THE CONSTITUTION (SEVENTY-THIRD AMENDMENT)
(20TH
April, 1993)
An Act further to amend the
Constitution of India.
BE it enacted by Parliament in the Forty-third Year of the Republic
of India as follows:--
1. (1) This Act may be called
the Constitution (Seventy-third Amendment) Act, 1992.
(2)
It shall come into force on such date as
the Central Government may, by notification in the Official Gazette, appoint.
2. After Part VIII of the
Constitution, the following Part shall be inserted, namely:-
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243. In this Part, unless the context otherwise requires,--
(a) “district” means a district in a State;
(b)
“Gram Sabha” means a body consisting
of persons
registered in
the electoral rolls relating to a village comprised within the area of
Panchayat at the village level;
(c)
“intermediate level” means a level
between the village and
district levels
specified by the Governor of a State by public notification to be the
intermediate level for the purposes of this Part;
(d)
“Panchayat” means an institution (by
whatever name
called) of self
government constituted under articles 243B, for the rural areas )
(e) “Panchayat area” means the
territorial area of a Panchayat;
(f)
“population” means the population as ascertained at the last preceding
census of which the relevant figures have been published;
(g)
“village” means a village specified by the Governor by public
notification to be a village for the purposes of this Part and includes a group
of villages so specified.
243A. A Gram Sabha may exercise such powers and perform such
functions at the village level as the Legislature of a State may by law,
provide.
243B. (1) There shall be constituted in every State, Panchayats at the
village, intermediate and district levels in accordance with the provisions of
this Part.
(2) Notwithstanding anything in clause (1),
Panchayats at the intermediate level may not be constituted in a state having a
population not exceeding twenty lakhs.
243C. (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 election shall, so far as
practicable, be the same throughout the State.
(2)
All the seats in a Panchayat shall be filled by persons chosen by direct
election from territorial constituencies in the Panchayat area and; for this purpose,
each Panchayat area shall be divided into territorial constituencies in such
manner that the ratio between the population of each constituency and the
number of seats allotted to it shall, so far as practicable, be the same
throughout the Panchayat area.
(3)
The Legislature of a State may, by
law, provide for the representation—
(a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the 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, TOP
in Panchayat at the intermediate 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 Panchayat.
(5) The Chairperson of –
(a) a Panchayat at the village level shall be
elected in such manner as the
Legislature of a State may, by law, provide; and
(b) a Panchayat at the intermediate level or district level
shall be elected by, and from amongst, the elected members thereof.
243D. (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 that
Panchayat as the population of the Scheduled Castes in that Panchayat area or
of the Scheduled Tribes in that Panchayat area bears to the total population of
that area and such seats may be allotted by rotation to different
constituencies in a Panchayat.
(2) Not
less than one-third of the total number of seats reserved under clause (1) shall
be reserved for women belonging to the Scheduled Castes or, as the case may be,
the Scheduled Tribes.
(3) Not
less than one-third (including the number of seats reserved for women belonging
to the Scheduled Castes and the Scheduled Tribes) of the total number of seats
to be filled by direct election in every Panchayat shall be reserved for women
and such seats may be allotted by rotation to different constituencies in a
Panchayat.
(4) The
offices of the Chairpersons in the Panchayats at the village or any other level
shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in
such manner as the Legislature of a State may, by law, provide:
Provided that the number of offices of
Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the
Panchayats at each level in any State shall bear, as nearly as may be, the same
proportion to the total number of such offices in the Panchayats at each level
as the population of the Scheduled Castes in the State or of the Scheduled
Tribes in the State bears to the total population of the State:
Provided further that not less than
one-third of the total number of offices of Chairpersons in the Panchayats at
each level shall be reserved for women:
Provided also that the number of offices
reserved under this clause shall be allotted by rotation to different
Panchayats at each level.
(5) The
reservation of seats under clauses (1) and (2) and the reservation of officer
of Chairperson (other than the reservation for women) under clause (4) shall
cease to have effect on the expiration of the period specified in article 334.
(6) Nothing
in this Part shall prevent the Legislature of a State from making any provision
for reservation of seats in any Panchayat or offices of Chairpersons in the
Panchayats at any level in favour of backward class of citizens.
243E. (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); GO TOP
(b) before the expiration of a period of six
;months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat for such period.
(4) A
Panchayat constituted upon the dissolution of a Panchayat before the expiration
of its duration shall continue only for the remainder of the period for which
the dissolved Panchayat would have continued under clause (1) had it not been so
dissolved.
243F. (1) A person shall be disqualified for being
chosen as, and for being, a member of a Panchayat—
(a) if
he is so disqualified by or under any law for the time being in force for the
purposes of elections to the Legislature of the State concerned:
Provided that no person shall be
disqualified on the ground that he is less than twenty-five years of age, if he
has attained the age of twenty-one years;
(b) if
he is so disqualified by or under any law made by the Legislature of the State.
(2) If
any question arises as to whether a member of a Panchayat has become subject to
any of the disqualifications mentioned in clause (1), the question shall be
referred for the decision of such authority and in such manner as the
Legislature of a State may, by law, provide.
243G. Subject to the provisions of this
Constitution, the Legislature of a State may; by law, endow the Panchayats with
such powers and authority as may be necessary to enable them to function as
institutions of self-government and such law may contain provisions for the
devolution of powers and responsibilities upon Panchayats at the appropriate
level, subject to such conditions as may be specified therein, with respect to—
(a) the
preparation of plans for economic development and social justice; GO TOP
(b) the
implementation of schemes for economic development and social justice as may be
entrusted to them including those in relation to the matters listed in the
Eleventh Schedule.
