Ideas of Local Self Help Governance and Panchayat Raj System (institutions) are enshrined in the Constitution of India. This instruction shall help us understand PRI and PRS.
1. Welcome to Learning Session on
THE PANCHAYATSTHE PANCHAYATS
~ Avinash Murkute~ Avinash Murkute
This instruction material is purely for academic purposes and can be downloaded / shared / copied / edited by
anybody. Credit to original presenter is desired but not obligatory.
Date: 02-01-2019 1Avinash Murkute, Galaxy4u Pune
2. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 2
Kindly Put Mobiles on Silent Mode
It is said that power corrupts but actually its more true that power
attracts the corruptible.
No law or ordinance is mightier than understanding.
If we understand everything, we must be misinformed.
Let us go to learning mode and be a student again.
3. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 3
The Panchayats
The Seventy Third Amendment Act, 1992
• Granted constitutional status and protection to the PRI
• Added new Part-IX entitled as “The Panchayats” and a new
Eleventh Schedule containing 29 functional items (click) of the
panchayats.
The Seventy Fourth Amendment Act, 1992
• Granted constitutional status and protection to the urban local
bodies
• Added a new part Part-IXA entitled as “The Municipalities” and a
new Twelfth Schedule containing 18 functional items of the
municipalities
4. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 4
Part IX : THE PANCHAYATS
243 (Definitions)
(a) “District” means a district in a State
(b) “Gram Sabha” means a body consisting of persons registered in
the electoral rolls of a village
(c) “Intermediate Level” means a level between the village and
district levels
(d) “Panchayat” means an institution of self-government constituted
under article 243B, for the rural areas
(e) “Panchayat area” means the territorial area of a Panchayat;
(f) “Population” means the population as published in the last
preceding census figures
(g) “Village” means a village and includes a group of villages specified
5. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 5
Part IX : THE PANCHAYATS
243A-C
243A –Gram Sabha to have powers as provided by Law
243B –In every state Panchayat shall be constituted at village,
intermediate and district level . Panchayat may not be constituted in
a state having population more than 20 lakhs
243C –1. Ratio between population of TA of a Panchayat and number
of seats to be filled by election shall be same throughout the State*
243C –2. Seats to be chosen by direct election.
243C –3. State to make law for the representation of the Chairperson
243C –4. Chairperson and other members to have right to vote
243C –5. Election of chairperson shall be elected as per Law
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Part IX : THE PANCHAYATS
243D – Reservation of seats
243D–1 Seats shall be reserved for SC and ST in proportion to their
population and by rotation to different constituencies in a Panchayat.
243D–2 Not less than 1/3 shall be reserved for women of SC/ ST
243D–3 Not less than 1/3 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.
243D–4 The offices of the Chairpersons in the Panchayats shall be
reserved for the SC, ST and women as per law.
243D–5 The reservation of such seats shall cease to have effect on
the expiration of the period specified in article 334. (26-Jan-2020 -95th
)
243D–6 Legislature of a State can make any provision(s) for
reservation of seats
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Part IX : THE PANCHAYATS
243E – Duration of Panchayats, etc.
243E–1 For five years from the date appointed for its first meeting
and no longer.
243E–3 An election to constitute a Panchayat shall be completed-
(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date of
its dissolution
243E–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
8. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 8
Part IX : THE PANCHAYATS
243F – Disqualifications for Memberships
243F–1 (a) if he is so disqualified by or under any law for the time being
in force for the purposes of elections: Provided that no person shall be
disqualified on the ground that he is less than 25 years of age, if he has
attained the age of 21 years
243F–1 (b) if he is so disqualified by or under any law made by the
Legislature of the State
243F–2 Questions of disqualification to be referred to the authority as
stipulated by the Law
9. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 9
Part IX : THE PANCHAYATS
243G –Powers, authority and responsibilities of Panchayats
243G The Legislature of a State (by law) may endow the Panchayats
with such powers and authority as may be necessary to enable them to
function as institutions 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—
(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 matters listed in the Eleventh Schedule.
10. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 10
Part IX : THE PANCHAYATS
243H –Taxes and Funds
243H – (a) Panchayat is authorized (by law) to levy, collect and
appropriate taxes, duties, tolls and fees in accordance with such
procedure and subject to such limits
243H – (b) Panchayat may be assigned to collect taxes, duties, tolls and
fees which are levied and collected by the State Government
243H – (c) Panchayat may be provided any grants-in-aid from the
Consolidated Fund of the State
243H – (d) Panchayat may constitute 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.
11. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 11
Part IX : THE PANCHAYATS
243I & J–Finance Related and Audit
243I – (1) The Governor to constitute a Finance Commission—
(a) the principles which should govern—
> the distribution between the State and the Panchayats > the
determination of the taxes, duties, tolls and fees which may be assigned
to the Panchayats > the grants-in-aid
(b) the measures to improve the financial position
(c) any other matter
243I – (2) Composition of the Commission, qualifications of members
243J - Maintenance of accounts by the Panchayats and the audit of
such accounts.
12. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 12
Part IX : THE PANCHAYATS
243K–Elections
243K – (1) All the matters of elections to be governed by SEC and its
Commissioner
243K – (2) Conditions of Service and tenure of SEC and their removal
243K – (3) Staff and office of SEC
243K – (3) State shall make provisions relating to elections to the
Panchayats
13. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 13
Part IX : THE PANCHAYATS
243L, M & N–Application to UT & Exceptions & etc.
243L – (1) Not to apply to
• Scheduled areas specified in Article 244 clause (1) and clause (2)
• States of Nagaland, Meghalaya and Mizoram and the hill areas in the
State of Manipur for which District Councils
• The hill areas of the District of Darjeeling in the State of West Bengal
for which Darjeeling Gorkha Hill Council exists
• Reservation of seats for the Scheduled Castes in Arunachal Pradesh
Please refer Article 13 and Article 368 and Autonomous Councils Under
Sixth Schedule
14. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 14
SIXTH SCHEDULE
Autonomous Councils
MEGHALAYA
> Khasi Hills Autonomous Council > Jaintia Hills Autonomous District
Council > Garo Hills Autonomous District Council
MIZORAM
> Chakma Autonomous District Council > Lai Autonomous District
Council > Mara Autonomous District Council
TRIPURA
> Tripura Tribal Areas Autonomous District Council
ASSAM
> Dima Hasao Autonomous Council > Karbi Anglong Autonomous
Council > Bodoland Territorial Council
15. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 15
Part IX : THE PANCHAYATS
243 O–Bar to interference by Courts in certain matters
243 - O
(a)Delimitation of constituencies or allotment of seat the validity of any
law relating to the delimitation of constituencies by SEC (243K) shall not
be subject matter of question in any court.
(b)Only election petition to authority made by may be considered
16. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 16
CITIZEN FACILITIES AT GP LEVEL
(a) Registration of Marriage and Issuance of Marriage Certificate under
various Marriage Acts
(b) Registration of Birth and Death and issuance of Birth or Death
Certificate under the Registration of Births and Deaths Act, 1969
(c) Business (NOC) certificate / Trade License
(d) MNREGA Job Card
(e) House Tax
(f) Property Valuation Certificates
(g) Building permissions
(h) Water tap connection
(i) Domicile / residence certificate etc.
Note: List may differ from State to State and otherwise
17. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 17
More and Related Reading
(a) The Bombay Village Panchayats Act, 1958 (as modified)
(b) The Bombay District Police Act, 1867
(c) The Andhra Pradesh (Telangana Area) District Boards Act, 1955
(d) The Maharashtra Zilla Parishads And Panchayat Samitis Act, 1961
(e) Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified
Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Category
(Regulation of Issuance and Verification of) Caste Certificate Act,
2000
(f) The Maharashtra Municipal Corporations Act, 1949
and the list continues…..
19. Date: 02-01-2019 Avinash Murkute, Galaxy4u Pune 19
Q&A - Contact
Doubt is the key to knowledge.
Avinash MurkuteAvinash Murkute
Galaxy4u, Pune – 412 115 India
Mobile: +91-9822698070
E-mail: avinash@murkute.com
Web: www.galaxy4u.in
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Please refer the official publication(s), The Gazette of India, for all meanings, discrepancies,
etc. Same is available at any Government Press. This presentation and illustrations is just
an introduction for training and legal awareness purposes only.
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