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LOCAL BODIES
42.1 Local bodies are institutions of the local self governance, which look
after the administration of an area or small community such as villages,
towns, or cities. The Local bodies in India are broadly classified into two
categories. The local bodies constituted for local planning, development
and administration in the rural areas are referred as Rural Local Bodies
(Panchayats) and the local bodies, which are constituted for local
planning, development and administration in the urban areas are referred
as Urban Local Bodies (Municipalities).
42.3 The many roles that the local government is expected to play today
include:
42.6 The Ministry of Panchayati Raj was set up primarily to oversee the
implementation of Part IX of the Constitution, inserted by the Constitution
(73r Amendment) Act, 1992, the Panchayats Extension to the Scheduled
Areas Act, 1996 (PESA), and Article 243ZD of Part IX-A relating to District
Planning Committees. Although the Panchayats have historically been an
integral part of rural life in India, these Acts have institutionalised the
Panchayati Raj Institutions (PRIs) at the village, intermediate, and district
levels as the third tier of government. The aim has been to combine social
justice with effective local governance, with an emphasis on reservation
of seats for the deprived classes of population, including of the leadership
positions.
42.7 Article 234G read with the Eleventh Schedule of the Constitution
stipulates that States may, by law, endow the Panchayats with such
powers and authority as may be required to enable the latter to function
as institutions of self-government. Such laws may also provide for the
devolution of powers and responsibilities upon Panchayats for preparation
of plans for economic development and social justice and implementation
of the schemes as may be entrusted to them. The main features of the
Constitution (73r Amendment) Act, 1992 are as under:
300000
240542
250000 227590
200000
150000
100000
50000
5906 6332 474 593
0
Village Panchayats Intermediate Panchayats District Panchayats
2001 2014
2000000
1500000
1000000
500000
147701 163823
15389 15550
0
Village Panchayats Intermediate Panchayats District Panchayats
2001 2014
42.13 As per Devolution Index Report 2013-14, IIPA, as on 1st April 2014
there were 29.5 lakh representatives in Pachayats . The seats reserved
(in %) for women, SC and ST representatives at all India level was 43, 15
and 19.28 % respectively and the actual representation by the
representatives of three category was 13.6 lakh, 5.5 lakh and 3.5 lakh
respectively.
42.14 Duration of Panchayats : 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.
42.16 Powers to impose taxes by, and Funds of, the Panchayats:
Article 243H of the Constitution states that the legislature of a State may,
by law-
• authorise a Panchayat to levy, collect and appropriate such taxes,
duties, tolls and fees in accordance with such procedure and subject to
such limits;
• 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;
• provide for making such grants-in-aid to the Panchayats from the
Consolidated Fund of the State; and
• 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.
42.30 Reservation of seats: Article 243T makes the provisions for the
reservation of seats. Seats are reserved for the Scheduled Castes and the
Scheduled Tribes in every Municipally 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 Municipality as the
population of the Scheduled Castes in the Municipal area or of the
Scheduled Tribes in the Municipal area bears to the total population of
that area and such seats may be allotted by rotation to different
constituencies in a Municipality. Not less than one-third of the total
number of seats reserved Scheduled Caste are reserved for women
belonging to the Scheduled Castes or, as the case may be, the Scheduled
Tribes. 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
Municipality are reserved for women and such seats may be allotted by
rotation to different constituencies in a Municipality. The office of
Chairpersons in the Municipalities 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.
42.31 Duration of Municipalities: As per Article 243U of the
Constitution, every Municipality, 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 provided that a Municipality
shall be given a reasonable opportunity of being heard before its
dissolution.
(b) the Committees with such powers and authority as may be necessary
to enable them to carry out the responsibilities conferred upon them
including those in relation to the matters listed in the Twelfth Schedule.
42.33 Power to impose taxes by, and Funds of, the Municipalities:
Article 243X of the Constitution states the power to impose taxes by, and
Funds of, the Municipalities. The Legislature of a State may, by law:
• authorise a Municipality to levy, collect and appropriate such taxes,
duties, tolls and fees in accordance with such procedure and subject to
such limits;
• assign to a Municipality such taxes, duties, tolls and fees levied and
collected by the State Government for such purposes and subject to
such conditions and limits;
• provide for making such grants-in-aid to the Municipalities from the
Consolidated Fund of the State; and
• provide for constitution of such Funds for crediting all moneys received,
respectively, by or on behalf of the Municipalities and also for the
withdrawal of such moneys there from.