pdo : panchayat raj rules 1993 : e notes

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1. Constitution Amendment to Article 732. History of Karnataka Panchayat Raj3. Constitution of Grama Panchayats, Powers and duties of Grama Panchayat

Adhyaksha and Upadhyaksha (Karnataka Panchayat Raj Act, 1993)4. Duties of Gram Panchayat (Karnataka Panchayat 5. Financial Resources of Gram panchayat (Karnataka Panchayat Raj Act, 1993)6. Staff of Grama Panchayats and duties (Karnataka Panchayat Raj Act, 1993)7. National Rural Employment Guarantee Act and Scheme8. Total Sanitation Campaign9. Government Housing Schemes ( Ashraya


THE SYLLABUS

Amendment to Article 73 and Article 74 History of Karnataka Panchayat Raj Constitution of Grama Panchayats, Powers and duties of Grama PanchayatAdhyaksha and Upadhyaksha (Karnataka Panchayat Raj Act, 1993)Duties of Gram Panchayat (Karnataka Panchayat Raj Act, 1993) Financial Resources of Gram panchayat (Karnataka Panchayat Raj Act, 1993)Staff of Grama Panchayats and duties (Karnataka Panchayat Raj Act, 1993)National Rural Employment Guarantee Act and Scheme Total Sanitation Campaign

ing Schemes ( Ashraya, Ambedkar, Indira Avas Yojane)

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Constitution of Grama Panchayats, Powers and duties of Grama Panchayat Adhyaksha and Upadhyaksha (Karnataka Panchayat Raj Act, 1993)

Financial Resources of Gram panchayat (Karnataka Panchayat Raj Act, 1993) Staff of Grama Panchayats and duties (Karnataka Panchayat Raj Act, 1993)

, Ambedkar, Indira Avas Yojane)

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Let’s Start It With The Information About PanchayatRaj System from

Wikipedia

History of panchayatiraj in India From Wikipedia, the free encyclopedia

India has a chequered history of panchayati raj starting from a self-sufficient and self-governing village communities that survived the rise and fall of empires in the past to the modern legalized institutions of governance at the third tier provided with Constitutional support.

Early history

During the time of the Rig-Veda (1200 BC), evidences suggest that self-governing village bodies called 'sabhas' existed. With the passage of time, these bodies became panchayats (council of five persons). Panchayats were functional institutions of grassroots governance in almost every village. The Village Panchayat or elected council had large powers, both executive and judicial. Land was distributed by this panchayat which also collected taxes out of the produce and paid the government's share on behalf of the village. Above a number of these village councils there was a larger panchayat or council to supervise and interfere if necessary [1]. Casteism and feudalistic system of governance under Mughal rule in the medieval period slowly eroded the self-government in villages. A new class of feudal chiefs and revenue collectors (zamindars) emerged between the ruler and the people. And, so began the stagnation and decline of self-government in villages. During the British rule, the autonomy of panchayats gradually declined with the establishment of local civil and criminal courts, revenue and police organisations, the increase in communications, the growth of individualism and the operation of the individual Ryotwari '(landholder-wise) system as against the Mahalwari or village tenure system.

During British rule

The panchayat had never been the priority of the British rulers [2]. The rulers were interested in the creation of 'controlled' local bodies, which could help them in their trading interests by collecting taxes for them. When the colonial administration came under severe financial pressure after the 1857 uprising, the remedy sought was decentralisation in terms of transferring responsibility for road and public works to local bodies. However, the thrust of this 'compelled' decentralisation was with respect to municipal administration.

From 1870 that Viceroy Lord Mayo's Resolution (for decentralisation of power to bring about administrative efficiency in meeting people's demand and to add to the finances


of colonial regime) gave the needed impetus to the development of local institutions. It was a landmark in the evolution of colonial policy towards local government. The real benchmarking of the government policy on decentralisation can, however, be attributed to Lord Ripon who, in his famous resolution on local self-government on May 18, 1882, recognised the twin considerations of local government: (i) administrative efficiency and (ii) political education. The ‘’’Ripon Resolution’’’, which focused on towns, provided for local bodies consisting of a large majority of elected non-official members and presided over by a non-official chairperson. This resolution met with resistance from colonial administrators. The progress of local self-government was tardy with only half-hearted steps taken in setting up municipal bodies. Rural decentralisation remained a neglected area of administrative reform.

The Royal Commission on Decentralisation(1907 ) under the chairmanship of C.E.H. Hobhouse recognised the importance of panchayats at the village level. The commission recommended that "it is most desirable, alike in the interests of decentralisation and in order to associate the people with the local tasks of administration, that an attempt should be made to constitute and develop village panchayats for the administration of local village affairs".[3]

But, the Montague-Chemsford reforms (1919) brought local self-government as a provincial transferred subject, under the domain of Indian ministers in the provinces. Due to organisational and fiscal constraints, the reform was unable to make panchayat institutions truly democratic and vibrant. However, the most significant development of this period was the 'establishment of village panchayats in a number of provinces, that were no longer mere ad hoc judicial tribunal, but representative institutions symbolising the corporate character of the village and having a wide jurisdiction in respect of civic matters'. l By 1925, eight provinces had passed panchayat acts and by 1926, six native states had also passed panchayat laws.

The provincial autonomy under the Government of India Act, 1935, marked the evolution of panchayats in India. Popularly elected governments in provinces enacted legislations to further democratise institutions of local self-government. But the system of responsible government at the grassroots level was least responsible. D.P. Mishra, the then minister for local self-government under the Government of India Act of 1935 in Central Provinces was of the view that 'the working of our local bodies... in our province and perhaps in the whole country presents a tragic picture... 'Inefficiency' and 'local body' have become synonymous terms....' [4].

In spite of various committees such as the Royal Commission on Decentralization (1907), the report of Montague and Chemsford on constitutional reform (1919), the Government of India Resolution (1918), etc., a hierarchical administrative structure based on supervision and control evolved. The administrator became the focal point of rural governance. The British were not concerned with decentralised democracy but were aiming for colonial objectives. [5]


The Indian National Congress from the 1920s to 1947, emphasized the issue of all-India Swaraj, and organized movements for Independence under the leadership of Mahatma Gandhi. The task of preparing any sort of blueprint for the local level was neglected as a result. There was no consensus among the top leaders regarding the status and role to be assigned to the institution of rural local self-government; rather there were divergent views on the subject. On the one end Gandhi favoured Village Swaraj and strengthening the village panchayat to the fullest extent and on the other end, Dr. B.R. Ambedkar opposed this idea. He believed that the village represented regressive India, a source of oppression. The model state hence had to build safeguards against such social oppression and the only way it could be done was through the adoption of the parliamentary model of politics [6] During the drafting of the Constitution of India, Panchayati Raj Institutions were placed in the non-justiciable part of the Constitution, the Directive Principles of State Policy, as Article 40. The Article read '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'. However, no worthwhile legislation was enacted either at the national or state level to implement it.

In the four decades since the adoption of the Constitution, panchayat raj institutions have travelled from the non-justiciable part of the Constitution to one where, through a separate amendment, a whole new status has been added to their history [7]

Post-independence period

Panchayat raj had to go through various stages. The First Five Year Plan failed to bring about active participation and involvement of the people in the Plan processes, which included Plan formulation implementation and monitoring. The Second Five Year Plan attempted to cover the entire countryside with National Extensive Service Blocks through the institutions of Block Development Officers, Assistant Development Officers, Village Level Workers, in addition to nominated representatives of village panchayats of that area and some other popular organisations like co-operative societies. But the plan failed to satisfactorily accomplish decentralisation. Hence, committees were constituted by various authorities to advise the Centre on different aspects of decentralisation.

The Balwantrai Mehta Committee (1957)

In 1957, Balwantrai Mehta Committee studied the Community Development Projects and the National Extension Service and assessed the extent to which the movement had succeeded in utilising local initiatives and in creating institutions to ensure continuity in the process of improving economic and social conditions in rural areas. The Committee held that community development would only be deep and enduring when the community was involved in the planning, decision-making and implementation process [8] . The suggestions were for as follows [9] :-

• an early establishment of elected local bodies and devolution to them of necessary resources, power and authority,


• that the basic unit of democratic decentralisation was at the block/ samiti level since the area of jurisdiction of the local body should neither be too large nor too small. The block was large enough for efficiency and economy of administration, and small enough for sustaining a sense of involvement in the citizens,

• such body must not be constrained by too much control by the government or government agencies,

• the body must be constituted for five years by indirect elections from the village panchayats,

• its functions should cover the development of agriculture in all its aspects, the promotion of local industries and others

• services such as drinking water, road building, etc., and

• the higher level body, Zilla Parishad, would play an advisory role.

The PRI structure did not develop the requisite democratic momentum and failed to cater to the needs of rural development. There are various reasons for such an outcome which include political and bureaucratic resistance at the state level to share power and resources with local level institutions, domination of local elites over the major share of the benefits of welfare schemes, lack of capability at the local level and lack of political will.

K. Santhanam Committee (1963)

One of the prime areas of concern in this long debate on panchayati raj institutions was fiscal decentralisation. The K. Santhanam Committee was appointed to look solely at the issue of PRI finance, in 1963. The fiscal capacity of PRIs tends to be limited, as rich resources of revenue are pre-empted by higher levels of government, and issue is still debated today. The Committee was asked to determine issues related to sanctioning of grants to PRIs by the state government, evolving mutual financial relations between the three tiers of PRIs, gifts and donation, handing over revenue in full or part to PRIs. The Committee recommended the following [10]:

• panchayats should have special powers to levy special tax on land revenues and home taxes, etc.,

• people should not be burdened with too many demands (taxes),

• all grants and subventions at the state level should be mobilised and sent in a consolidated form to various PRIs,


• a Panchayat Raj Finance Corporation should be set up to look into the financial resource of PRIs at all levels, provide loans and financial assistance to these grassroots level governments and also provide non-financial requirements of villages.

These issues have been debated over the last three decades and have been taken up by the State Finance Commissions which are required to select taxes for assignment and sharing, identifying the principles for such sharing and assignment, determine the level of grants and recommend the final distribution of state's transfers to local authorities.20

Ashok Mehta Committee (1978)

With the coming of the Janata Party into power at the Centre in 1977, a serious view was taken of the weaknesses in the functioning of Panchayati Raj [11]. It was decided to appoint a high-level committee under the chairmanship of Ashok Mehta to exa¬mine and suggest measures to strengthen PRIs. The Committee had to evolve an effective decentralised system of development for PRIs. They made the following recommendations [12] :-

• the district is a viable administrative unit for which planning, co-ordination and resource allocation are feasible and technical expertise available,

• PRIs as a two-tier system, with Mandal Panchayat at the base and Zilla Parishad at the top,

• the PRIs are capable of planning for themselves with the resources available to them,

• district planning should take care of the urban-rural continuum,

• representation of SCs and STs in the election to PRIs on the basis of their population,

• four-year term of PRIs,

• participation of political parties in elections,

• any financial devolution should be committed to accepting that much of the developmental functions at the district level would be played by the panchayats.

The states of Karnataka, Andhra Pradesh and West Bengal passed new legislation based on this report. However, the flux in politics at the state level did not allow these institutions to develop their own political dynamics.

V.K. Rao Committee (1985)

The G.V.K. Rao Committee was appointed to once again look at various aspects of PRIs. The Committee was of the opinion that a total view of rural development must be


taken in which PRIs must play a central role in handling people's problems. It recommended the following [13] :-

• PRIs have to be activated and provided with all the required support to become effective organisations,

• PRIs at the district level and below should be assigned the work of planning, implementation and monitoring of rural development programmes, and

• the block development office should be the spinal cord of the rural development process.

