The Gandhiji Concept of Gram Swaraj

I. Views on gram swaraj

A. Visualize an alternative system on additional wisdom of ancestors.
B. Village oriented life and governance of inner swaraj and outer swaraj.
C. Higher the level of inner swaraj need of outer swaraj will be minimal.
D. Hind Swaraj (1921) was not in a position to be accepted but parliamentary democracy
was approved by him.

II. Panchayat raj according to Gandhiji

A. To bring old systems in tune with normal life by discarding bad materials.
B. Wanted ………………………… changes of the original system of village life.
C. Idea of village swaraj to be a completed republic independent of neighbors for its own
vital need.
D. To reserve land for cattle, a recreation playground for its own vital needs.
E. At extra land money crops jute etc. excluding ganja, tobacco opium etc.
F. A village theater schools to public half clear water supply through controlled wells as
tanks.
G. Education compulsory up to final basic course (Class IV).
H. All activities through co-operative without caste discrimination and untouchability.
I. Compulsory service of village guard on a rotational basis.
J. Full employment free from employment.

**Question : Write an essay on Gandhiji’s concept of Gram Panchayat.

West Bengal Panchayat Act, 1973

Gram Panchayat = Bundle of Villages (15/20)
Panchayat Samiti = Bundle of Gram Panchayats (10/12)
Zilla Parishad = Bundle of Panchayat Samitis (25/30/40)

Sr. Gram Panchayat Panchayat Samiti ZillaParishad

no. (Section 4) (Section 94) (Section 140)

01 Bundle of Villages or grams Bundle of Gram Panchayats Bundle of Panchayat Samitis

(G.P.) (P.S.)

02 Only Persons in the electoral board shall elect.

03 No. of members 5 to 30 Less than 3 elected members Less than 3 elected members
per G.P. + M.P.+ M.L.A. (No in each Block + P.S.
minister or Sabhapati) Sabhapati + M.P. + M.L.A.

04 Reservation of seats for SC, ST, BC as per rules of State Government.

Reservation proportionate to population.

05 Reservation shall not exceed 50% of the total seats.

06 If 50% of the seats not covered by SC/ST remaining seats shall be BC on condition (4).

07 Number of SC/ST Seats to be Number of SC/ST Seats to be determined to be proportionate

determined to be to their population.
proportionate to their
population. Proviso clause (4).
Proviso clause (5).

08 Half of total Sc/ST/BC seats are reserved for women.

Proviso clause (7).

09 Above calculation shall remain valid for next two consecutive elections [5+5 generally].

Proviso clause (8).

10 SC/ST/BC with reservation shall also be eligible for non-reserve seats.

Proviso Clause (9).

11 Election commission to direct prescribed authority for fresh determination but not to be
varied in next two general elections.

Proviso Clause (10)

12 When Art.334 seizes reservation of Sc/ST to be seized and if state legislation decides to be in
activement.
Question:
** State how a Gram Panchayat/ Panchayat Samiti/ Zilla Parishad is constituted under a
West Bengal Panchayat Act, 1973?
Structure, composition & election (Ashok Mehta Committee Report)
1. Technical experts of High Order at Panchayat Raj Institution.
2. Mondal Panchayat to be constituted from the people of the Bundle of villages.
3. Technological program for 400 families to be ensured for efficient execution and for
efficient execution and management to strengthen rural urban linkages.
4. SC/ST representation to be ensured on the basis of the population
5. Zilla Parishad Chairman to be elected indirectly for 4 years.
6. In tribal areas the Mondal Panchayat is to be formed to look after the social function
under Schedule VI of the Constitution.

7. Zilla PArishad to constitute of the following members:-

a. Elected Members
b. President of Panchayat Samiti
c. Nominees of bigger municipalities.
d. Nominees of district level federation
e. Twowomen securing higher number of votes in zilla parishad. If women are
not available two shall be co-obtained
f. C0-obtained members will be of special interest in rural development.
g. Co-obtained members to be obtained from college or university teachers.

8. Panchayat Samiti should consist of the following members:-

a. President of Mondal Panchayat. (.......)
b. Zilla Parishad member of that area
c. Nominee of block level co-op federation.
d. One co-opted member having special interest in rural development.

