The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024 |The LexSphere Library

SECTION Section 1

Untitled Section

•34 of 2019.

•As INTRODUCED IN LOK SABHA

•Bill No. 18 of 2024

•THE JAMMU AND KASHMIR LOCAL BODIES LAWS (AMENDMENT)

•BILL, 2024

•A

•BILL

•further to amend theJammu and Kashmir Panchayati Raj Act, 1989 (IX o/1989),

•the Jammu and Kashmir Municipal Act, 2000 (XX o/2000) and the Jammu

•and Kashmir Municipal Corporation Act, 2000 (XXI o/2000).

•WHEREAS the Legislative Assembly of the Union territory of Jammu and

•Kashmir is not in existence and proclamation made by the Government of India

•vide number S.O 3937 (E), dated the 31st October, 2019, in terms of section 73

•of the Jammu and Kashmir Reorganisation Act, 2019 is in force;

•AND WHEREAS in terms of the aforesaid Proclamation, the powers of the

•Legislature of the Union territory of Jammu and Kashmir shall be exercisable by

•or under the authority of Parliament.

•BE it enacted by Parliament in the Seventy-fifth Year of the Republic of

•India as follows:-

SECTION Section 10

Untitled Section

•clause (l), the following clause shall be inserted, namely:- 5

•'(la) "Other Backward Classes" means the Other Backward Classes

•declared by the Government of the Union territory of Jammu and Kashmir

•from time to time in accordance with sub-clause (iii) of clause ( o) of section 2

•of the Jammu and Kashmir Reservation Act, 2004;' .

SECTION Section 11

Untitled Section

3.For section 2A of the Panchayati Raj Act, the following section shall be 10

•substituted, namely:-

•'2A. Throughout the Act, for the words "District Planning and

•Development Board" and "District Panchayat Officer" wherever they occur,

•the words "the District Development Council" and "Assistant Commissioner of

•Panchayat" shall respectively be substituted.'. 15

SECTION Section 12

Untitled Section

4.In section 4 of the Panchayati Raj Act, in sub-section (3),-

(a)in the first proviso, -

(i)in clause (a), the word "and" occurring at the end shall be

•omitted;

•(ii) for clause (b), the following clauses shall be substituted, 20

•namely:-

•"( b) the Scheduled Tribes; and

(c)the Other Backward Classes,";

•(iii) in the long line, after the words "or of the Scheduled Tribes

•in that Panchayat area", the words "or of the Other Backward Classes 25

•in that Panchayat area" shall be inserted;

(b)in the second proviso,-

(i)in clause (a), for the words "or, as the case may be, the

•Scheduled Tribes,", the words "or the Scheduled Tribes or the Other

•Backward Classes, as the case may be," shall be substituted ; 30

•(ii) in clause ( b ), for the words "and the Scheduled Tribes ", the

•words "the Scheduled Tribes and the Other Backward Classes" shall

•be substituted .

SECTION Section 13

Untitled Section

5.In section 27 of the Panchayati Raj Act, in sub-section (3),-

(a)in the first proviso,-

(i)in clause (a), the word "and" occurring at the end shall be

•omitted;

•(ii) for clause ( b ), the following clauses shall be substituted,

•namely:-

•"( b) the Scheduled Tribes; and

(c)the Other Backward Classes, ";

•(iii) in the long line, after the words "or of the Scheduled Tribes

•in that district", the words "or of the Other Backward Classes in that

•district" shall be inserted;

•35

•40

•Jammu and

•Kashmir Act

•IX of 1989.

•Jammu and

•Kashmir Act

•XIV of 2004 .

•5

•3

•( b) in the second proviso,-

(i)in clause (a), for the words "or, as the case may be, the

•scheduled tribes,", the words "or the Scheduled Tribes or the Other

•Backward Classes, as the case may be," shall be substituted;

•(ii) in clause (b), for the words "or the Scheduled Tribes", the

•words "or the Scheduled Tribes or the Other Backward Classes" shall

•be substituted.