243H. The Legislature of
a State may, by law, --
(a) authorise a Panchayat to levy, collect and appropriate such
taxes, duties, tolls and fees in accordance with such procedure and subject to
such limits;
(b) assign
to a Panchayat such taxes, duties tolls and fees levied and collected by the
State Government for such purposes and subject to such conditions and limits;
(C) provide
for making such grants-in-aid to the Panchayats from the Consolidated Fund of
the State; and
(d) Provide
for constitution of such Funds for crediting all moneys received, respectively,
by or on behalf of the Panchayats and also for the withdrawal of such moneys
there from,
as may be
specified in the law.
243 I. (1)
the Governor of a State shall, as soon as may be within one year from
the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and
thereafter at the expiration of every fifth year, constitute a Finance
Commission to review the financial position of the Panchayats and to make
recommendations to the Governor as to—
(a) the principles which
should govern—
(i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
(ii) the
determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the
Panchayats;
(iii) the
grants-in-aid to the Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.
(2) The
Legislature of a State may, by law, provide for the composition, the
qualifications which shall be requisite for appointment as members thereof and
the manner in which they shall be selected.
(3) The
Commission shall determine their procedure and shall have such powers in the
performance of their functions as the Legislature of the State may, by law, confer
on them.
(4) The
Governor shall cause every recommendation made by the Commission under this
article together with a explanatory memorandum as to the action taken thereon
to be laid before the Legislature of the State.
243J. 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.
243 K. (1) The superintendence, direction and control of
the preparation of electoral rolls for, and the conduct of all elections to the
Panchayats shall be vested in a State Election Commission consisting of a State
Election Commissioner to be appointed by the Governor .
(2) Subject
to the provisions of any law made by the Legislature of a State, the conditions
of service and tenure of office of the State Election Commissioner shall be
such as the Governor may by rule determine:
Provided that the State Election
Commissioner shall not be removed from his office except in like manner and on
the like grounds as a Judge of a High Court and the conditions of service of
the State Election Commissioner shall not be varied to his disadvantage after
his appointment.
(3) The Governor of a State shall, when so
requested by the State Election Commission, make available to the State
Election Commission such staff as may be necessary for the discharge of the
functions conferred on the State Election Commission by clause (1).
(4) Subject
to the provisions of this Constitution, the Legislature of a State may, by Law,
make provision with respect to all matters relating to, or in connection with,
elections to the Panchayats.
243L. The provisions of this Part shall apply to the Union territories
and shall, in their application to a Union Territory, have effect as if the
references to the Governor of a State were references to the Administrator of
the Union Territory appointed under article 239 and references to the
Legislature or the Legislative Assembly of a State were references, in relation
to a Union Territory having a Legislative Assembly, to that Legislative
Assembly:
Provided that the President may, by
public notification, direct that the provisions of this Part shall apply to any
Union territory or part thereof subject to such exceptions and modifications as
he may specify in the notification.
243M (1) Nothing in this Part shall apply to the
Scheduled Areas referred to in clause (1), and the tribal areas referred to in
clause (2), of article 244.
(2) Nothing in this Part shall
apply to -- GO TOP
(a)
the States of Nagaland, Meghalaya and
Mizoram;
(b)
the hill areas in the State of Manipur
for which District Councils 3exist under any law for the time being in force.
(3) Nothing in this Part—
(a)
relating to Panchayats at the district
level shall
apply to the hill areas of the District of Darjeeling in the State
of West Bengal for which Darjeeling Gorkha Hill Council exists under any law
for the time being in force;
(b)
shall be construed to affect the
functions and
powers of the Darjeeling Gorkha Hill Council
constituted under such law.
(2)
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 and amendment of this
Constitution for the purposes of article 368.
243N. Notwithstanding anything in this Part, any provision of any law
relating to Panchayats in force in a State immediately before the commencement of the Constitution (Seventy-third
Amendment) Act, 1992, which is inconsistent with the provisions of this Part,
shall continue to be in force until amended or repealed by a competent
Legislature or other competent authority or until the expiration of one year
from such commencement, whichever is earlier:
Provided that all the Panchayats
existing immediately before such commencement shall continue till the
expiration of their duration, unless sooner dissolved by a resolution passed to
that effect by the Legislative Assembly of that State or, in the case of a
State having a Legislative Council, by each House of the Legislature of that
State.
243 O. Notwithstanding
anything in this Constitution,--
(a) the validity of any law
relating to the delimitation of
constituencies or the allotment of seats to such constituencies made or
purporting to be made under article 243K, shall not be called in question in
any court;
(b) no election to any
Panchayat shall be called in question except by an election petition presented
to such authority and in such manner as is provided for by or under any law
made by the Legislature of a State.
3. In clause (3)
of article 280 of the Constitution, after sub-clause (b), the following
sub-clause shall be inserted, namely:-
“(bb) the measures needed to augment the
Consolidated Fund of a State supplement the resources of the Panchayats in the
State on the basis of the recommendations made by the Finance Commission of the
State;”.
(4) After the Tenth
Schedule to the Constitution, the following Schedule shall be added, namely:-
(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 communications.
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 hospital,
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.”.
K.L. MOHANPURIA,
Secy.
to the Govt. of India