PLANNING

PLANNING
LEGISLATION
LEGISLATION 11 Programme Core Course (PCC)
Programme Core Course (PCC)

T.Y B. PLAN
T.Y B. PLAN
Semester: V
Semester: V
Teaching Scheme: Lectures: 3 hrs/week
Teaching Scheme: Lectures: 3 hrs/week
Examination Scheme:
Examination Scheme:
MSE- 30 Marks,
MSE- 30 Marks,
TA- 10 Marks
TA- 20 Marks
End-Sem Exam- 60 Marks
End-Sem Exam- 50 Marks

PREPARED AND PRESENTED BY – AISHWARYA A. TUPE

PREPARED AND PRESENTED BY – AISHWARYA A. TUPE
73rd and 74th Constitution
Amendment Acts;
Form of Governance system in India
(framework of Local Government)

Urban Rural

Highest tier

Intermediate
level

First and
foundational tier
 Form of Governance system in India
(framework of Local Government)

Source-
https://www.tutorialspoint.com/indian_polity/indian_polity_local_government.htm
 73rd Amendment Act

• This act has added new part IX to the Constitution of India

• This act gives constitutional status to Panchayati Raj Institutions.
• It brought state governments under constitutional obligation to adopt
new Panchayati Raj system
• It is a revolutionary concept to build democracy at the grassroots level
in the country.
• It transfers the representative democracy into participatory democracy.
Significance of 73rd Constitutional Amendment Act
• The 73rd Amendment Act was enacted in 1992 with the aim
of empowering rural communities and promoting democratic
decentralization.
• The significance of this act lies in its ability to empower rural
communities and provide them with a platform to participate
in the governance of their local communities.

The following are some of the significant aspects of the 73rd

Amendment of the Indian Constitution:
•Decentralization of Power: The 73rd Amendment aimed to
decentralize power by creating a three-tier Panchayati Raj
system in all rural areas of India. The objective was to shift
power from the central and state governments to the local self-
government bodies at the village level.
 Significance of 73rd Constitutional Amendment Act
•Empowerment of Rural Communities: The Panchayats were
given more power and authority to undertake various
development works in their respective areas. The objective was to
take up development works that are relevant to their needs.
•Accountability and Transparency: The Panchayats were made
accountable to the people by making provisions for their regular
meetings, open meetings, and public disclosure of their accounts.
•Grassroots Planning and Development: The 73rd Amendment
Act aimed to promote grassroots planning and development by
making the Panchayats responsible for preparing and
implementing plans for economic development and social justice.
•Strengthening Democracy: The 73rd Amendment Act aimed to
strengthen the democratic structure in India by promoting
grassroots democracy and enabling people to participate in the
governance of their local communities.
 Salient Features
a) Gram Sabha
• The act provides as the foundation of Panchayati Raj System
Direct Election for a Gram Panchayat
b) Three tier system
1. Uniformity in the structure of Panchayati Raj throughout the
country
2. Panchayat at village, Intermediate & District level
3. States/UTs having less than 20 lakh may not constitute
Panchayats at the intermediate level.
• Elections of members & chairpersons - All the members of
Panchayats at village, intermediate & district level shall be
elected directly by the people.
• Chairperson of Panchayats at the intermediate & district level
shall be elected indirectly by & from elected members
thereof.
 Salient Features
c) Reservation in Panchayats
• One third seats for SCs & STs are reserved.
• One third seats are reserved for women
The seats are to be reserved for SCs and STs in proportion to their
population at each level.
There has been an amendment bill pending that seeks to increase reservation
for women to 50%. The reserved seats may be allotted by rotation to
different constituencies in the Panchayat.
The State by law may also provide for reservations for the offices of the
Chairpersons.
d) Powers and Functions: The Panchayats are empowered to
undertake various development works in their respective areas,
such as sanitation, water supply, and street lighting.
e) State Finance Commissions: The 73rd Amendment also
provides for establishing State Finance Commissions to
recommend the distribution of finances between the state
governments and the Panchayats.
 Salient Features

• The act provides for 5 years term of office to the

Panchayats at every level. It can be dissolved before
competition of its term in case of dissolution, elections
should be conducted before six months expiry.
• Elections are conducted by state election commission.
• The state legislature may authorize a Panchayat to levy,
collect taxes and duties.
• The President may direct that the provision of this act shall
apply to any UT.
• Exempted states- Act does not apply to J&K, Nagaland,
Meghalaya & Mizoram & certain other areas. (as per
Constitution of India, as on 1st April 2019)
 1. Gram Panchayat

• The ‘Gram Sabha’ is the center

of self governance at the
village level. It ensures direct
and participative democracy. Gram Sabha

• And ‘Gram Panchayat’ is the

‘Executive body’ of the Gram
Sabha.

