The Jammu and Kashmir Village Panchayat Act, 1958

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.

Establishment and constitution of Panchayats

Establishment of Panchayats and their jurisdiction.—(1) The Government may, by notification in the Government Gazette, establish a Panchayat for any village or group of villages or any part thereof.

1. (3) Whereby notification under [the] jurisdiction of a Panchayat, such area shall [be] included [in the] jurisdiction of another Panchayat, such area shall [be] governed by the rules, bye-laws and regulations [of] the Panchayat concerned [and] the Panchayat shall [have] jurisdiction over [the said area].

Constitution of Panchayats.--(1) Every Panchayat shall consist of such number of Panches not less than seven and not more than eleven as the prescribed authority may, from time to time, determine.

1. (2) Such number of Panches of a Panchayat as the Government may determine shall be elected in the prescribed manner: Provided that the majority of the Panches so elected shall be from amongst the residents of the village or villages for which the Panchayat is established:

Term of office of Panches Term of office of Panches.--The term of office of every Panch shall be five years from the date of the first meeting of the Panchayat:

Qualification of electors Qualification of electors.--Every person who is for the time being entered as an elector on the electoral roll of the State Legislative Assembly for a Panchayat area who is not less than twenty-one years of his age, shall be qualified to be an elector of the Panchayat.

Disqualification for membership.--

1. (b) is in the service of the Government or a local body;
2. (h) has been dismissed from the service of the Government, a local body or a Panchayat;
   • (i) is or has been convicted of--
   • (i) any offence involving moral turpitude;
   • (ii) any offence punishable under the provisions of section 156 of the Code of Criminal Procedure, Svt. 1989.

Sarpanch and Naib-Sarpanch.--(1) Subject to the rules in this behalf, the Panchayat shall elect one of its Panches to be its Sarpanch and another as Naib-Sarpanch.

1. (2) The term of office of the Sarpanch and Naib-Sarpanch shall be the same as that of a Panch.

Suspension and removal of Sarpanch, Naib-Sarpanch and Panches.

Filling vacancies in Panchayat.

Suspension, supersession, etc., of Panchayat.--(1) If in the opinion of the Government a Panchayat is incompetent to perform or persistently makes default in the performance of duties imposed on it by or under this or any other Act or exceeds or abuses its power or should there be any other reason which in the opinion of the Government necessitates the suspension or abolition of a Panchayat, the Government may by notification suspend, or dissolve the Panchayat:

Provided that no order under this section shall be passed unless the Panchayat is called upon to show cause why such an order shall not be passed.

1. (2) When an order under sub-section
2. (1) is passed, the Government may, by order in writing, make arrangements for carrying out the work of the Panchayat for such period as it may specify but not exceeding six months.
3. (3) On the suspension, supersession or dissolution of a Panchayat, under sub-section
4. (1) the following consequences shall ensue :--
   • (a) all members of the Panchayat shall, from the date of the notification, vacate their seats;
   • (b) the funds and other property, if any, vested in the Panchayat shall be disposed of as the Government may direct;
   • (c) all civil and criminal cases pending before such Panchayat shall be disposed of by the Courts competent to take their cognizance.
5. (4) The Government may, at any time within six months, establish another Panchayat in place of any Panchayat suspended, superseded or dissolved under this section.

Finality of orders.--Any order passed under section 10 or section 12 shall be final:

Effect of change in population or inclusion of the area of a Panchayat in municipalities, etc Effect of change in population or inclusion of the area of a Panchayat in municipalities, etc.--If the whole of the area of a Panchayat is included in a Municipality, Cantonment, etc., the Panchayat shall cease and its assets shall be disposed of in the manner prescribed.

Register of voters Register of voters.--(1) The prescribed authority shall cause to be prepared a register to be known as the electoral roll in the manner prescribed, of all persons who are qualified to be voters under this Act. The electoral roll of a Panchayat shall be divided into separate parts for each ward or constituency determined by the prescribed authority: Provided that the Government may direct that the electoral roll or a separate register of voters, the electoral roll of the Parliamentary or Legislative Assembly for the time being in force for the area as the Government may by general or special order specify, in so far as it relates to any part of the constituency of the Assembly relating to such village shall be the list of voters for such Panchayat.

1. (2) The register shall be prepared and published and shall be revised at such time by such authority and in such manner as may be prescribed.

Place of sitting of Panchayat.--The place or places within the Panchayat area shall be fixed by the prescribed authority. The meetings of the Panchayat shall be public and shall be held at least once a month:

Quorum and method of decision Quorum and method of decision.--(1) The quorum for a special meeting of the Panchayat shall be one half and for an ordinary meeting one-third of the total number of members of the Panchayat: Provided, however, that the quorum for an adjourned meeting shall be one-fourth of the total number of the members of the Panchayat.

1. (2) The decision of the majority at any meeting shall be binding in all matters and when the voting is equal the Chairman shall have a second or casting vote.

Chairman of meeting.--At every meeting the Sarpanch, and in his absence the Naib-Sarpanch, and if there is no Sarpanch or Naib-Sarpanch then such Panch as the Panches present may elect, shall preside as Chairman. The Chairman shall preserve order and decide all points of order arising out of or in connection with meetings.

Records and Registers Records and Registers.--The Panchayat shall maintain summary records and registers of its proceedings in the prescribed form.

Removal of difficulty in the establishment and working of Panchayat.--If in establishing a Panchayat or on the working of a Panchayat any difficulty arises regarding the interpretation of any provision of this Act or any rules made thereunder or any matter arising out of or relating to interpretation or any matter not provided in this Act, the case shall be referred to the Government whose decision thereon shall be final and conclusive.

Disputes between the Panchayats.--If any dispute arises between two or more than two Panchayats, it shall be referred to the prescribed authority whose decision shall be final, and shall not be questioned in any court of law.

Application for questioning the elections.--(1) The election of any person as Sarpanch, Naib-Sarpanch, Panch of a Panchayat or as Chairman of Block Panchayat Board or a member of Panchayati Adalat under this Act, shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground that--

1. (a) the election has not been free on the ground that the corrupt practice has extensively prevailed at the election; or
2. (b) that the result of the election has been materially affected--
   • (i) by the improper acceptance or rejection of any nomination paper; or
   • (ii) by gross failure to comply with the provisions of this Act or the Rules framed thereunder.

1. (2) The following shall be deemed to be corrupt practices for the purpose of this Act:-- A. Bribery, that is to say, any gift, offer or promise by a candidate or by any other person with the connivance of a candidate of any gratification to any person whomsoever, with the object, directly or indirectly, of inducing--
   • (a) a person to stand or not to stand as, or to withdraw from being a candidate; or
   • (b) an elector to vote or refrain from voting at an election, or as a reward to--
     • (i) a person for having so stood or not stood, or for having withdrawn his candidature; or
     • (ii) an elector for having voted or refrained from voting. B. Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or of any other person with the connivance of the candidate with the free exercise of any electoral right: Provided that without prejudice to the generality of the provision of this clause any such person as is referred to in this clause who--
     • (i) threatens any candidate, or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or
     • (ii) induces or attempts to induce a candidate or an elector to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause.
2. (3) The application under sub-section
3. (1) may be presented by any candidate at the election or any elector within 30 days of the declaration of result, or in such other manner as may be prescribed. Explanation.--Any person who filed a nomination paper whether such nomination paper was accepted or rejected shall be deemed to be a candidate at the election.
4. (4) The authority to whom the application is made under sub-section
5. (1) shall, in the matter of--
   • (i) hearing of the application;
   • (ii) summoning and enforcing the attendance of witnesses;
   • (iii) setting aside the election;
   • (iv) declaring the applicant to be the duly elected candidate whenever such relief may be granted to the petitioner, have such powers as may be prescribed.