L.M., Singhvi Committee (1986)

L.M. Singhvi Committee studied panchayatiraj. The Gram Sabha was considered as the base of a decentralised democracy, and PRIs viewed as institutions of self-governance which would actually facilitate the participation of the people in the process of planning and development. It recommended [14] :

• local self-government should be constitutionally recognised, protected and preserved by the inclusion of new chapter in the Constitution,

• non-involvement of political parties in Panchayat elections.

The suggestion of giving panchayats constitutional status was opposed by the Sarkaria Commission, but the idea, however, gained momentum in the late 1980s especially because of the endorsement by the late Prime Minister Rajiv Gandhi, who introduced the 64th Constitutional Amendment Bill in 1989. The 64th Amendment Bill was prepared and introduced in the lower house of Parliament. But it got defeated in the Rajya Sabha as non-convincing. He lost the general elections too. In 1989, the National Front introduced the 74th Constitutional Amendment Bill, which could not become an Act because of the dissolution of the Ninth Lok Sabha. All these various suggestions and recommendations and means of strengthening PRIs were considered while formulating the new Constitutional Amendment Act.

The 73rd Constitutional Amendment Act

The idea that produced the 73rd Amendment [15] was not a response to pressure from the grassroots, but to an increasing recognition that the institutional initiatives of the preceding decade had not delivered, that the extent of rural poverty was still much too large and thus the existing structure of government needed to be reformed. It is interesting to note that this idea evolved from the Centre and the state governments. It was a political drive to see PRIs as a solution to the governmental crises that India was experiencing. The Constitutional (73rd Amendment) Act, passed in 1992 by the Narasimha Rao government, came into force on April 24, 1993. It was meant to provide


constitutional sanction to establish "democracy at the grassroots level as it is at the state level or national level". Its main features are as follows [16]:

• The Gram Sabha or village assembly as a deliberative body to decentralised governance has been envisaged as the foundation of the Panchayati Raj System.

• A uniform three-tier structure of panchayats at village (Gram Panchayat — GP), intermediate (Panchayat Samiti — PS) and district (Zilla Parishad — ZP) levels.

• All the seats in a panchayat at every level are to be filled by elections from respective territorial constituencies.

• Not less than one-third of the total seats for membership as well as office of chairpersons of each tier have to be reserved for women.

• Reservation for weaker castes and tribes (SCs and STs) have to be provided at all levels in proportion to their population in the panchayats.

• To supervise, direct and control the regular and smooth elections to panchayats, a State Election Commission has to be constituted in every State and UT.

• The Act has ensured constitution of a State Finance Commission in every State/UT, for every five years, to suggest measures to strengthen finances of PRIs.

• To promote bottom-up-planning, the District Planning Committee fDPC} in every district has been accorded constitutional status.

• An indicative list of 29 items has been given in Eleventh Schedule of the Constitution. Panchayats are expected to play an effective role in planning and implementation of works related to these 29 items.

Present scenario

At present, there are about 3 million elected representatives at all levels of the panchayat one-third of which are women. These members represent more than 2.4 lakh Gram Panchayats, about 6,000 intermediate level tiers and more than 500 district panchayats . Spread over the length and breadth of the country, the new panchayats cover about 96 per cent of India's more than 5.8 lakh villages and nearly 99.6 per cent of rural population. This is the largest experiment in decentralisation of governance in the history of humanity.

The Constitution visualises panchayats as institutions of self-governance. However, giving due consideration to the federal structure of our polity, most of the financial powers and authorities to be endowed on panchayats have been left at the discretion of concerned state legislatures. Consequently, the powers and functions vested in PRIs vary from state to state. These provisions combine representative and direct democracy


into a synergy and are expected to result in an extension and deepening of democracy in India. Hence, panchayats have journeyed from an institution within the culture of India to attain constitutional status.

References

1. ^ Jawaharlal Nehru, (1964), The Discovery of India, Signet Press, Calcutta, p.288 2. ^ George Mathew, Ed :Status of Panchayati Raj in the States and Union Territories of

India 2000/edited by George Mathew. Delhi, Concept for Institute of Social Sciences, 2000,

3. ^ Report of the Royal-€OInmission on Decentralisation, 1907 4. ^ Venkatarangaiah, M. and M. Pattabhiram (1969), 'Local Government in India:Select

Readings', Allied Publishers, New Delhi 5. ^ Venkatarangaiah, M. and M. Pattabhiram (1969), 'Local Government in India:Select

Readings', Allied Publishers, New Delhi 6. ^ World Bank, (2000), Overview of Rural Decentralisation in India, Volume III,p. 18 7. ^ Bajpai and Verma, (1995), Panchayati Raj in India: A New Thrust,Vol. I, p. 3 8. ^ Government of India, Report of the Team for the Study of Community Projects and

National Extension Service, (Chairperson: Balvantray Mehta), Committee on Plan Projects, National Development Council, (New Delhi, November 1957), Vol. I,

9. ^ Anirban Kashyap : Panchaytiraj , Views of founding fathers and recommendation of different committees , New Delhi, Lancer Books, 1989 P 109

10. ^ Mahoj Rai et al. :The state of Panchayats – A participatory perspective, New Delhi, Smscriti, 2001 P 7

11. ^ Asoka Mehta committee : Government of India, Report of the Committee on Panchayati Raj Institutions, Ministry of Agriculture and Irrigation, Department of Rural Development, (New Delhi, 1978),

12. ^ Anirban Kashyap : Panchaytiraj , Views of founding fathers and recommendation of different committees , New Delhi, Lancer Books, 1989 P 112

13. ^ World Bank: Overview of ruraldecentralisation in indi Volume III World Bank, 2000 P 21

14. ^ Mahoj Rai et al. :The state of Panchayats – A participatory perspective, New Delhi, Smscriti, 2001 P 9

15. ^ The Constitution (Seventy Third Amendment) Act, 1992, The Gazette of India, Ministry of Law, Justice and Company Affairs, New Delhi, 1993.

16. ^ T M Thomas Issac with Richard Franke : Local democracy and development – Peoples Campaign for decentralized planning in Kerala, New Delhi, Leftword Books, 2000 P 19

External links

1. Milestones in the Evolution of Local Government since Independence 2. World Bank : Overview of rural decentralization 3. Decentralisation in India : Challenges and opportunities, UNDP,2000 p 4


Panchayati Raj

The Panchayat is a South Asian"Panchayat" literally means assembly (chosen and accepted by the disputes between individuals and villages. Modern Indian government has decentseveral administrative functions to the village level, empowering elected panchayats. Gram panchayats are not to be confused with the unelected panchayats (or caste panchayats) found in some parts of India.

Panchayati Raj

The term ‘panchayat raj’ is relatively new, having originated during the administration. 'Raj' literally means governance or government. advocated Panchayati Raj, a decentralized form of Government where each village is responsible for its own affairs, as the foundation of India's political system. His term for such a vision was "Gram Swaraj

It was adopted by state governments during the 1950s and 60s as laws were passed to establish Panchayats in various states. It also found backing in the with the 73rd amendment in 1992 to accommodate the idea. The Amendment Act of 1992 contains provision for devolution of powers and responsibilities to the to both for preparation of plans for economic development and social justice and for implementation in relation to twentyconstitution.[2]


Panchayati Raj From Wikipedia, the free encyclopedia

India

South Asian political system mainly in India, Pakistan"Panchayat" literally means assembly (yat) of five (panch) wise and respected elders chosen and accepted by the village community. Traditionally, these assemblies settled disputes between individuals and villages. Modern Indian government has decentseveral administrative functions to the village level, empowering elected

. Gram panchayats are not to be confused with the unelected panchayats (or caste panchayats) found in some parts of India.[1]

The term ‘panchayat raj’ is relatively new, having originated during the . 'Raj' literally means governance or government.

, a decentralized form of Government where each village is responsible for its own affairs, as the foundation of India's political system. His term for

Gram Swaraj" (Village Self-governance).

It was adopted by state governments during the 1950s and 60s as laws were passed to establish Panchayats in various states. It also found backing in the with the 73rd amendment in 1992 to accommodate the idea. The Amendment Act of 1992 contains provision for devolution of powers and responsibilities to the to both for preparation of plans for economic development and social justice and for implementation in relation to twenty-nine subjects listed in the eleventh schedule of the

Punarnava

From Wikipedia, the free encyclopedia

Pakistan, and Nepal. ) wise and respected elders

community. Traditionally, these assemblies settled disputes between individuals and villages. Modern Indian government has decentralised several administrative functions to the village level, empowering elected gram

. Gram panchayats are not to be confused with the unelected khap

The term ‘panchayat raj’ is relatively new, having originated during the British . 'Raj' literally means governance or government. Mahatma Gandhi

, a decentralized form of Government where each village is responsible for its own affairs, as the foundation of India's political system. His term for

It was adopted by state governments during the 1950s and 60s as laws were passed to establish Panchayats in various states. It also found backing in the Indian Constitution, with the 73rd amendment in 1992 to accommodate the idea. The Amendment Act of 1992 contains provision for devolution of powers and responsibilities to the panchayats to both for preparation of plans for economic development and social justice and for

nine subjects listed in the eleventh schedule of the


The panchayats receive funds from three sources –

(i) local body grants, as recommended by the Central Finance Commission, (ii) funds for implementation of centrally-sponsored schemes, and (iii) funds released by the state governments on the recommendations of the

State Finance Commissions.[2]

In the history of Panchayati Raj in India, on April 24, 1993, the Constitutional (73rd Amendment) Act, 1992 came into force to provide constitutional status to the Panchayati Raj institutions. This Act was extended to Panchayats in the tribal areas of eight States, namely Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Orissa and Rajasthan from December 24, 1996.

The Act aims to provide 3-tier system of Panchayati Raj for all States having population of over 2 million, to hold Panchayat elections regularly every 5 years, to provide reservation of seats for Scheduled Castes, Scheduled Tribes and Women, to appoint State Finance Commission to make recommendations as regards the financial powers of the Panchayats and to constitute District Planning Committee to prepare draft development plan for the district.

Powers and responsibilities are 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.

Village level (Panchayat)

Panchayati Raj is a system of governance in which gram panchayats are the basic units of administration. It has 3 levels: village, block and district. At the village level, it is called a Panchayat. It is a local body working for the good of the village. The number of members usually ranges from 7 to 31; occasionally, groups are larger, but they never have fewer than 7 members.

The block-level institution is called the Panchayat Samiti. The district-level institution is called the Zilla Parishad.

Gram Panchayat

Gram sabha is constituted by all members of a village over the age of 18 years.The Gram Sabha elects the Gram Panchayat a council of elected members taking decisions on issues key to a village's social, cultural and economic life: thus, a Gram Panchayat is also a village's body of elected representatives. The council leader is named Sarpanch in Hindi, and each member is a Gram Panchayat Sadasya or Panch. The panchayat acts as a conduit between the local government and the people. Decisions are taken by a majority vote (Bahumat). It is said that in such a system, each villager can voice his


opinion in the governance of his village.[citation needed] Decisions are taken without lengthy legal procedures and the process remains for the most part transparent.[citation needed] Panchayat is an ancient Indian word that means means Five Persons ( Headman ). Since its inception, Panchayat has come a long way, it is currently included in the constitution of the Government of India.

Intermediate level panchayat

This is the panchayat set at the block or tehsil level for a group of grama panchayats in States where the total population exceeds 20 lakh. Block level panchayat is not advisable for many States like Kerala.

