LAND LAWS AND OTHER LOCAL LAW –II

TOPIC- THREE TIER STRUCTURE OF

PANCHAYATI RAJ

ASSIGNMENT SUBMITTED TO
FACULTY OF LAW, UNIVERSITY OF LUCKNOW

For the Partial Fulfillment of the Requirement in

LL.B. (Hons.)- VIII SEM (SECTION-B)

UNDER GUIDANCE OF: SUBMITTED BY:

Dr. Chandra Shekhar Rai Kavyanjali Singh

Faculty of Law Semester 8th, Section B

University of Lucknow Roll number: 200013015089

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 ACKNOWLEDGEMENT

The success and final outcome of this project required a lot of guidance and
assistance from many people and I am extremely privileged to have got this all along
the completion of my project. All that I have done is only due to such supervision
and assistance and I would not forget to thank them.

This work would not have been possible without the support and constant help of my
reverend guide Dr. Chandra Shekhar Rai, Faculty of Law, University of Lucknow; for
his countenance advice, adherent interest and pain taking nature.

I am especially indebted to, Prof. B.D.Singh, Honorable Head and Dean of Law
Faculty, University of Lucknow, who have been supportive of my career goals and
who worked actively to provide me with the protected academic time to pursue those
goals.

I am grateful to all of those with whom I have had the pleasure to work during this.
I am thankful to and fortunate enough to get constant encouragement, support and
guidance from all my friends who helped me in successfully completing this project
work. Also, I would like to extend my sincere esteems to all family members for
their timely support.

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 CONTENTS

S.NO. TOPIC NAME PAGE NUMBER

1. Cover page. 1
2. Index. 2
3. Acknowledgement. 3
4. Introduction 4
5. Garm sabha 5
6. Gram panchayat 5
7. Role and function of pradhan/sarpanch 6
8. Procedure for forming gram-panchayat: 7
9. Functions of gram panchayat 7
10. Panchayat samiti 8
11. Conclusion 11
12. References 10

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 INTRODUCTION

Panchayati Raj has been set up by the Panchayati Raj Act. Before the formal introduction of
panchayati raj institution in India, the s'cheme was in vogue in several states in different forms
varying with one tier to three tiers. It was after the publication of Balwantrai Mehta report in 1957
that a systematic effort was made to introduce panchayati raj as a system of local administration,
the honour of introducing the panchayati raj as envisaged by Balwantrai Mehta goes to Rajasthan
to be followed by such states as Andhra Pradesh, Maharashtra, Gujarat, etc. However, it should be
admitted that the effort of introducing panchayati raj on uniform pattern all over India has not
succeeded even today. While the progress in this direction is limping, the publication of Ashok
Mehta report has further complicated the situation by its radical suggestion of structural change at
the second tier, : known as Mandal Panehayats. Andhra Pradesh and Karnataka have shown their
interest in introducing Mandal Panehayats.1

GRAM SABHA

“Gram Sabha” means a body, established under Section 3, consisting of persons registered in the
electoral rolls relating to a village comprised within the area of Gram Panchayat2.
The constitution (73rd Amendment) Act gives constitutional status to the Gram Sabha. Gram Sabha
means a body consisting of persons registered in the electoral rolls relating to a village comprised
within the area of Gram Panchayat. Gram Sabha may exercise such powers and performs such
functions at the village level as the Legislature of a state may by law provide.

Thus, all villagers above the age of 18 years have an inherent right to determine their own destiny.
Gram Sabha is the forum where the marginalized poor can influence decisions affecting their lives.

1
http://shodhganga.inflibnet.ac.in/bitstream/10603/64729/8/08_chapter%201.pdf

2
(Section-2g), U.P Panchayati Raj Act,1947

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There are some basic functions of Gram Sabha

1. The Gram Sabha has a key role in bringing about transparency in the functioning of the
Gram Panchayats.
2. In ensuring equitable distribution of benefits.

3. In creation of community assets where these are needed and in bringing about social
cohesion.
4. Gram Sabhas shall plan and priorities development works to be taken up in the
village.
5. Approve the annual plan for the Gram Panchayat.

