Panchayati Raj System in Rajasthan | RPSC Preparation: All subjects - RPSC RAS (Rajasthan) PDF Download

Panchayati Raj of Rajasthan

Panchayati Raj system in Rajasthan follows a three-tier structure, as per Census 2011 data:

• Total Districts: 33
• Total Panchayat Samities: 295
• Total Gram Panchayats: 9891
• Average Gram Panchayats per District: 300
• Average Gram Panchayats per Panchayat Samiti: 34
• Average Panchayat Samities per District: 9
• Total Population: 6.86 Crores
• Rural Population: 5.15 Crores

The Rajasthan Panchayati Raj Act, 1994

The governance of Panchayati Raj in Rajasthan is guided by 'The Rajasthan Panchayati Raj Act, 1994'.

About Gram Sabha

• The Gram Sabha is a vital component in the Panchayati Raj system and holds significant responsibilities.
• The Gram Sabha comprises individuals listed in the electoral rolls of the village or group of villages within the Panchayat's jurisdiction.

Gram Sabha Meetings

• Gram Sabha Composition and Meetings:
  • Each Panchayat Circle will have a Gram Sabha, composed of individuals registered in the electoral rolls for the village or group of villages within the Panchayat's area.
  • The Gram Sabha must hold at least two meetings annually: one in the first quarter and another in the last quarter of the financial year.
  • Additionally, if requested in writing by more than one-tenth of the Gram Sabha members or if required by the Panchayat Samiti, Zila Parishad, or State Government, a meeting must be held within fifteen days of such requisition or requirement.
• First Quarter Meeting Agenda:
• The Panchayat will present the following in the first quarter meeting:
  • The annual statement of accounts from the preceding year.
  • A report on the administration of the preceding financial year as required by the Act.
  • Proposed development and other programs for the financial year.
  • The last audit report and the responses to it.
• Last Quarter Meeting Agenda:
• In the last quarter meeting, the Panchayat will present:
  • The statement of expenditures incurred during the year.
  • Physical and financial programs undertaken during the financial year.
  • Proposals for any changes in activities from those discussed in the first quarter meeting.
  • The Panchayat’s budget and tax proposals as prepared under the Act.

Quorum of Gram Sabha

• The quorum for a Gram Sabha meeting is essential for decision-making and governance processes.
• The quorum required for a Gram Sabha meeting is set at one-tenth of the total member count. It is essential that a proportionate representation of Scheduled Castes, Scheduled Tribes, Backward Classes, and Women members is present based on their respective population.

Resolutions

• Resolutions concerning matters within the Gram Sabha's jurisdiction must be approved by a majority vote from members present during the meeting.

Functions of the Gram Sabha

The Gram Sabha is entrusted with various crucial functions, including but not limited to:

• Approval of plans, programs, and projects for social and economic development, prioritizing those sanctioned by the Ward Sabha before their implementation by the Panchayat.
• Selection of beneficiaries for poverty alleviation programs, based on recommendations from Ward Sabhas.
• Verification of fund utilization by the Panchayat for approved plans and projects.
• Conducting social audits of plots allocated to marginalized sections.
• Development and approval of plans for residential lands.
• Mobilization of voluntary resources for community welfare activities.
• Promotion of literacy, education, health, and nutrition.
• Fostering unity and harmony across all societal segments.
• Questioning the Sarpanch and Panchayat members regarding specific activities and expenditures.
• Identification and endorsement of development projects based on Ward Sabha recommendations.
• Planning and supervision of minor water bodies.
• Management of minor forest produce.
• Regulation of institutions and personnel in various social sectors.
• Control over local plans and resources, including tribal sub-plans.
• Review and approval of recommendations from each Ward Sabha within the Panchayat Circle.
• Execution of other functions as prescribed by the governing authorities.