SECTION Section 14

Untitled Section

6.In section 36A of the Panchayati Raj Act, for sub-sections (2) and (3), the

•following sub-sections shall be substituted, namely: -

•IO "(2) The salary, allowance and other conditions of service of the State

•Election Commissioner shall be such as the Lieutenant Governor may, by

•rules, determine:

•Provided that if a person who, immediately before the date of

•assuming office as the State Election Commissioner is in receipt of or has

•15 received or has become entitled to receive a pension, other than a disability

•pension, in respect of any previous service under the Government of India

•or under the Government of a State or under the Government of a Union

•territory, his pay in respect of service as State Election Commissioner shall

•be reduced-

•20 (a) by the amount of that pension; and

•( b) if he had, before assuming office, received, in lieu of a portion

•of the pension due to him in respect of such previous service, the

•commuted value thereof, by the amount of that portion of the pension.

(3)The travelling allowance, provision of rent-free accommodation,

•25 conveyance facilities, medical facilities available to a person at the time of

•retirement or at the time of his appointment as State Election Commissioner, so

•far as may be, shall be admissible to him.

•( 4) The power to grant or refuse leave to the State Election

•Commissioner and to revoke or curtail leave granted to him, shall vest in the

•30 Lieutenant Governor.".

•35

SECTION Section 15

Untitled Section

7.For section 36B of the Panchayati Raj Act, the following section shall be

•substituted, namely:-

•"36B. The State Election Commissioner shall not be removed from his

•office except in like manner and on the like ground as a Judge of a High

•Court and the conditions of service of the State Election Commissioner shall

•not be varied to his disadvantage after his appointment.".

SECTION Section 16

Untitled Section

8.In section 36D of the Panchayati Raj Act, in sub-section (2),-

(a)for the opening portion "The Commission shall have power to",

•the opening portion "The Commission referred to in sub-section (J) shall"

•40 shall be substituted;

(b)in clause (b), for the words "give such directions", the words "by

•order give such directions" shall be substituted;

(c)in clause (c), for the word "delegate", the words "by order, delegate,

•subject to such restrictions mentioned therein," shall be substituted.

•45 9. In section 39 of the Panchayati Raj Act, after clause (iii), the following

SECTION Section 17

Untitled Section

•clause shall be inserted, namely:-

•"(iv) such other grounds as may be determined by the State Election

Commission.".

•Amendment of

SECTION Section 18

Untitled Section

•section 36A.

•Substitution of

SECTION Section 19

Untitled Section

•section 36B.

•Removal of

•State Election

Commissioner.

•Amendment of

SECTION Section 2

Untitled Section

•CHAPTER I

•PRELIMINARY

SECTION Section 20

Untitled Section

•section 36D.

•Amendment of

SECTION Section 21

Untitled Section

•section 39.

•Amendment of

SECTION Section 22

Untitled Section

•section 45A.

•Construction of

•reference of

•certain

•expressions by

•certain other

expressions.

•Amendment of

SECTION Section 23

Untitled Section

•section 2.

•Amendment of

•section I IA.

•4

SECTION Section 24

Untitled Section

10.In section 45A of the Panchayati Raj Act,

(a)in sub-section (4),-

(i)in clause (a), the word "and" occurring at the end shall be

•omitted;

•(ii) for clause ( b ), the following clauses shall be substituted, 5

•namely:-

•"( b) for the Scheduled Tribes; and

(c)for the Other Backward Classes,";

•(iii) in the long line, after the words "or of the Scheduled Tribes

•in the district", the words "or of the Other Backward Classes in the 10

•district" shall be inserted;

(b)in sub-section (5), for the words "or, as the case may be, the

•Scheduled Tribes,", the words "or the Scheduled Tribes or the Other

•Backward Classes, as the case may be," shall be substituted;

•( c) in sub-section ( 6), for the words "Scheduled Castes and the 15

•Scheduled Tribes", the words "Scheduled Castes, the Scheduled Tribes and

•the Other Backward Classes" shall be substituted.

