INTRODUCTION

Govt.of India is at three levels as it is a federal country. At

the top there is central government or union government.,
state government in the middle and local government at grass
root. Local government forms an indispensible part of
governance in India.
Towns and villages are two distinct entities in India . They
have different needs and problems. The main requirements of
towns are housing, transport, communication, water supply,
sanitation, slum clearance and town planning where as that of
village are agriculture, irrigation, animal husbandry and the
like. Hence, urban local governmentin town and panchayat
raj in villages serve the specific needs of the concerned.
Local Government-definition
The term local government means management of local
affairs by people of the locality. It means the government
freely elected by local bodies which are endowed with power,
discretion, and responsibility to be exercised and discharged
by them with and control over their discretion by any other
higher authority.
It is territorial non sovereign community possessing the legal
right and necessary organizations to regulate its own affairs.

7th Schedule of constitution

Local government is the constitution of municipal
corporations, improvement trust district board, mainly settled
authorities and other authorities for the purpose of local self
government and village administration.
General Clauses Act
Local government means the person authorized by law to
administer executive government in the part of British India in
which the Act or regulation contrary the expression operates
and shall include in chief commissioner.
ESSENTIALS
1. Statutory status.
2. Power to raise finance by taxation in the area under its
jurisdiction.
3. Participation of community in decision making.
4. Freedom from central control.
5. It a general purpose in contract to single purpose
character.
CHARACTERISTICS
 The territorial area is fixed by legislation and jurisdiction
is well defined. It may be town or village or city. It has
statutory status.
 Elected representation of people residing in that area.
 Representatives are accountable to the people.
 It provides civil amenities to the door step of the people.
 Involvement of people in development.
 Enables individual to take part in decision making.
 Encourage trained talented people to become leader.
 It responds to the physical, economic and cultural needs
of locality.
 Autonomy with in its limits.
 Acts as intermediary between people and government.
 Creates public opinion in favor of development efforts.
 Opportunity for group communication.
 Empowerment.
 Raise revenue from taxation and use it for welfare
activity.
Panchayats and municipalities are subject matter of local
government.
Panchayat includes – Gram Panchayat, samithis, and zilla
parishad.
Municipality- MunicipalCorporation, municipal council,
Notified area committees, town area committees, cantonment
boards and township.
They have separate legal existence. They function with in
defined areas and are elected by in habitation of that area.
They have decision making capacity and authority. They are
accountable to people. They have power to raise funds from
taxes rates, charges, and fees.
SCOPE OF PANCHAYAT
Rural development, Hierarchy is Gram Panchayat, samithis,
and zilla parishad and their formulation, election, and
functions.
SCOPE OF MUNCIPALITY
 Study phenomenon of urbanization and its problem.
 Urban planning.
 Structure of urban government and their classification,
municipal legislation, personal management, financial
administration, state local relations.
SCOPE Under
Art 4 of European charter of local self government 1985.
 Public responsibility shall generally be exercised in
preference by those authorities which are closest to
citizen.
 Local authority shall have full discretion to exercise their
inititative with regard to any matter which is not
excluded from their competence andnot assigned to any
other authority.
 Power given to local authority are full and exclusive and
will not be limited by central or regional authority except
any provided by law.
 Local authority can exercise power by considering local
situation.
 Local authority shall be consulted in planning and
decision making process for all matters which concerns
them directly.
TYPES AND KINDS OF LOCAL GOVERNMENT.
Unitary decentralized(partners)
Followed in England and Scandinavian countries.
The relation between central government and local
government is not of omnipotent controlling authority
and its agents but of partners in an entrepreneur carrying
on of efficient administration. It must be based on
equality and division of powers and must work for
effective administration.
Nepolenic perfect local government
Followed in France. It is highly centralized. All
authority converse inward and upward. It can be
characterized in the form of a perfect pyramid.
Federal decentralized system
Followed in USA, Canada, and Australia.
There is local self determination according to which
every community is given a substantial measure of
freedom in administration of its affairs. Decree of
autonomy vary from a country to country but in all cases
a considerable degree of local independence prevails.

Post colonial system of local government.

Dynamic democracy can grow only out of meaning ful
relationship and spontaneous organization that spring up
among the people when they come together at local level
to solve their basic problems by cooperation among
themselves as they believe that democracy can exist only
on trust.
Difference between Local government and local self
government.?
LG- Administration of local communities with limited
power.
LSG- mode of administration of local bodies by elected
representation as provided on statues.
LG- Deconcentration. LSG – Decentralization.
LG - Dual character as unit of state.
LSG – Singular as detached from state.
LG – Official appointed by central authorities and local
councils have disciplinary control
LSG – Responsible only to people
LG - Less autonomy.
LSG – Autonomy.
LG – Central authority have power to remove and
dismiss.
LSG – Central authority do not have power to suspend or
dismiss.
In India difference between them are very less and are
used interchangeably.
IMPORTANCE of LSG
1. Provides for democracy.
2. Local problem solved at local level.
3. It lessens the burden of central government.
4. Members are close and intimate to people and there is
free from corruption and they act with social welfare.
5. Economic planning can be done more efficiently as
economic problem can be identified.
6. It develop community participation.
Theory of decentralized local self government.
Decentralization is the transfer of part of the powers of
the central government to regional or local authorities.
Decentralization comes from the recognization that
less centralized decision making would make national
public institutions more effective and that it would
make local governments and civil society more
competent in the management of their own affairs. It
has contributed from moving away from the bias
towards urban area in matter of development, it has
reduced poverty and development of areas. It
increases transparency ,accountability and response
capacity of institution.
Essentials
 1. Greatest number of decisions should be made in the
field officers must be selected and trained as to
develop the capacity to decide the question on the
spot.
2. Decentralized administration must develop as fair as
possible by the active participation of the people
themselves.
3. Co-ordination of the work of various agencies in the
field should be made in the field itself because
central co-ordination means delays, jealousies and
jurisdictional disputes.
FORMS OF DECENTRALISATION
POLITICAL
Political decentralization aim to give citizens or their elected
representatives more power in public decision making. It
requisites constitutional or statutory reforms, the
development of pluralistic political parties, the
strengthening of legislation, creation of local political unit
and the encouragement of effective public interest group.
Administrative

It involves partial or full transfer of an array of functional

responsibilities to the local level such as health care services,
the operation of schools, the management service personnel,
the building and maintenance of road, and waste
management.
Forms of administrative decentralization.
1. Deconcentration: it is used in unitary states. It
redistributes decision making authority and financial
 management responsibility among different levels of
central government.
2. Delegation: it involves transfer of responsibility for
decision making and administration of public functions
from the central government to semi autonomous
organization that are not controlled by the central
government but are accountable to it.
3. Devolution
It includes transfer of significant power including law making
and revenue raising by law to tie locally elected bodies. The
a. The powers are transferred to autonomous
units
b. They have power to collect tax to perform their
function.
c. They maintain control over a recognized
geographical area.
d. Mutually beneficial coordinate relationship
subsits between centre and state.
FISCAL Decentralization
It is the transfer of funds to deliver decentralized function and
revenue generating power and autonomy to decide on
expenditure.
1. Self financing or cost recovery through user
charge.
2. Users participate in providing services and
infrastructure through monetary or labour
contribution.
3. Expansion of local revenue through property
or salestaxes or indirect charges.
4. Authorization of municipal borrowing and
mobilization of either national or local
government resources through loans.
 5. Inter government transfers that shift general
revenues from taxes collected by
government. to local government for general
or specific cases.
Economic/market decentralization
It is passing over of to the private sector of the functions
exclusively performed by government .it is manifested
through privatization and deregulation. Privatization means
transfer of functions from public to non government
institutions.Deregulation – reduces the legal control on
private participation in service provision or allows
competition among private suppliers for services that in the
past had been provided by government or regulated by
monopolisation.

HISTORICAL DEVELOPMENT OF VILLAGE

ADMINISTRATION IN ANCIENT INDIA.
Pre vedic Period
Old stone age : man had no fixed residence.
Middle stone age : communities were hunters food
gathers but practiced agriculture.
New stone age :first village was established.
VEDIC PERIOD ( 1500B.C. – 600 B.C.)
Kingship consolidated itself as the normal form of
government. villages came under the rule of king. Rigveda
is suggest there were self governing village bodies called
sabhas and later it became panchayats or elected council of 5
members and had powers of executive and judiciary. Three
officers called Gramani (village headman), purohitha (royal
priest), and senani (general) were members who headed the
panchayats.

GRAMA SABHAS
There were various ganas or sanghas according to
occupation. Ex: sanghs of washermen. Gramasabhas were
made up of representative of these sanghs. Various
committees were constituted to organize work of village.

Village Republic(500 bc to 400)

In ancient India, permanent settlement of tribes in a particular
area namely the foot hills of Himalayas and north west india
were called republics.
The republic consisted of either a single tribe village or a
confederation of tribes. In these republics the village had
their own panchayaths. In these panchayats all interests like
agriculture, trade, and industry may have been represented.
With the decay of republics kingdom with monarchial or
republican character developed.

Maurya Age(324bc 232)

Village was the basic unit of administration. The grama sabha
comprised of Headman and village officers (accountant,
village officials at different grads, vetenery doctor, horse
trainer)
Grama sabha did its work through various committies. First
committee maintained garden, second committee supplied
drinking water, third committee decided on mutual quarrels.
The fourth committee to examine gold collected as tax. Fifth
committee was a general committee to do functions other than
that of other committees.
Gupta Period
Village administration was in charge of a village headman.
There was a village council which was responsible for
defence, settlement of communal disputes, collection of tax,
organization of public work.
Chola Dynasty
Villages had autonomy and chola officials participated as
advisors. Each village was administered by (1) village
assemblies and 2) village committees . There were three
types of assemblies that functioned at the local level, ur sabha
or maha sabha and nagara.
 Ur assembly of non Brahmin.
 Sabha consisted of Brahmins and persons well versed in
manthras.
Functions of sabha—vested with proprietary rights over
common land helped in reclaimingforest collected tax,
maintance of roads.
 Nagaram---- assembly of merchants
 Village communities- the actual work of committee
carried on by various committies whose members were
elected by assemblies. Rules and regulations were there
dealing with method of decision.

Medieval period
During this period India was under Delhi sultanate and
Mughal rulers.
Delhi sultanate---(1206-1521)
The province were divide into district (shiqs) and group of
100 villages(qashas).
Lowest unit was village. There used to be panchayats to
perform adiministrative and judicial functions.

Mughal Period (1526-1707)

Chiefdom came into existence. The chiefdom comprised of
Grama sabhas of a few village and they were under the
control of the kingdom. During the rule of Akbar villages
were under the rule of hereditary officials. Villages were
governed by panchayats. Each panchatyats were comprised
of village elders who looked after the interest of people and
administered justice and imposed punishment on dafaulters.
The headman of village was a semi government official and
acted as a co-ordinator between village panchayat and higher
administrative hierarchy. A new class of feudal chiefs and
revenue collectors (zamindars) emerged between the ruler and
the people.

They slowly eroded the self government in villages and

declined the self government in villages.
Local Government in British Period
Under the rule of East India Company changes were
introduced in the entire administration in Indian villages. The
centuries old administrative policy gram sabha was
demolished by the rules. The centralization of all executive
and judicial power in the hands of bureaucrats deprived the
village functionaries of their age old powers and influence.
Hence the gram sabhas or panchayats lost their importance.
After the fall of Mughal empire east india company was
granted the office of Diwan. East india company abolished
village land record office and created a company office called
patwari and village police was abolished an office of
magistrate was established for doing police function.
Under the centralized british rule all activities were initiated
directly from the center. Village autonomy had no place.
The history of local self government under british rule can be
divided into:
PHASE 1(16 18 Century)
th th

Muncipal corporation was set up for madras by a charter

issued by James ii in 1688. The corporation consisted of
major eldermen and burgessesswho were empowered by leavy
taxes for construction of jail, schools, security, defence and
payment of salary. These corporation was set up because East
India Company believed that people would willing pay five
shillyng for the public good, being taxed by themselves, than
six pence raised by our despotical power. The people
however resisted to taxation.
In 1726 muncipal corporation was replaced by majors court
which was a judicial body than an administration.
In 1793 charger Act was passed which established municipal
administration in Madras, Calcuttta, and Bombay by
authorizing the governor general of India to appoint justice of
pease were authorized to lay taxes on houses and lands to
provide for scavenging, police and maintenance of roads.
In 1850, an Act was passed to form municipalities for entire
country which had the purpose of collecting in direct tax.
This Act allowed the establishment of municipal institution in
any town of British India if the inhabitants were keen on
having a municipal organization, the provincial goverments
were empowered to bring the statute into operation. This Act
permitted the levy of town duties, but it was left to the people
to decide the mode of taxation.
In 1863 the Royal army sanitary commission expressed its
concern over the filthy condition of towns in India. The town
improvement bill in 1864 contemplated compulsory taxation
to defray the cost of police administration while taxation for
other service had to be voluntary.
MAYO RESOLUTION
In 1870 Lord Mayo’s resolution on decentralization
emphasized the desirability of associating Indians in
Administration. The objective of the resolution was
development of self government and strengthening of
municipal institutions.
The resolution gave equal emphasis to urban and rural areas.
The resolution realized the need of people corporation in the
field of education, public health, public work and so on. It
gave municipalities a democrative nature.
Recommendation
1. Separation of finance into finance for provincial
government and central government.
2. Jails, Registration, police, education, medical services,
printing , roads , civil building must be transferred from
central to state government.
3. Central government provide fixed grants to provincial
government to provide these service.
EFFECTS
1. Heavier tax were levied by provisional government to
maintain/services.
2. Services admirability adopted for local government
were reserved in the hands of central administration
while heavy charges were levied on municipalities in
connection with police, over which they had no
executive control.
PHASE II
Lord Mayo was succeeded by Rippon. He is
acknowledged as father of local self government in
India. His resolution on local self government is
called as Magna Carta of local self government.
The resolution aimed at fulfilling the nationl urge for
self gvt. Meeting the growing demand for political
justice and social justice and making local government
as an instrument of political and popular education.
Principles laid down:
 There should be a network of LSG through out

country.
 1/3 of members should only be official 2/3 must

be non officials.
 State control should be external and not internal.

 Local bodies should have complete freedom in

preparing budgets and should have adequate

financial resources.
 Chairman / president should be nonofficial.

