The Jammu and Kashmir Village Panchayat Act, 1958
Chapter X Chapter X
Chapter X Chapter X
135. Delegation of powers
Control
Delegation of powers.--The Government may, by notification, subject to such restrictions or conditions as may be considered necessary to impose, delegate all or any of its powers under this Act, other than the power to make rules, to any officer or to such authority or authorities as it may, from time to time, notify in this behalf.
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136. Inspection
Inspection.--The Government may--
- (a) cause to be inspected any immovable property owned, used or occupied by a Panchayat, a Joint Committee or a Block Panchayat Board or any work in progress under the directions of such Panchayat, Joint Committee or Block Panchayat Board;
- (b) by an order in writing call for and inspect a book or document in the possession or under the control of a Panchayat, Joint Committee or Block Panchayat Board;
- (c) by an order in writing require a Panchayat or Joint Committee or Block Panchayat Board to furnish such statements, reports or copies of documents, relating to the proceedings or duties of the Panchayat, Joint Committee or Block Panchayat Board, as it fit;
- (d) record in writing for the consideration of a Panchayat, Joint Committee or Block Panchayat Board such observations as it may think fit in regard to the proceedings of the Panchayat, Joint Committee or Block Panchayat Board;
- (e) institute any enquiry in respect of any matter concerning a Panchayat, Joint Committee or Block Panchayat Board;
- (f) suspend, supersede or dissolve any Panchayat, Joint Committee or Block Panchayat Board if in the opinion of the Government such Panchayat, Joint Committee or Block Panchayat Board has abused its powers or has persistently failed to perform the duties imposed on it or its continuance is not considered desirable. Explanation.--Suspension or supersession may be for such period as may be specified.
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137. Procedure when a Panchayat fails to take action
Procedure when a Panchayat fails to take action.-(1) If it appears to the Government that a Panchayat has made default in the performance of a duty imposed on it by or under this or any other enactment, the Government may, by order in writing fix a period for the performance of such duty.
- (2) If the duty is not performed within the period so fixed, the Government may direct such authority as it may specify to perform it and may direct that the expenses, if any, shall be paid from the Panchayat Fund and thereupon the person having the custody of the fund shall pay the amount from such fund.
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138. Prohibition of certain proceedings
Prohibition of certain proceedings.-(1) Any person prescribed by the Government or any other officer specified by the Government in this behalf may, on information received or on his own initiative, by order in writing prohibit the execution or further execution of a resolution or order passed or made under this or any other Act by a Panchayat or any officer or servant thereof if in his opinion the resolution or order is of a nature as to cause or likely to cause obstruction, annoyance or injury to the public or to any class or persons lawfully employed or danger to human life, health or safety or riot or affray and may prohibit the doing or continuance by any person of any act in pursuance or under color of such resolution or order.
- (2) Where an order is made under sub-section (1), a copy thereof with a statement of the reasons for making it, shall forthwith be sent to the Panchayat or the prescribed authority or the concerned officer to the Government who may, after calling for an explanation from the Panchayat or the officer or servant thereof and considering the explanation made by it, rescind, modify or confirm the order.
- (3) Where the execution or further execution of a resolution or order is prohibited by an order made as aforesaid and continuing to be in force, it shall be the duty of the Panchayat or any officer or servant thereof, if so required by the order, to take such action as may be necessary to prevent any person from doing or continuing to do anything in pursuance of the resolution or order.
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