section 138
Prohibition of certain proceedings
The Jammu and Kashmir Village Panchayat Act, 1958Chapter X Chapter X
Prohibition of certain proceedings.-(1) Any person prescribed by the Government or any other officer specified by the Government in this behalf may, on information received or on his own initiative, by order in writing prohibit the execution or further execution of a resolution or order passed or made under this or any other Act by a Panchayat or any officer or servant thereof if in his opinion the resolution or order is of a nature as to cause or likely to cause obstruction, annoyance or injury to the public or to any class or persons lawfully employed or danger to human life, health or safety or riot or affray and may prohibit the doing or continuance by any person of any act in pursuance or under color of such resolution or order.
- (2) Where an order is made under sub-section (1), a copy thereof with a statement of the reasons for making it, shall forthwith be sent to the Panchayat or the prescribed authority or the concerned officer to the Government who may, after calling for an explanation from the Panchayat or the officer or servant thereof and considering the explanation made by it, rescind, modify or confirm the order.
- (3) Where the execution or further execution of a resolution or order is prohibited by an order made as aforesaid and continuing to be in force, it shall be the duty of the Panchayat or any officer or servant thereof, if so required by the order, to take such action as may be necessary to prevent any person from doing or continuing to do anything in pursuance of the resolution or order.
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