6. Seek active participation of women, scheduled castes and scheduled tribes.

7. Exercise the right to check the accounts of the Gram Panchayat.

8. Select beneficiaries under various schemes of the Central Government undertaken for
rural development and move towards full control over management of natural resources.

So, the Gram Sabha is the primary body to which the Gram panchayat owes responsibility. The
Gram Panchayat must present l budget, accounts of the previous year and annual administrative
report before the Gram Sabha.

GRAM PANCHAYAT

Means the Gram Panchayat [constitute] under Section 12 of U.P Panchayati Raj Act 19473. It is
the first tier of Panchayati Raj system. It is the executive body of Gram Sabha. A gram
panchayat (village council) is the only grassroots-level of panchayati raj formalised local self-
governance system in India at the village or small-town level, and has a sarpanch as its elected

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(Section-2h), U.P Panchayati Raj Act,1947
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 head.4 The size and term of Gram Panchayat varies from state to state. It generally ranges between
250 and 5,000 with an average of about 3,000.5 5In the states the average population per gram
panchayat is 1930.6

Important of Gram Panchayat

1. It helps to train the villagers in the art of governing themselves.

2. It trains and develops local leadership.
3. It helps in securing participation of local people.
4. It trains rural people in democratic procedure.

ROLE AND FUNCTION OF PRADHAN/SARPANCH

Every Panchayat elects a President known as pradhan and a vice-president known as up- pradhan. In
some states the pradhan/sarpanch is directly elected by the Gram Sabha either through the show of
hands or through secret ballot while in some the mode of election is indirect. The office of the
pradhan/sarpanch is of great importance. He is charged with the responsibility of supervision and
co-ordination of the activities of the panchayat He is an ex- officio member of the Panchayat Samiti
(Block level). He participates in its decision making as well as in the election of the pradhan and of
the members of various standing committees. He acts as the executive head of the panchayat,
represents it in the panchayat samiti as its spokesman and co-ordinates its activities and those of
other local institutions like co- operatives. The panchayat secretary and the village level worker are
the two officers at the panchayat level to assist the sarpanch in administration

4
https://en.wikipedia.org/wiki/Gram_panchayat

5
Shriram, Maheshwari, local Government in India (NewDeihir0rieht Longman, 1971), p. 85.

6
Report 1975-76. Annexure VIII. Ministry of Agriculture and Irrigation, Department of Rural Development,
Government of India (uttar pradesh), pp. 106-107

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PROCEDURE FOR FORMING GRAM-PANCHAYAT

Every village having a population of 500 and more must have a grampanchayat. In smaller villages
a group grampanchayat for two or three villages is established. The size of population covered by
each panchayat varies from state to state.

The number of members of a grampanchayat depends on the size of population. It varies from 7 to
17. Members of grampanchayat are elected by villagers for a period of five years. An adult with an
age of 21 years and above is eligible for contesting the election and for voting in the same. One of
the members is elected as Sarpanch and another Deputy Sarpanch.

Grampanchayat has a paid secretary (Gramsevak) who is appointed by Zilla Parishad.

1. The Chief executive officer makes the inquiry and collects the information in prescribed
form and put in the meeting of standing committee.
2. After approval of standing committee the proposal is send to commissioner.
3. The commissioner passes the order to district collector to form separate Grampanchayat.
4. After declaration of separate Grampanchayat, state eleven Commissioner has to conduct the
election of new Grampanchayat within a period of six months.
5. After election the functioning of the Grampanchayat is started.

FUNCTIONS OF GRAM PANCHAYAT

Panchayats have both obligatory and discretionary functions:

(a) Obligatory function.
(b) Discretionary function.