SECTION Section 25

Untitled Section

•CHAPTER III

•AMENDMENTS TO THE JAMMU AND KASHMIR MUNICIPAL ACT, 2000

SECTION Section 26

Untitled Section

11.Throughout the Jammu and Kashmir Municipal Act, 2000, (hereafter in

•this Chapter referred to as the Municipal Act), for the words "Chief Electoral

•Officer" and "Backward Classes", wherever they occur, the words "State Election

•Commission" and "Other Backward Classes" shall respectively be substituted.

SECTION Section 27

Untitled Section

12.In section 2 of the Municipal Act,-

(a)clause (J) shall be omitted;

(b)after clause (27), the following clause shall be inserted, namely;-

•'(27a) "Other Backward Classes" means the Other Backward

•Classes declared by the Government of the Union territory of Jammu and

•Kashmir from time to time in accordance with sub-clause (iii) of clause ( o)

•of section 2 of the Jammu and Kashmir Reservation Act, 2004;';

(c)after clause (29b), the following clause shall be inserted, namely:-

•'(29bb) "State Election Commission" means the Commission

•constituted under section 36 of the Jammu and Kashmir Panchayati

•Raj Act, 1989;'.

SECTION Section 28

Untitled Section

13.In section 1 lA of the Municipal Act,-

(a)in sub-section (J) , for the words "the Scheduled Castes and the

•Scheduled Tribes", the words "the Scheduled Castes, the Scheduled Tribes

•and the Other Backward Classes" shall be substituted;

•( b) in sub-section ( 2), for the words "the Scheduled Castes or the

•Scheduled Tribes", the words "the Scheduled Castes or the Scheduled

•Tribes or the Other Backward Classes" shall be substituted;

(c)in sub-section (3), for the words "the Scheduled Castes and the

•Scheduled Tribes", the words "the Scheduled Castes, the Scheduled Tribes

•and the Other Backward Classes" shall be substituted;

•20

•25

•30

•35

•40

•Jammu and

•Kaslunir Act

•XX of 2000.

•Janunu and

•Kashmir Act

•XIV of 2004.

•Jammu and

•Kashmir Act

•IX of 1989.

•Jammu and

•Kashmir Act

XXIof2000.

•5

(d)in sub-section (3A), for the words "Scheduled Caste or Scheduled

•Tribe Certificate", the words "Scheduled Caste or Scheduled Tribe or Other

•Backward Class Certificate" shall be substituted; and;

(e)for sub-section ( 4), the following sub-section shall be substituted,

•5 namely,-

•10

•15

•20

•25

•30

•35

•"( 4) The State Election Commissioner shall be the competent

•authority for the purposes of this section." .

SECTION Section 29

Untitled Section

14.In section 282 of the Municipal Act, for sub-section (2), the following

•sub-section shall be substituted, namely:-

•"(2) The Commission referred to in sub-section (1) shall-

(i)require any person, including an officer or an employee of the

•Government of the Union territory of Jammu and Kashmir, subject to

•any privilege which may be claimed by that person under any law for

•the time being in force in the Union territory of Jammu and Kashmir,

•to furnish information on any matter which, in the opinion of the

•Commission, may be useful for or relevant to the subject of enquiry;

•(ii) by order, give such directions to the officers and employees

•of the Government of the Union territory of Jammu and Kashmir, or

•any other statutory body or society as it considers necessary to ensure

•smooth and efficient conduct of elections under this Act;

•(iii) by order, delegate, subject to such restrictions mentioned

•therein, any of its powers to such officers and employees of the

•Government of the Union territory of Jammu and Kashmir;

•(iv) determine and delimit the municipalities in accordance with

•the provisions of this Act;

(v)regulate its own procedure, including the fixing of time and

•place of its sittings; and

•( vi) exercise such other powers as may be determined by the

•Government of the Union territory of Jammu and Kashmir, from time

•to time.".

