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Polity & Governance: 73rd Amendment Act 1992
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73rd Amendment Act 1992

Jatin Verma is teaching live on Unacademy Plus

Jatin Verma
Have appeared in UPSC CSE thrice. Have been taking Unacademy Plus courses Academics- Polity, Economics & Current Affairs.

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sir pls provide a clss about the skill india
  1. 2/25/19 LOCAL GOVT. Jatin Verma All Rights Reserved unacademy


  2. Jatin Verma All Rights Reserved CONTENTS Role of Local govt. o Evolution of Local govt. o Panchayats o District Rural Development o National Capital Territory of Delhi o Scheduled Areas PESA, 1996 O o Tribal Areas o Forest Rights Act, 2006 o Gandhiji's Concentric Agenc o Municipalities o 2nd ARC Recommendations o District Collector o Co-operative Societies o Union Territories Circles Model unacademy 2/25/19


  3. O Jatin Verma All Rights Reserved Strengthens democracy Grass roots level govt. Closest govt to people More accountable Protects local interests of the people LOCAL GOVT Ensures active participation of people Efficient administration Cheaper for people Time saving for people People friendly administration unacademy 2/25/19


  4. O Jatin Verma All Rights Reserved 2017 Q) Local self-government can be best explained as an exercise in A. Federalism B. Democratic decentralisation c. Administrative delegation D. Direct democracy unacademy 2/25/19


  5. O Jatin Verma All Rights Reserved Evolution of Local govt. - Pre-independence Lord Mayo's resolution of 1870 supported decentralisation of financial and administrative powers to local govt. Lord Rippon's resolution of 1882 introduced local self govt. Royal Commission on Decentralisation, 1907 stressed on creation of village panchayats and municipalities with financial autonomy and the system of elections Montague-Chelmsford Reforms, 1919 brought 7 local govts under Indian ministers Govt. of India Act of 1935 declared local self- government a provincial subject unacademy 2/25/19


  6. O Jatin Verma All Rights Reserved Local Govt. Panchayats (Rural Areas) Municipalities (Urban areas) unacademy 2/25/19


  7. O Jatin Verma All Rights Reserved PANCHAYATS PART IX- ARTICLES 243 -243O unacademy 2/25/19


  8. Jatin Verma All Rights Reserved Evolution of Panchayats- Post-independence Balwant Rai Mehta Committee Ashok Mehta Committee L M G V K Rao Committee Singhvi Committee Creation of Ministry of Panchayati Raj PESA Act, 1996 73rd Amendment Act, 1992 unacademy 2/25/19


  9. C Jatin Verma All Rights Reserved Balwant Rai Mehta Comittee o This committee was appointed by the Gol to examine the working of the Community Development Programme (1952) and the National Extension Service (1953) o It submitted its report in 1957 and recommended the following: Three tier panchayati raj system- gram panchayat, panchayat samiti a. b. Direct elections to village panchayats and indirect elections to the c. Panchayat samiti to be the executive body while zila parishad, the d. Transfer of power and resources for democratic decentralisation. and zila parishad, linked through indirect elections. higher levels advisory body unacademy 2/25/19 12


  10. C Jatin Verma All Rights Reserved Ashok Mehta Committee o This committee was appointed by the Gol in 1977 on PRIs o It submitted its report in 1978 and made the following recommendations a. Three tier system be replaced by two tier system, zila parishad and mandal panchayat. b. PRIs be given powers of taxation c. State govt. should not supersede PRIs d. Nyaya panchayats be separated from development panchayats e. State EC consult with CEC to conduct elections f. Minister for Panchayati Raj be appointed in the state CoM g. Seats for SCs and STs be reserved according to population. h. Constitutional status for PRIs unacademy 2/25/19 13


  11. C Jatin Verma All Rights Reserved GVKRao Committee o This committee was appointed by the Planning Commission in 1985 o It submitted its report in 1986 and made the following recommendations (a) Zila Parishad be made the principal body for all programmes (b) PRIs at the district and lower levels be given significant roles in planning, implementation and monitoring of rural development programmes. (c) State level functions be decentralised (d) District Development Commissioner to be CEO of Zila Parishad (e) Elections to PRIs be held regularly. unacademy 2/25/19 14


