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COMPOSITION OF PANCHAYATS
(1) Subject to the provisions of this part, the legislature of state
may, by law, make provisions with respect to the composition of Panchayats;
provided that the ratio between the population of the territorial area
of a Panchayat at any level and the number of seats in such Panchayats
to be filled by election shall, so far as practicable, be the same throughout
the State.
(2) All the seats in the Panchayat shall be filled by persons chosen
by direct election from territorial constituencies in the Panchayat area
and, for this purpose, each Panchayat area shall be divided into territorial
constituencies in such a manner that the ratio between the population
of each constituency and the number of seats allotted to it shall, so
far as practicable, be the same throughout the Panchayat area.
(3) The legislature of a State may, by law, provide for the representation:
- of the Chairpersons of the Panchayats at the village level, in
the Panchayats at the intermediate level or, in the a State not having
Panchayats at the intermediate level, in the Panchayats at the district
level;
- of the Chairperson of the Panchayats at the intermediate
level, in the Panchayats at the district level;
- of the members of
the House of People and the member of Legislative Assembly of the
State representing constituents which comprise wholly or partly a Panchayat
area at a level other than the village level, in such a Panchayat;
- of the members of the Council of States and the member of Legislative
Council of the State, where they are registered as electors within:
- A Panchayat area at the intermediate level, in
Panchayat at the intermediate level
- A Panchayat area at the district level, in the Panchayat
at the district level
(4) The Chairperson of a Panchayat and other members of the Panchayat
whether or not chosen by direct election from territorial constituencies
in the Panchayat area shall have the right to vote in the meetings of
the Panchayats.
(5) The Chairperson of:
- A Panchayat at the village level shall be elected in such a manner
as the Legislature of a State may, by law, provide; and
- A Panchayat
at the intermediate level or district level shall be elected by,
and from amongst , the elected members thereof.
DURATION OF PANCHAYATS
(1) Every Panchayat, unless sooner dissolved under any law for the time
being in force, shall continue for five years from the date appointed
for its meeting and no longer.
(2) No amendment of any law for the time being in force shall
have the effect of causing dissolution of a Panchayat at any level, which
is functioning immediately before such amendment, till the expiration
of its duration specified in clause (1).
(3) An election to constitute a Panchayat shall be completed:
- before the expiry of its duration specified in clause (1)
- before
the expiration of period of six months from the date of its dissolution:
Provided that where the remainder of period of which the dissolved
Panchayat would have continued is less than six months, it shall
not be necessary to hold any election under the clause for constituting
the Panchayat for such period.
(4) A Panchayat constituted upon the dissolution of a Panchayat before
the expiration of its duration shall continue only for the remainder
of the period for which the dissolved Panchayat would have continued
under clause (1) had it not been so dissolved.
POWERS, AUTHORITIES, RESPONSIBILITIES OF PANCHAYATS
Subject to the provisions of the constitution, the legislature of state
may, by law endow the Panchayats with such powers and authority as may
be necessary to enable them to function as institution of self government
and such law may contain provisions for the devolution of powers and
responsibilities upon Panchayats at the appropriate level, subject to
such conditions as may be specified therein, with respect to:
- the preparation of plans for economic development
and social justice; and
- The implementation of schemes for economic
development and social justice as may be entrusted to them including
those in relation to the matters listed in the Eleventh (XI) Schedule.
Eleventh schedule article 243 G
- agriculture, including agricultural extension
- land improvement, implementation of land reforms,
land consolidation and soil conservation
- minor irrigation, water management
and watershed development
- animal husbandry, dairying and poultry
- fisheries
- social forestry and farm forestry
- minor forest produce
- small scale industries, including
food processing industries
- khadi, village and cottage industries
- rural housing
- drinking water
- fuel and fodder
- roads, culverts bridges, ferries waterways
and other means of communication
- rural electrification including
distribution of electricity
- non-conventional energy sources
- poverty alleviation
programme
- education, including primary and secondary schools
- technical training and vocational education
- adult
and non- formal education
- libraries
- cultural activities
- markets and fairs
- health and sanitation, including
hospitals, primary health centres (PHC) and dispensaries
- family
welfare
- women and child development
- social welfare, including
welfare of the handicapped and mentally retarded
- welfare of the
weaker sections, and in particular, of the Scheduled Castes and Scheduled
Tribes
- Public Distribution System (PDS)
- Maintenance of community
assets.
The inherent potential of democratization in the decentralized federal
system is the proper empowerment of people at the grassroots level. The
73rd amendment is a legal recognition to the three-tier system of governance
with Panchayat Raj Institutions (PRIs) at the district, intermediary,
and village levels and a three tier structure of the Panchayats, except
in those states whose population is less than 20 lakhs. For them a two-tier
system is prescribed. Most of the states modified their acts and went
for Panchayat elections following the Seventy Third Amendment. The Eleventh
Schedule does not clearly describe the powers and function of different
tiers of a Panchayat. In accordance to the amendment all states have
amended their respective Panchayati Raj Acts and enlisted the functions
assigned to different levels of the respective PRIs.
Some of the states have identified specific functions for their different
tiers at village, block and district level as below:
STATE WISE RESPONSIBILITIES OF PANCHAYAT
| STATE |
LEVEL OF PANCHAYAT |
RESPONSIBILITES OF THEIR PANCHAYAT |
| All most all the states |
Village level |
1. preparation of annual plans
2. preparation of annual budget
3. mobilizing relief for natural calamities
4. removal of encroachment on public properties
5. organizing voluntary labour and contribution for community works
6. maintenance of statistics of villages
7. functions entrusted by Panchayat Samiti, Zilla Panchayat, State or Central
government |
|
Block level |
1. general administrative functions
2. developmental and social functions
3. maintenance functions |
| Many states |
Village and block level |
Developmental activities include: Agriculture social forestry,
animal husbandry, drinking water, rural housing, education, social
welfare, small scale industries |
| Andhra Pradesh, Maharashtra, West Bengal |
Village level |
General administrative functionsVillage defence, information and
Publicity Constitution of Nyaya Panchayats |
| Himachal Pradesh, Madhya Pradesh, Rajasthan |
Village level |
Regulation of liquor shops |
| Gujrat, Himachal Pradesh, Maharashtra |
Village level |
Regulation and construction of hoses |
| Andhra Pradesh, Gujrat, Madhya Pradesh and West Bengal |
Village level |
Protection and repair of buildings and properties |
| Andhra Pradesh |
Village level |
Construction of jhuggies |
| Andhra Pradesh, Gujrat, Maharashtra, West Bengal |
Village level |
Destruction of stray animals |
| Gujrat |
Block level |
Social education, village defence corps, defence |
| Gujrat and Maharashtra |
Block level |
Publicity and information |
| Gujrat, Maharashtra, and Rajasthan |
Block level |
Statistics |
| Karnatka, Maharashtra, Rajasthan |
Block level |
Social reform |
| Gujrat and West Bengal |
Block level |
Rural credit |
| Gujrat, West Bengal, Maharashtra |
District level |
Technical advisory role |
| Gujrat and West Bengal |
District level |
Relief measures |
| Maharashtra |
District level |
Publicity |
| Gujrat |
District level |
Development of village sites |
| West Bengal |
District level |
Rural credit |
| Maharashtra |
District level |
Maintenance of dharamshalas public functions propagation of gramdan
and bhoodan |
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