Panchayati Raj Act & the Role of  Directorate of Rural Development  

             Jammu & Kashmir Panchayati Raj Act, 1989   ( Act No. 9 of 1989)  has been enacted by the state legislature with a view to promote and develop Panchayati Raj in the state as an instrument of vigorous local self government to secure the effective participation of the people in the decision making process and for overseeing implementation of the developmental programmes at   Panchayat/Block and District levels. The Act provides  for a three-tier system consisting of Hlaqa Panchayat, Block Development Council and District  Planning and Development Board. In addition, the Act provides for a Panchayati Adalat for every Halqa Panchayat. For details please refer to Cahpter-II, VI, XI, XIII respectively of Jammu & Kashmir Panchayti Raj Act,1989.In pursuance of section 80 of the Act, the Government has notified Jammu & Kashmir Panchayati Raj Rules, 1996 vide SRO 458 dated 29th November, 1996.

In pursuance of the Act and the Rules, various powers have been delegated  to the Director, Rural Development Department, Election Authority, District Panchayat Officers and BDOs. The schedule-X,   Rules regarding delegation of powers under various sections of J&K Panchayati Raj Act, 1989.

SCHEDULE – X

[See Rule 2(1) (i)]

Jammu & Kashmir Panchayati Raj Act, 1989

  SCHEDULE REGARDING DELEGATION OF POWERS UNDER VARIOUS SECTIONS OF J&K PANCHAYATI RAJ ACT, 1989

S.No

Section

Authority to whom the power delegated /

 conferred

Contents of the Section referred to Col.2

1

2

3

4

1

 

 

 

 

4(3)

Director Rural Development Department

Every Halqa Panchayat shall consist of such No. of Panches not less than seven and not more than eleven including the Sarpanches, as the prescribed authority may, from time to time, fix in this behalf.

2

4(3) proviso

Director Rural Development Department

“Provided that the Panch seats shall be reserved for:-

(a)     The Scheduled Castes; and

(b)    The Scheduled Tribes.

in every Halqa Panchayat and the No. of Panch seats so reserved shall bear, as nearly as may be, the same proportion to the total No. of Panch seats to be filled by direct election in that Panchayat as the population  of Scheduled Castes in that Panchayat area or of the Scheduled Tribe in that Panchayat area bears to the total population in that area and such Panch seats may be allotted by rotation to different constituencies in a Halqa Panchayat in such manner and by such authority as may be prescribed;

Provided further that:-

(a)     not less than one-third of the total number of Panch seats reserved under above Proviso shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes;

(b)     not less than one-third (including the number of Panch seats reserved for women belonging to Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat by such authority and in such manner as may be prescribed.

 

Provided also that such reservation shall not affect representation in the existing Halqa Panchayats and shall become effective for purpose of holding the general election to the Halqa Panchayats after the commencement of Jammu & Kashmir Panchayati Raj (Second Amendment) Act, 2003.  

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