Election to local bodies with reference to U.

P
The success of a democratic system largely depends upon the existence and efficient operation of a
system of Local Self-Government at the grassroots levels. Local Self- Government, which is also known
as 'Local Government', is a system of direct and active involvement of the people of a local area into the
administration of local affairs for the satisfaction of local needs with the help of local resources and
through organized local efforts.

Local Self-Government is always a means for providing political education and training to the people
without which they cannot become well-functioning and active participants in the democratic system.
Through their participation in the administration of Local Self- Government, the people get
psychologically and socially involved in the process of politics and their achievements at the local level
always contribute towards the achievement of the goal of nation-building. Local Self-Government
provides a very useful opportunity to the people for receiving self-education and training. It has been
because of this quality that all the political scientists accept and advocate the importance of Local Self-
Government as the training school for democracy and development.

The democratic ideals of decentralisation, development and increased continuous and active popular
participation in the process of nation-building can be secured only through the organisation and working
of an efficient system of Local Self-Government. Without a well organised system of Local Self-
Government no democratic political system can be expected to become stable and really developed.

The maker of our constitution were fully aware of the imperative necessity of organizing a system of
local self government at the grassroot level and using it as a solid foundation for ensuring the stability,
strength and health of the Indian liberal democratic political system.

The Constitution of India gives a directive to the state to establish, maintain and operationalise a system
of Local Government, and the Indian state has been maintaining a system of Local Government in both
Urban and Rural areas. In fact, each part of India, whether Urban or Rural, is being locally administered
for the satisfaction of local needs by a Local Government.

We can study the organisation of Local Government in India in two parts: Rural Local Government and
Urban Local Government.

I. RURAL LOCAL GOVERNMENT IN INDIA: PANCHAYATI RAJ

Rural Local Government in India is known by the popular name Panchayati Raj. It has been in operation
since the early years of independence and it has the responsibility to satisfy the local needs and
aspirations of the rural people who constitute more than 70% of the whole population. Acting under the
constitutional directive given under Art 40 for organising village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of self-government, the
Indian state took immediate steps for systematically organising Panchayati Raj in India.

1. ESTABLISHMENT OF PANCHYATI RAJ IN INDIA.

Organisation of Panchayati Raj in India came as a revolutionary step in the direction of democratic
decentralisation and rural development. The launching of Community Development Programme on 2nd
October, 1952 set the stage for the organisation of Panchayati Raj. On 2nd October, 1953 the National
Extension Service was launched. These were initiated as government programmes but were designed to
secure the involvement of the rural people in the task of rural development. However, the inadequate
success registered by these programmes during the first Five Year Plan period necessitated the need to
review their working. This task was assigned to the Balwant Rai Mehta Committee.
In October 1957, this Committee submitted its report and suggested the organisation of Panchayati Raj
System. It was to act both as an instrument of rural local self-government as well as community
development. The committee recommended the creation of a three tier structure Panchayat at the
village level, Panchayat Samiti at the block level and Zila Parishad at the district level-for securing the
objectives of local self-government and rural development through the efforts of the rural community
under the guidance and help of the government.

The recommendations of Balwant Rai Mehta Committee were accepted by the National Development
Council in 1958 and the Central Government called upon the States to implement these
recommendations in their respective areas through appropriate legal enactments. On 2nd October,
1959, Rajasthan came to be the first State of the Union to provide for Panchayati Raj. Andhra Pradesh,
Assam, Madras (Tamil Nadu), Maharashtra, Mysore (Karnataka), Uttar Pradesh, Punjab, West Bengal,
Gujarat, Madhya Pradesh, Orissa, Bihar, Kerala, J & K, Himachal Pradesh and in fact all States gradually
followed the example set by Rajasthan. In Punjab, the Panchayati Raj was organised under the Punjab
Gram Panchayat Act 1952 and the Punjab Panchayat Samitis and Zilla Parishads Act 1961. Likewise the
other states also introduced Panchayati Raj by enacting appropriate legislative acts. Thus the whole of
rural India came under the Panchayati Raj System. It still continues to be in operation.

Organisational Structure of Panchayati Raj

Panchayati Raj is a three tier system designed to secure the creation of institutions of self- government:

I. Panchayat at the village level acting as a directly elected local organisation entrusted with the task of
securing local needs and civic amenities for the people living in the village, i.e. the Panchayat area.

II. Panchayat Samiti at the block level acting at the intermediate level as the main agency for handling
the community development programmes designed for securing the development of rural areas. It is
constituted by representatives of the Panchayat areas which fall within a block and some ex-office
members. It has at its disposal a team of trained officials headed by the Block Development and
Panchayat Office (BDPO).

III. Zilla Parishad at the district level forms the third tier of the Panchayati Raj. It performs, in most of
the States, a coordinating role. It coordinates the working of Panchayati Samitis working within a
district.

2. WORKING OF PANCHAYATI RAJ DURING 1954-1992 1.E. BEFORE THE PASSING OF THE 73RD
AMENDMENT ACT

It was in 1959 that Panchayati Raj, as modelled on the recommendations of the B.R. Mehta Committee,
was first introduced in Rajasthan. By 1968, almost all the States of the Indian Union had introduced it in
their respective areas. Since each State passed its own Act for effecting its implementation, there came
to be several different features of Panchayati Raj introduced by them. However, they quite faithfully
kept the recommendations of the B.R. Mehta Committee intact.

Most of the States adopted the three tier system but within which some like Maharashtra decided to
assign the development functions to the Zilla Parishads and not to the Panchayat Samitis, while other
States like Punjab decided to assign these to the latter function in accordance with the
recommendations of the B.R. Mehta Committee. In Odisha, the District Advisory Council was established
in 1969 in place of the Zilla Parishad.

All states of the Union accepted the importance and potential of Panchayati Raj as a mechanism for
democratic decentralisation and rural development. During 1959-92 the Panachayati Raj worked
successfully in achieving its objectives but only in some respects. However, its working also brought out
several shortcomings which prevented it from becoming fully successful. It virtually failed to produce a
qualitative change in Rural India. Villages of India developed but not as expected. Living standards in the
rural areas improved but only partially and that too only in some areas.

The inability of the Panchayati Raj to deliver the desired goods was largely due to the presence of
several hindrances in its way. Besides some structural weaknesses, socio- economic limitations
adversely affected its operation. Undesirable politicisation, unhealthy lack of funds, superseding by state
government, excessive governmental interferences and partisan politics and factionalism combined with
the prevailing poverty, ignorance, illiteracy, control, lack of resources and groupism together became
responsible for the inadequate success that came to characterise the working of Panchayati Raj.

Some Defects noticed in the Working of Panchayati Raj during 1954-1992.

The following can be described as the major specific defects/ hindrances in the way of efficient and
successful operationalisation of Panchayati Raj in India during 1959-92.

(1) Illiteracy and Ignorance. The widespread illiteracy and ignorance among the rural people remained a
major hindrance in the way of the successful operation of Panchayati Raj. It prevented the people from
becoming active and willing partners in this system.

(2) Inexperienced Representatives. The inability of the representatives elected by the rural people to
comprehend fully the programmes and policies of the Panchayati Raj and their apathy towards their
duties as representatives of the people together made the working of the Panchayati Raj institutions
inefficient.

(3) Groupism and Factionalism among the rural people. Socio-economic backwardness of rural India
combined with groupism and factionalism came to adversely affect the working of Panchayati Raj. The
power struggle resulting from the efforts aimed at capturing seats in Panchayati Raj institutions as status
symbol, led to further groupism and factionalism.

(4) Lack of Political Awareness. Rural poverty, illiteracy, and ignorance were together responsible for a
low level of a political awareness among the people of rural areas. This prevented the adoption of
Panchayati Raj by them as a system of self-government and self- development.

(5) Lack of Funds for the Panchayati Raj Institutions. The Panchayati Raj institutions were allocated
limited sources of income. These were expected to perform a large number of civic and development
functions. However, shortage of funds always hampered their efforts. Shortage of funds kept these
dependent upon government grants-in-aid. This dependence compelled the people to regard Panchayati
Raj as a government programme, and they failed to accept it as a system of self-governance.

(6) Small Size of the Block Area. In the structure of Panchayati Raj, the responsibility to implement
development plans and programmes was largely vested with the Panchayat Samiti, which worked at the
Block or Taluk or Tehsil level. Each Block was a small area and its Panchayat Samiti often found the task
of formulating development plans difficult and problematic for such a small area. "Blocks were too small
to serve the needs of economic- planning and development." That was why in some states, like
Maharashtra, the Zila Parishads and not the Panchayat Samitis were assigned the responsibility of
making and implementing the development programmes.

(7) Ineffectiveness of Gram Sabha. Gram Sabha, which was designed as village assembly of all the adult
people inhabiting a particular Panchayat area, failed to become really operative. It existed only on
papers. It did not come forward to undertake the stipulated task of maintaining supervision and control
over the Panchayat.

(8) Party Politics. The role of political parties in Panchayati Raj elections remained negative and harmful.
It acted as a source of factionalism and groupism. Party politics was responsible for dividing the village
community along political lines. It was a source of intensification of social conflict into a violent conflict.
Partisan attitude towards the issue of reforms and development adversely affected the working of the
Panchayati Raj.

(9) Benefits mostly to one Class. The objective of securing the involvement of all the people of rural
areas in the process of securing development through community efforts was put into practice but, it
benefited only the rich landlords and the upper classes of the rural people. The rich landlords dominated
the elections to the Panchayats and thereby became the dominant actors in the working of the other
two institutions of the Panchayati Raj. The rural poor failed to really get involved in it. Most of them
continued to live below poverty line and found little interes in the working of these 'institutions of self-
government'. The apathy on the part of the rural women and inadequate opportunities available to
them, further acted as a big hinderance in the way of the working of Panchayati Raj.

