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The state legislature may make provision with respect to all matters | relating to elections to the panchayats. | Powers and Functions |
The state legislature may endow the Panchayats with such powers | and authority as may be necessary to enable them to function as | institutions of self-government. Such a scheme may contain provisions |
for the devolution of powers and responsibilities upon Panchayats at | the appropriate level with respect to (a) the preparation of plans for | economic development and social justice; (b) the implementation of |
schemes for economic development and social justice as may be | entrusted to them, including those in relation to the 29 matters listed in | the Eleventh Schedule. |
Finances | The state legislature may (a) authorise a panchayat to levy, collect | and appropriate taxes, duties, tolls and fees; (b) assign to a panchayat |
taxes, duties, tolls and fees levied and collected by the state | government; (c) provide for making grants-in-aid to the panchayats | from the consolidated fund of the state; and (d) provide for constitution |
of funds for crediting all moneys of the panchayats. | Finance Commission | The governor of a state shall, after every five years, constitute a |
finance commission to review the financial position of the panchayats. | It shall make the following recommendations to the Governor: | 1. The principles that should govern: |
(a) The distribution between the state and the panchayats of the | net proceeds of the taxes, duties, tolls and fees levied by the | state and allocation of shares amongst the panchay-ats at all |
levels. | (b) The determination of taxes, duties, tolls and fees that may | be assigned to the panchayats. |
(c) The grants-in-aid to the panchayats from the consolidated | fund of the state. | 2. The measures needed to improve the financial position of the |
panchayats. | 3. Any other matter referred to it by the governor in the interests of | sound finance of the panchayats. |
The state legislature may provide for the composition of the | commission, the required qualifications of its members and the | manner of their selection. |
The governor shall place the recommendations of the commission | along with the action taken report before the state legislature. | The Central Finance Commission shall also suggest the measures |
needed to augment the consolidated fund of a state to supplement the | resources of the panchayats in the states (on the basis of the | recommendations made by the finance commission of the state). |
Audit of Accounts | The state legislature may make provisions with respect to the | maintenance of accounts by the panchayats and the auditing of such |
accounts. | Application to Union Territories | The provisions of this Part are applicable to the Union territories. But, |
the President may direct that they would apply to a Union territory | subject to such exceptions and modifications as he may specify. | Exempted States and Areas |
The act does not apply to the states of Nagaland, Meghalaya and | Mizoram and certain other areas. These areas include, (a) the | scheduled areas and the tribal areas in the states5 ; (b) the hill areas |
of Manipur for which district councils exist; and (c) Darjeeling district of | West Bengal for which Darjeeling Gorkha Hill Council exists. | However, the Parliament may extend the provisions of this Part to |
has enacted the “Provisions of the Panchayats (Extension to the | Scheduled Areas Act”, 1996, popularly known as the PESA Act or the | Extension Act. |
Continuance of Existing Laws and Panchayats | All the state laws relating to panchayats shall continue to be in force | until the expiry of one year from the commencement of this act. In |
other words, the states have to adopt the new panchayati raj system | based on this act within the maximum period of one year from 24 | April, 1993, which was the date of the commencement of this act. |
However, all the panchayats existing immediately before the | commencement of act shall continue till the expiry of their term, unless | dissolved by the state legislature sooner. |
Consequently, majority of states passed the panchayati raj acts in | 1993 and 1994 to adopt the new system in accordance with the 73rd | Constitutional Amendment Act of 1992. |
Bar to Interference by Courts in Electoral Matters | The act bars the interference by courts in the electoral matters of | panchayats. It declares that the validity of any law relating to the |
delimitation of constituencies or the allotment of seats to such | constituencies cannot be questioned in any court. It further lays down | that no election to any panchayat is to be questioned except by an |
election petition presented to such authority and in such manner as | provided by the state legislature. | Eleventh Schedule |
It contains the following 29 functional items placed within the purview | of panchayats: | 1. Agriculture, including agricultural extension |
2. Land improvement, implementation of land reforms, land | consolidation and soil conservation | 3. Minor irrigation, water management and watershed development |
4. Animal husbandry, dairying and poultry | 5. Fisheries | 6. Social forestry and farm forestry |
7. Minor forest produce | 8. Small-scale industries, including food processing industries | 9. Khadi, village and cottage industries |