Administrative functions and powers

Compulsory duties of the Panchayat. Provided that nothing in this clause shall be deemed to dispute any duty or confer any power upon the Panchayat with that are made under the administrative control of a Government

1. (b) construction, maintenance in good and embankments on rivers, Nullahs, protection of all agricultural lands, erosion : Provided that the Government may direct Panchayat to repair and construct any embankment or bund or a maintenance of which vests for the time Department ;
2. (c) digging of exit channels, embankments, drains, bridges and taking of other mation for agricultural purposes, of all clod bursts or other calamities ;
3. (d) notwithstanding anything contained in regulation or rule, construction of new irrigation silt clearance, deepening, widening, w&ng condition of all the Kuhls, Nullahs other water courses as are necessary for agricultural and for the Provided that the Panchayat shall not repairs under this section in respect of any Nallah, Kuhl, spring or other water course, specifically vested in the Public Works and Government ;
4. (e) disposal of unclaimed colpses, carcases add nightsoil ;
5. (f) registration of births and deaths ;
6. (g) the cutting of any tree, hedge or public street or situated within a water flow of water : Provided that nothing in this clause shall be deemed to damage the arm or in part of any row tree without the written sanction of the Department concerned ;
7. (h) the excavation, maintenance wells, tube-wells, springs, ponds and tion of machinery for the bathing purposes ;
   • (i) regulating places for offensive matter ;
8. (j) the maintenance of the sanitary conditions of the village ;
9. (l) the provision for public latrines and arrangements to clean them, whether public or private ;
10. (m) sanitation and prevention of epidemic and to stop spread of an epidemic ;
11. (n) the execution of development schemes ; Provided that nothing in clause
12. (B) of this section shall be deemed to dispute any duty or confer any power upon the Panchayat with respect to any subject under the direct administrative control of any Department of the Government or to authorize the Panchayat to interfere with any existing rights.

Discretionary power of the Panchayat.—A Panchayat may at its discretion—

1. (a) [Clause text missing from source]
2. (b) assistance and care of crippled, destitute, blind, etc. and regulation of public festivals and other matters ;
3. (c) the promotion and encouragement of co-operation ;
4. (d) assisting in extinguishing fires and protecting life and property ;
5. (e) relief regarding safety and health ;
6. (f) [Clause text missing/illegible]
7. (g) [Clause text missing/illegible]
8. (l) supply to the cultivators and subject to such restrictions as it required chemical fertilizers, improved live for improving their economic measures to ensure that proper supplied ;
9. (m) organisation of co-operative granaries ;
10. (n) storage of manure in pits for use in the fields of any manure under proper directions that shall be notified by concerned ;
11. (o) plantation of trees including fruit village roads, embankments and other the Panchayat of embankments whose repairs Panchayat ;
12. (p) procurement of improved crops and including use of areas ;
13. (q) the maintenance of markets ;
14. (r) the maintenance of watch and ward, for assistance and for the service of such among them of Government of old debt and generally to law ;
15. (u) the experiments of crops ;
    • (v) any other measure of safety, health, comfort approval of the Government.

Cultivation of land.—Notwithstanding anything contained in any law for the time being in force, it shall be the duty of the Panchayat to develop and bring under cultivation land situated within its area and to Panchayat area remains Panchayat go bring grounds, village roads and other lands that were not open for cultivation under any law for the time being in force :

Construction of buildings Construction of buildings.—Subject to such bye laws as may be sanctioned by the prescribed authority; the Panchayat shall regulate the construction of the new buildings or the extension or alteration of any existing building within the Panchayat area. The Panchayat may order the alteration or demolition of the building which has been erected or re-erected without the sanction of the Panchayat or against the general scheme sanctioned by the Government restricting the erection or re-erection of building or any class of buildings.

Improvement of sanitation.—For the improvement of sanitation, a Panchayat may, by notice, direct the owner or occupier of any land or building taking into consideration his financial position and giving him reasonable time for compliance thereof.—

1. (a) to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain, cesspool, or other receptacle for filth, sullage water, rubbish or refuse pertaining to such land or building or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water-closet which opens on a street or drain, or to shut off such latrine, urinal or water-closet by a discreet roof and wall or fence from the view of person passing by or dwelling in the neighbourhood ;
2. (b) to cleanse, repair, cover, fill up, drain or remove from a private well, tank, reservoir, pool, pit, depression or excavation therein, which may appear to the Panchayat to be injurious to health or offensive to neighbourhood ;
3. (c) to clear off any vegetation undergrowth, prickly pear or scrub-jungle ;
4. (d) to remove any dirt, dung, night-soil, manure or any offensive matter therefrom and to cleanse the land or building : Provided that a person on whom a notice under clause
5. (b) is served may, within thirty days of the receipt of the notice, appeal to the prescribed authority against the said notice who may vary, set aside or confirm it.

Provision for vehicle stand.--(1) The Panchayat may set apart, provide and maintain public landing places, halting places and vehicle stands and may levy fee for the use of the same.

1. (2) No private person shall provide a new vehicle stand or extend an existing vehicle stand within the Panchayat area without the sanction of the Panchayat and a licence to do so.

Slaughter house.--(1) A Panchayat may provide and maintain a place for use as a public slaughter house and may levy fees for the use of the same.

1. (2) The Panchayat may prohibit the slaughter of animals at any place in the village except in a public slaughter house maintained by the Panchayat.

Prevention of offences relating to weights and measures.--(1) The Sarpanch of a Panchayat or any person authorised by it may examine and test the weights and measures in the Panchayat with a view to the prevention of offences relating to such weights and measures under the Ranbir Penal Code and shall seize any weights or measures if he has reason to believe them to be false.

1. (2) After seizure the Panchayat shall report the matter to the Magistrate having jurisdiction in the Panchayat area for taking action necessary under law.

Power to require removal of encroachments and nuisances.--A Panchayat may, by notice in writing, require--

1. (a) the owner or occupier of any building to remove any encroachment on a public way or drain;
2. (b) the owner or occupier of any land or building which includes or is attached to a cesspool, tank or place containing or used for the collection of any filth, night-soil or water which is nuisance to the public, to remove it or to do such other work as the Panchayat may deem reasonably necessary;
3. (c) the owner of any well or building which is deemed by the Panchayat to be in any way dangerous, to repair or demolish such well or building;
4. (d) the owner or occupier of any building or property to keep his building or property in a sanitary state.

Power to make recommendation to Block Panchayat Board.--A Panchayat may make recommendations to the Block Panchayat Board regarding the execution of schemes and other administrative matters.

Village meetings.

Power to contract for collection of taxes and other dues from proprietors.--A Panchayat may enter into a contract with the Government or any other local authority under this Act for the collection of taxes and other dues from proprietors on such conditions as may be agreed upon by them.

