J&K Panchayati Raj Act, 1989 :-
Panchayati Raj in J&K is a symbol of democratic decentralization. It is system wherein , local-government functions for the development of people at local level & provides effective participation to the people.
The J&K PRA, 1989 was passed in March, 1989. In July, 1989, the Governor of the state(then) gave his assent to the bill. This act implies the promotion of PR in J&K. It provides a three-tier model consisting of:-
 |
| SOURCE_ FROM INTERNET |
1.Halqa Panchayat (Village Level)
2.Block Development Council (Block Level)
3.District Planning & Development Board ( District Level)
Total Chapters= 15
Total sections = 58
Total schedules= 6
Besides these , the act also provides a Panchayat Adalat for every Halqa(Village).
This act was amended in 2004,2011,2013 & 2018
HALQA PANCHAYAT :- 
Chapters:- I - V
Chapter 1- Important Definitions under section 2
1-A Halqa Majlis( Gram Sabha) & Ward Majlis( Ward Sabha)
Chapter 2- Provisions of Halqa Panchayat
Chapter 3- Power & functions of Halqa Panchayat
Chapter 4- Property of Halqa Panchayat
Chapter 5- Conduct of Business
CHAPTER 1-IMPORTANT DEFINITION IN ACT :-
Halqa- refers to area of village or villages that may be determined by government form time to time
Halqa Panchayat- refers to HP constituted under section 4 of this act
Panch - refers to member of HP -elected or nominated & belong to the area of village & must be rolled in electoral list.
Panchayati Adalat- means a adalat constituted under section 47 of this act for the purpose of trail of suit & cases . Section 2(n).
Block- refers to area containing number of Halqa panchayats- Section 2(a)
Block Development Council- refers to council constituted under section 27 of this act
Chairman - means chairman of -Panchayat Adalat, BDC & DPDB
Vice-Chairman- means Vice-chairman of BDC & DPDB
DPDB- refers to Board constituted under section 45 of this act, at district level that comprise of number of blocks.
Ward Majlis & Halqa Majlis
Chapter-1A deals with Ward majlis ( ward Sabha) & Halqa majlis( Gram sabha)
- Halqa Majlis ( 3-C) (1)
Every Halqa panchayat has Halqa Majlis -comprising of all the persons whose names are included in the electoral roll for such HP.
There shall be at least two meeting of HM every year (3-C) (4)
Functions of HM :- (3-D)
- To Conduct social audit
- To approve plans , programs & projects for social & economic development
- To plan & manage minor water bodies
- To exercise control over institution & functionaries in all social sector.
All adult persons whose names are included in the electoral roll constitute ward
Functions of WM (3-B)
hold -Three meeting per year
- To promote harmony & unity , literacy , education , health , childcare, nutrition
- To assist the activities of parent teacher -teacher associate
- To render assistance in the effective implementation of development scheme.
- Section 4(3)- deals with membership. The total no. of members of HP is from 7-11-including sarpanch.
- Section 5- Term of office of sarpanch= 5yr
- Section 6- Disqualification for membership-
- Section 7- Removal or resign of Sarpanch & Naib sarpanch from office
- Section 11-Resignation of sarpanch ,Panch & Naib sarpanch
- Section 13- Powers & functions of HP
- Section 14- Funds of HP
- Section 24(1)- One meeting of HP per year
- Section 25- Powers & functions of sarpanch & Naib Sarpanch
- Chapter VI - IX
Chapter 6- Provisions of BDC
chapter 7-Powers & functions of BDC
chapter 8-Property & finance of BDC
Chapter 9- Conduct of business of BDC
- Sections:- related with BDC
- Section 27:- deals with the constitution of BDC
- Section 27(3) - composition of BDC
- Chairman & Vice Chairman> All sarpanch in block > 1/3 of reveseved seats for Sc/ST/Women-in case in not elected then 2 persons will be nominated by the prescribed authority then
- Section 29- term of office of Chairman of BDC= 5 yr
- Section 30- Powers & functions of BDC
- Section 31- Powers & functions of the chairman & vice-chairman of BDC
- Section 34- Property & finance of BDC
- Section 35 -conduct of business of BDC
ELECTIONS
Chapter X- Inserted in 2011 by JKPRA, 2011 The act deals with elections & State election Commission
- Section 36- -The state election commission is the election authority which has the responsibility of superintendence , direction & control of the preparation of electoral rolls for all general elections
- Section 36(A)- Tenure of office of SE commissioner =5yr or 65 years of age
- Section 36(B)- removal of SEC
- Section 36(D) - Powers & functions of SEC
DISTRICT PLANNING & DEVELOPMENT BOARD (DPDB):-
Chapters 11- Constitution of DPDB
Chapter 12- Powers , functions & finance of DPDB
SECTION Related with DPDB
Section 45 - deals with constitution of DPDB
Section 46- Powers & functions of DPDB
Composition of DPDB:-
All chairman of DBC of District
M.P & MLA of the Area
Chairman of town area committee of all district
President of Municipal Corporation
CHAPTER XIII_ Panchayat Adalat :-
Every HP has Panchayat Adalat-that consists of 5 members to be nominated by Government on recommendation of HP
The age of members must be 30 yrs
The quorum which is required to conduct the a meeting is 3 members.
IMPORTANT SECTION- Section 48- Deals with composition of panchayat Adalat
- Section 56- deals with the criminal jurisdiction of panchayat Adalat.
All decisions taken by Panchayat Adalat are null & void in front of Court.
AMENDMENT (s) :-
JKPRA,2004- amends reservation for SC/ST for HP. It includes 1/3 Panch seats for women candidates(including SCs & STs women seats) will be filled by the direct election.
JKPRA, 2013 - amends section 28 of JKPRA-1989 -includes 1/3 women reservation of the total number of offices of chairman of BDC in every district
Panchayat raj rules, 1996 -The section 80 of J&K PRA, 1989 made details of rule, powers & functions, finance & election for various local self government bodies. Now, it is divided into 11 chapters
No comments:
Post a Comment