District level panchayat

This is the panchayats at the district level. Every district in the States where panchayat raj is implemented will have a District or Zilla Panchayats

References

1. ^ Rohit Mullick & Neelam Raaj (9 Sep 2007). "Panchayats turn into kangaroo courts". The Times of India. http://timesofindia.indiatimes.com/Opinion/Sunday_Specials/Panchayats_turn_into_kangaroo_courts/rssarticleshow/2351247.cms.

2. ^ a b India 2007, p. 696, Publications Division, Ministry of Information and Broadcasting, Government of India

• http://www.britannica.com/eb/article-9374468 • http://lcweb2.loc.gov/frd/cs/nepal/np_glos.html • http://www.zeenews.com/znnew/articles.asp?aid=333357&sid=REG • http://www.hrw.org/reports/1999/india/India994-07.htm

External links

• Ministry of Panchayati Raj, Government of India • Panchayati Raj • See the entry on Panchayat in Encyclopedia Britannica • A Feature on the Women of the Indian Panchayats, with video, by the

International Museum of Women.


Now, Let’s Jump To Our Syllabus

1111

THE CONSTITUTION THE CONSTITUTION THE CONSTITUTION THE CONSTITUTION

(SEVENTY(SEVENTY(SEVENTY(SEVENTY----THIRD AMENDMENT) ACT, 1992THIRD AMENDMENT) ACT, 1992THIRD AMENDMENT) ACT, 1992THIRD AMENDMENT) ACT, 1992

Statement of Objects and Reasons appended to the Constitution (Seventy-second Amendment) Bill, 1991 which was enacted as the Constitution (Seventy-third Amendment) Act, 1992

STATEMENT OF OBJECTS AND REASONS

Though the Panchayati Raj Institutions have been in existence for a long time, it has been observed that these institutions have not been able to acquire the status and dignity of viable and responsive people's bodies due to a number of reasons including absence of regular elections, prolonged supersession, insufficient representation of weaker sections like Scheduled Castes, Scheduled Tribes and women, inadequate devolution of powers and lack of financial resources.

2. Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down 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. In the light of the experience in the last forty years and in view of the short-comings which have been observed, it is considered that there is an imperative need to enshrine in the Constitution certain basic and essential features of Panchayati Raj Institutions to impart certainty, continuity and strength to them.

3. Accordingly, it is proposed to add a new Part relating to Panchayats in the Constitution to provide for among other things, Gram Sabha in a village or group of villages; constitution of Panchayats at village and other level or levels; direct elections to all seats in Panchayats at the village and intermediate level, if any, and to the offices of Chairpersons of Panchayats at such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their population for membership of Panchayats and office of Chairpersons in Panchayats at each level; reservation of not less than one-third of the seats for women; fixing tenure of 5 years for Panchayats and holding elections within a period of 6 months in the event of supersession of any Panchayat; disqualifications for membership of Panchayats; devolution by the State Legislature of powers and responsibilities upon the Panchayats with respect to the preparation of plans for economic developments and social justice and for the implementation of development schemes; sound finance of the Panchayats by securing authorisation from State Legislatures for grants-in-aid to the Panchayats from the


Consolidated Fund of the State, as also assignment to, or appropriation by, the Panchayats of the revenues of designated taxes, duties, tolls and fees; setting up of a Finance Commission within one year of the proposed amendment and thereafter every 5 years to review the financial position of Panchayats; auditing of accounts of the Panchayats; powers of State Legislatures to make provisions with respect to elections to Panchayats under the superintendence, direction and control of the chief electoral officer of the State; application of the provisions of the said Part to Union territories; excluding certain States and areas from the application of the provisions of the said Part; continuance of existing laws and Panchayats until one year from the commencement of the proposed amendment and barring interference by courts in electoral matters relating to Panchayats.

4. The Bill seeks to achieve the aforesaid objectives.

NEW DELHI; G. VENKAT SWAMY.

The 10th September, 1991.

THE CONSTITUTION (SEVENTY-THIRD AMENDMENT) ACT, 1992

[20th April, 1993.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:-

1. Short title and commencement.-(1) This Act may be called the Constitution (Seventy-third Amendment) Act, 1992.

(2) It shall come into force on such date_680 as the Central Government may, by notification in the Official Gazette, appoint.

2. Insertion of new Part IX.- After Part VIII of the Constitution, the following Part shall be inserted, namely:-

`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, by 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 Pancayats:

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.

(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 this 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 throughout 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 Pancayats 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

(b) the Scheduled Tribes,

in every Panchayat and the number of seats of 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 be 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 Chairpersons in the Panchayats at any level in favour of backward class of citizens.

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 period 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 twenty-one years;

(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.

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;

(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayat;

(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.

(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 subject 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 areas 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.

(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 House 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.'.

Constitution, after sub-clause (b), the following sub-clause shall be inserted, namely:-

"(bb) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;".

Constitution, the following Schedule shall be added, namely:-


"ELEVENTH SCHEDULE

(Article 243G)

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.".


1111

THE CONSTITUTION THE CONSTITUTION THE CONSTITUTION THE CONSTITUTION

(SEVENTY(SEVENTY(SEVENTY(SEVENTY----FOURTH AMENDMENT)ACT, 1992FOURTH AMENDMENT)ACT, 1992FOURTH AMENDMENT)ACT, 1992FOURTH AMENDMENT)ACT, 1992

Statement of Objects and Reasons appended to the Constitution (Seventy-third Amendment) Bill, 1991 which was enacted as the Constitution (Seventy-fourth Amendment) Act, 1992

STATEMENT OF OBJECTS AND REASONS

In many States local bodies have become weak and ineffective on account of a variety of reasons, including the failure to hold regular elections, prolonged supersession and inadequate devolution of powers and functions. As a result, Urban Local Bodies are not able to perform effectively as vibrant democratic units of self-government.

2. Having regard to these inadequacies, it is considered necessary that provisions relating to Urban Local Bodies are incorporated in the Constitution particularly for-

(i) putting on a firmer footing the relationship between the State Government and the Urban Local Bodies with respect to-

(a) the functions and taxation powers; and

(b) arrangements for revenue sharing;

(ii) Ensuring regular conduct of elections;

(iii) ensuring timely elections in the case of supersession; and

(iv) providing adequate representation for the weaker sections like Scheduled Castes, Scheduled Tribes and women.

3. Accordingly, it is proposed to add a new part relating to the Urban Local Bodies in the Constitution to provide for-

(a) constitution of three types of Municipalities:

(i) Nagar Panchayats for areas in transition from a rural area to urban area;

(ii) Municipal Councils for smaller urban areas;


(iii) Municipal Corporations for larger urban areas.

The broad criteria for specifying the said areas is being provided in the proposed article 243-0;

(b) composition of Municipalities, which will be decided by the Legislature of a State, having the following features:

(i) persons to be chosen by direct election;

(ii) representation of Chairpersons of Committees, if any, at ward or other levels in the Municipalities;

(iii) representation of persons having special knowledge or experience of Municipal Administration in Municipalities (without voting rights);

(c) election of Chairpersons of a Municipality in the manner specified in the State law;

(d) constitution of Committees at ward level or other level or levels within the territorial area of a Municipality as may be provided in the State law;

(e) reservation of seats in every Municipality-

(i) for Scheduled Castes and Scheduled Tribes in proportion to their population of which not less than one-third shall be for women;

(ii) for women which shall not less than one-third of the total number of seats;

(iii) in favour of backward class of citizens if so provided by the Legislature of the State;

(iv) for Scheduled Castes, Scheduled Tribes and women in the office of Chairpersons as may be specified in the State law;

(f) fixed tenure of 5 years for the Municipality and re-election within six months of end of tenure. If a Municipality is dissolved before expiration of its duration, elections to be held within a period of six months of its dissolution;

(g) devolution by the State Legislature of powers and responsibilities upon the Municipalities with respect to preparation of plans for economic development and social justice, and for the implementation of development schemes as may be required to enable them to function as institutions of self-government;

(h) levy of taxes and duties by Municipalities, assigning of such taxes and duties to Municipalities by State Governments and for making grants-in-aid by the State to the Municipalities as may be provided in the State law;


(i) a Finance Commission to review the finances of the Municipalities and to recommend principles for-

(1) determining the taxes which may be assigned to the Municipalities;

(2) Sharing of taxes between the State and Municipalities;

(3) grants-in-aid to the Municipalities from the Consolidated Fund of the State;

(j) audit of accounts of the Municipal Corporations by the Comptroller and Auditor-General of India and laying of reports before the Legislature of the State and the Municipal Corporation concerned;

(k) making of law by a State Legislature with respect to elections to the Municipalities to be conducted under the superintendence, direction and control of the chief electoral officer of the State;

(l) application of the provisions of the Bill to any Union territory or part thereof with such modifications as may be specified by the President;

(m) exempting Scheduled areas referred to in clause (1), and tribal areas referred to in clause (2), of article 244, from the application of the provisions of the Bill. Extension of provisions of the Bill to such areas may be done by Parliament by law;

(n) disqualifications for membership of a Municipality;

(o) bar of jurisdiction of Courts in matters relating to elections to the Municipalities.

4. The Bill seeks to achieve the aforesaid objectives.

NEW DELHI; SHEILA KAUL.

The 11th September, 1991.

THE CONSTITUTION (SEVENTY-FOURTH AMENDMENT) ACT, 1992

[20th April, 1993.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:-

1. Short title and commencement.-(1) This Act may be called the Constitution (Seventy-fourth Amendment) Act, 1992.


(2) It shall come into force on such date_681 as the Central Government may, by notification in the Official Gazette, appoint.

2. Insertion of new Part IXA.-After Part IX of the Constitution, the following Part shall be inserted, namely:-

`PART IXA

THE MUNICIPALITIES

243P. Definitions.-In this Part, unless the context otherwise requires,-

(a) "Committee" means a Committee constituted under article 243S;

(b) "district" means a district in a State;

(c) "Metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part;

(d) "Municipal area" means the territorial area of a Municipality as is notified by the Governor;

(e) "Municipality" means an institution of self-government constituted under article 243Q;

(f) "Panchayat" means a Panchayat constituted under article 243B;

(g) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.

243Q. Constitution of Municipalities.-(1) There shall be constituted in every State,-

(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area;

(b) a Municipal Council for a smaller urban area; and

(c) a Municipal Corporation for a larger urban area,

in accordance with the provisions of this Part:

Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial


establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township.

(2) In this article, "a transitional area", "a smaller urban area" or "a larger urban area" means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part.

243R. Composition of Municipalities.- (1) Save as provided in clause (2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.

(2) The Legislature of a State may, by law, provide-

(a) for the representation in a Municipality of-

(i) persons having special knowledge or experience in Municipal administration;

(ii) 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 the Municipal area;

(iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area;

(iv) the Chairpersons of the Committees constituted under clause (5) of article 243S:

Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality;

(b) the manner of election of the Chairperson of a Municipality.

243S. Constitution and composition of Wards Committees, etc.-(1) There shall be constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more.

(2) The Legislature of a State may, by law, make provision with respect to-

(a) the composition and the territorial area of a Wards Committee;

(b) the manner in which the seats in a Wards Committee shall be filled.


(3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.

(4) Where a Wards Committee consists of-

(a) one ward, the member representing that ward in the Municipality; or

(b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee.

(5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the constitution of Committees in addition to the Wards Committees.

243T. Reservation of seats.-(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipally 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 Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.

(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 Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.

