LAND REVENUE ADMINISTRATION - A HISTORICAL OUTLOOK BY !!! C. UMAMAHESWARA RAO I.A.S. !!!

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LIST OF CODES FOR FUNCTIONS, PROGRAMMES & ACTIVITIES OF PANCHAYAT RAJ INSTITUTIONS

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WHAT ARE THE SIGNIFICANCE OF 73rd AND 74TH AMENDMENTS TO THE CONSTITUTION OF INDIA AND EXPLAIN THE CONCERNS AND INHERENT LIMITATIONS OF 74TH AMENDMENT ACT.

              73rd Constitutional amendment Act, 1992 added a new part 9th and also added eleventh schedule to the constitution of India and 74th Constitutional Amendment act 1992 has introduced a new part 9A and 12th schedule in the Constitution.

Significance :

• To strengthen the governance at the grass root level.
• To implement the directive principle mentioned in the article 40.
• It has provided Constitutional guarantee of self governing democratic institutions in rural ares.
• Main benefits are political education, local administration, skill development and self government
• It will be possible to prepare plans for economic development and social justice at this level.

Concerns with respect to this amendment:

• Elected representatives at the municipality level are rendered powerless by making them subordinate to the state government.
• In most muncipal corporations, the executive powers of the corporation are governed by state government appointed commissioner rather than elected representative. ie, mayor
• Creation of government agencies which are accountable only to the state government but not the local government. This dilutes the political role of muncipal corporations.
• New central government programs are further making local government powerless and depoliticised. Ex: creation of special purpose vehicle for smart city missions which will have operational independence and autonomy in decision making.
• Over reliance on semi representative bodies.

Inherent limitations in 74th Amendment:

• Many of its key provision are not mandatory for the state government. ex:Financial devolution - provisions.
• The functions listed under the 12th schedule do not include essential civic issues such as carbon transportation, housing or urban commons.
• Industrial township exception - a municipality need not be constituted in areas which are declared as industrial town ships.
• All these have resulted in urban local governments active disempowerment and depoliticisation.

 

PESA ACT OF 1996 (EXTENSION ACT)

        The provisions of Part IX of the constitution relating to the Panchayats are not applicable to the Fifth Schedule areas. However, the Parliament may extend these provisions to such areas, subject to such exceptions and modifications as it may specify. Under this provision, the Parliament has enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly known as the PESA Act or the Extension Act.

        At present (2013), nine states have Fifth Schedule Areas. These are: Andhra Pradesh, Chhatisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. All the nine states have enacted requisite compliance legislations by amending the respective Panchayati Raj Acts.

Objectives of the Act
         The objectives of the PESA Act are as follows6:

1. To extend the provisions of Part IX of the Constitution relating to the panchayats to the scheduled areas with certain modifications.
2. To provide self-rule for the bulk of the tribal population.
3. To have village governance with participatory democracy and to make the gram sabha a nucleus of all activities.
4. To evolve a suitable administrative framework consistent with traditional practices
5. To safeguard and to preserve the traditions and customs of tribal communities.
6. To empower panchayats at the appropriate levels with specific powers conducive to tribal requirements.
7. To prevent panchayats at the higher level from assuming the powers and authority of panchayats at the lower level of the gram sabha

Features of the Act
         The features (or the provisions) of the PESA Act are as follows:

1. A state legislation on the Panchayats in the Scheduled Areas shall be in consonance with the
   customary law, social and religious practices and traditional management practices of community resources.
2. A village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs.
3. Every village shall have a Gram Sabha consisting of persons whose names are included in the
   electoral rolls for the Panchayat at the village level.
4. Every Gram Sabha shall be competent to safeguard and preserve the traditions and customs
   of the people, their cultural identity, community resources and the customary mode of dispute
   resolution.
5. Every Gram Sabha shall—
   (i) approve of the plans, programmes and projects for social and economic development before they are taken up for implementation by the Panchayat at the village level; and
   (ii) be responsible for the identification of beneficiaries under the poverty alleviation and other programmes.
6. Every Panchayat at the village level shall be required to obtain from the Gram Sabha a certification of utilisation of funds for the above plans, programmes and projects.
7. The reservation of seats in the Scheduled Areas in every Panchayat shall be in proportion to the population of the communities for whom reservation is sought to be given under Part IX of the Constitution. However, the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats. Further, all seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes.
8. The state government may nominate such Scheduled Tribes which have no representation in
   the Panchayat at the intermediate level or the Panchayat at the district level. But such nomination shall not exceed one-tenth of the total members to be elected in that Panchayat.
9. The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making
   the acquisition of land in the Scheduled Areas for development projects and before resettling
   or rehabilitating persons affected by such projects in the Scheduled Areas. However, the actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the state level.
10. Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to
    Panchayats at the appropriate level.
11. The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be
    mandatory for grant of prospecting licence or mining lease for minor minerals in the Scheduled Areas.
12. The prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall
    be mandatory for grant of concession for the exploitation of minor minerals by auction.
13. While endowing Panchayats in the Scheduled Areas with such powers and authority as may
    be necessary to enable them to function as institutions of self-government, a State Legislature
    shall ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed specifically with –
    (i) the power to enforce prohibition or to regulate or restrict the sale and consumption of any
    intoxicant
    (ii) the ownership of minor forest produce
    (iii) the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe
    (iv) the power to manage village markets
    (v) the power to exercise control over money lending to the Scheduled Tribes
    (vi) the power to exercise control over institutions and functionaries in all social sectors
    (vii) the power to control local plans and resources for such plans including tribal sub-plans 
14. The State Legislations shall contain safeguards to ensure that Panchayats at the higher level do not assume the powers and authority of any Panchayat at the lower level or of the Gram Sabha.
15. The State Legislature shall endeavour to follow the pattern of the Sixth Schedule to the Constitution while designing the administrative arrangements in the Panchayats at district levels in the Scheduled Areas.
16. Any provision of any law (relating to Panchayats in the Scheduled Areas) which is inconsistent with the provisions of this Act shall cease to be in force at the expiry of one year from the date on which this Act receives the assent of the President7. However, all the Panchayats existing immediately before such date shall continue till the expiry of their term, unless dissolved by the State Legislature sooner.