Joint Committee.--(1) Subject to such rules as may be made in this behalf, two or more Panchayats may combine to form a Joint Committee--

1. (a) to entrust to such Committee powers, with such restrictions as they may deem fit under this Act, to frame any scheme binding on each such Panchayat as to the construction and maintenance of any joint work and as to the powers which may be exercised by any such Panchayat in relation to such scheme;
2. (b) regarding disputes which, in the opinion of the Board, should be referred to it, the decision of which shall be final.

Delegation.--(1) 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.

1. (2) Two or more Panchayats may, subject to such conditions as may be prescribed, and shall, if so required by any law, rule or order made by rules, appoint the same officer or servant to discharge powers or duties of a similar nature for such Panchayats as a whole.

Panchayat to assist administration.--The Panchayat may, in accordance with rules made under section 119, call for the assistance of the officers of the Government in the performance of their duties within the Panchayat area and such assistance as may be required by the Panchayat.

Right of individual members.--A member of a Panchayat may, at any meeting, move any resolution and put question to the Sarpanch or Naib-Sarpanch on matters connected with the administration of the Panchayat in the manner prescribed.

Staff.--(1) A Panchayat may appoint such staff (other than the Secretary) as may from time to time be necessary: Provided that it shall not create any post not already provided for in the budget except with the previous approval of the prescribed authority.

1. (2) The power to appoint, punish, discharge, dismiss any officer or servant of the Panchayat other than a Secretary shall be vested in the Panchayat but the Panchayat may delegate to such official, subject to such restrictions as may be prescribed, the powers of punishment other than discharge or dismissal.
2. (3) This power shall be rendered without prejudice to the powers of the Government.
3. (4) An appeal from an order punishing an officer or servant shall lie--
   • (a) to the prescribed authority, where such order is passed by the Panchayat; and
   • (b) to the Panchayat, where such an order is passed by an officer to whom such powers have been delegated under sub-section (2).
4. (5) The prescribed authority may, subject to such rules as may be prescribed, transfer any person from the staff of one Panchayat to any other Panchayat or group of Panchayats.

Appointment, dismissal and leave, etc., of Secretary.--(1) The salary of the Secretary shall be paid out of the Panchayat Fund through such authority as may be prescribed in this behalf, who shall issue such directions including directions regarding the payment of his salary, allowance and other dues as may be prescribed. The Secretary shall be appointed by such authority as may be prescribed for every Panchayat or a group of Panchayats.

1. (2) The Secretary shall in the matter of leave, promotion, transfer, dismissal, removal and other disciplinary action, be under the administrative control of the prescribed authority which shall exercise its powers and functions in the manner prescribed: Provided that an order of the prescribed authority removing or dismissing a Secretary shall be appealable within a period and in the manner prescribed in this behalf to such authority as the Government may deem fit.

Incorporation of Panchayats and its property

Incorporation of Panchayats and its property.--(1) Every Panchayat shall be a body corporate by the name "the Panchayat of " and shall have perpetual succession and a common seal and may sue and be sued in its corporate name and shall be competent to acquire and hold property, both movable and immovable, whether within or without the limits of the area over which it has authority, to lease, sell or otherwise transfer movable or immovable property which may become vested in or be acquired by it and to contract and do all other things necessary for the purposes of this Act.

1. (2) The following shall constitute the property of a Panchayat :--
   • (a) public village roads within the Panchayat area other than those under the control of any Department of the Government ;
   • (b) property movable and immovable which has been transferred to a Panchayat by the Government, any public body or an individual ;
   • (c) buildings, slaughter-houses, manure and night soil depots, structures, machinery and water reservoirs built by a Panchayat from its own funds or from contribution by the Government, any public body or an individual ;
   • (d) all sewage, filth, bones, village cleanings, dead bodies of animals and other matter collected by the Panchayat under this Act ;
   • (e) trees (excluding royal trees) and grass growing on property belonging to the Panchayat, fruit and product thereof and windfalls thereon ;
   • (f) drains, springs, streams, Nallahs and other water courses in the Panchayat area not being the property of any person or of any public body or Government and not vesting in any person as the property of the Panchayat ;
   • (g) all public lamps or lamp posts and all apparatus connected therewith or appertaining thereto ;
   • (h) all other property which may be declared by the Government to be the property of the Panchayat.
2. (3) All property vested in the Panchayat shall vest in the Panchayat or joint committee.

Vesting of common property or income in Panchayat

Limitation of power to accepting donations and trusts

Transfer to Panchayats of undemarcated forest and other institutions or works

Disposal of claims

Panchayat Fund--Every Panchayat shall prepare and maintain Panchayat Fund which shall be administered by such authority as may be prescribed by the Government and shall be utilised for the expenditure and charges made and incurred in carrying out the purposes of this Act.

Income of Panchayat Fund--The following moneys and receipts shall be credited to the Panchayat Fund :--

1. (1) fees levied for the institution of suits and cases under section 92 ;
2. (2) fines and compensation paid to the Panchayat under this Act ;
3. (3) receipts on account of taxes, tolls and fees levied under this Act ;
4. (4) sums contributed by Government, grants-in-aid or donations of money by private persons for public utility works ;
5. (5) sanitation cess levied on the revenue paying land situated within the Panchayat area ;
6. (6) commission on collection of land revenue, if so ordered by the Government ;
7. (7) all sums ordered by a Court to be placed to the credit of the Fund ;
8. (8) the sale proceeds, except in so far as any private person is entitled to the whole or a portion thereof, of all dust, dirt, dung or refuse (including the dead bodies of animals) collected by the Panchayat servants ;
9. (9) such portion of the rent or other proceeds of nazool property or the rent of camping and other areas as the Government may deem to be paid to the credit of the Panchayat Fund ;
10. (10) all sums received by way of loan, subvention of gift ;
11. (11) income delivered from village forests, nurseries or any other property maintained by the Panchayat ;
12. (12) income from cattle pounds ;
13. (13) income from sand, bajri and stone from nallahs and quarries ;
14. (14) adda fee (if vehicle stand is maintained by a Panchayat) ; and
15. (15) all other incomes of the Panchayat and such other sums as may be assigned to the Panchayat by any general or special order of the Government.

Power to borrow--With the sanction of the Government and subject to such terms as may be prescribed, a Panchayat may borrow money from the Government, a Co-operative Bank or any other financial institution for the furtherance of the purposes of this Act.

Imposition of taxes and fees.--Subject to rules as may be made by the Government in this behalf, a Panchayat may impose one or more of the under-mentioned taxes and fees :--

1. (1) a fee subject to a maximum of rupees fifty per annum for carrying on any trade, calling or profession within the Panchayat area; Provided that in the case of a person temporarily stationed in the area of the Panchayat, a fee not exceeding one rupee per diem may be levied:
2. (2) a tax payable by the owner thereof on vehicles other than mechanically-propelled vehicles kept and plied for hire at the rate--
   • (i) in the case of animals, not exceeding three rupees per animal per annum;
   • (ii) in the case of vehicles, not exceeding six rupees per vehicle per annum;
   • (iii) in the case of tractors, not exceeding rupees ten per tractor per annum;
3. (3) fees on persons, not being persons assessed to tax under clause (1), exposing goods and animals for sale in markets or on sites under the control of the Panchayat concerned;
4. (4) fees for the use of slaughter houses and camping grounds;
5. (5) a water rate where water is supplied by the Panchayat;
6. (6) a tax not exceeding such rates as may be prescribed on building owned by persons whose annual income exceeds six hundred rupees;
7. (7) a fee for the temporary occupation of village sites, roads and other similar public places or parts thereof in the Panchayat area;
8. (8) a tax on tongas let out on hire;
9. (10) a lighting rate;
10. (11) a fee for grazing of cattle in grazing lands vesting in a Panchayat;
11. (12) dharat or terminal tax;
12. (13) pilgrim tax;
13. (14) a tax on Gharats, Rice, Husking Mills, Brick Kilns and Oil Mills;
14. (15) a tax for arranging the supply of drinking water within the Panchayat areas;
15. (16) a fee on cattle pounds;
16. (17) a fee on extraction of sand, bajri and stone from nallahs and quarries;
17. (18) a fee on Tonga/Bus stands; provided that such stands are maintained by the Panchayat;
18. (19) a tax on hawkers and Pheriwalas; and
19. (20) such other tax or fee as may be approved by the Government;

Procedure in imposing taxes Procedure in imposing taxes.--(1) A Panchayat may at a special meeting pass a resolution proposing the imposition of any tax or fee under Section 54.