SECTION Section 3

Untitled Section

1.(I) This Act may be called the Jammu and Kashmir Local Bodies Laws

•(Amendment) Act, 2024.

(2)It shall come into force on such date as the Central Government may, by

•notification in the Official Gazette, appoint .

•5

•Short title and

commencement.

•Amendment of

SECTION Section 30

Untitled Section

15.After section 282 of the Municipal Act, the following section shall be

•inserted, namely:-

•"282A. Sections 36, 36A, 36B, 36C, 37 and section 39 of the

•Panchayati Raj Act [as amended by the Jammu and Kashmir Local Bodies

•Laws (Amendment) Act, 2024] shall, mutatis mutandis, apply to this Act.".

SECTION Section 31

Untitled Section

•CHAPTER IV

•AMENDMENTS TO THE JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000

SECTION Section 32

Untitled Section

16.Throughout the Jammu and Kashmir Municipal Corporation Act, 2000

•(hereafter in this Chapter referred to as the Municipal Corporation Act) for the

•40 words "Chief Electoral Officer" and "Backward Classes", wherever they occur,

•the words "State Election Commission" and "Other Backward Classes" shall

•respectively be substituted.

•45

SECTION Section 33

Untitled Section

17.In section 2 of the Municipal Corporation Act,

(a)clause (1) shall be omitted;

(b)clause (6) shall be omitted;

(c)after clause (37), the following clause shall be inserted, namely :-

•Amendment of

SECTION Section 34

Untitled Section

•section 282.

•Insertion of new

SECTION Section 35

Untitled Section

•section 282A.

•Application of

•certain

•provisions of

•Jammu and

•Kashmir

•Panchayati Raj

Act.1989.

•Construction of

•reference of

•certain

•expressions by

•certain other

expressions.

•Amendment of

SECTION Section 36

Untitled Section

•section 2.

•Insertion of new

SECTION Section 37

Untitled Section

•section 9A.

•Application of

•certain

•provisions of

•Jammuand

•Kashmir

•Panchayati Raj

•Act, 1989 and

•Jammu and

•Kashmir

•Municipal Act,

SECTION Section 38

Untitled Section

2000.

•Amendment of

•section I OA.

•6

•'(37a) "Other Backward Classes" means the Other Backward

•Classes declared by the Government of the Union territory of

•Jammu and Kashmir from time to time in accordance with

•sub-clause (iii) of clause (o) of section 2 of the Jammu and Kashmir

•Reservation Act, 2004;'; 5 Jammu and

•Kashmir Act

(d)after clause (59), the following clause shall be inserted, namely:- XIV of 2004.

•'(59a) "State Election Commission" means the Commission

•constituted under section 36 of the Jammu and Kashmir Panchayati

•Raj Act, 1989 .'.

SECTION Section 39

Untitled Section

18.After section 9 of the Municipal Corporation Act, the following 10

•section shall be inserted, namely:-

•"9A. Sections 36, 36A, 36B, 36C, 37 and section 39 of the

•Panchayati Raj Act and sub-section (2) of section 282 of the Municipal

•Act [ as amended by the Jammu and Kashmir Local Bodies Laws

•(Amendment) Act, 2024] shall, mutatis mutandis, apply to this Act.". 15

SECTION Section 4

Untitled Section

•section 2.

•Substitution of

SECTION Section 40

Untitled Section

19.In section lOA of the Municipal Corporation Act,-

(a)in sub~section (1), for the words "the Scheduled Castes and the

•Scheduled Tribes", the words "the Scheduled Castes, the Scheduled

•Tribes and the Other Backward Classes" shall be substituted;

(b)in sub-section (2), for the words "the Scheduled Castes or the 20

•Scheduled Tribes", the words "the Scheduled Castes or the Scheduled

•Tribes or the Other Backward Classes" shall be substituted;

(c)in sub-section (3), for the words "the Scheduled Castes and the

•Scheduled Tribes", the words "the Scheduled Castes, the Scheduled

•Tribes and the Other Backward Classes" shall be substituted; 25

(d)in sub-section (3A), for the words "Scheduled Caste or Scheduled

•Tribe Certificate ", the words "Scheduled Caste or Scheduled Tribe or

•Other Backward Class Certificate" shall be substituted; and

•( e) for sub-section ( 4), the following sub-section shall be substituted,

•namely :- 30

•"( 4) The State Election Commissioner shall be the competent

•authority for the purpose of this section .".

