From 3d1419d7d68a5ad79e90e71255b8e427f40f9cff Mon Sep 17 00:00:00 2001 From: Abhay Rana Date: Thu, 23 Apr 2015 13:00:13 +0530 Subject: [PATCH] AMENDMENT_73_24041993 --- PART9.txt | 336 +++++++++++++++++++++++++++++++++++++++++++++---- SCHEDULE11.txt | 70 +++++++++++ 2 files changed, 384 insertions(+), 22 deletions(-) create mode 100644 SCHEDULE11.txt diff --git a/PART9.txt b/PART9.txt index e9147c2..80a20f7 100644 --- a/PART9.txt +++ b/PART9.txt @@ -1,27 +1,319 @@ -PART IX +PART IX +THE PANCHAYATS +243. Definitions.—In this Part, unless the context otherwise requires,— +(a) “district” means a district in a State; +(b) “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; +(c) “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 purposes of this Part; +(d) “Panchayat” means an institution (by whatever name called) 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 ascertained at the last +preceding census of which the relevant figures have been published; +(g) “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 level as the Legislature of a State may, b +y +law, provide. +243B. Constitution of Panchayats.—(1) There shall be constituted in +every State, Panchayats at the village, intermediate and district levels in +accordance with the provisions of this Part. +(2) Notwithstanding anything in clause (1), Panchayats at the +intermediate level may not be constituted in a State having a population not +exceeding twenty lakhs. +243C. Composition of Panchayats.— (1) 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 +by election shall, so far as practicable, be the same throughout the State. -THE TERRITORIES IN PART D OF THE FIRST +106 -SCHEDULE AND OTHER TERRITORIES + 107 -NOT SPECIFIED IN THAT SCHEDULE +THE CONSTITUTION OF INDIA -243 Administration of territories specified in PART D -of the First Schedule and other -territories not specified in that Schedule -(1) Any territory specified in Part D of the First -Schedule and any Other territory COm- - prised within the territory of India but -not specified in that Schedule shall be -administered by the President acting, to -such extent as he thinks fit, through a -Chief Commissioner or other authority to be appointed by -him. +(2) All the seats in a Panchayat shall be filled by persons chosen by +direct election from territorial constituencies in the Panchayat area and, for t +his +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 through +out +the Panchayat area. +(3) The Legislature of a State may, by law, provide for the +representation— +(a) 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 Panchayats at the district +level; +(b) of the Chairpersons of the Panchayats at the intermediate level, in +the Panchayats at the district level; +(c) of the members of the House of the People and the members of +the Legislative Assembly of the State representing constituencies which +comprise wholly or partly a Panchayat area at a level other than the +village level, in such Panchayat; +(d) of the members of the Council of States and the members of the +Legislative Council of the State, where they are registered as electors +within— +(i) a Panchayat area at the intermediate level, in Panchayat at the +intermediate level; +(ii) a Panchayat area at the district level, in Panchayat at the +district level. +(4) The Chairperson of a Panchayat and other members of a Panchayat +whether or not chosen by direct election from territorial constituencies in the +Panchayat area shall have the right to vote in the meetings of the Panchayats. +(5) The Chairperson of— +(a) a panchayat at the village level shall be elected in such manner as +the Legislature of a State may, by law, provide; and +(b) 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— +(a) the Scheduled Castes; and -(2) The President may make regulations for the peace -and good government of any such territory and any regu- -lations so made may repeal or amend any law made by -Parliament or any existing law which is for the time being -applicable to such territory and, when promulgated by the -President, shall have the same force and effect as an Act -of Parliament which applies to such territory, + 108 + +THE CONSTITUTION OF INDIA + +(b) 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 Scheduled Tribes in that Panchayat 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 b +e +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 Castes and the 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 +Scheduled 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 offices +of Chairpersons in the Panchayats at each level shall be reserved for women: +Provided 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 clauses (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 Panchayat or offices of Chairperso +ns in +the Panchayats at any level in favour of backward class of citizens. + + 109 + +THE CONSTITUTION OF INDIA + +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 its 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— +(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: +Provided that where the remainder of the period for which the dissolved +Panchayat would have continued is 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 peri +od +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 twentyone year +s; +(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. + + 110 + +THE CONSTITUTION OF INDIA + +243G. Powers, authority and responsibilities of Panchayats.