Panchayati Raj of Rajasthan

Panchayati Raj of Rajasthan

Panchayati Raj system has a three tier structure: (As per Census 2011)

• Total Districts: 33
• Total Panchayat Samities: 295
• Total Gram Panchayats: 9891
• Average GP per District: 300
• Average GP per PS: 34
• Average PS per District: 9
• Total Population: 6.86 Crores
• Rural Population: 5.15 Crores

‘The Rajasthan Panchayati Raj Act, 1994’

About Gram Sabha

Gram Sabha and its meetings

1. There shall be a Gram Sabha for each Panchayat Circle consisting of the persons registered in the electoral rolls relating to the village or the group of villages comprised within the area of the Panchayat.
2. There shall be at least two meetings of the Gram Sabha every year, one in the first and the other in the last quarter of the financial year: Provided that upon a requisition in writing by more than one-tenth of the total number of members of the Gram Sabha or, if required by the Panchayat Samiti, Zila Parishad or the State Government, a meeting of the Gram Sabha shall be held within fifteen days of such requisition or requirement.
3. In the meeting held in the first quarter of the financial year, the Panchayat shall place before the Gram Sabha –
4. the annual statement of accounts of the preceding year;
5. a report on the administration of the preceding financial year as required to be submitted under the provisions of this Act;
6. the development and other programmes proposed for the financial year; and
7. the last audit report and replies made thereto.
8. In the meeting convened in the last quarter of the financial yea, the Panchayat shall place before the Gram Sabha –
   1. the statement of expenditure incurred during the year;
   2. physical and financial programmes undertaken in the financial year;
   3. proposals with regard to any changes made in various spheres of activities proposed in the meetings held in the first quarter of the financial year; and
   4. the budget of the Panchayat as prepared under the provisions of this Act and tax proposals of the Panchayat.

Quorum of Gram Sabha-

The quorum for a meeting of the Gram Sabha shall be one-tenth of the total number of members out of which presence or members belonging to the Scheduled Castes, Scheduled Tribes, and Backward Classes and Women members shall be in proportion to their population

Resolutions

Any resolution relating to the matters entrusted to the Gram Sabha under this Act, shall have to be passed by a majority of votes of the members present and voting in the meeting of the Gram Sabha.

Functions of the Gram Sabha

The Gram Sabha shall, subject to such conditions and upto such extent and in such manner as may be specified by the State Government from time to time, perform the following functions:-

1. approve the plans, programmes and projects for social and economic development in order to priority from out of the plans, programmes and projects approved by the Ward Sabha before such plans, programmes and projects are taken up for implementation by the Panchayat;
2. identification or selection of persons as beneficiaries under the poverty alleviation and other programmes, in order of priority out of the persons by the various Ward Sabha coming under its jurisdiction;
3. obtaining a certificate from the Ward Sabha concerned that the Panchayat has correctly utilized the funds provided for the plans, programmes and projects referred to in Clause (a) which have been expended in the area of the Ward Sabha;
4. exercise social audit in respect of plots allotted to the weaker sections;
5. formulating and approving development plans for Abadi lands;
6. mobilizing voluntary labour and contribution in kind or cash or both for the community welfare programmes;
7. promoting literacy, education, health and nutrition;
8. promoting of unity and harmony among all sections of the society in such area;
9. seeking clarifications from the Sarpanch and members of the Panchayat about any particular activity, scheme, income and expenditure;
10. identification and approval of development works in order of priority from out of the works recommended by the Ward Sabha;
11. planning and management of minor water bodies;
12. the management of minor forest produce;
13. control over institutions and functionaries in all social sectors;
14. control over local plans and resources for such plans including tribal sub-plan;
15. consider and approve the recommendations made by each Ward Sabha in the area of such Panchayat Circle; and
16. such other functions as may be prescribed.