•Jammu and

•Kashmir Act

•IX of 1989.

•STATEMENT OF OBJECTS AND REASONS

•The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024 seeks

•to amend certain provisions of the Jammu and Kashmir Panchayati Raj Act, 1989,

•the Jammu and Kashmir Municipal Act, 2000 and the Jammu and Kashmir

•Municipal Corporation Act, 2000 (the Acts) in consonance with the provisions of

•the Part IX and Part IXA of the Constitution.

SECTION Section 41

Untitled Section

2.Part IX and Part IXA of the Constitution relates to "the Panchayats" and

•"the Municipalities". Clause (6) of articles 243D and 243T of the Constitution

•empowers the Legislature of a State to make provision for reservation of seats in

•any "Panchayat" and "Municipality" in favour of backward classes of citizens.

•However, the Acts of the Union territory of Jammu and Kashmir has no provision

•for reservation of seats for "Other Backward Classes" in the Panchayats and the

Municipalities.

SECTION Section 42

Untitled Section

3.According to articles 243K and 243ZA of the Constitution, the

•superintendence, direction and control of the preparation of electoral rolls for, and

•the conduct of all elections to the Panchayats and Municipalities is vested in a

•"State Election Commission" consisting of a "State Election Commissioner" . The

•similar provision was incorporated in the Jammu and Kashmir Panchayati Raj

•Act, 1989. However, as per Municipal laws of the Union territory of the Jammu

•and Kashmir the conduct of all elections to the Municipalities and Municipal

•Corporations lies with "the Chief Electoral Officer" of Jammu and Kashmir.

SECTION Section 43

Untitled Section

4.Proviso to clause (2) of article 243K of the Constitution envisages that

•the State Election Commissioner shall not be removed from his office except in

•like manner and on the like grounds as a Judge of a High Court and the conditions

•of service of the State Election Commissioner shall not be varied to his

•disadvantage after his appointment. But, section 36B of the Jammu and Kashmir

•Panchayati Raj Act, 1989 provides that the State Election Commissioner shall not

•be removed from his office except by an order made by the Lieutenant Governor

•on the ground of proved misbehaviour or incapacity after an inquiry conducted by

•a sitting or a retired judge of the High Court, on a reference made to him by the

•Lieutenant Governor. The provisions pertaining to State Election Commissioner

•in the Jammu and Kashmir Panchayati Raj Act, 1989 are at variance with the

•provisions of the Constitution.

SECTION Section 44

Untitled Section

5.In order to provide reservation to the "Other Backward Classes" in the

•Panchayats and the Municipalities in the Union territory of Jammu and Kashmir

•and to bring consistency in the local bodies laws of the Union territory of Jammu

•and Kashmir with the provisions of the Constitution, it has become necessary to

•amend certain provisions of the Acts and to introduce a Bill in Parliament, namely,

•the Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024. With this,

•justice will be ensured to the citizens of Other Backward Classes of Jammu and

•Kashmir for the first time after 75 years of independence.

SECTION Section 45

Untitled Section

6.The Bill seeks to achieve the above objectives.

•NEW DELHI; AMIT SHAH.

•The 2nd February, 2024.

•7

•FINANCIAL MEMORANDUM

•The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024, if

•enacted, would not involve any expenditure either recurring or non-recurring from

•and out of the Consolidated fund oflndia.

•8

•ANNEXURE

•EXTRACTS FROM THE JAMMU AND KASHMIR PANCHAYATI RAJ ACT, 1989

•(Act No. IX OF 1989)

•* * * * *

SECTION Section 46

Untitled Section

2.(I) In this Act, unless the context otherwise requires,-

•* * * * *

(l)"Naib-Sarpanch" means the Naib-Sarpanch of the Halqa Panchayat;

•* * * * *

2A.Throughout the Act, for "District Planning and Development Board"

•wherever then occur substitute "the District Development Council".

