U.P. Panchayat Raj Act | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• The Panchayati Raj Institution system in India serves as the Rural Local Self Government, aiming to address the challenges faced in rural areas where administrative functions are not easily accessible.
• Establishing a local government in rural areas through this system facilitates decentralization and encourages community participation in decision-making for village development.
• Uttar Pradesh, being the fifth-largest state in India with a population of about 20.42 crores, heavily relies on agricultural income. It is divided into four economic zones: western, central, eastern, and Bundelkhand.
• Article 40 of the Indian Constitution emphasizes the organization of village panchayats, urging states to empower them for effective self-governance.
• The United Provinces Panchayat Raj Act, 1947, enacted on August 15, 1949, laid the foundation for establishing panchayats in Uttar Pradesh.

The Evolution of the ACT

Establishment of Panchayat System (1947)

• Initially, in 1947, the Panchayat system was introduced with 35,000 panchayats and 8,000 panchayat courts.
• By 1955, the number of panchayat courts increased to 72,409, which were then renamed as 'Nyaya Panchayat courts'.

Introduction of Three-Tier System (1961-62)

• The Balwant Rai Mehta Committee recommended a three-tier Panchayati system, consisting of:
  • Gram Panchayat at the village level
  • Mandal Parishad or Block Samiti or Panchayat Samiti at the block level
  • Zila Parishad at the district level

Amendment for Women's Representation (1988)

• In 1988, the act was amended to include 30% representation of women in village panchayats.
• It was mandated that at least one SC or ST woman should be represented in every village panchayat.

Constitutional Recognition (1992)

In 1992, the Panchayati system was granted constitutional status through the 73rd Constitutional Amendment Act.

• Key features of the amendment included:
  • Permanence of the three-tier system for uniformity
  • Compulsory quotas for women, ST, SC, and OBC
  • Organization and structuring of gram sabha and other panchayat functionaries
  • Establishment of the term of the panchayat and other regulations

Gram Panchayat

• Definition: Gram Panchayat, as per Section 12 of the Act, is a local self-government institution.
• Composition: Gram Panchayat is composed of elected members from the Gram Sabha. These members, known as Panches, are led by a Pradhan. The number of Panches is determined by the Gram Sabha's population:
  • Up to 1000 population - 9 Panches
  • 1000-2000 population - 11 Panches
  • 2000-3000 population - 13 Panches
  • More than 3000 population - 15 Panches
• Committees: Various committees are formed to support the functions of the Gram Panchayat, including:
  • Siksha Samiti: Responsible for primary, higher primary, and informal education.
  • Nirman Karya Samiti: Handles construction-related activities.
  • Jal Prabandhan Samiti: Manages clean drinking water and water resources.
  • Niyojan Evam Vikas Samiti: Plans and oversees agricultural and animal husbandry functions.
  • Swasthya Evam Kalyan Saiti: Focuses on health, welfare, and social welfare initiatives.
  • Prasashanik Samiti: Manages employee administration and ration shops.

Pradhan and Up-Pradhan

• Pradhan and Up-Pradhan are individuals designated as the chairperson of the Gram Panchayat, with specific reserved positions for Pradhan of SC, ST, and OBC, as outlined in Section-11A of the act.
• Section-11B of the act delineates the process for the election of the Pradhan. This position is filled through an election by individuals listed in the electoral rolls for the territorial constituencies of the Panchayat area, who choose one among themselves.
• Furthermore, Section-11C addresses the election of the UP-Pradhan. These officials are elected by the members of the Gram Panchayat from among themselves, following procedures specified by the regulations.

Nyaya Panchayat

• The Nyaya Panchayat, also known as the Justice Panchayat, functions at the village level to resolve legal disputes promptly.
• Civil and criminal cases brought before the Nyaya Panchayat should be resolved within 6 weeks of initiation.
• Annexure 10 of the act specifies the types of cases that can be adjudicated by the Nyaya Panchayat.
• A Circle, as defined in Section-2d, is the jurisdictional area where a Nyaya Panchayat operates.
• Each circle encompasses contiguous areas under the jurisdiction of the Gram Panchayat.