PANCHAYAT SECRETARY SCREENING TEST HELD ON 23-04-2017

73RD AMENDMENT ACT OF 1992

      This act has added a new Part-IX to the Constitution of India. It is entitled as ‘ThePanchayats’ and consists of provisions from Articles 243 to 243 O. In addition, the act has also added a new Eleventh Schedule to the Constitution. This schedule contains 29 functional items of the panchayats. It deals with Article 243-G.

       The act has given a practical shape to Article 40 of the Constitution which says that, “The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.” This article forms a part of the Directive Principles of State Policy.

       The act gives a constitutional status to the panchayati raj institutions. It has brought them under the purview of the justiciable part of the Constitution. In other words, the state governments are under constitutional obligation to adopt the new panchayati raj system in accordance with the provisions of the act. Consequently, neither the formation of panchayats nor the holding of elections at regular intervals depend on the will of the state government any more.

       The provisions of the act can be grouped into two categories—compulsory and voluntary. The compulsory (mandatory or obligatory) provisions of the act have to be included in the state laws creating the new panchayati raj system. The voluntary provisions, on the other hand, may be included at the discretion of the states. Thus the voluntary provisions of the act ensures the right of the states to take local factors like geographical, politico–administrative and others, into consideration while adopting the new panchayati raj system.

        The act is a significant landmark in the evolution of grassroot democratic institutions in the country. It transfers the representative democracy into participatory democracy. It is a revolutionary concept to build democracy at the grassroot level in the country.

Articles Related to Panchayats at a Glance

Article No.	Subject-matter
243.	Definitions
243A.	Gram Sabha
243B.	Constitution of panchayats
243C.	Composition of panchayats
243D.	Reservation of seats
243E.	Duration of panchayats, and so on
243F.	Disqualifications for membership
243G.	Powers, authority and responsibilities of panchayats
243H.	Powers to impose taxes by, and funds of, the panchayats
243-I.	Constitution of finance commission to review financial position
243J.	Audit of accounts of panchayats
243K.	Elections to the panchayats
243L.	Application to union territories
243M.	Part not to apply to certain areas
243N.	Continuance of existing laws and panchayats
243-O.	Bar to interference by courts in electoral matters

      Eleventh Schedule contains the following 29 functional items placed within the purview of panchayats:

1.     Agriculture, including agricultural extension

2.     Land improvement, implementation of land reforms, land consolidation and soil conservation

3.     Minor irrigation, water management and watershed development

4.     Animal husbandry, dairying and poultry

5.     Fisheries

6.     Social forestry and farm forestry

7.     Minor forest produce

8.     Small-scale industries, including food processing industries

9.     Khadi, village and cottage industries

10.            Rural housing

11.            Drinking water

12.            Fuel and fodder

13.            Roads, culverts, bridges, ferries, waterways and other means of communication

14.            Rural electrification, including distribution of electricity

15.            Non-conventional energy sources

16.            Poverty alleviation programme

17.            Education, including primary and secondary schools

18.            Technical training and vocational education

19.            Adult and non-formal education

20.            Libraries

21.            Cultural activities

22.            Markets and fairs

23.            Health and sanitation including hospitals, primary health centres and dispensaries

24.            Family welfare

25.            Women and child development

26.            Social welfare, including welfare of the handicapped and mentally retarded

27.            Welfare of the weaker sections, and in particular, of the scheduled castes and the scheduled tribes

28.            Public distribution system

29.            Maintenance of community assets.