•* *

SECTION Section 47

Untitled Section

4.(I)* *

•*

SECTION Section 48

Untitled Section

•CHAPTER II

•Halqa Panchayat

•*

•* *

(3)Every Halqa Panchayat shall consist of such number of Panches not less

•than seven and not more than eleven excluding the sarpanch as the prescribed

•authority may, from time to time, fix in this behalf:

•Provided that the sarpanch and panch seats shall be reserved for

(a)the Scheduled Castes; and

(b)the scheduled Tribes,

•in every Halqa Panchayat and the number of sarpanch and panch seats so reserved

•shall bear, as nearly as may be, the same proportion to the total number 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 sarpanch and

•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 ofsarpanch and 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 sarpanch and

•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:

•* * * * *

SECTION Section 49

Untitled Section

•CHAPTER VI

•Block Development Council

SECTION Section 5

Untitled Section

•section 2A.

•Construction of

•reference of

•certain

•expressions by

•certain other

expressions.

•Amendment of

SECTION Section 50

Untitled Section

27.(I)* * * * *

(3)The Block Development Council shall consists of-

•9

Definitions.

•Substitution of

•certain

expressions.

•Establishment

•and constitution

•ofHalqa

Panchayat.

•Constitution of

•Block

•Development

Council.

•Term of office

•and other

•conditions of

•service of State

•Election

Commissioner.

•Removal of the

•State Election

Commissioner.

•10

(i)a Chairperson;

•(ii) all Sarpanches ofHalqa Panchayats falling within the Block:

•Provided that the offices of the Chairpersons of Block Development

•Councils shall be reserved for-

(a)the Scheduled Castes; and

(b)the Scheduled Tribes,

•in every district and the number of seats so reserved shall bear, as nearly as may

•be, the same proportion to the total number of offices of Chairpersons to be filled

•by direct election in that district as the population of the Scheduled Castes in that

•district, or of the Scheduled Tribes in that district, bears to the total population in

•that district and such offices may be allotted by rotation to different Block

•Development Council Constituencies in a district 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 offices of

•Chairpersons reserved under the above proviso shall be reserved for women

•belonging to the scheduled castes or, as the case may be, the scheduled

•tribes; and

(b)not less than one-third of the total number of offices of

•Chairpersons to be filled by direct election in the district shall be reserved

•for women (including the number of offices of Chairpersons of Block

•Development Councils reserved for women belonging to scheduled castes

•or scheduled tribes) and such offices may be allotted by rotation to different

•constituencies in a district by such authority and in such manner as may be

prescribed.

•* * * * *

36A.(I)* * * * *

(2)On ceasing to hold office, the State Election Commissioner shall be

•ineligible for, reappointment to that office or, any other assignment or

•appointment to any office under the Government of India or under the

•Government of any State.

(3)The salary, allowance and other conditions of the State Election

•Commissioner shall be such as may be prescribed from time to time:

•Provided that if the State Election Commissioner is at the time of his

•appointment eligible for, or in receipt of, a pension in respect of any previous service,

•his salary in respect of service as State Election Commissioner shall be reduced,-

(a)by the amount of that pension; and

•( b) if he has before such appointment received, in lieu of a portion of

•the pension due to him in respect of such previous service, the commuted

•value thereof, by the amount of that amount of pension.

36B.(I) Subject to the provisions of sub-section (3), the State Election

•Commissioner shall not be removed from his office except by an order made by

•the Lieutenant Governor on the ground of proved misbehaviour or incapacity after

•an enquiry conducted by a sitting or a retired judge of the High Court, on a

•reference made to him by the Lieutenant Governor.

