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PANCHAYAT AND MUNCIPALITIES

73rd constitutional amendment act, 1992 11th Schedule


Compulsory Provisions
Organisation of Gram Sabha
Creation of 3 tier panchayati raj at District, Block & Village
level
All the seats in panchayati raj shall be filled by people chosen
by direct elections from territorial constituencies in panchayat
areas
Minimum age for contesting for elections to panchayats is 21
years, for fixed 5 years tenure
Reservation of seats for SC/ ST in panchayats shall be in
proportion of their population
Reservation of women in Panchayats is up to 33 %
Each state is to constitute a state election commission to conduct
elections & state finance commission every 5 years to review
financial positions of the panchayats
Voluntary Provisions
Providing reservation for backward classes
Giving voting rights to members of union & state legislatures in
these bodies
Giving panchayats financial autonomy & powers to levy taxes,
fees etc.

SALIENT FEATURES OF THE ACT


Gram Sabha :
Adult people (above 18 years) register in electoral rolls relating to a
village comprised within the area of Panchayat.
Meet twice a year (April 13 & Oct 3) & exercise functions as state
legislature determines
In other words, Gram Sabha is village assembly of registered voters
within panchayat area to discuss issues related to their areas

3 Tier System:
Act provides for a 3 tier system of panchayati raj in every state i.e.
Panchayats at village, intermediate & district level
However, a state having population less than 20 lakhs may not have
intermediate level
Members of Rajya sabha, Lok sabha & state assembly in district may be
included in intermediate level panchayat, in which they are registered as
an elector
Election of Members & Chairperson:
All the members of the panchayat at village, intermediate & district levels
shall be elected directly by the people
Chairperson of panchayat (at intermediate & district levels) shall be
elected indirectly by & among the elected members thereof
Chairperson of panchayat at village level shall be elected in such a
manner as the state legislature determines

Reservation of seats:
Reservation of seats of SC & ST (at all 3 levels) shall be in proportion of,
their population to total population in panchayat area

Further, state legislature shall provide for reservation of offices of


chairperson in panchayat at all levels for SCs & STs
Reservation of not less than 1/3rd of total no. of seats for women,
including number of seats reserved for women belonging to SCs & STs
Further, not less than 1/3rd of total no. of offices of chairperson in the
panchayats at each level shall be reserved for women

Duration of panchayats:
Every panchayat shall continue for 5 yrs from the date of its 1st meeting
It can be dissolved earlier in accordance with the procedure prescribed by
the state legislature
In case, it is dissolved earlier, elections must take place within 6 month of
its dissolution

Qualification:
Same as state legislature but must have attained a minimum age of 21
Shall be qualified as a member of panchayat by any law made by state
legislature

Powers & Functions:


It is for the state legislature to determine as to what powers are to be
assigned to the panchayats to enable them to function as an institution of
self-government
Powers shall be assigned mainly for social justice & economic
development with regards to 29 matters, included in 11th schedule
Financial matters:
State legislature may:
Authorise a panchayat to levy, collect & appropriate taxes, duties tolls &
fees

Assign to panchayat to appropriate taxes, duties, tolls & fees levied &
collected by state government
Provide for making grants in aid to panchayats from consolidated fund of
India
Provide for constitution of funds for crediting money to panchayats

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