(1) There
shall be a Halqa Panchayat for every halqa.
(2) Every Halqa Panchayat shall bear the name of the place where it is headquartered.
1[(2a) Every Halqa Panchayat shall have Halqa Majlis comprising all the persons whose names are included in the electoral roll for such Halqa Panchayat.
(2b) The Sarpanch shall, convene at lease 2[four meetings] of Halqa Majlis during a financial year.]
(3) Every Halqa Panchayat shall consist of such number of Panches not less than seven and not more than eleven 3[excluding the sarpanch] as the prescribed authority may, from time to time, fix in this behalf :
4[Provided that the 5[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 5[sarpanch and panch seats] so reserved shall bear, as nearly as may be, the same proportion to the 6[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 5[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 of 5[sarpanch 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 5[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 :
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 7[Jammu and Kashmir Panchayati Raj (Amendment ) Act, 2014].]
8[(3A) The Sarpanch shall be elected directly by the electorate of Halqa Panchayat in such manner as may be prescribed.]
9[x x x x]
10[(4) 11[The Naib-Sarpanch] shall be elected by the Panches of the Halqa Panchayat from among themselves at the first notified meeting of the Halqa Panchayat after its constitution.
(5) The Panches shall be elected from the constituencies delimited by the prescribed authority in accordance with the rules.
(6) There shall be notified the name of the Sarpanch and the names of the Panches duly elected in accordance with the provisions of this Act and rules framed thereunder. Upon the issue of such notification, the Halqa Panchayat shall be deemed to be duly constituted.
12[(7) The Village Level Worker or Multipurpose Worker or Gram Sevika shall be the Secretary of the Halqa Panchayat.]
(8) Every Halqa Panchayat shall be a body corporate known by the name “The Halqa Panchayat of ––––––––––––” and shall have perpetual succession and a common seal and may sue and be sued by its corporate name subject to such conditions or restrictions as the Government may specify, in the rules.]
(2) Every Halqa Panchayat shall bear the name of the place where it is headquartered.
1[(2a) Every Halqa Panchayat shall have Halqa Majlis comprising all the persons whose names are included in the electoral roll for such Halqa Panchayat.
(2b) The Sarpanch shall, convene at lease 2[four meetings] of Halqa Majlis during a financial year.]
(3) Every Halqa Panchayat shall consist of such number of Panches not less than seven and not more than eleven 3[excluding the sarpanch] as the prescribed authority may, from time to time, fix in this behalf :
4[Provided that the 5[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 5[sarpanch and panch seats] so reserved shall bear, as nearly as may be, the same proportion to the 6[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 5[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 of 5[sarpanch 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 5[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 :
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 7[Jammu and Kashmir Panchayati Raj (Amendment ) Act, 2014].]
8[(3A) The Sarpanch shall be elected directly by the electorate of Halqa Panchayat in such manner as may be prescribed.]
9[x x x x]
10[(4) 11[The Naib-Sarpanch] shall be elected by the Panches of the Halqa Panchayat from among themselves at the first notified meeting of the Halqa Panchayat after its constitution.
(5) The Panches shall be elected from the constituencies delimited by the prescribed authority in accordance with the rules.
(6) There shall be notified the name of the Sarpanch and the names of the Panches duly elected in accordance with the provisions of this Act and rules framed thereunder. Upon the issue of such notification, the Halqa Panchayat shall be deemed to be duly constituted.
12[(7) The Village Level Worker or Multipurpose Worker or Gram Sevika shall be the Secretary of the Halqa Panchayat.]
(8) Every Halqa Panchayat shall be a body corporate known by the name “The Halqa Panchayat of ––––––––––––” and shall have perpetual succession and a common seal and may sue and be sued by its corporate name subject to such conditions or restrictions as the Government may specify, in the rules.]
1. Sub-sections (2a) and (2b) inserted by Act III of 1999, s. 2, w.e.f. 16-4-1999. 2. Substituted by S.O. 3654(E) dated 16.10.2020 for “two meetings”. 3. Substituted ibid for “including the sarpanch”. 4. Substituted by Act II of 2004. 5. Substituted for “panch seats” by Act VI of 2014, s. 3, w.e.f. 1-6-2014. 6. Substituted by S.O.3654(E) dated 16.10.2020 for “total number of sarpanch and panch seats in that panchayat”. 7. Substituted by Act VI of 2014, s. 3, w.e.f. 1-6-2014. 8. Sub-section (3A) inserted by S.O. 3654(E) dated 16.10.2020. 9. Existing sub-section (4) omitted by Act XIII of 2016, s. 2. 10. Existing sub-sections (5), (6), (7) (8) and (9) re-numbered by Act XIII of 2016, s. 2. 11. Substituted by S.O. 3654(E) dated 16.10.2020 for “the Sarpanch and Naib-Sarpanch”. 12. Sub-section (8) substituted by Act IV of 2002, s. 2. It has now been renumbered as sub-section (7) by Act XIII of 2016, s. 2.