(10) Structural Defects. There were experienced several structural deficiencies in the organisation and
working of the Panchayati Raj institutions:

1. Ineffectiveness of Gram Sabha.

2. Nominated character of the Panchayat Samitis and Zila Parishads.

3. Lack of adequate powers, particularly for the Panchayat Samitis.

4. Lack of trained and efficient staff.

5. Excessive governmental interferences and control.

6. Economic dependence of the Panchayati Raj institutions upon the government.

7. Irregular elections.

8. Frequent and prolonged supersession of the Panchayati Raj institutions.

9. Small area of the Block.

10. Lack of good relations between the Panchayati Raj staff and the rural people.

11. Working of Panchayati Raj institutions more as governmental agencies and less as popular and public
institutions.

All these hindrances were the mainly responsible for the inadequate success of Panchayati Raj in India
during 1959-92.

3. REVAMPING OF PANCHAYATI RAJ: 73RD AMENDMENT ACT 1992

For eliminating the defects noticed in the working of Panchayati Raj as well as for giving a wider
representative base and more powers to the Panchayati Raj institutions, the Parliament enacted the
73rd Amendment Act, 1992. Its purpose was to revamp the Panchayati Raj in such a way as should
ensure its regular, active and efficient working in the rural areas and enable it to help the process of
rapid socio-economic development of rural India. The new Act maintained the three tier structure of
Panchayati Raj but at the same time amended their compositions, functions and powers.
The following have been the main provisions of the 73rd Amendment Act.

(A) 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.

(B) 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.

(C) Composition of Panchayats.

1. Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with
respect to the composition of Panchayats :

Provided that the ratio between the population of the territorial area of a Panchayat at any level and the
number of seats in such Panchayat to be filled by elections shall so far as practicable, be the same
throughout the State.

2. All the seats in the 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 alloted 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 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 .

(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.

(D) 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 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 the Panchayat as the population of the Scheduled Castes in that Panchayat area or of the
Scheduled Tribes in the Panchayat area bears to the total population of that area and such seats
may be allotted by rotation to different constituencies in a Panchayat.

(1) 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.

(2) 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.

(3) 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 near 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 the number of offices reserved under this clause shall be alotted 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.

(E) 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.

(F) Disqualifications for membership. (1) A person shall be disqualified for being chosen as, and for
being member of a Panchayat :

(a) if he is so disqualified by or under any law for the time being in force for the purpose 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.

(G) Powers, authority and responsibility of Panchayat. Subject to the provisions of the Constitution, the
Legislature of a State may, by law, endow the Panchayats with such 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- powers

(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.

(H) 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 condition 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 of the crediting all money 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.

(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
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 Panchayats; and

(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; and

(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 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.

(J) Audit of accounts of Panchayats. The Legislature of a State may by law, make provision with respect
to the maintenance of accounts by the Panchayats and the auditing of such accounts.

(K) 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 all 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 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.

(L) Application to Union Territories. The provisions of this Part shall apply to the 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 reference, 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.

(M) Part not to apply to certain areas. Nothing in this Part shall apply to 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 Council exists 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 hilly 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.

(N) 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 repeated 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 each commencement shall continue till the
expiration of their duration, unless sooner dissolved by a resolution passed to that effect by a 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.

(0) Bar to interference by courts in electoral matter. Notwithstanding anything in this Constitution:

(a) the validity of any rule relating to the delimitation of constituencies or the allotment of seats
for 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 of under any law made by
the Legislature of a State.

3. Amendment of Article 280. In clause (3) of Article 280 of the Constitution, after sub-clause (a) the
following sub-clause shall be inserted, namely:

(b) 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.

4. SALIENT FEATURES OF 73RD AMENDMENT ACT

The main features of the 73rd Amendment Act have been :

1. Strengthening of Gram Sabha as the foundation level institution of Panchayati Raj.

2. To maintain and streamline the organisation and functions of the three tiers of Panchayati Raj i.e.
Panchayat, Panchayat Samiti and Zilla Parishad.

3. The states whose populations were less than 20 lakh were exempted from organising the
intermediate level i.e. Panchayat Samities.

4. Direct election of members of Panchayats, Panchayat Samities and Zilla Parishads and their heads
(Sarpanches). However chairpersons of Panchayat Samities and Zilla Parishads were to be elected
indirectly.

5. Reservaion of seats in Panchayati Raj institutions for SCS, STs, women and women belonging to SCS
&STS (1/3rd seats were reserved for women)

6. 1/3rd (Now one-half) offices of Sarpanches of Panchayats and heads of Panchayat Samities and Zilla
Parishads of a state were also reserved for women.

7. The Panchayati Raj institutions were to enjoy a fixed tenure of five years. In case of every dissolution,
the new institution was to enjoy the remaining tenure of the previous institution.

8. Responsibility for conducting elections of Panchayati Raj institutions of a state was to be with the
state election commission.

9. Panchayats were given more functions, additional finances and definite sources of revenue.
 Now it has been decided that the Reservation Quota for women in the institutions of Rural and Urban
Local Self-Government will be increased from the present 33% to 50% seats.

Each state was to constitute a finance commission after every five years. It was to review the financial
position of Panchayats and make recommendations regarding the distribution of revenue between the
state and the Panchayats.

The Eleventh Schedule of the Constitution was added and it enumerated 29 subjects which were to be
within the jurisdiction of Panchayats.

5. "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.

6. PANCHAYATI RAJ 73RD AMENDENT ACT: OPERATIONALISATION

On April 23, 1994 all the States of India completed the process of enacting fresh legislations for
strengthening the Panchayati Raj Institutions as envisaged in the 73rd Amendment. The Panchayati Raj
73rd Amendment Act became operational in most of the States of the Union.

The enforcement of 73 Act marked the beginning of process of devolution of power and decentralisation
of administrative experience. This constituted an important step in the drive towards the strengthening
of the democratic process at the grassroots.

In the main, this Act provided for : Reservation of seats for SCs and STs in proportion to their
populations, reservation of the posts of chairpersons for the SCs and STS of a state. reservation of not
less than 1/3 (now1/ 2) of the elected seats in each Panchayat for women. reservation of 1/3 (now ½)
posts chairpersons for rural women and rotation of reservation of women constituencies, direct election
to Panchayats, representations of chairpersons of village Panchayats at intermediate level, and at
district level, representation of MPs, MLAS, MLCS, election of chairpersons of Panchayats and continuity
of operation of Panchayati Raj institutions,

7. ORGANISATION AND POWERS OF THE INSTITUTIONS OF PANCHAYATI RAJ AFTER 1994

After the passing of the Constitution 73 Amendment Act, Panchayati Raj continues to have a three tier
structure: Gram Sabha and Gram Panchayat at the Village level, a Panchayat Samiti at the intermediate
level (Block level or Taluk level or Tehsil level), and a Zila Parishad at the District level. The
nomenclature, differs from state to state. Further, the states with less than 20 lakhs population have
been given the option to have or not to have the intermediate level Panchayat.

The organisation and functions of each Panchayats Raj institution can be generally described as follows:

PANCHAYATI RAJ INSTITUTION AT THE VILLAGE LEVEL: THE GRAM SABHA

The Gram Sabha constitutes the lowest tier of the Panchayati Raj. Each village with a population of 200
or more has a Gram Sabha. For a cluster of very small villages a common Gram Sabha is created.

Composition of Gram Sabha. It consists of all the eligible voters living in the area of a Gram Panchayat,
which extends over a village or a group of villages. The Gram Sabha is now recognised as a statutory
body in all States. In some States, the Panchayat Acts provide for giving membership of Gram Sabha to
all the adults living in the panchayat area. In Odisha it is known as Patti Sabha.

Functions of Gram Sabha. The main works allocated to the Gram Sabha are: the consideration of the
annual statement of accounts, auditing report of the Gram Panchayat, the administrative report of the
preceding year, the programme of work for the ensuing year, the taxation proposals and any other
specific schemes of a developmental nature involving community service, voluntary labour, etc.
Panchayat Act of a state usually provides that the Sabha shall in its first meeting consider the budget
prepared by the Gram Panchayat and in its second meeting consider the reports of the working of its
Gram Panchayat and draw out development plans for the Sabha area. In Odisha, the Patti Sabha can
recommend to the Gram Panchayat the development work which should be undertaken for execution
and also suggests the imposition of enhanced labour-tax on the able-bodied persons living within the
Gram Panchayat area.

The Gram Sabha constitutes the very base of Panchayati Raj system and as such is a vital institution
capable of exerting a big influence on the Gram Panchayat.

The Gram Sabha elects the members of panchayat and the chairperson of panchayat. It is a real grass
root level institution. The states have now tried to ensure continuance of operation of all the gram
sabhaa in their respective areas.

I. GRAM PANCHAYAT

The Gram Panchayat is the executive organ of the Gram Sabha. It is the most important unit of rural
local government. It is directly elected by all the voters living within the area of the Panchayat.

There are approximately 225000 Gram Panchayats in India.

I. Composition. The membership of the Gram Panchayat varies considerably from 5 to 31. In Punjab,
Gram Panchayats have 5 to 9 members but in UP from 16 to 31 members. The members of the
Panchayat, Panches are elected by all the voters by a secret ballot. In all States, 1/3rd (now it is to be
increased to 50% seats) of seats are reserved for women. Special representation for the scheduled
castes and schedule tribes also exists in all the States.

In simple words we can say that a Gram Panchayat is composed of such number of members as may be
decided in accordance with the size of population. The number varies from 5 to 31. The members are
elected by secret ballot by all the eligible voters. There is a provision for reservation of seats for women
and persons belonging to scheduled castes and scheduled tribes.

II. Sarpanch. The Sarpanch of the Gram Panchayat is directly elected by the voters of the Panchayat
area. Some Sarpanch offices are now reserved for women candidates. Likewise, members of the
scheduled castes and scheduled tribes also enjoy reservations in respect of all the offices of the
Sarpanch in a state.

The Sarpanch convenes the meetings of the Panchayat and presides over these. He is to convene at least
one meeting per month. The Panches can request him for calling a special meeting, which he has to call
within 3 days. Sarpanch keeps the record of the meetings. He is responsible for the financial and
executive functions. The Panchayat can assign any special function to him.