  12. C Jatin Verma All Rights Reserved L M Singhvi Committee o This committee was appointed by the Gol in 1986 on Revitalisation of PRIs for democracy and development o It made the following recommendations: (a) Constitutional status for PRIs. (b) Nyaya Panchayats should be established (c) Gram Panchayats be made more viable and called Gram Sabha the embodiment of direct democracy, (d) Village Panchayats be given more financial resources. (e) Judicial tribunals to decide on election controversies, dissolution and other functional matters of PRIs. unacademy 2/25/19 15


  13. C Jatin Verma All Rights Reserved Definitions o "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchavat at the village level o "Intermediate level" means a level between the village and district district levels specified by the Governor of a State by public notification to be the intermediate level unacademy 2/25/19 17


  14. Jatin Verma All Rights Reserved Article 243C o The ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State o The ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area. unacademy 2/25/19 20


  15. O Jatin Verma All Rights Reserved Article 243D - Reservation of seats o Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) and chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in proportion to their population. o The state legislature can provide for reservation of office of chairperson in panchayat at any level for SCs and STs o One-third of the total number of seats to be reserved for women. o One-third of the seats reserved for SCs and STs also reserved for women o One-third offices of chairpersons at all levels reserved for women. o The state legislature can provide for reservation of seats or of office of chairperson in panchayat at any level for backward classes. unacademy 2/25/19 21


  16. Jatin Verma All Rights Reserved Article 243E - Duration of Panchayats o Uniform five year term of office at every level o Elections to constitute new bodies to be completed before the expiry of the term of five years. o In the event of dissolution, elections compulsorily within six months unacademy 2/25/19


  17. O Jatin Verma All Rights Reserved 2009 o If a Panchayat is dissolved, elections are to be held within A. 1 month B. 3 months C. 6 months D. 1 year unacademy 2/25/19 23


  18. C Jatin Verma All Rights Reserved Article 243F - Disqualification for membership o A person shall be disqualified for being chosen as, and for if he is so disqualified by or under any law for the time being in being, a member of a Panchayat- force for the purposes of elections to the State legislature if he is so disqualified by or under any law made by the State o No person shall be disqualified on the ground that he is less than o The disqualification of a member shall be decided by such concerned Legislature 25 years of age, if he has attained the age of21 years. authority and in such manner as the state legislature may provide. unacademy 2/25/19 24


  19. C Jatin Verma All Rights Reserved 2016 o Consider the following statements: 1.The minimum age prescribed for any person to be a member of Panchayat is 25 years 2.A Panchavat reconstituted after premature dissolution continues only for the remainder period Which of the statements given above is/ are correct? A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2 unacademy 2/25/19 25


  20. C Jatin Verma All Rights Reserved Article 243H- Taxes and Funds o The State Legislature may (a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits; (b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits; (c) provide for making such grants in aid to the Panchayats from the Consolidated Fund of the State; and (d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Panchayats and also for the withdrawal of such moneys therefrom, as may be specified in the law unacademy 2/25/19 27


  21. Jatin Verma All Rights Reserved Article 243J D Audit of Accounts of Panchayats o The State Legislature shall provide for 1. Maintenance of accounts of Panchayats 2. Auditing of accounts unacademy 2/25/19 30


  22. C Jatin Verma All Rights Reserved Article 243K- Elections to Panchavats o State Election Commission shall conduct elections to Panchayats. o The governor shall appoint State Election Commissioner o The Governor shall determine the conditions of service and tenure of office of the State Election Commissioner o State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a o The conditions of service of the State Election Commissioner o On the request of the SEC, the governor shall make available o The State Legislature shall make laws for all matters of High Court Judge shall not be varied to his disadvantage after his appointment. such staff as is necessary for the discharge of its functions elections to Panchayats. unacademy 2/25/19 31


  23. O Jatin Verma All Rights Reserved Article 243L- Application to Union territories o The provisions of the Part IX shall apply to the Union territories. o The President may, by public notification, direct that the provisions shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification. unacademy 2/25/19 32


  24. C Jatin Verma All Rights Reserved Article 243M- Part not to apply to certain areas o The provisions of Panchayats shall not apply to Jammu and Kashmir, Nagaland, Meghalaya and Mizoram and other areas which include 1. hill areas of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists 2. Scheduled areas in Andhra Pradesh, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra Odisha and Rajasthan 3. Tribal areas in Assam, Meghalaya, Tripura and Mizoram 4. Hill areas of Manipur for which a district council exists o However, Parliament may extend the provisions to scheduled areas subject to exceptions and modifications. unacademy 2/25/19


