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Following its Constitution as a separate State, Jharkhand has enacted its Panchayati Raj Act.
This has been done in accordance with the provisions of the 73rd Amendment to the Constitution
and that of the Panchayat Extension to the Scheduled Areas) Act, 1996 are applicable to this
State. The State accordingly brought about changes in its Act and announced Elections.
However, the Honble High Court was pleased to strike down the provisions relating to the
reservation of seats of the head of the Panchayat for the members of the ST Communities. The
matter has been taken to the Honble Supreme Court by the Government of India in a SLP. A
number of other parties have also moved the Honble Supreme Court. The matter is likely to be
taken up after summer vacations. However, the State Government needs to adopt a must pro-
active role in the matter.
Part I: Basic Statistics covering number of Panchayats at each level, number of elected
member categories wise
Total number of Gram Panchayat in the state- 4118
Total number of Panchayat Samiti in the state- 212
Total number of Zilla Parishads in the state-22
Since elected Panchayats have not been constituted Activity Mapping has not been initiated
and these issues of devolution of Functionaries and Finances do not arise.
DRDAs have not been merged with ZP. Deputy Commissioner is the Chairperson of DRDA.
DRDA handles implementation of most rural development schemes. On an average the DRDA
budget per district is approximately over Rs. 10 crores.
The State does not have a district sector/ Panchayat window in its budget. However, it is
reported that there is a strong system of traditional Panchayats functioning in other areas in the
form of Manki-Munda and the Pasha systems. Last year, the State Government decided to allot
Rs.50,000/- each to the traditional panchayats. These funds yet to reach the Panchayats.
In the absence of elected Panchayats, the issue of sending of untied funds to Panchayats does
not arise. SFC or Central Finance Commission Grants are nto being given to Panchayats.
Only one SFC has been appointed till so far. It is headed by a serving officer of the State
government. The SFC has not yet submitted the report as yet.
Not applicable since no Panchayat bodies exist and no recommendation from SFC.
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Dimension 4: Gram Sabhas
Power and functions of Gram Sabha and its annual meeting under section 10 of Jharkhand
Panchayati Raj Act (JPRA 2001) are as follows-
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xxii) Regulating and controlling recreations, games-shows, sops, eating houses and
vendors of beverage, sweets, milk and similar other articles;
xxiii) Regulating construction of houses, cess-pits urinals, drains and flush latrines;
xxiv) Management of public land and management, extension and development of village
site;
xxv) Disposal of corpuses, carcasses (including those unclaimed) and other obnoxious
articles in such a way that the same may not be injurious to health;
xxvi) Providing places separately for dumping rubbish;
xxvii) Responsibility for sale and Test of meat;
xxviii) Taking care of the Gram Sabha-properties;
xxix) Establishment and management of pounds and maintenance of records regarding
cattle;
xxx) Taking care of ancient and historical monuments excepting those which have been
declared to be of national importance and maintaining grazing ground and other
lands lying within control of the Gram Sabha;
xxxi) Maintaining records of births, deaths and marriages;
xxxii) Assisting in census or other surveys done by centre, state or other organisation
constituted lawfully;
xxxiii) Giving assistance in control of contagious disease, vaccination etc. work;
xxxiv) Helping the disables and restitutes (including women and children);
xxxv) Expansion of youth welfare, family welfare and sports;
xxxvi) Afforestation and conservation of village forestry;
xxxvii) Abolition of dowry like social evils;
xxxviii) Implementation of orders of the State Government or other competent officers to
improve the condition of scheduled castes, scheduled tribes, backward classes
and to prevent untouchability;
xxxix) Preparing schemes for basic amenities and making arrangements therefore;
xl) Helping disabled women/children;
xli) Execution of work assigned of construction work as per specified schemes within
the Gram Sabha area;
xlii) Exercise and discharge of powers and functions assigned by the State
Government under this Act or any other law in force in the State for the time being.
b) For discharging these functions and duties the Gram Sabha may constitute the following
standing committees, namely:-
(i) Village Development Committees.
(ii) Government estate committee,
(iii) Agriculture committee,
(iv) Health Committee,
(v) Village Defence Committee,
(vi) Infrastructure committee,
(vii) Education committee and social justice committee,
(viii) Vigilance committee.