The experience shows that panchayats have been charged with too many functions and their resources
are not adequate even to perform the mandatory functions effectively. The Balvantray Mehta

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Committee did not recommend provision for statutory committees in the panchayats. However, there
are provisions for the constitution of committees of village panchayats, in several states. For example,
Andhra Pradesh provides for four committees of village panchayats, Gujarat and Karnataka three
obligatory committees, Madhya Pradesh seven committees, Rajasthan one committee and UP provides
for four committees. In Tamilnadu there is no provision for the formation of committees of the
panchayats. Panchayats have two-fold functions—civic and developmental.

Panchayats have two-fold functions—civic and developmental. Civic functions include sanitation,
conservancy, water supply, construction and maintenance of roads, lighting, maintenance of burial
grounds, primary education etc. In addition, the panchayat also acts as the agent of the panchayat
samiti in executing schemes of development at the village level.

PANCHAYAT SAMITI

This is the second tier of the Panchayati Raj. The Balvantray Mehta Committee report envisaged the
Samiti as a single representative and vigorous democratic institution to take charge of all aspects of
development in rural areas. Since the Samitis correspond geographically to the Community
Development blocks, there is a good deal of convergence with regard to their functions. The
Panchayat Samitis perform most of the functions related to planning and development. Their
nomenclature differs from state to state.

The area of operation of the Panchayat Samiti is usually the same as that of the development block.
In some states, however the samiti is at the tehasil level (which covers a much wider geographical
area and more villages) while in some other states it is at the taluk level. The average population
under a Samiti is about 80,000 but the range is from 35,000 to 1, 00,000. For the composition of the
Samiti, the Balvantray Mehta Committee recommended a system of indirect elections. The
Sarpanchs of the Panchayat were to be ex-officio members of the samiti, which was also to co-opt
some members from scheduled castes, scheduled tribes and women. The MLAs and MPs from the
area were to be associate members. However, the pattern differs from state to state. In most states,
the members are not directly elected and the bulk of the members are ex-officio. The president of
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the Panchayat Samiti is the chairman, who is elected by an electoral college consisting of all
members of the panchayat samiti and all the panchas of the Gram Panchayat falling within the areas.
Besides the chairman, the vice-chairman is also elected. The chairman convenes and presides over
the Panchayat Samiti Meetings. He guides the panchayats in making plans and carrying out
production programmes. He ensures the Implementation of the decisions and resolutions of the
samiti and its Standing Committees.

He exercises administrative control over the Block Development Officer and his staff. He is a
member of the zilla parishad by virtue of his office as a chairman. He is the ex-officio chairman of
the standing committees of the samiti. The mode of election of I he chairman is indirect in almost all
the states except Andhra Pradesh and Tamil Nadu.

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CONCLUSION

Panchayati Raj is a system of rural local self-government and its contribution could be visualized in
the short term, middle term and long term perspectives. It encourages micro level planning and
development programmes by mobilizing and utilizing the locally available resources and this set up
gives ample opportunities to the people to take part in the process of planning and implementation
of the development programmes taking into account the felt needs of the people. Independence must
mean the independence of the people of India, not of those who are today ruling over them. The
rulers should depend on the will of those who are under their heels. Thus, they have to be servants of
the people, ready to do their will.

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REFERENCES

Bare Act
1. U.P Panchayati Raj Act,1947

Books
1. Local Government in India (Shriram, Maheshwari)

2. Panchayati raj in India( M. Aslam)

Internet sites

1. http://www.agriinfo.in/default.aspx?page=topic&superid=7&topicid=619

2. http://www.yourarticlelibrary.com/panchayati-raj-2/3-tier-structure-of-
panchayati- raj/66692
3. http://www.agriinfo.in/default.aspx?page=topic&superid=7&topicid=619

4. http://www.sanchitha.ikm.in/node/645

5. http://shodhganga.inflibnet.ac.in/bitstream/10603/32790/10/10_chapter%204.pdf

6. https://en.wikipedia.org/wiki/Panchayat_samiti_(block)

7. https://study.com/academy/lesson/what-is-a-zila-parishad.html

8. https://www.quora.com/What-are-the-duties-and-powers-of-block-
development-officers
9. http://www.politicalsciencenotes.com/essay/public-administration/essay-on-
block-development-officer-bdo-public-administration/13721

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