Vidhi Codex

The Jammu and Kashmir Village Panchayat Act, 1958

The Jammu and Kashmir Village Panchayat Act, 1958

Infrastructure1958145 of 149 sections available9 chapters

This Act provided for village panchayats in Jammu and Kashmir. It set out how panchayats are established and constituted, members' disqualifications, the Sarpanch and Naib-Sarpanch, their suspension and removal, and the supersession of panchayats.

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Chapter I Chapter I →

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Act to over-ride other laws

Chapter II Chapter II →

  1. 4Establishment of Panchayats and their jurisdiction
  2. 5Constitution of Panchayats
  3. 6Provided further that all the members of the Panchayat shall be elected if the prescribed authority so directs by notification.
  4. 7Provided that the Government may, by notification, extend the term of office of a Panch by such period as it may deem fit.
  5. 8Disqualification for membership
  6. 9Sarpanch and Naib-Sarpanch
  7. 10Suspension and removal of Sarpanch, Naib-Sarpanch and Panches
  8. 11Filling vacancies in Panchayat
  9. 12Suspension, supersession, etc., of Panchayat
  10. 13Finality of orders
  11. 14Provided that a Panch or a Sarpanch or Naib-Sarpanch removed from a Panchayat shall have the right of appeal to such authority as the Government may prescribe.
  12. 15If a part is so included, the jurisdiction shall be reduced by that part.
  13. 16Place of sitting of Panchayat
  14. 17Provided that the Sarpanch when required to call a meeting shall do so within the time prescribed.
  15. 18Chairman of meeting
  16. 19There shall be no discussion on any point of order and decision of the Chairman on any point of order shall, save as otherwise expressly provided in this Act, be final.
  17. 20Removal of difficulty in the establishment and working of Panchayat
  18. 21Disputes between the Panchayats
  19. 22Application for questioning the elections

Chapter III Chapter III →

  1. 27Compulsory duties of the Panchayat
  2. 28Discretionary power of the Panchayat
  3. 29Cultivation of land
  4. 30Provided also that no order under this section shall be issued by the Panchayat in respect of any area of land that the Government by notification declare reserved for specific purposes.
  5. 31Improvement of sanitation
  6. 32Provision for vehicle stand
  7. 33Slaughter house
  8. 34Prevention of offences relating to weights and measures
  9. 35Power to require removal of encroachments and nuisances
  10. 36Power to make recommendation to Block Panchayat Board
  11. 37Village meetings
  12. 38Power to contract for collection of taxes and other dues from proprietors
  13. 39Joint Committee
  14. 40Delegation
  15. 41Panchayat to assist administration
  16. 42Right of individual members
  17. 43Staff
  18. 44Appointment, dismissal and leave, etc., of Secretary

Chapter IV Chapter IV →

  1. 45Incorporation of Panchayats and its property
  2. 46Vesting of common property or income in Panchayat
  3. 47Limitation of power to accepting donations and trusts
  4. 48Transfer to Panchayats of undemarcated forest and other institutions or works
  5. 49Disposal of claims
  6. 51Panchayat Fund
  7. 52Income of Panchayat Fund
  8. 53Power to borrow
  9. 54Imposition of taxes and fees
  10. 55Provided that the Government may, at any time, after giving an opportunity to the Panchayat concerned to explain, cancel or modify any tax or fee imposed under this section.
  11. 56Procedure to increase taxation
  12. 56ARegularisation of Dharat Tax
  13. 57Power of entry for the purpose of survey
  14. 58Appeal against levy of tax, rate or fee
  15. 59Recovery of taxes and other dues as arrears of land revenue
  16. 60Revision of assessment
  17. 61Realisation of taxes, custody of and accounts
  18. 62Audit of Panchayat Fund
  19. 63Annual Budget
  20. 64The budget estimates of income and expenditure shall be treated by the Panchayat as directed by the Government.