  25. O Jatin Verma All Rights Reserved Article 243N Continuance of existing laws and Panchayats o The state laws relating to Panchayats which were enacted before the 73rd Amendment Act and are inconsistent with it shall continue for a maximum period of one year. o Panchayats existing before the commencement of the Act shall continue unless sooner dissolved or a resolution passed to that effect by the State Legislature. unacademy 2/25/19 34


  26. O Jatin Verma All Rights Reserved Article 2430- Interference by Courts o The Courts are barred from interfering in electoral matters such as the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies. o No election to any Panchayat can be called in question except by an election petition as provided under any law made by the Legislature of a State. unacademy 2/25/19 35


  27. C Jatin Verma All Rights Reserved Voluntary provisions o Representation to MPs and MLAs at all levels falling within their constituencies. o Reservation of backward classes o Devolving powers and authority to panchayats to plan for economic development and social justice o Making Panchayats autonomous institutions o Financial powers to levy, collect and appropriate taxes, duties, tolls and fees. unacademy 2/25/19 37


  28. O Jatin Verma All Rights Reserved DRDA District Rural Development Agency unacademy 2/25/19 4


  29. C Jatin Verma All Rights Reserved DRDA o The District Rural Development Agency (DRDA) has traditionally been the principal organ at the District level to oversee the implementation of different anti-poverty programmes. Since its inception, the administrative costs of the DRDAs were met by way of setting apart a share of the allocations for each programme o Each district will have its own District Rural Development Agency unacademy 2/25/19 41


  30. C Jatin Verma All Rights Reserved Role and functions o overseeing the implementation of different programmes o ensure effective utilisation of the funds intended for antipoverty o secure inter-sectoral and inter-departmental coordination and o facilitating and supporting organisation to the Zilla Parishad, o over-seeing whether the intended beneficiaries are receiving the o keep the Zilla Parishad, the State and the Central Government duly programmes coorperation for reducing poverty in the district providing necessary executive and technical support in respect of poverty reduction efforts benefits under the different programmes nformed of the progress of the implementation of the programmeS through periodic reports in the prescribed formats unacademy 2/25/19 42


  31. C Jatin Verma All Rights Reserved o to oversee and ensure that the benefits specifically earmarked for certain target groups (SC/ST, women and disabled) reach them o take necessary step to improve the awareness regarding rural development and poverty alleviation particularly among the rural poor. o promote transparency in the implementation of different o ensure financial discipline in respect of the funds received by them, o coordinate and oversee the conduct of the BPL Census and such o carry out / aid in carrying out action research/or evaluation studies antipoverty programmes by publishing details whether from Central or State Governments other surveys that are required from time to time that are initiated by the Central/State Governments. unacademy 2/25/19 43


  32. C Jatin Verma All Rights Reserved Organisational Structure o Each DRDA should be headed by a Project Director who would be in overall charge of the activities of the DRDA and responsible for interaction with the District/State administration as well as with th Government of India, o In some States, such as Maharashtra, the CEO of the Zilla Parishad is the Chairman of the Zilla Parishad. o Each DRDA should have the following wings: a ) Self-employment Wing;b) Women's Wing; c ) Wage employment Wing; d) Engineering Wing e ) Accounts Wing; g) General Administration Wing f) Monitoring and Evaluation Win unacademy 2/25/19


  33. C Jatin Verma All Rights Reserved 2012 o How do District Rural Development Agencies (DRDAs) help in the reduction of rural poverty in India? 1. DRDAs act as Panchayati Raj Institutions in certain specified backward regions of the country 2. DRDAs undertake area specific scientific study of the cause of poverty and malnutrition and prepare detailed remedial measures. 3. DRDAs secure intersectoral and interdepartmental coordination and cooperation for effective implementation of anti poverty programmes. 4. DRDAs watch over and ensure effective utilisation of the funds intended for antipoverty programme. Which of the statements given above is/are correct? A. 1, 2 and 3 only B. 3 and 4 only c. 4 only D. 1, 2, 3 and 4 unacademy 2/25/19 45


  34. Jatin Verma All Rights Reserved MUNICIPLALITIES PART IX-A: ARTICLES 243-P- 243-ZG unacademy 2/25/19 4


  35. C Jatin Verma All Rights Reserved Article 243Q- Constitution of Municipalities o There shall be constituted in every State, (a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area (b) a Municipal Council for a smaller urban area; and (c) a Municipal Corporation for a larger urban area o A Municipality cannot be constituted in an area which has been declared by the governor as an industrial township. unacademy 2/25/19 50


