❑ the legislative origins of the 73rd and 74th constitutional

ammendments date back to the constitution bill (64th ammendment),

which was introduced in the parliament in july 1989.

❑ Bill represented the first attemmpt to confer constitutional status on

rural local governments.

❑ Bills broader aim of revitalizing rural local government was greeted

favourably and details were criticized and was defeated in rajya sabha.

❑ Again introduced in parliament in 1991 by prime minister narsimha

rao of the congress party in 2 separate bills –

1. 72nd ammendment bill for rural local bodies (also known as

panchayats).
2. 73rd ammendment bill for municipalities.

❑ And ultimately passed as 73rd and 74th act.

73RD AMMENDMENT ACT
Seventy-Third Amendment Act, 1992:- Granted constitutional
status and protection to the panchayati raj institutions. For this
purpose, the Amendment has added a new Part-IX entitled as ‘the
panchayats’ and a new Eleventh Schedule containing 29 functional
items of the panchayats.

73rd - It talks about Panchayati raj institutions (Rural area is in

focus)
 73rd AMENDMENT ACT

Panchayat Samiti
Functions-
Implement schemes for the development of agriculture.
Establishment of primary health centers and primary
schools.
Supply of drinking water, drainage, construction/repair
of roads.
Development of cottage and small-scale industries and
opening of cooperative societies.
Establishment of youth organizations.
Source of Income
The main sources of income of the panchayat samiti are
grants-in-aid and loans from the State Govt.
 Term related with Panchayati Raj

• Panch- A group of elders who settle disputes within the

limit of cast and custom
• Panchayat-An assembly of elected person of the village
bodies where the line of contact with higher authorities on
matters affecting to the village.
• Democracy-Democ means the people and cracy means rule
of. It is leading of the people by the people and for the
people.
• Decentralisation-Evolution of centre authority among local
unit close to the area served.
• Democratic decentralisation- Means where authority
develops by the process if people institution and act as
local self Govt.
 Objective

• Assistance to the economically weaker sections of the

community.
• Cohesion and cooperative self help in the community.
• Development of cooperative institution.
• Development of local resources including the utilisation of
man power.
• Production in agriculture as the highest priority in planning.
• Progressive disposal of authority and insensitive both
vertically and horizontally with special emphasis on the role of
voluntary organizations (NGOs).
• Promotion of rural industries.
• Develop understanding and harmony among social structure.
 SWOT analysis

Strength Weakness
Dedication Monopoly of sarpanch
Participation of community Lack of training
Self governance Shy nature of women panch &
Interactive legal camp sarpanch
Illiteracy
Opportunities Threats
Successful solution of case at Conflict with police
local level Conflict among the members of GK
Awareness creation Illiteracy members
Low cost justice Gender biasness
 Updated design of Panchayat Raj
System

• Constitution sanction for the creation of third tier of

government
• Establishment of a three-tier system structure at the
village, block and district level.
• Reservation of 33 per cent of seat at all level in the
Panchayati bodies for women as also SC/ST in
proportion of their population
• Setting up election commission to hold election
regularly with an interval of five year(unless it is
dissolved)
• Organising a planning committee at the distinct level for
micro level planning and reviving the gram sabha to
culture the people in the democratic process.
The salient features of the Act are: -

· To provide 3-tier system of Panchayati Raj for all

States having population of over 20 lakh.
· To hold Panchayat elections regularly every 5 years.
· To provide reservation of seats for Scheduled Castes,
Scheduled Tribes and women (not less than 33%)
· To appoint State Finance Commission to make
recommendations as regards the financial powers of the
Panchayats.
· To constitute District Planning Committee to prepare
draft development plan for the district as a whole.
Powers and Responsibilities

· According to the Constitution, Panchayats shall be given

powers and authority to function as institutions of self-
government. The following powers and responsibilities are to be
delegated to Panchayats at the appropriate level

· Preparation of plan for economic development and social

justice.

· Implementation of schemes for economic development and

social justice in relation to 29 subjects given in Eleventh Schedule
of the Constitution.

· To levy, collect and appropriate taxes, duties, tolls and fees.

 Gram Sabha
· In the Panchayati Raj set up, the Gram Sabha, the general
assembly of villagers, has a key role for effective functioning of
Panchayats. In the Gram Sabha meeting, the rural poor, the
women and the marginalized people would now get an
opportunity to join in decision making on matters affecting their
lives. Active functioning of the Gram Sabha would ensure a
participatory democracy with transparency, accountability and
achievement.
· Gram Sabha should meet least in each quarter preferably on
Republic Day, Labour Day, Independence Day and Gandhi Jayanti.
· Decide developmental work to be undertaken by Panchayats
based on needs assessment.
· Suggest remedial measures for economy and efficiency in the
functioning of the Panchayats.
· Question and scrutinize the decisions of Panchayats in the
meeting of Gram Sabha.
· Discuss the Annual Financial Statement of Gram Panchayats
74RD AMMENDMENT ACT
Seventy-Fourth Amendment Act, 1992:- Granted constitutional
status and protection to the urban local bodies. For this purpose,
the Amendment has added a new Part IX-A entitled as ‘the
municipalities’ and a new Twelfth Schedule containing 18
functional items of the municipalities.

