Panchayati Raj is a system of Local Self-Government which functions for the development of people at local level and provides effective participation to the people. After the bifurcation of the State into two Union Territories, the Lieutenant Governor took initiative to implement the system properly to two Union Territories.
Origin of Panchayati Raj in J&K
The people of Jammu and Kashmir organised a Mass Movement for the vision of empowerment in the State since 1931. Under the pressure of this Mass Movement, Maharaja Hari Singh promulgated the Jammu and Kashmir Panchayati Regulation Act No. 1 in 1935.
The list of functions mentioned in the 1935 Regulation were expanded by an Amendment done in the year 1941. The Panchayati Raj Institution (PRI) was adopted to be re-established through the Act of 1951. After that, the government has replaced the Act of 1951 in the year 1958.
Later, it was realised that there is a need to have a sound institutional framework to give a positive role to the community in the self-governance. Moreover, people should be mainstreamed into the developmental process of the democratic structure in the State. After this realisation, the Jammu and Kashmir Panchayati Raj Act, 1989, came into existence.
The Jammu and Kashmir Panchayati Raj Act, 1989 was passed in March 1989. In July 1989, the Governor of the State gave his assent to the Bill. This Act implies the promotion of Panchayati Raj in the State. It provides a Three-Tier Model consisting of:
1. Halqa Panchayat (Village Level)
2. Block Development Council (Block Level)
3. District Planning and Development Board (District Level)
1. Halqa Panchayat
•The Section 4 of the Panchayati Raj Act, 1989 deals with the establishment and Constitution of Halqa Panchayat in Jammu and Kashmir.
• As per this Section, each village or Halqa will have a Halqa Panchayat known by the name of the place where it is located.
• Halqa Panchayats will have Halqa Majlis which consist of the voters who have their names in the Electoral Roll of the Halqa Panchayats.
• If due to any reason, the Halqa Panchayat is dissolved before its period of expiration (5 years), then the elections will be held within a period of 6 months.
• Section 24 of the Act states that atleast one meeting in a month will be held by each Halqa Panchayat.
• It is also mentioned in the Act that there will be a Panchayat Advisory Committee in Halqa Panchayat. This Panchayat Advisory Committee will consist of members as may be prescribed by the government authority.
• There should be Panchayati Adalat for every Halqa (Village).
Disqualification of Membership
Section 6 of Jammu and Kashmir Panchayati Raj Act, 1989 deals with the disqualification of membership of Halqa Panchayat. It says that a person is not eligible to become a Member of Halqa Panchayat if.,
• he/she is not a permanent resident of Jammu and Kashmir
• he/she is a government employee or works in a local body or the state
• he/she below 25 years of age
•he/she does not have stable mind which has been declared by a competent court
• he/she already has a designation of Lambardar or Village Chowkidar
• his/her name is not included in the Electoral Roll of any Halqa Panchayat
Powers and Functions of Halqa Panchayat
The Section 13 of Jammu and Kashmir Panchayat Act, 1989 deals with powers and functions of Halqa Panchayat. Some of the important powers and functions of Halqa Panchayat are discussed below
• Developmental plans for each Halqa or Village are prepared by the Halqa Panchayat.
• Each Halqa Panchayat works for soil conservation, water management, social forestry, agriculture, sheep and animal husbandry, rural industrialisation and other welfare programmes.
• It works for the betterment of people of the village by preparing and implementing various programmes like Poverty Alleviation Programme, Employment Generation Programme, Integrated Rural Development Programme, Housing for Scheduled Castes and Backward Classes, Universalisation of Elementary Education and other Educational Programmes.
• The Halqa Panchayat levied some taxes on trade or professions like entertainment tax on theatre, cinema, on the owners of animals and vehicles which are used for transport, tax on boats, pilgrim tax, tax on gharats, rice husking mills, brick kilns, oilmills, tax on hawkers and pheriwalas, etc.
• There are also some other functions and duties to be followed by the Halqa Panchayat, which are assigned by the Government of Jammu and Kashmir, the District Planning and Development Board and the Block Development Council, within the area in which the Halqa is located.