President of panchayat samiti is to be elected from amongst the ex-officio and directed
elected members from zilla parishad.

9. Mondal Panchayat would consists of following members:-

a. 15 members directly elected from the village on the population basis.
b. Representative of farmers service society.
c. Two women secured higher votes in the election. If women are not found or
not available, tobe co-opted.

10. A village committee should be there with following member:-

 a. M.P. members of that village (president).
b. Zilla parishad members were concerned.
c. Representative of small or marginal farmers.

11. At Least two Gram Sabhapati meetings should be held every year to explain to the
people of the programmes executed in their areas for the feedback.

Date: 26/04/2023

MEETINGS

Sr. Meetings of Gram Panchayat Meeting of Panchayat Samiti Meeting of Zilla Parishad
No. (Section 16) (Section 105) (Section 150)

Meeting to take place once a
month in the Gram Panchayat
01.
Office on a prefixed date and
time.
Meeting to take place once every Meeting to take place once every
03 (three) months in the Gram 03 (three) months in the Zilla
Panchayat Office on a prefixed Parishad Office on a prefixed
date and time. date and time.

First Gram Panchayat meeting as First Gram Panchayat meeting as First Gram Panchayat meeting as
per the direction of prescribed per the direction of prescribed per the direction of prescribed
authority authority authority

On requisition of ⅓ member On requisition of ⅕ member On requisition of ⅕ member

(minimum 03 member) Pradhan
to call meetings within 15 days
02.
with intimation to prescribed
authority with a 07(seven) days
notice
(minimum 03 member) Sabhapati
to call meetings within 15 days
with intimation to prescribed
authority with a 07(seven) days
notice.
(minimum 03 member) Sabhapati
to call meetings within 15 days
with intimation to prescribed
authority with a 07(seven) days
notice.

If Pradhan fails to call requisition
meeting, requisitionists shall call
the meeting at the Gram
03.
panchayat Office, within 35
(Thirty-Five) days with
intimation to prescribed authority
If Sabhapati fails to call
requisition meeting,
requisitionists shall call the
meeting at the Gram panchayat
Office, within 35 (Thirty-Five)
days with intimation to
If Sabhadipati fails to call
requisition meeting,
requisitionists shall call the
meeting at the Gram panchayat
Office, within 35 (Thirty-Five)
days with intimation to

on a 07(Seven) days notice to all
members and the pradhan.
Prescribed authority may appoint
an observer who is to give a
04.
report within a week from the
date of occurrence of meeting.
In all Gram PAnchayat Meetings
“Pradhan” & “Upa Pradhan” to
preside over. If both are absent,
05.
the members shall instantly elect
among themselves to preside
over the meeting.
Quorum = ⅓ members or a
minimum of 3 members
06.
No. Quorum required for
adjourned meetings.
Decision by majority of votes. In
case of equality of votes, person
presiding over to have 2nd or
07. casting vote
No casting votes in case of
requisition meeting
CONTROL OVER CONSTRUCTION OF BUILDINGS
Sr. Gram Panchayat
No. (Section 23)
prescribed authority on a
07(Seven) days notice to all
members and the pradhan.
-Do-
In all Gram PAnchayat Meetings
“Sabhapati” & “Saha Sabhapati”
to preside over. If both are
absent, the members shall
instantly elect among themselves
to preside over the meeting
Quorum = ¼ members or a
minimum of 3 members
No. Quorum required for
adjourned meetings.
-Do-
Panchayat Samiti
(Section 114B)
prescribed authority on a
07(Seven) days notice to all
members and the pradhan.
-Do-
In all Gram PAnchayat Meetings
“Sabhadipati” & “Saha
Sabhadipati” to preside over. If
both are absent, the members
shall instantly elect among
themselves to preside over the
meeting
Quorum = ¼ members or a
minimum of 3 members
No. Quorum required for
adjourned meetings.
-Do-
Zilla Parishad
(Section 160)

Approval necessary for
building or adding any
extension to existing
01.
building for plinth area less
than 150 sq.m. and height
less than 6.5m.
Approval necessary for
Approval necessary for
building or adding any
building or adding any
extension to existing
extension to existing
building for plinth area
building for plinth area
between 150 sq.m. to 300
more than 300 sq.m. and
sq.m. and height less than
height less than 6.5m.
6.5m.