  36. C Jatin Verma All Rights Reserved Article 243Q- Constitution of Municipalities o The governor shall decide what constitutes a transitional area, smaller urban area or larger urban area depending on . population of the area - the density of the population therein . the revenue generated for local administration the percentage of employment in nonagricultural activities . the economic importance or such other factors as he may deem fit unacademy 2/25/19 51


  37. C Jatin Verma All Rights Reserved Article 243R- Composition of Municipalities o All the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area o For this purpose each Municipal area shall be divided into territorial constituencies to be known as wards. o The State Legislature may provide for the manner of election of the Chairperson of a Municipality unacademy 2/25/19 52


  38. C Jatin Verma All Rights Reserved Article 243R- Composition of Municipalities o The State Legislature may provide for representation in Municipality of the following: (i) persons having special knowledge or experience in Municipal administration; (ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area; iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area; (iv) the Chairpersons of the Committees except wards committees unacademy 2/25/19 53


  39. C Jatin Verma All Rights Reserved Article 243S O Constitution and composition of Wards Committees, etc o Wards Committees shall be constituted in Municipalities consisting of one or more wards and having more than 3 lakhs o The Legislature of a State may, by law, make provision for (a) the composition and the territorial area of a Wards Committee; (b) the manner in which the seats in a Wards Committee shall be filled o A member of a Municipality representing a ward within the S. territorial area of the Wards Committee shall be a member of that Committee, unacademy 2/25/19 54


  40. C Jatin Verma All Rights Reserved Article 243S o Where a Wards Committee consists of_ (a) one ward, the member representing that ward in the Municipality; or (b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee. o The state legislature can constitute committees other than wards committees. unacademy 2/25/19


  41. O Jatin Verma All Rights Reserved Article 243T- Reservation of seats unacademy 2/25/19 57


  42. C Jatin Verma All Rights Reserved Article 243V- Disqualifications for membership o A person shall be disqualified for being chosen as, and for being, a member of a Municipality- if he is so disqualified by or under any law for the time being in force for the purposes of elections to the State legislature concerned > if he is so disqualified by or under any law made by the State o No person shall be disqualified on the ground that he is less than 25 o The disqualification of a member shall be decided by such authority Legislature years of age, if he has attained the age of 21 years and in such manner as the state legislature may provide. unacademy 2/25/19 59


  43. C Jatin Verma All Rights Reserved Article 243W o Powers, authority and responsibilities of Municipalities, etc. o The State Legislature may endow the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government. o Such law may contain provisions for the devolution of powers and responsibilities upon Municipalities at the appropriate level, subject to such conditions as may be specified therein, with respect to a) the preparation of plans for economic development and social justice the implementation of schemes for economic development and social justice b) unacademy 2/25/19 60


  44. C Jatin Verma All Rights Reserved Article 243X- Taxes and Funds o The State Legislature may (a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits; (b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits; (c) provide for making such grants in aid to the Municipalities from the Consolidated Fund of the State; and (d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom, as may be specified in the law unacademy 2/25/19 61


  45. C Jatin Verma All Rights Reserved 2011 o Which one of the following authorities makes recommendations to the Governor of a State as to the principles for determining the taxes and duties which may be appropriated by the Panchayats in that particular State? A. District Planning Committees. B. State Finance Commission C. Finance Ministry of that State. D. Panchayati Raj Ministry of that States. unacademy 2/25/19 62


  46. C Jatin Verma All Rights Reserved ion Article 243Y- Finance Commiss o The Governor of a State shall constitute a Finance Commission to review the financial position of the Municipalities to make recommendations to the Governor 1) the principles which should govern the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, and the allocation between the Municipalities at all levels of their respective shares of such proceeds the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipality the grants-in-aid to the Municipalities from the Consolidated Fund of the State unacademy 2/25/19 63


  47. O Jatin Verma All Rights Reserved Article 243Y- Finance Commission 2) the measures needed to improve the financial position of the Municipalities. ) any oter mrd othe FinanceComny he Governor in the interests of sound finance of the Municipalities. o The Governor shall place the SFC's report and an explanatory memorandum on the actions taken before the State Legislature. unacademy 2/25/19 64