1. (2) When such a resolution has been passed, the Panchayat shall publish a notice in the Gazette and display it in a conspicuous place or places in the Panchayat area defining the class of person or description of property proposed to be taxed, the amount or rate of the tax or fee to be imposed and the system of assessment to be adopted.
2. (3) Any inhabitant objecting to the proposed tax or fee may, within thirty days from the publication of the said notice, submit his objection in writing to the Panchayat and the Panchayat shall at a special meeting take his objection into consideration.
3. (4) If the Panchayat decides to amend its proposals or any of them, it shall publish its amended proposals together with a notice indicating that they are in modification of those previously published for objections.
4. (5) If no objection to the proposed tax is received within the said period of thirty days or all such objections as received as aforesaid are deemed insufficient, the Panchayat shall submit its proposals for the imposition of taxes or fees as the case may be and on the approval of such sanctioned taxes and fees to the prescribed authority publish the same in the Government Gazette and shall display it in conspicuous places in the Panchayat area specifying the date from which the taxes and fees so imposed shall come into force.
5. (7) A notification in the Gazette of the imposition of tax under this Act shall be conclusive evidence that the tax has been imposed in accordance with the provisions of this Act.

Power of the Government to increase taxation of Panchayat.--If in the opinion of the Government the income of a Panchayat is not sufficient to meet the expenditure and no tax is levied or enhanced by the Panchayat under Section 54, the Government may direct the Panchayat to increase its taxation in such manner as the Government may deem necessary.

A. Regularisation of Dharat Tax.--Notwithstanding anything contained in this Act, the Dharat Tax already levied by the Panchayats of Chenani and Kud in District Udhampur at Tehsil Udhampur, respectively, shall be deemed to have been levied under the provisions of this Act.

Power of entry for the purpose of survey.--A Panchayat may authorise any person--

1. (a) after giving twenty-four hours notice to the occupier, or to the owner of any building or land, at any time between sunrise and sunset, to enter, inspect and measure any building or land for inspection;
2. (b) to enter and inspect any stable, coach house or other place or building.

Appeal against levy of tax, rate or fee.--(1) An appeal against the levy of a tax, rate or fee by the Panchayat shall lie to the prescribed authority.

Recovery of taxes and other dues as arrears of land revenue.--Subject to such directions as may be made by the Government in this behalf, all the taxes or fees levied under Sections 54 and 55 by the Panchayat and the moneys recoverable under section 143 shall be recoverable as if they were arrears of land revenue.

Revision of assessment.--Any person dissatisfied with the assessment made under this Chapter may, within such time as may be prescribed, apply to the prescribed authority in writing for a revision of the assessment and the authority may amend or confirm the same.

Realisation of taxes, custody of and accounts.--The Panchayat shall, as prescribed, arrange for the realisation of Panchayat taxes and dues, custody of its funds and maintenance of accounts.

Audit of Panchayat Fund.--The accounts of every Panchayat shall be audited every year in the manner prescribed.

Annual Budget.--(1) Every Panchayat shall prepare and lay before a meeting of voters budget estimates of its income and expenditure for the next year. The plans for the next year shall be forwarded to the prescribed authority within three days after its sanction under sub-section (1).

Exemption from taxation Exemption from taxation.--Subject to such rules as may be made by the Government, the Panchayat may exempt any person or class of persons from the payment of any tax or fee.

Judicial functions of the Panchayati Adalat

Constitution of Panchayati Adalats.--(1) For the trial of criminal and civil justice there shall be constituted by the Government, by notification in the Government Gazette, a Panchayati Adalat for such number of Panchayats (hereinafter in this Act referred to as 'Panchayat Circle') not being less than five, as the prescribed authority may direct:

Composition of Panchayati Adalats Composition of Panchayati Adalats.--(1) Every Panchayati Adalat shall be composed of a panel of members equal in number to the number of Panchayats for which it is constituted.

1. (2) Subject to the provisions of sub-section (3), every Panchayat shall elect in the prescribed manner one member to the Panchayati Adalat constituted for its Panchayat from amongst its own members: Provided that in respect of a Panchayati Adalat constituted for a smaller number of Panchayats the members thereof shall be elected in such manner as may be prescribed.
2. (3) No person shall be qualified for being elected as, or for continuing to be a member of a Panchayati Adalat--
   • (i) if he is below twenty-five years of age; or
   • (ii) if he is not literate; or
   • (iii) if he is or becomes subject to any of the disqualifications mentioned in section 8; or
   • (iv) if he is a Sarpanch, Naib-Sarpanch or Panch of a Panchayat or the member of any House of the State Legislature or Parliament: Provided that a person holding any of the offices mentioned in clause
   • (iv) shall be eligible for election and for continuing to be member of the Panchayati Adalat if he resigns such office.
3. (4) If, a member of a Panchayati Adalat is, subsequent to his election as such elected to any such office as is referred to in clause
   • (iv) of sub-section (3), he shall forthwith cease to be such member.
4. (5) The provisions of sections 6, 10, 11(1), 12, 23 and 24 shall apply mutatis mutandis to a Panchayati Adalat or its members in the same manner as they apply to a Panchayat or Panches thereof.

Election of Chairman of Panchayati Adalat.--The members of a Panchayati Adalat shall elect, with one month from the date of the administration of oath, 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 in accordance with the provisions of this section the prescribed authority shall nominate one from amongst the members to fill the vacancy till the election of a duly elected Chairman of such Adalat during this period.

Term of office.--The term of office of the Chairman of the Panchayati Adalat shall be the same as that of a Panch.

Formation of benches of Panchayati Adalat.--(1) Subject to the provisions of the rules made under sub-section

1. (2) of this section, the Chairman of a Panchayati Adalat shall, for the hearing and disposal of suits and cases coming up before such Panchayati Adalat under and in pursuance of the provisions of this Chapter, form benches, each bench to consist of any three members whether or not inclusive of the Chairman himself.
2. (2) The formation of benches under sub-section (1), the hearing of proceedings, the place at which the Panchayati Adalat shall sit, the time and mode of the disposal of such business, the matter allowed and other matters which the Government may consider necessary shall be governed by rules made in this behalf by the Government.

Transfer of pending file to Panchayati Adalat.--Any case pending before a Panchayati Adalat on the date on which it is constituted under the Jammu and Kashmir Village Panchayat (Amendment) Act, 1973 shall stand transferred to the Adalat so constituted.

