The term of office of the Vice-chairman and other members of the Block Development Council shall be co-extensive with the term of their office as Sarpanch of the concerned Halqa Panchayat.

Removal of Chairman. - The Chairman Block Development Council shall be deemed to have vacated his office if a motion of no-confidence moved against him by any member of the Block Development Council on the following grounds, is carried by a majority of not less than two-third of the total number of members of the Block Development Council in a special meeting convened for the purpose as may be prescribed. The grounds aforesaid are:-

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

Powers and Functions

Powers and functions of the Block Development Council. - The Block Development Council shall perform the following functions :-

1. (i) constructions, maintenance and supervision of Inter-Halqa Panchayat Communication System ;
2. (ii) administrative and technical guidance to Halqa Panchayats and review of their work ;
3. (iii) to supervise plans relating to agriculture, rural development, animal husbandry/sheep husbandry, forestry, education and public health ;
4. (iv) supervise and monitor the implementation of poverty alleviation programmes like, Integrated Rural Development Programme, National Rural Employment Guarantee Programme ;
5. (v) undertake measures for effective supervision and monitoring of various development programmes ;
6. (vi) to carry out such other functions as may be entrusted to it by the Government or by the District Planning and Development Board.

Powers and functions of the Chairman and the Vice-Chairman. -

1. (1) The Chairman, and in his absence the Vice-Chairman shall preside over the meeting of the Block Development Council.
2. (2) The Chairman, and in his absence the Vice-Chairman shall exercise general control and supervision over the staff posted in the Block Development Council.

Remuneration to Chairman and Members. -

1. (1) The members of the Block Development Council shall be entitled to such daily allowance, as may be prescribed from time to time.
2. (2) The Chairman of the Block Development Council shall be paid such honorarium as may be prescribed, from time to time.

Property and Finance

Property and finances of the Block Development Council. -

1. (1) Block Development Council shall have the powers to acquire, hold or dispose of property and enter into a contract in accordance with the law in force.
2. (2) For every Block Development Council, there shall be constituted a 'Block Development Council Fund' comprising grants made by the Government having due regard to the number of Panchayat Halqas in a Block and the revenues assigned by the District Planning and Development Board.

Conduct of Business

Meeting.-

1. (1) Every Block Development Council shall hold its meeting once in a month. The meeting shall be convened by the Chairman, and in his absence by the Vice-Chairman; provided the first meeting of the Block Development Council after its constitution shall be convened by the prescribed authority notifying the date therefor.

Holding of Elections

The election to the Panchayat Halqa and Chairman of Block Development Council shall be held under the superintendence, direction and control of the Chief Electoral Officer, in accordance with the provisions of this Act.

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

Election of the Chairman of Block. -

Disputes regarding Elections. -

District Planning and Development Board

Jurisdiction of Civil Courts in matters barred. -

Powers and functions of the Board. -

1. (1) The District Planning and Development Board shall perform the following powers and 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 review periodically the progress of developmental plans and schemes and make recommendations as it considers appropriate ;
   • (iii) to formulate and work out working group for the formulation of periodic and annual plans for the District ;
   • (iv) to formulate and finalise the plan and non-plan budget for the District ;
   • (v) to lay down the policy guidelines ;
   • (vi) to undertake special measures for employment generation and extend support to Halqa Panchayat in this behalf ;
   • (vii) to promote and assist cooperative institutions ;
   • (viii) to perform such other functions as may be entrusted or delegated to it by the Government.
2. (2) The District Planning and Development Board shall set up committees to handle specified jobs.

Finance Finance. -

Constitution of Panchayati Adalat

Composition of Panchayati Adalats.-

1. (1) There shall be a Panchayati Adalat for every Halqa.
2. (2) The Panchayati Adalat shall comprise five members who shall be nominated by the prescribed authority out of the panel prepared and recommended by Halqa Panchayat out of its electorate : Provided that no person shall be so recommended unless he--
   • (i) is literate ;
   • (ii) has attained the age of 30 years ;
   • (iii) is not a Sarpanch, Naib-Sarpanch or a Panch ;
   • (iv) is not under the employment of the Government or any local body or corporation.
3. (3) The term of member of the Panchayati Adalat shall be five years from the date of nomination.
4. (4) Three members of the Panchayati Adalat shall form the quorum.
5. (5) If any vacancy arises in the Panchayati Adalat, it shall be filled up in the same manner as prescribed under sub-section
6. (2) and the member so nominated shall serve for the residue of term of his predecessor.

Procedure for conduct of business.- Save as otherwise provided in this Act, the Government may, make rules to-

1. (i) regulate the conduct and distribution of business and practice before a Panchayati Adalat ;
2. (ii) prescribe the time and place at which the Panchayati Adalat shall sit.

