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GOVERNMENT OF BIHAR

LAW (LE GISLATIVE ) DE P ARTME N T

[COPE SEOTIONf

Bihar Panchayat Samitis and Zila Parishads
Act. 1961

[BIH AR ACT VI OF 1962]

modified upto the 20th J une, 1970]

NIEPA

G0262
PRINTED BY THE SUPERINTENDENT SECRETARIAT PRESS. BIHAR. PATNA

1970

Price—Ee. 0.80 only.]

1 1

LIST OF AGE N TS F OR TH E YE AR 1970
(1) Messrs. Etwari Sahu & Sons, Maheiidru, Patna-6. (2) Messrs. Chaudhary & Sons, Law Book Sellers and Publishers,
P. O. Mahendru, Patna-6.
(3) Messrs. Western Liiw House, OM-Niwas, Opp. Amar Hotel,
Fraser Road, Patna-1.

(4) Messrs. Motilal Banarsidas, Book Seller, Bankipur, Patna. (5) Messrs. Pahuja Brothers, Law Book Sellers and Publishers,
Patna-6, (only for Patna High Court Compound).
(6) Messrs. Laxmi Trading Co., Padri-Ki-Haveli, Patna City. (7) Messrs. Pustak Mahal, Ranchi. (8) Messrs. Paper Stationery Stores, D. N. Singh Road, P. O.
Bhagalpur-2.
(9) Messrs. Raj Kamal Prakashan (Pvt.) Ltd., Patna-6.
(10) Messrs. Bengal Law House, Chowhatta, Patna-4. (11) Messrs. Bias Bijaya Press, Jail Road, Arrah.

M b . N a licn a l Syeteto* U n lfc

  • I -
  • E d u ca tion tl

0 C 0

  • X > O C .N o ...
  • ^

t > t e .............................................

MST^OP AMENDING AOIB.

  • 1.
  • Bihar Panohayat Samitis and Zila P arii^ads (Amendment)

Act, 1964 (Bihar Act IV o f 1964).

2. The Bihar P anohayat Samitis and Zila Pariahads (Amendment)
Act, 1970 (President Act n o. I o f 1970).

LIST OF ABBREVIATIONS tfSJJD.
Amendment. Government. Inserted.

jBovt.

Ina. ..

L. S.-G. No. .. P. .. Pt. .. Subs.
Local Self-Government. Number. Page. Part. Substituted.

  • Section.
  • S.
  • ..

Vol. ..
Volume.

1^;

Syattmm

Unte.

  • Nalicr><xl
  • .
  • r t 7 j ^ ^

P h r .n :-..-

  • D O C . N o
  • ‘
  • ■ ‘

G m » . . ......

THB BIHAR P ANOHATAT SAMTTIS AND ZILA P ARISHADS AGT,

1961.
[BIH AR ACT VT OF 1962.J

{At modified up to the 20th J uTie, 1970.)

CONTENTS. CHAPTER I.

P b b l i m i n

  • a
  • r

y .

Sections,

1. Short title, extent and oommenoement. 2. Definitions.

CHAPTER II.

C oN S T r r u n oN ,

  • I n o o k p o r a t i o i i ,
  • C o m p o s i t i o n ,

P o

  • w
  • e
  • r

s ,

  • u
  • n

c t i o n s ,

E TC., OP TH E P a N CH AYAT S a MITIS.

3. Declaration of Blocks. 4. Constitution of Panchayat Samitis.

5. Composition of Panchayat Samitis.

6. Associate members of Panchayat Samitis, 7. Term of office of members of a Panchayat Samiti and filling up of vacancies.

8. Election of Pramukh and Up-Pramukh of Panchayat Samiti and

filling up of vacancies.
9. Disqualification for becoming a member.
10. Cessation of membership of Panchayat Samiti. 11. District J udge to decide questions of disqualifications. 12. Resignation of Pramukh, Up-Pramukh or member. 13. Powers and functions of Panchayat Samiti.
13A. Levy of taxes.
14. Standing Committees. 16. Participation of certain officers in meeting of Panchayat Samiti and its Standing Committee.