Hearing by members of Panchayati Adalat.--(1) Except as otherwise provided in this Act, the Panchayati Adalat shall hear or dispose of suits and cases in the Panchayat Circle of the Panchayat which is concerned.

1. (2) No member of a Panchayati Adalat who is personally interested in any suit or cases, shall hear or dispose of the same.
2. (3) The trial of a suit or case by a bench of a Panchayati Adalat shall not be invalid by reason merely that some of the members were not present at any hearing thereof.

Staff for Panchayati Adalat.--(1) The Panchayati Adalat may, with the approval of the prescribed authority, employ under prescribed conditions of service such staff as may be necessary.

1. (2) With the like approval and with the consent of the Panchayat concerned, the Chairman of a Panchayati Adalat may direct the Secretary of the Panchayat within the limits of which the Panchayati Adalat or a bench thereof sits, or such other person as may be specified in the direction as Judicial Clerk, for recording the proceedings and decisions and for performing such other duties as may be specified.

Members of Panchayati Adalat to be public servants.--(1) Every member including the Chairman and Judicial Clerk of a Panchayati Adalat shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Code.

1. (2) The provisions of the Judicial Officers Protection Act shall apply to every Panchayati Adalat and to every member thereof while acting judicially.

Maximum penalties.--(1) A Panchayati Adalat shall have jurisdiction to impose a fine not exceeding one hundred rupees.

1. (2) The Panchayati Adalat may, instead of passing sentence, discharge after due admonition any person who, in its opinion, was on the date of the commission of the offence under fifteen years of age.

Compensation to complainant.

Compensation to accused for false or frivolous case.

Power of Government to empower particular Panchayati Adalat to inflict enhanced penalties.

Panchayati Adalat jurisdiction barred in certain cases.

Resjudicata and pending suits and cases.

Recovery of fine.--If any fine imposed or compensation paid by a Panchayati Adalat remains unpaid for fifteen days, the Panchayati Adalat shall certify the fact of non-payment to the Court having jurisdiction, who shall proceed to recover it as if it were a fine imposed by himself.

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

Local inquiry and reports.--

1. (1) A Panchayati Adalat may be directed by a Magistrate to make a local inquiry under section 202 of the Code of Criminal Procedure, 1989, in any case in which the offence was committed within the local limits of the jurisdiction of such Panchayati Adalat.
2. (2) Any Magistrate before whom a proceeding under the said Code is pending may require a husband or parent against whom the proceeding is pending, residing, to submit a report as to the amount of maintenance, if any, having regard to the circumstances of the case, which should be payable.

Summary dismissal of complaint Summary dismissal of complaint.--A Panchayati Adalat may dismiss any complaint if after examining the complainant and such evidence as he produces, it is satisfied that the complaint is frivolous, vexatious or untrue.

Civil Jurisdiction.--The Panchayati Adalat shall have jurisdiction in suits of the nature described in section 86.

Suits cognisable by Panchayati Adalat.--

1. (1) The following shall be cognizable by a Panchayati Adalat, namely:
   • (i) suits for ascertained sums not exceeding two hundred rupees;
   • (ii) suits for damages not exceeding two hundred rupees for breach of contract not affecting immovable property;
   • (iii) suits for compensation for wrongly taking or injuring movable property not exceeding two hundred and fifty rupees;
   • (iv) suits for specific movable property or for the value thereof not exceeding two hundred and fifty rupees: Provided that no Panchayati Adalat shall take cognizance of any suit--
   • (a) by or against a minor or a person of unsound mind;
   • (b) by or against the Chairman or any member of the same Panchayati Adalat or the Sarpanch or any Panch of the Panchayat Circle lying within the same Panchayati Adalat Circle;
   • (c) in respect of any dispute or matter in which a suit or application may be brought or made before a Revenue Officer;
   • (d) in respect of any matter directly and substantially in issue in a previously instituted suit between the same parties or those under whom they claim, which is pending in or has been heard and finally decided by a Court of competent jurisdiction or by a panchayati Adalst; and
   • (e) by or against the Government or a Co-operative Society or any employee of the local authority or an officer or servant of the Government or a member, officer or servant of a local authority in his official capacity.
2. (2) The Government may, by notification in the Government Gazette, confer on any Panchayati Adalat the jurisdiction to hear and dispose of suits of the nature specified in sub-section
3. (1) of which the amount or value does not exceed five hundred rupees.

Death of Parties.--When any party to suit dies before a decree has been passed, the suit shall abate, if not restored within one month on the application of the representative of a deceased plaintiff or in the case of death of a defendant, if the representative of the deceased defendant is not brought on record within one month from the date of the death but a fresh suit may be brought on the same cause of action and the pesod during which the suit was pending shall be excluded in computing the period of limitation provided under section 95 for the fresh suit.

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.

1. (2) If a plaintiff omits to sue in respect of or intentionally relinquishes any portion of his claim he shall be debarred from bringing any separate action whether before a Panchayati Adalat or a Court of competent jurisdiction in respect of the portion so omitted or relinquished.

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

Interest and instalments.--

1. (1) In suits for money, the Panchayati Adalat may, in its discretion, decree interest on the sum decreed at a rate not exceeding ten per cent per annum from the date of suit till the date of the payment.
2. (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. (1) A decree or order passed by a Panchayati Adalat shall be executed by it in such manner as may be prescribed.
2. (2) If a Panchayati Adalat fails to execute any decree or order, it may forward the same in the case of a decree to the Munsiff having jurisdiction, and where there is no Munsiff, to the Sub-Judge or Magistrate having jurisdiction, who shall execute the decree or order as if it were a decree or order passed by himself.

Institution of suits and cases and procedure of Panchayats

Suits and cases how instituted--Suit or a case under this Act, before a Panchayati Adalat shall be instituted by making an application orally or in writing to the Sarpanch or any member and shall at the same time pay the prescribed fee.

Substance of application to be recorded in register.--When an application under section 92 is made orally the substance thereof will be recorded without delay in the prescribed register and the signature or thumb impression of the applicant shall be obtained and the register shall be signed by the Chairman or in his absence by any member who may be present.

Plaintiff or complainant to attend hearing.--The plaintiff or complainant or his agent shall attend the meeting of the Panchayati Adalat at the time and place fixed.

Limitation for suits.--Every suit instituted in a Panchayati Adalat after the period of limitation prescribed therefor in the Schedule shall be dismissed, even though limitation has not been set up as a defence.

Exclusive jurisdiction in suits and cases.--No Court shall take cognizance of any suit or case which is cognizable under this Act by a Panchayati Adalat unless a reference has been made to it under this Act.

Arbitration by a Panchayati Adalat.--Notwithstanding anything contained in this Act, a suit not exceeding one thousand rupees or the total value of which does not exceed rupees one thousand if the parties mutually agree in writing to be filed before the Panchayati Adalat they will abide by the decision in arbitration of the Panchayati Adalat in such suit.

Issue of summons.--

1. (1) The Panchayati Adalat may, for reasons to be recorded after hearing the application and examining the plaintiff or complainant, dismiss the suit or complaint.
2. (2) Unless the suit or complaint be so dismissed, the Panchayati Adalat shall, by summons or otherwise, make the defendant or accused to attend and produce his evidence at such time and place as may be stated in the summons, and shall, at the same time, direct the plaintiff or comedian to attend and produce his evidence at such time and place.
3. (3) If any defendant or accused person resides outside the Panchayati Adalat Circle or if a defendant or accused person is, at the time of the issue of the summons, outside such Circle, the summons may be forwarded by the Panchayati Adalat to the Munsiff or if there is no Munsiff to the Sub-Judge or Magistrate concerned who shall cause it to be served as if it were a summons from his own Court.