 Special training for leadership development in

local level.
 The LSG must embody the local knowledge and

spirit of people.
 The resolution was a good one but its efficiency
was affected by conservative administration. The head of
District that is Deputy commissioner dominated the local self
government. the election principle of adult franchise was not
followed. Further financial autonomy was a distant dream
for municipal bodies.
ROYAL COMMISSION ON DECENTRALISATION
1906.
The royal commission on decentralization was set up
under the chairmanship of sir Charles Hobhouse in
1906. It recognized the importance of panchayat at
village level.
Recommendations
1. Village should be regarded as basic unit of local self
government and every village should have panchayat.
2. Municipalities constituted in urban areas.
3. Chairman should be an elective non official but the
district collector should continue to be president.
4. There should be a substantial majority of elected
members in local bodies.
5. Municipalities should be given necessary authority to
determine the taxes and to prepare their budgets after
keeping a minimum reserve fund.
6. The government should give grants for public works
like water supply, drainage system etc.
7. Municipal executive should be strengthened by
competent officers.
8. Local bodies should enjoy full control over their
empolyees and employees should had safe guards for
security of service.
9. Larger municipalities should be given greater powers.
Outside control should be restricted to advise,
suggestion, and audit.
10. All cities with population of 1 lakh should have
executive officials.
11. All towns of population of 20,000 should have
qualified health officials.
12. The government control over the municipal powers
of raising local loans should continue and prior
sanction of government should be obtained for lease
or sale of municipal properties.
13. The responsibility for primary education should rest
with the municipality if it so derives and if resources
permit, it may spend some amount on secondary
school.
The recommendation were given consideration by
lord Hardings government which issued resolution in
1915, favouring changes in the structure and function
of local bodies. It stressed on the view that Indian
government cannot compel provincial government
because provisional government possessed required
knowledge to develop local institutions. Yet the
initiative lay with the government of India which
controlled the resources.
RESOLUTION OF 1918.
Based on Montford report (which embodied
montague Chelmsford reform). It provided that there
should be as far as possible completer popular control
in local bodies and largest possible independence for
them from outside control. According to this
resolution:
 1. People must be trained to manage their own afffairs
and political education must be given
predominance over departmental efficiency.
2. More representation of local people must be
ensured.
3. Panchayts should be reviewed in villges.
4. Local bodies should contain a large elective
majority.
5. President should be elected from public rather than
nominated.
6. Local bodies should be allowed freedom in the
preparation of budget and imposition of taxes and
sactioning of works.

THIRD PHASE 1919-1937

In India National movement started gaining momentum with
the outbreak of the first world war the british government felt
it necessary to gain support and cooperation from the people
of India.
Diarchy was introduced after the passage of government of
India Act 1919, the local self government department was
transferred from bureaucratic hand, to those of an elected
minister in all provinces.
1. Functions of dept nature like local self government,
agriculture were transferred to the control of popularly
elected members.
But LSG was not effective as there is no mass educational
system, no effort to build up public opinion based on
knowledge. Inevitably public attention was turned to
personal or communal or other petty issues.
FOURTH PHASE
The Indian national congress from 1920 to 1947
emphasised on the issue of India swaraj and organized
movements for independence under Mahatma Gandhi. The
task of preparing any sort of blue print for local level was
neglected as a result.
The only attempt was government of India Act1935. It
emphasized on the process of democratization of
Government and administration and replacement of
Dyarchy system by provincial autonomy.

Local Self Government After Independence

After independence, India adopted the five year plan for
economic growth and prosperity of India.
Art 40 provides that the state shall take steps to organize
village panchayats and endow them with such powers and
authority as may be necessary to enable them to function as
units of self government.
To ensure growth and prosperity in rural India community
development project was launched in 1952.
The objective was to fight against rural poverty, hunger,
disease and ignorance. Community devp. has been defined
as a movement designated to promote better living for the
whole community with the active participation and on the
initiative of community. The first five year plan envisaged
the establishment of 500 community centres bt the plan
failed to bring about actual participation of the people in
plan process. The second five year plan attempted to cover
the entire country side with national extensive service block
through the institution of BDO village level workers in
addition to nominated representatives of village panchayats
but the plan failed to satisfactorily accomplish
 decentralization. To study the situation the Balwant Rai
Mehta Committee was appointed in 1957.
OBJECTIVES OF COMMUNITY DEVELOPMENT
PROGRAMMES
1. To eradicate poverty, disease and ignorance.
2. To encourage community thinking and collective action.
3. To generate progressive out look among the rural
population.
4. To make villagers self reliant and self sufficient
5. To increase the quality of life of rural population.
6. To coordinate the quality of life of rural population.
7. To coordinate the efforts of government and village
community.
8. To use optimally the available local resources.
9. To provide benefit to the community as a whole such as
village roads, tanks, wells, community centres, parks for
children.

FEATURES
1. Comprehensive character
The community devt programmes solve the rural
problems as a whole. They improve the quality of life of
rural people.
It contain schemes to provide food, clothing, housing,
health, education and improve cultural and moral
behavior
There is economic devt of rural people through the
improvement of agriculture and expansion of cottage industry.
There is also development of speedy means of
communication, transportation, health, medical aid, sanitation,
and comfortable dwelling
Economic development
Community devt prog such as Integrated Rural development
Programme (IRDP) , small farmers Development Agency
(SFDA) marginal farmers and agriculture labour programme
(MRAL) has resulted in development of agriculture sector by
helping the farmers to economically develop through new
techniques. Community devt programmes also encourage
development of cottage industries and other crafts.
ORGANIC and Multipurpose guide.
It is organic in the sense that it is to take root in the area
where in it has been initiated and it should grow with less
external support. It is multipurpose as it deals with all aspects
of rural population
The community development programme in India however
had its short comings and the first five year plan failed to
bring about active participation of the people. The second
five year plan attempted to cover the entire country side with
national extensive service block through the institution of
BDO village level workers in addition to nominated
representatives of village panchayath. But the plan failed to
satisfactorily achieve decentralization. To study the situation
Balwant Rai Mehta Committee was appointed in 1957.
TERMS OF REFERENCE
1.To determine the content and priority of the programme.
2. arrangements for execution of the programme with special
reference to
 Agriculture production.
  Co ordination of different organs
 Organizational structure for greater speed in the dispatch

of business.
2. Assessment of existing human resources for the
programme and existing training programme.
3. Assessment of how far community development has
resulted in community economic and social condition.
 Methods to be adopted for reporting upon the results

attained by community project national extension

services.
 Recommendation for improvement.

RECOMMENDATIONS
1. Establishment of three tier panchayath system.
Gram Panchayath (village level)
Panchayath samithi ( block level)
Zilla parishad (district level).
A.Grama Panchayat
Members
Elected members must be are two women member and a
member of SC/ST may be co-opted.
Functions
1. Lighting, sanitation, maintenance of street, drainage,
tanks, water supply, land management supervision of
elementary education , relief of distress, maintenance
of records of cattle, sanitation, it acts as agent of
panchayath samithi, executing schemes of
development.
FINANCE
Property tax, taxes on markets, bazars, vehicles,
water, conservancy tax, lighting rate, fees from
 slaughter house, registration of animals in local area,
grants from panchayath samithi.
Committee recommended a legislation which should
debar a person who failed to pay tax from voting in
election and panchayath members who failed to pay
tax for 6 months from continuing official duty.
Budget of village panchayath in subjected to
scrutining and approval of panchayat samithi.
Recruitment of staff is done by zilla parishad. Staff is
under BDO.

PANCHAYATH SAMITHI
Development work in the local area was to be
entrusted to a statutory constituted body known as
panchayath samithi.
Panchayath samithi should not be of area more than
12 circles in it each circle having a population not
exceeding 4000 people.
Members
President and coopted members from SC/ST amd 2
women.
2. Two co-opted local residents who are experienced in
administration, public life, rural development.
3. Every state evolve its own mode for constituting the
samithi,
4. MLA, MP’s from constituency are associate
members.
5. SDO was to be chairman till elected chairman took
over.
6. Maximum no 20 members.
Chairman
Elected indirctly by members of samithi who are
gram panchayat sarpanchasfor a period of 5 yrs.
Function
All planned and development activities covering
agriculture, animal husbandry, village industry,
primary education, community health, medical relief.
State role on these are limited to guidance,
supervision, highly planning and finance.
INCOME
1. Fixed % of land revenue collected in block.
2. Cess on land revenue, water rate.
3. Professional tax
4. Rent and profit accuring from property example
ferries, fisheries.
5. Tolls.
6. Pilgrim tax.
7. Primary education cess.
8. Share of motor vehicle tax.
9. Voluntary public contribution.
10. Grant from government.
STAFF
BDO & Extension officer by state government.
The conference of state government on function of
panchayath samithi must be only supervisory.
It can interfear
1. On public interest.
2. District collector can suspend a decision of
panchayat samithi if peace will be affected or
constitution will be violated.
ZILLA PARISHAD
Supervisory or co-ordinating body.
Functions
1. Examine and approve budget of panchayath samithi.
2. Distribute funds made available by government
3. Co-ordinate and consolidate the block plans in distrtict
4. Request grants by the panchayath samithi
5. Supervise its activity.
The recommendations of the committee were accepted
by the National Development counsel in Jan 1958.
Rajasthan and AP were the first to adopt Panchayathi Raj
In 1959. Balwant Rai Mehta report is considered as
Master Blue Print of Panchayat raj in India.
The period 1977 to 1999 was the most tumultous period
of instability. In 1975 emergency was declared .the
janata Government set the Ashok Mehta Committee on
Panchayati Raj but its recommendations could not be
implemented due to fall of janata government.
In 1980 due to expansion of anti poverty programme and
creation of district rural devt agency it was necessary to
integrate panchayath system into devt programmes as a
result Hanumonth rai committee was set up in 1983.
Thereafter G.V.K. Roa committee was set up at the
instance of planning commission in 1985 to review the
exisisting administrative arrangement for rural devt and
poverty alleviation programs. The committee
recommended the need of regular election to panchayath
Raj and strengthening of ZIlla Parishath and BDO.
After the assassination of Indira Gandhi, Rajiv Gandhi
came to power. During state level election the congress
lost a few seats and to built up public confidence
congress leaders remembered panchayath raj to capture
states. In 1986 L.M. Singhvi was appointed to review
the growth present status and function of panchayath raj
institutions function. The most important
recommendation was LG should be constitutionally
recognized by inclusion of a new chapter in constitution.
As a result 64 th 65 amendment bill were introduced in
th

1989 but were not passed. In 1991, 73 , 74 bills were

rd th

introduced and were passed by Loksabha, Rajyasabha

and ratified by states.
By constitution (73rd Amendment) Act 1992.
It inserted Part IX relating to Panchayats and consists of
16 Articles and 11 schedule.
th

Definition (Art 243(d))

Panchayath means an institution of self government
constituted under Art 243B for rural area.
Constitution
Village level panchayath
Village specified by government by public notification
may include group of village.
Intermediate level
For states having population more than 20 lakhs
District level
District in a state.
Composition
Legislature of state determine composition.
 The ratio between the population of the territorial area of
a panchayat at any level and the number of seats in such
panchayath shall be same throughout state.
Direct election shall be followed.
Each panchayath divided into territorial constituency and
number of seats allotted shall be same throughout
panchayath area and proportioned to population.
The legislature of state may by law provided for
Representation of
a. Chairperson of panchayat at the village level, in the
panchayath at intermediate level or at district level.
b. Chairpersons of panchats at the intermediate level in
panchayaths at District level.
c. Members of house of people and members f legislature
of the state representing constituencies which comprise
wholly or partly a panchayath area at a level other than
village.
d. Members of council of state and members of legislative
council of state where they are registered as electors with
in
I. Panchayath area at intermediate level
II. Panchayath at district level.
ELECTION OF CHAIRMAN AND MEMBERS.
Chairman in village level such manner as state by law
provide.
Chairman in district level and intermediate level from
amongst elected members of district or intermediate level
Reservation of Seats
Art 243 D
Seats reserved for SC/ST.
PROPORTION
Reservation in proportion to population of SC/ST in that
panchayath area. Seats shall be allotted in rotation to different
constituencies. 1/3 of such reserved seats shall be for women
of SC/ST .
RESERVATION FOR WOMEN
Not less than 1/3 of the seats inducing the no of seats reserved
for women belonging to SC/ST to be filled by direct election
shall be reserved for women and such seats may be allotted by
rotation to different constituencies.
RESERVATION OF CHAIRPERSON
The offices of chairperson in the panchayats at the village
or any other level shall be SC/ST /women in such way as
legislature of state.
Such reservation must be based on the population of
SC/ST at each level. 1/3 of the total no of offices of
chairperson must be for women.
It must be allotted by rotation to different panchayats at
each level.
Nothing in this part shall prevent the legislature of state
for making any greater no of states for Backward classes
of citizen.
DURATION OF PANCHAYATHS
Art 243 E
 5 Years.
 Panchayath can be dissolved by law before that period.
 Panchayath cannot be dissolved by any law which is
given retrospective effect to dissolve panchayath.
  Election to panchayaths shall be completerd with in the
expiration of 5 yrs from constitution of panchayath or
before expiration of 6 monts from the date dissolution.
 A panchayath constituted upon the dissolution of
panchayat before expiration of its duration shall continue
only for the reminder period for which the dissolved
panchayat would have continued.
 Where the remainder of period for which the dissolved
panchayath would have continued is less than 6 months
there is no necessary to hold any election.
DISQUALIFICATION
1. Any person disqualified under any law in force to contest
election.
2. No person shall be disqualified on the ground that he less
than 25 yrs of age if has attained 21 years.
3. Legislation by law can specify the authority to disqualify
a member of panchayath.

POWERS, AUTHORITY AND RESPONSIBILITY OF

PANCHAYATHS (Art 243G)
Legislature has to determine the authority and
responsibility of panchayats for (a)
Preparation of plans for economic development and
social justice.
(b) Implementation of schemes for economic
development and social justice on maters in 11 schedule.
th

11 Schedule.
th

1. Agriculture including agricultural extention.

2. Land improvement, implementation of land reforms,
land consolidation and soil conservation.
 3. Minor irrigation, water management, and water shed
development.
4. Animal husbandry, dairying, and poultry
5. Fisheries.
6. Social forestry and farm forestry.
7. Minor forest produce.
8. Small scale industries.
9. Khadi.
10. Rural housing.
11. Drinking water.
12. Fuel and fodder.
13. Road, culverts, bridges, ferries, waterways, and
other means of communication.
14. Rural electrification.
15. Non conventional energy sources.
16. Poverty allievation.
17. Education.
18. Technical training.
19. Adult and non formal education.
20. Libraries.
21. Cultural activities.
22. Markets and fairs.
23. Health and sanitation, including hospitals, primary
health centres and dispensaries.
24. Family welfare.
25. Women and child development.
26. Social welfare including welfare of handicapped
and mentally retarded.
27. Welfare of sc/st /weaker sections.
28. Public distribution.
29. Maintenance of community assests.
POWER TO IMPOSE TAXES BY AND FUNDS OF THE
PANCHAYATHS.
Art 243H
Legislature of state may by law
a. Authorize a panchayath to levy, collect and appropriate
such taxes, duties, tolls and fees in according with such
procedure and subject to such limits.
b. Assign to a panchayath such taxes, duties, tolls and fees
levied and collected by state government for such
purpose.
c. To provide for grant-in-aids to panchayath from
consolidated fund of state.
d. Provide for constitution of such funds for crediting all
moneys received on behalf of the panchayats and for
withdrawal of such money.
FINANCE COMMISSION (Art 243I)
Governor shall with in 1 yr from the coming into force of
73 Amendment and thereafter on expiration of 5 year
rd th

constitute finance commission.