12. Fuel and fodder | 13. Roads, culverts, bridges, ferries, waterways and other means of | communication |
14. Rural electrification, including distribution of electricity | 15. Non-conventional energy sources | 16. Poverty alleviation programme |
17. Education, including primary and secondary schools | 18. Technical training and vocational education | 19. Adult and non-formal education |
20. Libraries | 21. Cultural activities | 22. Markets and fairs |
23. Health and sanitation including hospitals, primary health centres | and dispensaries | 24. Family welfare |
25. Women and child development | 26. Social welfare, including welfare of the handicapped and | mentally retarded |
27. Welfare of the weaker sections, and in particular, of the | scheduled castes and the scheduled tribes | 28. Public distribution system |
COMPULSORY AND VOLUNTARY PROVISIONS | Now, we will identify separately the compulsory (obligatory or | mandatory) and voluntary (discretionary or optional) provisions |
(features) of the 73rd Constitutional Amendment Act (1992) or the Part | IX of the Constitution: | A. Compulsory Provisions |
1. Organisation of Gram Sabha in a village or group of villages. | 2. Establishment of panchayats at the village, intermediate and | district levels. |
3. Direct elections to all seats in panchay-ats at the village, | intermediate and district levels. | 4. Indirect elections to the post of chairperson of panchayats at the |
intermediate and district levels. | 5. Voting rights of the chairperson and other members of a | panchayat elected directly or indirectly. |
6. 21 years to be the minimum age for contesting elections to | panchayats. | 7. Reservation of seats (both members and chairpersons) for SCs |
and STs in panchayats at all the three levels. | 8. Reservation of one-third seats (both members and chairpersons) | for women in panchayats at all the three levels. |
9. Fixing tenure of five years for panchay-ats at all levels and | holding fresh elections within six months in the event of | supersession of any panchayat. |
10. Establishment of a State Election Commission for conducting | elections to the panchayats. | 11. Constitution of a State Finance Commission after every five |
years to review the financial position of the panchayats. | B. Voluntary Provisions | 1. Endowing the Gram Sabha with powers and functions at the |
village level. | 2. Determining the manner of election of the chairperson of the | village panchayat. |
state not having intermediate panchayats, in the district | panchayats. | 4. Giving representation to the chairpersons of the intermediate |
panchayats in the district panchayats. | 5. Giving representation to members of the Parliament (both the | Houses) and the state legislature (both the Houses) in the |
panchayats at different levels falling within their constituencies. | 6. Providing reservation of seats (both members and chairpersons) | for backward classes in panchayats at any level. |
7. Granting powers and authority to the panchayats to enable them | to function as institutions of self-government (in brief, making | them autonomous bodies). |
8. Devolution of powers and responsibilities upon panchayats to | prepare plans for economic development and social justice; and | to perform some or all of the 29 functions listed in the Eleventh |
Schedule of the Constitution. | 9. Granting financial powers to the panchayats, that is, authorizing | them to levy, collect and appropriate taxes, duties, tolls and fees. |
10. Assigning to a panchayat the taxes, duties, tolls and fees levied | and collected by the state government. | 11. Making the grants-in-aid to the panchay-ats from the |
consolidated fund of the state. | 12. Providing for constitution of funds for crediting all moneys of the | panchayats. |
PESA ACT OF 1996 (EXTENSION ACT) | The provisions of Part IX of the constitution relating to the Panchayats | are not applicable to the Fifth Schedule areas. However, the |
Parliament may extend these provisions to such areas, subject to | such exceptions and modifications as it may specify. Under this | provision, the Parliament has enacted the “Provisions of the |
Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly | known as the PESA Act or the Extension Act. | At present (2019), ten states have Fifth Schedule Areas. These are: |
Andhra Pradesh, Telangana, Chhatisgarh, Gujarat, Himachal Pradesh, | Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. All | the ten states have enacted requisite compliance legislations by |
amending the respective Panchayati Raj Acts. | Objectives of the Act | The objectives of the PESA Act are as follows6 : |
1. To extend the provisions of Part IX of the Constitution relating to | the panchayats to the scheduled areas with certain modifications | 2. To provide self-rule for the bulk of the tribal population |
3. To have village governance with participatory democracy and to | make the gram sabha a nucleus of all activities | 4. To evolve a suitable administrative framework consistent with |
traditional practices | 5. To safeguard and to preserve the traditions and customs of tribal | communities |
6. To empower panchayats at the appropriate levels with specific | powers conducive to tribal requirements | 7. To prevent panchayats at the higher level from assuming the |
powers and authority of panchayats at the lower level of the | gram sabha | Features of the Act |
