*No focus on establishment of Adalats, creation of fund
Tendering of even small works hampering development
Mohinder Verma
JAMMU, Mar 9: Despite tall claims of the Government of Union Territory of Jammu and Kashmir about strengthening the grass-root level democratic institutions in the rural areas, several key provisions of the Panchayati Raj Act are yet to be implemented. Moreover, tendering of even small works is hampering the developmental activities much to the disappointment of the elected representatives of the people.
After regular intervals the Government comes out with official statements mentioning that Panchayats have been completely empowered strictly as per the provisions of the Panchayati Raj Act and they are functioning smoothly and up to the satisfaction of the people.
“However, the fact is that several key provisions of the law have yet not been implemented by the Department of Rural Development and Panchayati Raj without any plausible reason”, official sources told EXCELSIOR, adding “the continuous non-serious approach is notwithstanding the fact that a body of the representatives of the Panchayats has highlighted the necessity of implementing these provisions at various level in the Government a number of times”.
The Section 48 of the Act states: “There shall be a Panchayati Adalat for every Halqa and the Adalat shall comprise five members who shall be nominated by the prescribed authority out of the panel prepared and recommended by Halqa Panchayat out of its electorate”. Similarly, Section 50 read: “The members of a Panchayati Adalat shall elect any member from amongst themselves to be the Chairperson of such Panchayati Adalat”.
However, no serious attention has been paid towards implementation of these provisions of the law as a result of which Panchayati Adalats have not been constituted till date, sources said, adding “it seems that Government doesn’t understand the importance of such Adalats, which otherwise can go a long way in reducing the burden on the Jammu and Kashmir Police and judiciary”.
As per the law, these Adalats can deal with the offences of driving or riding on a public way so rashly or negligently as to endanger human life, committing a public nuisance, doing any act which endangers human life or personal safety of others, wrongly restraining any person, assault or use of criminal force otherwise than on grave provocations etc.
Moreover, these Adalats can take cognizance of suits for ascertained sums not exceeding three thousand rupees; suits for damages not exceeding three thousand rupees for breach of contract not effecting immovable property; suits for compensation for wrongly taking or injuring movable property not exceeding three thousand rupees in value; suits for specific movable property or for the value thereof not exceeding three thousand rupees only.
Moreover, any Magistrate before whom a complaint or report by the police of any offence triable by a Panchayati Adalat is brought or who takes cognizance of any such offence upon his knowledge or suspicion shall transfer the proceedings to a Panchayati Adalat of competent jurisdiction.
“Even there is no implementation of Section 14, which lays thrust on creation of Halqa Panchayat Fund, which shall comprise of taxes and fees levied by Panchayat; proceeds from the property and enterprises run by Halqa Panchayat; court fees, fines and compensation paid to Halqa Panchayat”, sources said, adding “the body of representatives of Panchayats had raised the issue of implementation of this provision of law a number of times with the Government but till date no seriousness has been shown”.
According to the sources, the tendering of even works to the tune of Rs 1 lakh is also hampering the developmental activities and objections on this move of the Government have not been taken seriously. “In other Himalayan States the Gram Panchayats allot worth up to Rs 3 lakh to the local villagers in order to generate employment opportunities and to ensure smooth work but in J&K tendering of even Rs one lakh worth work is being done and due to number of conditions the locals are getting discouraged”, they added.
“If the Government really wants the works to be executed in the shortest possible time tenders should not be floated for works up to Rs 3 lakh”, body of representatives of Panchayats said.
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