धारा 39-A · Constitution of Ward Committees

¹[39A. Constitution of Ward Committees. ––(1) There shall be constituted by the Corporation a Ward Committee for each ward in a Corporation within a period of six months from the date appointed for its first meeting referred to in sub-section (1) of section 36 :

Provided that where a Corporation has been constituted before the commencement of the Jammu and Kashmir Reorganization Act, 2019,(34 of 2019) the Ward Committee shall be constituted within two years from such commencement.

(2) Each Ward Committee shall consist of––

(i) the member of the Municipal Corporation representing the ward, who shall be the chairperson of the Ward Committee ;

(ii) the Area Sabha representative, if any, of the area situated in the ward ; and

(iii) not more than ten electors representing the civil society from the ward, to be nominated by the Municipal Corporation in such manner as may be prescribed :

Provided that if the population of the ward does not exceed ten thousand, the number of nominated members shall be four, and if the population of the ward exceeds ten thousand, there shall be one additional member for every four thousand population or part thereof in excess of ten thousand :

Provided further that in reckoning the number of additional members of the Ward Committee exceeding four, any part of population less than four thousand shall be ignored :

Provided also that half of the persons to be nominated the expression to the Ward Committee shall be women.

Explanation.–– For the purpose of this section and section 39B, the expression “civil society” means any non-Governmental organisation or association of persons established, constituted or registered under any law for the time being in force, working for social welfare, and includes any community based organisation, residents welfare association, professional institution or any civic, health and educational institution or any social or cultural body or any trade or industrial organisation or other stakeholders or such other association or body, as may be prescribed.

(3) A person shall be disqualified for being nominated as, and for being, a member of the Ward Committee if he is disqualified for being chosen as, and for being, a member of a Municipal Corporation under the provisions of this Act.

(4) The term of office of Ward Committee shall be co-terminus with the term of office of the Municipal Corporation.

(5) The manner of conduct of business at the meetings of the Ward Committee shall be such as may be prescribed.

(6) The Ward Committee shall discharge the following functions, namely:––

(i) supervision and monitoring of the ––

(a) sanitation work and drainage maintenance ;

(b) distribution of water supply ;

(c) working of the street lights ;

(d) minor repair of roads ;

(e) maintenance of markets ;

(f) maintenance of parks and playgrounds ; and

(g) implementation of poverty alleviation programmers ;

(ii) monitoring the functioning of schools, maternity centres, dispensaries and health centres wherever they are under control of the Municipal Corporation ;

(iii) facilitation in the collection of taxes ;

(iv) preparation of list of beneficiaries for beneficiary oriented schemes, pensions and subsidies ;

(v) prepare an annual ward development plan in a manner consistent with the rules to be prescribed ;

(vi) map the ward infrastructure index ;

(vii) preparation of inventory of municipal assets ; assistance in the implementation of all Government schemes ; and

(viii) any other function as may be prescribed.

(7) Every Ward Committee shall be empowered to––

(i) seek information from the Commissioner regarding any matter relating to the ward ;

(ii) obtain information about the master plan and zonal developmental plan of the Municipal Corporation ;

(iii) obtain information relating to Municipal Corporation budget ;

(iv) be consulted in the development of land use and zoning regulations within the ward ; and

(v) obtain full details of all revenue items relating to the Ward.

(8) The Municipal Corporation shall allocate twenty percent of the amount earmarked in the annual budget of the Municipal Corporation for maintenance of services relating to sanitation, water supply, drainage, roads, street lighting, parks, markets etc. to all Ward Committees enabling them to perform the functions as specified in sub-section (6).

(9) The Ward Committee may, from time to time, appoint from amongst its members such sub-committees, consisting of such number of members as it may think fit, and may refer to such sub-committees for enquiry or opinion any matter relating to the functions entrusted to it.