III. Legal Status. A Gram Panchayat is a corporate body having perpetual succession and a common seal.
It has the power to acquire, hold and dispose of property and to enter into contracts. As a corporate
body it can sue and be sued.

IV. Meetings. A Gram Panchayat is a deliberative cum executive body. It transacts its business by passing
resolutions. The Sarpanch convenes, presides over and conducts the meetings of the Panchayat and
exercises control over its administration. He exercises the powers that are delegated to him by the
Panchayat. At least one meeting in a month is compulsory. The Panchayat, functions through four or
more committees. The Sarpanch is the ex-officio member and President of each committee. The other
members are elected by the members from amongst themselves. The members of a Panchayat can
request the Sarpanch for a special meeting.

V. Quorum. A majority of members of the Panchayat constitutes the quorum. All decisions are taken by
consensus or majority. Sarpanch can cast a casting vote in case of a tie.

POWERS AND FUNCTIONS OF GRAM PANCHATAT

The powers and functions of Gram Panchayat are more or less similar in all the States.

The Gram Panchayat performs several functions-rule-making, rule implementation. financial functions
and even minor judicial functions.

These functions can be broadly divided into two categories-obligatory and discretionary. They cover a
wide range, including civic administration, cultural, social and development activities from sanitation,
conservancy, crop experiments, promotion of cottage industries to the registration of births and deaths.

(A) General Powers and Duties. Subject to such rules as may be prescribed, it is the duty of the Gram
Panchayat, within the limits of the funds at its disposal, to make arrangement for satisfying the needs of
its area in respect of the following matters, including all subsidiary works and buildings connected
therewith:

1. any public place including its sanitation, the drains.

2. wells, water pumps, baolies, springs, ponds and tank for the supply of water for drinking, washing and
bathing:

3. burial and cremation grounds;

4. the lighting of public places;

5. buildings for the accommodation of travelers;

6. ponds for animals ;

7. the relief for the poor;

8. public health and sanitation;

9. the organisation and celebration of public festivals, other than religious festivals

10. the improvement of the breeds of animals used for agricultural or domestic purpose:

11. public gardens, playgrounds, establishment and maintenance of recreation parks, organization of
games and sports, supply of sports materials and holding of tournaments;

12. libraries and reading rooms;

13. the voluntary registration of the sales of cattles, camels and horses;

14. the development of agriculture and village industries;

15. starting and maintaining a grain fund for the cultivators and lending them seed for sowing purposes
on such conditions as the Gram Panchayat may approve;
16. the construction, repair and maintenance of public places and buildings of public utility;

17. allotment of places for preparation and conservation of manure;

18. construction and maintenance of culverts and bridges;

19. the laying out of new roads and pathways and maintenance of existing ones;

20. framing and carrying out schemes for the improved methods of cultivation and management of land
to increase production;

21. supply of water for domestic use and for cattle;

22. the organization of Young Farmers Club' and 'Mahila Mandal' for the organization of games and
sports and execution of development, social and cultural works in the Sabha area;

23. planting and preservation of trees;

24. measures to promote the moral, social and material well-being or convenience of the inhabitants of
the Sabha area;

25. community listening; and

26. organizing of village voluntary force for watch and ward and for assisting the executive in the
discharge of its functions.

(B) Power to make General Order. A Gram Panchayat may, by general order to be published in the
manner prescribe:

(a) prohibit the use of water of a well, pond or other excavation suspected to be dangerous to the public
health;

(b) regulate or prohibit the watering of cattle or bathing or washing at or near wells, ponds or other
excavations, reserved for drinking water;

(c) regulate or prohibit the steeping of hemp or any other plant in or near ponds or other excavation
within two hundred and twenty yards of the residential area of a village :

(d) regulate or prohibit the dyeing or tanning of skins within four hundred and forty yards of the
residential area of a village :

(e) regulate or prohibit the excavations of earth or stones or other materals within two hundred and
twenty yards of the residential area of a village;

(f) regulate or prohibit the establishment of brick-kilns and charcoal kilns within eight hundred and
eighty yards and pottery-kilns two hundred and twenty yards of the residential area of a village.

(C) Powers to Enquire and Report about misconduct of Petty Officials. On a complaint being made to
the Gram Panchayat by any person that a peon, constable, chowkidar, patrol of the Irrigation
Department, forest guard, patwari, canal overseer, head constable, game watcher or any other class of
public servants to which Government may by notification extend the provisions of this section has
misconducted himself in his official capacity, the Gram Panchayat may enquire into the matter and
submit a report along with the prima facie evidence to the superior officer whom it may concern, or the
Deputy Commissioner or the Sub Divisional Offier as the case may be.
The authority shall, after such further enquiry, as may be required, take suitable action and inform the
Gram Panchayat of the result.

A Gram Panchayat can direct that intoxicating liquor may not be sold at any licensed shop within the
local area of the Gram Panchayat.

The Gram Panchayat may with the consent of district board start managing and regulating new fairs,
and markets with such conditions to the share of income securing there from as may be mutually agreed
upon.

(D) Power to Name Streets and Numbering of Houses. A Gram Panchayat may select a name to be
given to a street by affixing into or painting it on any building or otherwise in such a position or manner
as it may think fit:

Cause a number to be affixed to or painted on any building in such a position or manner as it may think
fit;

A Gram Panchayat shall, if so prescribed by Government and so far as practicable assist any government
servant in the performance of his duties within its area:

Provided that no work costing more than five hundred rupees shall be entrusted to, or undertaken by a
Panchayat except with the previous approval of the Director Local Bodies.

(E) Judicial Functions in respect of Criminal Offences. Every Panchayat with enhanced powers, and
every Adalti Panchayat shall have jurisdiction to try:

1. the offences mentioned in Schedule-B of the Gram Panchayat Act, 1952 provided that the
value of the property concerned with the offence is not in excess of two hundred and fifty
rupees, shall not empower the said Panchayats to try any person liable to enhance punishment
under section 75 of the I.P.C.

2. any other offence, not punishable with imprisonment for more than two years, which
Government may by notification, declare to be triable by such Panchayats.

For the purpose of deciding whether an offence falls within the jurisdiction of a Gram Panchyat, the
provisions of sections 179 to 182 of the Code of Criminal Procedure 1898, shall apply. Panchayat shall be
deemed to be a criminal court when trying criminal cases.

Any person who wishes to institute a criminal case before a Panchayat shall make a complaint orally or
in writing to the Sarpanch, and in his absence to any Panch and shall at the same time pay the fee as
prescribed in Schedule III

The Panchayat may, after examining the complaint, and after further enquiry, if necessary, either
dismiss the complaint or summon the accused to attend.

If the complainant fails to appear on the date fixed for hearing or if in the opinion of the "Panchayat" he
shows negligence in prosecuting the case, the Panchayat may dismiss the case and such order shall,
subject to the provisions of the sub-section (3), operate as an acquittal.

If the complainant satisfies the Panchayat that his absence was due to some unavoidable cause and that
he could not notify the Panchayat thereof before the hearing, the Panchayat may revive the proceeding.
If at any time it appears to the Panchayat that the offence is one for which the sentence which the
Panchayat is competent to pass would be inadequate, it shall send the record of the case by order in
writing to the District Magistrate.

If the accused fails to appear or cannot be found, the Panchayat shall report the fact to the nearest
Magistrate.

The Magistrate shall issue a warrant for the arrest of the accused and shall direct by endorsement of the
warrant that if such person presents himself in the manner provided by section 76 of the Code of
Criminal Procedure, 1898, he shall be released from custody.

When the accused appears before the magistrate, he shall direct him to execute a bond as he may direct
and thereafter to continue to appear before the Panchayat as directed by such with or without sureties
to appear before the Panchayat, Sarpanch, or any Panch on such date person or the Panchyat.

On his failure to execute such bond, the magistrate shall order that the accused be produced in custody
before the person mentioned in sub-section (3) of the Panchayat Act on such date not more than fifteen
days later as he may direct.

If the accused fails to appear before the Panchayat after executing a bond under sub- section (3), the
Panchayat shall report the fact to the Magistrate before whom the bond was executed, and such
Magistrate shall proceed in accordance with the provisions of Chapter XLII of the Code of Criminal
Procedure, 1898.

(F) Civil, Revenue and Judicial Functions. Notwithstanding any other law for the time being in force and
subject to the other provisions of this Act, the jurisdiction to try any of the suits mentioned hereunder
shall vest in a Panchayat :

(a) suits for the recovery of movable property or the value of such property;

(b) suits for money or goods sold on contracts, or price thereof;

(c) suits for compensation for wrongfully taking or injuring movable property; and

(d) suits mentioned in clause (i). (k), (I) and (n) of Sub-section (3) of Section 7-7 of the Punjab
Tenancy Act, 1887.

Thus, the Gram Panchayats have been assigned a large number of functions.

In some States like Assam, Bihar, U.P. and Orissa, the Panchayats are also required to make
arrangements for watch and ward duties. With the introduction of Panchayati Raj. greater and greater
emphasis is being placed on the developmental functions of Gram Panchayats which include agriculture,
animal husbandry, cooperation, minor irrigation, village industries, primary education, local
communications, sanitation, health and local amenities, etc. Besides, there are enabling provisions in
the various Acts which authorize the Government to confer more functions to the Village Panchayats.

SOURCE OF INCOME AND POWER TO TAX

The Grams Panchayats in all the States are empowered to levy certain taxes, though there are
considerable variations from State to State. The main sources of income of the Panchayats are a tax on
property, cess on land revenue, or rent, a tax on animals, vehicles and profession tax. These taxes are
generally compulsory. Panchayats are also empowered to levy some other taxes and fees like octroi, tax
on shops, fees for the use of rest houses, drainage fee, light rate, water rate, etc. where such services
are provided by the Gram Panchayats.
The Panchayats are empowered to collect land revenue only in the States of Bihar, Gujarat and
Maharashtra. However, in all the States, except Jammu and Kashmir, Tamilnadu, Orissa, U.P. and West
Bengal, a part of the land revenue is given to the Gram Panchayats as a grant by the State government.
Besides, the Panchayats also get income from non-tax resources such as markets, cattle ponds, tanks,
waste lands, orchards and other remunerative assets.