Establishment of Panchayat

• The State Government has the authority to designate any local area or a cantonment board as a Panchayat Circle through an official notification. For each designated local area, a Panchayat will be established.
• Each Panchayat, as named in the Official Gazette, will be a corporate body with perpetual succession, a common seal, and the power to acquire, manage, and transfer both movable and immovable property, as well as enter into contracts and engage in legal actions, subject to specified restrictions and conditions.
• The State Government reserves the right to change the name or office location of any Panchayat by issuing a notification in the Official Gazette after providing a month's notice through a prescribed method. This change can be initiated by the State Government, the Panchayat itself, or the residents of the Panchayat Circle.

Composition of a Panchayat

• Composition of a Panchayat: A Panchayat will consist of:
  (a) A Sarpanch.
  (b) Directly elected Panchas, with the number of Panchas determined based on the number of wards as specified under Sub-sec. (2).
• Determination and Division of Wards: The State Government will determine the number of wards for each Panchayat Circle according to the rules framed for this purpose. The Panchayat Circle will be divided into single-member wards in such a way that the population of each ward is, as far as practicable, approximately equal throughout the Panchayat Circle.

Establishment of Panchayat Samiti

• Creation of Blocks and Panchayat Samitis: The State Government can declare any local area within a district as a block through a notification in the Official Gazette. Each declared block will have a Panchayat Samiti with jurisdiction over the entire block, excluding areas covered by a Municipality or cantonment board under current law. However, the Panchayat Samiti may have its office in any part of the excluded area.
• Powers and Legal Status of Panchayat Samiti: Each Panchayat Samiti, named in the Official Gazette, will be a body corporate with perpetual succession and a common seal. Subject to the Act and other applicable laws, it has the authority to acquire, hold, administer, and transfer both movable and immovable property by purchase, gift, or otherwise. It can enter into contracts and has the legal standing to sue and be sued under its name.
• Modification of Panchayat Samiti Jurisdiction: The State Government may, after giving one month’s notice and publishing it in the prescribed manner, modify the jurisdiction or the place of office of any Panchayat Samiti. This can be done either on the Government’s own initiative, at the request of the Panchayat Samiti, or at the request of residents within the block.

Composition of a Panchayat Samiti

• Composition of a Panchayat Samiti: A Panchayat Samiti shall consist of:
  • Directly elected members from as many territorial constituencies as determined under Sub-Sec. (2).
  • All members of the Legislative Assembly of the State representing constituencies that include whole or part of the Panchayat Samiti area.
  • Chairpersons of all the Panchayats within the Panchayat Samiti area.
  • Members mentioned in clauses (b) and (c) have the right to vote in all Panchayat Samiti meetings except those concerning the election and removal of the Pradhan or Up-Pradhan.
• Determination and Division of Territorial Constituencies:
  • The State Government will determine the number of territorial constituencies for each Panchayat Samiti area according to the rules framed for this purpose. The area will be divided into single-member constituencies to ensure that the population is, as far as practicable, evenly distributed throughout the Panchayat Samiti area.
  • For a Panchayat Samiti area with a population of up to one lakh, there shall be fifteen constituencies. For every additional fifteen thousand or part thereof beyond one lakh, the number of constituencies will increase by two.

Establishment of Zila Parishad

• Establishment and Jurisdiction of Zila Parishads: Each district shall have a Zila Parishad with jurisdiction over the entire district, except for areas covered by a Municipality or cantonment board under current law. The Zila Parishad may have its office in any part of the excluded areas.
• Legal Status and Powers of Zila Parishads: The Zila Parishad will be named after the district it serves and will be a body corporate with perpetual succession and a common seal. It has the authority, subject to restrictions and conditions imposed by the Act or other laws, to acquire, hold, administer, and transfer both movable and immovable property by purchase, gift, or otherwise. It can enter into contracts and has the legal standing to sue and be sued under its name.

