2015-04-23 07:30:13 +00:00
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PART IX
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THE PANCHAYATS
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243. Definitions.—In this Part, unless the context otherwise requires,—
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(a) “district” means a district in a State;
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(b) “Gram Sabha” means a body consisting of persons registered in
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the electoral rolls relating to a village comprised within the area of
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Panchayat at the village level;
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(c) “intermediate level” means a level between the village and
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district levels specified by the Governor of a State by public notification
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to be the intermediate level for the purposes of this Part;
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(d) “Panchayat” means an institution (by whatever name called) of
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self-government constituted under article 243B, for the rural areas;
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(e) “Panchayat area” means the territorial area of a Panchayat;
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(f) “Population” means the population as ascertained at the last
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preceding census of which the relevant figures have been published;
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(g) “village” means a village specified by the Governor by public
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notification to be a village for the purposes of this Part and includes a
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group of villages so specified.
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243A. Gram Sabha.—A Gram Sabha may exercise such powers and
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perform such functions at the village level as the Legislature of a State may, b
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y
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law, provide.
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243B. Constitution of Panchayats.—(1) There shall be constituted in
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every State, Panchayats at the village, intermediate and district levels in
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accordance with the provisions of this Part.
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(2) Notwithstanding anything in clause (1), Panchayats at the
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intermediate level may not be constituted in a State having a population not
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exceeding twenty lakhs.
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243C. Composition of Panchayats.— (1) Subject to the provisions of
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this Part, the Legislature of a State may, by law, make provisions with respect
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to the composition of Panchayats:
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Provided that the ratio between the population of the territorial area of a
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Panchayat at any level and the number of seats in such Panchayat to be filled
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by election shall, so far as practicable, be the same throughout the State.
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106
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107
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THE CONSTITUTION OF INDIA
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(2) All the seats in a Panchayat shall be filled by persons chosen by
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direct election from territorial constituencies in the Panchayat area and, for t
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his
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purpose, each Panchayat area shall be divided into territorial constituencies in
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such manner that the ratio between the population of each constituency and the
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number of seats allotted to it shall, so far as practicable, be the same through
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out
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the Panchayat area.
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(3) The Legislature of a State may, by law, provide for the
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representation—
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(a) of the Chairpersons of the Panchayats at the village level, in the
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Panchayats at the intermediate level or, in the case of a State not having
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Panchayats at the intermediate level, in the Panchayats at the district
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level;
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(b) of the Chairpersons of the Panchayats at the intermediate level, in
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the Panchayats at the district level;
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(c) of the members of the House of the People and the members of
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the Legislative Assembly of the State representing constituencies which
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comprise wholly or partly a Panchayat area at a level other than the
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village level, in such Panchayat;
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(d) of the members of the Council of States and the members of the
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Legislative Council of the State, where they are registered as electors
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within—
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(i) a Panchayat area at the intermediate level, in Panchayat at the
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intermediate level;
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(ii) a Panchayat area at the district level, in Panchayat at the
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district level.
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(4) The Chairperson of a Panchayat and other members of a Panchayat
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whether or not chosen by direct election from territorial constituencies in the
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Panchayat area shall have the right to vote in the meetings of the Panchayats.
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(5) The Chairperson of—
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(a) a panchayat at the village level shall be elected in such manner as
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the Legislature of a State may, by law, provide; and
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(b) a Panchayat at the intermediate level or district level shall be
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elected by, and from amongst, the elected members thereof.
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243D. Reservation of seats.—(1) Seats shall be reserved for—
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(a) the Scheduled Castes; and
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108
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THE CONSTITUTION OF INDIA
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(b) the Scheduled Tribes,
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in every Panchayat and the number of seats so reserved shall bear, as nearly as
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may be, the same proportion to the total number of seats to be filled by direct
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election in that Panchayat as the population of the Scheduled Castes in that
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Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the
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total population of that area and such seats may be allotted by rotation to
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different constituencies in a Panchayat.
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(2) Not less than one-third of the total number of seats reserved under
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clause (1) shall be reserved for women belonging to the Scheduled Castes or, as
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the case may be, the Scheduled Tribes.
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(3) Not less than one-third (including the number of seats reserved for
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women belonging to the Scheduled Castes and the Scheduled Tribes) of the
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total number of seats to be filled by direct election in every Panchayat shall b
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e
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reserved for women and such seats may be allotted by rotation to different
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constituencies in a Panchayat.
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(4) The offices of the Chairpersons in the Panchayats at the village or
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any other level shall be reserved for the Scheduled Castes, the Scheduled
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Tribes and women in such manner as the Legislature of a State may, by law,
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provide:
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Provided that the number of offices of Chairpersons reserved for the
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Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in
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any State shall bear, as nearly as may be, the same proportion to the total
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number of such offices in the Panchayats at each level as the population of the
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Scheduled Castes in the State or of the Scheduled Tribes in the State bears to
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the total population of the State:
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Provided further that not less than one-third of the total number of offices
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of Chairpersons in the Panchayats at each level shall be reserved for women:
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Provided also that the number of offices reserved under this clause shall
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be allotted by rotation to different Panchayats at each level.