Function
1. To review the financial position of panchayat and
2. To make recommendation of principles to government.
i. % of distribution between levels of panchayats of
net taxes duties , tolls, fees. Collected.
ii. Taxes, duties, tolls, fees assigned to or appropriated
by panchayats.
iii. Grant in aid to the panchayath from the consolidated
fund of state.
3. Measures for improvement of financial position of
panchayat.
4. Decide on any other matter referred to it by governor.
5. Powers and function may be determined by state
legislature.
All recommendations made by the commission together
with explanatory memorandum as to the action taken
thereon shall be laid before legislature of
statebygovernor.
ELECTION (ART 243 K)
State election commission
Superindence, direction, control of preparation of
electoral roll is vested on state Election commission
consisting of state election commissioners to be
appointed by governor.
Governor by rules determine the conditions of service
and tenure of office of state election commission as
subject to the provision of any law made by legislature
of state.
Removal from office
He can be removed on grounds as a judge of HC can be
removed.
His term of employment cannot be varied to his
disadvantage.
73 Constitutional Amendment does not apply to:
rd

1. States of Nagaland, Meghalaya, Mizoram,Manipur, for

which District council exist.
2. Hill areas of district of Darjeeling were Darjeeling
Gurkha Hill council exist.
Legislative assembly of state may by resolution passed
by majority of total membership of house and by
 majority not less than 2/3 of members present n
voting can include them.
(3)scheduled areas and tribal areas.
Bar to interference of courts

1. The validity of any law relating to delimitation of

constituencies or the allotment of seats to such
constituencies made or purporting to be made under
Art 243 k shall be called in question in court.
2. No election to any panchayath shall be called in
question except by election petition presented to
such authority and in such manner provided by
legislation.

74 CONSTITUTIONAL AMENDMENT
TH

MUNCIPALITIES
Part IX A consisting of 18 articles 243-P-243ZG and schedule
called 12 schedule was inserted.
th

IXA gave birth to two types of bodies

1. Institutions of self government (Art 243Q).
2. Institutions for planning (Art 243 Z & 243ZE)
MUNCIPALITY. Art 243(e)
It is an institution constituted under Art 243Q.
Muncipal area – territorial area of municipality notified by
governor.
Metropolitan area – having population of 10 lakhs or more
comprising f one or more districts and consisting of 2 or more
municipalities or panchayats or other constituencies as
specified by Governor by public notification.
CONSTITUTION
ART 243Q
1. Nagar panchayath (for transitional area ie an area which
is being traferred from rural area to urban area).
2. Municipal council(for smaller urban area)
3. Municipal corporation for larger urban area.
These areas are determined by governor through public
notification based on following criterias
1.Population.
2. Revenue.
3. % of employment in non agricultural activities.
4. Economic importance.
5. Such other factor as he deem fit.
COMPOSITION
 All seats shall be chosen by direct election from
territorial constituencies in municipal area.
 Municipal area shall be divided into territorial
constituency called wards.
1. Legislature of state may by law provide for
representation in a municipality of
a. Persons having special knowledge or experience
in municipal administration.
b. Members of house of people and members of
legislative assembly of states representing
constituencies which comprise wholly or partly of
municipal area.
c. Members of council of state and the members of
the legislative council of state registered as
electors with in the municipal area.
 d. The chairperson of the committies constituted
under Art 243 (s)(they will not have right to vote
in meetings of municipality).
Legislature may by law prescribe the manner of election
of chairperson of municipality.
CONSTITUTION OF WARD COMMITTIEES
Ward committies consisting of one or more wards shall
be constituted in the territorial area of municipality
having a population of 3 lakhs or more.
Legislation by law provide for constitution of such
wards and it make provision for constitution of
committies in addition to ward committies.
RESERVATION OF SEATS Art.243T
Seats reserved for SC/ST.
PROPORTION
Reservation in proportion to population of SC/ST in that
Muncipality area. Seats shall be allotted in rotation to
different constituencies. 1/3 of such reserved seats shall be for
women of SC/ST .
DURATION.Art 243 U.
 5 Years.
 Muncipality can be dissolved by law before that period.
 Muncipality cannot be dissolved by any law which is
given retrospective effect to dissolve Muncipality.
 Election to Muncipality shall be completerd with in the
expiration of 5 yrs from constitution of Muncipality or
before expiration of 6 months from the date dissolution.
  A Muncipality constituted upon the dissolution of
Muncipality before expiration of its duration shall
continue only for the reminder period for which the
dissolved Muncipality would have continued.
 Where the remainder of period for which the dissolved
Muncipality would have continued is less than 6 months
there is no necessary to hold any election.
DISQUALIFICATION Art 243V
Any person disqualified under any law in force to contest
election.
No person shall be disqualified on the ground that he less than
25 yrs of age if has attained 21 years.
Legislation by law can specify the authority to disqualify a
member of Muncipality.
POWERS, AUTHORITY AND RESPONSIBILITIES Art
243W.
The legislation of state may by law endow the municipalities
with such powers and responsibility for
a. Preparation of plans for economic development and
social justice.
b. Performance of function and implementation of schemes
on matters listed in 12 schedule.
th

12 th SCHEDULE
1. Urban planning including town planning
2. Regulation of land use and construction of
buildings
3. Planning for economic and social development
4. Roads and bridges.
 5. Water supply for domestic, industrial, and
commercial purpose.
6. Public health, sanitation, conservancy, and social
waste management.
7. Fire services.
8. Urban forestry, protection of the environment and
promulgation of ecological aspects.
9. Safe guarding the interest of weaker sections of
society.
10. Slum improvement.
11. Urban poverty alleviation.
12. Provision of urban ameneties and facilities
such as parks, garden, playgrounds.
13. Promotion of cultural, educational, and
aesthetic aspects.
14. Burials and burial grounds, cremation,
cremation grounds and electric crematorium.
15. Cattle ponds, prevention of cruelty to animals.
16. Registration of births and death.
17. Public aminities like street lights, parking lots,
bus stops, and public conveyance.
18. Regulation of slaughter homes and tanneries.

POWER TO IMPOSE TAXES BY AND FUNDS OF

MUNCIPALITIES (Art 243X).
Legislature of state may by law
a. Authorize a muncipality to levy, collect and appropriate
such taxes, duties, tolls and fees in according with such
procedure and subject to such limits.
b. Assign to a muncipality such taxes, duties, tolls and fees
levied and collected by state government for such
purpose.
 c. To provide for grant-in-aids to muncipality from
consolidated fund of state.
Provide for constitution of such funds for crediting all moneys
received on behalf of the muncipality and for withdrawal of
such money.
FINANCE COMMISSION (Art 243Y)
Governor shall with in 1 yr from the coming into force of
73 Amendment and thereafter on expiration of 5 year
rd th

constitute finance commission.

Function
To review the financial position of panchayat and
To make recommendation of principles to government.
1. % of distribution between levels of muncipality of net
taxes duties , tolls, fees. Collected.
2. Taxes, duties, tolls, fees, cess to or appropriated by
panchayats.
3. Grant in aid to the panchayath from the consolidated
fund of state.
4. Measures for improvement of financial position
5. Decide on any other matter referred to it by governor.
6. Powers and function may be determined by state
legislature.
All recommendations made by the commission together
with explanatory memorandum as to the action taken
thereon shall be laid before legislature of state by
governor.
ELECTION Art 243 ZA
State election commission
 Superindence, direction, control of preparation of
electoral roll is vested on state Election commission
consisting of state election commissioners to be
appointed by governor.
Governor by rules determine the conditions of service
and tenure of office of state election commission as
subject to the provision of any law made by legislature
of state.
Removal from office
He can be removed on grounds as a judge of HC can be
removed.
His term of employment cannot be varied to his
disadvantage.
COMMITTEE FOR DISTRICT PLANNING
Art 243 ZD
Function
To consolidate the plans prepared by panchayaths and
municipalities in district and prepare a draft development
plan for a district as a whole.
The legislature of state by law specify
a. Composition of district planning committee
b. Manner in which the seats of committee shall be filled.
4/5 of the total number of shall be elected by amongst
the members of panchayat at the district level and of
the municipalities in district in proportion to the ratio
between the population in rural and urban area.
c. Function and manner in which chairperson may be
choosen will be fixed by legislature.
d. It shall prepare a draft development plan. Regarding;
 I. The matters of commission or interest between the
panchayats and the municipalities including
planning, sharing of water and physical and natural
resources the integrated development of
infrastructure and environmental conservation.
II. The extent and type of available resources whether
financial or otherwise.
III. Consult such institution and organization as
governor may specify.
Committee for metropolitan planning
Art 243ZE.
Function
To prepare draft development plan for metropolitan area.
Legislature of state my by law made provision in respect of,
a. Composition of metropolitan planning committee.
b. Manner in which seats are to be filled 2/3 of members
shall be elected by from amongst the elected members
of the municipalities and chairpersons of panchayath
in the metropolitan area in proportion to the ratio
between population of the municipalities and of
panchayats in that area.
c. The representation in such commiittiees of the
government. of India and the government. of state and of
such organization and institution as it may deem fit.
d. The function relating to planning and co-ordination for
metropolitan area which may be assigned to such
committies.
e. The manner in which the chairperson o f such committeis
shall be chosen.
 Every committee shall prepare the draft development
plan.
Regard to
1. The plans prepared by the municipalities and the
panchayats in metropolitan area.
2. Matters of common intent between munciplities and
panchayats including coordination of planning
sharing wastes, other physical and natural
resorunces the integrated development of
infrastructure and environment conservation.
3. Objective and priorities set up by government of
India and state.
4. Extent and nature of investments likely to be made
in metropolitan area by agencies of government of
India and government of state.
The chairperson of every metropolitan planning
committee shall forward the development plan of
committee to it government.

KERALA PANCHAYATH ACT 1994

OBJECTIVES
 To make panchayath a viable people responsive body.
 To provide adequate representation for SC/ST/Women.
 To provide for regular election to panchayath.
 To enforce directive under Act 40 of constitution.
EXTEND
Whole of kerala except the areas which are within the limits
of cantonments, Nagar Panchayat, Muncipal corporaton and
industrial area.
Panchayat consist of,
Village Panchayath.
Block Panchayath.
District Panchayath.

VILLAGE PANCHAYATH
Every village panchayath consist of elected members equal to
the no of seats notified.
Direct election is followed.
RESERVATION FOR SC/ST
The no of seats to be reserved is determined by government. It
shall be proportioned to the total number of seats in that
panchyath as the population of sc/st in that panchayat and
total general population in that area.
Seats shall be allotted by rotation to different constituencies in
that panchayath area. Where the population of sc/st are not
sufficient enough to make them eligible for reservation of any
seat, one seat shall be reserved in that panchayath for sc/st
having higher population.
1/3 of total seats reserved shall be reserved for women
belonging to SC/ST. If the no of seats reserved for SC/ST is
only one seat then that seat shall not be reserved for women.
½ of total no of seats in village panchayat shall be reserved
for women (general) inclusive of seats reserved for SC/ST
women, this seats shall be reserved in rotation to different
constituencies in village panchayath area.
A member of sc/st can also stand for election to non reserved
seats.
Members
Village Panchayath shall have president and vice president.

BLOCK PANCHAYATH
1. Elected members equal to seat notified.
2. President of village panchayaths in territorial area of
block panchayath.
Block Panchayath shall have a president and vice
president elected by the elected members of Block
panchayaths from among themselves.
(RESERVATION SAME AS THAT OF VILLAGE
PANCHAYATH-Refer)
COMPOSITION OF DISTRICT PANCHAYATH
1. Elected members equal to no of seats.
2. President of block panchayath.
(Reservation same as that of village panchayath-refer).
A district panchayath shall have a president and vice president
elected by the elected members of the district panchayath
from among themselves.

GRAMA SABHA (S.3)

(Panchayath raj act -CHAPTER II.)
All persons whose name are included in the electoral roll can
participate in the electoral roll can participate in grama sabha.
Meeting
Grama sabha shall meet at lest once in 3 mnths at a place
fixed by the village panchayath.
The convenor shall be the member of a village panchayath
representing the constituency comprised in the area of a
village unless such person is unavailable due to physical or
other reasons.
The convenor shall compulsorily invite the member of Block
Panchayath, the district panchayath and the legislative
assembly representing the area of grama sabha.
Every meeting shall be presided by the president of village
panchayath by the president of village panchayath or in his
absence the vice president or in the absence of both of them
by the convenor of grama sabha.
The village panchayath shall place before the gramasabha a
report relating to the developmental programmes relating to
the constituency during the previous year and those activities
that are proposed to be taken in the current year and
expenditure and annual statement of accounts and the
administrative report of the preceeding year.
If any decision made by the grama sabha could not be
implemented the president shall report the reasons before
grama sabha.

POWER AND FUNCTION OF GRAMA SABHA

1. To render assistance in collection and compilation of
details required to formulate development plans of
panchayath.
2. To formulate the proposals and fixing of priority of
schemes and development programmes to be
implemented in village panchayath.
3. To prepare and submit to the village panchayath a final
list of eligible beneficiaries in the order of priority
relating to the beneficiary oriented schemes on the basis
of criteria fixed.
4. To render assistance to implement effectively the
development schemes by providing facility locally
required.
5. To provide and mobilise voluntary service and
contribution in cash or kind necessary for development
plan.
6. Suggesting the location of street lighting, streets or
community water tap, public wels, public sanitation
units, irrigation facilities, and such other public utility
schemes.
7. To formulate schemes to impart awareness on matters of
public interest like cleanliness environmental protection,
pollution control ad to give protection against social evils
like corruption.
8. To promote harmony and units among various groups of
people within the areas of gramasabha and to organize
arts and sports festivals to develop good will among the
people of the locality.
9. To monitor and render assistance to the beneficialry
committies engaged in the developmental activities.
10. To verify the eligibility of persons getting various
kinds of welfare assistance from government such as
pension and subsidies.
 11. To collect information regarding the detailed
estimates of works proposed to be implemented in the
area of grama sabha.
12. To make available details of services rendered and
activities proposed to be done by concerned officials in
succeeding 3 months.
13. To know the reason behind every decision taken by
panchayath regarding the area of grama sabha
14. To know the follow up action taken on the decisions
of grama sabha and reasons for not implementing
decision,
15. To co operate with the employees of village
panchayaths in sanitation process and render voluntary
service for removal of garbage.
16. To find out the defeciencies in the arrangements for
water supply, street lighting
17. To assist the activities of PTA with in its local
limits.
18. To assist public activities especially prevention of
diseases and family welfare.