Establishment of Nyaya Panchayat

• Under the direction of the Panchayat director, the district Magistrate determines the number of circles and their respective areas for Nyaya Panchayat establishment.

Composition of Nyaya Panchayat

• The Nyaya Sabha comprises members of the Gram Panchayat, with the number of panches dependent on the Gram Sabha's composition.
• For example, if a Nyaya Panchayat comprises 2 Gram Sabhas, 5 panches are elected from each Panchayat.
• If there are more than 12 Gram Sabhas, a specific selection process is outlined for panch appointment.

Qualifications for Panches

• An individual aspiring to be a panch in the Nyaya Panchayat must be literate in Hindi and above 30 years of age.
• The term of a panch begins upon appointment and ends with the respective Gram Panchayat's term.

Roles within Nyaya Panchayat

• Two individuals are elected as Sarpanch and Sahayak Sarpanch within each Nyaya Panchayat.
• Sarpanch holds the authority to form benches comprising 5 members each to assist in case proceedings.

Kshettra Panchayat

• The Kshettra Panchayat, as outlined in Section 5 of The U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1961, is a crucial administrative unit within each district, divided into blocks or khands, where a Kshettra Panchayat is established.
• Per Section 7 of The Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961, a Kshettra Panchayat consists of a chairperson known as Pramukh, along with a Senior Up-Pramukh and Junior Up-Pramukh, who are elected by the members of the Panchayat from among themselves.
• Other members of the Kshettra Panchayat include:
• Members of the Rajya Sabha and Legislative Council of Uttar Pradesh who are registered as electors within the block.
• Members of the Lok Sabha and Legislative Assembly of the State representing constituencies that wholly or partly fall within the block.
• All Pradhans of the Gram Panchayats within the block.
• Elected members representing territorial constituencies.
• The Kshettra Panchayat also appoints a chief executive officer known as the Khand Vikas Adhikari, responsible for implementing the decisions and resolutions of the Panchayat and its committees.
• The Kshettra Panchayat establishes various committees to facilitate its operations, each with a one-year term:
• Siksha Samiti: Primarily focused on providing primary, higher primary education, and informal education.
• Nirman Karya Samiti: Responsible for construction-related activities and ensuring quality standards.
• Jal Prabandhan Samiti: Tasked with providing clean drinking water and managing water resources.
• Niyojan Evam Vikas Samiti: Manages development and planning related to agriculture and animal husbandry.
• Swasthya Evam Kalyan Samiti: A health and welfare committee that oversees medical treatment, social welfare, and family welfare, especially for women and children.
• Prasashanik Samiti: Manages the administration of employees at the block level and ration shops.

Zila Panchayat

• Zila Panchayat is established at the District Level. It comprises:
  • Adhyaksha, serving as the Chairperson
  • Pramukhs of all Kshettra Panchayats in the district
  • Elected members from territorial constituencies
  • Members of the Lok Sabha and State Legislative Assembly representing relevant constituencies
  • Members of the Rajya Sabha and Legislative Council of Uttar Pradesh who are registered electors within the panchayat area
• As per Section 19 of The Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961, the Adhyaksha and Upadhyaksha are elected by the members from among themselves.
• Zila Panchayat establishes various committees to efficiently carry out its functions, including:
  • Siksha Samiti: Primarily focused on providing primary, higher primary, and informal education
  • Nirman Karya Samiti: Responsible for construction-related tasks
  • Jal Prabandhan Samiti: Tasked with ensuring clean drinking water supply and water management
  • Niyojan Evam Vikas Samiti: Engaged in development and planning functions related to agriculture and animal husbandry
  • Swasthya Evam Kalyan Saiti: Concerned with health, social welfare, family welfare, and women and children welfare at the district level
  • Prasashanik Samiti: Responsible for managing district-level employees and ration shops
• The tenure of these committees aligns with the Zila Panchayat, with one-third of committee members retiring annually.