CONTROL OVER GRAM PANCHAYATS

The State Government has the power of control over Gram Panchayats. In some states the Panchayat
Samitis have been given the power to approve the Panchayat budget, distribute certain funds to it,
approve its borrowing, obtain administrative and accounts reports from it and supervise its activities in
general. The State Government has the power to remove the Sarpanch for abuse of power or
misconduct. It has the power to suspend or cancel any resolution of the Panchayat or its functional
committees. It has the power to supersede or dissolve the Panchayat for abuse of power or gross
failure. It exercises its control over the Panchayats through its departmental officials and the Deputy
Commissioner. The accounts of the Panchayat are to be audited by such officers as the government may
appoint.

POSITION OF PANCHAYAT

The above account of the functions and powers of the Gram Panchayat leads us to conclude that it
enjoys a strong and respectful positions in its area. However, in reality, the Gram Panchayats in almost
all the States, have not been successful in performing these functions. Their performance to this date
has been unsatisfactory. Several structural problems, inadequate funds, excessive governmental control,
environmental strains resulting from illiteracy, ignorance, factionalism, party politics and backwardness
have all combined to prevent these institutions of local self-government from acting in an efficient
manner. Removal of these hindrances alone can enable them to carry out the desired role. The
Constitution 73rd Amendment Act has tried to remove some of these defects. The new system has the
potential to makes the Gram Panchayat a well functioning and stable institution of rural local
government. Now rural women are getting empowered and this augurs well for the health of the Gram
Panchayats.

2. THE PANCHAYAT SAMITI

The Panchayat Samiti is the intermediate tier in the Panchayati Raj system. In different States, the
Panchayat Samitis have been given different names. Madhya Pradesh calls them the Janapada
Panchayats, Assam, the Anchalik Panchayats, Tamil Nadu, the Panchayat Union Councils and U.P., the
Kshetra Samitis. The Taluka level body is known in Gujarat as the Taluka Panchayat and in Karnataka as
the Taluka Development Board.

The most popular name, however, happens to be Panchayat Samiti.

1. Area of Jurisdiction. In a majority of States, the jurisdiction of a Panchayat Samiti is co-extensive with
the block, which is generally a smaller unit compared with the Taluka. In some States the jurisdiction of
this intermediate tier is co-extensive with that of the Taluka.

2. Membership and Constitution of Panchayat Samiti. This intermediate tier of the Panchayati Raj
generally comprises the following categories of members: (i) Six to ten members of the Panchayat Samiti
are elected directly by the voters of all the constituencies falling within the area of the Panchayat Samiti.
Infact one member of the Panchayat Samiti is elected for a population unit of 15000. (ii) elected
representatives of the Sarpanches of Panchayats, (iii) local MLAs and MLCS (with or without the right to
vote), (v) persons representing women, scheduled castes and tribes whose seats are reserved. (vi) In
every Panchayat Samiti seats are reserved for SCs, women, and OBCs. Not more than 1/3rd of all the
seats that stand reserved for SCs are, reserved for women belonging to SCs.

33% (Now 50%) of seats, out of the total number of directly elected seats of a Panchayat Samiti stand
reserved for women.

3. Tenure. The term of Panchayat Samiti is five years in all the states.

4. Meetings. A Panchayat Samiti ordinarily meets at the least six times each year for the transaction of
its business and not more than two months are to be allowed to be elapsed between any two successive
meetings. A meeting of Panchayat Samiti is either ordinary or special. Any business can be transacted at
an ordinary meeting unless required by this Act or the rules made there under to be transacted at a
special meeting. The date of every meeting is fixed by the Chairman, or in his absence by the Vice-
Chairman. Notice of every meeting specifying the time and place thereof and the business to be
transacted thereat is dispatched to every member of the Panchayat Samiti and exhibited at the office of
the Samiti not less than ten clear days before an ordinary meeting and four clear days before a special
meeting.

Any meeting of a Panchayat Samiti can, with the consent of the majority of the members present, be
adjourned and its business can be transacted at the next following meeting.

At every meeting of a Panchayat Samiti the Chairman or President, if present, or in his absence, the
Vice-Chairman or Vice-President, and if there be no Chairman or Vice- Chairman present then such one
of its members as the members present may elect, presides over the meeting.

5. Chairman and Vice-Chairman of the Panchayat Samiti. The Panchayat Samiti, in its very first meeting
elects two of its members as Chairman and Vice-Chairman Chairmanships of at least 1/3" (Now 2)
Panchayat Samitis stand reserved for women members. Likewise, some of these offices stand reserved
for members belonging to SCs. The tenure of the Chairman is equal to the tenure of the Panchayat
Samiti. Further, the members of a Panchayat Samiti can remove the Chairman by passing a resolution by
a 2/3rd majority. This can be done only in a special meeting of the Panchayat Samiti. But a removal
resolution can be passed only after the expiry of two years of his term and in case such a resolution is
rejected by the Panchayat Samiti, a fresh removal resolution can be moved only after two years.

6. Quorum. For the transaction of business at a meeting of a Panchayat Samiti, the quorum has been
fixed as the majority of total members.

Even Panchayat Samiti is helped in its work by a BDO/BDPO and a team of Block Extension Officers who
are specialist of various fields.

POWERS AND FUNCTIONS OF PANCHAYAT SAMITI

1. Agriculture. Doing everything necessary to step up agricultural production and in particular:

(i) multiplication and distribution of improved seeds;

(ii) distribution of fertilizers;

(iii) popularisation of improved techniques, methods and practices and improved implements;

(iv) achieving self-sufficiency in green manure and composting of farm-yard manure;

(v) encouraging fruit and vegetable cultivation;

(vi) reclamation of land and swamps and conservation of soil;

(vii) providing credit for agriculture purposes;

(viii) propagating and assisting in plant protection methods

(ix) laying out demonstration plots and working out better methods of farm management;

(x) bringing more area under irrigation by renovating and sinking wells, repairing and digging private
tanks and maintaining government minor irrigation sources and supply channels:

(xi) utilising more power for agricultural purposes;

(xii) exploiting underground water sources by sinking wells, filter points and tube-wells;

(xiii) tree planting; and

(xiv) growing of village forests.

2. Animal Husbandry and Fisheries.

(i) Upgrading local stock by introducing pedigree breeding bulls and castrating scrub bulls;

(ii) introducing improved breeds of cattle, sheep, pigs and poultry:

(iii) controlling contagious diseases by systematic protection;

(iv) introducing improved fodders and feeds;

(v) establishing and maintaining of artificial insemination centres ; first aid centres and minor veterinary
dispensaries :

(vi) dairying and milk supply:

(vii) developing inland fisheries;

(viii) educating the people about the importance of cattle for both milk and draught.

3. Health and Rural Sanitation.

(i) Maintenance and expansion of health services including vaccination and control of epidemics;

(ii) provision of protected drinking water facilities;

(iii) dissemination of knowledge regarding family planning:

(iv) inspection of aushdhalayas, dispensaries, maternity centres and primary health centres:

(v) carrying out environmental sanitation and health campaigns and educating the public in (a) nutrition,
(b) maternity and child health and (c) communicable diseases;

(vi) popularising smokeless Chullahs;

(vii) anti-malarial measures and destruction of locusts, rats and other pests.
4. Communication.

Construction, repairs and maintenance of inter-village roads and culverts on such roads and other
means of communication.

5. Social Education. The creation of a new outlook among the people and making them self-reliant,
hard-working and responsive to community action and in particular:

(i) establishment of information, community and recreation centres;

(ii) establishment of Youth Organisations, Mahila Mandals, Farmer Clubs, Villagers Clubs and the like;

(iii) establishment and popularisation of libraries :

(iv) organisation of watch and ward;

(v) encouragement of physical and cultural activities;

(vi) organisation of voluntary sanitary squads:

(vii) training and utilisation of the services of Gram Sahayaks.

(viii) promotion of physical culture by encouragement of games and sports

6. Co-operation.

(i) Promotion of co-operation by helping in the establishment and strengthening ofservice co-
operatives, industrial, irrigation, farming and other societies;

(ii) participation in and assistance to service co-operatives.

7. Miscellaneous.

(i) Development of cottage and small scale industries in order to provide employment opportunities and
to promote village self-sufficiency:

(ii) management of all property vested in the Panchayat Samiti ;

(iii) inspection and maintenance of serais, rest-houses, markets, public parks and gardens and other
public institutions;

(iv) securing or removing dangerous buildings or places;

(v) regulation and control of vehicular traffic on roads other than motor traffic;

(vi) construction, repair and maintenance of relief works, relief houses and other measures of relief on
account of famines, floods, earthquakes, and calamities of like nature;

(vii) management of such public ferries as may be entrusted to the charge of the Panchayat Samiti;

(viii) establishment and management of ponds;

(ix) Organization and management of Panchayat Samiti fairs, agricultural shows and industrial
exhibitions ;)

(x) encouragement of thrift through small savings and insurance;

(xi) disposal of unclaimed dead bodies;

(xii) management of any property vested in the government which the government may entrust to the
Panchayat Samiti ;

(xiii) registration of births, deaths and marriages;

(xiv) regulation of offensive and dangerous trades and practices.

(xv) any other local works or measures likely to promote the health, comfort, convenience and interest
of the public;

(xvi) any other matter which the government may generally or in respect of a particular Panchayat
Samiti declare to be fit and appropriate matter to be brought under the control and administration of
the Panchayat Samiti.

Panchayat Samitis have an impressive list of functions and responsibilities. These do not have their own
financial resources. Their resources mainly consist of a share in the land of local cess and duty on
transfer of property, community development grants and funds allotted by the State government or the
Zila Parishad for specific schemes. These resources are found grossly inadequate in terms of their
responsibilities. With such inadequacy of funds. Panchayat Samitis have not been able to give adequate
attention to the maintenance of roads, buildings, furniture in schools and other such work.