(c) Reservation of seats, terms of office, resignation, procedure for removal, conduct of
business, members, eligibility for member-ship, meeting manner of filling vacancy, selection of
secretary and procedure of Standing Committees shall be as may be prescribed by the
presiding officer;
(d) Village Development Committee shall prepare a scheme for all-round development of the
village and shall put up the same before the Gram Sabha for its approval;
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(e) Every Gram Sabha may set up a fund which, consisting of the following four parts, shall be
known as Gram Kosh (Village Fund):-
(f) Gram Kosh shall be kept in such a manner and maintained in such a way and form as the
prescribed.
3. Gram Panchayat shall also place before the Gram Sabha the matters which may be
required by the Panchayat Samiti, Zilla Parishad, Deputy Commissioner/District Magistrate
or any other officer authorized in this behalf, to be placed before such a meetings;
4. Gram Panchayat shall under this section implement the recommendation made by the Gram
Sabha in respect of the matters before it, if any, in the light of the rules of the State
Government in force for the time being.
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6. In addition to functions specified under section 10 (1) (a) and extra powers and functions of
Gram Sabha in scheduled area mentioned under section 10 (5), the State Government may
time to time ascertain other extra powers and functions for Gram Sabha in scheduled area.
7. Gram Sabha shall be free to consider any subject related with the functions of the Gram
Panchayat and the Gram Panchayat shall implement its recommendations in the light of
then prevalent rules.
8. Functions of the Gram Sabha mentioned in Section 10 (1) (a) and section 10 (5) shall not
effect the Acts/ Rules of the Government then Prevalent and it jurisdiction.
9. The State Government may, by general or special order increase the functions and duties
delegated to the Gram Sabha or may withdraw the same.
There is a provision for Ward Sabhas at the village level in Scheduled areas.
Ward and Gram Sabha meetings are directed to be held. Four times in a year, with not more
than 3 months gaps between the meetings. There are no prefixed dates for there meetings
Quorum for meetings, particularly for women, SC/ST, landless labourers etc
According to section 7 of the Act, the quorum for a meeting shall be one tenth of the total
members of the Gram Sabha, out of which at least one third should be women. In scheduled
area, the quorum for the meeting shall be one third of the total members of the Gram Sabha, out
of which at least one third should be women.
If at the time appointed for the meeting, members in requisite numbers for the quorum are not
present, the person presiding the meeting shall adjourn meeting to such a future date and time
as she may appoint and a fresh notice shall be given in the prescribed manner and quorum
shall not be require for holding such an adjourned meeting, provided that no new subject shall
be taken into consideration in such a meeting.
There are no provision for Mahila Sabha meetings before gram sabha meeting
Dimension 5: Planning
There is a provision under the law for District Planning Committees (DPCs). DPCs have not
been constituted.
Provisions for Standing Committees in Panchayats for planning and implementation of allotted
subjects exist under the Act.
Dimension 6: Implementation
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Dimension 8: The Provisions of Panchayats (Extension to the Scheduled Areas) Act,
1996 (PESA)
Panchayats are constituted on the basis of population and geographical considerations. Ethnic
identities are not really considered. About 113 Blocks are within the Scheduled Areas.
There is reservation in PESA areas (reservation of Chairperson +50 P.C). seats for tribals for
ST). In other areas it is proportionate to population. However, since no elections have been
held, details are unavailable.
There has been to effort at harmonization of other laws with State PR acts.
Dimension 13: Annual Reports on the State of the Panchayats (Including preparation of a
Devolution Index)
No clear cut status has been accorded to the SEC. There is mention in the Act about the role of
SEC in conducting elections to the DPC.
The Gram Sabhas do conduct social audits of various government programmes, but not as Part
of a process of holding the GPs to account.
There is no computer in most of the blocks. There are no Panchayat buildings/ offices in
majority of the blocks.
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Dimension 18: Capacity Building & Training
There are excellent facilities at State Institute of Rural Development (SIRD) and regional centers
for training. However, no training programmes are conducted since no elections have been
held.
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