Composition of a Zila Parishad

• Composition of a Zila Parishad: A Zila Parishad shall consist of:
  • Directly elected members from as many territorial constituencies as determined under Sub-Sec. (2).
  • All members of the Lok Sabha and State Legislative Assembly representing constituencies that wholly or partly include the Zila Parishad area.
  • All Rajya Sabha members registered as electors within the Zila Parishad area.
  • Chairpersons of all Panchayat Samitis within the Zila Parishad area.
  • Members mentioned in clauses (b), (c), and (d) have the right to vote in all Zila Parishad meetings except those concerning the election and removal of the Pramukh or Up-Pramukh.
• Determination and Division of Territorial Constituencies:
  • The State Government will determine the number of territorial constituencies for each Zila Parishad area according to the rules framed for this purpose. The area will be divided into single-member constituencies to ensure that the population is, as far as practicable, evenly distributed throughout the Zila Parishad area.
  • For a Zila Parishad area with a population of up to four lakhs, there shall be seventeen constituencies. For every additional one lakh or part thereof beyond four lakhs, the number of constituencies will increase by two.

73rd Amendment Act, 1992 which later adopted by Rajasthan State

The 73rd Amendment Act, 1992, which was later adopted by the state of Rajasthan, signifies a significant milestone in the country's federal democratic framework by granting constitutional recognition to the Panchayati Raj Institutions (PRIs). This enactment has paved the way for Rajasthan to formulate its own legislation in this regard.
Let's delve into the key features of this transformative Act:

• A 3-tier system of Panchayati Raj for all States with a population exceeding 20 lakh: The Act mandates the establishment of a three-tier system of Panchayati Raj across states meeting the specified population criterion. This tiered structure ensures decentralized governance down to the grassroots level.
• Panchayat elections held regularly every 5 years: The Act ensures that Panchayat elections are conducted at regular intervals of five years, ensuring democratic continuity and representation at the local level. This periodic electoral process reinforces the democratic principles enshrined in the Constitution.
• Reservation of seats for Scheduled Castes, Scheduled Tribes, and women (not less than one-third of seats): One of the pivotal aspects of the Act is the provision for reserved seats, ensuring adequate representation for marginalized communities such as Scheduled Castes, Scheduled Tribes, and women. This reservation mechanism aims to promote inclusivity and social equity within the democratic setup.
• Appointment of State Finance Commission: The Act mandates the appointment of a State Finance Commission, tasked with making recommendations concerning the financial powers of the Panchayats. This commission plays a crucial role in ensuring financial autonomy and sustainability at the local governance level.
• Constitution of District Planning Committees: District Planning Committees are to be constituted to formulate comprehensive development plans for the entire district. These committees play a pivotal role in the effective planning and execution of development initiatives, ensuring localized growth and welfare.

Overview of Financial Powers of Panchayati Raj Institutions

• As per the Constitution (73rd Amendment) Act, Panchayati Raj Institutions have been empowered with the necessary authority to operate as self-governing bodies. This includes the devolution of powers and responsibilities to Panchayats at the appropriate level.
• The responsibilities encompass the formulation of plans for economic development and social justice, along with the execution of schemes entrusted to them for these purposes.

Financial Empowerment under the Constitution

• Article 243-G of the Indian Constitution allows States/Union Territories to grant Panchayats the essential authority to function as self-governing bodies. This includes the preparation and implementation of plans related to economic development and social justice, as outlined in the Eleventh Schedule.
• Article 243-H empowers State Legislatures to enact laws that authorize Panchayats to:
  • Impose, collect, and manage certain taxes, duties, tolls, and fees.
  • Transfer some taxes, duties, and tolls imposed by the State Government to the Panchayats.
  • Allocate grants-in-aid to Panchayats from the State's Consolidated Fund.
  • Establish funds for Panchayats to manage all received funds and their disbursement.

Constitution of State Finance Commissions

• Article 243-I of the Constitution mandates the establishment of a State Finance Commission. This Commission is tasked with reviewing the financial status of Panchayats and making recommendations to the Governor on the principles governing major financial issues outlined in Article 243-H.