Though Panchayat Samities, in many States, are statutorily made responsible for the preparation of
block development plans with regard to agricultural production, industries etc, the samitis do not seem
to have made appreciable impact in this regard.

Each Panchayat Samiti operates through its statutory committees. Generally speaking, they deal with:
(1) production programmes, (2) social welfare, (3) cooperatives, cottage industries, etc., (4) education,
rural water supply, health and sanitation, (5) communication and other allied subject, and (6) finance,
taxation and administration. The number of these committees varies from a minimum of three in the
Punjab to a maximum of eight in Bihar. The Assam Act provides for the constitution of any number of
committees. The statutory committees exercise only the powers delegated do it by the Panchayat
Samiti.

The Panchayat Samitis, like other Panchayati Raj institutions, have not been very successful in carrying
out their work. The team of extension officers led by BDPO has. however, been doing a good work
towards the implementation of development Schemes. After the revamping of Panchayati Raj by the
73rd Amendment Act, the Panchayat Samitis are trying to act more effectively and efficiently as
instruments of rural development in their respective areas.

3. THE ZILA PARISHAD OR ZILLA PANCHAYAT

The Zila Parishad is the district level top tier of the Panchayati Raj. It operates at the district level and
looks after the rural ares of the district. The Zila Parishad is a corporate body having perpetual
succession and a common seal. It has the power to acquire, hold and dispose of property and to enter
into contracts. As a corporate body it can be sued. While Zila Parishad' happens to be the most
commonly used name for this top tier of the Panchayati Raj, in Assam, it is known as Mahakum Parishad
(sub-divisional level). In Tamil Nadu and Karnataka it is known as the District Development Council, and
in Gujarat, the District Panchayat.

I. Composition of Zila Parishad. A Zila Parishad has the following categories of members.

(i) 10 to 25 directly elected members from all the constituencies falling within the area covered
by the Zila Parishad. Approximately 50,000 people elect one representative.
 (ii) All Chairmen of Panchayat Samities falling within the area of Zila Parishad.

(iii) MPs and MLAs representing the area.

(iv) Such MPs and MLAs whose names stand registered as voters in any constituency of the area
of Zila Parishad.

In the case of Zila Parishad also some seats stand reserved for SCs, OBCs and women. elected seats are
reserved for women. In the case of OBCs, one seat is reserved in case their The ratio of reserved seat is
in proportion to the population of SCs. 1/3 (now 2) directly population living in the Zila Parishad area is
20% or more of the total population.

Chairman and Vice- of all the Zila Parishads After the constitution of Zila Parishad, in its first meeting all
the members elect from among themselves one person as its Chairman and another as the Vice-
chairman. Further, 1/3 (now ½) of all the chairmanships are reserved for the women members and some
of the chairmanships are reserved for members belonging to SCs. The term of the Chairman is equal to
the term of the Zila Parishad. He can also be removed by the members by passing a removal resolution
by a 2/3rd majority of its members.

The main function of the Chairman is to preside over the meetings of the Zila Parishad. He exercises
administrative supervision and control over the cheif executive officer and other officials of the Zila
Parishad. The Zila Parishad can assign him any function. He supervises the financial administration of the
Zila Parishad.

III. Quorum for Meetings. The majority of total membership of the Zila Parishad is the quorum for its
meeting.

IV. Meetings. The Zila Parishad meets once in three months. Its special meetings can also be held when
requested in writing by 1/3rd of its members. The Chairman has to call such a special meeting within 15
days of such a request.

V. Committees of the Zila Parishad. The Parishad functions through a number of standing committees,
each in charge of specified subjects. The members of these committees are elected from among the
members of the Zila Parishad. The Chairman of the Zila Parishad is an ex-officio member of all the
Standing Committees.

The five main standing committees of a Zila Parishad are: General Committee, Finance Audit and
Planning Committee, Social Welfare Committee, Education and Health Committee and Agriculture and
Industry Committee.

Each committee consists of 5 members. Chairman of a standing committee is elected by the members of
the Zila Parishad. The Chairman of a Zila Parishad is however, exofficio chairman of the first three
standing committees as listed above. No member of the Zila Parishad can be a member of more than
two committees.

POWERS AND FUNCTIONS OF ZILA PARISHAD

The powers and functions of Zila Parishad vary considerably from State to State. In Karnataka and Tamil
Nadu, the Zila Parishad is coordinating body which exercises general supervision over the working of the
Panchayat Samitis and advises the Government on the implementation of the development schemes.
Besides these duties, in Andhra Pradesh, the Zila Parishad has some executive role in the establishment,
maintenance and expansion of secondary educational, vocational and industrial schools. It also
discharges the functions of the Panchayat Samitis in respect of non-samiti blocks. In Maharashtra, the
Zila Parishad is the strongest tier of the Panchayati Raj and is vested with executive functions in various
fields, including planning, development and advising of the State Government. In Gujarat and Uttar
Pradesh also the Zila Parishad is vested with administrative functions in various fields. In the remaining
States, the Zila Parishad has no specific executive power and it is only a supervisory and coordinating
body.

In Andhra Pradesh, Assam, Bihar, Madhya Pradesh, Karnataka, Orissa and Punjab, the budget of the
Panchyat Samiti is approved by the Zila Parishad. In Gujarat,Rajasthan and U.P the Samiti's budget is
scrutinised by the Zila Parishad which can make certain suggestions for the consideration of the Samiti.
In Maharashtra, the Samiti's budget, after such modifications as the Parishad may consider necessary, is
included within the Zila Parishad's budget. The Zila Parishads exercise powers of supervision and
guidance over the Panchayat Samitis in Andhra Pardesh, Assam, Gujarat, Madhya Pradesh, Karnataka,
Punjab, Rajasthan and Uttar Pradesh. The Zila Parishads are also empowred to supervise Village
Panchayats in Andhra Pradesh, Gujarat, Madhya Pradesh and U.P.

The main functions of the Zila Parishad can be listed as follows:

(1) Development of Agriculture.

(2) To set up and maintain warehouses.

(3) To train the farmers.

(4) Land Reclamation and Conservation.

(5) Development of Irrigation.

(6) Water utilisation in an optimum way.

(7) Rural Electrification.

(8) Distribution of Essential Commodities to the people.

(9) To collect and publish data regarding Panchayats, Panchayat Samities and the Zila Parishad.

(10) To develop marketing network for marketing agricultural produce.

(11) Conservation and development of forests.

(12) To look after the development of Animal Husbandry, Dairy and Fisheries.

(13) To organise Cold Storage facilities.

(14) Development of Small scale and cottage industries.

(15) Encouragement to cottage industries.

(16) Construction and maintenance of roads.

(17) Organisation of Health facilities.

(18) To promote Rural Housing.

(19) To look for spreading education.

(20) To take steps for the welfare of weaker sections of society.

(21) To undertake poverty alleviation programmes.

(22) To celebrate national festivals.

(23) To organise cultural meets and festivals.

(24) To undertake programmes for social reforms

(25) To encourage small savings.

(26) To perform functions delegated by the State government.

The Zila Parishad is expected to function as an advisory and supervisory body over the Panchayat
Samitis. In this sphere, its functions relate to: (a) examination and approval of the budgets of the
Samities, (b) distribute funds allotted to the district by the government to the Samities, (c) supervise
generally the activities of the Samities in the district, (d) co-ordinate and consolidate the plans of the
blocks and prepare plans in respect of the entire district, (e) secure the execution of plans, projects,
schemes or other works common to two or more blocks, (exercise and perform such of the powers and
functions of the district board as are transferred to it, (g) advise the government on all matters relating
to development activities and maintenance of services in the district, (h) advise the government on the
allocation of work among Panchayats and Panchayat Samitis and coordination of their work. (i) advise
government on matters concerning the implementation of statutory or executive order referred to it, (j)
publish statistics and other information, (k) obtain information from the local bodies, (1) establish,
maintain and expand secondary, vocational and industrial schools, and (m) administration of trusts.

5. Funds of the Zila Parishad. All money received by a Zila Parishad constitutes a fund called the Zila
Parishad Fund. All money received by the Zila Parishad is kept in a Government Treasury or Sub-Treasury
or in the bank to which the Government Treasury business has been made over, unless the government
in any case otherwise permits. All orders or cheques against the Zila Parishad Fund are to be signed by
the Secretary.

6. Sources of Income. The Sources of income of a Zila Parishad consist of:

(i) the Central or State Government funds allotted to the Zila Parishad;

(ii) a share in the Land Reserve collected from the Zila Parishad area.

(iii) grants from All India bodies and institutions for the development of cottage, village and small scale
industries, and the like;

(iv) state taxes or fees as may be prescribed;

(v) income from trusts administered by the Zila Parishad :

(vi) such income of the District Board as the Government may by order, allocate to it;

(vii) Zila Parishad can raise loans.

(viii) donations and contributions from the Panchayat Samitis or from the public in any form and

(ix) such contributions as the Zila Parishad may levy from the Panchayat Samitis with the previous
approval of the Government.
The expenses of the Zila Parishad include the salaries and allowances of the officials of the Zila Parishad,
and allowances, if any, to be paid to the members of Zila Parishad or any Consultative Committee
thereof.

The Chief Executive Officer of a Zila Parishad, frames and places before the Zila Parishad, on or before
the prescribed date, an annual budget showing the estimated receipt and expenditure during the next
financial year.

Thus, Rural Local Government in India continues to be a three tier structure. The 73rd Constitution
Amendment Act has ensured the continued operation of the institutions of Panchayati Raj. It has given
additional powers and sources of revenue for enabling these to work efficiently. The involvement and
empowerment of rural women has been secured by giving them reservations for becoming the
members and chairpersons of Panchayats, Panchayat Samities and Zila Parishads. The revamping of
Panchayats Raj by this Amendment has been aimed at the objective of making the local government
institutions well-functioning, active and productive instruments of Indian democracy at the grass-root
level. These are designed to act as agents of rural development as well as for ensuring sustained
development of rural living.

