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A short note on Bihar Panchayat Act, 2016

The Bihar Panchayat Raj Act, 2006 was adopted in response to the requirements of the 73rd Constitution (Amendment) Act, 1992, which establishes Gram Panchayats at the village level. Etc.

The 73rd Constitutional Amendment granted constitutional standing to Panchayat Raj Institutions (PRIs). It provided a system of uniform structure, regular elections, and regular funding from the Finance Commission, the Central Government, and the State Government, among other things. As a result, the States must provide these organisations with the necessary powers, functions, and responsibilities to function as self-governing institutions. The PRIs are specifically tasked with developing and implementing plans and schemes for economic development and social justice, including those listed in the Constitution’s XI Schedule.

Short title, scope, and start date

(i) The Bihar Panchayat Raj Act, 2016 may be referred to as the Bihar 73rd constitutional amendment Panchayat Raj Act, 2016.

(ii) It shall apply to the whole state of Bihar, except territories covered by the Patna Municipal Corporation Act, 1951 (Bihar Act XIII of 1952), the Bihar & Orissa Municipal Act, 1922 (Bihar Act VII of 1922) or the Cantonment Act, 1924 (Act II of 1924)

(iii) It takes effect immediately after being published in the Official Gazette.

Meetings — The Gram Sabha will convene from time to time, but no more than three months must pass between any two meetings.

Duration of Gram Panchayat 

(1) Every Gram Panchayat shall remain for five years from the date set for its first meeting unless sooner dissolved under any legislation now in force.

(2) No alteration to any already in force legislation shall dissolve a Gram Panchayat functioning immediately before the amendment until the expiration of the period stated in paragraph (1).

(3) A Gram Panchayat election must be concluded – (a) Before the end of the period stated in sub-section (1), and (b) Before the end of the period specified in sub-section (2).

Convening of Meetings 

(1) A notice of the meeting of the Gram Sabha shall be placed in the office of the Gram Panchayat and brought to the public’s attention by the beating of a drum or any other means of publicity as prescribed.

(2) The Gram Sabha shall convene and conduct its meetings by any rules that may be established.

(3) the Mukhiya should call a meeting of the Gram Sabha at the times and places stated in the Bihar Panchayat Raj Act, 2016. If he fails to call the meeting by the deadline, the Panchayat Samiti’s Executive Officer may convene the meeting after being notified of the failure. T

Quorum

(1) The quorum for a meeting shall be one-twentieth of the Gram Sabha’s total membership.

(2) If a quorum is not present at the time set for the meeting, or if the meeting has begun and attention is drawn to the lack of quorum, the presiding authority shall wait one hour. If no quorum is present within that time, the presiding authority shall adjourn the meeting to such time on the next day or such future day as he may fix.

Gram Panchayat Area Declaration 

Subject to the general or The District Magistrate may, by special direction of the Government,

Declare any local territory forming a district in the District Gazette.

Gram is a village, a collection of contiguous villages, or a portion of a village.

A panchayat region with over seven million people is called a gram panchayat.

Thousand. Provided, however, that after consulting with the District Magistrate, the District Magistrate may the Gram Panchayat concerned may, at any time, by notification, include any village or portion of a village inside or excluded from any Gram Panchayat area. Change the name of the Gram Panchayat as a result.

Presiding Officer

The Mukhiya of the concerned Gram Panchayat, or the Up-Mukhiya in his absence, must preside over every meeting of the Gram Sabha.

Things to Think About — The Gram Sabha will consider the following items: (a) the Gram Panchayat’s annual statement of accounts, the report of administration for the previous financial year, and the last audit note and replies, if any, made to that; (b) the Gram Panchayat’s budget for the next financial year; (c) the Gram Panchayat’s report on development programmes for the previous year and development programmes proposed to be undertaken during the current year.

Finance Commission of the State

In April 1994, the first State Finance Commission (SFC) was established. The SFC made no recommendations. In June 1999, the Second SFC was established. The Commission suggested that the Tenth and Eleventh Finance Commission grants be distributed in the ratio of 1:6:93 to ZPs, PSs, and GPs, respectively. The funding was dispersed to ZPs, PSs, and GPs in the following ratio: 2:6:92. The panel also made recommendations for the PRIs’ tax and fee rates. According to the Fourth SFC Report, the government had yet to establish arrangements in this respect (June 2010).

Conclusions 

Within every Panchayat Samiti, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the posts of Mukhiya, and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Mukhiya within the said Panchayat Samiti as the population of the Scheduled Castes/Scheduled Tribes bears to the proportion of the total population of that area and such seats shall be allotted by rotation to different Gram Panchayats within the Panchayat Samiti by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner.

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