Establishment of Panchayat.-

• The State Government may, by notification in the Official Gazette, declare any local area, or a cantonment board constituted under any law for the time being in force to be Panchayat Circle and for every local area declared as such there shall be a Panchayat.
• Every Panchayat Shall, by the name notified in the Official Gazette, be a body corporate having perpetual succession and common seal and shall, subject to any restrictions and conditions imposed by or under this act or any other law, have power to acquire, by purchase, gift or otherwise, to hold, administer and transfer property, both movable and immovable, and to enter into any contract and shall, by the said name, sue and be sued.
• The State Government may, at any time, after one month’s notice published in the prescribed manner either on its own motion or at the request of the Panchayat or of the residents of the Panchayat Circle, and by notification in the Official Gazette, change the name 1 [or place of office] of any such Panchayat.

Establishment of Panchayat Samiti

• The State Government may, by notification in the Official Gazette, declare any local area within the same district to be a block and for every block declared as such there shall be a Panchayat Samiti having jurisdiction, save as otherwise of the provided in this Act, over the entire block excluding such portions of the block as are included in a Municipality or a cantonment board constituted under any law for the time-being in force: Provided that a Panchayat Samiti may have its office in any area comprised within the excluded portion of the Panchayat Samiti.
• Every Panchayat Samiti shall by the name notified in the Official Gazette, be a body corporate having perpetual succession and common seal and shall, subject to any restrictions and conditions imposed by or under this Act or any other law, have power to acquire, by purchase, gift or otherwise, to hold, administer and transfer property, both movable and immovable, and to enter into any contract and shall, by the said name, sue and be sued.
• The State Government may, at any time, after one month’s notice published in the prescribed manner either on its own motion or at the request of the Panchayat Samiti or of the residents of any area within the block of the Panchayat Samiti, and by notification in the name [or place of office] of any such Panchayat Samiti

Establishment of Zila Parishad

1. For every district, there shall be a Zila Parishad having jurisdiction, save as otherwise provided in this Act, over the entire district excluding such portions of the district as are included in a Municipality or a cantonment board constituted under any law for the time-being in force : Provided that a Zila Parishad may have its Office in any area comprised within the excluded portion of the district.
2. Every Zila Parishad shall bear the name of the District for which it is constituted and shall be a body corporate having perpetual succession and common seal and shall, subject to any restrictions and conditions imposed by or under this Act or any other law, have power to acquire, by purchase, gift or otherwise to hold, administer and transfer property both movable and immovable, and to enter into any contract and shall, by the said name, sue and be sued.

Composition of a Panchayat

1. A Panchayat shall consist of – (a) a Sarpanch, and (b) directly elected Panchas from as many wards as are determined under Sub-sec. (2)
2. The State Government shall, in accordance with such rules as may be framed in this behalf, determine the number or wards for each Panchayat Circle, and thereupon so divide the Panchayat Circle into single member wards that the population of each ward is, so for as practicable, the same throughout the Panchayat Circle

Composition of a Panchayat Samiti

1. A Panchayat Samiti shall consist of –

1. directly elected members from as many territorial constituencies as are determine under Sub-Sec. (2);
2. all members or the Legislative Assembly of the State representing constituencies which comprise whole or partly the Panchayat Samiti area;
3. chairpersons of all the Panchayats falling within the Panchayat Samiti] : Provided that the members referred to in [Clause (b) and (c)] shall have a right to vote in all meetings of the Panchayat Samiti except those for election and removal of the Pradhan or Up-Pradhan.
   1. The State Government shall, in accordance with such rules as may be framed in this behalf, determine the number of territorial constituencies for each Panchayat Samiti area and thereupon so divide such area into single member territorial constituencies that the population of each territorial constituency is, so for as practicable, the same throughout the Panchayat Samiti area : Provided that a Panchayat Samiti area having population not exceeding one lakh shall consist of fifteen constituencies and in case of a Panchayat Samiti area whose population exceeds on lakh, then for every fifteen thousand or part thereof in excess of one lakh, the said number of fifteen shall be increased by two.