16. Powers and f^mctions of the Standing Committee.

17. Powers of Panchayat Samiti and Standing Committeea to call for

u

Sections.

18. Rules for the conduct of the business at a meeting of a Panchc
Samiti or a Standing Committee thereof.

19. Powers and functions of the Pramukh and Up-Pramukh. 20. Block Development Officer. 21. Powers and functions of the Block Development Officer. 22. Emergency power of Block Development Officer. 23. Creation of posts of officers and other employees of Pancha,yi\
Samiti and appointments thereto.

24. Allowances to members? etc., of Panohayat Samiti or Standingl

  • Committees thereof.
  • |

25. Panchayat Samiti fund. 26. Income of Panchayat Samiti. 27. Expenses of Panchayat Samiti.

28. Budget of Panchayat Samiti. 29. Supplementary budget.

30. Gram Panchayats to submit their budgets to Panchayat Samitis

for approval.
31. Accounts and Audit. 32. Motion of n3-confidence in Pramukh or Up-Pramukh. 33. Power of GDvernment to remove Pramukh or Up-Pramukh. 34. Filling of vacancies caused up by action taken under sections 32 aad
33.

CH APTER III.

C o

  • n
  • s t i t
  • u
  • t

i o n , I n c o

  • r
  • p o
  • r

a t i o n , C o m p o s i t i o n , P o

  • w
  • e
  • r

s , F u

nc t i o n s , e t c .,

OP TH E ZiLA P a RISH AD.

35. Constitution, incorporation and composition of Zila Parishai. 36. Composition of Zila Parishad. 37. Term of office of msmbers of Zila Parishad and filling up of vacancies.

38. Election and term of office of Adhyaksha and Upadhyaksha of
Zila Parishad and filling up of vacancies.

38A, Vacatio:i of office in casa of more than one membership.
39. Disqualifications.
40. Resignation of Adhyaksha and Upadhyaksha or member,

Il l

Sections.

41. Powers and functions of Zila Parishad. 42. Standing Committees of Zila Parishad. 43. Participation of certain officers in meetings of Zila Parishad. 44. Powers and functions of the Standing Committees. 45. Powers of Zila Parishad and its Standing Committees to call for documents.

  • 46. Rules for the conduct of the business at
  • a
  • meeting of a Zila

Parishad and its Standing Committee.

47. Powers and functions of Adhyaksha and Upadhyaksha. 48. Secretary of Zila Parishad, his powers and functions. 49. Emergency power of the District Development Officer. 50. Creation of posts of officers and other employees of Zila Parishad and appointments thereto.

51. Allowances to members, etc., of Zila Parishad and Standing Committee thereof.

52. Zila Parishad fund. 53. Income of Zila Parishad.

54. Expenses of Zila Parishad.

55. Budget of Zila Parishad.

56. Supplementary Budget. 57. Accounts and Audit. 58. Motion of no-confidence in Adhyaksha and Upadhyaksha. 59. Powers of Government to remove Adhyaksha or Upadhyaksha.

CH APTER IV.

S t a t e

P a

  • n
  • c
  • h
  • a
  • y a
  • t
  • i

R a

j

B o

  • a
  • r

d .

60. Establishment of State Panchayati Raj Board and its powers and duties.

61. Disqualifications. 62. Resignation of Chairman of the Board or member,

It

CHAP TER V.

MrSOEXiLAlTEOUS.

Sections,

63. Selection of candidates for appointment t© certain posts t o be made by Committees constituted by the State Government.

64. Daties of the Collector in relation t o Panchayat Samitis and 55ila
Parishads.

65. Tp^nsfar of pov^ers and functions of district boards t o Panchayat
Samitis and Zila Parishads.

66. Abolition of district boards. 67. Application of the relevant provisions of B. & O. L.S.-G. Act of
1885 to Panchayat Samitis and Zila Parishads.

