Professional Documents
Culture Documents
SESSION (2021-2022)
LABOUR LAW
PROJECT WORK
Dr. Ram Manohar Lohiya National Law University B.A. LL.B. (Hons.)
170101113
ACKNOWLEDGEMENT
Every work accomplished is a pleasure and a sense of satisfaction. The success and final
outcome of this project required a lot of guidance and assistance from many people and I am
extremely fortunate to have got this all along the completion of my project work. Whatever I
have done is only due to such guidance and assistance and I would not forget to thank them.
I respect and thank our mentor Dr. Shakuntla Sangam for giving me an opportunity to dwell
upon this case and providing me all support and guidance which made me complete the
project on time.
I am obliged to the staff members of the Madhu Limaye Library, for the timely and valuable
information provided by them in their respective fields. I am grateful for their cooperation
during the period of my project.
Lastly, I thank almighty, my family and friends for their constant encouragement without
which this project would not have been possible.
TABLE OF CONTENTS
INTRODUCTION....................................................................................................................4
I. Structure........................................................................................................................10
Composition of Kshettra Panchayat.-....................................................................11
Composition of Zila-Panchayat.............................................................................11
II. Standing Committees at all the 3 tiers of Panchayats................................................12
III. ELECTION................................................................................................................12
SCHEMES IMPLEMENTED BY PRIS..............................................................................14
REFRENCES..........................................................................................................................18
INTRODUCTION
Local government finds mention in the constitutions of very few countries. Still fewer contain
rules for local governance. The Constitution of India, as adopted and enacted in November
1949, did not envisage any role for them but for an entry in the state list of the Seventh
Schedule of the Constitution, and a specific article in the chapter on Directive Principles of
State Policy, requiring the states to take steps for organising panchayats. The changes made
by the 73rd and 74th amendments in the Constitution are innovative and have given a new
dimension to the system of governance at the local level in the country. It is not that the
municipalities and panchayats were not in existence prior to these amendments; almost every
state did set up these institutions in accordance with the law passed by the state legislature.
Many states also had a three-tier structure of panchayati raj in existence as recommended by
the Balwantrai Mehta Committee.
The Constitution defines the panchayats and the municipalities as institutions of ‘self’
government and has given a framework for fresh legislative action by the states. The state
legislatures were and are competent to vest the rural and urban local bodies with powers,
functions and responsibilities under Entry 5 of List II-State List of the Seventh Schedule of
the Constitution. In fact, all the states had, as stated earlier, enacted legislations for the
establishment of these bodies. Powers, functions and responsibilities, including the power to
raise resources, were given to them in these legislations. However, the amendment has given
emphasis to the theme of economic development and social justice. All states have either
enacted new legislation or made the requisite amendments in the panchayat and municipal
laws; the subjects listed in the Eleventh and the Twelfth schedules have been duly
incorporated in the list of functions – obligatory and optional – for transfer to rural and urban
local bodies.
The state of Uttar Pradesh in India adopted a three-tier system of Panchayats in 1961 based
on the recommendations of Balwantrai Mehta Committee Report. In addition to village
Panchayats, the Kshetra Samitis and Zilla Parishads were constituted under the Kshetra
Samiti and Zilla Parishad Adhiniyam of 1961. UP did not enact a new Panchayati Raj
legislation in conformity with the 73rd Constitutional Amendment. It amended the two
existing Acts namely the United Provinces Panchayat Raj Act, 1947 and the Uttar Pradesh
Kshetra Panchayat and Zilla Panchayat Adhiniyam 1961, incorporating provisions to
conform to the 73rd Constitutional Amendment.
PANCHAYATI RAJ DEPARTMENT, UTTAR PRADESH
“Establish and develop LOCAL SELF GOVERNEMENT in the rural areas of the State as the
basic unit of democratic Institution at the grass root level in conformity to the Article 243 of
the Constitution of India brought in through 73rd Constitution (Amendment) Act 1992, by
making better provisions for rural administration and development.”- This is the vision of
Panchayati Raj Department, Uttar Pradesh. The department aims at empowerment of
Panchayats to levy certain taxes, manage funds, make bylaws, prepare budgets, improve the
status of sanitation through various activities and implement various schemes, maintain the
assets of Panchayats benefiting the community, by guiding them and enhancing the capacity
of PRIs.