Appearance in person or by representative.—(1) The parties to a case triable by a Panchayati Adalat shall appear in person before such Panchayati Adalat; provided that the Panchayati Adalat may, for reasons to be recorded in writing, dispense with the personal attendance of the complainant or the accused and permit him to appear by agent, and shall also dispense with such personal attendance if the accused is a person exempt from personal attendance in Court: Provided that if the Panchayati Adalat is satisfied that the complainant or the accused is a Pardah Nashin lady, it shall, if a request is made to that effect, dispense with the personal attendance of such Pardah Nashin lady before the Panchayati Adalat.

Parties must produce their own evidence.—(1) The parties shall produce their own evidence and the Panchayati Adalat may, by summons, or otherwise, summon any person to give evidence or to produce or cause to be produced any document and every person shall be bound to comply with the summons.

1. (2) The Panchayati Adalat may, for reasons to be recorded, refuse to summon a witness if in the opinion of the Panchayati Adalat, the attendance of such witness cannot be procured without such an amount of delay, expense or inconvenience as would be unreasonable.
2. (3) The Panchayati Adalat shall not require any person living beyond its jurisdiction to give evidence or to produce a document unless such a sum of money has been deposited as appears to the Panchayati Adalat to be sufficient to defray his reasonable expenses.
3. (4) If any person, whom the Panchayati Adalat summons in order to appear or to give evidence or to produce any document, wilfully fails to obey such summons, the Panchayati Adalat may take cognizance of disobedience, and, after giving such person an opportunity to explain, may, if found guilty, punish him on the first occasion with a fine not exceeding ten rupees and on a second occasion in regard to the same suit or case with a fine of twenty rupees and when such disobedience is a continuing one, with a fine of one rupees for each day of the continuance of such disobedience.
4. (5) No Panchayati Adalat shall compel any person to disclose any communication, which such person is not legally compelled to disclose under the provisions of the Evidence Act, 1977.

Commissions.—(1) Notwithstanding anything contained in section 100, no person who belongs to the female sex and who is exempt from personal appearance in a Civil Court under the Code of Civil Procedure, 1977 shall be compelled to appear in person before a Panchayati Adalat for the purpose of giving evidence.

1. (2) Any such person may be examined on commission in such manner as may be prescribed.

Panchayati Adalat to ascertain truth and decide accordingly.—(1) The provisions of the Code of Civil Procedure, 1977, the Code of Criminal Procedure, 1989, the Evidence Act, 1977, and the Fees Act, 1977, shall not apply to any proceedings before a Panchayati Adalat save as provided in this Act or as may be prescribed.

1. (2) Subject to the provisions of this Act, the Panchayati Adalat shall ascertain the facts of every suit or case before it and shall do substantial justice between the parties and in so doing the Panchayati Adalat shall not be bound by any rule of evidence except as laid down in section 100 on the basis of any rule of evidence but shall be free to ascertain the truth by every lawful means and therefore make such decree or order as it may deem just.

Power to determine parties Power to determine parties.—(1) The Panchayati Adalat may add as parties to a suit any person whose presence as parties to a suit it considers necessary for a proper decision of the dispute, of which the suit shall be tried: Provided that when any party is added, notice shall be given to him and he shall be given an opportunity of appearing before the trial of suit is proceeded with.

1. (2) In all cases where a new party appears under the proviso to sub-section
2. (1) during the trial of a suit, he may require that the trial shall be de novo.
3. (3) If the plaintiff or defendant in any suit dies before it has been finally decided and the right to sue still survives, the suit shall be continued at the instance of or against the legal representatives of the plaintiff or deceased defendant, as the case may be; provided that an application in this behalf has been presented to the Panchayati Adalat within thirty days of the death or within such further period as the Panchayati Adalat may for sufficient cause allow.

Adjournment.—It shall be the duty of the Panchayati Adalat to dispose of a suit or case as early as possible and adjournment shall be granted only when absolutely necessary.

Disposal of suits or cases in absence of party concerned.—(1) If the plaintiff or complainant fails to appear after having been informed of the time and place fixed for hearing, the Panchayati Adalat may dismiss the suit or case.

1. (2) The Panchayati Adalat may hear and decide a suit or case in the absence of the defendant or the accused if they have been informed of the time and place for hearing: Provided that no sentence shall be passed against an accused person unless he has been given an opportunity to be heard.
2. (3) If the plaintiff does not appear and the defendant fails to appear and an ex-parte order is passed, such plaintiff or defendant may, within a month of the date of such order or decree, make an application to the Panchayati Adalat for the revival of the suit after setting aside the order of dismissal or the ex-parte order, as the case may be, and the Panchayati Adalat may grant the application and restore the suit or case: provided the applicant satisfies the Panchayati Adalat that he was prevented by sufficient cause from appearing.

Compromise.—(1) If the Panchayati Adalat is satisfied that a suit or case has been adjusted wholly or in part by any lawful compromise or oath, the Panchayati Adalat shall record such compromise or oath and decide in accordance therewith:

Reference to the competent regular court Reference by Panchayati Adalat to District Court or Sessions Court.—Where the Panchayati Adalat having jurisdiction is of the opinion that the suit or case is of such a nature or of such intricacy or importance that it ought to be tried by a regular Court, the Panchayati Adalat shall refer the suit or case to the nearest regular Court having jurisdiction.

Cancellation of jurisdiction.—(1) The Munsiff or the Sub-Judge having jurisdiction over an Adalati Circle may, for sufficient cause, on his own motion or on application, cancel the jurisdiction of a Panchayati Adalat with respect to a suit or case pending before it at any stage.

1. (2) Where an order has been passed under sub-section
2. (1) in respect of any suit or case; the same may be instituted in a Court of competent jurisdiction other than the Panchayati Adalat for trial.

Appeals and revisional powers.

1. (1) Save as otherwise provided in this Act, no appeal shall lie from any decree or order passed by a Panchayati Adalat in any suit or case.
2. (2) On an application made within 60 days from the date of the decree or order in any suit or case tried by a Panchayati Adalat or on his own motion--
   • (a) the District Judge, having jurisdiction over an Adalati Circle in relation to any such suit, and
   • (b) the Sessions Judge, having jurisdiction over an Adalati Circle, in relation to any such case, may call for and examine the record or proceedings of the Panchayati Adalat for the purpose of satisfying himself as to the legality or propriety of any decree or order or sentence passed or as to the regularity of the proceedings of such Panchayati Adalat.
3. (3) If it appears to the District Judge or the Sessions Judge, as the case may be, that any decree, order or sentence passed by any Panchayati Adalat should be modified, cancelled or reversed, he may pass such order as he thinks just.
4. (4) All appeals pending before any Court of competent jurisdiction at the commencement of the Jammu and Kashmir Village Panchayat (Amendment) Act, 1973, shall be disposed of as such by the District Judge or Session Judge in accordance with law under which it was instituted and he may confirm, reverse or modify the decision or order appealed from.
5. (5) The order of the District Judge or Sessions Judge, as the case may be, under sub-section
6. (3) or
7. (4) shall be final.