68. Power t o cancel or suspend resolution of a Panchayat Samiti or a
Zila Parishad.

69. Power of Government t o supersede or dissolve a Panchayat Samiti or a Zila Parishad.

70. Acts of Panchayat Samitis and Zila Parishads not t o b© invalidated by informality, va cancy, ©to.

71. Oath of allegianoe t o bo taken by momb©r8. 72. Administration Report. 73. Powers of entry of inspecting officers. 73A. Adhyaksha, Pramuk, ©to., t o b pbli rvant. 74. Protection of acts don© in good faith.
75. Power t o make roles.

76. Power o f Panohay«6 Samiti and Zila Parisha<) to make bye-law#.

V

SecUona,

77. Delogafcion of powers and power to transfer institutions and works.
78. Power of revision and review by State Government. 79. Power to remove difficulties. 80. Saving in respect of Block Development Committe©. 81. Barring of jurisdiobion of courts in all matters, relating t o elections, co-options and nominations.

TheScheduIe.
[BIH AR ACT VI OF 1962.]

THE BIH AR PANCHAYAT SAMITIS AND ZILA PARISHADS ACT,
1961.1

(As modified up to the 20th J une, 1970 )

[Assented to by the Governor on the \ lth February, 1962 and first 'published in the Bihar Gazette, Extraordinary of the \ Qth March,

AN ACT

TO P ROVIDE FOR THE CONSTITUTION OF P AN CH AYAT SAMITIS AN D ZILA
P ARISH ADS AND MATTERS IN CIDE N TAL TH E RE TO.

B e it enacted by the Legislature of the State of Bihar in the
Twelfth Year of the Republic of India as follows :—

CHAPTER I.

P r

  • e
  • l
  • i m i n
  • a
  • r

y .

  • 1.
  • Short title, extent and commencement.—(1) This Act may be called

the Bihar Panchayat Samitis and Zila Parishads Act, 1961.

2[(2) It extends to the whole of the State of Bihar : Provided that save as otherwise expressly contained in this Act nothing therein shall apply to any local area to which the provisions of the Patna Municipal Corporation Act, 1951 (Bihar Act XIII of 1952) apply or any area which has been or may hereafter be constituted a Municipality or a Notified Area under the provisions of the Bihar and Orissa

  • Municipal Act, 1922 (B. & 0 . Act VII of 1922),» or
  • a

Cantonment under the provisions of the Cantonments Act, 1924 (Act II of 1924)4.]

1. F or Sbafcemant of O bject s a iiR 3 a ?oa 5 , seet h e Bih a r Ga zette, E xt r a or din a r y, of th e
18th Apr il, 1961; for Kepor t o f th e J oin t Select Com m ittee, «ee th e Bih a r Gazette, E xt r a or din a r y, of th e 7th Septem ber , 1961.

  • 2. Subs, b y s.
  • 2
  • of th e Bih a r P a n ch a ya t Sam itis an d Zila P a rish a ds (Am dt .) Ap| ;,

  • o f 1964) for su b-sect ion (2).
  • 1964 (B ih a r Act
  • 4

3. P r in t ed in Bih a r Code, Vol. I I I . 4. P r in t ed in In d ia Code, Vol. I, P t . X I V , p. 17,

  • *
  • [Bihar Aet

[Th» Bihar Pmchayai, Samitis and Zila Pariahais Aot, 1961].
{See. 2).

  • (3)
  • It shall corn© into force on such date and in such area, aa

the State Government may, by notification in the Official Gazette, appomt and it may appoint different dates for different areas and for different provisions.

  • 2.
  • Definitions. ^In this Act, unless there is anything repugnant

in the subject or context,—

(o) AdhyaJcsha and *UpadhyaJc8ha* shall mean respectively the

•AdhyaJcsha* and ^Upadhyaksha* of a Zila Parishad ;

(6) ‘Block’ means the area declared under section 3 to be a Block j (c) Block Development Officer* means the officer appointed as such under section 20 ;

  • (d) 'co-operative society* means
  • a
  • society registered under the

law relating to co-operative societies for the time being in force ;

(c) district board’ means a district board constituted under the
Bihar and Orissa Local Self-Government Act of 1885 (Ben. Act III of 1885)^ ;

(/) District Development Officer* means the officer appointed as such by the State Government ;

iff) Oram Panchayai* means a Oram Panchayat constituted under

the provisions of the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948)*;

