Saturday, 13 May 2017

Positit panchanayati

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  in-
termediate level may not be constituted in a State having a population
not exceeding twenty lakhs

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.

Election  Commissioner  shall be such as the Governor may by rule  de-
termine:

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 Elec-
tion  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 con-
ferred on the State Election Commission by clause (1

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:

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 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 therefrom,

as may be specified in the law.

)  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.

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.

  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.

The  Legislature  of  a State may, by law, provide  for  the  re-
presentation-

(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 Pancayats 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, in Panchayat 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.

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