Composition of a Zila Parishad.-

• A Zila Parishad shall consist of –

1. directly elected members from as many territorial constituencies as are determined under Sub-sec. (2)
2. all members of the Lok Sabha and of the State Legislative Assembly representing constituencies which comprise wholly or partly the Zila Parishad area;

• all members of the Rajya Sabha registered as electors within the Zila Parishad area:

1. chairpersons of all Panchayat Samities falling within the Zila Parishad area;] Provided that the members referred to in [Clause (b), (c) and (d)] shall have a right to vote in all the meetings of the Zila Parishad except those for election and removal of the Pramukh or the Up-Pramukh.

• The State Government shall, in accordance with such, rules as may be framed in this behalf, determine the number of territorial constituencies of each Zila Parishad area and thereupon so divide such area into single member territorial constituencies that the population of each territorial constituency, so far as practicable, the same throughout the Zila Parishad area :

Provided that a Zila Parishad area having population not exceeding four lakhs shall consist of seventeen constituencies and in case of a Zila Parishad area whose population exceeds four lakh, then for every one lakh or part thereof in excess of four lakhs, the said number of seventeen shall be increased by two.

73rd Amendment Act, 1992 which later adopted by Rajasthan State

• The passage of the Constitution (73rd Amendment) Act, 1992 marks a new era in the federal democratic set up of the country and provides constitutional status to the Panchayati Raj Institutions (PRIs).
• Consequent upon the enactment of the Act, Rajasthan has enacted their legislation.
• The main features of the Act are

1. A 3-tier system of Panchayati Raj for all States having population of over 20 lakh;
2. Panchayat elections regularly every 5 years;
3. Reservation of seats for Scheduled Castes, Scheduled Tribes and women (not less than one-third of seats);
4. Appointment of State Finance Commission to make recommendations as regards the financial powers of the Panchayats and
5. Constitution of District Planning Committees to prepare development plans for the district as a whole.

• As per the Constitution (73rd Amendment) Act, the Panchayati Raj Institutions have been endowed with such powers and authority as may be necessary to function as institutions of selfgovernment and contains provisions of devolution of powers and responsibilities upon Panchayats at the appropriate level with reference to

1. The preparation of plans for economic development and social justice; and
2. The implementation of such schemes for economic development and social justice as may be entrusted to them.

Financial Powers of Panchayati Raj Institutions

• Article 243-G of the Constitution of India provides that the States/UTs may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and to prepare plans for economic development and social justice and their implementation including those in relation to the matters listed in the Eleventh Schedule.
• As per Article 243-H of the Constitution, State Legislatures have been empowered to enact laws;

1. to authorise a Panchayat to levy, collect and appropriate some taxes, duties, tolls and fees;
2. to assign to the Panchayat, some taxes, duties, tolls levied and collected by the State Government;
3. to provide for making grants-in-aid to the Panchayats from the Consolidated Fund of the State; and
4. to provide for constitution of such funds for Panchayats for crediting all money received by or on behalf of Panchayats and also the withdrawal of such money therefrom.

Constitution of State Finance Commissions

• Article 243-I of the Constitution provides for constitution of a State Finance Commission to review the financial position of Panchayats and to make recommendations to the Governor regarding the principles governing the major issues mentioned in Article 243-H.

Eleventh Schedule –

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

1. Agriculture, including agricultural extension
2. Land improvement, implementation of land reforms, land consolidation and soil conservation
3. Minor irrigation, water management and watershed development
4. Animal husbandry, dairying and poultry
5. Fisheries
6. Social forestry and farm forestry
7. Minor forest produce
8. Small-scale industries, including food processing industries
9. Khadi, village and cottage industries
10. Rural housing
11. Drinking water
12. Fuel and fodder
13. Roads, culverts, bridges, ferries, waterways and other means of communication
14. Rural electrification, including distribution of electricity
15. Non-conventional energy sources
16. Poverty alleviation programme
17. Education, including primary and secondary schools
18. Technical training and vocational education
19. Adult and non-formal education
20. Libraries
21. Cultural activities
22. Markets and fairs
23. Health and sanitation including hospitals, primary health centres and dispensaries
24. Family welfare
25. Women and child development
26. Social welfare, including welfare of the handicapped and mentally retarded
27. Welfare of the weaker sections, and in particular, of the scheduled castes and the scheduled tribes
28. Public distribution system
29. Maintenance of community assets.