^[{99) *Karya Samiti* means the Ka rya Samiti of the Bihar Stat ©

Pan^hayai Parishad referred to in clause (a2) of section
2 of the Bihar Panchiyat Raj Act, 1947 (Bihar Act VII of 1948) ;]

  • (A) ‘municipality* means
  • a
  • municipality constituted under the

provisions of the Bihar and Orissa Municipal Act, 1922 (B. & 0 . Act VII of 1922) ;

  • (♦) ‘Notified Area Gommittee* means
  • a
  • committee constituted

under the provisions of section 388 of the Bihar and Orissa Municipal Act, 1922 (B. & O. Act VII of 1922)* ;

1. P r in t ed in Bih a r Code, Vol. I I . 2. P r in t ed in Bih a r Code, Vol I V . 8. In s. b y 8. 3(*) o f t h e Bih a r P a n ch a ya t Saipaiti? w d Zila PariehadB (Ain dt .) Act#
19o4| (Bih a r Act

4

o f 1964).

^ ^Print^ in B iW Ood*. VoL IIL

VI of 1962.]

[Th6 Bihar Panchayai ScmiUa and Zila Pariahads Ad , 1961.]

t

{Sec, 3.)
(j) ‘Pramukh* and ‘ Up’ P r a m u W mean respectively the *Pramukh* and *Up-Pramukh* of a Panchayat Samiti ;

(jfc) ‘Panchayat Samiti* means a Samiti constituted under sectio*
4 ;
(Z) ‘prescribed’ means prescribed by rules made by the State
Gk)vernment under the provisions of this Act ;

^[(M) ‘residing in* or ‘resident of’ shall have the same meaning as assigned to ‘ordinarily resident’ in section 20 of the* Re presentation of People Act, 1950 (Act 43 of 1950) and an entry of the name of such resident in th^ electoral roll for the time being in force, of the Assembly Constituency of the Block or th» district shall be conclusive pr oof of such residence;]
{m) ‘Scheduled Castes’ means such castes, races or tribes or p a r t of or groups within such castes, races or tribes as ar» specified in Part II of the Schedule to the Constitutio* (Scheduled Castes) Order, 1960 ;

(n) ‘Scheduled Tribes’ meaES such tr bes or tribal communitie* or parts of or groups within such tribes or tribal communities as are specified in Part II of the Schedule to the Const tution (Scheduled Tribes) Order, 1950 ; and

(o) *Zila Parishad* means

  • a
  • Zila Parishad constituted under

section 35.

CHAPTER n . f 1

  • P o
  • C o

  • n
  • s t i t
  • u
  • t

  • i o n ,
  • I k c o e p o e a t i o n ,
  • C o m p o s i t i o n ,

  • w
  • e
  • r

s , F u

nc t i o n s ,

E TC ., OF TH E P a N CH AYAT S a MITIS.

'm

  • 3.
  • Declaration of Blocks.—(1) For the purposes of this Act, th«

State Government may, by notification in the Official Gazette,—
(а) declare any area within the same district to be a Block a jid name the B ock,
(б) include any area within the same district in declared,

  • a
  • Block so

(c) exclude any area from any such Block, or

1. In a. b y «. 3(«*) o f t be B ib »r Fanchayat Samiti^ an d ZHa Fariehad^ (Arndt.) A ct, lO M (Bih a r of 1964).

4

S. F rm i«d in India Code, YoU Y l, F t. V I, p. 3,

  • 4
  • [Bihar Act

\ The Bihar PancUayat Samitis and ^ ila Parishads Act, 1961.]
{Sec, 3)

{d) transfer any area from one Block to another within the same district :

Provided that before issuing any notification under clause (6),
(c) or {d), the State Government shall consult tne concerned

Panchayat Samiti and Zila Parishad, if any, and whepe no Panchayat Samiti for any Block or Zila Parishad for

the district has been constituted, the concerned Bloc^ Development Committee and the District Development Committee, if any, constituted under the orders of the State Gk)vemmentJ.