Decrees and orders passed are not to be altered Subject to the provisions of this Act, a Panchayati Adalat shall have no power to cancel, revise or alter any decree, judgment or order passed by it: Provided that clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Panchayati Adalat either on its own motion or on the application of any of the parties.

Power of entry A Panchayati Adalat or any member thereof duly authorised in this behalf may, for ascertaining facts conducive to the proper disposal of a suit or case, enter into any building or land after giving twenty-four hours notice to the owner or if there is no owner, to the occupier of the building or land and in case of land is in occupation of persons who according to the custom of the country are to be kept, at any time between sunrise and sunset.

Seal of Panchayati Adalat The Panchayati Adalat shall have a seal bearing its name, the seal shall be used for authenticating all decrees, orders or copies issued by it.

Resjudicata and pending suits and cases

1. (1) No Panchayati Adalat shall try any suit or issue in respect of a matter which has been heard and decided in, or has been heard and decided by a Court of competent jurisdiction to a previously instituted suit between the same parties or those under whom they claim.
2. (2) Where proceedings are pending in any Court against any person in respect of any offence or where an offender has been tried for any offence, no Panchayati Adalat shall take cognizance of such offence or on the same facts or any other offence of which the accused might have been charged or convicted.

Pending cases before the Panchayati Adalat when term of office has expired A Panchayati Adalat newly constituted shall hear and dispose of suits, cases and proceedings pending before the outgoing Panchayati Adalat on the expiry of such term:

Contempt of Panchayati Adalat Contempt of Panchayati Adalat

1. (1) If any person intentionally offers any insult to a Panchayati Adalat or any member thereof while sitting in any stage of judicial proceedings in its or his view or presence or refuses to take oath duly administered or sign a statement when legally required to do so, the Panchayati Adalat may, at any time before rising on the same day, take cognizance of the offence and punish the offender to a fine not exceeding ten rupees.
2. (2) The fine imposed under sub-section
3. (1) shall, for the purposes of section 81, be deemed to be fine imposed in a criminal case.

Bar to arrest and imprisonment in execution No person shall be arrested or imprisoned in execution of a decree under the provisions of this Act.

No legal practitioner to appear No legal practitioner shall be allowed to appear on behalf of any party in any proceedings before a Panchayati Adalat.

Rules, Bye-laws and Penalties

Power to make rules.--(1) The Government may, after previous publication, make rules consistent with this Act for carrying out the purposes of this Act: Provided that the breach of any such rules shall be punishable with a fine which may extend to twenty-five rupees.

1. (2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules--:
   • (i) with reference to all matters in respect of which rules are expressly required or allowed by this Act to be made or prescribed ;
   • (ii) regulating the establishment, constitution, session, suspension or dissolution of a Panchayat ;
   • (iii) regulating the registration of electors, nomination of candidates, time of election, mode of recording votes, method of sealing disputes and questions arising out of elections and penalty to be imposed on candidates for adopting corrupt practices in elections ;
   • (iv) regulating the procedure to be followed under section 8 and fixation of the period or disqualification thereunder ;
   • (v) regulating the filling of casual vacancies ;
   • (vi) regulating the appointment, terms of office, suspension and removal of a Sarpanch and Naib-Sarpanch ;
   • (vii) regulating the functions and powers of the Sarpanch and a Naib-Sarpanch ;
   • (viii) regulating the exercise by a Panchayat of any of its powers under this Act and in particular its power to sue and to acquire, hold, lease, exchange or transfer property and to enter into contract ;
   • (ix) regulating the assessment and collection of rate and taxes, against assessment and collection of rates and the custody and proper maintenance of the Panchayat fund ;
   • (x) regarding the appointment of the officers and servants of a Panchayat and their salary and regarding the allowances that may be paid to a Panchayat member ;
   • (xi) regarding the conduct and distribution of business and procedure of a Panchayati Adalat and any other matter for the conduct of business before a Panchayati Adalat ;
   • (xii) regarding the power to require assistance from Chowkidars ;
   • (xiii) regarding the fees payable under this Act ;
   • (xiv) regarding the procedure to be followed under sections 32, 33, 34 and 35 ;
   • (xv) regarding the proceeding to be followed regarding budget and earmarking funds for specified purposes ;
   • (xvi) regarding powers of auditors, inspection authorities hold enquiries, summoning and enforcing the production of documents and all other matters of inspection and superintendence ;
   • (xvii) regarding channel of correspondence between the authorities ; (xviii) regarding the action to be taken on inclusion of a Panchayat area in any Municipality, Town Area or Cantonment and the manner in which the assets of the Panchayat may be disposed of in such cases ;
   • (xix) regarding the disposal of assets and liabilities on its abolition ;
   • (xx) regarding the establishment of Committee and of all matters relating to the constitution and procedure of the board ;
   • (xxi) regarding the method and time of taxation and the procedure of recovery and immunity ;
   • (xxii) regarding the procedure to be followed under sections 117 and 118 ; (xxiii) regarding the establishment and constitution of Block Panchayat Board, session and abolition of the board ;
   • (xxv) as to the preparation of plans, estimates for works and the powers of Panchayat and of officers of the Government to accord professional or administrative sanction to estimates ;
   • (xxvi) as to the imposition and recovery and conviction in the matter of encroachment of public roads or other land vesting in or belonging to Panchayats and the assessment and recovery of compensation for any damageby such occupation ; (xxvii) as to appeals against orders (including orders granting or refusing licences or permissions) passed under this Act, and the time within which whether allowed by this Act or by rules or otherwise should be preferred ; (xxviii) as to the mode of publication of forms of notice to the public under this Act ;
   • (xxix) as to the organisation of a Village Volunteer Force for watch and ward and their duties and powers ;
   • (xxx) as to the taking of oath by Sarpanch, Naib-Sarpanch, members of Panchayats, Chairman and members of Block Panchayat Board.
   • (xxxi) appointment, qualification, supersession, dismissal, discharge, removal of or any punishment and matters relating to the service, leave, transfer, pay and allowances of the servants of a Panchayat and the amount and nature of security to be furnished by a servant ; (xxxii) as to the management and regulation of Provident Fund for the servants of a Panchayat, if system of Provident Fund is adopted by a Panchayat with the sanction of the Government.
2. (2) In addition to all these, rules may provide that any person who commits a breach thereof shall be liable to pay by way of penalty such sum as may be fixed by the Panchayat not exceeding fifteen rupees, or in case of a continuing breach, not exceeding two rupees for every day during which the breach continues after the first breach for which a penalty has been levied.
3. (3) The Government shall have power to make rules regarding the procedure to be followed in making them and the date from which they come into force.

Rules.--(1) The Government may make rules consistent with this Act for all or any of the following purposes, namely:

1. (a) regulate the collection, removal and disposal of manure and street sweepings :
2. (b) prohibit the use of the water of wells, ponds or other excavations suspected to be dangerous to the public health :
3. (c) regulate or prohibit the watering of cattle or bathing or washing at or near wells, ponds or other excavations reserved drinking water :
4. (d) regulate or prohibit the steeping of trees or of a plant or trees in or near ponds or other excavations and twenty yards of the residential area of a village ; ( ) verification of deaths and causes of deaths ; ( ) within the limits of the Panchayat ;
5. (p) protection against fire :
6. (q) the disposal of corpse by burning or burial :
7. (r) the cleaning of any filthy building or land ; and the cleaning of any building not fit for human habitation ; the regulation of slaughter houses ; and ( ) the holding of fairs and industrial exhibitions within the Panchayat area or under the control of the Panchayat.

