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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