Sarpanch and Naib-Sarpanch of a Halqa Panchayat
• It is mentioned in Section 4 that the number of Panchs shall not less than 7 and not more than 11 including the Sarpanch. The Panch seats are also reserved for women belonging to the Scheduled Castes and the Scheduled Tribes of the State. The Panchas are elected from the constituencies which are determined by the prescribed authority
Election Process, Tenure and Emolument of Sarpanch and Naib-Sarpanch
• The Sarpanch is directly elected by the electorate of the Halqa Panchayat. Any person from Halqa Panchayat can stand for the post of Naib-Sarpanch. Then Panchs of Halqa Panchayat elect him for Naib- Sarpanch.
• The Section 5 deals with the Term of Office of the Sarpanch, the Naib-Sarpanch and every Panch of the Halqa Panchayat, which is of 5 years from the date of its constitution.
• The Government of Jammu and Kashmir specifies a monthly salary to each Sarpanch of Halqa Panchayats. It also specifies the sitting fee to each Panch of Halqa Panchayat
Removal or Resignation of Sarpanch and Naib Sarpanch
Section 7 of the Act deals with removal of Sarpanch and Naib-Sarpanch. He can be removed on the following grounds viz.,
•for gross misconduct
• neglection of duty
• failure to attend six consecutive meetings of the Halqa Panchayat, etc
As per this Section, Sarpanch and Naib Sarpanch can be removed from their post by a Vote of No Confidence, passed by a majority of not less than two-third of the total number of Panchs of Halqa Panchayat.
• Section 11 of the Act deals with the resignation of Sarpanch, Panch and Naib Sarpanch of Halqa Panchayat
• If all or any one of them wants to resign his office, then he may handover his resignation to such authority as may be prescribe
Powers and Functions of Sarpanch and Naib-Sarpanch
Section 25 of the Act deals with the powers and functions of Sarpanch and Naib-Sarpanch of Halqa Panchayat. As per this Section
• the Sarpanch calls the meetings of Halqa Panchayat and maintains the records of Halqa Panchayat.
• the Sarpanch is responsible for the financial and executive administration of the Halqa Panchayat.
• if due to any reason the Sarpanch is unable to perform his duties, then the Naib-Sarpanch perform all the duties on his behal
• Section 48 of the Act deals with the composition of Panchayati Adalat
• As per this Section, each village will have a Panchayati Adalat
• It will consist of 5 members to be nominated by the government out of the panel which will be prepared and recommended by the Halqa Panchayat out of its electorate
• It is mentioned that to become a member of the Adalat, a person should be literate and completed the age of 30 years
• He/she should not be a government employee or work in a local body of the stat
• He/she should not be a Sarpanch, Naib-Sarpanch or a Panch
• The term of members of the Panchayati Adalat is 5 years. The quorum which is required to conduct a meeting is of 3 member
• Section 56 of the Act deals with the criminal jurisdiction of Panchayati Adala
• As per this Section, a Panchayati Adalat has jurisdiction over the Halqa Panchayat area for the trial of any offence and attempt to commit any offence
• The Panchayati Adalat can only impose a sentence of fine not exceeding 1000 rupees per perso
• A complainant, who is affected by any offence, can file a complains in the Adala
• Then the Adalat may order to provide the whole or part of the fine to the complainant
Chairman and the Members of Panchayati Adalat
• The Chairman of Panchayati Adalat is appointed by the members of the Panchayati Adalat from among themselves
• If the Chairman is not elected within 30 days, then the prescribed authority will appoint the Chairman from among the members.
• The Secretary of Halqa Panchayat is also the Judicial Clerk to the l'anchayati Adalat who records its proceedings and decisions, and does the assigned duties.
• Section 52 of the Act deals with the removal of the Chairman and the Member of Panchavati Adalat.
• If the Chairman or any Member of Adalat fails to do his duties and found guilty of misconduct or disgraceful conduct, then the government may suspend such member of the Adalat.
• If any person is removed due to this procedure, then he/she cannot be eligible for the nomination to such Adalat.