II. URBAN LOCAL GOVERNMENT IN INDIA

More than 26 per cent population of India lives in urban areas and a trend towards rapid urbanisation
has been distinctly visible. These are about 2500 towns in India and in each municipal town a unit of
urban local government is at work. In big cities Municipal Corporations are at work and in other
cities/urban areas Municipal Councils are at work. For fast urbanising areas which are currently and
basically rural areas, Nagar Panchayats, Notified Area Committees and Town Area Committees have
been established. For cantonments, Cantonment Boards have been established. Besides these, some
special institutions like Improvement Trusts, Port Trusts, Town Planning bodies, Urban Development
Agencies, and Housing Boards, have also been established.

Since the dawn of independence, the Urban Local Government has been working at the grassroot level.
Urban Local government is engaged in meeting local needs with local resources and through a local
council organised by the local people. In 1992, the Constitution 74th Amendment Act was passed for
revamping the Urban Local Government with a view to ensure for it stability, more representativeness
and a more powerful role.

A study of Urban Local Government therefore must begin by studying the Constitution 74th Amendment
Act 1992.

THE CONSTITUTION 74TH AMENDMENT ACT 1992

By this Act, Part IXA was inserted in the Constitution. After defining the Municipal area and the
Municipality, the Amendment Act lays down rules regarding the organisation, powers, functions and
finances of the institutions of Urban Local Government.

These can be described as follows:

I. 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 an 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.

II. 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.

III. 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 Ward 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-

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

(d) 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.

IV. Reservation of seats. (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes
in every Municipality 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 office 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 office 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 office of Chairpersons in the Municipalities in favour of backward class of
citizens.

V. 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 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.

VI. Disqualification 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.

VII. Powers, authority and responsibilities of Municipalities. Subject to the provisionsof this
Constitution, the Legislature of 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 provision 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 matter 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.

VIII. Power to impose taxes 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.
IX. Finance Commission. (1) The Finance Commission constituted under Article 243-1 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 levied by the State, which may be divided between them under this Part
and the allocation between the Municipalities at all levels of the 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.

X. 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 audit of such accounts.

XI. 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.

XII. 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.

XIII. 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.

XIV. 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 Municipalities
in the district and to prepare a draft development plan for the district as a whole.

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

(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.

XV. Committee for Metropolitan Planning. (1) 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.

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

(a) the composition of the Metropolitan Planning Committees:

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

(c) 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;

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

(f) 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
coordinated 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 Metroplitan 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.

XVI. 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 shail 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.

XVII. 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 allotmen of seats to such
constituencies, made or purporting to be made under Article 243ZA shall not be called in question in any
court;

(b) (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 actions made by the Finance
Commission of the State."

Addition of 12th Schedule in the Constitution.

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 ponds; 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.

Two provisions (2431 & 243 K) of 73rd Amendment Act (Revamping of Panchayati Raj) were repeated in
this Amendment Act. These laid down the provision regarding: constitution of Finance Commission for
reviewing for finances and regular holding of elections for the institutions of local Government.

Salient Features of the Municipal Institutions after the passing of 74th Amendment Act.

(1) Constitution of three types of municipalities-Nagar Panchayats for fast urbanising rural areas,
Municipal Councils for smaller urban areas, and Municipal Corporations for larger urban areas.

(2) Fixed five year term and continuity of operation for municipalities.

(3) Appointment of an election commission in each state for conducting local elections to the
institutions of local government.

(4) Appointment of a finance commission for local governments.

(5) Constitution of metropolitan and district planing committees in each state

(6) Provisions for reservation of seats for SCs, STS, OBCS and women.

(7) Provision for reservation of seats of public offices for SCS, STs, and women.

After the passing of the 74th Amendment Act, all states were to enact/amend their respective municipal
acts. This work was accomplished by 1994. The urban local government institutions in all states were
organised in their new forms with effect from 1994.
We can discuss the organisation, function powers and finances of urban local government institutions as
follows:

A. MUNICIPAL CORPORATION

Municipal Corporation is the highest local government institution working in each large urban area.
Their are at work about 70 Municipal Corporations in India. Each Municipal Corporation is set up by an
Act passed by the concerned State Legislature.

1. Composition of Municipal Corporation. The number of members of each Municipal Corporation is

determined, on the basis of the population of the city concerned, by the laws passed by the State
Legislature.

Each Municipal Corporation includes the following categories of members.

(i) Directly elected members from the area of Municipal Corporation. For the election of these
members, the whole area of the large city is divided into wards and each ward elects one member. The
strength of the directly elected members depends upon the size of the population of the urban area.

(ii) Members of State Legislative Assembly, who represent the area of Municipal Corporation.

Provision for Reservation of Seats. Some reservation of seats is there in every Municipal Corporation for
(i) Scheduled Castes, (ii) Back ward Classes and (iii) Women. The ratio of seats reserved for Scheduled
Castes is in proportion to the total population of Scheduled Castes in the Municipal Corporation area. In
every Municipal Corporation, two seats are reserved for the Backward Classes. At least 1/3 of the seats
reserved for Scheduled Castes are reserved for women belonging to Scheduled Castes.

At least 1/3 of the seats to be filled by direct election in each Municipal Corporation are reserved for
women (including the seats reserved for Women belonging to Scheduled Castes).

2. Qualifications. The Qualifications necessary for the membership of a Municipal Corporation are-

(i) The person should be a citizen of India.

(ii) His/her name should figure in the voter's list of the city concerned.

(iii) He/she must, at least be of 21 years of age.

(iv) He/she should not hold any governmental office i.e. office of profit under the government.

(v) He/she should not have been declared ineligible to contest elections for committing a crime.

3. Tenure. Every Municipal Corporation, has a term of 5 years and begins from the date of the first
meeting. Elections take place after the expiry of the five years term. An election to constitute a
Corporation has to be completed within six months from the date of the dissolution of a municipal
corporation. A Municipal Corporation constituted upon the dissolution of a Municipal Corporation
before the expiry of full term, continues only for the remaining period of the tenure of the dissolved
Corporation. However, if the remaining tenure of the dissolved Municipal Corporation is less than six
months, it is not necessary to hold any election for constituting the Corporation for such a period.

If in the opinion of the government, a Municipal Corporation is not competent to perform its duties or
persistently makes mistakes in the performance of duties imposed on it or exceeds any of its powers,
the Government can dissolve such a Corporation before the expiry of its term. Never-the-less, before
doing this the Corporation has to be given a reasonable opportunity of being heard before its
dissolution. After dissolution of a Municipal Corporation, a new corporation has to be elected and
constituted within six months.

4. President/Mayor of Municipal Corporation. Municipal Corporation has one Chairman and one
Deputy Chairman who are called Mayor and Deputy Mayor respectively. In their first meeting the
members of Municipal Corporation elect Mayor and Deputy Mayor from amongst the elected
Councillors. Each has a tenure of five years i.e. equal to the tenure of the Municipal Corporation.
Members of the Municipal Corporation can remove the Mayor and Deputy Mayor from office by passing
a resolution to that effect by a 2/3rd majority.

5. Provisions for Reservation of the offices of Mayor. Municipal Corporation Act of a state provides for
the reservation of seats for the office of Mayor,

(i) 5% offices for Scheduled Castes.

(ii) 5% offices for women, including women belonging to the Scheduled Castes; and

(iii) 2% offices for Backward Classes.

6. Meetings. It is compulsory to convene one meeting of the Municipal Corporation in a month. 1/5th
members of a Municipal Corporation can also make a written request for convening a special meeting.
Such a meeting has to be convened by the Mayor within 14 days of the reciept of the requisition.

7. Quorum. The quorum for the meeting of a Municipal Corporation is 1/2 of the total members. All
decisions of the corporation are taken by a majority of members present and voting. In case of a tie, the
Mayor can use a casting vote.

8. Executive Officer of the Municipal Corporation. The main responsibility to run the administration of
Municipal Corporation is that of an executive officer who is designated as Commissioner of Corporation.
The Commissioner is appointed by the government and he is a senior government official. His salary and
allowances are given out of the Corporation funds.

The Commissioner has the responsibility to run the administration by implementing the decisions taken
by the Municipal Corporation. He prepares annual budget of the Municipal Corporation, gets it passed
from the Corporation and implements it. All the personnel of the Municipal Corporation work under his
supervision and control. The Commissioner prepares the annual report of the working of the Municipal
Corporation and presents it before a meeting of the 'Corporation Council'. The Commissioner always
plays an important role in the administration of the Municipal Corporation.

9. System of Ward Committees. 74th Amendment to the Constitution provides for the establishment of
Ward Committees in the Municipal Corporation area and for Municipal Corporation with population of 3
lakh and above. One Ward Committees is constituted for atleast five wards. While forming ward
committees the geographical contiguity of the wards is taken into consideration.

Each Ward Committee includes the following members.

(i) Councillors of wards included in the area of Ward Committee.

(ii) The Commissioner of Municipal Corporation is the ex-officio member of the Ward Committee.

Each ward committee has a Chairperson who is elected by the elected members of Ward Committee
from amongst themselves.
FUNCTIONS OF A MUNICIPAL CORPORATION

A Municipal Corporation is always authorised by a law passed by the legislature to administer the
subjects included in the 12th Schedule of the Constitution. These subjects are-

(1) Urban planning, including town planning;

(2) Regulation of land-use and construction of buildings;

(3) Planning for economic and social development;

(4) Construction of roads and bridges and their maintenance;

(5) Water supply for domestic, industrial and commercial purposes;

(6) Public health and sanitation;

(7) Provision of fire-services;

(8) Urban forestry, protection of environment and promotion of ecological balance.

(9) Safeguarding the interests of weaker sections of society, including the handicapped and mentally
retarded;

(10) Slum improvement and upgradation;

(11) Alleviation of urban poverty;

(12) Provision of urban amenities and facilities, such as parks, gardens and play grounds;

(13) Cultural, educational and aesthetic development.

(14) Provision of public amenities including street-lights, parking lots, bus stands, etc;

(15) Prevention of cruelty to animals.

(16) Regulation of slaughter houses and tanneries.

Each Municipal Corporation also performs several administrative functions in its area.