— +Subject to the provisions of this Constitution, the Legislature of a State may, +by +law, 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. +243H. Powers to impose taxes by, and Funds of, the Panchayats.— +The Legislature of a State may, by law,— +(a) authorise a Panchayat to levy, collect and appropriate such taxes, +duties, tolls and fees in accordance with such procedure and subject to +such limits; +(b) assign to a Panchayat such taxes, duties, tolls and fees levied and +collected by the State Government for such purposes and subject to such +conditions and limits; +(c) provide for making such grants-in-aid to the Panchayats from the +Consolidated Fund of the State; and +(d) provide for constitution of such Funds for crediting all moneys +received, respectively, by or on behalf of the Panchayats and also for the +withdrawal of such moneys therefrom, +as may be specified in the law. +243-I. Constitution of Finance Commission to review financial +position.—(1) The Governor of a State shall, as soon as may be within one +year from the commencement of the Constitution (Seventy-third Amendment) +Act, 1992, and thereafter at the expiration of every fifth year, constitute a +Finance Commission to review the financial position of the Panchayats and to +make recommendations to the Governor as to— +(a) the principles which should govern— +(i) the distribution between the State and the Panchayats of the +net proceeds of the taxes, duties, tolls and fees leviable by the +State, which may be divided between them under this Part and the +allocation between the Panchayats at all levels of their respective +shares of such proceeds; + + 111 + +THE CONSTITUTION OF INDIA + +(ii) the determination of the taxes, duties, tolls and fees which +may be assigned to, or appropriated by, the Panchayats; +(iii) the grants-in-aid to the Panchayats from the Consolidated +Fund of the State; +(b) the measures needed to improve the financial position of the +Panchayats; +(c) any other matter referred to the Finance Commission by the +Governor in the interests of sound finance of the Panchayats. +(2) The Legislature of a State may, by law, provide for the composition +of the Commission, the qualifications which shall be requisite for appointment +as members thereof and the manner in which they shall be selected. +(3) The Commission shall determine their procedure and shall have such +powers in the performance of their functions as the Legislature of the State +may, by law, confer on them. +(4) The Governor shall cause every recommendation made by the +Commission under this article together with an explanatory memorandum as to +the action taken thereon to be laid before the Legislature of the State. +243J. Audit of accounts of Panchayats.—The Legislature of a State +may, by law, make provisions with respect to the maintenance of accounts by +the Panchayats and the auditing of such accounts. +243K. Elections to the Panchayats.—(1) The superintendence, +direction and control of the preparation of electoral rolls for, and the conduct +of, all elections to the Panchayats shall be vested in a State Election +Commission consisting of a State Election Commissioner to be appointed by +the Governor. +(2) Subject to the provisions of any law made by the Legislature of a +State, the conditions of service and tenure of office of the State Election +Commissioner shall be such as the Governor may by rule determine: +Provided that the State Election Commissioner shall not be removed +from his office except in like manner and on the like grounds as a Judge of a +High Court and the conditions of service of the State Election Commissioner +shall not be varied to his disadvantage after his appointment. + + 112 + +THE CONSTITUTION OF INDIA + +(3) The Governor of a State shall, when so requested by the State +Election Commission, make available to the State Election Commission such +staff as may be necessary for the discharge of the functions conferred on the +State Election Commission by clause (1). +(4) Subject to the provisions of this Constitution, the Legislature of a +State may, by law, make provision with respect to all matters relating to, or in +connection with, elections to the Panchayats. +243L. Application to Union territories.