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Panchayati Raj in Chhattisgarh

Development of Panchayati Raj in India

Important decisions used to be taken in meetings of village elders in ancient India, These meetings were called Panchayat. These decisions were generally accepted by all.

Many committees were formed to give suggestions about Panchayat Raj in independent India –

1. Balwant Rai Mehta Committee – A committee was constituted under the chairmanship of Balwant Rai Mehta to suggest measures for rural development in 1957. This committee suggested directly elected Panchayats for groups of villages, Panchayat Samitis with elected and nominated members at the block level and Zila Parishad at the district level. the recommendations of the committee were accepted on 1st April 1958. Rajasthan Vidhan sabha passed a Panchayati Raj Act on 2nd September 1959 on the basis of these recommendations and Panchayati Raj was inaugurated on 2nd October 1959 in Nagaur District of Rajasthan. After this many other States also made similar laws.
2. Ashok Mehta Committee –Ashok Mehta Committee was constituted to give suggestions on the deficiencies of the suggestions of Balwant Rai Mehta Committee in december 1977. The committee gave its report in1978 to the central Government in which a new model of Panchayat Raj was suggested. Its main recommendations were -
   1. First level of decentralization in the State should be district,
   2. Mandal Panchayat should be constituted below district level, which should be for a population of 15000-20000 and should have 10-15 villages,
   3. Gram Panchayat and Panchayat Samiti should be abolished,
   4. The President of Mandal should be directly elected and the election of the Zila Panchayat President should be indirect,
   5. The tenure of the Mandal and Zila Parishad should be 4 years,
   6. Development plans should be prepared by the Zila Parishad.
   The recommendations of Ashok Mehta Committee were considered to be insufficient and were rejected.
3. Dr. P V K Rao Committee – In 1985 a committee under the chairmanship of Dr. PVK Rao was constituted to make recommendations on administrative set up for rural development and poverty alleviation. This committee recommended State Development council at the State Level, Zila Parishad at the district level, Mandal Panchayat at the block level and Gaon Sabha at the village level. This committee also recommended reservation for SC/ST and women at all levels. The recommendations of this committee were also not accepted.
4. Dr. L M Singhvi Committee – Singhvi committee was constituted to review the work of Panchayati Raj institutions and make recommendations for improvement. This committee suggested that Panchayats should be empowered and also more financial resources should be made available to village panchayats.
5. P.K. Thungan Committee – This committee was constituted in 1988. This committee said in its report that Panchayati Raj organizations should be given place in the Constitution of India.

Constitutional Status to Panchayati Raj

1. 64th Constitution amendment bill was brought into the Lok Sabha on the basis of Thungal Committee report in 1989. It was passed by the Lok Sabha but it was rejected by the Rajya Sabha. The bill lapsed after the Lok Sabha dissolved.
2. After this 74th Constitution amendment bill was brought, which lapsed because Lok Sabha was dissolved.
3. After this on 16th December, 1991 72nd Constitution amendment bill was introduced in the Parliament which was sent to a Joint Parliamentary Committee. The committee gave its consent on the bill in July 1992 and its number was changed to 73rd Constitution amendment Bill. This was passed by the Lok Sabha on 22nd December, 1992 and by Rajya Sabha on 23rd December,
1992.
4. After its ratification by Vidhan Sabhas of 17 States it received the assent of the President on 20th April, 1993 and it came into force on 24th April, 1993.

Important Constitutional Provisions for Panchayati raj

Part 9 and 11th Schedule were inserted in the Constitution by 73rd amendment. These have provisions about Panchayati raj. The provisions on Part-9 of the Constitution are –

1. Article-243. Definitions
2. Article-243 A. Gram Sabha
3. Article-243B. Constitution of Panchayats.- (1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.
4. Article-243C. Composition of Panchayats.- (1) Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats
5. Article-243D. Reservation of seats
6. 243E. Duration of Panchayats etc
7. 243F. Disqualifications for membership - A person shall be disqualified for being chosen as, and for being, a member of a Panchayat— (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:
   Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;
8. 243G. Powers, authority and responsibilities of Panchayats - Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to—
   1. the preparation of plans for economic development and social justice;
   2. 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.
9. 243H. Powers to impose taxes by, and Funds of, the Panchayats- The Legislature of a State may, by law -
   1. authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
   2. assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;
   3. provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State; and
   4. provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom,
10. 243-I. Constitution of Finance Commission to review financial position.- The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor
11. 243J. Audit of accounts of Panchayats- The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts
12. 243K. Elections to the Panchayats - 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.
13. 243L. Application to Union territories
14. 243M. Part not to apply to certain areas - 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.
15. 243N. Continuance of existing laws and Panchayats.
16. 243-O. Bar to interference by courts in electoral matters

