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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
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S.No
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Section
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Authority
to whom the power delegated /
conferred
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Contents
of the Section referred to Col.2
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1
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2
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3
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4
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1
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4(3)
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Director
Rural Development Department
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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.
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2
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4(3)
proviso
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Director
Rural Development Department
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“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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