  48. Jatin Verma All Rights Reserved Article 243Z- Audit of accounts of Municipalities o The State Legislature shall provide for 1. Maintenance of accounts of Municipalities 2. Auditing of accounts unacademy 2/25/19 65


  49. C Jatin Verma All Rights Reserved Article 243ZD- Committee for district planning o Not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, [i] the elected members of the Panchayat at the district level [ii] the elected members of the Municipalities in the district o This representation should be in proportion to the ratio between the population of the rural areas and of the urban areas in the district. o The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the State Government. unacademy 2/25/19 70


  50. C Jatin Verma All Rights Reserved Article 243ZD- Committee for district planning o Every District Planning Committee shall, in preparing the draft development plan, (a) have regard to-- (i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (ii) the extent and type of available resources whether financial or otherwise; (b) consult such institutions and organisations as the Governor may, by order, specify unacademy 2/25/19 71


  51. C Jatin Verma All Rights Reserved Article 243ZE- Committee for Metropolitan planning o A Metropolitan Planning Committee shall be constituted in every Metropolitan area to prepare a draft development plan for the Metropolitan area as a whole. o The Legislature of a State may, by law, make provision with respect (a) the composition of the Metropolitan Planning Committees; (b) the manner in which the seats in such Committees shall be filled (c) the representation of Central govt. State govt. and other institutions necessary for its functioning, (d) the functions relating to planning and coordination for the Metropolitan area (e) the manner of choosing Chairpersons of such Committees unacademy 2/25/19 72


  52. C Jatin Verma All Rights Reserved Article 243ZE- Committee for Metropolitan planning o Not less than two-thirds of the members of such Committee shall be elected by, and from amongst, [i] the elected members of the Municipalities and [ii] Chairpersons of the Panchayats in the Metropolitan area o This representation should be in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area. unacademy 2/25/19 73


  53. C Jatin Verma All Rights Reserved Article 243ZE- Committee for Metropolitan planning o Every Metropolitan Planning Committee shall, in preparing the draft development plan have regard to (i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area; (ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (iii) the overall objectives and priorities set by the Gol and the State Government (iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Gol and of the State Govt. and other available resources whether financial or otherwise; unacademy 2/25/19 74


  54. O Jatin Verma All Rights Reserved Article 243ZE- Committee for Metropolitan planning o Every Metropolitan Planning Committee shall consult suc.h institutions and organisations as the Governor may, by order, specify o The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by suclh Committee, to the State Government. unacademy 2/25/19 75


  55. O Jatin Verma All Rights Reserved 2nd ARC RECOMMENDATIONS SIXTH REPORT unacademy 2/25/19


  56. C Jatin Verma All Rights Reserved 6th report of 2nd ARC on local governance o Focus was on core principles for democratic decentralisation and make citizens and stake holders play a key role in decision making o Promotion of local democracy, which is much more than decentralisation and which seeks to build up local bodies as self-governing institutions. o Clear delineation of functions of various spheres of government and effective devolution of functions and powers. o The government should place before Parliament a framework law for local bodies on the lines of the South African Act for laying down the broad principles of devolution of power, responsibilities and functions to the local bodies. unacademy 2/25/19 81


  57. C Jatin Verma All Rights Reserved 6th report of 2nd ARC on local governance o A district council, representing both urban and rural areas, should be constituted and the District Collector should work as the chief secretary of the council while reporting to the State government for regulatory functions. This will ensure convergence of planning and developmental activities for rural and urban areas o Constitution ofa legislative council in each State which would comprise members elected by the local bodies in order to strengthen the voice of local bodies. o To reform the electoral process, the task of delimitation and reservation of constituencies should be entrusted to the State Election Commission. unacademy 2/25/19 82


  58. Jatin Verma All Rights Reserved 6th report of 2nd ARC on local governance o To strengthen local bodies' finances, a State Finance Commission o Local bodies should take total responsibility for the functions o For ensuring accountability and transparency in the functioning o Set up of a national commission of urbanisation to suggest steps be constituted in such a manner that it can take into account the recommendations of Central Finance Commission. entrusted to them under the Constitution and bodies such as electricity boards and water authorities made responsible to them of local bodies, a local body ombudsman be constituted to look into complaints of corruption and maladministration to deal with rapid urbanisation and direct election of Mayors by popular mandate. unacademy 2/25/19 83


  59. Jatin Verma All Rights Reserved DISTRICT COLLECTOR unacademy 2/25/19