Penalties.--Whoever does or abets the doing of any act in contravention of any of the provisions of section [x x x] 35 or any bye-law or licence issued thereunder or contravenes any other provisions of this Act for which no specific penalty has been provided, shall be punishable by the Panchayati Adalat with fine which may extend to rupees fifty and when the breach is a continuing one further fine which may extend to Rs. 2 for every day after the first conviction during which an offender is proved to have persisted in the offence.

Penalty for damaging Panchayat property.--Whoever removes, displaces wilfully, damages or causes damage through negligence to--

1. (a) embankments or bands constructed by the Panchayat ;
2. (b) any road, pavement, gutter, drain, bridge, or other material of a public street ;
3. (c) any fence, wall or post, lamp post, well, bath room, latrine, radio set, machinery, water pump, water reservoir, hand pump, belonging to the Panchayat ;
4. (d) any other property of the Panchayat ; shall be punishable by the Panchayati Adalat with fine which may extend to two hundred rupees : Provided that no fine shall be imposed if the person or persons concerned have written sanction of the Panchayat or of the prescribed authority to remove or displace any such property of the Panchayat or to do any act in exercise of any right granted by grant or contract sanctioned by Panchayat or such authority.

Penalty for damaging plantation.--(1) Whoever--

1. (a) sets fire to a Panchayat plantation or any part thereof or kindles any fire or keeps any fire burning in such manner as to endanger such plantation ;
2. (b) [E] causes any damage by negligence in felling any tree or cutting or removing any tree ;
3. (c) [c] in such plantation or part thereof, without permission of the prescribed authority, trespasses cattle or damages the same ;
4. (d) fells, girdles, lops or burns any tree or strips off the bark or leaves from or otherwise damages the same ;
5. (e) in such plantation or part thereof, without permission of the prescribed authority, trespasses cattle or damages the same ; shall be punishable by the Panchayati Adalat with fine which may extend to Rs. 15.

1. (2) Nothing in this section shall be deemed to prohibit--
   • (a) any act done by permission in writing of the prescribed authority, or in accordance with the orders of the prescribed authority ;
   • (b) the exercise of any right created by grant or concession made on behalf of the prescribed authority.

Recovery of damages.--If in any case not provided for in section 125, a person has incurred a debt or has caused damage to the property of the Panchayat, he shall be liable to make good such damage or debt. The amount of the damages may be recovered as arrears of land revenue. If the Panchayat directs such person to perform any work, he shall do so within such time as may be specified in the notice, the Panchayat may cause work to be done and may recover all expenses incurred in carrying out such work from the said person in the prescribed manner.

1. (2) Any person who fails to comply with the direction issued under sub-section (1), on conviction by the Panchayati Adalat shall be punishable with fine which may extend to five rupees and in case of a continuing breach, with a further fine which may extend to one rupee for every day after the first during which the breach continues.
2. (3) No notice shall be invalid on account of any defect or omission in its form.

Appeals.--(1) Any person aggrieved by an order or direction made under sections 121, 122, 123, 124 and 125 of this Act or byelaw may, unless otherwise prescribed, within thirty days of the date of such direction or order, exclusive of the time requisite for obtaining a copy thereof, appeal to such authority as the Government may appoint in this behalf who may vary, set aside or confirm the said order or direction and may also award costs to or against the person filing the appeal.

1. (2) The authority authorised by the Government under sub-section
2. (1) may, if he thinks fit, extend the period allowed by sub-section
3. (1) for appeal.
4. (3) The decision of the authority authorised by the Government under sub-section
5. (1) shall be final and shall not be questioned in any court of law.

Suspension of prosecution in certain cases.--When an appeal has been filed against an order or direction under section 126, any proceeding to enforce such order or direction and any prosecution for the breach thereof may, by order of the authority authorised by the Government under section 126, be suspended pending the decision of the appeal and if such order or direction is set aside on appeal, disobedience thereof shall not be deemed to be an offence.

Power to compound offences.--(1) Subject to any rules made in this behalf, a Panchayati Adalat may, either before or after the institution of any case, compound an offence under this Act or any rule or bye-law made thereunder on payment of such sum in cash to the Panchayat as may be prescribed.

1. (2) When an offence has been compounded, the offender shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.
2. (3) Nothing in this section shall entitle any party to compound any offence which is not compoundable under the provisions of the Code of Criminal Procedure, 1989.

Constitution of Block Panchayat Board.--(1) There shall be constituted a Block Panchayat Board of such number of Panchayats as the Government may determine.

1. (2) Every Block Panchayat Board shall consist of one representative from each Panchayat area in the Block and such persons as may be nominated by the Government from time to time.

Term of office of members of Block Panchayat Board Term of office of members of Block Panchayat Board.--(1) The term of office of a member of the Block Panchayat Board shall be the same as the term of the Panchayat he represents: Provided that a person shall cease to be a member if the Panchayat he represents recalls him or if he becomes subject to any disqualification mentioned in section 8 of this Act for the membership of the Panchayat.

1. (2) When a person is recalled or otherwise vacates the office of the Board, another person shall forthwith be elected by the Panchayat to replace him.

Chairman of Block Panchayat Board.--The Block Panchayat Board shall annually elect from amongst themselves a person who is able to read and write to act as Chairman:

Advisory Functions of Panchayat Board Advisory Functions of Panchayat Board.--The following shall be the functions of the Board:--

1. (1) to advise on the development of the Block in respect of--
   • (a) improvement of communications:
   • (b) improvement of irrigation facilities;
   • (c) opening and locating of Government Ayurvedic hospitals;
   • (d) opening and location of new Veterinary dispensaries;
   • (e) granting of stud bulls for improvement of the breeds of cattle;
   • (f) opening and location of dairy farms, poultry and piggery centres;
   • (g) procurement for distribution within the Block of improved seeds, chemical fertilizers, improved agricultural implements and other material calculated to improve the agricultural produce and for the purpose;
     • (i) opening and location of new schools;
   • (k) medical relief, sanitation and public health;
   • (l) construction and repair of roads;
   • (m) collection and maintenance of statistics;
   • (n) execution of all special schemes of development;
   • (o) supply of drinking water; and
   • (p) any other allied matter.

Place of sitting of Block Panchayat Board and their duration.--The Block Panchayat Board shall sit at such place or places within the limits of its jurisdiction as may be fixed by it. The meetings of the Board shall be public and shall be held at least once a month. The officer-in-charge of the Block shall convene the meetings of the Board in the manner prescribed.

Chairman of the meeting Chairman of the meeting.--At every meeting of a Block Panchayat Board the Chairman, if present, or in his absence or during the vacancy of his office, such one of their number as the members present may elect, shall preside as Chairman. The decision of the majority at any meeting shall be binding in all matters and when the voting is equal the Chairman shall have a second or casting vote.

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.

Inspection.--The Government may--

1. (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;
2. (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;
3. (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;
4. (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;
5. (e) institute any enquiry in respect of any matter concerning a Panchayat, Joint Committee or Block Panchayat Board;
6. (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.

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.

1. (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.

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.

1. (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.
2. (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.

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.