(i) It frames its own bye-laws for proper municipal administration.

(ii) It imposes fines on those who violate its rules.

(iii) It recruits staff of the Municipal Corporation.

(iv) It can purchase and sell land.

(v) It demolishes the dilapidated and dangerous buildings and bridges.

(vi) It registers births and deaths.

(vii) It makes arrangements for the cremation of the dead.

(viii) It welcomes the foreign guests.

(ix) It collects data and statistics regarding the city.

Besides these, each Municipal Corporation performs all civic functions:

(1) Construction of buildings and regulation of land use.

(2) Construction and maintenance of roads and bridges.

(3) Water supply

(4) Sanitation

(5) Fire fighting services

(6) Environment Protection

(7) Slum development.

(8) Maintenance of Parks and Play Grounds

(9) Registration of Births and Deaths

(10) Providing street lighting, sewerage, bus stops, parking and public convenience services for the
people.

Sources of Income of a Municipal Corporation. The following are the sources of income of a Municipal
Corporation :

1. Taxes. The taxes constitute a major source of income of the Municipal Corporation. It can levy the
following taxes:

(i) Property Tax, (ii) Tax on Vehicles and Animals, (iii) Theatre Tax, (iv) Entertainment Tax, (v) Tax on
Advertisements, (vi) Tax on Sale and Transfer of Property, (vii) Tax on Building Plans, (viii) Education Tax,
(ix) Tax on Consumption of Electricity, (xi) Toll Tax and Octroi, (xii) Boat Tax.

2. Grants. The Municipal Corporation receives a number of grants from the government, and this is an
important source of its income.

3. Loans. The Municipal Corporation can raise loans from government and non- government institutions.

4. Income from other Sources. Apart from the sources of income mentioned above, the Municipal
Corporation has other sources of income also, such as-

(i) Licences Fee,

(ii) Income from the means of transportation,

(iii) Income from the supply of electricity,

(iv) Rents from rest houses, and other buildings,

(v) Income from industries, etc.

After the 74th Constitutional Amendment, each state has to establish a Finance. Commission which lays
down rules for distribution of taxes between State Government and. Municipal Corporation, the number
and nature of taxes which a Municipal Corporation can levy, and the amount of grants which the state is
to provide to the Municipal Corporations. The State Government is expected to ensure such financial
autonomy for each Municipal Corporation as can enable it to carry out its functions in a productive and
efficient manner.

B. NAGAR PANCHAYAT

Nagar Panchayats are created for a transitional area (the area which is fast changing from a rural to an
urban area) or for a very small urban area. For this purpose, several factors are taken into consideration;
the density of the population therein, the revenue generated for local administration, the percentage of
employment in non-agricultural activities, the economic importance of the area and some others.

1. Composition of a Nagar Panchayat. The strength of the members of Nagar- Panchayats is fixed by the
government from time to time. They are directly elected by the people of the area on the basis of adult
franchise. For the purpose of election, the areas of Nagar Panchayats is divided into wards and each
ward elects one member.

Besides the elected members, the member of the State Legislative Assembly (M.L.A) representing that
area is also the ex-officio member of Nagar Panchayat.

The tenure of Nagar Panchayat has been fixed at 5 years. It begins from the date of its first meeting. It is
obligatory to hold its elections before the expiry of its 5 years term. If a Nagar Panchayat is dissolved
before the expiry of its term, its re-election has to be held within six months of the dissolution. The new
Nagar Panchayat in this case holds office for the remaining tenure of the dissolved Nagar Panchayat.

2. President and Vice-President. Every Nagar Panchayat elects one President and one Vice-President
from amongst its members. They are elected by all the elected members. The President presides over its
meetings,

3. Reservation of Seats. There is reservation of seats for (i) Scheduled Castes, (ii) Backward Classes, and
(iii) Women. The criteria for reservations is the same as for all other local government institutions.

The Nagar Panchayat performs all the civic functions for its area. It formulates and implements plans for
the development of the area. (For details refer to the functions of the Municipal Council.)

C. MUNICIPAL COUNCIL

The Municipal Council, is the most popular and widely used institution of urban local government. Each
state has established Municipal Councils for its cities. Their number differs from state to state. In Punjab,
for example, there are 97 Municipal Councils. Out of these 27 Municipal Councils are Class-I, 39 Class II
and 31 Class -III.

1. Composition of Municipal Council. The membership of each Municipal Council is fixed by the state
government. The basis is the population of the concerned urban area.

However, every Municipal Council has the following types of members-

I. Directly elected members from the Municipal area.

II. MLAs representing the area of the Municipal Council are ex- officio members.

2. Reservation of Seats. Reservation of seats for (i) Scheduled Castes, (ii) Backward Classes, and (iii)
Women, is a rule. The ratio of seats reserved for Scheduled Castes is in proportion to the population of
Scheduled Castes in the Municipal area. One seat is reserved for the Backward Classes. No less than 1/3
of the seats reserved for Scheduled Castes are to be reserved for Scheduled Caste women.
(ii) 1/3rd of the total number of seats to be filled by direct election in each Municipal Council (including
the number of seats reserved for-women belonging to the Scheduled Castes) stand reserved for women.

The reservations of seats for women have been now increased from 33% to 50%.

3. Qualifications. The qualifications for membership of a Municipal Council are :

(i) A person must be a citizen of India.

(ii) His name should figure in the voters list of the area.

(iii) He must be at least 21 years of age.

(iv) He should not hold any governmental post i.e. office of profit.

(v) He should not have been declared disqualified for election.

4. Tenure. The tenure of the Municipal Council is 5 years. The term begins from the date of the first
meeting of the Municipal Council. If for any reason, any Municipal Council is dissolved before the expiry
of its tenure, then fresh elections are to be held within six months of its dissolution. In this case, the new
Municipal Council gets the remainder of the tenure of dissolved Municipal Council. However, if the
remaining term of the dissolved Municipal Council is less than 6 months, it is not necessary to hold fresh
elections for constituting Municipal Council for such a period. A new Municipal Council is elected within
six months and it has a full tenure of 5 years.

If in the opinion of the State Government, a Municipal Council is not competent to perform its duties or
persistently defaults in the performance of its duties or exceeds or abuses its power, the State
Government can dissolve that Municipal Council even before the expiry of its term. However, before
doing it the Municipal Council has to be given a reasonable opportunity for clarifying its position before
its dissolution.

5. President and Vice-President of the Municipal Council: The Municipal Council elects one of its
members as the President and another as the Vice-President. The President convenes the meetings of
the Municipal Council and presides over the meetings.

The term of office of President of the Municipal is 5 years i.e. equal to the term of the Municipal Council.
However, he can leave office by submitting resignation before the expiry of his term.

Members of the Municipal Council can also remove the President from office before the expiry of his
term by passing a resolution to that effect by a 2/3rd majority. Besides this, he can be removed from
office by the government if he abuses his power or is unable to discharge his responsibilities in a proper
manner.

6. Reservations of the Office of President. A fixed percentage of the offices of the Presidents of
Municipal Councils in a State are reserved for the persons belonging to SCs and women.

7. Meeting. One meeting of the Municipal Council is essentially held in a month. In other words, twelve
meetings are held in a year. 1/5th of the members of the Municipal Council can put in a request for
convening a special meeting. Thereupon. the President of the Municipal Council has to convene a special
meeting within 14 days of the receiving of such a request.

8. Quorum. The quorum of the Municipal Council stand fixed at one-half of its total membership. All the
decisions of the Municipal Council are taken by majority. In case of a tie, the President can exercise a
casting vote.
9. Executive Officer of the Municipal Council. Executive Officer is an important officer of the Municipal
Council who is appointed by the State Government out of the State Cadre of Municipal Officers or State
Civil Services Cadre. He has the responsibility to implement the decisions taken by the Municipal
Council. He runs the day to day administration of the Municipal Council, collects the taxes imposed by
the Municipal Council, issues and rejects licences, and exercises control over Municipal Councils
Officials.

Besides, Executive Officer, Municipal Council has several other officers also, such as Health Officer,
Engineer. Sanitary Inspectors, Octroi Inspectors and others.

FUNCTIONS OF THE MUNICIPAL COUNCIL

After the incorporation of 12th Schedule by the 74th constitution Amendment Act, a Municipal Council
stands assigned the following subjects for administration:

1. Planning. Preparation and implementation of plans for the development of the city.

2. Regulation of land use and construction of Buildings. It makes bye-laws for the proper use of land
and undertakes construction of buildings.

3. Planning for Economic and Social Development. Municipal Council has also been given the task of
undertaking planning and implementing the plans for the economic and social development of the
inhabitants of the city.

4. Construction and maintenance of Roads and Bridges. Municipal Council constructs roads and bridges
in its area and undertakes the repair and maintenance work.

5. Water Supply for Domestic, Industrial and Commercial Purpose. It has the power to make provision
for the supply of clean drinking water in its area. It is to make arrangements for the supply of water for
industrial and commercial purposes.

6. Public Health and Sanitation. Public Health and Sanitation of the city is the responsibility of the
Municipal Council and Health Officer and Sanitary Inspectors are responsible for carrying on this main
function. In this context it undertakes several functions (1) Makes provision for public latrines and
urinals, (ii) Provides proper drains for the disposal of dirty water and urination, (iii) Imposes ban on the
sale of rotten etables. (iv) Makes adequate arrangements for checking adulteration in food-stuff, (v) Sets
up hospitals and dispensaries. (vi) Makes arrangements for vaccination to contain epidemics like small-
pox and cholera etc.

7. Provision of Fire Fighting Service. Municipal Council makes provision of a fire- brigade and makes all
necessary arrangements needed for fire-fighting operations.

8. Urban Forestry, protection of environment and Ecological balance. Municipal Council makes
necessary arrangements for the protection of the environment of the city, for maintaining ecological
balance, and undertakes necessary measures for checking pollution. It makes special drives for tree-
plantation.