(4) The officers of Chairpersons in the Municipalities 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.

(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 Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens.


243U. Duration of Municipalities, etc.-(1) Every Municipality, 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:

Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality 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 Municipality 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 Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period.

(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under clause (1) had it not been so dissolved.

243V. Disqualifications for membership.-(1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality-

(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 twenty-one years;

(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 Municipality 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.

243W. Powers, authority and responsibilities of Municipalities, etc.- Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow-

(a) the Municipalities 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 Municipalities, subject to such conditions as may be specified therein, with respect to-

(i) the preparation of plans for economic development and social justice;

(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;

(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.

243X. Power to impose taxes by, and Funds of, the Municipalities.-The Legislature of a State may, by law,-

(a) authorise a Municipality 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 Municipality 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 Municipalities 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 Municipalities and also for the withdrawal of such moneys therefrom.

as may be specified in the law.

243Y. Finance Commission.-(1) The Finance Commission constituted under article 243-I shall also review the financial position of the Municipalities and make recommendations to the Governor as to-

(a) the principles which should govern-

(i) the distribution between the State and the Municipalities 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 Municipalities at all levels of their respective shares of such proceeds;

(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities;

(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State;


(b) the measures needed to improve the financial position of the Municipalities;

(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities.

(2) 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.

243Z. Audit of accounts of Municipalities.-The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.

243ZA. Elections to the Municipalities.-(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in article 243K.

(2) 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 Municipalities.

243ZB. 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 subject to such exceptions and modifications as he may specify in the notification.

243ZC. 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 areas referred to in clause (2), of article 244.

(2) Nothing in this Part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal.

(3) Notwithstanding anything in this Constitution, 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.


243ZD. Committee for district planning.-(1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalitiies in the district and to prepare a draft development plan for the district as a whole.


(a) the composition of the District Planning Committees;

(b) the manner in which the seats in such Committees shall be filled:

Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district;

(c) the functions relating to district planning which may be assigned to such Committees;

(d) the manner in which the Chairpersons of such Committees shall be chosen.

(3) Every District Planning Committee shall, in preparing the draft development plan,-

(a) have regard to-

(i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

(ii) the extent and type of available resources whether financial or otherwise;

(b) consult such institutions and organisations as the Governor may, by order, specify.

(4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

243ZE. Committee for Metropolitan planning.-(I) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.


(a) the composition of the Metropolitan Planning Committees;

(b) the manner in which the seats in such Committees shall be filled:


Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;

(c) the representation in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees;

(d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees;

(e) the manner in which the Chairpersons of such Committees shall be chosen.

(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan,-

(a) have regard to-

(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;

(ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

(iii) the overall objectives and priorities set by the Government of India and the Government of the State;

(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise;

(b) consult such institutions and organisations as the Governor may, by order, specify.

(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

243ZF. Continuance of existing laws and Municipalities.- Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of THE CONSTITUTION (Seventy-fourth 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 Municipalities 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 House of the Legislature of that State.

243ZG. 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 243ZA shall not be called in question in any court;

(b) no election to any Municipality 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.'.

3. Amendment of article 280.- In clause (3) of article 280 of the Constitution, sub-clause (c) shall be relettered as sub-clause (d) and before sub-clause (d) as so relettered, the following sub-clause shall be inserted, namely:-

"(c) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;".

4. Addition of Twelfth Schedule.-After the Eleventh Schedule to the Constitution, the following Schedule shall be added, namely:-

"TWELFTH SCHEDULE

(Article 243W)

1. Urban planning including town planning.

2. Regulation of land-use and construction of buildings.

3. Planning for economic and social development.

4. Roads and bridges.

5. Water supply for domestic, industrial and commercial purposes.

6. Public health, sanitation conservancy and solid waste management.

7. Fire services.

8. Urban forestry, protection of the environment and promotion of ecological aspects.


9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.

10. Slum improvement and upgradation.

11. Urban poverty alleviation.

12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.

13. Promotion of cultural, educational and aesthetic aspects.

14. Burials and burial grounds; cremations, cremation grounds and electric crematoriums.

15. Cattle pounds; prevention of cruelty to animals.

16. Vital statistics including registration of births and deaths.

17. Public amenities including street lighting, parking lots, bus stops and public conveniences.

18. Regulation of slaughter houses and tanneries.''.


2

History of PANCHAYAT RAJ in Karnataka

Intro. By RDPR Dept. Karnataka

Karnataka has 56,682 rural habitations including 27,017 Revenue villages. According to 2001 census, about 348 lakhs of its people, out of a total population of 448 lakhs live in these rural habitations. That constitutes about 69% of the State's population and about 62 lakhs households who live in the rural areas depending mainly on agriculture. The distinguishing features of the State's rural society are the following: -

(a) the existence of a large number of scattered habitations;

(b) dependence on agriculture and related activities;

(c) low share in the state domestic product as compared to its population, which means

that it is characterised by low per capita incomes;

(d) low levels of infrastructure like roads, electricity, housing and water supply; and (e) lower rank than the urban areas of the State in terms of human development parameters like literacy, health services and skill endowments. Development of rural areas in the State would therefore imply improving the productivity of agriculture and other economic activities in the rural areas, improving the coverage and quality of infrastructure, and improving the quality of services, which contribute directly to upgrading the quality of human resources. The Department of Rural Development and Panchayat Raj is implementing number of schemes for improvement of living conditions of the people, to create economic and political awareness in rural areas. 1. Improvement of Rural Infrastructure

In order to promote improvement in the quality of life in the rural areas it is necessary to promote the development of infrastructure including rural communications, housing, water supply and sanitation, watershed development and minor irrigation. a) Development of Rural Roads

The total length of rural roads in the State is 104034 Kms. Out of this 23511Kms. is asphalted. Roads with macadam surface, less than about 40,000 Kms. is considered as


all weather roads.Improvement of Roads and their maintenance is the responsibility of the Zilla Panchayats since 1987. The technical supervision is the responsibility of Rural Development and Panchayat Raj Department. Improvement of Roads and their maintenance is being done through the district sector Roads & Bridges schemes, Employment generation schemes and Pradhan Manthri Gram Sadak Yojana etc.,

b) Rural Water Supply

The Department has the responsibility of coordinating the provision of water supply for domestic purposes in over 56,682 rural habitations in the State in conformity with national norms for rural water supply. For this purpose, the Department is implementing the State sponsored Rural Water Supply Schemes, Centrally sponsored Accelerated Rural Water Supply Programme, Sub-Mission Projects for Rural habitations with water quality problems under the Rajiv Gandhi National Drinking Water Mission, and Externally Aided Projects with the assistance of the World Bank and Danida.

c) Rural Sanitation

Promotion of Rural Sanitation is being carried out by the department through the state owned programme Nirmala Grama Yojana and the Central Rural Sanitation Programme (CRSP). Latrines are being provided to primary schools with water supply facilities. A novel habitat development programme Swachcha Grama Scheme has been launched this year with a cost of Rs.200 crores for implementation in 1000 villages with assistance from HUDCO.

d) Minor Irrigation

There are 36,696 small tanks in the state out of which tanks having an achcut area of 40 hectares and below come under the jurisdiction of Zilla Panchayats. There are 33,374 such Minor Irrigation Tanks.

2. Poverty Alleviation

The Department is implementing a number of programmes for poverty alleviation in the rural areas both through assistance for self-employment activities, and through wage employment oriented works.

Swarna Jayanthi Gram Swarozgar Yojana (SGSY) is aimed at assisting the rural households who are below poverty line through credit, subsidy, training facilities and other supporting activities to enable the rural poor to take up remunerative self employment oriented activities.


On the other hand, programmes like Jawahar Gram Samridhi Yojana (JGSY) and Employment Assurance Scheme (EAS), aim at providing assured wage employment to the rural poor by engaging them in the creation of economically productive and socially beneficial assets like roads, school buildings, irrigation wells, anganawadi buildings, community halls and land development works.

Sampoorna Grameena Rozgar Yojana (SGRY), a Centrally sponsored scheme has been launched during 2001-02 with an objective of providing additional wage employment in the rural areas and also food security, along side the creation of durable community, social and economic assets and infrastructure developments in these areas. The emphasis under this scheme will be on watershed development promoting traditional water resources and Nava Grama, development of housing layouts in rural areas, giving greater opportunity at Panchayat Raj Institution level to converge funds from different sectors. Jawahar Grama Samrudhi Yojana and Employment Assurance Scheme will be merged into this scheme from 2002-03.

Indira Awaas Yojana aims at both generation of employment and creation of housing facilities for the rural poor.

3. Rural Energy Programmes

Promotion of sustainable sources of renewable energy to meet the energy requirements of rural households is another component of the policy of rural development pursued in the State. For this purpose, the Department is implementing an Integrated Rural Energy Programme. The Department also implements a programme for popularising improved model cook stoves (Chulhas) through its National Programme for Improved Chulhas. The development of biogas for meeting domestic energy requirements is being achieved by the Department through the National Programme for Biogas (NPBD) and the State's own Anila Yojane.

4. Democratic Decentralization

One of the major responsibilities of the Department is in the realm of implementing the provisions of the Karnataka Panchayath Raj Act, 1993 to achieve democratic decentralization in the governance of the State's rural areas. The Department coordinates the process of the establishment of Panchayat Raj Institutions under the above legislation and monitors their functioning in order to ensure that Panchayat Raj Institutions in the State function as viable and vibrant institutions of Local Self Government.

3 tier structure of Panchayat Raj Institutions

� 29 Zilla Panchayats � 176 Taluk Panchayats � 5628 Grama Panchayats


Schemes of The Department

The Department

SELF EMPLOYMENT PROGRAMME

RURAL WAGE EMPLOYMENT PROGRAMMES:

1. SAMPOORNA GRAMMENA ROZGAR YOJANA(S.G.R.Y.)

2. JALARAKSHANE

3. NATIONAL RURAL EMPLOYMENT GUARANTEE ACT - KARNATAKA

SELF EMPLOYMENT PROGRAMME: 1. SWARNA JAYANTHI GRAM SWAROZGAR YOJANA(S.G.S.Y)

WATERSHED PROJECT PROGRAMME:

1. WESTERN GHATS DEVELOPMENT PROGRAMME

OTHER PROGRAMMES: 1. NAMMA BHOOMI - NAMMA THOTA

2. REHABILITATION OF BONDED LABOUR SCHEME

GRAMASWARAJ

GRAMASWARAJ

1. KARNATAKA PANCHAYAT STRENTHENING PROJECT

2. OPERATION MANUAL_ENGLISH

3. OPERATION MANUAL KANNADA

4. PROCUREMENT MANUAL_ENGLISH

5. PROCUREMENT MANUAL_KANNADA

6. ENVIRONMENTAL_GUIDE LINES

RURAL INFRASTRUCTURE

RURAL ENERGY PROGRAMMES: 1. NATIONAL PROJECT ON BIOGAS DEVELOPMENT

RURAL COMMUNICATION(ROADS):

1. PRADHAN MANTRI GRAM SADAK YOJANA(PMGSY)

2. NABARD PROJECT

3. CHIEF MINISTER GRAMA SADAK YOJANE(CMGSY)

4. 12TH FINANCE COMMISSION - ROADS


RURAL WATER SUPPLY AND SANITATION:

1. MINI WATER SUPPLY SCHEME

2. PIPED WATER SUPPLY SCHEME

3. BOREWELLS WITH HAND PUMPS AND SARALA JAL SCHEME

4. DESERT DEVELOPMENT PROGRAMME

5. SUB-MISSION PROJECT

6. SUVARNAJALA

7. SWACHHA GRAMA YOJANE

SUVARNA GRAMODAYA

SUVARNA GRAMODAYA 1. SUVARNA GRAMODAYA YOJANE

PLAN MONITORING AND INFORMATION

PLAN MONITORING AND INFORMATION 1. KUGRAMA-SUVARNAGRAMA YOJANE

KARNATAKA RURAL WATER SUPPLY AND SANITATION AGENCY

KARNATAKA RURAL WATER SUPPLY AND SANITATION AGENCY

1. JALNIRMAL PROJECT

2. SWAJALDHARA SCHEME

As updated On :21-09-2007.


