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   Frequently Asked Questions
1.

What is the difference between mandatory provisions and discretionary provisions of  the 73rd Constitutional Amendment Act?

 

The mandatory provisions of the 73rd Constitutional Amendment Act (CAA), 1993 are obligatory for all the states and discretionary provisions are left to the states to take decisions keeping in mind their socio-economic context.

2.

What role is envisaged for the Gram Sabha?

 

The Gram Sabha is a constitutional body consisting of all persons registered in the voter lists of a village Panchayat. It has the responsibility to take decisions in common public interest, and to monitor the performance of elected representatives and government officials.

3.

What are the powers, authority and responsibilities of Panchayats?

 

Subject to  the  provisions of this Constitution, the Legislature of  a  State may, by  law, endow the Panchayats with such powers and authority  as may  be  necessary to  enable them to  function  as   institutions  of self-government, and such law may contain provisions for the devolution of  powers  and  responsibilities upon the Panchayats 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;
(b)  the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the 11th Schedule

 

4.

What are the possible areas in which Panchayats can contribute to  local development?

 

According to the 11th schedule, Panchayats can contribute in the following areas:

1. Agriculture, including agricultural extension
2. Land improvement, implementation of land reforms, land consolidation and soil conservation
3. Minor irrigation, water management and watershed development
4. Animal husbandry, dairying and poultry
5. Fisheries
6. Social forestry
7. Minor forest produce
8. Small-scale industries
9. Khadi,village and cottage industries
10. Rural housing
11. Drinking water
12. Fuel and fodder
13. Roads, culverts, bridges, ferries, waterways and other means of communication
14. Rural electrification including  the distribution of electricity
15. Non-conventional energy source
16. Poverty alleviation programme
17. Education including primary and secondary schools
18. Technical training and vocational education
19. Adult and non-formal education
20. Libraries
21. Cultural activities
22. Market and fairs
23. Health and sanitation, including hospitals, primary health centers and dispensaries
24. Family welfare
25. Women and child development
26. Social welfare including welfare of the handicapped and mentally retarded.
27. Welfare of the weaker sections, and in particular of the scheduled castes and tribes
28. Public distribution system
29. Maintenance of community assets

5.

Why are State Finance Commissions important in the devolution of finances to Panchayats?

 

The State Finance Commission (SFC) besides arbitrating on the claims to resources by the state government and the local bodies, would ensure as  stable and predictable mechanism for the smooth transfer of resources.

6.

How can reservation of seats in PRIs facilitate the empowerment of women and Dalits?

 

The reservations of seats can facilitate the empowerment of women and Dalits, by first getting them elected to PRIs and then providing examples as role models, by way of a trickle-down effect, to empower all marginalised women and Dalits everywhere.

7.

What is Panchayat Extension in Scheduled Areas (PESA)?

 

 The Panchayats (Extension to the Scheduled Areas ) Act, 1996 (PESA) is an  Act which  extends the Part IX of the Constitution relating to Panchayats to Scheduled Areas. This means that through the PESA Panchayats has been extended to the Scheduled Areas in general, however, it would be subject to the exceptions and modifications that are mentioned in the Act. It extends Panchayats to the tribal areas of eight States, namely Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Orissa and Rajasthan. This has come into force on 24th December, 1996. Under the Act, the Gram Sabha has been vested with powers for :-

  a. Ownership of minor forest produce
  b. Development plans approval
  c. Selection of beneficiaries under various programmes
  d. Consultation on land acquisition
  e. Manage minor water bodies
  f. Control mineral leases
  g. Regulate/prohibit sale of intoxicants
  h. Prevent alienation of land and restore unlawfully alienated land of STs
  i. Manage village markets
  j. Control money lending to STs
  k. Control institutions and functionaries in all social sector.

8.

In what ways can the Right to Information Act  help in improving the accountability of Panchayats?

 

The Right to Information includes the right to inspect works, documents, records; take notes, extracts or certified copies of documents or records; take certified sample of materials; and obtain information in the form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts. PRIs have the powers related to planning and implementation of 29 subjects covering social justice and economic development.  It is important to have information pertaining to development projects, especially receipt of funds, bills, muster rolls, vouchers, estimates and measurement books, the criteria/procedures for selection of beneficiaries. It will have empowering effects on the recipients of such services. Not only would this potentially create interest among the people, this will improve their participation and strengthen their stake in the decision-making processes.

 
 
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