9. To protect the interests of weaker sections of society. Municipal Council makes adequate
arrangements for safeguarding the interests of the weaker sections of society.including the handicapped
and mentally retarted. For this purpose it can undertake the construction and running of homes for
handicapped persons.
10. Slum Improvement. To keep the city clean and to beautify it is the basic duty of Municipal Council.
For this purpose, it makes necessary arrangements for the development and improvement of urban
slums.

11. Urban Poverty Alleviation. Municipal Council takes steps for providing employment and self-
employment to the people and for alleviating urban poverty.

12. Maintenance and establishment of Parks, Gardens and Play- Grounds. To keep the urban
environment clean and to maintain the beautification of the town, the Municipal Council develops parks
in the town, sets up gardens in open spaces and makes provision for play-grounds.

13. Promotion of Cultural and Educational Welfare. For the cultural, educational and aesthetic
development of the people of the town the Municipal Council establishes cultural centres in the town,
sets up museums, opens educational institutions and manages them.

14. Maintenance of Cremation Grounds. Municipal Council makes necessary arrangements for the
cremation and burial of dead bodies. Keeping in view its resources, Municipal Council can make
provision of Electric Crematorium also.

15. Prevention of Cruelty against Animals. Municipal Council makes necessary arrangements for the
burial of dead animals as well as for preventing cruelty to animals. 16. Registration of Birth and Deaths.
Municipal Council undertakes registration of birth and deaths and issues birth and death certificates.

17. Public amenities including Street lighting, Parking, Bus Stops, and public conveniences. Municipal
Council makes proper arrangements for street-lighting in the town, sets up parking places in the town
for parking of vehicles, tongas and rickshaws, and provides amenities, such as latrines and urinals.

18. Regulation of Slaughter houses and Tanneries. Municipal Council opens slaughter houses in the
town and makes rules regarding their utilisation. It also regulates the working of tanneries and makes
necessary arrangements to deal with the problems arising out of it.

Administrative Functions

(i) Municipal Council frames its own bye-laws for running its administration.

(ii) It can impose fines on those who violate its rules.

(iii) It has the power to recruit and remove some catagories of its employees.

(iv) It can purchase and sell land.

(v) It can demolish dilapidated and dangerous buildings and bridges.

(vi) It can levy and collect taxes.

Thus, each Municipal Council has all such powers as are deemed essential for the performance of its
assigned local functions.

SOURCES OF INCOME OF THE MUNICIPAL COUNCIL

1. Income from Taxes. The main source of income of a Municipal Council is taxes, such as Property Tax,
Octroi, Tax on Vehicles, Tax on Animals, Tax on advertisements, Toll tax, Profession Tax, Entertainment
Tax, etc.
2. Income from Property, Electricity and Water Supply. Municipal Council collects taxes from the
people for the provision of water supply and electricity. Apart from this, the Municipal Council has
income from its shops, inns, rest houses, janjghars etc.

3. Government Grants. The Municipal Council receives regular and specific grants from the government
which also constitute a major source of its income.

4. Loans. The Municipal Council can raise loans from banks and other financial institutions with the prior
approval of the government.

After 74th amendment of the Constitution, the state government has to set up a Finance Commission
which can be given the responsibility (i) to determine principles of distributing income from various
taxes imposed by state government between state government and Municipal Councils, (ii) to formulate
principles relating to taxes to be assigned to Municipal Councils, and (iii) to recommend proper action to
the government for improving the financial position of Municipal Councils.

GOVERNMENT CONTROL OVER URBAN LOCAL SELF-GOVERNMENT

74th Amendment of the Constitution has granted sufficient autonomy to urban local governments and
these have been accorded a constitutional status. However, these are not completely free from
governmental control. The urban local government institutions work within the limits prescribed by the
State Municipal Act which creates and governs them.

Further, the state government exercises its control over these bodies in several other ways-

1. Legislative Control. Urban Local bodies are set up by the laws passed by the legislature. The State
government can bring changes in their organisation, powers and functions through a law passed by the
legislature.

2. Financial Control. State government undertakes the audit of the accounts of urban local bodies from
time to time for checking irregularities committed by these institutions while spending money. For
raising loans from the financial institutons, Municipal Councils have to seek the prior approval of the
state government.

3. Control through Government Officials. Executive Officers of urban local bodies are government
officials and the government exercises its control over these bodies through these officials. Executive
Officer and the Commissioner of Municipal Corporation are the key instruments of governmental
control over the urban local bodies. The Director Urban Local Bodies also performs such a role.

4. Power to dismiss the Urban Local Institutions. Under 74th amendment to the Constitution, these
institutions have been given a stable 5 years tenure. However, even then, if in the opinion of the
government, an institution is not competent to perform its duties or persistently makes default in the
performance of duties, the government can dismiss it even before the expiry of its term.

5. Administrative Control. (i) The Government can seek any report, record or information from the
Municipal councils and corporations, (ii) The government can appoint any officer of its own to scrutinise
and examine the work done by a Municipal Corporation Council (iii) The sanction in respect of the bye-
laws passed by a Municipal Corporation/ Council has to be obtained from the government, etc.

Thus, Indian Political system has a well-organised and well-functioning system of rural and urban local
self-government. These grassroots level local government institutions serve as instruments for providing
political education and training to the people of India. These also act as very useful means for securing
the socio-economic development of Indian villages and cities. No doubt their working has not been fully
successful in securing the desired goals, nevertheless, they have the potential to develop and become
stronger and efficient organs of local development with the help of local resources, local efforts and
local representatives. The Constitution 73rd and 74th Amendment Acts have made a bold attempt to
ensure their continuity, stability, representativeness and autonomy for making them function as
valuable instruments of local self-governance. Now provision for 50% representation for women has the
potential to make the local self-government system become a healthier participatory democratic
system.

Election to local bodies with reference to U.P.

After independence, the importance of establishing and developing Local self-government in rural areas
was realized and the U.P. Panchayat Raj Act, 1947 was promulgated to fulfill this objective.
Consequently gram sabha and gram Panchayat in every village or for a group of villages were established
throughout the state. The Constitution of India as enforced on January 26, 1950 provides that "The State
shall take steps to organize village Panchayats and endow them with such powers and authority as may
be necessary to enable them to function as units of local self-government". Subsequently different
committees recommended that Constitutional status be accorded to Panchayat Raj and Urban Local
Bodies Institutions and the elections to these institutions be conducted by separate Election
Commission. As a consequence, the 73rd and 74th Amendment in the Constitution came into effect
from 24th April, 1993.

2- Article 243K of the Constitution of India states that:-

"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".

The Uttar Pradesh State Election Commission was constituted by the State Government for the first time
on April, 23rd, 1994.

The functioning of the Panchayat Raj Bodies is governed by two separate acts, one for Gram Panchayats
and the other for the Kshetra Panchayats and Zila Panchayats. According to section 12BB of the U.P.
Panchayat Raj Act, 1947, the superintendence, direction and control to conduct the election to the
office of Pradhan and Member of a Gram Panchayat is vested in the State Election Commission. Under
Section 12 BB, subject to the supervision and control of the State Election Commission, the District
Magistrate supervises the conduct of all elections of the Pradhans and the Members of the Gram
Panchayats in the districts. Similarly, according to section 264-B of the U.P. Kshetra Panchayats and Zila
Panchayats Adhiniyam, 1961, the superintendence, direction and control to conduct the election to the
office of Adhyaksh and Member of a Zila Panchayat and of Pramukh and Member of a Kshetra
Panchayat is vested in the State Election Commission.

Like rural local bodies, the urban local bodies in the State are governed by two separate Acts, one
governing the Nagar Palika Parishads and Nagar Panchayats and the other for Municipal Corporations.
According to Section 13-B of the U.P. Municipalities Act, 1916 and section 45 of the U.P. Municipal
Corporation Act, 1959, the superintendence, direction and control to conduct the election to the office
of Chairpersons , Members, Mayors and Corporators is vested in the State Election Commission.

The electoral rolls are prepared according to the rules under the provisions of related Acts, guidelines
and instructions given by the State Election Commission. There are specific provisions to this effect
under section 9 of the U.P. Panchayat Raj Act, 1947.
Section 6B of the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961 deals with preparation of
electoral rolls for Kshetra Panchayat and section 18B of the aforesaid Act pertains to the preparation of
electoral rolls for Zila Panchayat.

Likewise section 12A to 12G of the U.P. Municipalities Act, 1916 deals with the preparation of electoral
rolls of Nagar Palika Parishads and Nagar Panchayats. Section 35 to 40 of the U.P. Municipal Corporation
Act, 1959 deals with the preparation of electoral rolls of the Municipal Corporation.

The State Government has made certain rules for the conduct of Panchayats election as cited below:

1. Uttar Pradesh State Election Commission (Panchayat Raj & Local Bodies) (Appointment & Conditions
of Service) Rules, 1994.

2. Uttar Pradesh Panchayat Raj (Registration of Electors) Rules, 1994.

3. Uttar Pradesh Panchayat Raj (Election of Members, Pradhans and Up-Pradhans) Rules, 1994.

4. Uttar Pradesh Panchayat Raj (Settlement of Election Disputes) Rules, 1994.

5. Uttar Pradesh Panchayat Raj (Settlement of Election Disputes) Rules, 1994.

6. Uttar Pradesh Kshetra Panchayats and Zila Panchayats (Election of Members) Rules, 1994.

7. Uttar Pradesh Zila Panchayats (Election of Adhyaksh and Up-Adhyaksh and Settlement of Election
Disputes) Rules, 1994.

8. Uttar Pradesh Kshetra Panchayats (Election of Pramukh and Up-Pramukh and Settlement of Election
Disputes) Rules, 1994.

For conducting the Urban Local Bodies election, the State Government has made the following rules:-

1. U.P. Municipalities (Preparation and Revision of Electoral Roll) Rules, 1994.

2. U.P. Municipal Corporations (Preparation and Revision of Electoral Roll) Rules, 1994.

3. U.P. Municipalities (Election of Members, Corporators, Chairmen and Mayors) Rules, 2010.

4. U.P. Municipalities (Election of Members, Corporators, Chairmen and Mayors) (First Amendment)
Rules, 2013.