(2)The Lieutenant Governor may suspend from office, and if necessary

•prohibit also from attending the office during inquiry, the State Election

•Commissioner in respect of whom a reference has been made to the Inquiry

•Officer under sub-section (I) until the Lieutenant Governor has passed orders on

•receipt of the report of the Inquiry Officer on such reference.

•11

(3)Notwithstanding anything in sub-section(]), the Lieutenant Governor

•may by order remove from office the State Election Commissioner, ifhe:-

(a)is adjudged as insolvent; or

•( b) engages during the term of his office in any employment outside

•the duties of his office; or

•( c) is unfit to continue in his office by reason of his infirmity of mind

•or body; or

(d)is convicted and sentenced to imprisonment for offence which

•involves moral turpitude.

•*

36D.(]) *

•*

(2)The Commission shall have the power to-

•* * *

•* *

(b)give such directions to the officers and employees of the

•Government of the union territory of Jammu and Kashmir or the

•Panchayat Raj Institutions or any other statutory body or society as it

•considers necessary to ensure smooth and efficient conduct of

•elections under this Act;

•( c) delegate any of its powers to such officers and employees of

•the Government of the union territory of Jammu and Kashmir, as it

•may deem necessary;

•* * * * *

SECTION Section 51

Untitled Section

39.A Person shall be disqualified for registration in an electoral roll ifhe,-

•* * * * *

•(iii) has not attained age of 18 years.

•* * * * *

SECTION Section 52

Untitled Section

•CHAPTER XI

•District Planning and Development Board

45A.(])* * * * *

•( 4) Seats to be filled by direct election shall be reserved in the District

•Development Council-

•( a) for the Scheduled Castes; and

•( b) for the Scheduled Tribes, and the number of seats to be filled by

•direct election so reserved shall bear, as nearly as may be, the same

•proportion to the total number of seats to be filled by direct election in the

•District Development Council as the population of the Scheduled Castes in

•the district or of the Scheduled Tribes in the district bears to the total

•population of the district.

(5)Not less than one-third of the total number of seats reserved under

•sub-section ( 4) shall be reserved for women belonging to the Scheduled Castes

•or, as the case may be, the Scheduled Tribes.

•( 6) One-third (including the number of seats reserved for women belonging

•to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to

•be filled by direct election in every District Development Council shall be

•reserved for women.

•* * * * *

•Powers of the

•State Election

Commission.

•Disqualification

•for registration

•in an electoral

roll.

•Constitution of

•District

•Development

Council.

Definitions.

•Reservation of

•seats for certain

•categories .

•Chief Electoral

Officer.

•12

•EXTRACTS FROM THE JAMMU AND KASHMIR MUNICIPAL ACT, 2000

•(Act No. XX OF 2000)

•* * * * *

SECTION Section 53

Untitled Section

2.In this Act, unless there is anything repugnant in the subject or context,-

•(]) "backward classes" means such classes of citizens other than

•scheduled castes and scheduled tribes as may be identified and notified for

•the purposes of reservation for appointments or posts in the services under

•the Government;

•* * * * *

(27)"occupier" includes any person, for the time being paying or

•liable to pay, to the owner the rent or any portion of the rent of the land or

•building in respect of which the word is used or damages on account of the

•occupation of such land or building, and also an owner living in or otherwise

•using, his own land or building and also a rent-free tenant;

•* * * * *

•(29-b) "Special Tribunal" means the Special Tribunal constituted

•under section 4 of the Jammu and Kashmir Special Tribunal Act, 1988;

•* * * * *

•11-A. (1) Seats shall be reserved for the Scheduled Castes and the Scheduled

•Tribes in every Municipality in proportion to the total population of the Scheduled

•Castes and Scheduled Tribes in the Municipal Area and such seats may be allotted

•by rotation to different constituencies in a Municipality.

(2)Not less than one-third of the total number of seats reserved under

•sub-section (1) shall be reserved for women belonging to the Scheduled Castes or

•the Scheduled Tribes, as the case may be.