RIGHTS
It has the right to know about the budgetary provision, the
details of plan layout, item wise allocation of funds and
details of the estimates and costs of materials of works
executed or proposed to be executed with in area of grama
sabha. Audit report of other organs of panchayath shall be
placed for the consideration of gramasabha and shall be
discussed in the meetings and views, recommendations and
suggestions shall be communicated to village panchayath.
PROCEEDINGS
The quorum of the Gramasabha shall be 10% of the number
of votes of the area and procedure for conveyancing and
conducting meetings of grama sabha will be determined it.
The quorm of the meeting of a grama sabha which was
adjourned for want of quouram is 50.
The officers of the village panchayath shall attend the
meetings of gramasabha as may be required by the president
and an officer nominated by village panchayath as the co
ordinator of the gramasabha shall assist the convenor in
conveying and conducting the meetings of gramasabha and in
recording its decisions in the minute book and also in taking
follow up action.
The gramasabha may appoint elect or constitute, general or
special sub committees for the detailed discussion on any
issues or programmes and for the effective implementation of
the schemes and its decisions in furtherance of its rights and
responsibilities. Committes shall consists of at least 10
members.
RESERVATION
Not less than half members must be women.
Resolution may be passed on majority basis in respect of any
issue with in its jurisdiction but efforts should be made to take
decision on basis of general consensus.
SELECTION OF BENEFICIARIES
When beneficiaries are to be selected according to any
scheme or project or plan the criteria for eligibility is to be
fixed by the panchayath subject to the term and conditions
prescribed in the scheme, project or plan and criterion shall be
published in manner prescribed and intimated to gramasabha.
The priority prepared by gramasabha after inviting application
for the selection of beneficiaries and conducting enquiries on
the application received shall be scrutinized and the meeting
of grama sabha and apllicants. Are also invited and a final list
of the deserving beneficiaries in order of priority shall be
prepared and sent for approval of grama sabha.

RESPONSIBILITIES
1. Discrimination of information regarding development dn
welfare activities.
2. Participating in and canvasing, programs of health and
literacy and such other time bound developmental
programmes.
3. Collecting essential socio economic data.
4. Providing feed back or the performae of development
programme.
5. Resort to moral sanction to pay taxes, repayment of
loans, promote environmental cleanliness and maintain
social harmony.
6. Supervising development activities as volunteer ream
7. Make arrangements for reporting urgently incidence of
epidemics , natural calamities.

CHAPTER 4
Delimitation of constituencies
Chapter 4- S10 PANCHAYATH RAJ ACT (constituencies)
S69 OF MUNCIPALITY ACT. (Ward)
The state election commisision or an officer authorized by it
in its behalf shall
a. Divide every panchayat into as many constituencies as
there are seats and fix the boundaries of such
constituencies. Population of constituencies shall be
same throughout panchayath area.
When the territorial area of a block panchayat is
divided into constituencies, the boundaries of such
constituencies shall not divide any constituency of any
village panchayath and where the territorial area of a
dist. Panchayath is divided into constituencies the
boundaries of such constituencies shall not divide ay
constituency of any village panchayat or any block
panchayath into more than one division.
b. Determine the constituency reserved for SC/ST/Women
c. Before determining constituencies the proposal of such
delimiting and reservation of seats shall be published an
any objection and suggestion will be invited with in the
date, specified into ,by affixing copies of notice of
proposal on the notice board of the office of the
panchayath on some conspicuous place with in the
panchayath. The copy of the notice shall also be
published in gazette and 2 local newspapers having wide
circulation within the panchayath area concerned.
The delimitations to be made after considering the
objections and suggestions that are received in the
proposal.
The constituency reserved for SC/ST/Woman shall be
allotted according to rotation by draw of lots by the
officers authorized in this behalf by the commission
 and time, date and place will be fixed by state election
commission by notification in the gazette.
The decision so made by the state election commission
or the officer authorize by it shall not be called in
question in any court of law.
The copy of te decisions shall be give free of cost to
concerned panchayath level committees of all political
parties having representation in legislative assembly.
REMEDY S.10A (inserted in 2000 Act 13 with effect
from 18/01/2000.
The election commission may suomotto or on
application, review any order issued by it. An
application for review shall be filed within 15 days
from the date of issue of final order. The time taken
for obtaining copy of order shall be excluded.

The decision of election commission shall be published as

sooon as after it is issued by affixing on the notice board of
the panchayath with the area of such panchayat and the fact of
such publication will be published in gazette and 2 local
newspaper having wide circulation with in panchayath and a
copy of the order shall be give free of cost to concerned
panchayath level committiees of all political parties having
representation in legislative assembly.
PREPARATION OF ELECTORAL ROLLS
Draft electoral roll for the constituency in a village shall be
Published at the panchayat office and village office and at the
head quarters of block and taluk office, for facilitating the
voters to verify it and final list shall be published after taking
decisions on objections and applications.
Disqualification for registration on electoral roll S.17 of
panchayathi raj, s.74 of munciplaity act
1. Not citizen of India.
2. Unsound mind as declared by competent court
3. Disqualified under any law in force.
Conditions for registration
a. 18 yrs.
b. Ordinary resident in constituency.
Whether a person is an ordinary resident is determined
by election commission with reference to facts of case.
Following persons are not ordinary resident,
1. A person who is a patient in ay establishment
maintained wholly or mainly for the reception and
treatment of person suffering from mental illness.
2. A person who is detained in prison or place of legal
custody.
Following are ordinary resident,
1. A person absenting himself termporarily from his
place of ordinary residence.
2. A member of parliament or state legislature or
president or vice president of panchayath at any
level shall not during the term of office cease to
be ordinary resident.
REVISION OF ELECTORAL ROLL
The electoral roll for each constituency in village
panchayat shall be prepared in prescribed maner by
reference to the qualifying date any revised before
general election or bye election.
CORRECTION OF ENTRIES
The electoral registration officer on application made or on
his own motion make correction if the roll is erroneous,
defective or the person has changed his ordinary residence or
the person is dead.
If a person’s name is removed from roll then he
shal be an opportunity to be heard.
INCLUSION OF NAME IN ELECTORAL ROLL
By application filed to the electoral registration officer.
APPEAL
If not included in electoral roll appeal can be filed before
district election officer.
QUALIFICATION AND DISQUALIFICATION
CHAPTER 7.
S.29PANCHAYATH , S.85 MUNCIPALITY
QUALIFICATION OF MEMBERSHIP IN
PANCHAYATH
1. His name appears in te electoral roll of
panchayath.
2. Completed 21 years.
3. For seats reserved for SC/ST he is member of
that category oath to be filed before returing
officer.
4. For seats reserved for women she is a women-
oath to be filed.
5. He is not disqualified under ay provisions of
the act.
DISQUALIFICATIONS
1. The officer and employees of government, local
authority or a corporation controlled by state or
central government or of a local authority or any
 company in which the state or centeral
government or local authority holds not less than
50% of shares or statutory board or university of
state.
2. A government official who is dismissed for
corruption or disloyalty shall be disqualified
for a period of 5 years from date of
dismissal.
3. A person sound for corrupt practices in
relation to election shall be disqualified for 6
yrs.
4. Persons who is convicted of offences
punishable under chapter 9 of IPC or s.8 of
representation of people act or any other law
relating to infringement of secrecy of an
election for a period of 6 years.
A person shall be disqualified for failure to lodge
account of election expenses if
A.He failed to lodge election account wih in prescribed
period.
B.Account is false.
C.Electin expense is exceeding prescribed limits.
DISQUALIFICATION OF CANDIATES
S.90 MUNCIPALITY
S.34 PANCHAYATH
 Disqualified under law for the time being in force.
 sentenced by court / tribunal for a period not less than 3
mnths for moral turpitude.
 found guilty of the offence of corruption by a competent
authority under any law in force.
  Has been guilty of mal administration.
 Has been adjudged to be of unsoundmind.
 Has voluntarily acquired the citizenship of a foreign
state.
 Has been sentenced by a criminal court for ay electoral
offences punishable under s.136 or s.138 of has been
disqualified from exercising any electoral rights on
accunt of corrupt practices in connection with and
election and 6 yrs have not elapsed.
The applicant is adjudicated as insolvent or is an undischarged
insolvent.
Has an interest in subsisting contract or work done for the
government or panchayat except as a shareholder.
Is employed as paid legal practitioner on behalf of
government or panchayath
Who is already a member and whose term of office has not
yet expired.
Is in arrear of any kind due by him to government or
panchayath up to and inclusive of the previous year in respect
of which a bill or notice has been duly served upon him and
the time had expired.
Dismissed or removed from government service and 5 yrs has
not elapsed.
Disqualified under the provision of kerala local authorities
Act 1999 and has not completed 6 yrs from the date of
disqualification.
Debarred from practicing as an Advocate.
Is a deaf mute.
Disqualified under this Act.
Is included in the black list for any default in connection with
any contract or tender with government.
Is found guilty of waste of money or other property of
panchayath.
If any question arises as to whether a candidate is disqualified
then the decision of state election commission is final

DISQUALIFICATION OF MEMBERS
S.35 PANCHAYATH
S.91 MUNCIPALITY ACT.
 Has been sentenced by a court or tribunal to
imprisonment for a period not less than 3 months for an
offence involving moral turpitude.
 Has been adjudged insolvent or insolvency petition is
pending.
 Is of unsound mind.
 Voluntarily acquired citizen ship of a foreign state.
 Has been sentenced by a criminal court for any electoral
offence or corrupt practice and 6 years have not elapsed.
 Acquires any interest in any subsisting contract done for
the government or panchayath except as share holder.
 Employed as paid legal practitioner.
 Ceases to reside with in panchayath.
 Is debarred from practicing and Advocate.
 An arrears of any kind due by him to government or
panchayath concerned in respect of bill or notice duly
served upon him and time has expired.
 Absents himself without the premises of panchayat
concerned from its meeting or meeting the standing
committee thereof for a period of 3 consecutive months
reckoned from the date of commencement of his office
or of the last meeting that he attended or of the
restoration to office as a member. If within the said
period only in less than 3 meetings of the panchayath or
of the standing committee as the case may be have been
held absents himself from 3 consecutive meetings held
after the said date.
No meetings from which a member absented himself
shall be counted against him.
1. No due notice of that meeting was given to him.
2. The meeting was held after giving shorter notice than
that prescribed for an ordinary meeting.
3. The meeting was held on requisition of members.

 Is disqualified under constitution or under law for time in

force.
 Disqualified under provision of Act.
 Disqualified under provisions of Kerala Local authorities
(Prohibition of Defection Act 1999.
 Is liable for loss, waste or misuse.
 Has failed twice consecutively to convene meetings of
gramasabha due once in 3 months of which he is
convenor.
 Has failed to file declaration of his assets with in the time
limit prescribed under s159.
 If he become MP/MLA panchayath state government.
DECLARING A MEMBER AS A DISQUALIFIED
Any member of panchayat or any other person entitled to
vote at the election in which the member was elected
may file a petition before state election commission for
declaring that member as disqualified. The secretary or
officer may also refer this matter. The state election
commissioner can pass an interim order as to whether the
person has to continue till disposal of the petition. The
petition will be disposed according to CPC.
RESTORATION OF MEMBERSHIP S.37.
When a sentence for disqualifying a member is annulled
then he can apply for restoration to the panchayath on or
before the date of next meeting or within 15 days of like
receipt by him of such intimation . he shall be restored to
office for such portion of period for which he was elected
as may remain unexpired at the date of such restoration.
ELECTION. S.38 PANCHAYATH
S.68 MUNCIPALITY.
A General election shall be held for the purpose of
constitution or reconstitution of new panchayaths before
the expiration of the duration of the exisisting
panchayath.
BEFORE NOTIFICATION
Under Art 243K of the constitution the state election
commission has to apply to the governor of state to make
available the staff necessary for the discharge of the
functions.
SECRETARY TO ELECTION COMMSSIONER
The government in consultation with the election
commission shall appoint an officer not below the rand
of Addl. Secretary to government as Secretary to election
commissioner.
The state election commission shall in consultation with
the government nominate such officer of government or
local authority as officer, for the purpose of preparation
and revision of electoral rolls and conduct of election.
DISTRICT ELECTION OFFICER
The state election commission shall in consultation with
the government, designate or nominate an officer of the
government or a local authority as district election officer
for each district. He may designate or nominate more
than one officer for this purpose.
State election commissioner shall specify the area in
respect of such officer.
DUTY
Subject to the superindence, direction, control of state
election commission every district election officer shall
co-ordinate and supervise all works in the area with in
his jurisdiction including preparation and revision of
electoral rolls. It shall also perform such other functions
as may be entrustued to him.
ELECTORAL REGISTRATION OFFICER S.114
The electoral rolls for all the constituencies comprised is
village panchayath shall be prepared and revised in such
manner as may be prescribed by an electoral registration
officer who shall be such officer of the government or of
a local authority as state election commissioner in
consultation with the government designate or nominate
in this behalf.
An electoral registration officer subjected to any
registration employ competent teachers of schools
including aided schools or government employees or
employees of local authorities for preparation of electoral
roll for the constitutencies.
Assistant Electoral Registration Officer s.115.
The state election commissioner may designate one or
more persons as assistant electoral registration officer in
the performance of his function. The assistant electoral
registration officer shall be an officer of government or
of a panchayath.
PROCEDURE FOR CONDUCT OF ELECTION
A notification of election shall be published in the
official gazette on such dates or date as recommended by
state election commission or secretary to state election
commissioner.
Subject to the superindance , direction,and control of
state election commission district election officer shall
supervise all works in connection with the conduct of all
election to panchayath.
POLLING STATION .S 101-104 M, S45-48P.
The district election officer shall with the previous
approval of state election commission provide sufficient
number of polling station for every panchayath with in
its jurisdiction. The details of such polling station and
group of voters for that station shall be displayed in such
manner as election commission directs.
A presiding officer shall be appointed by the district
election officer for each polling station or polling
stations. It si the duty of presiding officer to see election
is conducted fairly.
The district election officer to assist shall appoint polling
officer to assist the presiding officer for such station.
The polling officer shall not have any connection with
candidate. S.46.
 APPOINTMENT OF DATES FOR NOMINATION
S.105BM, S.49 P.
Notification
The election commission by notification in gazette
appoint.
1. Last date for making nomination which shall be 7 dayth

after the date of publication of notification, if that day

is a public holiday, the next succeeding day which is
not a public holiday.
2. The date for scrutiny of nomination shall be the day
immediately following last date for making
nominations or if that day is a public holiday the next
succeeding day which is not a public holiday.
3. The last date for the withdrawal of candidature shall
be the second day after the date for the scrutiny of
nominations or if that day is a public holiday the next
succeeding day which is not a public holiday.
4. The dates on which poll shall be taken shall be a date
not earlier than 20 day after the last date for
th

withdrawal of candidature.
PUBLIC NOTICE
The returning officer shall five a public notice of the intended
election inviting nomination specifying place/date of
nomination/presentation of nomination. Each person either
personally or by his proposer present his nomination between
11am to 3 pm it must be signed by candidate.
On presentation of nomination, the returning officer shall
satisfy himself that the names and electoral roll no of
candidate and his proposer as entered in the nomination paper
are the same as that in electoral roll.
Candidate shall deposit such sum as may be decided as
deposit.
Scrutiny
On receiving the nomination paper, the date /time/place of
scrutiny shall be entered in the nomination paper and its serial
number shall be entered in it. The returning officer shall sign
and certify the nomination stating the date /hours in which
nomination is delivered to him.
Notice of the nomination shall be affixed in some conspicuous
place in his office.
On the date fixed for scrutiny the candidates their election
agents one proposor for each candidate and one other person
duly authorized in writing by each candidate shall examine
the nomination of all candidate.
Any objection raised by other candidate/agents shall be
decided by the returning officer. He may reject the
nomination on following grounds.
a. The candidate was disqualified on the date of
nomination.
b. Signature of candidate/proposor is not genuine.
Any objection shll be decided by the returning officer with in
one working day. The returning officer shll endorse on ech
nomination paper his decision a ccepting /rejecting the
nomination nd reason for rejection.
After that a list of validity nomina ted candidate shall be
affixed.
WITHDRAWA L OF CANDIDATURE
Any candidate may withdraw his candidature by a notice in
writing before 3 o clock in the afternoon on the date
prescribed for withdrawal of candidature.
Immediately after the expirey of the period with in which
candidature may be withdrawan the list of the contesting
candidates may be published.
PROCEDURE IN THE CONTESTED AND
UNCONTESTED ELECTION
If the number of contesting candidates for a constituency is
more than one poll shall take place.
If there is only one candidate for a constituency the returning
officer shall declare him to be duly elected if no candidate is
there election procedure shall start afresh.
The state election commission shall fix the hours during
which poll shall be taken. The total period allotted on any one
day for polling at an election in a constituency shall not less
than 8hrs between 7a.m. and 5 p.m.
MANNER OF VOTING AT ELECTION
At every election poll is done by giving ballot. With a view to
prevent person *** of election a mark with in delible ink shall
be marked in thumb or any finger of elector.