The features (or the provisions) of the PESA Act are as follows: | 1. A state legislation on the Panchayats in the Scheduled Areas | shall be in consonance with the customary law, social and |
2. A village shall ordinarily consist of a habitation or a group of | habitations or a hamlet or a group of hamlets comprising a | community and managing its affairs in accordance with traditions |
and customs. | 3. Every village shall have a Gram Sabha consisting of persons | whose names are included in the electoral rolls for the |
Panchayat at the village level. | 4. Every Gram Sabha shall be competent to safeguard and | preserve the traditions and customs of the people, their cultural |
identity, community resources and the customary mode of | dispute resolution. | 5. Every Gram Sabha shall– |
(i) approve of the plans, programmes and projects for social | economic development before they are taken up | implementation by the Panchayat at the village level; and |
(ii) be responsible for the identification of beneficiaries under | poverty alleviation and other programmes. | 6. Every Panchayat at the village level shall be required to obtain |
from the Gram Sabha a certification of utilisation of funds for the | above plans, programmes and projects. | 7. The reservation of seats in the Scheduled Areas in every |
Panchayat shall be in proportion to the population of the | communities for whom reservation is sought to be given under | Part IX of the Constitution. However, the reservation for the |
Scheduled Tribes shall not be less than one-half of the total | number of seats. Further, all seats of Chairpersons of | Panchayats at all levels shall be reserved for the Scheduled |
Tribes. | 8. The state government may nominate such Scheduled Tribes | which have no representation in the Panchayat at the |
intermediate level or the Panchayat at the district level. But such | nomination shall not exceed one-tenth of the total members to | be elected in that Panchayat. |
9. The Gram Sabha or the Panchayats at the appropriate level | shall be consulted before making the acquisition of land in the | Scheduled Areas for development projects and before resettling |
or rehabilitating persons affected by such projects in the | Scheduled Areas. However, the actual planning and | implementation of the projects in the Scheduled Areas shall be |
10. Planning and management of minor water bodies in the | Scheduled Areas shall be entrusted to Panchayats at the | appropriate level. |
11. The recommendations of the Gram Sabha or the Panchayats at | the appropriate level shall be mandatory for grant of prospecting | licence or mining lease for minor minerals in the Scheduled |
Areas. | 12. The prior recommendation of the Gram Sabha or the | Panchayats at the appropriate level shall be mandatory for grant |
of concession for the exploitation of minor minerals by auction. | 13. While endowing Panchayats in the Scheduled Areas with such | powers and authority as may be necessary to enable them to |
function as institutions of self-government, a State Legislature | shall ensure that the Panchayats at the appropriate level and the | Gram Sabha are endowed specifically with– |
(i) the power to enforce prohibition or to regulate or restrict the s | and consumption of any intoxicant | (ii) the ownership of minor forest produce |
(iii) the power to prevent alienation of land in the Scheduled Ar | and to take appropriate action to restore any unlawfully aliena | land of a Scheduled Tribe |
(iv) the power to manage village markets | (v) the power to exercise control over money lending to | Scheduled Tribes |
(vi) the power to exercise control over institutions and functionarie | all social sectors | (vii) the power to control local plans and resources for such pl |
including tribal sub-plans | 14. The State Legislations shall contain safeguards to ensure that | Panchayats at the higher level do not assume the powers and |
authority of any Panchayat at the lower level or of the Gram | Sabha. | 15. The State Legislature shall endeavour to follow the pattern of |
the Sixth Schedule to the Constitution while designing the | administrative arrangements in the Panchayats at district levels | in the Scheduled Areas. |
16. Any provision of any law (relating to Panchayats in the | Scheduled Areas) which is inconsistent with the provisions of | this Act shall cease to be in force at the expiry of one year from |
However, all the Panchayats existing immediately before such | date shall continue till the expiry of their term, unless dissolved | by the State Legislature sooner. |
FINANCES OF PANCHAYATI RAJ | The Second Administrative Reforms Commission of India (2005– | 2009) has summarized the sources of revenue of the Panchayati Raj |
Institutions (PRIs) and their financial problems in the following way7a: | 1. A major portion of Part IX of the Constitution deals with | structural empowerment of the PRIs but the real strength in |
terms of both autonomy and efficiency of these institutions is | dependent on their financial position (including their capacity to | generate own resources). In general, Panchayats in our country |
receive funds in the following ways: | (i) Grants from the Union Government based on | recommendations of the Central Finance Commission as |
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