Eleventh Schedule

The Eleventh Schedule enumerates 29 functional domains entrusted to Panchayats:

• Agriculture, encompassing agricultural extension
• Landscape enhancement, executing land reforms, land amalgamation, and soil preservation
• Minor irrigation, water governance, and watershed enhancement
• Animal husbandry, dairy farming, and poultry
• Fishing activities
• Social forestry and farm forestry
• Utilization of minor forest produce
• Small-scale industries, including food processing units
• Khadi, village, and cottage industries
• Rural housing projects
• Provision of clean drinking water
• Supply of fuel and fodder
• Construction of roads, bridges, culverts, ferries, waterways, and communication infrastructure
• Rural electrification, involving electricity distribution
• Utilization of non-conventional energy sources
• Initiatives for poverty alleviation
• Education services, including primary and secondary schools
• Technical training and vocational education
• Adult and informal education programs
• Establishment and management of libraries
• Promotion of cultural activities
• Development of markets and organization of fairs
• Healthcare and sanitation facilities, such as hospitals, primary health centers, and dispensaries
• Family welfare programs
• Advancement of women and child development initiatives
• Social welfare schemes, including support for the disabled and mentally challenged
• Enhancement of the welfare of marginalized sections, particularly scheduled castes and tribes
• Management of public distribution systems
• Maintenance of community assets

PESA/Schedule Area in Rajasthan

Devolution of Powers under PESA

• Panchayats (village assemblies) are granted significant authority under the PESA Act to oversee various aspects, such as approving development plans and managing social sectors.
• They control minor forest resources, water bodies, minerals, local markets, land use, and the regulation of intoxicants, among other responsibilities.

Objectives of the PESA Act

The objectives of the PESA Act are as follows:

• Extension of Constitutional Provisions: To extend the provisions of Part IX of the Constitution, which relates to Panchayats, to the Scheduled Areas with specific modifications.
• Self-Rule for Tribals: To provide self-rule for the majority of the tribal population.
• Village Governance: To establish village governance with participatory democracy and make the Gram Sabha the central hub of all activities.
• Administrative Framework: To develop an administrative framework that aligns with traditional practices.
• Preservation of Traditions: To safeguard and preserve the traditions and customs of tribal communities.
• Empowerment of Panchayats: To empower Panchayats at appropriate levels with powers tailored to tribal needs.
• Prevention of Overreach: To prevent higher-level Panchayats from encroaching upon the powers and functions of lower-level Panchayats.

Adoption of PESA by the State of Rajasthan

• Amendment of Panchayat Raj Acts: State governments were required to amend their Panchayat Raj Acts within a year to align with the PESA mandate and were prohibited from enacting laws inconsistent with PESA. Chhattisgarh became a separate state in 2000.
• Panchayat Raj Legislation in Rajasthan: The Panchayat Raj legislation of Madhya Pradesh was extended to Rajasthan, leading to the addition of a new chapter to the Rajasthan Panchayati Raj Adhiniyam, 1993 (CPRA) to address Panchayats in Scheduled Areas. However, the integration of PESA provisions into CPRA has not fully adhered to the intent of PESA.
• Parallel Provisions: Other state laws related to PESA subjects also exist but often do not differentiate between Scheduled Areas and Non-Scheduled Areas.
• Update Required for PESA Framework: Given the national focus on revising natural resource management in Scheduled Areas and the enactment of key legislations like the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, there is a need to update the PESA framework in Orissa to reflect national and global developments.
• Report on PESA Implementation: This report provides an analysis of the current status of PESA implementation in Chhattisgarh, along with suggestions and recommendations for effective devolution of powers concerning PESA subject matters.

Overview of Integrated Raj E-Panchayat

• Implementation of Budget Announcement 2016-17: The Rajasthan State Government has introduced an Integrated Raj e-Panchayat web-based solution to improve the productivity of Panchayati Raj Institutions (PRIs) and streamline the internal processes of the Rural Development and Panchayati Raj Department.
• Web-Based Solution Details: Developed by DoIT&C, GoR, this web-based solution aims to facilitate real-time processing of PRI activities, from work identification and initiation to completion and payment. It supports effective IT use in planning, budgeting, accounting, and monitoring schemes at all levels. This solution is being implemented across 33 Zila Parishads (ZPs), 295 Panchayat Samitis (PSs), and 295 Pilot Gram Panchayats (GPs).
• Monitoring Modules: The system includes modules for monitoring Deendayal Upadhyay Panchayat Shivir and Gramin Patta Vitran Abhiyan.