Eleventh Schedule of the Constitution

This schedule lists those subjects which can be transferred by law by the legislature of State to Panchayats –

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

Important statistics with respect to Panchayats in Chhattisgarh

1. 27 Zila Panchayat Presidents, 146 Janpad Presidents, 10976 Sarpanches, 1,55939 Panch, 2973 Janpad Panchayat members, 402 Zila Panchayat members. Thus there are a total of – 170358 elected posts. Total reservation of posts including that for SC/ST/OBC/Women is 2/3 of the total posts.
2. Reservation – ST – 19852, SC – 70058, OBC – 23583, Unreserved – 55885
3. Total villages – 19756
4. Status of women – Women Zila Panchayat Presidents – 15, Women Janpad Panchayat Presidents – 90, Women Sarpanch – 5822, Women Panch – 86008

Gram Sabha

Gram Sabha is the lowest and most important level of three tier Panchayati Raj system. This is made of all the voters of the village. There are following provisions about Gram Sabha in Chhattisgarh Panchayati Raj Act -

1. Meetings of the Gram Sabha –6 meeting in a year are compulsory. These meetings are held on 23rd January, 14th April, 20th August, 2nd October, and in the month of June and November on dates to be decided by the State Government. Meeting of gram Sabha must be held at least once in three months but a meeting must be called within 30 days on a written request of one third members of the Gram Sabha or on being so required by the Janpad or Zila Panchayat or Collector.
2. The date and place of the meeting shall be decided by the sarpanch and in his absence by the upsarpanch and in the absence of both by the sachiv.
3. Gram Sabha shall be organized in each village.
4. The annual meeting of the Gram Sabha shall be at the headquarters of the Panchayat.
5. Annual meeting shall be held at least 3 months before the beginning of the next financial year.
6. The manner of giving notice for the meeting – Notice for the meeting shall be given at least 7 days before the meeting.
7. The notice of giving any suggestion or raising an issue in the meeting shall be given in writing to the sachiv at least one week before the meeting. On a written objection by any person the meeting can be called by a prior notice of 3 days.
8. Agenda for the annual meeting -
   1. Annual accounts
   2. Administration report of the previous financial year
   3. Proposed development programme for the next financial year
   4. Interim audit and the replies given about it
   5. Annual budget of gram panchayat and annual financial plan for the next financial year
   6. Any other subject with the approval of the chairman
9. Chair of the meeting –
   1. Sarpanch and in his absence upsarpanch and in the absence of both by a member elected by a majority of the members present.
   2. In scheduled areas – A SC or ST member who is neither Sarpanch, Upsarpanch nor Panch and is elected by a majority of members present in the meeting.
10. Quorum –
    1. 1/10 of the total members of which one third must be women.
    2. For scheduled areas – 1/3 of the total members of which 1/3 should be women
    3. Is quorum is not complete the meeting is postponed to another date.
    4. There is no requirement of quorum for the meeting so postponed for the next date.
    5. No new agenda shall be considered in the postponed meeting.
    6. The responsibility for completing the quorum shall be on the sarpanch and panch.
    7. The sarpanch/panch shall be given a notice if there is no quorum continuously in 3 meetings and he will be given opportunity to complete the quorum in the next two meetings. Is quorum is still not completed than the sarpach/panch can be removed from their post.
    8. The removal of the sarpanch/panch shall be done only after giving them an opportunity of being heard
11. Decision by majority – All matters shall be decided by a jajority of members. In the event of quality of votes, the chair has a casting vote.

Panchayati Raj Institutions in Chhattisgarh

Section 8 – Constitution of Panchayats

1. Gram Panchayat for villages
2. Janpad Panchayat for Blocks
3. Zila Panchayat for districts

Section 9 – Duration of Panchayats

Every Gram Panchayat shall remain for 5 years from the date of its first meeting. The Election for constitution of a Panchayat –

1. Shall be completed before the end of its 5 years duration
2. On the dissolution of Panchayat in between, shall be held within 6 months of dissolution.
3. If the remaining duration of a Panchayat at the time of dissolution is less than 6 month, it shall not be necessary to hold elections for its remaining duration.
4. The duration of the panchayat constituted on the dissolution of any panchayat shall be only for the remaining duration of such dissolved Panchayat.

Section 12 – Division of Wards

1. Every Gram Panchayat shall be divided into wards as decided by the collector, but which shall not be less than 10.
2. Every ward shall have one member.
3. Where population is more than 1000 the number of wards shall not be more than 20 and as far as may be the population of each ward shall be equal.

Section 13 – Constitution of Gram Panchayat

1. Every gram panchayat shall be constituted by its elected members and Sarpanch.
2. If a panch or sarpanch is not elected for a ward or village, the election process shall be restarted within 6 months.
3. When the election of sarpanch is pending, panches shall elect an officiating sarpanch under section 20 from amongst themselves.
4. He shall be in office till the new sarpanch is elected.
5. If the panch or sarpanch is not elected once again the State Election Commission shall not begin the process of election till it is satisfied that there is a possibility of election of panch or sarpanch.