Right to vote
1. A person whose name is in the voters list can vote.
2. He cannot vote in more than one constituency.
3. He cannot vote if he is confinement in prison whether in
sentence of imprisonment/transportation or in lawful
custody of police.
Counting of votes
At every election where a poll is taken votes shall be counted
by or under the supervision and direction of the returning
officer and each contesting candidate, his election agents and
his counting agent shall be present at the time of counting.

Equality of votes
If after counting of votes is completed, an equality of votes is
found to exist between any candidates and the addition of one
vote will entitle any of those candidate to be declared as
elected, the returning officer shall forth with decide between
candidates on whom the lot falls had received an additional
vote.
DECLARATION OF RESULTS
When one counting of votes is completed the returning officer
shall direct election commissioner to declare result.
REPORT OF RESULT
As soon as the result is declared the returning officer shall
report the result to the panchayath, to state election
commission, shall publish it in official gazette.
ADJOURNMENT OF POLL IN EMERGENCY
1. If poll is affected by riot/open violence.
2. Natural calamity.
The returning officer shall report to the state election
commission and with previous approval of state election
commission appoint the day on which poll will
recommence.
Fresh poll in case of destruction of ballot boxes or booth
capturing.
The returning officer inform state election commission
and he shall declare the poll at that polling station to be
void and appoint a day for fresh poll.
ELECTION PETITION
S.87 P, S.163 M.
No election shall be called in question except by an
election petition.
JURISDICTION
1. In village panchayath – Munsiff court having
jurisdiction over the place in which the head quarters
of panchayath is located.
2. In case of Block Panchayath/dist. Panchayath-district
court having the jurisdiction over the place in which
the head quarters of panchayath is located.
The government shall in consultation with HC notify
the appropriate courts in the gazette.
GROUNDS FOR DECLARING ELECTION TO BE
VOID S.102.
The court is of the opinion that
A.On the date of election a returned candidate was not
qualified or was disqualified to be chosen to fill the
seat.
B.That any corrupt practice has been committed by
returned candidate or his election agent or by any
other person with the consent of a returned
candidate.
C.That any nomination has been improperly rejected.
D.That result of election has been affected
1. By improper acceptance of nomination.
2. Any corrupt practice.
 3. Improper reception, refusal, rejection of vote
which is void.
4. By non compliance of the act.
However if such corrupt practice was done without the
knowledge , consent of candidate/election agent than election
will not be debarred.
Grounds on which a candidate other than the returned
candidate may be declared as elected .103.

1. Petitioner received the majority of votes.

2. But for the votes obtained by the returned
candidate by corrupt practices the petitioner
would have obtained a majority.
PRESENTATION OF PETITION
An election petition can be presented on grounds available
under section 102 and 103.
The petition can be preferred with in 30 days from the date on
which the returned candidate was declared elected.
PARTIES
The petitioner for declaring an election as void may make the
returned candidate as respondent. Bt if he wants himself or
any other candidate to be declared as elected then he has to
make all other contesting candidates other than the
petitioner/othr candidate whom he wants to be elected as
respondent . any interested party by paying cost join as
respondent within 14 days from date of commencement of
trial.
CONTENT OF PETITION
 1. Statement of material facts on which petitioner relies.
2. Particulars of corrupt practices and affidavit to support
allegations.
3. Signature of petitioner.
The procedure of CPC will be followed.
RECRIMINATION
The returned candidate or any other party may give
evidence to prove that the election of the petitioner
would have been void if the petitioner had been the
returned candidate. Such evidence has to be given after
giving of notice to the court within 14 days from the date
of commencement of trial.
DECISION OF COURT
1. Dismiss election petition.
2. Declare election of returned candidate as void.
3. Declare the election of returned candidate as void and
petitioner any other candidate as duly elected.
APPEAL S.113
Appeal can be preferred with in a period of 30 days from the
date of order of court.
If the decision is made by munsiff court then appeal is filed to
District court and if decision is made by District Court appeal
to High court.
Appeal shall be disposed with in 6 months from date of filing
of appeal.
PROCEDURE FOR WITHDRAWAL OF ELECTION
PETITION
 1. No withdrawal can be done except with the consent of all
petitoners.
2. No withdrawal will be permitted if in the opinion of
court that such withdrawal is the result of any bargain or
consideration which ought not be allowed.
The petititoner shall be ordered to pay costs of respondents
and notice of withdrawal shall be published in the officed of
the court.
A person who might himself have been a petitioner may
within 14 days of such publication apply to be substituted as
petitioner in place of party withdrawing. However he has to
pay security and comply any such procedure as court may
deem fit.

CORRUPT PRACTICES AND ELECTORAL OFFENCE

S.144 M
BRIBERY (120)
Any gift, offer, or promise by a candidate or his agent or by
any other person with the consent of a candidate or his
election agent of any gratification, to any person with
object**.
a. Person will stand or not stand as candidate.
b. Vote or refrain from voting.
c. The receipt of, or agreement to receive, ay gratification,
wheter as a motive or a reward.
d. By a person for standing or not standing as,or for
withdrawing or not withdrawing from being a candidate.
e. For voting or refraining from voting or inducing or
attempt to induce any elector to vote or refrain from
voting.
UNDUE INFLUENCE
Direct or indirect interference or attempt to interfere on the
party the candidate/agent/or other person with the consent of
candidate or his election agent with the free exercise of
electoral right.
Threatens that elector/candidate or any person on whom they
have interest will be subjected to injury, social octracism, ex-
communication or expulsion.
Induces or attempts to induce that he or any person on whom
he is interested will be subjected to divine displeasure.
Appeal for voting on ground of religion, race, caste,
community, or language or use of symbols relating to it.
Attempt to promote hatred, enemity between different classes
on ground of religion, race, caste, community.
Publication of untrue statements relating to other candidates
with intention to make the other candidate withdraw
candidature.
Hiring or making payment for vehicles for free conveyance of
elector to or from polling station. Punishment 1000 rs.(s.131)
Procuring an assistant from public servant in furtherance of
prospects of election.
Booth capturing (120).s.161 Muncipality.
6 Months-3yrs punishment.
Public meeting in connection with election is prohibited on
the day preceeding election (s.122). s.146 muncipality.
No person shall convene hold or attend any public meeting
with in 48 hours ending with the hour fixed for conclusion of
poll. S.122.
A person who causes disturbance at election meeting shall be
punished with 3 months.
A person who circulates/prints pamphlets or posters with out
disclosing identitiy of printer in itn and without consent of
state election commission, punishment is imprisonment for 6
months.
Non maintenance of secrecy of voting by officer, clerk, or
agent is punishable with 6 months imprisonment.
Officer of election if act for candidate shall be punished with
imprisonment for 3 yrs. If he
1. Persuade a person to vote at an election.
2. Dissude any person to vote at election.
3. Influence voting at any manner.s.126.
Prohibition of canvasing near polling station s.127.
s.151 muncipality.
No person shall on date of polling canvas votes with in a
distance of 200 meters from polling station. Punishment 3
months and fine.
Penalty for disorderly conduct near polling station .s.128.
Punishment 3 months /fine/both.
Penalty for failure to observe procedure for voting
s.130.
penalty: the ballot paper will be cancelled.
Penalty for government servants for acting as election agents,
polling, or counting agents
3 months+fine. S.135

Removal of ballot paper from polling station

3years+fine up to Rs 1000.
OTHER OFFENCES 138.
S.162 MUNCIPALITY
1. Fraudulently defacing/destroying
a. nomination paper.
b. removes list, notice, or other document affixed by returning
officer.
2. supplies or receives ballot paper without authority.
3. puts in ballot box anything other than ballot paper.
4. open /destroys ballot box.
Doing/abetting/aiding any such acts
Official doing such act is punishable with 2 yrs+ fine.
Other persons-6months+fine.

STATE ELECTION COMMISSION

POWERS OF COMMISSION
For the purpose of determining the disqualification of
candidates/subsequent disqualification of elected candidate it
has all powers of civil court and has to follow cpc.
It can
 a. Summon or enforce attendance of any person and
examine him on oath.
b. Require discovery and production of any document or
material object.
c. Receive evidence of affidavit.
d. Require public record or copy there of.
e. Issue commission for examination of witness.
f. Require any person/government servant to furnish
information subject to their privilages.
g. In relation to corrupt practices it has to follow CRPC and
forward complaint to magistrate court.
h. Any proceeding before commission shall be considered
as judicial proceedings.
i. It can regulate its own proceedings.
j. No prosecution shall lie against election commission for
acts done in good faith.
The statements made to election commission cannot be taken
as evidence against a person except in prosecution for giving
false evidence.
BAR OF JURISDICTION OF CIVIL COURTS(S.147)
N o civil court shall have jurisdiction.
a. To entertain or adjudicate upon any question whether any
person is or is not entitled to be registered in an electoral
roll for constituency.
b. To entertain any question on the legality of any action
taken by or under the authority of an electoral
registration officer or of any decision, given by any other
person appointed under the Act for revision of any such
rolls.
c. To entertain any question on the legality of any action
taken or of any decision given by the returning officer or
by any other person appointed under the act.
ELECTION OF PRESIDENT AND VICE PRESIDENT
The meeting for the election of president and vice
president shall be held with in 3 weeks forum which the
name of members who are elected are published by the
state election commission. The date are fixed by state
election commission.
Effective conduct of the election is the responsibility of
the returning officer. The election shall be by open
ballot and member voting shall record in writing his
name and signature on reverse of b allot paper.
The result of election shall be published by state election
commission in such manner as may be prescribed.
Disputes on validity of election of president or vice
president.
Any member of panchayath file a petition.
1. In case of village panchayath befor munsiff court
having jurisdication over the area which its head
quarters is situated.
2. In case of Block Panchayath or Dist panchayath before
the District court having jurisdiction over te area in
which headquarters situated.
Provisions of CPC applicable.
RESIGNATIONS
Resignation can be given to secretary.
VACATIONS OF OFFICE
1. Expirations of term of office.
 2. Sentence for imprisonment of any offence involving
moral turpitude.
Reservation of seat of president for women.
1. 1/3 total no of offices of president of village/block/dist
shall be reserved for SC/ST.
2. 1/3 of total no of offices of president of village/block/dist
that is not reserved for SC/ST shall be reserved for
women.
Reservation shall be based upon the proportion of population
of SC/ST/Women in each divison. The place where their
population is the highest will be reserved for them.
Reservation shall be in rotation.
Where the office of president is to be reserved for women and
SC/ST is the one and the same preference shall be given to
reserving such seat for SC/ST and the office of president in
panchayath at next having to largest % of population of
women shall be reserved for woman.
If in the panchayath reserved for SC/ST have a more % of
population as woman has it shall be reserved for women
belonging to them.

FUNCTION OF PRESIDENT/VICE PRESIDENT

S.156.
a. president or in his absence vice president.
b. Preside over and regulate the meetings of panchayath and
gramsabha.
c. Supervise and control over the acts done and actions
taken by all officers and prepare their confidential report.
d. Incur contigent expenditure up to such limit as may be
fixed by government from time to time.
e. Authorize payment and refunds pertaining to the
panchayath.
f. Came to prepare all statements and reports under the Act.
g. Exercise such other powers as are necessary under the
act to do its function.
MOTION OF NONCONFIDENCE .S.151
A motion of nonconfidence is introduced for
expressing want of confidence in president or vice
president. It shall be introduced only after 6 months
of assumption of office.
PROCEDURE.
1. Notice of the intention signed by elected
members of panchayath not less than 1/3 of the
sanctioned strength of elected members together
with copy of motion which is proposed to be
moved shall be delivered to officer authorized for
that purpose by state election commission.
2. With in 15 days of notice such officer shall fix a
date for conducting non confidence motion.
3. Before, 7 days of such date all elected members
shall be informed of that date. Notice shall also
affixed in the office of panchayath.
4. The meeting shall not be adjuourned on any other
reason than matters beyond human control.
5. The meeting convened shall be presided by the
officer authorized by state election commsion.
6. The presiding officer shall read at the meeting the
motions for confidence of which it has been
convened and declare it to be open for debate.
7. For 3 hrs they may debate on motion and after
has motion shall be put to vote by open ballot
 writing their name and signature on revenue side
of vote.
8. If majority of members support the motion the
president/vice president shall vacate seat.
9. If motion fails then no motiton against them shall
be made with in 6 months.
The copy of the minutes of the meeting together with the copy
of motion and result of voting shall be forwarded to
government.

PANCHAYATH MEMBERS TO SUBMIT

STATEMENT REGARDING ASSETS.S.159
 Members of panchayath with in 3 months

from date of assuming office file statement

of assets and liabilities of himself and family
members before competent authority.
 If they accure any other assets after filing of

statement he shall file a new statement of the

property acquired by him with in 3 months
of such acquisition.
 A person who does not provide or provides

false statement shall be prosecuted for

giving false statement and shall be
disqualified from continuing as member.
MEETINGS OF PANCHAYATHS
The interval between 2 meetings shall not exceed 1 month.
Special meetings can be conducted by notice in writing is
given to president by not less than 1/3 members specifying the
purpose of meeting.
The meeting shall be presided over by president and in his
absence vice president or in absence of both of them any
member chosen by members present.
The person presiding shall decide the order in which the
matters to be decided are to be presented.
All matters shall be decided on basis of majority of votes and
in case of equality of votes the presiding person can cast vote.
The presient or chairman of committee or ay member may be
prevented from voting or even being present in meetings on
matters in which they have direct/indirect pecuniary interest.
No resolution of a panchayath shall be
modified/varied/canceled within 3 months of passing unless a
resolution supported by 2/3 of whole no of members permit it.
Any member who is present at a meeting of the panchayath
shall have right to give the secretary a note of dissent
regarding a resolution by panchayath If he voted against such
resolution within 48hours of conclusion of meeting.
The secretary shall forward copy of minutes of every meeting
of the panchayth and the copy of the note of dissent to the
government.