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(5) The reservation of seats under clauses (1) and (2) and the reservation of
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offices of Chairpersons (other than the reservation for women) under clause (4)
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shall cease to have effect on the expiration of the period specified in article
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334.
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(6) Nothing in this Part shall prevent the Legislature of a State from making
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any provision for reservation of seats in any Panchayat or offices of Chairperso
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ns in
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the Panchayats at any level in favour of backward class of citizens.
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109
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THE CONSTITUTION OF INDIA
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243E. Duration of Panchayats, etc.—(1) Every Panchayat, unless
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sooner dissolved under any law for the time being in force, shall continue for
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five years from the date appointed for its first meeting and no longer.
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(2) No amendment of any law for the time being in force shall have the
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effect of causing dissolution of a Panchayat at any level, which is functioning
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immediately before such amendment, till the expiration of its duration specified
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in clause (1).
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(3) An election to constitute a Panchayat shall be completed—
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(a) before the expiry of its duration specified in clause (1);
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(b) before the expiration of a period of six months from the date of its
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dissolution:
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Provided that where the remainder of the period for which the dissolved
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Panchayat would have continued is less than six months, it shall not be
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necessary to hold any election under this clause for constituting the Panchayat
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for such period.
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(4) A Panchayat constituted upon the dissolution of a Panchayat before
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the expiration of its duration shall continue only for the remainder of the peri
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od
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for which the dissolved Panchayat would have continued under clause (1) had it
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not been so dissolved.
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243F. Disqualifications for membership.—(1) A person shall be
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disqualified for being chosen as, and for being, a member of a Panchayat—
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(a) if he is so disqualified by or under any law for the time being in
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force for the purposes of elections to the Legislature of the State
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concerned:
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Provided that no person shall be disqualified on the ground that he is
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less than twenty-five years of age, if he has attained the age of twentyone year
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s;
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(b) if he is so disqualified by or under any law made by the
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Legislature of the State.
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(2) If any question arises as to whether a member of a Panchayat has
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become subject to any of the disqualifications mentioned in clause (1), the
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question shall be referred for the decision of such authority and in such manner
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as the Legislature of a State may, by law, provide.
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110
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THE CONSTITUTION OF INDIA
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243G. Powers, authority and responsibilities of Panchayats.—
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Subject to the provisions of this Constitution, the Legislature of a State may,
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by
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law, endow the Panchayats with such powers and authority as may be
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necessary to enable them to function as institutions of self-government and
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such law may contain provisions for the devolution of powers and
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responsibilities upon Panchayats at the appropriate level, subject to such
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conditions as may be specified therein, with respect to—
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(a) the preparation of plans for economic development and social justice;
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(b) the implementation of schemes for economic development and
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social justice as may be entrusted to them including those in relation to
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the matters listed in the Eleventh Schedule.
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243H. Powers to impose taxes by, and Funds of, the Panchayats.—
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The Legislature of a State may, by law,—
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(a) authorise a Panchayat to levy, collect and appropriate such taxes,
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duties, tolls and fees in accordance with such procedure and subject to
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such limits;
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(b) assign to a Panchayat such taxes, duties, tolls and fees levied and
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collected by the State Government for such purposes and subject to such
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conditions and limits;
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(c) provide for making such grants-in-aid to the Panchayats from the
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Consolidated Fund of the State; and
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(d) provide for constitution of such Funds for crediting all moneys
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received, respectively, by or on behalf of the Panchayats and also for the
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withdrawal of such moneys therefrom,
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as may be specified in the law.
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243-I. Constitution of Finance Commission to review financial
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position.—(1) The Governor of a State shall, as soon as may be within one
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year from the commencement of the Constitution (Seventy-third Amendment)
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Act, 1992, and thereafter at the expiration of every fifth year, constitute a
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Finance Commission to review the financial position of the Panchayats and to
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make recommendations to the Governor as to—
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(a) the principles which should govern—
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(i) the distribution between the State and the Panchayats of the
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net proceeds of the taxes, duties, tolls and fees leviable by the
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State, which may be divided between them under this Part and the
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allocation between the Panchayats at all levels of their respective
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shares of such proceeds;
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111
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THE CONSTITUTION OF INDIA
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(ii) the determination of the taxes, duties, tolls and fees which
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may be assigned to, or appropriated by, the Panchayats;
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(iii) the grants-in-aid to the Panchayats from the Consolidated
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Fund of the State;
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(b) the measures needed to improve the financial position of the
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Panchayats;
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(c) any other matter referred to the Finance Commission by the
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Governor in the interests of sound finance of the Panchayats.