For industrial estate or park, approval is needed from the industrial development
02.
authority.

03. Conditions for disapproval : No dry Latrine (Sanitary Latrine)

04. Application to be submitted with fees

Approval is not needed for

kaccha or semi-pucca
structures with no concrete
05. XX XX
roof and brick walls, set
back by a distance of 90cms
from the adjacent road.

Approval not needed for

tiles shed without brick
walls, with structure
06. covering ¾ of the land XX XX
area, set back by a distance
of 90 cms from the
adjacent road.

State Government may

07. Exempt the above role and XX XX
regulations.

If the roof is for rain water

harvesting, a portion of the
08. XX XX
application fees shall be
exempted.

Building committee of Zilla Parishad:-

1. Representative of Public Health & Engineering Department
2. Representative of Power & Non-conservative Energy Source
3. Representative of Fire & Energy Service Departments
4. Representative of the Environment Department.
 5. Representative of Police Authority
6. Commissioner of Executive Officer of adjacent Municipality
7. Two Technical Experts.

**Questions - What is the rule regarding control of building operations under the Gram
Panchayat/Panchayat Samiti/ Zilla Parishad? (10 Marks)

DATE: 28.04.2023
Powers, functions and duties of :-

Sr. Pradhan Sabhapati Sabhadhipati

No. (Section 39) (Section 112) (Section 165)

Maintain records of Gram Maintain records of Maintain records of Zilla

01
Panchayat Panchayat Samiti. Parishad

General responsibility for General responsibility for General responsibility for

financial and executive financial and executive financial and executive
02
administration of Gram administration of Gram administration of Zilla
Panchayat. Samiti. Parishad.

Supervise over works of Supervise over works of Supervise over works of

staff officers of gram staff officers of Panchayat staff officers of Zilla
03
panchayat and alot staff Samiti and alot staff Parishad and alot staff
deputed by state deputed by state deputed by state

For business under this Act,

exercise powers, performs
04 ?? ??
functions and discharges
duties.

Serial No. 04 shall not be Serial No. 04 shall not be Serial No. 04 shall not be
exercised by ………… exercised by ………… exercised by …………
05
without Gram Panchayat’s without Panchayat Samiti’s without Zilla Parishad’s
approval. approval. approval.

According to general or
special resolutions of the
Gram Panchayat, meetings
06. and rule of state ?? ??
government exercises,
powers, performs functions
and discharges duties.

Sr. Upa Pradhan Saha Sabhapati Saha/Sahakari

No. Sabhadhipati

01 The State Government may The State Government may The State Government may
 by rules give power to Upa by rules give power to the by rules give power to Saha
Pradhan to exercise powers, Saha Sabhapati to exercise Sabhadhipati to exercise
perform functions & powers, perform functions powers, perform functions
discharge duties. & discharge duties. & discharge duties.

02 According to the state govt. According to the state govt. According to the state govt.
Rule Pradhan may delegate Sabhapati may delegate Sabhadhipati may delegate
powers to Upa Pradhan in powers to Saha Sabhapati in powers to Saha
writing. writing. Sabhadhipati in writing.

03 Pradhan may at any time Saha Sabhapati may at any Saha Sabhadhipati may at
withdraw delegation time withdraw the any time withdraw the
delegation. delegation.

04 During the absence of During the absence of During the absence of

Pradhan, Upa Pradhan shall Sabhapati, Saha Sabhapati Sabhadhipati, Saha
exercise powers etc. shall exercise powers etc. Sabhadhipati shall exercise
powers etc.

05 Gram Panchayat may adopt Panchayat Samiti may Zilla Parishad may adopt a
a resolution in favor of Upa adopt a resolution in favor resolution in favor of Saha
Pradhan to exercise certain of Saha Sabhapati to Sabhadhipati to exercise
powers. exercise certain powers. certain powers.