STANDING COMMITTEE
Muncipality s.20
Town Panchayaths
1. Standing committee for finance.
2. Standing committee for Development.
3. Standing committee for welfare.
4. Standing committee for health and education.
Muncipal council
1. Standing committee for finance.
2. Standing committee for Development.
3. Standing committee for welfare.
4. Standing committee for health.
5. Standing committee for work.
6. Standing committee for education, Arts, and sports.
Municipal corporation
1. Standing committee for finance.
2. Standing committee for Development.
3. Standing committee for welfare.
4. Standing committee for health.
5. Standing committee for work.
6. Standing committee for town planning.
7. Standing committee for appeal relating to tax.
8. Standing committee for education.

ELECTION
Every standing committee shall consist of such number of
members including its chairperson as may be prescribed by
election commission one place shall be reserved for woman.
A all other members (counsilors) except chairperson and
deputy chairperson shall be elected member of standing
committee.
The chairman of ay standing committee other than the
standing committee for finance shall be elected by the
members of the respective standing committee form among
themselves.

RESERVATION OF WOMAN
In a town panchayath where the office of the deputy
chairperson is reserved for women, the office of chairman of 2
standing committee except that of the standing committee for
finance shall be reserved for woman.
In municipal corporation the office of Deputy mayor
isreserved for women the offices of chairmen of the 3
standing committiees except the standing committee for
finance shall be reserved for women. In municipal coporation
whre the office of Deputy mayor is not reserved for women,
the offices of chairmen of 4 standing committee for finance
shall be reserved for women.
The reservation shall be in rotation.
Non confidence motion
The motion of non confidence in respect of chairman of
standing committee other than standing committee for finance
may be moved and such mothion if passed with support of
majority of total no of member of standing committee the
chairman shall vacate office.
Any vacancy of place of councilor/ standing committee shall
be filled with in 30 days of vacancy.
FUNCTION OF STANDING COMMITTEE OF
MUNCIPALITY
Standing committee for development
Agriculture, soil conservation, animal husbandry, institutional
finance and prepare the development plan for corporation.
Standing committee for welfare
Welfare of women and children, development of SC/ST,
social welfare.
Standing committee for works
Public works, housing, electricity water supply, drainage
Standing committee for town planning
Town planning- regulation of building construction, urban
beautification, art, culture, preservation of monuments.
Standing committee for appeal
Shall dispose of appeals on taxation and give direction to
secretary to levy in respect of cases which escaped assent and
reassess under****.
Standing committee for education
Education and sprots
Standing committee for health- public health, health services,
sanitation, control of dangerous and offensive trade.
STANDING COMMITTIEES UNDER PANCHAYATH RAJ
AND MUNCIPALITY
VILLAGE LEVEL
1. Standing committee for finance.
2. Standing committee for development.
3. Standing committee for welfare.
Functions of standing committee
Standing committee for finance shall deal with the subject of
finance, tax, accounts, audit budget, general administration,
appeal relating to tax and subjects not allotted to other
committees.
Standing committee for development
Deals with subjects of development, planning, socio economic
planning, agriculture, social conservation, social forestry,
animal husbandry, dairy development, minor irrigation.
Standing committee for welfare
Development of SC/ST, development of women, children,
social welfare, slum improvement, poverty alleviation, public
disturbance system, public health sanitation, education, art
and culture.
BLOCK PANCHAYATH
1.standing committee for finance.
2. standing committee for development.
3. standing committee for welfare.
The standing committee for finance deal with subjects like
finance, accounts, audits, budget, general administration, and
subjects not allotted to other standing committee.
Standing committee for development shall deal with subjects
like development planning, socio and economic planning,
agriculture, animal husbandry, minor irrigation, fisheries,
small scale industry, public works, housing, electricity,and
maintenance of water shed.
Standing committee for welfare shall deal with development
of SC/ST develop of women and children , social welfare,
poverty alleviation, public health, education, art, culture, and
entertainment and environment.
DISTRICT PANCHAYATH]
1. Standing committee for finance.
2. Standing committee for development.
3. Standing committee for public works.
4. Standing committee for health and education.
5. Standing committee for welfare.
Standing committee for finance shall deal with finance,
accounts, audit, budget, general subject not allotted to
others.
Standing committee for development shall deal with
development planning, socio economic planning,
agriculture, social conservation, animal husbandry, minor
irrigation.
Standing committee for public works shall deal with
public work, housing and environment.
The standing committee for health and education deal
with public health and education.
Standing committee on welfare deal with social welfare,
development of woman, children development of SC/ST.
Every resolution based by standing committee shall be
placed before panchayath and panchayath can modify
such resolution if necessary.
STEERING COMMITTEE
To coordinate and monitor the functions of standing
committees.it consist of president, vice president, and
chairmen of standing committees. Presidant shall be
chairman of such committee.
FUNCTIONAL COMMITTEES
Functional committees may be constituted for
agriculture, sanitation, communication and other social
welfare activities consisting of both members of
panchayath and others who are interested in public
welfare nominated by panchayath.
SUBCOMMITTEES
Panchayath may constitute sub committees to assist the
standing committee functional committees for executer
of any work, scheme, project. It consist of members and
other nominated parties by panchayath.
WARD COMMITTEES
Village panchayath constitute for each constitutency with
members of constituency and local inhabitants to study
and report on needs of constituencies.
CONSTITUTION OF JOINT COMMIITTEE
For purposes for which panchayath and LGS institutions
are jointly responsive constitute a joint committee.
FUNCTION OF VILLAGE PANCHAYATH
1. Regulating building construction.
2. Protection of public lands against encroachment.
3. Maintenance of traditional drinking water socurce.
4. Preservation of ponds and other water tanks.
5. Maintenance of waterways and canals under the
control of village panchayath.
6. Collection and disposal of social waste and regulation
of liquid waste disposal.
7. Storm water drainage.
8. Management of public market.
9. Management of public markets
10. Vector control.
11. Regulation of slaughtering of animals and sale of
meat, fish and other easly perishable food stuff.
12. Control of eating places.
13. Prevention of food adulteration.
14. Protection of roads and other public properties.
15. Street lighting and its maintenance.
16. Adopt immunization programmes.
 17. Effective implementation of national and state level
strategies and programs for prevention and control of
disease.
18. Establishment and maintenance of burial and buring
grounds,
19. Issue of licences to dangerous and offensive trades.
20. Registration of birth and death.
21. Providing bathing and washing **.
22. Provision for ferries.
23. Provision for parking spaces for vehicles.
24. Construction of waiting shed for travellers.
25. Provision for toilet facilities and bathing ghuts at
public places.
26. Regulate the conduct of fairs and festivals.
27. Issue licence to domestic dogs and to destroy stray
dogs.
GENERAL FUNCITON
1. Collection and updating of essential statistics.
2. Organize voluntary workers and make them participate
in collective activities.
3. Organize campaigns for thrifts.
4. Awareness building against social evils like drinking,
consumption of narcotics, dowry.
5. Ensuring maximum people participation.
6. Organize relief activities during natural calamities.
7. Inculcating environment awareness.
8. Promoting co operative sections.
9. Enhancing communal harmony.
10. Legal awareness among weaker sections
11. Campaingn against economic offence.
12. Organizing neighbor hood groups
13. Awareness of civic duties.
POWERS, DUTIES, FUNCTIONS OF Block Panchayath
1. Executive powers for schemes in 4 schedule.
th

2. Provide necessary financial, technical, and other

assistance to Block panchayath.
3. Grants in aid sanctioned in respect of 4 schedule is
th

distributed through block panchayath.

4. The block panchayath shall administer institutions and
schemes transferred to it by government on schemes of
4 schedule subject to the guidelines and technical
th

assistance of government.
POWERS, DUTIES AND FUNCTIONS OF District
Panchayath.
 Implement schemes under 5 schedule.
th

 Government provide necessary financial technical and

other assistance ot district panchayath.
 All grants in aid sanctioned in respect of matters
enunciated in 5 schedule.
th

 Government as shall transfer projects , buildings, and

properties, and assets and liability connected with matter
of 5 schedule.
th

 It cannot sell, transfer, alienate, or pledge such

properties.
OFFICERS AND EMPLOYEES OF PANCHAYATH
Secretaries
Panchayath shall be a government servant. Government may
transfer secretary from a panchayath by a resolution of
panchayath passed by special meeting called for the purpose
by a simple majority of votes.
The panchayath shall be competent to impose minor penalties
on its secretary.
An appeal against order of panchayath can be made to
authority by government. The authority after giving appellant
an opportunity of being heard, confirm, cancel or modify, its
order.
REVIEW
Suo motto, or on application government can review decision
of panchayath.
FUNCTIONS
1. Attend the meetings of panchayath and of the standing
committee and may take part in the discussion purely
advisory capacity, but shall have no right to move any
resolution or to vote
a. He may record his views on any matter as may come
before it and it shall be informed to panchayath.
b. Attend any meeting of committee if so required to do by
president.
c. Carry into effect resolution of the panchayath.
Unless such resolution is;
Excess of powers,
Endanger human life,
Health or public safety.
he may in the above 3 condition ask panchayath to review the
resolution if the panchayath is not ready to review then
inform government. if panchayath does not make decision
with in 15 days the resolution shall be implemented.
e. Control the officers and employee working under
the panchayath subject to general
superintendence of president.
f. Discharge all duties and exercise all powers specifically
imposed on secretary.
g. Meet the expenses delegate by the president.
h. Give amounts either by cheque or cash for all
kinds of expenditure authorized by panchayath.
i. To be responsible for safe custody of panchayath
fund.
j. To keep the accounts of receipts and expenditure
of panchayath.
k. Keep the records of the meeting and proceeding of
panchayath.
l. Have power to initiate disciplinary action against
employees of panchayath.
m. Place before the standing committee for finance the
monthly accounts of the panchayath before the 10th of
succeeding month.
n. Prepare annual accounts of statement of the
preceeding financial year and place before the
panchayath before 30 of june of the succeeding
th

financial year.
o. Furnish the return, accounts, statements, and other details
when called by got or audit authority.
p. Inspect or cause to be inspected the accounts of
the institution under the control of panchayath.
q. Keep the records of the panchayath the standing
committies, the execute, commiittees, such other
committees and the grama sabha.
r. Co ordinate the preparation of annual plans and 5
year plans with the time specified by government
so as to unable the district planning committee to
approve the same.
s. Disburse the plan funds to the officers concerned and
render utilization certificate ot government.
In absence of secretary any other officer may be
authorized to do his function. Secretary may with
permission of panchayath delegate his powers to
another person.
OFFICERS AND EMPLOYEES OF
PANCHAYATH
They a re government servants, the panchayath shall
pay the officers and employees such salary and
allowances as may be fixed by government. the
classification of service, allowances fixed by
government.
The engineering and other staffs may be appointed
and salary will be paid by panchayth.
Secretary has power to grant leave panchayth can
impose minor penalties on any officer. An appeal
imposing minor punishment shall lie to the authority
entrusted by government.
Subject to terms and condition the government may
lend services of their officers and employees to
panchayath. Disciplinary action in that case shall be
entitled to make by panchayath.
Government presecribe a code of conduct in
respected of elected authorities.
Where any officer of the panchayath is conferred
with any statutory powers and functions to be
exercised independently and solely the panchayath
president/chairman of standing committee or any
member shall not interfear or influence the exercise
of such powers and functions.
FINANCE COMMISSION AND ITS POWER
S.186 PANCHAYATH.
The commission shall consist of 3 members
including chairman
QUALIFICATION OF MEMBERS
1. One person who have special knowledge and
experience in financial matters and economics.
2. Other two shall be persons having experience in
public administration or local administration or
having special knowledge in financial matters and
accounts of government and local bodies.
TERM OF OFFICE
Fixed by governor. The persons are eligible for re
appointment .Resignation is to be given to
governor.
POWERS
All powers of civil court including summoning
and enforcing the attendance of witness, requiring
production of documents, requisition any record
from requisition of public record or information
from any individual person.
DUTIES
To submit recommendation to governor
regarding;

1. the sharing among the government and

panchayath of net income of taxes, duties, cess,
and fees which are being levied by the
 government and which may be shared with
panchayath.
2. Fixing the taxes, duties, cess andfees which
may be earmarked for the panchayath.
3. Criteria regulating the financial aid for the
panchayath from the state consolidated fund.
4. Steps for improving the financial position of
panchayath.
5. Any other matter referred to it by governor.
The recommendation of commission and explanatory
memorandum of steps taken by it shall be laid down before
assembly by governor.
STAFF:- Person of knowledge and experience in financial
matter will be appointed as staff.
FUNCTIONS OF GOVERNMENT. S188 Panchayath.

1. Power to inspect records of panchayath

A.Call for any record, register or other document in the
possession or under the control of panchayath. Such
document should be returned after taking copy.
B.Require panchayath to furnish return, plan, estimate,
statement of account.
C.Require any panchayath to furnish any information or
report on any matter connected with it.
D.Require panchayath to obtain previous sanction before
giving up a claim.
E. Record in writing for the consideration of panchayath
anyobservations regarding to proceedings or duties of
panchayath.
F. Inspecting any office of panchayath.
TECHNICAL SUPERVISION AND INSPECTION.
Technical officers of government departments and heads of
departments nominated by government inspect development
works of panchayath.
POWER TO GIVE INSTRUCTION AND CONDUCT
INQUIRY
GOVERNMENT in accordance with national and policies can
advice panchatath in financial matters, maintenance of
accounts, office management, formulation of schemes,
selection sites and beneficiaries, proper functioning of
gramasabha, welfare programmes.
In case of default on part of panchayat in performing duties in
may arrange for enquiry.
If panchayath president and secretary fails to perform duty
under the Act
 Government instruct them to do the duty within
prescribed fee.
 If they fail then another officer will be appointed to do
their duty after given opportunity to be heard.
POWER OF CANCELLATION AND SUSPENSION OF
RESOLUTION .S.191.
It can cancel/suspend resolution if;
a. It is not legally passed.
b. Excess of power.
c. Endangers human life, public safety, communal
harmony.
d. Violation of direction of government.
Before cancelling/amending resolution government refer the
matter to ombudsman and after hearing parties he will sent his
recommendation to government and government will act on
this.
ADMINSTRATION REPORT OF PANCHAYATH
Panchayath shall publish and report on every 13 the sep of the
succeeding year. If it is not published government may with
hold payment of grants due to panchayath.
DISSOLUTION OF PANCHAYATH
Conditions
1. Panchayath fails to pass the budget for succeeding
financial year. Causing financial crisis and majority of
members resign or are disqualified.
2. Panchayath defaults to perform duties imposed by law on
it, exceeds or abuse power.
After giving opportunity to be heard send the matter for
reference of ombudsman and take final decision based on its
advice.
However, if legislative assembly is of the opinion that
panchayath should continue then it will continue.
FINANCE AND TAXATION
S.195
Government on recommendation of finance commission after
due appropriation made by state legislature by law make
grants, shares of takes, duties, cess and fees for discharge of
their function.
The shares of taxes collected by the government shall be
distributed among panchayaths at all levels in an equitable
manner according to the formula fixed by government.
GRANTS AND LOANS FOR SCHEMES AND PROJECTS
Specific loans and grants can be utilized for the purpose for
which it is given,
ANNUAL REPORT OF GRANTS
The state chief secretary shall immediately after each financial
year submit an annual report to governor in respect of amount
of annual grant as due to panchayath and amount of grant
actually paid to panchayath and criterion adopted by
government for such payment.
POWER OF PANCHAYATH TO RAISE LOAN
Panchayath may borrow any sum of money which may be
required for the purpose for which panchayath is constituted.
Power to panchayat to collect fixed fees.s.198.
Panchayath may collect fees from beneficiaries of the
institution run or finance wholly or partially by it at such
rates.
Eg.Toilet facilities, parking facilities.
The amount collected as service charge shall be utilized for
the up keep and maintenance of such facilities and services.
Surcharges on tax on direction by the government
The government may be order published in gazette direct any
village panchayath to levy from the whole panchayath area a
surcharge not exceeding 5% on the tax levitate under Act by
that panchayath at such rates and which effect from such date
not being earlier than 1 day of the half year immediately
st

following that in which the order is published, as may be

specified in order to cover any expenses to be incurred by
district panchyath and block panchayath in respect of any
plan, project or work.