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(2) The Legislature of a State may, by law, provide for the composition
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of the Commission, the qualifications which shall be requisite for appointment
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as members thereof and the manner in which they shall be selected.
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(3) The Commission shall determine their procedure and shall have such
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powers in the performance of their functions as the Legislature of the State
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may, by law, confer on them.
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(4) The Governor shall cause every recommendation made by the
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Commission under this article together with an explanatory memorandum as to
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the action taken thereon to be laid before the Legislature of the State.
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243J. Audit of accounts of Panchayats.—The Legislature of a State
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may, by law, make provisions with respect to the maintenance of accounts by
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the Panchayats and the auditing of such accounts.
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243K. Elections to the Panchayats.—(1) The superintendence,
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direction and control of the preparation of electoral rolls for, and the conduct
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of, all elections to the Panchayats shall be vested in a State Election
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Commission consisting of a State Election Commissioner to be appointed by
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the Governor.
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(2) Subject to the provisions of any law made by the Legislature of a
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State, the conditions of service and tenure of office of the State Election
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Commissioner shall be such as the Governor may by rule determine:
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Provided that the State Election Commissioner shall not be removed
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from his office except in like manner and on the like grounds as a Judge of a
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High Court and the conditions of service of the State Election Commissioner
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shall not be varied to his disadvantage after his appointment.
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112
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THE CONSTITUTION OF INDIA
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(3) The Governor of a State shall, when so requested by the State
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Election Commission, make available to the State Election Commission such
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staff as may be necessary for the discharge of the functions conferred on the
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State Election Commission by clause (1).
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(4) Subject to the provisions of this Constitution, the Legislature of a
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State may, by law, make provision with respect to all matters relating to, or in
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connection with, elections to the Panchayats.
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243L. Application to Union territories.—The provisions of this Part
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shall apply to the Union territories and shall, in their application to a Union
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territory, have effect as if the references to the Governor of a State were
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references to the Administrator of the Union territory appointed under article
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239 and references to the Legislature or the legislative Assembly of a State
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were references, in relation to a Union territory having a Legislative Assembly,
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to that Legislative Assembly:
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Provided that the President may, by public notification, direct that the
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provisions of this Part shall apply to any Union territory or part thereof subje
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ct
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to such exceptions and modifications as he may specify in the notification.
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243M. Part not to apply to certain areas.—(1) Nothing in this Part
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shall apply to the Scheduled Areas referred to in clause (1), and the tribal are
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as
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referred to in clause (2), of article 244.
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(2) Nothing in this Part shall apply to—
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(a) the States of Nagaland, Meghalaya and Mizoram;
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(b) the hill areas in the State of Manipur for which District Councils
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exist under any law for the time being in force.
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(3) Nothing in this Part—
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(a) relating to Panchayats at the district level shall apply to the hill
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areas of the District of Darjeeling in the State of West Bengal for which
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Darjeeling Gorkha Hill Council exists under any law for the time being
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in force;
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(b) shall be construed to affect the functions and powers of the
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Darjeeling Gorkha Hill Council constituted under such law.
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113
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THE CONSTITUTION OF INDIA
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(4) Notwithstanding anything in this Constitution,—
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(a) the Legislature of a State referred to in sub-clause (a) of clause
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(2) may, by law, extend this part to that State, except the areas, if any,
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referred to in clause (1), if the Legislative Assembly of that State passes
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a resolution to that effect by a majority of the total membership of that
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House and by a majority of not less than two-thirds of the members of
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that House present and voting;
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(b) Parliament may, by law, extend the provisions of this Part to the
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Scheduled Areas and the tribal areas referred to in clause (1) subject to
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such exceptions and modifications as may be specified in such law, and
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no such law shall be deemed to be an amendment of this Constitution for
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the purposes of article 368.
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243N. Continuance of existing laws and Panchayats.—
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Notwithstanding anything in this Part, any provision of any law relating to
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Panchayats in force in a State immediately before the commencement of the
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Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with
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the provisions of this Part, shall continue to be in force until amended or
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repealed by a competent Legislature or other competent authority or until the
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expiration of one year from such commencement, whichever is earlier:
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Provided that all the Panchayats existing immediately before such
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commencement shall continue till the expiration of their duration, unless sooner
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dissolved by a resolution passed to that effect by the Legislative Assembly of
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that State or, in the case of a State having a Legislative Council, by each Hous
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e
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of the Legislature of that State.
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243-O. Bar to interference by courts in electoral matters.—
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Notwithstanding anything in this Constitution,—
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(a) the validity of any law relating to the delimitation of
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constituencies or the allotment of seats to such constituencies, made or
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purporting to be made under article 243K, shall not be called in question
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in any court;
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(b) no election to any Panchayat shall be called in question except by
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an election petition presented to such authority and in such manner as is
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provided for by or under any law made by the Legislature of a State.
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