(2) When, under sub-section (1), any area is included in a Block, the Pancllayat Samiti for that Block shall have jurisdiction over such area and all rules, orders, directions, notifications and notices made or issued under this Act and in force throughout the Block at the date of such inclusion, shall apply to the area so included from that

  • date,
  • unless the State Government directs otherwise.

(3) When, under sub-section (1), any area is excluded from a Block, such area shall, as from the date of such exclusion, cease to be subject to the jurisdiction of the Panchayat Samiti of that Block and the ruxes, orders, directions, notifications and notices made or issued under this Act and in force therein shall cease to apply to such area.

(4) (i) When, under sub-section (1), any area is transferred from one Block to another, such area shall as from the date of such transfer cease to be subject to the jurisdiction of the Panchayat Samiti which, previously to such transfer, had jurisdiction therein and the rules, orders, directions, notifications and notices made or issued under this Act and in force therein shajl cease ^to apply to such area.

  • (u)
  • Every area so transferred shall, as from the date of such transfer

be subject to the jurisdiction of the Panchayat Samiti of the Block to which such transfer has been made and the rules, orders, directions, notifications and notices made or issued under this Act and in force therein shall apply to such area, and the State Government may, by order, place at the disposal of the Panchayat Samiti of the Block to which such area has been transferred, such portion of the assets of the Panchayat Samiti from whose jurisdiction the area has been transferred, as it may deem proper.

  • 1. Subs, b y s.
  • 4
  • of th e Bih a r P a n ch a ya t Sa m itis a n d Zila P arish a ds (Am dt .) Act ,

  • o f 1964) for t h e or igin a l pr oviso.
  • 1964 (Bih a r Act
  • 4

VI of 1962.]

[The Bihar Panchayat Samitis and Zila Panshads Act, 1961*]

s

{Secs. 4-5.)

  • The State Government may, for the purposes of the foregoing
  • (5)

sub-se-tions, make such temporary orders and give such temporary directionf, as it may consider necessary.

  • 4.
  • Constitution of P .n ch ^ ya , Stmitis.—(1) The State Government

Panchayat

  • may, by notification in the Official Gazette, consitute
  • a

Samiti for a Block with effect from such date as may be specified therein.
(2) Every Panchayat Samiti shall bear the name of the Block for

  • which it is constituted and be
  • a
  • body corporate having perpetual

succession and a common seal, with power to aoquire, hold and dispose of property and to enter into contracts and may, by its corporate name, sue and be sued.

(3) The State Government may, by notification in the Official
Gazette, change the nam3 of a Block after consulting the Panchayat Samiti for the Block, if any.

  • (4) If, after
  • a
  • Panchayat Samiti is constituted for a Block under

sub-section (1), the Block is redelimited, the State Government may reconstitute the Panchayat Samiti for the redelimited Block under that sub-section :

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    Identification and Validation of Leprosy Colonies in India: A Study Report Identification and Validation of Leprosy Colonies in India (A Study Report) March 2020 Sasakawa-India Leprosy Foundation IETE Building, II Floor 2, Lodhi Road, Institutional Area, New Delhi, 110003 www.silf.in End Discrimination, Spread Smile........... Page 1 Identification and Validation of Leprosy Colonies in India: A Study Report Table of Contents Sl. Description Pg. No. No. 1 Introduction 4 2 Objectives of the Study 5 3 Limitation of the Study 5 4 Methodology and Approach of the Study 5 4.1 Reaching Out the Major Stakeholders for Cooperation and Available Data 5 4.2 Source of Data 6 4.3 Scope of the Study 6 4.4 Study Method and Tool 6 4.5 Study Variables 6 4.6 Data Collection 7 5 Study Findings 8 5.1 Number of Colonies in the Country 8 5.2 Number of Families and Population Size of the Colonies 21 6 Major Learning and Challenges of the Study 25 7 List of Tables 1. Number of Colonies in the Country 8 2. Rehabilitation Centre and Hospital cum Rehabilitation Centre 11 3. Number of Districts with Colonies as Against Total Number of 18 Districts in the State/UT 4. District with Highest Number of Colonies and Their Demographic 19 Profile 5. Demographic Information of the Colonies 22 End Discrimination, Spread Smile........... Page 2 Identification and Validation of Leprosy Colonies in India: A Study Report 6. Information of the Affected Persons in the Colonies 24 8 List of Annexure 1. Study Tool: Survey Questionnaire 30 2.
  • Linkages, Conflicts and Dynamics Between Traditional, Developmental