The Department of Panchayati Raj was created in the year 1948 with the responsibility of
guidance, regulation and monitoring of the functioning of Gram Panchayats which were
established under the UP Panchayat Raj Act, 1947. In view of ensuring the enhanced role of
local rural bodies at the intermediary and districts level, Kshettra Panchayats and Zila
Panchayats were added with the enactment of UP Kshettra Panchayat and Zila Panchayat
Act, 1961.
At present the state has 75 Zila Panchayats (District Panchayats), 821 Kshettra Panchayats
( Intermediary Panchayats )and 51,914 Gram Panchayats ( Village Panchayats). The Ministry
of Panchayati Raj with a Cabinet Minister at the helm of affairs and the office of Principal
Secretary Panchayati Raj look after the entire ambit of policy making and the affairs related
to the Panchayati Raj Institution and administrative functions. To assist the Panchayats in the
state, Govt. has created the following offices:
3. District level: District Panchayati Raj Officer and Apar Mukhya Adhikari (Zila
Panchayats)
4. Block level: Assistant Development Officer (Panchayat)
The United Provinces Panchayat Raj Act 1947 was signed by the Governor General on 7th
December, 1947 and Panchayats were established in the state from 15th August, 1949. After
this, when the constitution of the country was made, extensive arrangements were made for
the establishment of Panchayats. In Article 40 of the Directive Principles of State Policy in
the Constitution, it has been directed that the State should take necessary steps for the
establishment of Panchayats and try to give them all kinds of functions and rights at the
village level. From August 15, 1949, 35,000 panchayats representing the then five crore and
forty lakh rural people of Uttar Pradesh started functioning. Along with this, about 8 thousand
Panchayat Adalats were also established. In 1951-52, the number of village meetings
increased to 35, 943 and the number of Panchayat Adalats increased to 8492. From 1952, the
Panchayats started doing the work of nation building in the rural life on a well-planned level.
The first five year plan started this year. For the success of the scheme, the members of the
development committees were nominated by the government at the Panchayat Adalat level.
At the Gram Panchayat level, Panchayat Minister, Minister of Development Committees
were also appointed. In the District Planning Committee, one head was nominated from each
tehsil. After the destruction of the zamindari in 1952-53, the village society was established
and the rights of village councils were increased. Development committees were also
appointed ministers. In the District Planning Committee, one head was nominated from each
tehsil. After the destruction of the zamindari in 1952-53, the village society was established
and the rights of village councils were increased. Development committees were also
appointed ministers. In the District Planning Committee, one head was nominated from each
tehsil. After the destruction of the zamindari in 1952-53, the village society was established
and the rights of village councils were increased.
II. Second phase of development of Panchayats (1953-54 to 1959-60)
In the year 1960-61, in order to make the villages self-reliant and prosperous, agricultural
production and welfare sub-committees were formed at the village level in the village
panchayat areas. In the same year, by amendment in the Panchayat Raj Act, a partial change
was made in the election system of village panchayats and Nyaya Panchayats, according to
which it was decided to elect the head of the village assembly by secret ballot system. The
third general election of Panchayats was held between 10 February 1961 and 7 February 1962
AD. On the basis of the recommendations of Shri Balwant Rai Mehta Committee, the Uttar
Pradesh Area Committee and Zilla Parishad Act 1961 was implemented according to the
principles of decentralization of power as per the instructions of the Government of India.
According to this act, the village assembly in the country, The units of Kshetra Samiti and
Zilla Parishad were hindered in one thread and three-tier Panchayati Raj system was started
in the state. After the third general elections to panchayats, the number of village panchayats
in the state was 72233 and the number of nyaya panchayats was 8594.
In the year 1988, the 6th general elections to the Gram Panchayats were held. In 1988 itself,
by amending the Panchayat Raj Act, it was arranged that women should get 30 percent
representation in the member posts of village panchayats. Along with this, it was also
arranged that at least one scheduled caste woman should be given representation in every
village panchayat. In this general election, the number of village panchayats was 73927 and
the number of nyaya panchayats was 8814, in which the number of women heads was 930
and the number of women members was 1,50,577, in which the number of women members
of scheduled castes was 65937. In the year 1989, Jawahar Rozgar Yojana was started with the
objective of creating gainful employment for unemployed and underemployed men and
women in rural areas. The work of implementation of this scheme was entrusted to the village
panchayats.