Chairman of Panchayati Adalat.- The members of a Panchayati Adalat shall elect any member from amongst themselves to be the Chairman of such Panchayati Adalat : Provided that if the members of a Panchayati Adalat fail to elect the Chairman within a period of thirty days from the date of nomination, the prescribed authority shall appoint one from amongst the members to be the Chairman of such Panchayati Adalat.

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.

Removal of the Chairman and the member of Panchayati Adalat.-

1. (1) The Government may remove the Chairman or any member of a Panchayati Adalat after giving him opportunity of being heard and after such enquiry as the Government deems necessary, if in the opinion of the Government, such Chairman or member, as the case may be, has been guilty of mis-conduct 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. (2) If an enquiry is held under sub-section (1), the Government may suspend the Chairman or the member of the Panchayati Adalat.
3. (3) A person removed from the Panchayati Adalat under subsection
4. (1) shall not be eligible for nomination to such Panchayati Adalat.

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.

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.

Chairman and members to be public servants.-

1. (1) Every member including the Chairman of the Panchayati Adalat shall be deemed, to be a public servant within the meaning of section 21 of the Ranbir Penal Code, Samvat 1989.
2. (2) The provisions of the Judicial Officers Protection Act, 1971 shall apply to every Panchayati Adalat and to every member thereof while acting judicially.

Criminal jurisdiction.--(1) Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989 and subject to the provisions of this Act, a Panchayati Adalat shall have jurisdiction over the concerned Halqa Panchayat area for the trial of and shall take cognisance of any offence and abetment of or attempt to commit any offence, specified in the Schedule : Provided that no such offence shall be taken by a Panchayati Adalat of any case in which the accused--

1. (i) has been previously convicted of an offence punishable under Chapter XII or Chapter XVII of the Ranbir Penal Code with imprisonment of either description for a term of three years or onwards ; or
2. (ii) has been previously sentenced for any offence to life imprisonment for a like term ; or
3. (iii) has been previously sentenced by any Panchayati Adalat for a theft or for dishonestly receiving stolen property ; or
4. (iv) is a registered habitual criminal ; or
5. (v) has been bound over to be of good behaviour under section 109 or section 110 of the Code of Criminal Procedure, Samvat 1989 : Provided further that the Government may, on its own motion or on the recommendation of the prescribed authority, exclude, by notification in the Government Gazette the jurisdiction of any Panchayati Adalat in respect of any of the offences specified in the Schedule : Provided also that no Panchayati Adalat shall take cognisance of any case relating to an offence specified in the Schedule in which either the complainant or the accused is a public servant as defined in section 21 of the Ranbir Penal Code, Samvat 1989.

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.

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.

Composition to Complainant.-A Panchayati Adalat may direct that the whole or any part of the fine, when realised shall be paid as compensation to the complainant or person affected by the offence.

Composition 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.

Youthful offenders.-Subject to the provisions of section 562 of the Code of Criminal Procedure, Samvat 1989, a Panchayati Adalat may, instead of passing sentence, discharge, after due admonition an offender who in its opinion was on the date of the commission of offence not over fifteen years of age.

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.

Previous acquittal etc.-Where an accused person has been tried for and discharged, convicted or acquitted of any offence, no Panchayati Adalat shall take cognisance of such offence, or on the same facts of any other offence.

Local inquiry and reports.-(1) A Panchayati Adalat may be directed by a Magistrate to make a local enquiry under section 202 of the Code of Criminal Procedure, Samvat 1989, in any case in which the offence was committed within the local limits of the jurisdiction of such Panchayati Adalat.

1. (2) Any Magistrate before whom a proceeding under section 488 of the said Code is pending may require a Panchayati Adalat in whose jurisdiction the husband or parent against whom the proceedings 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 proceeding, should be payable.

Summary dismissal of complaint 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.

Civil jurisdiction.-Notwithstanding anything contained in the Code of Civil Procedure, Samvat 1977 and subject to the provisions of this Act, a Panchayati Adalat shall have jurisdiction over the concerned Halqa Panchayat area for which it has been constituted for the trial of such suits as are described in section 67.

Suits Cognizable by Adalat.-The Panchayati Adalat shall have jurisdiction to hear and determine all suits of the following nature, namely :--

1. (i) suits for money arising on contract, not exceeding one thousand rupees ;
2. (ii) suits for the recovery of movable property or for the value thereof, not exceeding one thousand rupees ;
3. (iii) suits for compensation for wrongfully taking or injuring movable property, not exceeding one thousand rupees ;
4. (iv) suits for damages caused by cattle trespass not exceeding one thousand rupees.

Suits to include whole claim.-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 the Panchayati Adalat.

Place of institution.-Every suit under this Act shall be instituted in the Panchayati Adalat within the local limits of whose jurisdiction the defendant, or any of the defendants in the suit, resides at the time of the institution of the suit.