    Linkages, Conflicts and Dynamics Between Traditional, Developmental

    Development Research Center on Citizenship, Participation and Accountability Linkages, Conflicts and Dynamics Study Report No. Institutional Spaces and Participation in Local Forest Management in Uttaranchal 3 PRIA Linkages, Conflicts and Dynamics Study Report No. Institutional Spaces and Participation in Local Forest Management in Uttaranchal 3 Ranjita Mohanty PRIA New Delhi First Published by PRIA in March 2004 All rights reserved, No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage or retrieval system, without prior written permission of the publisher Foreword Development Research Centre (DRC) on Citizenship, Participation and Accountability is a research partnership based at the Institute of Development Studies (IDS), Sussex, U.K, which brings together research institutions and practice based civil society groups from India, Brazil, South Africa, Mexico and Nigeria from the South and the U.K from the North. DRC project explores the issues of poverty, exclusion and marginalization within the framework of rights and citizenship. 'Making rights real for poor people' is what DRC project aims at and it seeks to contribute to this goal through research, dissemination, policy influence and capacity building. PRIA entered into this partnership in 2001. As part of DRC, PRIA continues to conduct research studies relating to various aspects of citizenship, participation and accountability. We are happy to bring out this publication as part of DRC study report series and we do hope that the readers will find this exercise beneficial. March, 2004 Rajesh Tandon President, PRIA New Delhi Preface & Acknowledgments Recent times witness many new ways through which people's engagement in development is sought by the state.
  • CHAPTER III Panchayati Raj Institutions

    CHAPTER III Panchayati Raj Institutions

    CHAPTER III Panchayati Raj Institutions Act 9. Establishment of Panchayat.- (1) The State Government may, by notification in the Official Gazette, declare any local area, or a cantonment board constituted under any law for the time being in force to be Panchayat Circle and for every local area declared as such there shall be a Panchayat. (2) Every Panchayat Shall, by the name notified in the Official Gazette, be a body corporate having perpetual succession and common seal and shall, subject to any restrictions and conditions imposed by or under this act or any other law, have power to acquire, by purchase, gift or otherwise, to hold, administer and transfer property, both movable and immovable, and to enter into any contract and shall, by the said name, sue and be sued. (3) The State Government may, at any time, after one month's notice published in the prescribed manner either on its own motion or at the request of the Panchayat or of the residents of the Panchayat Circle, and by notification in the Official Gazette, change the name 1[or place of office] of any such Panchayat. 10. Establishment of Panchayat Samiti.- (1) The State Government may, by notification in the Official Gazette, declare any local area within the same district to be a block and for every block declared as such there shall be a Panchayat Samiti having jurisdiction, save as otherwise of the provided in this Act, over the entire block excluding such portions of the block as are included in a Municipality or a cantonment board constituted under any law for the time-being in force: Provided that a Panchayat Samiti may have its office in any area comprised within the excluded portion of the Panchayat Samiti.
  • Uttarakhand Development Report

