LOCAL SELF GOVERNMENT – PANCHAYATI RAJ - PART 4
Articles Of Panchayats:
243G. Powers, authority and responsibilities of Panchayats:
1. Subject to the provision of this constitution, the legislature of a state may, by law, endow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self- government
2. 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 –
3. The preparation of plans for economic developments and social justice
4. 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 schedule.
243H. Powers to impose taxes by and funds of the panchayat
1. The legislature of a state may by law
2. Authorise a panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits
3. Assign to a panchayat such taxes, duties, tolls and fees levied and collected by the state government for such purposes and subject to such conditions and limits
4. Provide for making such grants in aid to the panchayats from the consolidated fund of state
5. Provide for the constitution of such funds for crediting all moneys received, respectively, by or on behalf of the panchayats and also for the withdrawal of such moneys there from, as may be specified in the law.
243I .Constitution of finance commission to review financial position
1. The governor of a state shall, as soon as may be within one year from the commencement of the constitution 73rd amendment act, 1992, and thereafter at the expiration of every fifth year, constitute a finance commission to review the financial position of the panchayats and to make recommendations to the governor as to –
a) The principles which should govern –
• The distribution between the state and the panchayats of net proceeds of the taxes, duties, tolls and fee leviable by the state, which may be divided between them
• Under this part and the allocation between the panchayats at all levels of their respective shares of such proceeds.
• The determination of the taxes, duties, tolls and fees which may be assigned to or appointed by the panchayats.
• The grants in aid to the panchayats from the consolidated fund of the state
b) The measures needed to improve the financial position of the panchayat;
c) Any other matter referred to the finance commission by the governor in the interests of sound finance of the panchayats.
2. The legislature of a state may, by law, provide for the composition of the commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.
3. The commission shall determine their procedure and shall have such powers in the performance of their functions as the legislature of the state may by law, confer on them.
4. The governor shall cause every recommendation made by the commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the legislature of the state.
243J Audit of accounts of Panchayats:
1. The legislature of a state may by law make provision with respect to the maintenance of accounts by the panchayats and the auditing of such accounts.
2. 243K Elections to the Panchayats
3. The superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections to the panchayats shall be vested in a state election commission consisting of a state election commissioner to be appointed by the governor.
4. Subject to the provisions of any law made by the legislature of a state, the conditions of service and tenure of office of the state election commissioner shall be such as the governor may by rule determine.
5. Provide that the state election commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of a high court and the conditions of service of the state election commissioner shall not be varied to his disadvantage after his appointment.
6. The governor of a state shall, when so requested by the state election commission, make available to the state election commission such staffs as may be necessary for the discharge of the functions conferred on the state election commission by clause (1).
7. Subject to this provision of the constitution, the legislature of a state may by law, make provision with respect to all matters relating to, or in connection with, elections to the panchayats.
243L Application to union territories:
1. The provision of this part shall apply to the union territories and shall, in their application to a union territory, have effect as if the references to the governor of a state were references to the administrator of the union territory appointed under article 239 and references to the legislature or the legislative assembly of a state were references, in relation to a union territory having a legislative assembly, to that legislative assembly.
2. Provided that the president may, by public notification, direct that the provisions of this part shall apply to any union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
1. Subject to the provision of this constitution, the legislature of a state may, by law, endow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self- government
2. 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 –
3. The preparation of plans for economic developments and social justice
4. 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 schedule.
243H. Powers to impose taxes by and funds of the panchayat
1. The legislature of a state may by law
2. Authorise a panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits
3. Assign to a panchayat such taxes, duties, tolls and fees levied and collected by the state government for such purposes and subject to such conditions and limits
4. Provide for making such grants in aid to the panchayats from the consolidated fund of state
5. Provide for the constitution of such funds for crediting all moneys received, respectively, by or on behalf of the panchayats and also for the withdrawal of such moneys there from, as may be specified in the law.
243I .Constitution of finance commission to review financial position
1. The governor of a state shall, as soon as may be within one year from the commencement of the constitution 73rd amendment act, 1992, and thereafter at the expiration of every fifth year, constitute a finance commission to review the financial position of the panchayats and to make recommendations to the governor as to –
a) The principles which should govern –
• The distribution between the state and the panchayats of net proceeds of the taxes, duties, tolls and fee leviable by the state, which may be divided between them
• Under this part and the allocation between the panchayats at all levels of their respective shares of such proceeds.
• The determination of the taxes, duties, tolls and fees which may be assigned to or appointed by the panchayats.
• The grants in aid to the panchayats from the consolidated fund of the state
b) The measures needed to improve the financial position of the panchayat;
c) Any other matter referred to the finance commission by the governor in the interests of sound finance of the panchayats.
2. The legislature of a state may, by law, provide for the composition of the commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.
3. The commission shall determine their procedure and shall have such powers in the performance of their functions as the legislature of the state may by law, confer on them.
4. The governor shall cause every recommendation made by the commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the legislature of the state.
243J Audit of accounts of Panchayats:
1. The legislature of a state may by law make provision with respect to the maintenance of accounts by the panchayats and the auditing of such accounts.
2. 243K Elections to the Panchayats
3. The superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections to the panchayats shall be vested in a state election commission consisting of a state election commissioner to be appointed by the governor.
4. Subject to the provisions of any law made by the legislature of a state, the conditions of service and tenure of office of the state election commissioner shall be such as the governor may by rule determine.