Section 15 – Contesting election from one ward

No person shall contest election from more than one ward.

Section 17 – Election of Sarpanch and Upsarpanch

There shall be a sarpanch and upsarpanch for each gramm panchayat.

Any person who is –

1. Qualified to be elected as panch.
2. Not a member of Parliament or Legislative Assembly.
3. Not a chairman or vice chairman of cooperative society.

can be elected as Sarpanch.

Reservation

1. Posts of Sarpanch shall be reserved for ST and SC in proportion to the population of ST and SC in the block.
2. Where the total population of ST and SC is less than half in a Block there 25% of total posts of sarpanch shall be reserved for other backward classes.
3. 50% of the posts of sarpanches in a block shall be reserved for women.
4. The reserved posts shall be allotted by the prescribed authority according to roster.
5. If the sarpanch of a gram panchayat is not from ST, SC or OBC then the upsarpanch shall be elected from ST, SC or OBC.
6. There shall be a post of upsharpanch in gram panchayat and vice president in Janpad and Zila Panchayat.
7. The election of panch, sarpanch and members of Janpad and Zila Panchayats shall be by direct election by voters.
8. Upsaranch and president of janpad and Zila Panchayat shall be elected indirectly from elected members.
9. If sarpanch or panch beocmes Member of Parliament or Legislative Assembly, he shall not continue to be sharpanch or panch.
10. Posts in Janpad Panchayat shall also be reserved for ST and SC in proportion to their population.

Disqualifications for Panchayat Member

1. On being convicted in Narcotics Act or on a duration of five years not having passed after serving sentence in cases of conviction under other laws.
2. Of unsound mind.
3. Bankrupt.
4. Hold and office of profit under the Panchayat or is in government service or has been dismissed from government service for corruption.
5. Holds an interest in a tender of Panchayat.
6. Is a foreign citizen.
7. Has been previously removed from office in Panchayat institutions.
8. Is disqualified for being a member of Legislative Assembly (Exception – The age for becoming an MLA is 25 years but the age for being elected to a Panchayat is 21 years)
9. Educational Qualification – Not even 5th class pass for panch and not even 8th class pass for higher posts. (This was added in 2016. Earlier the disqualification was illiteracy)
10. Whose residence does not have a pour flush toilet.
11. Is a defaulter of Panchayat.
12. Is an encroacher on Panchayat or government land.
13. Has been absent from meetings of Panchayat continuously for 3 times.
14. Is appointed as a legal professional against the Panchayat.
15. The disqualification relating to more than two children has been repealed in 2008.

The authority for removal from post on the basis of these disqualifications is of the collector in the case of gram panchayat and Janpad Panchayat and of the Director in the case of Zila Panchayats, However no order shall be passed in this respect without giving an opportunity of being heard to the concerned person.

Resignation by Panchayat Office bearer

1. Panch of a gram panchayat or member of a janpad Panchayat or Zila Panchayat may resign be giving information about this to the sarpanch or the president of the janpad or Zila Panchayat.
2. Sarpanch or upsarpanch and president or vice president of janpad or Zila panchayat may resign by informing the prescribed authority.
3. Prescribed authority for the up sarpanch and sarpanch is Sub Divisional Officer, for president and vice president of Janpad Panchayat, Collector and for president and vice president of Zila Panchayat, Director.

No confidence motion against sarpanch or up sarpanch

1. Motion of no confidence is passed when three fourth of the members present and voting and two thirds of the total members of a panchayat vote in favour of the motion. If the no confidence motion is passed, the sarpanch and upsarpanch shall be disqualified from continuing on the post.
2. No confidence motion shall not be brought within the first year of the tenure and the last 6 months of the tenure of sarpanch or upsarpanch.
3. The meeting called for considering no confidence motion shall not be chaired by the sarpanch or upsarpanch but by a person appointed for this purpose by the prescribed authority.

Election of Upsarpanch

1. The sachiv shall call a meeting for election of the upsarpanch within 15 days of the constitution of the Panchayat.
2. If the sarpanch is not of ST/SC/OBC the upsarpanch shall be elected from these.

Suspension of Panchayat representatives

1. If charges have been framed against a panchayat office bearer in a criminal case, the prescribed authority can suspend him.
2. Report shall be sent to the State Government wihtin 10 days of suspension.
3. If the suspension is not confirmed by the State Government within 90 days the suspension shall stand revoked automatically.
4. In the event of suspension of a office bearer the concerned executive officer shall call a meeting of the members for election of a officiating office bearer.