Gram Panchayat

Source-
1. https://boldnewsonline.com/gram-sabha-to-be-held-in-all-panchayat-halqas-of-jammu-district-on-26th-sept/
2. https://www.geeksforgeeks.org/gram-panchayats/
Gram Panchayat: Composition, Election, Term

Election- The members of Gram Panchayat are elected by

Gram Sabha.
Composition-
1. Sarpanch/ Pradhan (President) &
2. Vice President of Gram Sabha
3. They are assisted by 5-13 members of Gram Sabha

Term- 5years. In case of dissolution, elections will be held

within 6 months.
 Gram Panchayat: Qualification and
Reservation

Only those persons can become members of Gram

Panchayat who is:
1. 21 years of age
2. Registered voter of the constituency
3. Mentally sound
4. He should not be a criminal/ convict
5. He should not hold any office of profit under Govt. of
India

Reservation-Seats will be reserved for SC/ST and

women.
 Functions of Gram Panchayat
• Gram Panchayat is primary level of Panchayati Raj system.
• The civic functions relating to sanitation, cleaning of public
roads, minor irrigation, public toilets and lavatories,
primary health care, vaccination, the supply of drinking
water, constructing public wells, rural electrification,
social health and primary and adult education, etc. are
obligatory functions of village panchayats.
• The optional functions depend on the resources of the
panchayats. They may or may not perform such functions as
tree plantation on roadsides, setting up of breeding centers for
cattle, organizing child and maternity welfare, promotion of
agriculture, etc.
 Functions of Gram Panchayat
• After the 73rd Amendment, the scope of functions of
Gram Panchayat was widened. Such important functions
like preparation of annual development plan of
panchayat area, annual budget, relief in natural
calamities, removal of encroachment on public lands
and implementation and monitoring of poverty
alleviation programmes are now expected to be
performed by panchayats.
• Selection of beneficiaries through Gram Sabhas, public
distribution system, non-conventional energy source,
improved Chullahs, biogas plants have also been given to
Gram Panchayats in some states.
 2. Panchayat Samiti

The ‘Panchayat Samiti’ is an intermediate body which

coordinates the activities of all Village Panchayats in
each block.
• UP-Kshetra Samiti
• MP-Janpada Panchayat
• Gujarat- Taluka Panchayat
 Panchayat Samiti: Composition, Election,
Term

The Chief Administrative Officer of Panchayat Samiti is

known as Block Developmental Officer (BDO).

Chairperson of Samiti is elected among its own members.

Composition
1. Sarpanch(President) of the Panchayats within the block
2. BDOs, MPs, MLAs & MLCs of that area.

Term- 5years. In case of dissolution, elections will be held

within 6 months.
 Panchayat Samiti: Reservations Reservation

1. Seats will be reserved form SC/ST

2. This is in proportion to their population.
3. 1/3rd seats reserved for women. In some states its 50%.
 Functions of Panchayat Samiti
• Panchayat Samiti is intermediate level of Panchayati Raj
system.
• Panchayat Samitis are at the hub of developmental
activities.
• They are headed by Block Development Officers (B.D.Os).
• Some functions are entrusted to them like agriculture, land
improvement, watershed development, social and farm
forestry, technical and vocational education, etc.
• The second type of functions relates to the implementation
of some specific plans, schemes or programs to which
funds are earmarked. It means that a Panchayat Samiti has
to spend money only on that specific project. The choice of
location or beneficiaries is, however, available to the
Panchayat Samiti.
 Functions of Panchayat Samiti

Functions of
Panchayat Samiti

Delegated
Civic Facilities
Supervisory Functions
and Welfare
Functions (Linking ZP to
functions
Gram Panchayat)
 3. Zila Parishad

Zila Parishad (at district level)

The ‘Zila Parishad’ is an apex body under Panchayati Raj.
It coordinates various activities of the various Panchayat
Samiti.

● Satara Zilla Parishad

● Buldhana Zilla Parishad (Under Amravati)
Zila Parishad: Composition, Election, Term

Chairperson of Samiti is elected among its own members.