Taxes, cess levied by village panchayath

1. Property tax.
2. Professional tax.
3. Advertisement tax.
4. Entertainment tax.
Basic tax grant
The government shall pay annually as recommended by the
finance commission to each panchayath at the village level in
state a grant which shall be equal as nearly as may be 3/8 of
the amount of basic tax collected by the government in last
preceding year from the panchayath.
Property tax
Every village panchayath shall in accordance with the rules
prescribed for the purpose levy a property tax on all the
building and appaurtenant thereto situated within the
panchayath area and not exempted at such % as may be
determined by village panchayath on the net annual value
determined or the basis of plinth area and type of
construction.
Government may make rules
1. The manner of ascertaining the net annual rental value
of building.
2. The person who shall be liable to pay taxes and the
giving notices of transfer of buildings.
 3. grant of exemption from tax on the ground poverty.
4. To grant of vacancy and other remission.
5. The circumstances in which building constructed or
demolished or situated in area included in or excluded
from panchayath area during any half year shall be liable
to the whole or any portion of tax.
Method of fixing the annual value of property based on
the plinth area of building.
1. maximum tax to be paid by the assesse.
2. Return to be filed by the owner of building.
3. rate of deduction allowed and on age nd use of
building.
Professional tax s.204
The professional tax shall, subject to such rules as may be
prescribed by levied every half year in every village
panchayath area.
I. every company which transacts business in such panchayath
area for not less than 60 days in aggregate in the ½ year.
II. everyperson who in the half year
a. exercise profession, art or calling or transacts business or
holds any appointment, public or private within
panchayath not less than 60 days on receipt of any
income form investment, outside panchayath but who
resides in it for not less than 60days in aggregate.
The professional tax levied at such rates as may be fixed by
the villge panchayath not exceeding maximum rates
prescribed.
A person shall be chargeable under the class appropriate to
his aggregate income from all sources it does not include a)
house rent allowances, conveyance allowance b) travelling
allowances.
205 F Assessment of profession tax by head of office
The secretary shall during the month of may and nov in every
half year by notice require every head of office or employer to
assess all employees in his institution who are liable to put
professional tax. Before the end of FEB and AUG every year
the head of office and employee assess tax and recover from
them and pay over to village panchayath together with a list of
employees whose tax has been assented giving the details
such as name, designation. Half yearly income and the
amount of tax recovered and shall furnish certificate of the
same.
Every self drawing officer shall before the end of aug and feb
remit, or cause to be remitted to village panchayath
professional tax due from him in respect o such ½ year
inaccordance with the schedule of tax in force along with a
statement showing the details of half yearly income, secretary
shall issue official receipt.
Exemption from tax, cess etc
1. places set apart for public worship.
2. Choultries for occupation of which no rent is charged
and choulters were the rent charged for occupation is
used exclusively for charitable purpose.
3. Buildings including hostels under the ownership and use
of educational institutions recognized by government
public buildings used for charitable purpose of providing
shelter to destitute, animals and libraries and playground
open to public.
4. Ancient monuments protected under the law relating to
the protection of ancient monuments for the time being
 in force or part thereof as are not used as residential
quarters or public offices.
5. Burial and burning grounds.
6. Building or land belonging to panchayath.
7. Such property of the government not being buildings as
may from time to time be notified by government.
8. Buildings with mud wall or roofs thatched leaves or light
weight sheets and having a plinth area of less than 20 sq
m.tr.
9. Residential building constructed by a person belonging
to economically weaker section using government
subsidy and having a plinth area of less than 20 sq.mtr.
With government sanction panchayath may exempt any
person or class of persons from payment of tax, cess, or
duties.
PUBLIC SAFETY, CONVENIENCE, AND HEALTH
S.218.
All rights and liablites of government in relation to the
water courses, springs, reservoirs, tanks, cisterm,
fountain, wells, shall vest in the village panchayath.
It is not lawful for any person to remove or appropriate
for himself any tree, earth, sand, metal, limeshell or such
other articles of value as may be notified by village
panchayath from any land which is transferred to or
vested in the village panchayath except under and in
accordance with the terms and conditions of permit
issued by the village panchayath in this behalf and on
payment of such fees and compensation at the rate
determined by the village panchayath.
The persons who have control over places of pilgrimage
(temple/mosque) have to make contribution to
 panchayath if they fail to do it will be recoverable as
arrears from land .s.219.
Removal of rubbish s.219 A
Village panchayath shall make adequate arrangement for
a. Regular sweeping and cleaning of roads.
b. Removal of filth and the carcases of animals from
private premises.
c. Removal and burial of unclaimed dead bodies under
intimation to the police.
d. The removal of solid waste.
e. The daily removal of rubbish from dustbins and
private premises and with this object provide
i. Places for deposit of waste
ii. Covered vehicles for removal of filth.
iii. Vehicles or other suitable means for removal of
carcases of large animals.
iv. Dust bins, places for temporary deposit of
domestic waste, dust, ashes, refuse, offensive
matter, trade remains, carcases of animals.
Secretary make adequate provision for preventing the above
areas from being sources of nuisance.
The owners and occupiers have duly to provide for deposit of
rubbish and social waste.
Secretary may enter into contract with owner or occupier for
removal of rubbish or filth.
The secretary may introduce house to house collection of
rubbish. The secretary may with the sanction of village
panchayath entrust employees or village panchayath or
contractors for that purpose. The rubbish other than solid
waste shall be property of village panchayath.
Every village panchayath shall identify suitable places within
or outside the village panchayath area for the prupose of final
disposal of waste.
The village panchayath shall provide for recycling, treating,
processing and disposal of solid wastes into compost or any
other matter, construct, acquire, operate maintain and manage
any establishment with or outside, the village panchayath at
area and run it on a commercial basis or may contract out such
activity.
REMOVAL OF RUBBISH AND SOLID WSTE
ACCUMULATED ON NON RESIDENT PREMISES
Secretary may direct the owner or occupier of such premises
to make his own arrangements for disposal of such wastes and
for noncompliance of such direction, he may on conviction be
punished with fine which may extent to rupees 10,000.
Owner or occupier shall not be allowed to keep filth in his
premises for more than 24 hrs. the filth shall be deposited only
in the area which is meant for disposal of waste.
The cart for carrying waste should be properly covered.
Filth shall not be deposited in public streets. The employees
of village panchayath engaged in rubbish and solid waste
management service is prohibited from depositing waste at a
place other than specified.
Building of wall, fence, obstruction or project as on public
roads are prohibited.
PUBLIC MARKETS S.221.
Village panchayath provide places or use as public market or
close any such market. All public market shall be under the
control and management of panchayath.
The village panchayath may provide for lease of any portion
of public market at rates not exceeding the maximum
prescribed. These include
a. Fees for use of, or for threat to expose goods for sale
b. Fees for use of shops, stalls, stands.
c. Fees for bringing any goods for sale in such markets.
d. Fees on animals brought for sale in such markets.
e. Licence fees on brokers, commission agents, weightmen
and measures practicing their profession in such market
shall be fixed by the panchayath. The places used as
public markets shall be properly maintained by the
village panchayath and no part shall be used for any
purpose other than there related to functioning of market.
LICENSING OF PRIVATE MARKETS
The village panchayath can provide license for private
markets such license shall be renewed every year.
The panchayath will provide conditions as to
supervision, inspection, sanitation, and water supply
measures panchayat can suspent or cancel licence if
conditions are not satisfied. The license fees shall not be
exceeding 1/3 of the gross income.
No sale can be done in public roads. The people
suffering from contageous disease may be prevented
from entering markets.
BUILDING S.235.
The secretary of the village panchayath may affix a
number of particular size and form on the side or
outerdoor of any building or any place at the entrance to
 the compound. No person shall destroy, remove, or wipe
out any such number affixed on any building in any such
area, if the no had faded away the owner shall require
him to put the number.
The government can restrict the following areas form
being used,
1. No unhealthy or dangerous site may be used for
building construction.
2. No site shall be used for construction of a building
intended for public worship if the construction would
wound the religious feeling of any class or persons.

The govt can provide rules for

1. Application to construct or reconstruct buildings.
2. Requirement of prior approval of site.
3. Prohibition of commencement of work without
permission.
4. The period within which approval or disapproval shall
be intimated.(30days from receipt of application.
5. Period within which secretary is to grant or refuse to
grant permission to execute work(30 days from receipt
of application)
If the secretary does not act within the prescribed period,
village panchayath on written request of applicant determine
whether such approval or permission should be give within 1
month of the request approval /disapproval should be
informed.
GROUNDS ON WHICH PERMISSION MAY BE
REFUSED.
1. The work or use of the site of work comprised in the site
plan, gound plan, elevation, section or specification
would contravene any law or any order, rule,declaration
or bye law.
2. That application for the permission does not contain the
particular or is not prepared in the manner required by
any rule or bye law.
3. Documents not properly signed.
4. Any information/required by secretary is not duly
furnished.
5. Proposed building is encroachment upon a land
belonging to the government or village panchayath.
6. That land is under acquisition proceedings.

Order of stoppage of buildings or work

If the permission of secretary is not obtained or there is
contravention of any decision of village panchayath then
secretary may require any police officer to remove such
person and all his assistance and workmen from the
premises within the specified time. The secretary may if
he thinks fit require in writing the assistance of a police
officer or despute by a written order an officer or
employee of village panchayath to watch the premises in
order to ensure that the construction of the building or
the execution of work is not continuing and the cost
thereof shall be paid by the person at whose such
construction is exceuted.
PENALTIES
If a person disobeys the direction of secretary in case of
buildings 10,000, but 1000.
 Construction which affect public safety / danger to
human life—imp upto 1 year.
Registration of private hospitals and paramedical
institiutions
s.269 and s.310 MUN.
Hospital means any establishment or premises used or
intended to be used, for the reception or accomadation of
persons suffering from any sickness, injury, or infirmity
whether of body or mind and the providing of treatment
or nursing or both for them, including maternity home.
It does not include
a. Instititution for care of mentally retarded person.
b. Leporasy patient
c. Institution run by government.
d. Voluntary organisations.
Registration of private hospitals and private pharmaceutical
institutions
No private hospital or pharmaceutical institutions shall be
established within the territorial area of village panchayath
without prior registration in that village panchayath. Every
application for registration shall contain such particulars and
shall bee accompanied by such fees as may be prescribed.
PUNISHMENT FOR NON REGISTRATION
5000 rs to 500.
The village panchayath may collect such annual fees from
private hosptials for any services rendered by it at such rates
as may be fixed by them subject to rules made by government
for that purpose.
RIGHT TO INFORMATION
S.271A, S.517A.
Information means any material or information containted in a
document relating to the affairs of the panchayath, right to
access to information include right to take certified copies or
relevant extracts of document.
The procedure is as prescribed by government. The
government may categorise information as notified document
and no person shall have any right to such information and the
panchayath may reject any application.
The government may by general or special order direct the
panchayath to publish categories of information mentioned in
such order for the general information of people living in the
area of panchayath.
Application is made to secretary in such form and in such
manner and paying such fees as may be prescribed in that
behalf and the secretary or the office authorized by the
president shall furnish such information to the applicant with
in the prescribed period unless the application is rejected.
Reason for rejection should be recorded.
PENALITY
The secretary or any officer of the panchayath responsible for
furnishing any information shall be personally liable for
furnishing the same within the period prescribed (30
days)unless such information is in respect of notified
document.
PUNISHMENT
50 rs for each day of delay after the due date of furnishing the
information and fine so collected shall be credited to fund of
panchayath.
If information given is fake punishment 1000.
s.271 E
1. If the document even after thorough search is not traceable
by reason of expiry of period for preservation.
Document is not available for any other valid reason.
The information cannot be furnished the matter shall be
communicated to the applicant.

OMBUDSMAN FOR LOCAL SELF GOVERNMENT

S.271 G
Term of office and condition of service of ombudsman
Ombudsman is an authority for local self government for
making investigation and enquiries in respect of charges
involving corruption or maladministration or irregularities in
discharge of administrative function in accordance woth the
provision of act.
Corruption includes anything punishable under IPC or Under
prevention of corruption Act
Maladministration means action taken or purporting to have
been taken in exercise of administrative function it includes,
A.Action, administrative procedure or practice governing
such action if it is unreasonable, unfit, oppressive,
discriminatory resulting in illegitimate gain or loss or
will deny deserving benefits.
B.Willfull negligence or delay in taking actions,
administrative procedure or method regulating such
actions leading to loss or waste or misuse of fund ny
malfeasance or misfeasance.
APPOINTMENT
Ombudsman is appointed by the governor in consultation
of the chief minister. He will be a person who had held
the post of judge of HC.
Term of office is 3 years.
REMOVAL/RESIGNATION
Ombudsman by writing under his hand addressed to the
governor resigh his post.
Removal by force
The governor by an order can remove him. If the
decision of removal is supported by a majority of the
total membership of house of people and by a majority of
not less than 2/3 of members of legislative assembly
present and voting then only the governor can make such
an order.
GROUNDS FOR REMOVAL
1 Incapacity,
3. Misconduct.
Government may fix through rules the conditions and
service of ombudsman manner of filing complaint,
investigation procedure, implementation of orders and
on any matter which government may deem necessary
to prescribe.
FUNCTION
 1. Investigate into any allegation contained in a
complaint or on reference from government or has
come to the notice of ombudsman.
2. Enquire into complaint of corruption or
maladministration of public servant or local self
government institution
3. Pass an order on allegation in the following matter
a. Where the irregularity involves a criminal offence
committed by public servant, the matter shall be referred
to appropriate authority for investigation.
b. Where the irregularity causes loss or inconvenience to
citizen, direct the local self government to give him
compensation and to reimburse the loss from the person
responsible for irregularity.
c. Where the irregularity involves loss or waste or misuse
of the fund of local self government institution realize
such loans from those who are responsible for such
irregularity.
d. Where irregularity is due to omission or inaction cause to
supply the omission to rectify the mistake.
e. Ombudsman may pass interim orders restraining the
local self government institution from doing anything
detrimental to the interest of the complainant if it is
satisfied that much loss or injury will be caused to the
complaint due to alleged act.
f. The ombudsman by order impose penalty in addition to
compensation if it is of the opinion that irregularity
involves corrupt practice for personal gain.
POWER (same as that of civil court)
1. Summoning and enforcing the attendance of
witness.
2. Requiring the discovery and production of
any document.
 3. Receiving evidence on affidavits.
4. Re questioning any public records or copy.
5. Issuing commission for examination of
witness.
6. Such other power as prescribed.
7. Dismiss trivial complaint and impose cost on
complainant.
8. In case of complainant or loss/wastage of
resources by LSG it is found that they are
guilty and they fail to follow orders of
ombudsman then revenue recovery will
apply for them.