Removal of Panchayat Representatives

State Government of prescribed authority after such inquiry as they deem fit can remove a panchayat office bearer on –

1. Working contrary to National Interest
2. Discriminating on the basis of religion, caste, language, creed, or class
3. doing something having adverse effect on the honor of women

Prescribed authority may issue the order after giving an opportunity of being heard and if such an order is issued the concerned person shall also be disqualified from contesting election for the next 6 years.

Recall of Panchayat representatives

1. Secret ballot shall be held by the prescribed authority on written notice being given by one third members of the gram sabha for recall of a representative.
2. If the motion to recall is passed by more than half of the members of a gram sabha then the election of the sarpanch shall end and the post of sarpanch of that gram panchayat shall become vacant.
3. This process cannot be started before the end of 2 ½ years of election of the representative.
4. Panch can also be recalled by a similar process.

Janpad Panchayat

1. There shall be one Janpad Panchayat member for a population of 5000.
2. Janpad Panchayat shall have a minimum of 10 and a maximum of 25 members.
3. Other non elected members of Janpad Panchayats – Concerned MLA or his representative and 1/5 sarpanches of the block.

Zila Panchayat

1. State Government shall constitute a Zila Panchayat with a minimum of 10 and a maximum of 35 constituencies.
2. As far as may be the population of each constituency shall be kept at 50000.
3. MLA except urban MLAs or their representatives and MPs or their representatives may attend meetings of Zila Panchayat.

Standing Committees of Gram Panchayats

1. Gram Panchayat shall have 5 standing Committees – General administration committee, Education, Health and Social Welfare Committee, Agriculture animal husbandry and fisheries Committee, Construction and Development Committee and Revenue and Forest Committee.
2. Elected panch of the gram panchayat are members of standing committees.
3. Members of the standing committees are elected in special meeting of the gram panchayat.
4. Each standing committee has 4 members
5. No panch can be a member of more than 2 standing committees.
6. The tenure of the standing committee is of 5 years.
7. The sarpanch is the ex-officio chairman of general administration committee.
8. Upsrapanch is the ex-officio chairman of Education, Health and Social Welfare Committee.
9. The chairmen of the remaining 3 committees are electedd by their members
10. The sachiv of gram panchayat is the secretary of these committees.

Standing Committees of Janpad ans Zila Panchayats

1. General Administration Committee
2. Agriculture Committee
3. Education Committee
4. Communication and Works Committee
5. Cooperatives and industries Committee

Duties of Panchayats

Sanitation, renovation of wells and tanks, water supply, creation and maintenance of rural infrastructure, street light, toilets, unclaimed animals, kanji house, public markets, immunization, social security and welfare, youth welfare, family welfare, fire brigade, tree plantation, ban on dowry, ban on untouchability, PDS, making plans for socioeconomic development, selection of beneficiaries, implementation of government schemes, establishment of colonies, general awareness etc.

Taxes which can be imposed by Panchayats

1. Gram Panchayat – Property tax, sanitation tax, light tax, commerce tax, Bazar tax, fee for registration of animals.
2. Janpad Panchayat – Theatres, shows, and tax on public entertainment.
3. Zila Panchayat – No tax.

Panchayat Extension to Scheduled Areas Act (PESA)

1. Provisions of self Government made keeping in view the traditions and rights of scheduled tribes.
2. It is not mentioned in the 73rd Constitution amendment therefore this Act has been made.
3. Out of 27 districts 13 fully and 6 partially have are in scheduled areas. (85 Blocks)
4. Out of 146 Janpad Panchayats 85 fully and 16 partially are in scheduled areas.
5. 5055 out of 10976 gram panchayats are in scheduled areas.
6. Special Provisions of PESA –
   1. Powers are given to the Panchayats keeping in view the traditions of the Scheduled Tribes for management of natural resources and solution of disputes.
   2. The chair of the meeting of the gram sabha can only be a person who is not sarpanch or upsarpanch or panch of the panchayat and is elected to chair the meeting be majority of the members present in the meeting.
   3. As per the recommendation of the State Finance Commission the State shall allot Rs 2 lakh to each panchayat in scheduled areas from its own sources.
   4. Consultation of gram sabha is necessary before starting a new Project in scheduled areas.
   5. All posts of sarpanch, janpad and Zila Panchayat presidents reserved for ST.
   6. The power to impose prohibition and the ownership of minor forest produce is of the Panchayat.

Evaluation

1. Achievements –
   1. Increase in community participation and awareness
   2. Empowerment of SC/St/OBC/Women
   3. Development of infrastructure
   4. Increase in self-employment
   5. Successful implementation of schemes of poverty alleviation
   6. Improvement in public awareness
   7. Development of local capacity
2. Shorcomings –
   1. Disadvantages of party politics
   2. Non-participation of all people of the village
   3. Lack of specialist consultants
   4. Lack of experience
   5. Political and bureaucratic interference