RURAL DEVELOPMENT AND PANCHAYT RAJ DEPARTMENT

ORGANISATION CHART

Hon’ble MINISTER OF RD & PR __________________________ __________________________

ADDITIONAL CHIEF SECRETARY & DEVELOPMENT COMMISSIONER __________________ ________________

SECRETARY SECRETARY(PR)

_____________________________________________ ______________________________ ____________________________________

DIRECTOR - PPMU DIRECTOR - KRWSSA CEO – ZP (29)

DIRECTOR - R.I DIRECTOR - ANSSIRD EO – TP(176)

DIRECTOR - S.E.P M D – KLAC SECRETARY – GP(5628)

DIRECTOR – P.R ED - MGIRED

DIRECTOR – PMI COO - KRRDA

D S -ADMIN CHIEF- GRAM SWARAJ

IFA

CE – PRED

As Updated On :02-09-2008


3333

Chapter 3Chapter 3Chapter 3Chapter 3

ConstituConstituConstituConstituttttion of Gram Panchayation of Gram Panchayation of Gram Panchayation of Gram Panchayat Constitution of Grama Panchayat .- [5] (1) The Grama Panchayat shall consist of such number of elected members as may be

notified from time to time by the 1[State Election Commission]

1, at the rate of one

member for 2[every four hundred population]

2 or part thereof of the panchayat area:

1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.

2. Substituted by Act 11 of 2000 w.e.f. 28.1.1999.

Provided that the determination of the number as aforesaid shall not affect the then composition of the Grama Panchayat until the expiry of the term of office of the elected members then in office:

1[Proviso x x x]

1

1. Omitted by Act 11 of 2000 w.e.f. 4.10.1999 .

(2) Seat 1[shall, subject to the general or special order of the State Election

Commission, be reserved by the Deputy Commissioner]1 in a Grama Panchayat,-

1. Substituted by Act 29 of 1998 w.e.f. 24.8.1998.

(a) for the Scheduled Castes; and (b) for the Scheduled Tribes;

and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats in the Grama Panchayat as the population of the Scheduled Castes in the panchayat area or of the Scheduled Tribes in the panchayat area bears to the total population of the panchayat area;

1[Proviso x x x]

1 1993: KAR. ACT 14] Panchayat Raj 289

1. Omitted by Act 10 of 1995 w.e.f. 13.1.1995 . 1[Provided that at least one seat each shall be reserved in a Grama Panchayat

for the persons belonging to the Scheduled Castes and the Scheduled Tribes: Provided further that, if no person belonging to the Scheduled Castes is available the seat reversed for that category shall also be filled by the persons belonging to

Scheduled Tribes and vice-versa.]1


(3) Such number of seats which shall, as nearly as may be one-third of the total number

of seats of the Grama Panchayat 1[shall, subject to the general or special order of the

State Election Commission, be reserved by the Deputy Commissioner]1

for persons belonging to the Backward classes:


1. Substituted by Act 29 of 1998 w.e.f. 24.8.1998. 1[Provided that out of the seats reserved under this sub-section, eighty per cent

of the total number of such seats shall be reserved for the persons falling under category “A” and the remaining twenty per cent of the seats shall be reserved for the persons falling under category "B": 1. Inserted by Act 10 of 1995 w.e.f 13.1.1995.

Provided further that if no person falling under category “A” is available, the seats reserved for that category shall also be filled by the persons falling under category “B” and vice versa.

Explanation.- For the purpose of this sub-section, proviso to clause (b) of sub-section (2) of section 44, sub-section (2) of section 123, clause (b) of sub-section (2) of section 138, sub-section (2) of section 162 and clause (b) of sub-section (2) of section 177, categories “A” and “B” shall mean category ‘A’ and ‘B’ referred to in clause (2) of

section 2.]1

(4) Not less than one third of the seats reserved in each category, for persons belonging to the Scheduled Castes, Scheduled Tribes and Backward classes and of the non-

reserved seats in the Grama Panchayat 1[shall, subject to the general or special order

of the State Election Commission, be reserved by the Deputy Commissioner]1

for women. 1. Substituted by Act Act 29 of 1998 w.e.f. 24.8.19 98

1[Proviso x x x]

1

1. Omitted by Act 10 of 1999 w.e.f. 28.1.1999. 1993: KAR. ACT 14] Panchayat

Raj 2901[Provided that the seats reserved under sub-sections (2), (3) and (4) shall be

allotted by rotation, to different constituencies in the Panchayat area.]1


Provided further that nothing contained in this section shall be deemed to prevent a woman or a person belonging to the Scheduled Castes and Scheduled Tribes or Backward Classes for whom seats have been reserved in a Grama Panchayat from standing for election to any non-reserved seat in such Grama Panchayat.

(5) Subject to the provisions of sub-sections (2), (3) and (4), 1[and subject to the general

or special order of the State Election Commission, the Deputy Commissioner]1 shall, by notification, determine,- 1. Substituted by Act 29 of 1998 w.e.f. 24.8.1998.

(a) the constituencies into which the area within the jurisdiction of every Grama Panchayat shall be divided for the purpose of election to every Grama Panchayat;

(b) the extent of each constituency; (c) the number of seats if any reserved for the Scheduled Castes, the Scheduled

Tribes, Backward Classes or women in each constituency; and (d) the number of seats allotted to each Constituency which shall be one or more.


(6) If for any reason the election to any Grama Panchayat does not result in the election

of the required number of members as specified in sub-section (1), the 1[Deputy

Commissioner]1

shall within one month from the date on which the names of the elected members are published by him under sub-section (8) arrange another election for the election of such number of members as will make up the required number. 1. Substituted by Act 29 of 1998 w.e.f. 24.8.1998.

(7) Notwithstanding anything contained in sub-sections (1) and (6), but subject to any general or special orders of the Government, where two-thirds of the total number of members of any Grama Panchayat have been elected, the Grama Panchayat shall be deemed to have been duly constituted under this Act. 1993: KAR. ACT 14] Panchayat

Raj 291 (8) The 1[Deputy Commissioner]

1 shall publish, in the prescribed manner the

names of members elected or deemed to have been duly elected. 1. Substituted by Act 29 of 1998 w.e.f. 24.8.1998.

Powers & Duties of

Gram Panchayat Adyaksha & Upadhyaksha

Powers and duties of the Adhyaksha and Upadhyaksha. - [62]

(1) The Adhyaksha of the Grama Panchayat shall 1[be the executive head of the Grama

Panchayat and he shall]1 in addition to the powers exercisable under any other provision

of this Act or rules made thereunder,- 1. Inserted by Act 37 of 2003 w.e.f. 1.10.2003.

(a) convene meetings of the Grama Panchayat;

(b) have access to the records of the Grama Panchayat 1[and may call for

records and files, and pass orders thereon in accordance with the provisions in the Act, rules and other standing orders and in pursuance to resolution passed by the Grama Panchayat to that effect:

Provided that the Adhyaksha shall not call for the files and records which are directly related to the exercise of independent statutory powers by the Secretary or any

other officer of the Grama Panchayat;]1 and


(c) exercise supervision and control over the acts of the officers and employees

of the Grama Panchayat 1[including the Secretary]

1.


(d) have power to place under suspension any officer or employee under the control of the Grama Panchayat where a disciplinary proceeding against him is


contemplated or pending or where a case against him in respect of any criminal offence

is under investigation or trial.]1


(2) The Adhyaksha may, if in his opinion the immediate execution of any work or the doing of any act which requires the sanction of a committee or of the Grama Panchayat, is necessary in public interest convene a meeting for the purpose with a notice of twenty-four hours.

(3) The Upadhyaksha of the Grama Panchayat shall exercise the powers and perform the duties of the Adhyaksha when the Adhyaksha is absent, on leave or is incapacitated from functioning.

4444

Duties of Gram Panchayat

5555

Financial Resources of Gram PanchayatFinancial Resources of Gram PanchayatFinancial Resources of Gram PanchayatFinancial Resources of Gram Panchayat

Get All Details of The Chapters 3,4,5 & 6

At This Address

http://www.dpal.kar.nic.in/pdf_files/14%20of%201993 %20%28E%29.pdf

6666

STAFF OF STAFF OF STAFF OF STAFF OF GRAMGRAMGRAMGRAM PANCHAYATSPANCHAYATSPANCHAYATSPANCHAYATS

[CHAPTER V ]

1[111. Secretary. -

(1) Every Grama Panchayat shall have a whole time Secretary who shall be an officer of the Government and shall draw his salary and allowance from the fund of the Grama Panchayat, after the same is credited to the Grama Panchayath fund by the Government. 1. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.


(2) The Secretary shall perform all the duties and exercise all the powers imposed or conferred upon him by or under this Act or any rules or bye-laws made thereunder.

(3) Without prejudice to the generality of the provisions under sub-section (2), the Secretary shall perform the following functions, namely:-

(a) submit to the Grama Panchayat the monthly accounts of the Grama Panchayat before the tenth day of succeeding month;

(b) furnish returns, statement of accounts and such other information when called for, by the Government or the auditor;

(c) inspect or cause to be inspected the accounts of institutions under the control of the Grama Panchayat;

(d) keep records of the Grama Panchayat. Standing committees, and other committees, Grama Sabha and Ward Sabha;

(e) co-ordinate the preparation of the annual plan and five year plan so that the approved plan is submitted to the District Planning Committee in time;

(f) disburse Grama Panchayat fund and plan fund to the officers concerned and

furnish utilization certificate in the manner prescribed.]1

112. Staffing pattern and schedule of employees.-

(1) The Government may, by order, specify the staffing pattern, the scales of pay and mode of recruitment of staff of Grama Panchayats.

(2) The Grama Panchayat shall, subject to sub-section (1), determine and submit for approval of the Chief Executive Officer a schedule of employees specifying the designations and grades and the salaries and allowances payable to its officers other than the Secretary required for carrying out the duties imposed upon the Grama Panchayat by or under this Act.

113. Appointment and control of employees.-

(1) Subject to the provisions of sections 111 and 112 the Grama Panchayat may, with the prior approval of the Chief Executive Officer appoint other employees of the Grama Panchayat and pay their salaries from the Grama Panchayat Fund:

Provided that in making appointments the appointing authority shall reserve posts for the Scheduled Castes, the Scheduled Tribes and other socially and educationally backward classes of citizens in the same manner and to the same extent as is applicable for the recruitment to posts in the State Civil Services.

(2) The Secretary may, by order, fine 1[x x x]

1 or withhold, the increment of any

employee appointed by the Grama Panchayat. 1. Omitted by Act 37 of 2003 w.e.f. 1.10.2003.


(3) The Grama Panchayat may reduce in rank, remove or dismiss any employee appointed by it.

