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Panchayats in Punjab, of which the present area of Union Territory of Chandigarh
was a part, operated under the Punjab Panchayat Act of 1912 and later, of 1921.
This was followed by the Punjab Village Panchayat Act, 1939, which consolidated
the law relating to Panchayats and enlarged the scope of their administrative
and judicial functions. After Independence, this enactment was replaced by the
Gram Panchayat Act, 1952 in keeping with the spirit of Article 40 of the
Constitution. As this law provided for a uni-tier Panchayat system, a new law
was brought in for creating two higher tiers – Panchayat Samitis and Zila
Parishads, which was entitled the Punjab Panchayat Samiti and Zila Parishad Act,
1961 and was subsequently extended to Union Territory, Chandigarh on its
formation. At present, the Punjab Panchayati Raj Act, 1994 is applicable in U.T.
Chandigarh.
Developments Prior to 73rd
Constitutional Amendment Constitution (73rd Amendment) Act, 1992
73rd
Amendment in the Constitution was brought in by the Govt. of India with the
definite objective of providing the PRIs with :-
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1. |
Full term of 5 years and protection
against frequent dissolution. |
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2. |
Reservation in seats for S.C. and other weaker sections like
women, backward classes etc. |
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3. |
Reservation for SC and women in offices of Sarpanch,
Chairperson, Panchayat Samiti and Zila Parishads. |
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4. |
Clear-cut set of functions to be performed by the PRIs for rural
development and upliftment. |
Accordingly, the States framed their laws in consonance with the 73rd
Amendment. The State of Punjab introduced Punjab Panchayati Raj Act, 1994 which
was made applicable in U.T. Chandigarh w.e.f. 23.4.1994.
PRIs in Chandigarh
Gram Panchayats
At present, there are 12 Gram
Panchayats for 13 villages. These Gram Panchayats were elected under the provisions of the
Punjab Panchayati Raj Act,1994 ( as extended to U.T. Chandigarh vide Ministry
of Home Affairs Notification dated 23.4.1994) in December, 2003, for a period of
five years. Out of total 12 elected Sarpanches, two belong to the S.C.
category. There are six women Sarpanches, out of one Women Sarpanch belongs to
S.C. category. Out of 92 elected Panches, 11 are from S.C. category. There are
22 women Panches, out of which 2 belong to S.C. category.
The term of the Gram Panchayats expires in December, 2008 and
election shall be held, as per provisions of the law.
Section 10 of the Act of 1994 stipulates that every Gram Sabha,
comprising a village or a group of villages with a minimum population of 200
shall elect from amongst its members, a Gram Panchayat consisting of a Sarpanch
and five to thirteen members, in accordance with its population.
Panchayat Samiti
The entire rural area of Union territory, Chandigarh has been
constituted into one block, which makes for the establishment of one Panchayat
Samiti. As per latest amendment in the Act of 1994, a Panchayat Samiti shall
consist of 15 members from the territorial constituencies. The elections in
this regard have been held in December, 2006 after a term of 5 years. Out of
the total 15 members, 4 members belong to Scheduled Caste category. There are 6
women members, out of which 2 belong to S.C. category. The Member Parliament (Lok
Sabha), representing U.T. Chandigarh is also a Member of the Panchayat Samiti,
Chandigarh. The Chairperson of Panchayat Samiti is from S.C. women category.
Zila Parishad
The entire rural area of the Union Territory has been constituted
into Chandigarh district. One Zila Parishad was constituted in accordance with
the provisions of the Panchayat Samitis and Zila Prishads Act, 1961 (as made
applicable to Union Territory, Chandigarh). Under Sections 162 and 163 of
Punjab Panchayati Raj Act, 1994, the Zila Parishad has been constituted and it
has started functioning in full fledged manner from December, 2006. There are 6
elected members of the Zila Parishad, Chandigarh, because the total
constituency area of 4 Zila Parishad members was included in the area of
Municipal Corporation, Chandigarh. Out of the 6 Zila Parishad members, 2 belong
to S.C. category. There is one woman member. In addition, the Chairman,
Panchayat Samiti, Chandigarh and Member of Parliament (Lok Sabha) representing
the Union Territory, Chandigarh are also members of the Zila Parishad,
Chandigarh.
Reservation of Seats (PRI’s)
Seats are reserved for the Scheduled Castes in the same proportion
to the total number of seats, as the population of the S.C. bears to the total
population of the area. Not less than one third of the total number of seats
are reserved for SC are to be reserved for S.C. women. Further, not less than
one third (including number of seats reserved for women belonging to S.C.) of
the total number of seats are reserved for women.
Functions
of Panchayati Raj Institution
As per the indicative list of 29 items included in the Eleventh
Schedule to the Constitution brought in by 73rd Amendment, the Act of
1994 enumerates these functions. The obligatory functions to be performed by
Gram Panchayats are listed under section 30 of the Act :-
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a) |
preparation of annual plans/budgets for the development of Panchayat area,
removal of encroachments on public property, |
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b) |
onstruction, repair and maintenance of
community assets like public roads, sanitation, cremation grounds,
providing and maintaining public latrines, street lighting, dharamshalas, libraries and supply of water for domestic use. |
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c) |
Promotion and development of agriculture, horticulture, waste land, animal
husbandry, dairying, poultry, fisheries, forestry and non-conventional energy
schemes, |
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d) |
Promotion of khadi and village industries, rural housing, educational and
cultural activities, welfare of scheduled castes, |
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e) |
Implementation and monitoring of public health and family welfare schemes,
social welfare programme, poverty alleviation programme and public distribution
system. |
Besides, the Administrator may assign such functions to Gram Panchayats
as may be considered desirable. Panchayat Samiti and Zila Parishad can also
delegate functions to the Gram Panchayats.
Like-wise, the functions and duties which Panchayat Samiti shall perform,
have been enumerated under Section 119 of the Act of 1994. Section 180 of the
Act enlists the functions, which shall be performed by Zila Parishad.
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