PESA/Schedule Area in Rajasthan

• Scheduled areas in India are inhabited by the tribal population who have been managing their natural resources and governing their social, economic and political life through a well- knit system of ancient customs and practices. However, in the wake of modernization these age old institutions of self governance are fast becoming extinct.
• It is a challenge to usher the tribals in the mainstream of development efforts without disturbing or destroying their cultural identity and socio- economic milieu.
• To achieve this objective Bhuria Committee was constituted 1994 to examine various dimensions of self rule for tribals, the constitutional requirements and to make recommendations for extending the provisions of the Constitution 73rd (Amendment) Act, 1992 to the Scheduled Areas.
• Following the recommendations of the committee, the Parliament extended the provisions of 73rd Amendment Act to the Scheduled Areas in the then eight states (now nine states) by passing Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (hereinafter PESA).

Devolution of Powers under PESA

• PESA legally recognizes the right of tribal communities to govern themselves through their own systems of self-government and also acknowledges their traditional rights over natural resources. In pursuance of this objective, PESA empowers Gram Sabhas (village assemblies) to play a key role in approving development plans, controlling all social sectors – including the processes and personnel who implement policies, exercising control over minor (non-timber) forest resources, minor water bodies and minor minerals, managing local markets, preventing land alienation and regulating intoxicants among other things.

Objectives of the Act

The objectives of the PESA Act are as follows:

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

Adoption of PESA by the State of Rajasthan

• State governments were required to amend their respective Panchayat Raj Acts within a year and not to make any law that would be inconsistent with the mandate of PESA. Chattisgarh became an independent state in 2000.
• The Panchayat Raj legislation applicable in Madhya Pradesh became applicable to the state of Rajasthan and make special provisions for extension of Panchayats in Scheduled Areas, a new chapter was added to Rajasthan Panchayati Raj Adhiniyam, 1993 (CPRA).
• However, the manner in which PESA provisions have been incorporated in CPRA, have been at variance with the letter and spirit of PESA.
• Besides, parallel provisions exist in other state laws governing a subject matter of PESA, which do not distinguish between a Scheduled Area and a Non Scheduled Area.
• Finally, since the focus nationally is on reviewing the existing approaches to natural resource management in Scheduled Areas and to create an ideal framework for forest and Scheduled Area governance and also various key legislations on forest tribal interface such as new the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, have been enacted, therefore, the PESA framework in Orissa also needs to be updated in the light of national and global developments.
• With this backdrop, this report presents an analysis of the current status of PESA implementation in the State of Chattisgarh and our suggestions and recommendation on effective devolution of powers on each of the subject matters of PESA.

Integrated Raj E-Panchayat

ICT as a tool for empowerment of PRIs

• Towards implementation of budget announcement 2016-17, The State Government of Rajasthan has envisaged an Integrated Raj e-Panchayat web based solution to enhance PRI’s productivity and streamlining internal process of Rural Development and Panchayati Raj department.
• The web based solution developed by DoIT&C , GoR with the objective of real time processing of the activities performed at the PRIs right from the work identification, initiation to completion and payment thus enabling effective use of IT in various activities viz Planning, Budgeting, Accounting, schemes monitoring at all level is being implemented in 33 ZP , 295 PS and 295 Pilot GPs.
• Deendayal Upadhayay Panchayat shivirs and Gramin Patta Vitran Abhiyan are being monitored through a module under this application.