06 State Govt. by rules may State Govt. by rules may State Govt. by rules may
give powers to Upa Pradhan give powers to Saha give powers to Saha
also. Sabhapati also. Sabhadhipati also.

Section 46 - Imposition of tax by the Gram Panchayat

I. Tax on land and building within Gram panchayat to be collected yearly.

A. 1% if annual value less than Rs. 1000/-
B. 2% if annual value greater than 2500/-
C. Who will pay - Owner or occupier
** Note: Annual value = 6% of the Market Value at the time of
assessment.

II. Exempted land & buildings:-

A. Annual value less than Rs. 250/-
B. Land & building of local authority used for public purpose and having
no profit.
C. Land and building exclusively for religious, educational and charitable
purposes.
 D. State Govt. may include any other land and building under the
exempted category.

III. Gram Panchayat. to levy duty on transfer of immovable property -

A. duty is in the form of additional stamp duty in the office of registering
authority @ 2% of the transfer value.
Further a duty in the form of additional stamp duty @ 10% on
entertainment tickets (entertainment tax), telegram,
…………………………………, amusement, performance, games, sports etc.
B. On Sale of property @ 2% of the consideration money.
C. On gift at the rate of 2% of the value of the property.
D. On mortgage at the rate of 2% of greater value of property
E. On lease at the rate of 2% of the rent for 10 years.

IV. How can Gram Panchayat get the levied Tax?

State Govt. shall arrange for disbursement to Gram Panchayat.
Suppose collection of Stamp Duty = S
Collection of Entertainment Tax = T

SO total Tax collected = S + T

Expense incurred in collection of Tax S + T = E

Hence Disbursement of tax to Gram Panchayat = S + T - E

Section 47 - Levy of Rates, Fee & Tolls by Gram Panchayat

Sr. No. Fees Rates Tolls

01 Regulation of vehicles Water supplied by Gram Person, vehicle, animals

Panchayat for drinking passing a bridge
and irrigation maintained by Gram
Panchayat

02 Plaints, petitions before Lighting on the streets. Ferry

nyay panchayat
03 Sanitary arrangements Cleaning public latrines,
for fairs, worship places urinals etc.
etc.

04 Registration on trade General Sanitation

05 Burning Ghats Drainage

06 Registration on shallow
or deep tube wells

07 Village produces sold in

the Gram Panchayat
Market

08 Hoarding advertisements
on any place under the
Gram Panchayat.

Gram Panchayat to make bye-laws in correspondence with State Government rules

and orders, subjected to maximum amount. Bye-laws may provide exemption of fee,
rates, tolls at any class.

Date: 04/05/2023

Suggestions:
10 Marks:
1. Mention the procedure to be followed for removal of sabhapati of panchayat
samiti. [Section 101]
2. What are the disqualifications for being or remaining a member of the Zilla
Parishad? [Section 142]
3. State the rule of convening meetings of gram panchayat. [Section 16]
4. What is the rule regarding control over building operations under a Gram
Panchayat? [Sec. 23]
5. In which manner is the fund of a panchayat samiti raised? How is it utilized?
6. How is the fund of zilla parishad raised? [Sec 179]
7. How is the board of councilors constituted? [Sec 14 Municipal Act]
8. What is the procedure of electing the chairman of a municipality? (Sec 17,
Municipal Act]
5 Marks
1. Mention the constitution of the building committee of Zilla Parishad. [Sec
160A]
2. What are the items where exemption of tax by Gram Panchayat is allowed?
[Sec 46]
3. How is the fund of Zilla Parishad utilized? [Sec 179]
4. Define public streets. [Sec 2(5) Municipal Act]
5. What is corporate section? [Sec 2(10A) Municipal Act]
6. Define Dairy. [Sec 2(13) Municipal Act]
7. What is a Public building? [Sec 2(50) M.A.]
8. How are municipal areas classified in groups? [Sec 7 M.A.]
9. What are the powers of the vice chairman of a municipality? [Sec 19 M.A.]
10. In which time the members of the chairman in council shall hold office in a
municipality? [Sec 21 M.A.]
11. Write the constitution of the heritage conservation committee. [Sec 23C M.A.]

2 Marks:
1.