(4) An appeal shall lie against an order passed by the Secretary under sub-section (2) to the Executive Officer and against an order passed by the Grama

Panchayat under sub-section (3) to the Chief Executive Officer 1[xxx]

1

1. Omitted by Act 37 of 2003 w.e.f. 1.10.2003.

(5) Any appeal under sub-section (4) pending before the Mandal Panchayat or the Zilla Parishad on the date of commencement of the Karnataka Panchayat Raj Act, 1993, shall stand transferred respectively to the Executive Officer and the Chief Executive Officer and such appeal shall be decided by them as if it had been filed before them. 1[113A. Arrangements for additional technical staff for Grama Panchayat.-

(1) The Government may, if required, pool the officers and officials of the State Civil Service including engineering or technical staff and post them to one or more Grama Panchayats: 1. Inserted by Act 37 of 2003 w.e.f. 1.10.2003.

Provided that if there is dearth of officers or officials for such posting under this sub-section, the Grama Panchayat may in the exigencies of service engage the services of technical staff including engineers not belonging to State Civil Service for specific work, on terms and conditions as may be specified by the Government in this regard.

(2) The officers and employees posted to a Grama Panchayat under sub-section (1) shall perform functions and discharge duties as if they are officers and employees of that Grama Panchayat and they shall attend to, in addition to their normal duties any other duty assigned to them by the Grama Panchayat subject to the guidelines, if any, issued by the Government.

(3) The officers and employees posted to a Grama Panchayat under sub-section (1) shall execute works, discharge functions or perform duties involving implementation of any scheme, project or plan of the Government, not assigned to the Grama Panchayat under this Act or any other law.

(4) The Government shall continue to pay the salary, allowances and other dues

to officers and officials posted to the Grama Panchayat under sub-section (1)]1.


7777

Now The 7th Chapter

National Rural Employment Guarantee Act From Wikipedia, the free encyclopedia

The National Rural Employment Guarantee Act (NREGA) is an Indian job guarantee scheme, enacted by legislation on August 25, 2005. The NREGA provides a legal guarantee for one hundred days of employment in every financial year to adult members of any rural household willing to do public work-related unskilled manual work at the statutory minimum wage. The Central government outlay for schemes under this act is Rs. 39,100 crores in FY 2009-10.

This act was introduced with an aim of improving the purchasing power of the rural people, primarily semi or un-skilled work to people living in rural India, whether or not they are below the poverty line. Roughly one-third of the stipulated work force must be women.

Political background

The act was brought about by the UPA coalition government under the pressure from left parties. The promise of this project was one of the major factors that gained UPA victory in the Indian general election, 2004.

Dr. Jean Drèze, a Belgian born economist, at the Delhi School of Economics, has been a major influence on this project.

The plan

The NREGA is an act and can be amended only by Parliament. The act directs state governments to implement NREG "schemes". Under the NREGA the Central Government meets the cost towards the payment of wage, 3/4 of material cost and some percentage of administrative cost. State Governments meet the cost of unemployment allowance, 1/4 of material cost and administrative cost of State council. Since the State Governments pay the unemployment allowance, they are heavily incentivized to offer employment to workers. However, it is up to the State Government to decide the amount of unemployment allowance, subject to the stipulation that it not be less than 1/4th the minimum wage for the first 30 days, and not less than 1/2 the minimum wage thereafter. 100 days of employment (or unemployment allowance) per household must be provided to able and willing workers every financial year.

Adult members of rural households submit their name, age and address with photo to the Gram Panchayat. The Panchayat registers households after verification and issues a job card. The job card contains the details of the adult member enrolled and his/her


photo. A registered person can submit an application for work in writing (for at least fourteen days of continuous work) either to the panchayat or to Programme Officer.

The panchayat/programme officer accepts the valid application and issue a dated receipt of application. A letter providing employment will be sent to the applicant and also displayed at the panchayat office. Employment will be provided if possible within a radius of 5 km; if it is above 5 km, transport allowance and 10% extra living allowance will be paid. New public works can be started when at least 50 workers become available who cannot be absorbed under existing schemes. If employment under the scheme is not provided within fifteen days of receipt of the application daily unemployment allowance will be paid to the applicant.

No discrimination between men and women is allowed under the act. Therefore, men and women must be paid the same wage. All adults can apply for employment, not just those below the poverty line.

History and Funding

The scheme started from February 2, 2006 in 200 districts, was expanded to cover another 130 districts in 2007-2008 and eventually covered all 593 districts in India in 2008. The outlay was Rs. 11,000 crores in 2006-2007, and has been rising steeply, to Rs. 39,100 crores in 2009-2010.

Implementation

The Comptroller and Auditor General (CAG) of India, in its performance audit of the implementation of NREGA has found "significant deficiencies" in the implementation of the act.The plan was launched in February 2006 in 200 districts and eventually extended to cover 593 districts. 4,49,40,870 rural households were provided jobs under NREGA during 2008-09, with an national average of 48 working days per household.[1]

Works/Activities

The NREGA achieves twin objectives of rural development and employment. The NREGA stipulates that works must be targeted towards a set of specific rural development activities such as: water conservation and harvesting, afforestation, rural connectivity, flood control and protection such as construction and repair of embankments, etc. Digging of new tanks/ponds, percolation tanks and construction of small check dams are also carried out under this scheme. Micro irrigation work such as construction of small canals is also carried out. The scheme provides irrigation facilities to land owned by people coming under SC/STs, beneficiaries of land reforms, Indra Awas Yojana, etc. Renovation of traditional water bodies is also carried out. This involves desilting of tanks/ponds, old canals, open wells, etc. Land development is also given importance. The employed are given work such as land leveling, tree plantation, etc.


IT implementation

NREGA is the first programme having been implemented with full IT support. TATA Consultancy Services, India's largest IT/ITES sector company has designed the software solution for the state of Andhra Pradesh. NIC, a government of India undertaking, developed solution has been implemented in other areas.

References

1. ^ 'States fail to provide 100-day employment to all under NREGA'

External links

• Official web site of NREGA • Web site of the Right to Food Campaign, India (contains a wealth of material on

the EGA) • A primer to the NREGA

NREGA Statistics State : KARNATAKA

Employment provided to households: 3.78938 Lakhs Persondays [in Lakh]: Total: 135.8 SCs: 29.48 [21.71%] STs: 13.94 [10.26%] Women: 63.47 [46.74%] Others: 92.38 [68.03%] Total fund: 499.53 Crore. Expenditure: 183.6 Crore. Total works taken up: 114210 Works completed: 866 Works in progress: 113344


8

The 8th Chapter

Total Sanitation Campaign (TSC)

Total Sanitation Campaign is a comprehensive programme to ensure sanitation facilities in rural areas with broader goal to eradicate the practice of open defecation. TSC as a part of reform principles was initiated in 1999 when Central Rural Sanitation Programme was restructured making it demand driven and people centered. It follows a principle of “low to no subsidy” where a nominal subsidy in the form of incentive is given to rural poor households for construction of toilets. TSC gives strong emphasis on Information, Education and Communication (IEC), Capacity Building and Hygiene Education for effective behaviour change with involvement of PRIs, CBOs, and NGOs etc. The key intervention areas are Individual household latrines (IHHL), School Sanitation and Hygiene Education (SSHE), Community Sanitary Complex, Anganwadi toilets supported by Rural Sanitary Marts (RSMs) and Production Centers (PCs). The main goal of the GOI is to eradicate the practice of open defecation by 2010. To give fillip to this endeavor, GOI has launched Nirmal Gram Puraskar to recognize the efforts in terms of cash awards for fully covered PRIs and those individuals and institutions who have contributed significantly in ensuring full sanitation coverage in their area of operation. The project is being implemented in rural areas taking district as a unit of implementation.

CENTRAL RURAL SANITATION PROGRAMME

TOTAL SANITATION CAMPAIGN

BACKGROUND

1. Individual Health and hygiene is largely dependent on adequate availability of drinking water and proper sanitation. There is, therefore, a direct relationship between water, sanitation and health. Consumption of unsafe drinking water, improper disposal of human excreta, improper environmental sanitation and lack of personal and food hygiene have been major causes of many diseases in developing countries. India is no exception to this. Prevailing High Infant Mortality Rate is also largely attributed to poor sanitation. It was in this context that the Central Rural Sanitation Programme (CRSP) was launched in 1986 primarily with the objective of improving the quality of life of the rural people and also to provide privacy and dignity to women.


2. The concept of sanitation was earlier limited to disposal of human excreta by cesspools, open ditches, pit latrines, bucket system etc. Today it connotes a comprehensive concept, which includes liquid and solid waste disposal, food hygiene, and personal, domestic as well as environmental hygiene. Proper sanitation is important not only from the general health point of view but it has a vital role to play in our individual and social life too. Sanitation is one of the basic determinants of quality of life and human development index. Good sanitary practices prevent contamination of water and soil and thereby prevent diseases. The concept of sanitation was, therefore, expanded to include personal hygiene, home sanitation, safe water, garbage disposal, excreta disposal and waste water disposal.

3. A comprehensive Baseline Survey on Knowledge, Attitudes and Practices in rural water supply and sanitation was conducted during 1996-97 under the aegis of the Indian Institute of Mass Communication, which showed that 55% of those with private latrines were self-motivated. Only 2% of the respondents claimed the existence of subsidy as the major motivating factor, while 54% claimed to have gone in for sanitary latrines due to convenience and privacy. The study also showed that 51% of the respondents were willing to spend upto Rs.1000/- to acquire sanitary toilets.

4. Keeping in view the above facts, the CRSP was improved. In the new format, CRSP moves towards a “demand driven” approach. The revised approach in the Programme titled “Total Sanitation Campaign (TSC)” emphasizes more on Information, Education and Communication (IEC), Human Resource Development, Capacity Development activities to increase awareness among the rural people and generation of demand for sanitary facilities. This will also enhance people’s capacity to choose appropriate options through alternate delivery mechanisms as per their economic condition. The Programme is being implemented with focus on community-led and people centered initiatives. Children play an effective role in absorbing and popularizing new ideas and concepts. This Programme, therefore, intends to tap their potential as the most persuasive advocates of good sanitation practices in their own house-holds and in schools. The aim is also to provide separate urinals/toilets for boys and girls in all the schools/ Anganwadis in rural areas in the country.

OBJECTIVES

5. The main objectives of the TSC are as under:

a. Bring about an improvement in the general quality of life in the rural areas.

b. Accelerate sanitation coverage in rural areas to access to toilets to all by 2012.

c. Motivate communities and Panchayati Raj Institutions promoting sustainable sanitation facilities through awareness creation and health education.


d. In rural areas, cover schools by March 2008 and Anganwadis by March 2009, with sanitation facilities and promote hygiene education and sanitary habits among students.

e. Encourage cost effective and appropriate technologies for ecologically safe and sustainable sanitation.

f. Develop community managed environmental sanitation systems focusing on solid & liquid waste management.

STRATEGY

6. The strategy is to make the Programme 'community led' and 'people centered'. A "demand driven approach" is to be adopted with increased emphasis on awareness creation and demand generation for sanitary facilities in houses, schools and for cleaner environment. Alternate delivery mechanisms would be adopted to meet the community needs. Subsidy for individual household latrine units has been replaced by incentive to the poorest of the poor households. Rural School Sanitation is a major component and an entry point for wider acceptance of sanitation by the rural people. Technology improvisations to meet the customer preferences and location specific intensive IEC Campaign involving Panchayati Raj Institutions, Co-operatives, Women Groups, Self Help Groups, NGOs etc. are also important components of the Strategy. The strategy addresses all sections of rural population to bring about the relevant behavioural changes for improved sanitation and hygiene practices and meet their sanitary hardware requirements in an affordable and accessible manner by offering a wide range of technological choices.