Composition-
1. Pradhans/ Chairmen of the Panchayat Samiti within the
district
2. BDOs, MPs, MLAs & MLCs of the district

Term- 5years. In case of dissolution, elections will be held

within 6 months.
 Zila Parishad : Reservations

Reservation
1. Seats will be reserved form SC/ST
2. This is in proportion to their population.
3. 1/3rdseats reserved for women. In some states its 50%.
 Functions of Zila Parishad
• Zilla Parishad is final level of Panchayati Raj system.
• Zila Parishad links Panchayat Samitis within the district.
• It coordinates their activities and supervises their
functioning.
• It prepares district plans and integrates Samiti plans into
district plans for submission to the State Government.
• Zila Parishad looks after development works in the
entire district.
• It undertakes schemes to improve agricultural
production, exploit ground water resources, extend rural
electrification and distribution and initiate employment
generating activities, construct roads and other public
works.
 Functions of Zila Parishad

• It also performs welfare functions like relief during natural

calamities and scarcity, the establishment of orphanages
and poor homes, night shelters, the welfare of women and
children, etc.
• In addition, Zila Parishads perform functions entrusted to
them under the Central and State Government sponsored
programmes. For example, MGNREGA (Mahatma Gandhi
National Gramin Rozgar Guarantee Act )
 Functions of Zila Parishad

Functions of
Zila Parishad

Civic Facilities
Supervisory Delegated
and Welfare
Functions Functions
functions
 Composition and Functions of Panchayati
Raj Institution
Gram Panchayat Panchayat ZilaParishad
(village level) Samiti(Block (District level)
level)
President Sarpanch Chairperson Chairperson
Composition 1. Sarpanch/ 1. Sarpanchs of 1. BDOs
Pradhan Gram &Chairmen
(President) Panchayats of Panchayat
2. Vice-president 2. BDO of that Samitis.
3. Other 5-13 block 2. MPs and
members of 3. MLAs and MLAs of
Gram Sabha MPs of that that area
area 3. Heads of
Govt Dept.
 Composition and Functions of Panchayati
Raj Institution
Gram Panchayat Panchayat ZilaParishad
(village level) Samiti(Block level) (District level)
Civic and welfare Civic ,welfare, delegated and supervisory
functions functions
Functions 1. Provision of 1. Coordination of 1. Coordination of
welfare and Gram Panchayats Panchayat
civic under it Samitis under it
amenities 2. Looking after 2. Looking after
2. Looking after sanitation, sanitation,
sanitation, streetlights, water streetlights,
streetlights, supply, roads water supply,
water supply, 3. Management of roads
roads Primary and 3. Management of
3. Primary Secondary Primary and
education education Secondary
education
 Composition and Functions of Panchayati Raj
Institution
Gram Panchayat Panchayat Zila Parishad
(village level) Samiti(Block (District level)
level)
Civic and welfare Civic ,welfare, delegated and
functions supervisory functions
Functions 1. Setup Primary 1. Setup hospitals 1. Setup
health care centres and hospitals and
2. Ensures that dispensaries dispensaries
Constitution 2. Act as a link 2. Act as a link
makers’ dream of between Gram between
Gram Swaraj is Panchayat and Gram
realised. ZP Panchayat,
Panchayat
Samiti and
Govt
 CONTENTS OF 73rd AMENDMENT:
243A. Gram Sabha

ARTICLE 243 - the Indian Constitution was amended by the Constitution

Act 1956, which brought in the definitions of Panchayats and Municipalities
within the ambit of the Constitution.
Article 243 B- Constitution of Panchayats
Article 243 C- Composition of Panchayats
Article 243 D - Reservation of seats
Article 243 F - Disqualifications for membership
Article 243 G- Powers, authority and responsibilities of Panchayats
Article 243 J - Audit of accounts of Panchayats
Article 243 K- Elections to the Panchayats
Article 243 L- Application to Union territories
 Functional Domain-11th Schedule
The state legislations to assign 29 functions to ULBs as per 11th schedule
related to planning, infrastructure, public health, solid waste, fire service,
environment, poverty alleviation, amenities, culture, education, aesthetic
etc. The details are narrated below:

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.
 Functional Domain-11th Schedule
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.
 Functional Domain-11th Schedule
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.".
 References
• https://www.india.gov.in/my-government/constitution-india/amendments/constitution-
india-seventy-third-amendment-act-1992
• https://secforuts.org/73amendment
• https://rdd.maharashtra.gov.in/en/zilla-parishad
• https://sfcassam.nic.in/report/sasfc-Chapter-III-Rural-Local-Bodies.pdf
• https://mahasec.maharashtra.gov.in/Upload/PDF/3%20%20Two%20Days%20%20Nat
ional%20Conference%20%202%20and%203%20November%202017%20.pdf
TO BE CONTINUED IN NEXT CLASS……..

THANK-YOU!!!!