At the time of framing the Constitution of India, under the Directive Principles of State
Policy, in Article 40, recognizing Panchayats at the grassroots level, it was said that the State
shall take measures to organize village Panchayats and provide them with such powers and
authority as may be necessary for them. It is necessary to function as a unit of self-
government. In the year 1994, 72nd constitutional amendment with the objective of
establishing the village panchayats of the country as a constitutional unit, bringing them
uniformity, ensuring their elections on time, financially strengthening them and giving
constitutional status to the panchayats. Introduced in the Lok Sabha which was later on 24
April 1992 as the 73rd Constitutional Amendment, It came into force in the whole country
since 1993. In the course of the 73rd Constitutional Amendment, the Uttar Pradesh Panchayat
Law (Amendment) Act No. 9 Bill 1994 was passed by the state government, which came into
force in the state from April 22, 1994. In which by amending the United Provinces Panchayat
Raj Act 1947 and Uttar Pradesh Kshetra Samiti and Zilla Parishad Act 1961, the following
arrangements have been ensured by bringing uniformity in all the three levels of Panchayats
(Gram Panchayat, Kshetra Panchayat and Zilla Panchayat) in the state:-
Under the above arrangements, as far as possible, the formation of village panchayats on a
population of 1000, according to the constitutional arrangements, on the basis of the
percentage of the population, at each level of the Panchayati Raj, the seats of the chairpersons
and members of the Scheduled Castes, Scheduled Tribes and Backward Classes (not more
than 27 percent) ) and reservation system has been ensured for women in each category for
not less than one third posts and places. It has also been ensured that the tenure of Panchayats
is 5 years and they can complete it. According to the provisions made in the constitution and
the Panchayat Raj Acts of the state, the notification dated 23 April in the state.
STRUCTURE OF PANCHAYATI RAJ IN U.P.
Since time immemorial Panchayati Raj had been an integral part of Indian society, reference
of Sabha and Samitis has been found in Rig Vedas. Literally, it means an assembly of five
elected by villagers. However, during the British Raj, this ancient system of decentralized
governance lost its significance and became redundant. Immediately after independence
Government of India took steps to revive this valued social institution and Uttar Pradesh
became the first state in India to have a Panchayat Raj Act with enactment of Uttar Pradesh
Panchayat Raj Act, 1947 and on 15th August 1949, 35000 panchayats and 8000 Panchayat
Adalats were established to serve the then rural population of 5 Crore 40 lakhs.
The State adopted a three-tier system of Panchayats in 1961 based on the recommendations
of Balwantrai Mehta Committee Report. In addition to village Panchayats, the Kshetra
Samitis and Zilla Parishads were constituted under the Kshetra Samiti and Zilla Parishad
Adhiniyam of 1961. UP did not enact a new Panchayat Raj legislation in conformity with the
73rd Constitution Amendment. It amended the two existing Acts namely the United Provinces
Panchayat Raj Act, 1947 and the Uttar Pradesh Kshetra Panchayat and Zilla Panchayat
Adhiniyam 1961, incorporating provisions to conform to the 73rd Constitutional
Amendment. The amended acts came into force on 22 April 1994, based on the amendments
State Finance Commission and State Election Commission were established in the state also
were ensured that the panchayats have fixed terms in office, reservation for SC/ST, OBC and
women, devolution of further authority and responsibility to the panchayats.
The UP Kshetra Panchayat and Zila Panchayat Adhiniyam1961 clearly defines the power,
duties and functions of Kshettra Panchayat (Intermediate Panchayat) and District Panchayat
(Zila Panchayat) in sections 31-38, while the UP Panchayat Raj Adhiniyam 1947 clearly
defines the power, duties and functions of Gram Panchayat (Village Panchayat) under
sections 15 to 30. The act also clearly enumerates the establishment and Constitution of Gram
Sabhas and Its Meetings and Functions under sections 3, 5 and 11. However, there is no
reference of powers, duties and functions of Ward Sabha in the act.
I. Structure
The population norm for the formulation of panchayats at different levels is represented as
under:
S. No Level of Panchayat Population Norm for the formulation of panchayat
at Particular level
1. Pramukh-Chairperson.
3. Elected members and each member shall be elected on a population of two thousand.
4. The members of the Lok Sabha and Vidhan Sabha representing the Constituency which
falls wholly or partly in the Khand.
5. The members of the Vidhan Parishad who was registered as an elector in the Khand.
• Composition of Zila-Panchayat
1. Adhyaksha-Chairperson.
3. Elected members are chosen by direct election, each on the population of the fifty
thousand.
4. Members of the Lok Sabha, Vidhan Sabha representing the Constituency which comprises
any part of the Panchayat area.