5. Provide that the state election commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of a high court and the conditions of service of the state election commissioner shall not be varied to his disadvantage after his appointment.
6. The governor of a state shall, when so requested by the state election commission, make available to the state election commission such staffs as may be necessary for the discharge of the functions conferred on the state election commission by clause (1).
7. Subject to this provision of the constitution, the legislature of a state may by law, make provision with respect to all matters relating to, or in connection with, elections to the panchayats.
243L Application to union territories:
1. The provision of this part shall apply to the union territories and shall, in their application to a union territory, have effect as if the references to the governor of a state were references to the administrator of the union territory appointed under article 239 and references to the legislature or the legislative assembly of a state were references, in relation to a union territory having a legislative assembly, to that legislative assembly.
2. Provided that the president may, by public notification, direct that the provisions of this part shall apply to any union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
243M Part not to apply to certain areas:
1. Nothing in this part shall apply to the scheduled areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.
2. Nothing in this part shall apply to
a) The states of Nagaland, Meghalaya and Mizoram:
b) The hill areas in the state of Manipur for which district councils exist under any law for the time being in force.
3. Nothing in this part
a) Relating to panchayats at the district level shall be apply to the hill areas of the district of Darjeeling in the state of West Bengal for which Darjeeling Gorkha hill Council exists under any law for the time being in force.
b)Shall be construed to affect the functions and powers of the Darjeeling Gorkaha Hill Council constituted under such law.
c)210A [(3A) Nothing in article 243D relating to reservation of seats for the scheduled castes, shall apply to the state of Arunanchal Pradesh].
a) Relating to panchayats at the district level shall be apply to the hill areas of the district of Darjeeling in the state of West Bengal for which Darjeeling Gorkha hill Council exists under any law for the time being in force.
b)Shall be construed to affect the functions and powers of the Darjeeling Gorkaha Hill Council constituted under such law.
c)210A [(3A) Nothing in article 243D relating to reservation of seats for the scheduled castes, shall apply to the state of Arunanchal Pradesh].
4. Notwithstanding anything in this constitution
a)The legislature of a state referred to in sub clause (2) may, by law, extend this part to that state, except the areas, if any, referred to in clause (1). If the legislative assembly of that state passes a resolution to that effect by a majority of total membership of that house present and voting.
b)Parliament may by law extend the provisions of this part to the scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law and no such law shall be deemed to be an amendment of this constitution for the purposes of article 368.
243N Continuance of existing laws and Panchayats:
1. Notwithstanding anything in this part, any provision of any law relating to panchayats in force in a state immediately before the commencement of the constitution 73rd Amendment Act, 1992.
a)The legislature of a state referred to in sub clause (2) may, by law, extend this part to that state, except the areas, if any, referred to in clause (1). If the legislative assembly of that state passes a resolution to that effect by a majority of total membership of that house present and voting.
b)Parliament may by law extend the provisions of this part to the scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law and no such law shall be deemed to be an amendment of this constitution for the purposes of article 368.
243N Continuance of existing laws and Panchayats:
1. Notwithstanding anything in this part, any provision of any law relating to panchayats in force in a state immediately before the commencement of the constitution 73rd Amendment Act, 1992.
2. Which is inconsistent with the provisions of this part, shall continue to be in force until amended or replaced by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier.
3. Provided that all the panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to effect by the legislative assembly of that state or, in case of a state having a legislative council, by each house of the legislature of that state.
243O Bar to interference by courts in electoral matters:
Not withstanding anything in this constitution
a)The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243K shall not be called in question in any court.
b)No election to any panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided by or under any law made by the legislature of a state.
Important Points to Remember
1. Lord Ripon is called as the father of Local self government.
2. Lord Ripon's Resolution of 1882 is regarded as the 'Magna Carta of Local Self Government in India'
3. After independence four important committees were formed to recommend measures for the betterment of local self government in India. They are as follows
1. Balwant Rai Mehta Committee
2. Ashok Mehta Committee
3. G V K Rao Committee
4. L M Singhvi Committee
Committee : Balwant Rai Mehta Committee
Formed :1957
Reported : 1957
Important Suggestions : 3 Tier
1. Gram Panchayat (Direct Election)
2. Panhayat Samiti (Indirect)
3. Zila Parishad (Indirect)
1. Gram Panchayat (Direct Election)
2. Panhayat Samiti (Indirect)
3. Zila Parishad (Indirect)
Committee : Ashok Mehta Committee
Formed : 1977
Reported :1978
Important Suggestions :
Important Suggestions :
1. 132 Recommendations
2. 2 Tier
a) Zila Parishad
b)Mandal Panchayat
3. Taxation Power
4. Reservation for SC and ST.
2. 2 Tier
a) Zila Parishad
b)Mandal Panchayat
3. Taxation Power
4. Reservation for SC and ST.
Committee : G V K Rao Committee
Formed : 1985
Reported : 1986
Important Suggestions : 1. Elections should be conducted regularly
Committee : L M Singhvi Committee
Formed :1986
Reported : 1986
Important Suggestions : 1. Constitutional status to Panchayati Raj institutions
2. More financial resources
2. More financial resources
BAGL – BA padicha Good Luck Irukku indha kalathula
B – Balwant Rai Mehta Committee G – G V K Rao Committee
A – Ashok Mehta Committee L - L M Singhvi Committee
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