    Uttarakhand Development Report

    KH RA AN A D T T U Uttarakhand Development Report PLANNING COMMISSION GOVERNMENT OF INDIA NEW DELHI Published by ACADEMIC FOUNDATION NEW DELHI First Published in 2009 by e l e c t Academic Foundation x 2 AF 4772-73 / 23 Bharat Ram Road, (23 Ansari Road), Darya Ganj, New Delhi - 110 002 (India). Phones : 23245001 / 02 / 03 / 04. Fax : +91-11-23245005. E-mail : [email protected] www.academicfoundation.com a o m i t x 2 Published under arrangement with : Planning Commission, Government of India, New Delhi. Copyright : Planning Commission, Government of India. Cover-design copyright : Academic Foundation, New Delhi. © 2009. ALL RIGHTS RESERVED. No part of this book shall be reproduced, stored in a retrieval system, or transmitted by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of, and acknowledgement of the publisher and the copyright holder. Cataloging in Publication Data--DK Courtesy: D.K. Agencies (P) Ltd. <[email protected]> Uttarakhand development report / Planning Commission, Government of India. p. cm. Includes bibliographical references. ISBN 13: 9788171887767 ISBN 10: 8171887767 1. Economic development--India--Uttarakhand. 2. Uttarakhand (India)--Economic policy. 3. Uttarakhand (India)-- Social policy. 4. Uttarakhand (India)--Social conditions. I. India. Planning Commission. DDC 338.95451 22 Designed and typeset by Italics India, New Delhi Printed and bound in India. RAKHA TA N T D U Core Committee The Core Committee constituted on 1st January 2002 under the chairmanship of Shri N.K.Singh was as follows: 1 Member (N.K. Singh) Chairman 2 Principal Adviser (SP) Member 3 Planning Secretary, Uttarakhand Member 4 Joint Secretary (SP) Member 5 Representative of other Partner Agency Member 6 Director (SP) Convener The Core Committee which was later reconstituted on 6th August, 2004 under the chairmanship of Dr.
  • 1 State-Wise Regulations

    1 State-Wise Regulations

    Democracy and Demography: Societal Effects of Fertility Limits on Local Leaders ONLINE APPENDIX by S Anukriti and Abhishek Chakravarty 1 State-wise Regulations 1. Rajasthan:1 According to the the Rajasthan Panchayati Raj Act, 1994, “...Every person registered as a voter in the list of voters of a Panchayati Raj Institution shall be qualified for election as a Panch or, as the case may be, a member of such Panchayati Raj Institution unless such person-...(l) has more than two children.”...“The birth during the period from the date of commencement of the Act (23rd April, 1994), hereinafter in this proviso referred to as the date of such commencement, to 27th November, 1995, of an additional child shall not be taken into consideration for the purpose of the disqualification mentioned in Clause (l) and a person having more than two children (excluding the child, if any, born during the period from the date of such commencement to 27th November, 1995) shall not be disqualified under that clause for so long as the number of children he had on the date of commencement of this Act does not increase.” 2. Haryana: According to the 1994 Act2, “...No person shall be a Sarpanch or a Panch or a Gram Panchayat or a member of a Panchayat Samiti or Zila Parishad or continue as such who– (q) has more than two living children: Provided that a person having more than two children on or upto the expiry or one year of the commencement of this Act, shall not be deemed to be disqualified.” Prior to revocation:3 “Person shall be disqualified for being elected to a
  • Women in Panchayat

    Women in Panchayat

    WOMEN IN PANCHAYAT Dr Rajesh Kumar Sinha Reservation for women in PRIs provided by 73rd CAA and subsequent increase in the quota by States have brought an unprecedented huge number of women in governance arena in India. Women’s political empowerment of such magnitude is among the best in the world. A quarter century has passed since the above-mentioned Act came into force and in most of the States fourth or fifth generation of Panchayats are in place. Women leadership in Panchayats which started with a shaky beginning has definite signals of getting well established and recognised. omen constitute half of the population. their participation at the lower level of governance Issue of political empowerment of structure2. In the domestic arena leadership and Wwomen has attracted global attention. managerial skills of women are silently recognized The United Nations (UN) adopted Convention on however, they are not given space in the public the Political Rights of Women in 1952. UN has arena. While other marginalized communities organized four World Conferences on Women. such as Scheduled Castes and Scheduled Tribes got Fourth was held in Beijing in 1995 and it declared reservations in the Parliament and State Legislative that women’s equal participation in decision Assemblies, no reservation for women was given making is not only a demand for simple justice or in the Constitution of India in the beginning which democracy but can also be seen as a necessary restricted their political empowerment. condition for women’s interests to be taken into account. It also affirmed that women should have Constitutional Provisions: at least a 30% share of decision making positions.1 Article 15 (3) to the Constitution of India However, participation of women, in general, empowers State to make special provisions for in politics and public life in India has been abysmally women.
  • Fifth Schedule

