Daya Sagar
ORDER 2020 S.O. 3654(E) of the 16th October issued in exercise of the powers conferred by section 96 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), and of all other powers enabling the Central Government in that behalf named as the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fourth Order, 2020 also included amended The Jammu and Kashmir Panchayati Raj Act, 1989 (Act No. IX of 1989)with a new Section by the name Section -2A reading ” Throughout the Act, for “District Planning and Development Board” ,wherever occur, substitute “the District Development Council”. Hence now the District Planning and Development Board has been replaced by The District Development Council that will also have members specifically elected only for this purpose in addition to local MLA/ MP.
8 Amended Jammu & Kashmir Panchayati Raj Act
( Act IX of 1989) does have some good
8Amended J&K Panchayati Raj Act aims involving
population at zero level in micro Planning & Audit
Constitution of Block development Councils and Powers& functions of Block Development Council ( Section-31 ) are heartening but are to be tested on ground for functions like (i) compilation of all Panchayat level plans and their timely submission to District Planning and Development Board ( ofcourse it should have been District development Council) for integration with District Plan; and like.
No doubt the intentions of Government of India appear very very fair and immediate since it has been also laid down in Section 36 that .- (i) In sub-section (1), for the second proviso substitute- “Provided further that for purposes of holding general elections under this Act upto December, 2020 or until a full time State Election Commissioner is appointed earlier, the superintendence, direction and control of the preparation of electoral rolls and conduct of, all elections in accordance with this Act shall vest in the Chief Electoral Officer”; (iii) in sub-section (3), insert – “Provided that when the Proclamation under Section- 73 of the Jammu and Kashmir Reorganisation Act, 2019 is in force, State Election Commissioner shall be appointed by the Lieutenant Governor of Union territory of Jammu and Kashmir”;. So,in case all work is successfully done by appointed date then establishing the needed dedicated infrastructure to start the functions further is going to be a big challenge.
Ofcourse on the face of it the amendments surely are in the cause of fair, intimate and common man focussed direction. But the contents of the substituted text of Section-45 of the Act ( Establishment of District Development Council ) laying down that there shall be a District Development Council, having jurisdiction, over the entire district excluding, such portions of the district as are included in a Municipality or Municipal Corporation constituted under any