74th - It talks about Urban Local bodies and municipalities

(Urban and metropolitan cities are in focus)
Salient Features
The salient features of the act are; Three Types of
Municipalities The act provides for the constitution of the
following three types of municipalities in every state.

I. A nagar panchayat (by whatever name called) for a

transitional area, that is, an area in transition from a rural
area to an urban area.

2. A municipal council for a smaller urban area.

3. A municipal corporation for a larger urban area'.

Composition
All the members of a municipality shall be elected directly by the people of
the municipal area. For this purpose, each municipal area shall be divided
into territorial constituencies to be known as wards. The state legislature
may provide the manner of election of the chairperson of a municipality.

It may also provide for the representation of the following persons in a

municipality.

I. Persons having special knowledge or experience in municipal

administration without the right to vote in the meetings of municipality.

2. The members of the Lok Sabha and the state legislative assembly
representing constituencies that comprise wholly or partly the municipal
area.

3. The members of the Rajya Sabha and the state legislative council
registered as electors within the municipal area.

4. The chairpersons of committees (other than wards committees).

Reservation of Seats
The act provides for the reservation of seats for the scheduled
castes and the scheduled tribes in every municipality in proportion
of their population to the total population in the municipal area.
Further, it provides for the reservation of not less than one-third
of the total number of seats for women (including the number of
seats reserved for woman belonging to the SCs and the STs).

The state legislature may provide for the manner of reservation of

offices of chairpersons in the municipalities for SCs, STs and
women. It may also make any provision for the reservation of seats
in any municipality or offices -of chairpersons in municipalities in
favour of backward classes.
Powers and Functions

The state legislature may endow the municipalities

with such powers and authority as may be necessary
to enable them to function as institutions of self-
government. Such a scheme may contain provisions
for the devolution of powers and responsibilities
upon municipalities at the appropriate level 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 eighteen
matters listed in the Twelfth Schedule.
 WHAT IS 74TH AMENDMENT ACT

REASONS:
1. Urban areas and their governance have always been a subject
of interest and have traversed various territories, sometimes
slippery, sometimes firm, but always a matter of discussion and
a favorite of policy making.
2. Efforts have been made by the government repeatedly to
create smooth and efficient ways of managing urban affairs.
Another leap in this direction was the 74th Amendment Act of
the Constitution in 1992.
3. At that time it was considered a path breaking amendment
because it aimed at the creation of local governments and
dissolution of powers to them in the respective states.
4. It outlined a broad framework of institutions that would act as
the local governments and would ultimately bridge the gap
between the government and the governed.
5. The 73rd Amendment Act, which is known as the sister
amendment aimed at the creation of stronger, active bodies at
the local level in the rural areas.
 HISTORICAL BACKGROUND OF 74TH
AMENDMENT ACT

1. The process to amend the constitution was

initiated by the then prime minister rajiv gandhi
during 1989.
2. Finally passed during December' 1992 and
effective with effect from April '1993.
3. Since the urban development is the state subject,
all the state was to enforce the provision of above
amendment through amendment of respective bye-
laws of states within a year.
74rd AMENDMENT ACT IN TOWN AND COUNTRY PLANNING

First UDPFI Guidelines were prepared in 1996 in consonance with the

provisions of 74th CAA .
• Part 2 contained suggested changes required in Model Regional and
Town Planning and Development Law (Volume 2A) and modifications in
Town Planning Acts of Maharashtra {Volume 2B) and Gujarat (Volume
2C).
• The objective of the Volume 2 A and B was to guide the State
governments to incorporate the provision especially of preparation
Metropolitan and District Plan.
However, most of the State Governments did not incorporate the
provisions in the Town and Country Planning Acts as suggested by
UDPFI Guidelines,1996.
• An attempt was made under the JNNURM wherein one of the reform
was to comply with 74th CAA with reference to constitution of both MPC
and DPC.
• States have constituted MPC and DPC but without strong professional
backup for preparing both metropolitan and district plans.
Rather ,the Acts needs reforms in view of compliance to 74th CAA and
host of emerging issues which calls for
• Expeditious completion of Master Plan process Need based and
speedy change of Land use Re engineering the overall regulatory
framework. Provision for notifying the sectoral plans.
• Urban Policies at the State level
• Constitution of State Regulatory body