IMPLEMENTATION

7. Implementation of TSC is proposed on a project mode. A project proposal emanates from a district, is scrutinized by the State Government and transmitted to the Government of India (Department of Drinking Water Supply, Ministry of Rural Development). TSC is implemented in phases with start-up activities. Funds are made available for preliminary IEC work. The physical implementation gets oriented towards satisfying the felt-needs, wherein individual households choose from a menu of options for their household latrines. The built-in flexibility in the menu of options gives the poor and the disadvantaged families opportunity for subsequent upgradation depending upon their requirements and financial position. In the “campaign approach”, while a synergistic interaction between the Government agencies and other stakeholders, intensive IEC and advocacy, with participation of NGOs/Panchayati Raj Institutions/resource organizations, take place to bring about the desired behavioural changes for relevant sanitation practices, provision of alternate delivery system, proper


technical specifications, designs and quality of installations are also provided to effectively fulfill the generated demand for sanitary hardware.

8. The TSC is being implemented with a district as unit. The States/UTs are expected to prepare TSC Projects for all the districts and submit before the Government of India for sanction. The TSC Project cycle in the Project Districts is expected to take about 4 years or less for implementation.


9999

Chapter 9

Government Housing Schemes

A. Ashraya Yojane B. Ambedkar C. Indira Awaas Yojane

Housing Programs of Karnataka Govt. - RGRHCL

• Rural Ashraya Housing Scheme including including Navagrama Housing Scheme and the Pilot scheme of GPHP.

• Urban Ashraya Housing Scheme. • Rural and Urban Ashraya Sites Schemes • Dr.Ambedkar Housing Scheme • Neralina Bhagya • Housing for Special occupational groups.

The purpose of rural Ashraya and urban Ashraya programmes are to provide housing to the economically weaker sections with financial assistance and loan. The Dr. Ambedkar housing scheme is taken up to houses for socially and economically weaker Schedule Caste and the Schedule Tribes beneficiaries to whom the houses are given free without any loan component. Under the special occupational groups housing programme assistance is given to various categories of economically weaker sections persons in different occupations for construction of houses. Under the Ashraya sites programme sites are given free in rural and urban areas to economically weaker sections beneficiaries.

Individual Programme Statements

1. Rural Ashraya

This is a state government sponsored scheme for housing for the housing for the houseless rural poor. The annual income limit for the beneficiaries of this scheme is Rs. 11,800/-. The beneficiaries are selected by Ashraya Committees select the beneficiaries from the list of houseless persons identified in Grama Sabhas. The financial assistance under the program is limited to Rs.20,000/- per beneficiary. In the case of SC / ST beneficiaries, the entire assistance is provided as a grant. For others, the grant assistance is provided as a grant. For others, the grant assistance is limited to Rs.10,000/- while the balance is provided as loan assistance. The (present) rate of interest on the loan is 10% (excluding service charges). The loan is repayable in 180 installments.


2. Urban Ashraya :

The state government sponsored scheme for housing for the houseless urban poor. The annual income limit for the beneficiaries of this scheme is Rs. 11,800/-. The beneficiaries are selected by Ashraya Committees comprising both official and non-official members appointed by the government. The Committees select the beneficiaries from the list of houseless persons identified by the urban local bodies. The financial assistance under the programe is limited by the urban local bodies. The financial assistance under the program envisages a beneficiary contribution of at least Rs.5,000/-. The present rate of interest on the loan is 10% (excluding service charges). The loan is repayable in 180 installments.

3. Dr. Ambedkar Housing Scheme

This is a state government sponsored housing scheme for the SC/ST. The annual income limit for the beneficiaries of this scheme is Rs.11,800/-. The beneficiaries are selected by Ashraya Committees comprising both official and non-official members appointed by the government. The Committees select the beneficiaries from the list of houseless persons identified in Gram Sabhas. The scheme is presently under implementation mainly in the rural areas only. The financial assistance under the program is limited Rs.20000/- per beneficiary, that is provided as grant.

4. Special Occupation Groups

This is a state government sponsored scheme for providing housing for various EWS occupational categories such as beedi workers, hamals, artisans, weavers, fisherfolk, mineworkers, etc. The central Government has a special housing schemes for occupational groups such as beedi worker, mineworkers and weavers. The scheme for Special Occupation Groups has to take advantage of these central schemes to ensure that these schemes are implemented in the state and the central assistance is utilized to the advantage of the concerned EWS categories in the State. The state government also has special schemes for occupational groups such as Viswa beneficiaries, coir workers, leather artisans. Generally, the financial assistance proposed under the scheme is Rs.50,000/-. The grant assistance is Rs.10,000/-. The loan assistance is limited to Rs.40,000/-. However, the presents for a subsidy of Rs.20,000/-. The state scheme for Viswa beneficiaries provide for a subsidy of Rs.20,000/-. The state scheme for Vishwa beneficiaries provides for a subsidy of Rs.16,00/- for non-SC/ST beneficiaries and Rs 24,000/- for SC/ST beneficiaries. The Present rate of interest on the loan is 10.5-12.5% depending on the source of the loan (excluding service charges). The loan is repayable in 120-168 installments.

5. House Sites:

a.Rural House Sites:


This is a state government sponsored scheme for giving sites to the site less rural poor. The annual income limit for the beneficiaries of this scheme is Rs.11,800/-. The size of the site is 20*40. The site is given free

b.Urban House Sites:

This is a state government sponsored scheme for giving sites to the site less ubran poor. The annual income limit for the beneficiaries of this scheme is Rs.11,800/-. The size of the site is 20*40. The site is given free

6. Gram Panchayat Housing Scheme :

• Experimental Scheme of Housing for EWS in Gram Panchayat areas • Maximum financial assistance is Rs. 20,000/- (Including loan and Subsidy)

o Loan is Rs. 10,000/- o Subsidy for general category beneficiaries Rs.10,000/- and for SC / ST

beneficiaries Rs. 20,000/-. • Selection of Beneficiaries : In 1995, a survey of siteless persons and also those

who had their own site but were houseless was done and a list of such persons prepared. Grama Panchayat through Gram Sabhas periodically update the list – adding those eligible but left out hitherto and also delete the names of those who are previously in the list but are ineligible. The beneficiaries are to be selected only out of such lists prepared by Gram Panchayaths, in the officially convened Gram Sabhas.

• The built up area should be not less than 20 sq.mtrs.

7. Navagrama Housing Scheme :

The scheme will radically change the lives of the poor by facilitating them to move into new habitations or village extensions developed through community action, funded through convergence of Schemes with construction labour paid for through the SGRY Programme. The “Nava Grama Ashraya Yojana” thus provides a framework for convergence of Ashraya housing scheme and SGRY, utilizing funds and foodgrains under SGRY to provide for infrastructure for houses under Ashraya.

Nava Grama Ashraya Yojana will be demand driven and Grama Panchayats have been encouraged to utilize the SGRY funds and food grains under the component of providing village infrastructure to undertake the layout part of the Nava Gramas wherever Ashraya houses are constructed. Nava Gramas will be separated colonies or extensions of Villages which will have facilities such as interior road, drainage, street and house electricity, water supply facilities, manure pits and toilets for all houses.

Once it is completed, the Grama Panchayat will ensure the maintainance of the housing layout.


Ashraya Yojane

1. Rural Ashraya

This is a state government sponsored scheme for housing for the housing for the houseless rural poor. The annual income limit for the beneficiaries of this scheme is Rs. 11,800/-. The beneficiaries are selected by Ashraya Committees select the beneficiaries from the list of houseless persons identified in Grama Sabhas. The financial assistance under the program is limited to Rs.20,000/- per beneficiary. In the case of SC / ST beneficiaries, the entire assistance is provided as a grant. For others, the grant assistance is provided as a grant. For others, the grant assistance is limited to Rs.10,000/- while the balance is provided as loan assistance. The (present) rate of interest on the loan is 10% (excluding service charges). The loan is repayable in 180 installments.

2. Urban Ashraya :

The state government sponsored scheme for housing for the houseless urban poor. The annual income limit for the beneficiaries of this scheme is Rs. 11,800/-. The beneficiaries are selected by Ashraya Committees comprising both official and non-official members appointed by the government. The Committees select the beneficiaries from the list of houseless persons identified by the urban local bodies. The financial assistance under the programe is limited by the urban local bodies. The financial assistance under the program envisages a beneficiary contribution of at least Rs.5,000/-. The present rate of interest on the loan is 10% (excluding service charges). The loan is repayable in 180 installments.


Ambedkar Yojane

Dr. Ambedkar Housing Scheme

This is a state government sponsored housing scheme for the SC/ST. The annual income limit for the beneficiaries of this scheme is Rs.11,800/-. The beneficiaries are selected by Ashraya Committees comprising both official and non-official members appointed by the government. The Committees select the beneficiaries from the list of houseless persons identified in Gram Sabhas. The scheme is presently under implementation mainly in the rural areas only. The financial assistance under the program is limited Rs.20000/- per beneficiary, that is provided as grant

Valmiki Ambedkar Awas Yojana (VAMBAY) 1. Introduction Shelter is a basic human requirement. For a shelterless person, getting a house brings about a profound social change in his status and welfare, endowing him with an identity and integrating him with his social milieu. Valmiki Ambedkar Awas Yojana (VAMBAY) is a centrally sponsored scheme for the benefit of Slum Dwellers. The scheme is primarily aimed at ameliorating the housing problems for the Slum Dwellers living Below Poverty Line in different towns and cities of the State. 2. Objectives The objective of Valmiki Ambedkar Awas Yojana (VAMBAY) is primarily to provide shelter or upgrade the existing shelter for people living Below Poverty Line in Urban Slums, with a view to achieve the goal of “Shelter for All”. The objective is also to utilize this initiative to achieve the Habitat goal of slumless cities. Equally important is the objective to provide not just shelter for the urban poor but also a healthy and enabling urban environment, to help them to come out of their poverty level. To this end, there is need to dovetail VAMBAY with NSDP and SJSRY to ensure that shelter delivery, environment improvement and income upgradation for the urban poor are synergised. 3. Target Group The target group under the VAMBAY will be slum dwellers in Urban areas who are below the poverty line including members of the EWS who do not posses adequate shelter. However, preference is to be given to people below poverty line.

3a. Slum- Definition For the purpose of VAMBAY it is proposed to adopt the slum definition in the 2001 census, as follows:


a). All areas notified as “Slum” by State /Local Government and UT Administration under any Act. b). All areas recognized as “Slum” by State/Local Government and UT Administration, which have not been formally notified as slum under any Act. c). A compact area of at least 300 population or about 60-70 households of poorly built congested tenements, in an unhygienic environment usually with inadequate infrastructure and lacking in proper sanitation and drinking water facilities.