    Fifth Schedule

    Land and Governance Under the Fifth Schedule An Overview of the Law Contents Preface iii Foreword iv Introduction 01 Part I: The Fifth Schedule and its Provisions 04 The Fifth Schedule in the Constitutional Design 04 Brief Outline of the Fifth Schedule Provisions 12 What are Scheduled Areas? 14 Criteria for Declaring an Area as a Scheduled Area 15 Role of the Governor 17 Role of the Tribes Advisory Council 22 Part II: The Panchayats (Extension to Scheduled Areas) Act, 1996 23 Essential Ingredients of the Law 24 The Spirit of PESA 25 Definition of a Village 28 Consultation 29 Minor Minerals 32 Minor Forest Produce 35 Minor Water Bodies 38 Prevention of Land Alienation 41 Control over Institutions, Functionaries and Planning 46 Reservations 48 Additional Powers 50 In Summation 52 Part III: Testing the Law Against Reality 57 Land Alienation and Acquisition 57 Forests 63 Environmental Damage and Destruction of Livelihoods 67 Mining 69 Urbanisation in Scheduled Areas 74 Conclusion 77 Appendices 79 Appendix A: Fifth Schedule to the Constitution of India 80 Appendix B: Notification dated 30.10.2014 issued by Governor of Maharashtra 82 Appendix C: List of State level laws/regulations on prevention of tribal land alienation and its reformation 87 Abbreviations 93 Source: Census of India 2011 Introduction In Part I of the present compendium, we examine the Fifth Schedule of the Constitution and its various provisions. Article 244 of the Constitution of India read with two Schedules – the Fifth and Sixth Schedules – to the Constitution of India provide special arrangements for areas inhabited by Scheduled Tribes.
  • The Higher Courts After Applying Right to Water Largely for Pollution Prevention in an Urban Context for a Long Time, Have Lately Felt the Urge to Take It Further

    The Higher Courts After Applying Right to Water Largely for Pollution Prevention in an Urban Context for a Long Time, Have Lately Felt the Urge to Take It Further

    FINAL REPORT WATER-FOREST MANAGEMENT, LAW AND POLICY IN UTTARANCHAL Issues, Constraints, Opportunities VIDEH UPADHYAY June 2006 2 WATER-FOREST MANAGEMENT, LAW AND POLICY IN UTTARANCHAL Issues, Constraints, Opportunities CONTENTS Introduction: The Study………………………………………………………………………………... 5 I. INTEGRATED RESOURCE MANAGEMENT & LAW IN UTTARANCHAL…………………5-9 The Policy - Law Disconnect on Integrated Natural Resource Management Integrated Water Resource Management and Draft State Water Policy Integrated Forest Management and Some Concerns II. THE UTTARANCHAL STATE WATER LAW REGIME……………………………………. 9-24 The National Law and Policy Context on Water The Constitutional Mandate on Water Rights Water Rights for Participatory Management Recent Central Government Initiatives and Implications in Legal Policy ‘Swajaldhara’, Haryali and Some legal - Institutional Issues Landmarks in State Water Law in pre-Independence Period Nayabad and Wasteland Grant Rules Kumaoan Water Rules 1917 Kumoan Water Rules of 1930 Landmarks in State Water Law in post-Independence Period Kumaoan and Uttarakhand Zamindari Abolition Act 1950 The Uttaranchal Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963 Kumaon and Garhwal Water (Collection Retention and Distribution) Act 1975 The Uttaranchal Water Supply and Sewerage Act, 1975 Emerging Directions in Water Law and Policy Rural Water Supply under ‘Swajal’ –Institutional Design, 73rd Amendment Imperative and some Questions Proposed new Ground Water Law and Participatory Management Formal Irrigation Associations: Why and in What Form? The Draft State Water Policy: Some Fundamental Assertions Critically Examined Water as a Basic Human Right: Its meaning for 4734 ‘Bastis’! Raising the Ownership Question: Need and Validity Traditional Water Resources, the Customary Rights Question and the Arbitrary provision in the 1975 Act Water Conflicts Resolution Mechanism III.