(3)Not less than one-third (including the number of seats reserved for

•women belonging to the Scheduled Castes and the Scheduled Tribes) of the total

•number of seats to be filled by direct election in the Municipality shall be reserved

•for women and such seats may be allotted by rotation to different constituencies

•in the Municipality.

•(3-A) A person who becomes a member or an office bearer of a Municipality

•on the basis of a false Scheduled Caste or Scheduled Tribe Certificate, shall be

•disqualified from the date on which it is found that he had become such member

•or office bearer on the basis of such false caste certificate and shall continue to be

•disqualified for further period of six years .

•( 4) The Deputy Commissioner concerned or the Chief Electoral Officer, as

•the Government may appoint in this behalf, shall be the competent authority for

•purposes of this Act.

•* * * * *

SECTION Section 54

Untitled Section

282.(])* * * * *

(2)The Commission shall frame its own rules and lay its own procedure.

•* * * * *

•13

•EXTRACTS FROM THE JAMMU AND KASHMIR MUNICIPAL CORPORATION

•ACT,2000

•(Act No. XXI OF 2000)

•* * * * *

SECTION Section 55

Untitled Section

2.In this Act, unless the context otherwise requires:-

•(]) "backward classes" means such classes of citizens other than

•scheduled castes and scheduled tribes, as may be identified and notified for

•the purpose of reservation for appointments or posts in the services under

•the Government;

•* * * * *

•( 6) "Chief Electoral Officer" means the Chief Electoral Officer;

•* * * * *

(37)"offensive matter" includes animal carcasses, kitchen or stable

•refuse, dung, dirt and putrid or putrefying substances, other than sewage;

•* * * * *

(59)"Special Tribunal" means the Tribunal constituted under section 4

•of the Jammu and Kashmir Special Tribunal Act, 1988;

•* * * * *

•10-A. (1) Seats shall be reserved for the Scheduled Castes and the Scheduled

•Tribes in every Corporation in proportion to the total population of the Scheduled

•Castes and Scheduled Tribes in the area falling under the Municipal Corporation

•and such seats may be allotted by rotation to different constituencies in a

Corporation.

(2)Not less than one-third of the total number of seats reserved under

•sub-section (1) shall be reserved for women belonging to the Scheduled Castes or

•the Scheduled Tribes, as the case may be.

(3)Not less than one-third (including the number of seats reserved for

•women belonging to the Scheduled Castes and the Scheduled Tribes) of the total

•number of seats to be filled by direct election in the Corporation shall be reserved

•for women and such seats may be allotted by rotation to different constituencies

•in the Corporation.

•(3-A) A person who becomes a member or an office bearer of a Corporation

•on production of a false Scheduled Caste or Scheduled Tribe Certificate, shall be

•disqualified from the date on which it is found that he had become such member

•or office bearer on the basis of such false caste certificate and shall continue to be

•disqualified for further period of six years.

•( 4) The Deputy Commissioner concerned or the Chief Electoral Officer, as

•the Government may appoint in this behalf, shall be the competent authority for

•purposes of this Act.

•* * * * *

Definitions.

•Reservation of

•seats for certain

categories.

•LOKSABHA

•A

•BILL

•further to amend the Jammu and Kashmir Panchayati Raj Act, 1989 (IX of 1989), the

•Jammu and Kashmir Municipal Act, 2000 (XX of 2000) and the Jammu and

•Kashmir Municipal Corporation Act, 2000 (XXI of2000) .

•(Shri Amit Shah, Minister of Home Affairs and Cooperation)

SECTION Section 6

Untitled Section

•section 4.

•Amendment of

SECTION Section 7

Untitled Section

•section 27.

•2

SECTION Section 8

Untitled Section

•CHAPTER II

•AMENDMENTS TO THE JAMMU AND KASHMIR PANCHAYATI RAJ ACT, 1989

SECTION Section 9

Untitled Section

2.In section 2 of the Jammu and Kashmir Panchayati Raj Act, 1989 (hereafter

•in this Chapter referred to as the Panchayati Raj Act), in sub-section (1), after