Chapter I Chapter I

Preliminary

Short title, extent and commencement.—(1) This Act may be called the Jammu and Kashmir Village Panchayat Act, 1958.

1. (2) It shall extend to the whole of the State of Jammu and Kashmir.
2. (3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint in this behalf.

Definitions.—(1) In this Act, unless there is anything repugnant in the subject or context,—

1. (a) "building" includes any shop, house, hut, outhouse, shed, stable, structure and stall whether of masonry, bricks, wood, mud, metal or any other material whatever and whether or not used for human habitation and includes a wall which is built against a public road;
2. (e) "constituency" means a ward for which a member or members is or are to be elected ;
3. (f) "election authority" means an authority appointed for the election of Sarpanch, Naib-Sarpanch or a Panch ;
4. (g) "Gazette" means the Government Gazette :
5. (h) "erect or re-erect" any building includes—
   • (i) any material alteration or enlargement of any building ;
   • (ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation ;
   • (iv) the conversion of two or more places into a greater number of such places ;
   • (v) such alteration of a building as affects its drainage or sanitary arrangements or affects its stability ;
   • (vi) the addition of any rooms, buildings, wells or other structures to any building ;
   • (vii) the construction in a wall adjoining to any street or land not belonging to the owner of the wall of a door opening on such street or land ;
6. (wii) reconstruction of a building or a portion there of by means of props, commonly known as "Pand Pand" in the Kashmir Valley.
   • (i) "public street" means any road, street, square, court, alley or passage which the public has a right to use and includes the drains or gutters and the land on the sides of the drains or gutters and the land up to the abutting property notwithstanding the projection of a verandah or other superstructure and also includes any bridge, lane, square, court, alley or passage whether or not repairable by the Government or any other local authority ;
7. (j) "public property" and "public land" includes any park or garden or other place to which for the time being the public is permitted to have access whether on payment or otherwise ;

Act to over-ride other laws.