Section 4 in Jammu and Kashmir Panchayati Raj Act, 1989
4. Establishment and constitution of Halqa Panchayat.
(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.(2-a) Every Halqa Panchayat shall have Halqa Majli's comprising all the persons whose names are included in the electoral roll for such Halqa Panchayat.(2-b) The Sarpanch shall convene at least two meetings of Halqa Majli's during a financial year.(3)Every Halqa Panchayat shall consist of such number of Panches not less than seven and not more than eleven [excluding the Sarpanch] [Substituted 'including the Sarpanch' by Act No. 5 of 2018, dated 8.8.2018.], as the prescribed authority may, from time to time, fix in this behalf :[Provided that the Panch seats shall be reserved for -(a)the Scheduled Castes ; and(b)the Scheduled Tribesin every Halqa Panchayat and the number of Panch seats so reserved shall bear, as nearly as may be, the same proporation to the [total number of panch seats to be filled by direct election in that panchayat] [Substituted by Act II of 2004.] 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 Panch seats may be alloted 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 Punch seats reserved under above provsio 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 Panch seats reserved for women belonging to Scheduled Castes and the Schduled 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 consituencies 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 Jammu and Kashmir Panchayati Raj (Second Amendment) Act, 2003.][(3-A) The Sarpanch shall be elected directly by the electorate of Halqa Panchayat in such manner as may be prescribed.] [Inserted by Act No. 4 of 2018, dated 17.7.2018.][***] [Omitted '(4) The Sarpanch shall convene at lease two meetings of Halqa Majlis during a Financial year;' by Act No. 13 of 2016, dated 18.12.2016.](4)[] [Renumbered '(5)' by Act No. 13 of 2016, dated 18.12.2016.] [The Naib-Sarpanch] [Substituted 'the sarpanch and Naib-Sarpanch' by Act No. 4 of 2018, dated 17.7.2018.] 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)[] [Renumbered '(6)' by Act No. 13 of 2016, dated 18.12.2016.] The Panches shall be elected from the constituncies delimited by the prescribed authority in accordance with the rules.(6)[] [Renumbered '(7)' by Act No. 13 of 2016, dated 18.12.2016.] 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.[[(7)] [Substituted by Act IV of 2000 (S-3).] The Village Level Worker or Multipurpose worker or Gramsevika shall be the Secretary of the Halqa Panchayat.](8)[] [Renumbered '(9)' by Act No. 13 of 2016, dated 18.12.2016.] 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.