2. Block Development Council
Section 27 deals with the Constitution for Block Development Council (BDC). As per this Section, the state government will constitute for each block a Block Development Council which will be known by the name where it is located.
• The Block Development Council consists of a Chairman, all Sarpanches of Halqa Panchayats within a Block and the Chairman of Marketing Society within the Jurisdiction of the Block.
• Chairman means the Chairman of
(i) the Panchayati Adalat
(ii) the block development council
(iii) the District Planning and Development Board
•If the state government feels that there is need of representation of women of Scheduled Castes or any other class, then the prescribed authority will nominate not more than 2 persons as members.
• In case of Leh and Kargil districts, the Councillors of any Council of the Ladakh Autonomous Hill Development Council Act will be the Ex-Officio Members of Block
• It is given in Section 34 of the Act one Mecung in a month will be held by cach Block Development Council.
Powers and Functions of the Block Development Council
Section 30 of Jammu and Kashmir Panchayati Raj Act, 1989 deals with the powers and functions of Block Development Council which are discussed below
•The main function of Block Development Council is to monitor the work and provide technical and administrative guidance to Halqa Panchayats.
• Inter-Halqa Panchayat Communication System is constructed, maintained and supervised by the Block Development Council.
• It works for the betterment of people of a Block by supervising and monitoring the implementation of various programmes.
• Each Block Development Council works for rural development, agriculture, animal husbandry, social forestry, education, public health, etc.
• It also performs other functions which are assigned by the Government of Jammu and Kashmir and District Planning and Development Board.
Chairman and Vice-Chairman of Block Development Council
• Any person can be elected as Chairman of Block Development Council who has the same eligibility as for Panch of Halqa Panchayat.
• Vice-Chairman is elected by the Members of the Block Development Council from among themselves.
• The Block Development Officer is the Secretary of the Block Development Council
• Section 29 deals with the Term of Office of the Chairman of the Block Development Council, which is of 5 years.
• The Government of Jammu and Kashmir specifies the monthly salary to each Chairman of Block Development Council.
• It also specifies the sitting fee to each member of the Block Development Council.
Powers and Functions of Chairman and Vice-Chairman
Section 31 of the Act deals with the powers and functions of the Chairman and the Vice-Chairman of Block Development Council.
As per this Section,
• the Chairman convenes the meetings of Block Development Council.
• the Chairman exercises the general control and supervises the staff and affairs of the Block Development Council. .
• if due to any reason the Chairman is unable to perform his duties, then the Vice-Chairman perform all his duties and functions on his behalf.
3. District Planning and Development Board (DPDB)
Section 45 of the Act deals with the constitution of District Planning and Development Board (DPDB). As per this Section, the state government will constitute for each district, a District Planning Development Board, which will consist of the
(i) Chairman of the Block Development Council of the districts
(ii) Members of Parliament representing the area
(iii) Members of the State Legislature representing the area
(iv) Chairman of the Town Area Committees at the district
(v) President of the Municipal Council (if any)
• The Government of Jammu and Kashmir nominates the Chairman of the Board from among the members of the District Planning and Development Board. The Vice-Chairman of the Board is elected by the Members of che District Planning and Development Board from among themselves.
• If a person is a government employee, then he/she cannot be elected as the Vice-Chairman of the Board. The District Development Commissioner is the Chief Executive of the Board and to be assisted by the District Level Heads.
Powers and Functions of the District Planning and Development Board
Section 46 deals with the powers and functions of the District Planning and Development Board which are discussed below
• The main function of this Board is to consider and guide the formulation of development programmes for the districts and to review periodic progress and achievement of such plans.
• Wherever seems necessary, the Board indicates priorities for various other schemes and finds out issues which become obstacles in the path of speedy development and economic upliftment of the district.
• It formulates periodic and annual plans, and finalise the plan and non-plan budget for the concerned district.
• It formulates the policy guidelines for the Block Development Councils and Halqa Panchayats.
• It approves the budget, supervises and coordinates the work of Block Development Councils.
• It works for alleviating poverty and employment generation and provides assistance to Halqa Panchayat for such issues
• It also perform other functions which are assigned by the Government of Jammu and Kashmir.