—The provisions of this Part +shall apply to the Union territories and shall, in their application to a Union +territory, have effect as if the references to the Governor of a State were +references to the Administrator of the Union territory appointed under article +239 and references to the Legislature or the legislative Assembly of a State +were references, in relation to a Union territory having a Legislative Assembly, +to that Legislative Assembly: +Provided that the President may, by public notification, direct that the +provisions of this Part shall apply to any Union territory or part thereof subje +ct +to such exceptions and modifications as he may specify in the notification. +243M. Part not to apply to certain areas.—(1) Nothing in this Part +shall apply to the Scheduled Areas referred to in clause (1), and the tribal are +as +referred to in clause (2), of article 244. +(2) Nothing in this Part shall apply to— +(a) the States of Nagaland, Meghalaya and Mizoram; +(b) the hill areas in the State of Manipur for which District Councils +exist under any law for the time being in force. +(3) Nothing in this Part— +(a) relating to Panchayats at the district level shall apply to the hill +areas of the District of Darjeeling in the State of West Bengal for which +Darjeeling Gorkha Hill Council exists under any law for the time being +in force; +(b) shall be construed to affect the functions and powers of the +Darjeeling Gorkha Hill Council constituted under such law. + + 113 + +THE CONSTITUTION OF INDIA + +(4) Notwithstanding anything in this Constitution,— +(a) the Legislature of a State referred to in sub-clause (a) of clause +(2) may, by law, extend this part to that State, except the areas, if any, +referred to in clause (1), if the Legislative Assembly of that State passes +a resolution to that effect by a majority of the total membership of that +House and by a majority of not less than two-thirds of the members of +that House present and voting; +(b) Parliament may, by law, extend the provisions of this Part to the +Scheduled Areas and the tribal areas referred to in clause (1) subject to +such exceptions and modifications as may be specified in such law, and +no such law shall be deemed to be an amendment of this Constitution for +the purposes of article 368. +243N. Continuance of existing laws and Panchayats.— +Notwithstanding anything in this Part, any provision of any law relating to +Panchayats in force in a State immediately before the commencement of the +Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with +the provisions of this Part, shall continue to be in force until amended or +repealed by a competent Legislature or other competent authority or until the +expiration of one year from such commencement, whichever is earlier: +Provided that all the Panchayats existing immediately before such +commencement shall continue till the expiration of their duration, unless sooner +dissolved by a resolution passed to that effect by the Legislative Assembly of +that State or, in the case of a State having a Legislative Council, by each Hous +e +of the Legislature of that State. +243-O. Bar to interference by courts in electoral matters.— +Notwithstanding anything in this Constitution,— +(a) the validity of any law relating to the delimitation of +constituencies or the allotment of seats to such constituencies, made or +purporting to be made under article 243K, shall not be called in question +in any court; +(b) no election to any Panchayat shall be called in question except by +an election petition presented to such authority and in such manner as is +provided for by or under any law made by the Legislature of a State. + + \ No newline at end of file diff --git a/SCHEDULE11.txt b/SCHEDULE11.txt new file mode 100644 index 0000000..ee367e0 --- /dev/null +++ b/SCHEDULE11.txt @@ -0,0 +1,70 @@ +ELEVENTH SCHEDULE +(Article 243G) +1. +2. +3. +4. +5. +6. +7. +8. +9. +10. +11. +12. +13. +14. +15. +16. +17. +18. +19. +20. +21. +22. +23. +24. +25. +26. +27. +28. +29. + +Agriculture, including agricultural extension. +Land improvement, implementation of land reforms, land +consolidation and soil conservation. +Minor irrigation, water management and watershed +development. +Animal husbandry, dairying and poultry. +Fisheries. +Social forestry and farm forestry. +Minor forest produce. +Small scale industries, including food processing industries. +Khadi, village and cottage industries. +Rural housing. +Drinking water. +Fuel and fodder. +Roads, culverts, bridges, ferries, waterways and other means of +communication. +Rural electrification, including distribution of electricity. +Non-conventional energy sources. +Poverty alleviation programme. +Education, including primary and secondary schools. +Technical training and vocational education. +Adult and non-formal education. +Libraries. +Cultural activities. +Markets and fairs. +Health and sanitation, including hospitals, primary health +centres and dispensaries. +Family welfare. +Women and child development. +Social welfare, including welfare of the handicapped and +mentally retarded. +Welfare of the weaker sections, and in particular, of the +Scheduled Castes and the Scheduled Tribes. +Public distribution system. +Maintenance of community assets. +300 + + \ No newline at end of file