3b. Nirmal Bharat Abhiyan The definition of malin basti or slum is to be taken in a wider sense to cover not only inadequacy of houses or tenements but also other basic amenities such as Water Supply, toilet facilities, disposal system etc., which make habitation livable and environment friendly. It is for the local authorities to see that the water supply in the slum areas is suitably augmented either by providing connections or at least increasing the number of stand posts to take the availability to the minimum desired level of one public source for 20 families. Another very important basic amenities for slum dwellers especially in congested metropolitan cities is the lack of rudimentary toilet facilities. A new national City Sanitation Project under the title of ‘Nirmal Bharat Abhiyan’ being launched in the slums all over the Country. Existing public toilets developed by local bodies in and around slums often become non-functional on account of lack of day-to-day maintenance. Both the cost of construction and the cost of maintenance can be significantly reduced and the Project made self-supporting if the tasks are entrusted to community based organisation of slum dwellers. The sanitation units, notably urinals, WCs and bath units – may be constructed by the local body or the State PWD or any other agency preferably with the aid of NGOs and selected by the community of slum dwellers will be entrusted the job of maintaining the toilet block in a clean condition against a monthly salary of Rs 1500-2000. In some cases, a residential quarter for him may be built on the first floor of the toilet block. It has been found that this involvement of the community based on organization not only leads to better upkeep of the toilet but also makes itself financing at a cost much less than that made available by other private originations. 20% of the total allocation under this VAMBAY will be used for infrastructure @ 50% as grant from GOI and 50% as loan from HUDCO. The State Govt/Local Bodies of course will free to supplement with their own grant or subsidy as the case may be. Since in many slum areas, some form of public toilet may be already in existence, the possibility of retrofitting/repairing and upgrading the existing toilet complex which have become unserviceable for various reasons such as 5 lack of sewerage system, lack of septic tanks, inadequate water supply etc. should be explored, since it significantly reduces the per unit cost of construction vis-à-vis units may be constructed by the local body or the State PWD or any other agency preferably with the aid of NGOs and participation through labour by the local slum dwellers but the design and implementation of the toilet units may be made in such a way that they can be kept in good hygienic condition with access to water supply and electric power connection. The average cost per such a community toilet unit or


seat has been estimated to be Rs 40,000/- per seat. Therefore, a 10-seat or a 20 -seat toilet block meant for men, women and children with separate compartments for each group and special design features will cost around Rs 4 lakhs or Rs 8 lakhs respectively. The existing ‘pay and use toilets scheme’ operated by HUDCO which allows a subsidy per seat to NGOs, Clubs, registered and unregistered societies, etc. can also be availed of in the vicinity of slums. Similarly, the wage employment component of the existing Swarna Jayanti Shahari Rozgar Yojana (SJSRY) can also be utilized for augmenting the resources for construction of toilets. Such convergence of existing plan and centrally sponsored schemes will make the project cost effective. Each toilet block will be maintained by the slum dwellers who will make a monthly contribution of Rs 20 per family and obtain a monthly pass or family card. The overall programmes can then be construction of new toilets and retrofitting where only improvement is required. The existing integrated Low Cost Sanitation (ILCS) Programme can be suitably dovetailed into this programme.

4. Reservations In selecting the beneficiaries the following reservations shall be followed:

a). SC/ST : Not less than 50% b). Backward classes : 30% c). Other weaker Sections: 15% (OBC, BC, etc as defined by the State Govt.) d). Physically & Mentally disabled And handicapped persons : 5% Within this reservation, preference will be given to women headed households, urban poor who are members of Self Help Groups and persons eligible for old age pension as defined by the State Government. If a sufficient number of beneficiaries of a particular category are not available in a city or a slum, the houses under VAMBAY may be constructed for other categories after due certification by the Municipal Secretary of the concerned Urban Local Body that beneficiaries under a particular category are not available.

5. Identification of Beneficiaries The beneficiaries shall be identified through Neighbourhood Groups, Area Development Societies and Community Development Societies in consultation with the Municipalities/under the active supervision of Municipal authorities. The Urban Local Bodies have to formulate projects, prepare estimates in consultation with Community Development Societies of that City/Town and submit the same to SUDA - the State Nodal Agency for VAMBAY, which will in turn send the same to the Government of India/HUDCO for release of funds. The identification of below poverty line beneficiaries will be on the basis of the baseline survey already conducted/to be conducted under SJSRY. 6. Allotment of Houses Allotment of dwelling units shall be in the name of the female member of the household. Alternatively, it can be allotted in the name of husband and wife jointly. The title to the land will be in the name of the selected beneficiary. The title deed should be in the joint name of husband and wife or in the name of wife alone. Till the repayment of loan, if


any, the house built with VAMBAY funds along with land shall be mortgaged to the Government/concerned Urban Local Body. 7. Location of VAMBAY VAMBAY dwelling units shall be made available to all Slum in urban areas as defined in Para. 3 A 8. Upper Limit of Construction The upper financial limit for construction of VAMBAY house will be maximum Rs 40,000/- including provision for sanitary latrine for an area of not less than 15 Sq.mt. Of which, 50% ie Rs 20,000/- is Central Subsidy and the remaining 50% may be either grant from State Government or loan from HUDCO or grant with 50 : 50 sharing basis of Govt. of West Bengal and Urban Local Body.

Construction Type Normal areas(in Rs.) Difficult areas (low lying, water logged etc.) (In Rs.)

Construction of house including sanitary latrine

35,000

37,500

Cost of providing infrastructure and common facilities

5,000

7,500

Total Rs . 40,000 45,000 9. Upper Limit for Upgradation assistance A portion of VAMBAY, say 20% may utilized also for upgrading existing houses in slums. The upper limit for upgradation of existing unit should not be more than 50% of ceiling specified for construction of new houses in para 8 above. 9a. Town Planning Norms to apply Upgradation of existing constructions and construction of new houses shall only be taken up after approval of the lay out by the Urban Local Body.


9

Indira Awaas Yojane

Find All Details Here

http://megcnrd.gov.in/forms/IAY.pdf

1. Introduction Indira Awaas Yojana (IAY) was launched during 1985-86 as a sub-scheme of Rural Landless Employment Guarantee Programme (RLEGP) and continued as a sub-scheme of Jawahar Rozgar Yojana (JRY) since its launching from April, 1989. It has been delinked from the JRY and has been made an independent scheme with effect from January 1, 1996. 2. Objective The objective of IAY is primarily to provide grant for construction of houses to members of Scheduled Castes/Scheduled Tribes, freed bonded labourers and also to non-SC/ST rural poor below the poverty line. 3. Target Group The target group for houses under IAY will be people below poverty line living in rural areas belonging to Scheduled Castes/Scheduled Tribes, freed bonded labourers and non-SC/ST subject to the condition that the benefits to non-SC/ST should not exceed 40% of total IAY allocation during a financial year. From 1995-96, the IAY benefits have been extended to ex-servicemen, widows or next-ofkin of defence personnel and para military forces killed in action irrespective of the income criteria subject to the condition that

(i) they reside in rural areas; (ii) they have not been covered under any other scheme of shelter

rehabilitation; and (iii) they are houseless or in need of shelter or shelter upgradation.

Priority be given to other ex-servicemen and retired members of the paramilitary forces as long as they fulfill the normal eligibility conditions of the Indira Awaas Yojana and have not been covered under any other shelter rehabilitation scheme. The priority in the matter of allotment of houses to the ex-servicemen and paramilitary forces and their dependents will be out of 40% of the houses set apart for allotment among the non-SC/ST categories of beneficiaries. 3% of the funds have been


earmarked for the benefit of disabled persons below poverty line. This reservation of 3% under IAY for disabled persons below the poverty line would be horizontal reservation i.e., disabled persons belonging to sections like SCs, STs and Others would fall in their respective categories.

4. Identification of beneficiaries District Rural Development Agencies DRDAs) / Zilla Parishads on the basis of allocations made and targets fixed shall decide Panchayat-wise number of houses to be constructed under IAY, during a particular financial year and intimate the same to the Gram Panchayat. Thereafter, the Gram Sabha will select the beneficiaries restricting its number to the target allotted, from the list of eligible households, according to IAY guidelines and as per priorities fixed. No approval of the Panchayat Samiti will be required. The Panchayat Samiti should however, be sent a list of selected beneficiaries for their information. This amendment in the IAY guidelines shall come into force with effect from 1-4-1998. 5. Priority in Selection of Beneficiaries The order of priority for selection of beneficiaries amongst target group below poverty line is as follows:

(i) Freed bonded labourers (ii) SC/ST households who are victims of atrocities (iii) SC/ST households, headed by widows and unmarried women. (iv) SC/ST households affected by flood, fire, earthquake, cyclone

and similar natural calamities. (v) Other SC/ST households. (vi) Non- SC/ST households. (vii) Physically handicapped. (viii) Families/widows of personnel of defence services / para-military

forces, killed in action. (ix) Displaced persons on account of developmental projects,

nomadic seminomadic and de-notified tribals, families with disabled members and internal refugees, subject to the households being below poverty line.

6. Allotment of Houses Allotment of houses should be in the name of female member of the beneficiary household. Alternatively, it can be allotted in the name of both husband and wife. 7. Location of IAY houses The houses under IAY should normally be built on individual plots in the main habitation of the village. The houses can also be built on micro habitat approach or in a cluster within a habitation, so as to facilitate the development of infrastructure, such as, internal roads, drainage, drinking water supply etc. and other common facilities. Care should always be taken to see that the houses under IAY are located close to the village and not far away so as to ensure safety and security, nearness to work place and social communication.


8. Upper limit for construction assistance At present, upper limit of construction assistance under IAY is as given below: Plain areas Hilly/Difficult areas Construction of house including sanitary latrine and smokeless chulha

Rs.17,500 Rs. 19,500

Cost of providing infrastructure and common facilities

Rs. 2,500 Rs. 2,500

Total: Rs.20,000 Rs. 22,000

In case the houses are not built in cluster/micro-habitat approach, Rs. 2,500/- provided for infrastructure and common facilities should be given to the beneficiary for construction of the house. These limits are subject to revision from time to time by the Government of India. 9. Involvement of beneficiaries The construction of the houses should be done by the beneficiaries themselves from the very beginning. The beneficiaries may make their own arrangement for the construction, engage skilled workmen on their own and also contribute family labour. The beneficiaries will have complete freedom as to the manner of construction of the house which is their own. This will result in economy in cost, ensure quality of construction, lead to satisfaction on the part of beneficiaries and acceptance of the house. The responsibility for the proper construction of the house will thus be on the beneficiaries themselves. A Committee of the beneficiaries may be formed to coordinate the work.


Chart of Useful Links

Ministry of Rural Development

http://www.rural.nic.in

Ministry of Panchayat Raj

http://www.panchayat.nic.in

Government of India

http://indiaimage.nic.in

Government of Karnataka

http://www.karnataka.gov.in

Census http://www.censusindia.net

Panchayat Raj Engineering Department(GOK)

http://www.rded.org

Karnataka Rural Water Supply & Sanitation Agency

http://www.jalnirmal.org

Watershed Development Department

Http://www.kar.nic.in/watershed

Department of Personnel administrative Reforms(DPAR)

Http://www.dpar.kar.nic.in

PR Rules 1993(Eng) http://www.dpal.kar.nic.in/pdf_files/14%20of%201993%20%28E%29.pdf

PR Rules 1993(Kan)

http://www.dpal.kar.nic.in/pdf_files/14%20of%201993%20%28K%29.pdf


Karnataka Vikasa Magazine

http://rdpr.kar.nic.in/Karnataka_vikasa/news_index.htm

Total Sanitation Campaign

http://www.ddws.nic.in/popups/TSC%20Guideline%20Oct07.pdf

NREGA Guidelines http://nrega.nic.in/Nrega_guidelinesEng.pdf

Ashraya Yojane http://ashraya.kar.nic.in/

Indiara Awaas Yojane FAQs

http://pib.nic.in/archieve/flagship/faq_iay.pdf

Indiara Awaas Yojane

http://megcnrd.gov.in/forms/IAY.pdf

Karnataka Housing Dept.

http://housing.kar.nic.in/

Vambay http://www.udarunachal.in/guidelines/vambay.pdf

Namma Blog http://juniorasst.blogspot.com/