1[9. Appointment of Administrator. ––(1) (a) If the Government is satisfied
that a Halqa Panchayat for a village or a group of villages immediately after the
establishment of such Halqa Panchayat cannot be constituted––
(i) by reason of any difficulty in holding the election of the members of the Halqa Panchayat ; or
(ii) by reason of failure to elect such members at two successive elections held under the provisions of this Act ; or
(iii) because of any other sufficient reason whatsoever ; or
(b) If at any general election to a Halqa Panchayat, either no member is elected or Sarpanch is elected but no other member is elected or other members are elected but Sarpanch is not elected,
the Government shall by notification appoint an Administrator, who shall be an employee of the Government :
Provided that an Administrator so appointed shall hold office for a period of six months which may be extended by the Government for a period of three months by a notification in the Official Gazette.
(2) If in the opinion of the Government, or any other officer authorised by it, but not below the rank of Additional District Magistrate, a Halqa Panchayat is incompetent to perform or persistently makes default in the performance of duties imposed on it by or under any of the provisions of this Act, or otherwise through Government instructions, the Government or such officer after the approval of the Government may, by notification, based on the recommendations of the Ombudsman, supersede such Halqa Panchayat and appoint an Administrator, who is an employee of the Government for carrying out the work of Halqa Panchayat :
Provided that no order under this sub-section shall be passed unless Halqa Panchayat is called upon to show cause why such order shall not be passed :
Provided further that explanation tendered by the Halqa Panchayat shall be forwarded to the Ombudsman appointed under the Jammu and Kashmir Ombudsman for Panchayats Act, 2014 for consideration and recommendation to the Government or officer authorised by it.
(3) The period of supersession shall not exceed six months during which the elections for the said Halqa Panchayat shall be held.
(4) The Administrator appointed under sub-section (2) shall hold office for such period not exceeding six months as the Government or officer authorised by it, may specify in the notification under sub-section (1) or subsection (2).
(5) On the appointment of an Administrator under sub-section (2),––
(i) the persons, if any, chosen as members of Halqa Panchayat, including Sarpanch before such appointment shall cease to be members of Halqa Panchayat and all the powers and duties of the Halqa Panchayat shall be exercised and performed by such Administrator ;
(ii) the funds and other property vested in the Halqa Panchayat shall, during the period of supersession, vest in the Administrator appointed under this section.
(6) The Administrator appointed under sub-sections (1) and (2), shall be deemed to be Halqa Panchayat for the purposes of this Act, notwithstanding anything contained in the foregoing provisions.]
(i) by reason of any difficulty in holding the election of the members of the Halqa Panchayat ; or
(ii) by reason of failure to elect such members at two successive elections held under the provisions of this Act ; or
(iii) because of any other sufficient reason whatsoever ; or
(b) If at any general election to a Halqa Panchayat, either no member is elected or Sarpanch is elected but no other member is elected or other members are elected but Sarpanch is not elected,
the Government shall by notification appoint an Administrator, who shall be an employee of the Government :
Provided that an Administrator so appointed shall hold office for a period of six months which may be extended by the Government for a period of three months by a notification in the Official Gazette.
(2) If in the opinion of the Government, or any other officer authorised by it, but not below the rank of Additional District Magistrate, a Halqa Panchayat is incompetent to perform or persistently makes default in the performance of duties imposed on it by or under any of the provisions of this Act, or otherwise through Government instructions, the Government or such officer after the approval of the Government may, by notification, based on the recommendations of the Ombudsman, supersede such Halqa Panchayat and appoint an Administrator, who is an employee of the Government for carrying out the work of Halqa Panchayat :
Provided that no order under this sub-section shall be passed unless Halqa Panchayat is called upon to show cause why such order shall not be passed :
Provided further that explanation tendered by the Halqa Panchayat shall be forwarded to the Ombudsman appointed under the Jammu and Kashmir Ombudsman for Panchayats Act, 2014 for consideration and recommendation to the Government or officer authorised by it.
(3) The period of supersession shall not exceed six months during which the elections for the said Halqa Panchayat shall be held.
(4) The Administrator appointed under sub-section (2) shall hold office for such period not exceeding six months as the Government or officer authorised by it, may specify in the notification under sub-section (1) or subsection (2).
(5) On the appointment of an Administrator under sub-section (2),––
(i) the persons, if any, chosen as members of Halqa Panchayat, including Sarpanch before such appointment shall cease to be members of Halqa Panchayat and all the powers and duties of the Halqa Panchayat shall be exercised and performed by such Administrator ;
(ii) the funds and other property vested in the Halqa Panchayat shall, during the period of supersession, vest in the Administrator appointed under this section.
(6) The Administrator appointed under sub-sections (1) and (2), shall be deemed to be Halqa Panchayat for the purposes of this Act, notwithstanding anything contained in the foregoing provisions.]
1. Section 9 substituted by S.O. 3654(E) dated 16.10.2020.