5. The members of Vidhan Parishad who are registered as electors within the Panchayat area.
To increase the transparency of functioning of panchayats, provision has been made to do all
the work through these Samitis Also, provision has been made to include special invitee
members to this samitis, total invitee members not exceeding seven can give their suggestions
on various issues but would not cast their votes in the decision making process.
VIII. ELECTION
Elections are held at regular intervals of 5 years period, under the superintendence of State
Election Commission since 1995. Last general elections were held in the year 2021. State
Finance Commissions are constituted every five years since 1994 to recommend the ways
and means to increase the tax base of Panchayats and allocations of State net tax receipts to
and among the Panchayats and local bodies. The Last State Finance Commission viz., 4th
SFC was
While there is reservation for SCs/STs in proportion to their population and OBCs subject to
a maximum of 27% in seats and the offices of chairpersons, the women have reservation of
not less than 1/3 in each and every category including the total strength of the panchayat.
At Gram Panchayat level election are held to elect a Gram Panchayat through universal adult
franchise that is made up of an elected Pradhan (Chairperson) and Members from different
wards. Gram Sabha is the most powerful institution at the village level. Gram Sabha consists
of all the residents attaining the age of 18 years of Gram Panchayat area and the Pradhan of
the Gram Panchayat as Chairperson of the Gram Sabha. The budget of ensuing year and the
tasks taken in the previous year are put for discussions and approval in the meetings of Gram
Sabha which are compulsorily held after the harvesting of Kharif and Ravi Crops twice in the
year. The list of all the schemes and the beneficiaries of various department are also
submitted in the meeting of Gram Sabha. Likewise Kshettra Panchayat and Zila Panchayat
also perform the activities falling within their jurisdiction.
SCHEMES IMPLEMENTED BY PRIS
Based on the 73rd constitutional amendments the state has progressed in the right direction
however the pace of change needs to be enhanced and introspection is required to
democratise and empower the three-tier Panchayati raj structure. Some of the specific
suggestions are as under.
i. The electoral list should be the same as the one used in Lok Sabha or the Vidhan
Sabha elections, Photo identity Cards must be mandatory for all voters, casting votes.
Also, EVMs should be used.
ii. Capacity building should be taken more seriously and instead of making it a one-time
affair, should be a continuous process. The capacity building through electronic media
of FM radio/ radio could be tried, one dedicated channel should be started, where
along with songs and other programmes, information related to panchayats, rights of
people, duties of Panchayat representatives needs to be broadcast on regular basis.
iii. The Chairperson, especially at the Zila Parishad, should not have the centralised
power for allocation of Panchayat fund and sanction of projects for development.
Instead, the funds should be proportionately tagged to elected representatives and
he/she should have the right to give the proposal for development in their ward and
get the things implemented in their wards.
iv. Devolution is still in a nascent stage and needs to be strengthened for effective
democratisation.
v. Provision for declaring uncontested contestant as winner needs to be re-looked.
vi. Divisible pool that includes various resources including taxation, at the disposal of the
State Government, from the net tax receipts meant to be divided between the
Panchayats and Municipalities should be increased from 11% to 12.5%. Of this, 7.5%
of the divisible pool should go to ULBs and 5% to PRIs.
CONCLUSION
India has remarkable achievement of continuing Panchayati Raj System, which is an integral
part of its culture and civilization. The 73rd amendment of the Constitution of India provided
the constitutional status and institutional framework to Panchayats to strengthen grassroots
level democracy through elected self-governing local bodies in the rural areas of the country.
The Constitutional amendment also emphasised functional and fiscal decentralisation of
powers to achieve good governance through people’s participation and thus enabling
transparency, responsiveness, equity, efficiency and accountability.
Uttar Pradesh has slid rather rapidly down the development ladder in the past half a century.
Today the state spends most of its revenues on servicing its huge debt and what is left is
expended on supporting the establishment, leaving little for development. UP needs urgently
to raise more resources and, more importantly, put the funds to use in employment-generating
areas which will help in poverty alleviation
Uttar Pradesh Kshetra Panchayat and Zilla Panchayat Adhiniyam 1961 (1961).
Lucknow.
Government of Uttar Pradesh. United Provinces Panchayat Raj Act, 1947 (1947).
Lucknow.
State Election Commission: UP. (2019). Retrieved from http://sec.up.nic.in
Human Development Report Uttar Pradesh 2008. (2008). Retrieved from
http://www.undp.org/content/dam/india/docs/human_development_report_uttar_prade
sh_2008_full_report.pdf
Census of India Website: Office of the Registrar General & Census Commissioner,
India. (2019). Retrieved from http://censusindia.gov.in