Chapter VI Chapter VI →

  1. 66Constitution of Panchayati Adalats
  2. 67Provided that the prescribed authority may direct the constitution of the Panchayati Adalat for a smaller number of such Panchayats, but the number of members thereof shall not be less than five.
  3. 68Election of Chairman of Panchayati Adalat
  4. 69Term of office
  5. 70Formation of benches of Panchayati Adalat
  6. 71Transfer of pending file to Panchayati Adalat
  7. 72Hearing by members of Panchayati Adalat
  8. 73Staff for Panchayati Adalat
  9. 74Members of Panchayati Adalat to be public servants
  10. 75Maximum penalties
  11. 76Compensation to complainant
  12. 77Compensation to accused for false or frivolous case
  13. 78Power of Government to empower particular Panchayati Adalat to inflict enhanced penalties
  14. 79Panchayati Adalat jurisdiction barred in certain cases
  15. 80Resjudicata and pending suits and cases
  16. 81Recovery of fine
  17. 82Previous acquittal, etc
  18. 83Local inquiry and reports
  19. 84Such report shall form part of the record and shall be evidence in such proceeding without calling the members of the Panchayati Adalat.
  20. 85Civil Jurisdiction
  21. 86Suits cognisable by Panchayati Adalat
  22. 87Death of Parties
  23. 88Suits to include whole claim
  24. 89Place of institution
  25. 90Interest and instalments
  26. 91Execution

Chapter VII Chapter VII →

  1. 92Suits and cases how instituted
  2. 93Substance of application to be recorded in register
  3. 94Plaintiff or complainant to attend hearing
  4. 95Limitation for suits
  5. 96Exclusive jurisdiction in suits and cases
  6. 97Arbitration by a Panchayati Adalat
  7. 98Issue of summons
  8. 99Appearance in person or by representative
  9. 100Parties must produce their own evidence
  10. 101Commissions
  11. 102Panchayati Adalat to ascertain truth and decide accordingly
  12. 103Such decree or order shall contain a brief statement of the reasons thereof.
  13. 104Adjournment
  14. 105Disposal of suits or cases in absence of parties concerned
  15. 106Compromise of suit and cases
  16. 107Provided that no oath shall be administered which is likely to affect any third person.
  17. 108Cancellation of jurisdiction
  18. 109Appeals and revisional powers
  19. 110Decrees and orders passed are not to be altered
  20. 111Power of entry
  21. 112Seal of Panchayati Adalat
  22. 114Resjudicata and pending suits and cases
  23. 115Pending cases before the Panchayati Adalat when term of office has expired
  24. 116Provided that the hearing of such suits, cases and proceedings shall commence anew before the Panchayati Adalat unless the suits, cases and proceedings were instituted before the previous Adalat.
  25. 117Bar to arrest and imprisonment in execution
  26. 118No legal practitioner to appear

Chapter VIII Chapter VIII →

  1. 119Power to make rules
  2. 120Rules
  3. 121Penalties
  4. 122Penalty for damaging Panchayat property
  5. 123Penalty for damaging plantation
  6. 124Recovery of damages
  7. 126Appeals
  8. 127Suspension of prosecution in certain cases
  9. 128Power to compound offences
  10. 129Constitution of Block Panchayat Board
  11. 130The Board may co-opt one woman member interested in the work of women and children welfare.
  12. 131Chairman of Block Panchayat Board
  13. 132Provided that during the first three years the Government may appoint any person as Chairman of a Block Panchayat Board.
  14. 133Place of sitting of Block Panchayat Board and their duration
  15. 134The quorum for a meeting shall be the same as mentioned in sub-section (1) of section 17 of this Act.

Chapter X Chapter X →

  1. 135Delegation of powers
  2. 136Inspection
  3. 137Procedure when a Panchayat fails to take action
  4. 138Prohibition of certain proceedings

Chapter XI Chapter XI →

  1. 139Sarpanch to be a public servant
  2. 140Protection to Panchayat and Block Panchayat Board
  3. 141Suits against officers and servants
  4. 142Local enquiry by Panchayati Adalat
  5. 143Liability of members
  6. 144Validity of proceedings
  7. 145Powers and duties of Police in respect of offences and assistance to panchayats
  8. 146Mode of proof of Panchayat records
  9. 147Casual vacancies to be left unfilled in certain cases
  10. 148Administration Report
  11. 149Public roads, wells, markets, tanks, etc. to be open to all
  12. 150Committee
  13. 151Power to call for information from Lambardar or Patwari
  14. 152Repeal and Savings

Some statutory text is still being prepared for this language version.

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