Chapter XI Chapter XI

Miscellaneous

Sarpanch to be a public servant.-Every Sarpanch, Naib-Sarpanch, Panch of a Panchayat, Chairman and member of the Panchayati Adalat and the Block Panchayat Board shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Code.

Protection to Panchayat and Block Panchayat Board.-No suit or other legal proceeding shall lie against any Panchayat or Block Panchayat Board or against any member, officer or servant thereof for anything in good faith done or intended to be done in pursuance of this Act or of any rule or bye-law made thereunder.

Suits against officers and servants.-No suit shall be instituted against any officer or servant of the Panchayat or any person acting under his direction for anything done or purporting to be done under this Act until the expiration of two months next after notice in writing, stating the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims, has been delivered or left at his office or place of abode.

Local enquiry by Panchayati Adalat.-Where the District Magistrate or any other Magistrate to whom the local enquiry has been directed that the previous local investigation or enquiry be made by the Panchayati Adalat under section 202 of the Code of Criminal Procedure, 1989, the words "such other persons" in the said section shall include a member of the Panchayati Adalat.

Liability of members.-(1) Every member of a Panchayat or Block Panchayat Board shall be liable for the loss, waste or misapplication of any money or other property belonging to the Panchayat or Block Panchayat Board if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while a member of the Panchayat or Block Panchayat Board or while a member of a Joint Committee concerned.

1. (2) The liability of a member under this section shall not be affected by his ceasing to be a member and shall be enforceable in the manner prescribed.
2. (3) Any person aggrieved by an order made under this section may, within one month of the date of such order, appeal to the prescribed authority.

Validity of proceedings.-No vacancy in a Panchayat or Block Panchayat Board or Joint Committee or Panchayati Adalat and no illegality or defect in the election of any member thereof shall vitiate any act or proceeding of a Panchayat, Block Panchayat Board, Joint Committee or Panchayati Adalat, as the case may be.

Powers and duties of Police in respect of offences and assistance to panchayats.-Every police officer shall give immediate information to the Panchayat of an offence coming to his knowledge which has been committed against this Act or any rule or bye-law made thereunder and shall assist all members and servants of the Panchayat in the exercise of their lawful authority.

Mode of proof of Panchayat records.-A copy of any entry in a register or in any other document in the possession of a Panchayat or of any information or document, shall, if certified by the Secretary or other person authorised by the Sarpanch in writing in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case, where and to the same extent as the original entry or document would, if produced, have been admissible to prove such matter.

Casual vacancies to be left unfilled in certain cases.-Where a vacancy occurs on any body constituted under this Act, by reason of the death, resignation, removal or avoidance of the election of a member or other office bearer and the term of office of that member or other office bearer would in the ordinary course of events have determined within six months of the occurrence of the vacancy, the prescribed authority may direct that the vacancy be left unfilled until the next general election under this Act.

Administration Report.-(1) Every Panchayat shall submit to the prescribed authority a report on its administration for each year as soon as may be after the close of such year and not later than the prescribed date, in such form, with such details, and through such authority as may be prescribed.

1. (2) The prescribed authority shall submit to the Government a general report on the administration of Panchayat in the State during the year.

Public roads, wells, markets, tanks, etc. to be open to all.-All roads, markets, wells, tanks, reservoirs and water-ways vested in or maintained by a Panchayat shall be open to the use and enjoyment of all persons irrespective of their religion, race, caste, sex, place of birth or any of them.

Committee.-Subject to prescribed conditions, a Panchayat may establish a Sub-Committee to assist it in the discharge of any specified duty or class of duties and may delegate to such Sub-Committee such of its powers as may be necessary for the purpose of rendering such assistance.

Power to call for information from Lambardar or Patwari.-(1) The Sarpanch may, by an order in writing, require the Lambardar or Patwari, or both, of any village comprised within the jurisdiction of his Panchayat, to furnish him with information on any matter falling within such categories as may be prescribed in respect of such village or any part thereof or any person or property therein.

1. (2) The order shall specify the period within which it may be complied with but the Sarpanch may, from time to time extend such period.

Repeal and Savings.-The Jammu and Kashmir Village Panchayat Act, Svt. 2008 is hereby repealed:

Provided that-

1. (a) such repeal shall not affect the liability of any person to pay any sum due from him under the said Act or the validity or invalidity of anything already done thereunder;
2. (b) all Panchayats established under the Jammu and Kashmir Village Panchayat Act, Svt. 2008 and existing immediately before the commencement of this Act shall be deemed to have been established under this Act; and the rights and liability of any such Panchayat shall be vested in and attached to the Panchayat so deemed to have been established; and any appointment, bye-law made, issued or imposed by a Panchayat under the Act so repealed shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or imposed under the provisions of this Act, in respect of the Panchayat established under this Act unless and until superseded by any fresh notification, notice, order, permission, rule, or bye-law made, issued or imposed under this Act.