Local Self Government - Panchayati Raj - Part 3

LOCAL SELF GOVERNMENT – PANCHAYATI RAJ - PART 3

THE PANCHAYATS
A-243. in this part, unless the context otherwise requires:
•    District means a district in state
•    Gram Sabha means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of panchayat at the village level;
•    Intermediate level means a level between the village and district levels specified by the governor of a state by public notification to be the intermediate level for the purpose of this part
•    Panchayat means an institution (by weather name called) of self – government constituted under article 243B, for the rural areas.
•    Panchayat area means the population as ascertained at the last preceding census of which the relevant figures have been published.
•    Village means a village specified by the governor by public notification to be a village for the purposes of this part and includes a group of villages so specified.

243A. Gram Sabha:
•    A gram Sabha may exercise such powers and perform such functions at the village levels as the legislature may by law provide.
243B. Constitution of panchayats:
•    There shall be constituted in every state. Panchayats at the village, intermediate and district levels in accordance with the provisions of this part.
•    Notwithstanding anything in clause (1). Panchayat at the intermediate level may not be constituted in a state having population not exceeding twenty lakhs.

243C. Composition of Panchayats:
•    Subject to the provisions of this part. The legislature of a 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 panchayat to be filled be election shall, so far as practicable, be the same throughout the state.
•    All the seats in a panchayat shall be filled by a 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 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.
•    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 case of a state not having panchayats at the intermediate level, in the panchayat at the district level;
•    Of the chairpersons of the panchayats at the intermediate level, in the panchayats at the district level;
•    Of the members of the house of the people and the members of legislative assembly of the state representing constituencies which comprise wholly or partly a panchayat area at a level other than the village, in such panchayat;
•    Of the members of the house of the people and members of the legislative council of the state, where they are registered as elector within
      1.A panchayat area at the intermediate level, in panchayat at the intermediate level;
      2.A panchayat area at the district level, in panchayat at the district level.
•    The chairperson of a panchayat and other members of a panchayat whether or not chosen by the direct election from territorial constituencies in the panchayat area shall have the right to vote in the meetings of the panchayats.
•    A panchayat at the village level shall be elected in such manner as the legislature of a state may by law provide
•    A panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof.

243D. Reservation of seats:
(1)    Seats shall be reserved for The scheduled castes and The scheduled tribes
In every panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion   to the total number of seats to be filled by direct election in that panchayat as the population of the scheduled castes in that panchayat area or of the schedule tribes in that area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a panchayat.

(2)    Not less than one – third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the scheduled castes or as the case may be, the scheduled tribes.

(3)    Not less than one –third (including the number of seats reserved for women belonging to the scheduled castes and the scheduled tribes) of the total number of seats to be filled by direct election in every panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a panchayat.

(4)    The offices of the chairpersons in the panchayats at the village or any other level shall be reserved for the scheduled castes, the scheduled tribes and women in such manner as the legislature of a state may by law provide:

Provided that the number of offices of chairpersons reserved for the scheduled caste and scheduled tribes in the panchayats at each level in any state shall bear, as nearly as may be, the same proportion to the total number of such offices in the panchayats at each level as the population of the schedule castes in the state or of the scheduled tribes in the state bears to the total population of the state.

Provided further that not less than one – third of the total number of the offices of chairpersons in the panchayats at each level shall be reserved for women.
Provide also that the number of offices reserved under this clause shall be allotted by rotation to different panchayats at each level.

(5)    The reservation of seats under clause (1) and (2) and the reservation of offices of chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period   specified in article 334.

(6)    Nothing in this part shall prevent the legislature of a state from making any provision for reservation of seats in any panchayats or offices of chairpersons in the panchayats at any level in favour of backward class of citizens.

243E. Duration of panchayats etc:
(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 the first 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 a period of six months from the date of its dissolution:
• Provided that where the remainder of the period for which the dissolved panchayat would have continued in less than six months.
•  It shall not be necessary to hold any election under this 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. 

243F. Disqualifications for membership:
(1)    A person shall be disqualified for being chosen as, and for being, a member of a panchayat
        (a)If he is so disqualified by or under any law for the time being in force for the purposes of elections to the legislature of the state concerned:

Provided that no person shall be disqualified on the ground that he is less than twenty – five years of age, if he has attained the age of twenty – one years:

        (b)If he is so disqualified by or under any law made by the legislature of the state.

(2)    If any question arises as to whether a member of a panchayat has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the legislature of a state may, by law, provide.