Gram Fund

• Section-32 of the U.P. Panchayat Raj Act governs the Gram Fund, which is integral to the annual financial planning conducted under Section-41 of the same act. These funds are instrumental in facilitating the operational activities of the gram sabha, gram panchayat, and associated committees.

Credit Sources for the Gaon Fund

The Gaon Fund is sustained by various sources as outlined in Section-32 (2) of the U.P. Panchayat Raj Act:

• Proceeds generated from taxes levied under the act.
• Funds allocated by the State Government to the Gram Panchayat.
• Remaining balances from the former village Panchayat under the Village Panchayat Act.
• Monetary contributions mandated by a Court or other legal statutes for the Gaon Fund.
• Receipts from Section 104.
• Revenue from the sale of various materials like dust, dirt, dung, or refuse collected by Gram Panchayat personnel.
• Designated portions of rents or profits from nazul property directed by the State Government to the Gaon Fund.
• Funds donated by the Zila Panchayat or other local authorities.
• Financial assistance in the form of loans or gifts.
• Additional contributions from individuals, corporations, or the State Government as per Section 24 or related laws.
• Grants-in-aid from the state's consolidated fund.

Finance Commission

Establishment of the Finance Commission

• The Finance Commission is established under Section 32A.
• Its primary function is to assess and review the financial status of Gram Panchayats, Kshettra Panchayats, and Zila Panchayats.

Functions of the Finance Commission

Determine and recommend principles governing:

• The distribution of net proceeds of taxes, duties, tolls, and fees between the State and local bodies.
• Allocation of taxes, duties, tolls, and fees to local bodies.
• Grants-in-aid to local bodies.
• Suggest measures to enhance the financial standing of local bodies.
• Address any other financial matters referred by the Governor for the welfare of local bodies.

Powers of the Finance Commission

The Commission holds the power to:

• Request records from officers or authorities.
• Summon individuals to provide evidence or present records.
• Exercise other prescribed powers.

Composition and Appointment

• The Finance Commission is constituted every five years by the Governor.
• It consists of a Chairman and members with specified qualifications.
• Recommendations made by the Commission are presented to the State Legislature by the Governor.

Success of the Act

• Positive Impact on Literacy Rate:
  • Significant increase in literacy rates in rural areas, notably in Uttar Pradesh.
  • Department of Education reports establishment of 90% of primary schools post-act implementation.
• Infrastructure Development:
  • Enhanced infrastructure for primary schools in rural areas aiding education.
  • Active involvement of Gram Panchayats crucial for progress.
• Improvements in Health Services:
  • Introduction of Samajwadi Swastha Sewa for free and timely transportation to hospitals.
  • Ample ambulances stationed strategically for quick access to healthcare.
• Agricultural Advancements:
  • Panchayats pivotal in green revolution efforts, promoting self-sufficiency in food production.
  • Providing farmers with valuable advice for improved crop yields and income.
• Infrastructure Enhancements:
  • Expansion of electricity to numerous villages.
  • Development of essential infrastructure like toilets and drainage systems.
  • Facilitation of administrative processes like Aadhar card issuance and ration shop quality maintenance.
  • Construction of roads for better connectivity.
• Community Participation:
  • Encouragement of active citizen participation for improved facilities and benefits.
  • Noticeable rise in the representation of women, SC, ST, and OBC community members in panchayats.

Conclusion

• Panchayati Raj Institutions in India offer rural villagers the opportunity to engage in village planning processes and participate in government-implemented schemes.
• Villagers can directly interact with their elected representatives to ensure effective service of their interests and proper utilization of funds.
• The introduction of the 73rd Constitutional Amendment Act in 1992 granted constitutional status to Panchayati Raj Institutions, highlighting its importance.
• The act signifies the extraordinary development facilitated by its proper implementation, although there is still room for improvement.