(1) In this Act, unless the context otherwise requires,––

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(a) “Block” means area comprising such contiguous number of Halqas as may be determined by the ¹[Government of the Union territory of Jammu and Kashmir] from time to time ;

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(b) “Block Development Council” means Block Development Council constituted under section 27 of this Act ;

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(c) “Building” includes any shop, house, hut, out-house, shed, stable, superstructure and land appurtenent to a building whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever, and includes a well and a wall but does not include mudwall built round agricultural land not abutting on the public road ;

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(d) “Case” means criminal proceedings in respect of an offence triable by a Halqa Panchayati Adalat ;

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(e) ²[“Chairperson”] means the ²[Chairperson] of––

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(i) the Panchayati Adalat ;

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(ii) the Block Development Council ;

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³[(iii) the District Development Council ;

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(iv) District Planning Committee] ;

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⁴[(ee) “Commission” means the ‘State Election Commission’ constituted under section 36 of this Act ;]

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(f) “Constituency” means a ward for which a member is to be or has been elected ;

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⁵[(g) “District Development Council” means a District Development Council constituted under this Act ;

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(gg) “District Planning Committee” means a District Planning Committee constituted under this Act ;]

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⁶[(h) “Election Authority” means the ‘State Election Commission’ constituted under section 36 of this Act] ;

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(i) “Electoral Roll” means the rolls as may be prepared in accordance with the provisions of this Act ;

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(j) “Halqa” means the area comprising a village or such contiguous number of villages as may be determined by the ⁷[Election Authority] from time to time :

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Provided that the Halqa shall be determined in such a manner that the population of any Halqa does not ⁸[ordinarily] exceed 3,000 in the hilly areas and 4,500 in the plain areas :

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Provided futher that ⁸[ordinarily] the unit of a village shall not be disturbed :

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⁹[Provided also that fresh determination of Halqas shall be undertaken only after the population figures of general census are published :

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Provided futher that such fresh delimitation of Halqas shall not effect the representation of the existing Panchs and Sarpanchs] ;

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¹⁰[(jj) “Halqa Majlis” means all the voters of a Halqa Panchayat] :

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(k) “Halqa Panchayat” means a Halqa Panchayat constituted under section 4 of this Act ;

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(l) “Naib-Sarpanch” means the Naib-Sarpanch of the Halqa Panchayat ;

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(m) “Panch” means member of Halqa Panchayat whether elected or nominated under this Act ;

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¹¹[x x x x] ;

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(n) “Panchayati Adalat” means a Panchayati Adalat constituted under section 47 of this Act for the purpose of trial of suits and cases ;

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(o) “Prescribed” means prescribed by rules made under this Act ;

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(p) “Prescribed Authority “means authority as may be appointed by the ¹[Government of the Union territory of Jammu and Kashmir], by notification, for all or any of the provisions of this Act ;

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(q) “Rules” means rules made under this Act ;

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(r) “Sarpanch” means the Sarpanch of the Halqa Panchayat ;

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(s) “Schedule” means the Schedule appended to this Act ;

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(t) “Suit” means a civil suit ;

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(u) “¹²[Vice-Chairperson]’’ means the ¹²[Vice-Chairperson] of––

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(i) the Block Development Council ;

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¹³[(ii) the District Development Council ;]

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(v) “Village” means a parcel or parcels of land having a separate name and known limits in the revenue records and not included in the limits of a Municipality, Cantonment or Towm Area Committee or Notified Area Committee.

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(2) In this Act, the expressions “decree”, “decree-holder”, “judgement debtor”, “legal representative” and “movable property” shall have the same meaning as is assigned to them in the ¹⁴[Code of Civil Procedure, 1908 (5 of 1908)].

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1. Substituted by S.O. 3654(E) dated 16.10.2020 for “Government”.
2. Substituted for “Chairman” by Act XIII of 2016, s. 12.
3. Substituted for sub-clause (iii) by S.O. 3654(E) dated 16.10.2020.
4. Clause (ee) inserted by Act XV of 2011, s. 2.
5. Substituted for clause (g) by S.O. 3654(E) dated 16.10.2020.
6. Clause (h) substituted ibid.
7. Substituted for “Government” by Act VI of 2014, s. 2, w.e.f. 1-6-2014.
8. Inserted by Act XXII of 1997, s. 2.
9. Provisos inserted by Act XXII of 1997, s. 2.
10. Clauses (jj) and (mm) inserted by Act III of 1999, s. 2.
11. Claue (mm) omitted by S.O. 3654(E) dated 16.10.2020.
12. Substituted for “Vice-Chairman” by Act XIII of 2016, s. 12.
13. Sub-clause (ii) substituted by S.O. 3654(E) dated 16.10.2020.
14. Substituted ibid for “Code of Civil Procedure, Samvat 1977”.

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