Interest and Instalment.-(1) In suits for money, the Panchayati Adalat may, in decreeing the suit, order interest at such rate as it thinks fit to be paid from the date of institution of the suit till the date of decree, in addition to the principal sum not exceeding ten per cent per annum.

1. (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.

Execution.-(1) A decree or order passed by a Panchayati Adalat shall be executed by it in such manner as may be prescribed.

1. (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.

Appearance in person or representation.-Parties to a case triable by a Panchayati Adalat shall appear in person before the Panchayati Adalat; provided that a female party, who is a person exempt from personal appearance in court, may be represented by an agent.

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 own motion or suspicion may transfer the case to the Panchayati Adalat within whose jurisdiction the offence was committed.

1. (2) Any Judicial Magistrate may, on an application made by any aggrieved party to a 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 if it is in the interest of justice to do so.

Appeal and Revision.-No appeal shall lie against any order or decree passed by a Panchayati Adalat under this Act, but the District Magistrate in criminal cases and District Judge in civil suits may, either on his own motion or on an application made by any party, call for and examine the record of any case or suit decided by a Panchayati Adalat for the purpose of satisfying himself as to the legality or propriety of any decree or order passed and as to the regularity of the proceedings held by such Panchayati Adalat.

Decrees or Orders passed are not to be altered.-Except as provided in section 74, no decree or order passed by a Panchayati Adalat shall be altered or reversed.

Pending cases before the Panchayati Adalat.-Every case pending before the Panchayati Adalat at the time of the commencement of this Act, or before the expiry of the term of office of its members, shall be heard and determined by the Panchayati Adalat as newly constituted.

Contempt of Panchayati Adalat.-If any person intentionally insults any member of a Panchayati Adalat or any public servant during the sitting of the Panchayati Adalat or any stage of judicial proceedings or causes any interruption to the Panchayati Adalat while sitting in any stage of judicial proceedings, the Panchayati Adalat may punish such person with fine not exceeding fifty rupees.

Power to make rules.-(1) The Government may make rules for carrying out the purposes of this Act. In particular and without prejudice to the generality of the foregoing power, such rules may provide for---

1. (i) for all matters expressly required or allowed by this Act to be prescribed by rules ;
2. (ii) for the procedure for exercise of civil and criminal jurisdiction, imposition of fine by the Panchayati Adalat ;
3. (iii) procedure regulating the election of Sarpanch and Chairman of Block Development Council ;
4. (iv) that a contravention of any rule shall be punishable with a fine which may extend to one hundred rupees.

Power to make bye-laws.-Subject to the provisions of this Act and the rules made by the Government, a Halqa Panchayat may make bye-laws to carry out the duties and functions transferred on it and such bye-laws shall be made with the approval of prescribed authority.

(See section 56) Offences specified in the Schedule (Brief description of offence) 1. Absconding to avoid service of summons or other proceeding from a public servant 172 2. Preventing the service or the enforcing of service of summons or notice, or the removal of it when it is attached in a conspicuous place, or preventing a proclamation. 173 3. Intentional omission to produce document or deliver document. 175 4. Refusing to take oath or affirmation when duly required by a public servant to make it. 178 5. Refusing to answer questions, being legally bound to state truth. 179 6. Refusing to sign a statement made to a public servant. 180 7. Intentional omission to give information of an offence by a person legally bound to inform. 181 8. Refusing to answer public servant authorised to question. 182 9. Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding. 228 10. Negligent act likely to spread infection of any disease dangerous to life. 269 11. Fouling the water of a public spring or reservoir. 277 A. Offences under the Ranbir Penal Code, Samvat 1989. 28. Assault or use of criminal force on grave provocation 358 29. Assault or use of criminal force in attempt to confine a person. 357 30. Assault or use of criminal force on grave provocation 358 31. Unlawful compulsory labour. 374 32. Theft where the value of the stolen property does not exceed one hundred rupees. 379 33. Theft of property in dwelling house etc. 380 34. Dishonest misappropriation of movable property converting it to one's own use where the property misappropriated does not exceed one hundred rupees in value. 403 35. Dishonestly receiving stolen property knowing it to be stolen where the value of such property does not exceed one hundred rupees. 411 37. Mischief by killing, poisoning, maiming or rendering useless any animal of the value of one hundred rupees. 428 38. Mischief by causing diminution of water supply for agricultural purposes, etc. 430 37. Mischief. 426 39. Criminal trespass. 447 40. House trespass. 448 41. Dishonestly breaking open receptacle 461 42. Insult intended to provoke a breach of the peace. 504 D. Offences under the Prevention of Cruelty to Animals Act E. Offences under the Public Gambling Act F. Offences under the G. Offences under this Act