PROCEDURE
Receiving of complaint
Government by refer any allegation of corruption or
maladministration of LSG institutions/public servant.
Complaint given by ordinary person.
All cases of similar nature pending before government before
coming of ombudsman has to be transferred to it.
INVESTIGATION is conducted to verify that there is
primafacie case.

ENQUIRY
If the ombudsman is satisfied that there is prima facie case
against the officer it shall record its findings to that effect and
send notice to the complainant and opposite party.
The ombudsman has power to fix time/place of hearing.
Presence of legal practitioner is only permissible with the
consent of ombudsman. The parties heard evidence
examined.
INITIATION OF PROSECUTION
If after enquiry the ombudsman finds that there is prima facie
case against the accused involving a criminal offence, the
ombudsman may refer the complaint and findings to a
competent authority with recommendation for prosecution.
Disposal of complaints (civil)
Award compensation.
Order recovery of loans from person responsible.
Order the supply of omission or rectification of defects due to
in action.
Order recovery of loans from the accused failing of which
revenue proceedings will be initiated.
Order remedial measures.
If ombudsman finds the procedural practice regarding the
administration of LSG gives room for complaint it may give
suggestion to government relating to measure for avoiding it.
The ombudsman shall give annual detailed report to
government regarding functions under the Act.
Matters that cannot be inquired by Ombudsman
1. Matters in which formal inquiry has been ordered by
government t.
2. Remedy of tribunal is available.
3. Matter pending before court.
4. Matter in respect of which a formal and enquiry is
ordered under Commission of inquiries Act.
5. Complaint filed after expire of 3 years from the date on
which the matter in complaint have taken place.
Tribunal for LSG.S.271G.
The government shall constitute tribunal for every
district to consider and dispose off appeal/revision filed
against decision of LSG.
CONSTITUTION
One judicial office of rank of Dist Judge appointed by
government in consultation with CJ of H.C.
POWERS SAME AS THAT OF CIVIL COURT.

 Summoning and enforcing attendance of person.

 Discovery and production of documents.
 Receiving evidence by affidavit.
 Requisition of public documents
 Appointment of commission
The government fix condition of service of Tribunal,
manner of filing appeal, revision, procedure to be
followed, implementation of order.
THE KERALA MUNCIPALITY ACT 1994.
Constitution of municipalities ART 243 Q.
A.Nagar panchayath.
B.Municipal council for a smaller urban area.
C.Municipal corporation for larger urban area.
COMPOSITION
The legislature of state by law provide for
representation of municipality of
 1. Person having special knowledge or experience in
municipal administration they have no right to vote.
2. Members of house of people and the members of
legislative assembly of the state representing
constituencies which comprise wholly or partly of
municipal area.
3. The members of the council of state and the
members of the legislative council of state
registered as electrs within municipal area.
4. Chairpersons of committees.
5.Constitution of ward committees

There shall be ward committies consisting of 1 or

more wards within the territorial area of
municipality having population of 3 lakh.
The legislature of state may by law make provision
with respect to
A, the composition of territorial ward committee.
b. The manner in which seats are to be filled.
A member of a municipality represents a ward with in the
territorial area of ward committee shall be member of
commitee where a ward consist of one ward, the member
representing that ward or 2 or more wards one member
representing such wards in the municipality elected by the
members of ward committee shall be chairperson of that
committee.
Reservation of seats . S243T
Same as panchayathi raj.
1. DURATION S.243U.
2. Disqualification of membership 243V.
 3. POWERS, AUTHORITY AND RESPONSIBILITY OF
MUNCIPALITIES.
4. POWER TO IMPOSE TAX 243X.
5. FINANCE COMMISSION 243 Y.
SAME AS PANCHAYATH RAJ.

Committee for district planning. S.243ZI

There shall be constituted in every state at the district level a
district planning committee to consolidate the plans prepared
by the panchayaths and municipalities.
The state legislature by law may make provision with respect
to
a. Composition of district planning committees.
b. Manner in which seats shall be filled.
Not less than 4/5 of total no of members of such
committee shall be elected by from amongst the district
level and of the municipalities in district in proportion of
ratio between population of rural area and urban area.
c. Function relating district planning which is assigned to
such committees.
d. The manner in which the chairpersons of such
committees shall be choose.
e. They shall prepare draft plan on matters of common
interest between panchayath and muncipalites.

COMMITTEE FOR METROPOLITAN PLANNING

S.243ZE.
Function similar to committee for district planning. The area
of action is metropolitan area as a whole.
The legislation may by law provide provision with respect to
a. Composition of metropolitan planning committees.
b. The manner in which seats shall be filled.
2/3 of members shall be elected from selected members
of municipalities and chairpersons of panchayath in
proportion to the ratio between population of
municipalities and panchayath.

Administration of municipality (Muncipal

council)
The administration of the municipality shall vest in the
council, the council shall exercise the function expressely
assigned under the Act.
POWERS, FUNCITON AND RESPONSIBILITIES OF
MUNCIPALITIES.
1. Implementation of schemes for economic development
and social justice under first schedule.
2. Such powers, authority and responsibility assigned by
government.
3. The municipality shall manage the institution and
administer the se*** under first schedule.
4. Municipality shall have no power to sell, transfer,
alienate or mortgage of any property.
5. Government may resume any property that is
transferred to the municipality if it is no more required
by municipality.
6. A managing committee consisting of not more that 15
members including its chairman in the prescribed
manner for public health institution transferred to
municipality.
7. Any scheme, project, or plan involving selection of
beneficiaries the criteria for eligibility and priority ofr
such selection shall be determined by the municipality.
 The criteria shall be published and intimated to ward
committee or ward sabha.
8. Municipality invite application for selection of
beneficiaries and preparation of draft priority list after
making enquiry on the application received in this
behalf and send it for consideration of the ward
committee or sabha.
9. Ward sabha/committee scrutinize draft priority list and
after clarifications final list published and approval of
council will be sort.
10. The council shall not alter the priority list prepared
by ward committee.

Rights and powers of councilors

Councilor have right to ;
a. Call to the attention of chairperson/secretary of the
municipality the neglect in execution of municipal work,
any wastage of municipal property, the needs of locality,
he has the power to inspect the works or schemes of the
municipality and suggest improvements.
b. To make resolutions and to inform the chairperson on
matters connected with administration of municipality.
c. To acces the records of the municipality during office
hours after due notice to the secretary. The records shall
not be refused without reasonable excuse.
Appointment of committee
The council may for the exercising of its powers/duties
constitute committee. It may also invite persons who are
not councilors to assist it but they shall not exceed 1/3 of
the members of the committee.
JOINT COMMITTEE
The council of a municipality under following
circumstances may constitute joint committes.
1. On request of local governments institution.
2. On request of state government.
The constitution and proceeding of the joint committee
is governed by mutual agreement. The provision of
agreement should include,
1. Total number of members of committee.
2. Total councilors.
3. Total quoram.
4. Manner of appointment of chairman.
5. Term of office of members and chairman.
6. Power.
7. Procedure to be followed.
The terms and conditions can be varied through
mutual agreement. The government has powers to
make the required alteration and on matters of
dispute between the local authorities the decision of
government shall be final.
MEETINGS
The meetings shall be presided by the chairperson
or in his absence the deputy chairperson.
In their absence by a councilor chosen by the
councilors present from among themselves.
The chair person shall decide the order of priority of
matters to be discussed and his decision shall be
final.
The chairman may prohibit any councilor from
voting or taking part in discussion on matters they
have any personal interest. All matters shall be
decided based on majority vote.
For misconduct in a meeting a councilor may be
asked to withdraw from a meeting if he disobeys
then the chairman may suspend him for the day .
Resignation of chairperson/Deputy chairperson/
councilor.
Resignation is to be send through registered post or
in person to the secretary and it shall take into effect
from with on receipt. The secretary shall send copy
to election commissioner. Any dispute shall be
referred after the expiry of 15 days from the date of
effect of the resignation. All records/property shall
be handed over to municipality.
WARD COMMITTEE s.42.
For municipality area exceeding 1 lakh population
here shall be ward committee.
For municipality area where population does not
exceed one lakh there shall be ward sabha.
Meetings
The meeting of ward sabha shall be at least once in
3 months.
The councilor who represents the ward shall be
convenor. The meeting shall be president by
chairperson or in his absence, deputy chairperson or
any standing committee chairman authorized by
chairperson or in their absence convenor.
Special meetings may be convened once during the
period of 2 ordinary meetings. The request of such
 meeting must be made in writing by note less than
10% of the electors in ward.
The quorum of a ward sabha is 10% of members. The
quorum for sabha postponed for want of quorum is 50
persons.
The convenor shall place before the sabha a report on the
development programmes relating to the ward during the
preceeding year and that are proposed to be undertaken during
the current year and the expenditure involved and statement of
annual accounts and administration report of proceeding year.
The officers of municipality shall attend ward sabha as
requird by chair person and an officer nominated by council
will be co-ordinator of ward sabha and he will assist the
convenor in the meetings and record decision in minutes
book.

COMPOSITION-Ward committee
It consist of following members
1. Councilor who shall be the chairman.
2. 15 persons elected from resident association. Registered
under municipality.
3. 20 members elected from among members of registered
neighbourhood groups regeistered under municipality.
4. One person each nominated by every political party
having representation in municipality.
5. Head of recognized educational institution functioning in
ward.
6. 20 persons nominated jointly by chairperson and
councilor of ward of whom.
a. 5 person representing those working in ward as
professional (agriculture, industry, education,
engineering).
b. 5 persons in registered trade union.
c. 10 shall be from the persons representing cultural
organizations, voluntary organization, educational
institutions, industrial commercial establishment
functioning in the ward.
MEETING OF WARD COMMITTEE
1. Meeting held once in 3 months.
2. Meeting convened by its chairman.
3. In his absence a member chosen by members will
preside.
4. The secretary and heads of departments in service
under municipality will attend the meetings and
produce any report or information requested by
committee.
FUNCTIONS
(ward sabha/ ward committee)
1. Assist in collection and consolidation of details
necessary for formulating development plan of
municipality.
2. Formulate proposals on development schemes to
be implemented and priority of schemes for next
3 months.
3. Prepare final list of beneficiearies.
4. Render assistance for effective implementation of
development schemes providing local facilities.
5. Seek and obtain detailed information regarding
development programmes and implementation in
ward in accordance with directions.
 6. Provide voluntary assistance in cash/kind for
social welfare programmes.
7. Prepare order of priority as to location of street
lights, water tap, sanitation units in street or
public places.
8. Formulate literacy programmes.
9. To promote harmony and untiy among people in
ward.
10. To assist beneficiary committee.
11. To verify eligibility of person getting welfare
assistance.
12. To make aware the people for prompt payment
of taxes, fees, rent.
13. To co operate with employees of area in
sanitation /removal of garbage.
14. To encourage kitchen garden.
15. To identify deficiencies in water supply, street
lighting.
16. To identify lacune in lapses in following
building rules.
17. To assist activities of PTA association in
schools.
18. To assist functioning of public health centres.
19. To perform any other function as may be
prescribed.
RIGHTS OF WARD COMMITTEES/SABHAS
It has right to discuss development programmes of previous
year and is entitled to know the amount earmarked in
budget/plan, layout cost ofmaterials of works to be executed
in ward.
The audit report shall be discussed and its opinion informed
to
DUTIES
1.disseminate information on development/welfare activity.
2. participate in health and literal programmes.
Collect socio-economic data.
Provide information by collecting progress regarding
development activities.
Adopt moral means for payment of tax/loans/improvement of
cleanliness.
Supervise development activity as voluntary groups.
Reporting of epidermics/natural calamity.
Protection of environment.
OTHER RIGHTS
1. To get information regarding the services to be rendered
and activities proposed to be carried by officers for next
3 months.
2. To get information on detailed estimate of work to be
undertatken
3. To know whether decision of counsil is logical.
4. To know action taken on decision of sabha/committee.
5. Information on town planning/construction permits.
DEVELOPMENT PLAN
The ward committee/sabha prpare development plans for
ward for the succeeding year along with estimate of
expenditure. The development plan is finalized in a
meeting held 3 months before the financial year. The
ward committee submits its to the municipality and the
municipality after making needed changes submit it to
District planning committee.
 District planning committee s.53.
The function of the committee is to consolidate the plans
prepard by the panchayath and municipality in district
and prepare a draft development plan for district as a
whole.
In matters of common interest between panchayath and
municipalities the draft plan shall give importance of
sharing of water and other resources including financial
resource. The committee shall also consult such
instititution as governor specify. The development plan
will be sent to state government for approval.
Constitution of District planning committee
15 Members of whom
1. 12 are elected .
2. President of district panchayath
3. A person nominated by government having
considerable experience in administration and
planning.
4. District collector.
District collector secretary
President of dist panchatyat-chairman
Joint secretaries – dist level officer of departments of
government.
Permanent invitee - a member of council of state representing
it.
A member nominated to legislative assembly who ordinary
resides in that area.
Metropolitan planning committee
Consist of 15 mebers
1. 10 elected from amongst the elected members of
municipalities and presidents of village panchayath. One
shall belong to SC/ST/ and 5 persons women.
2. 5 persons nominated by government from a person of
rank of secretary to government or eminent person
having experience in local administration.
3. From an officer not below the rank of senior town planer
of town planning department.
4. From an officer not below the rank of superintendency
engineer or public work department.
5. An officer of government department not below the rank
of deputy secretary. He is appointed a s member
secretary of committee.
6. Collector of dist in which the metropolitan area is
comprised of .
FUNCTION
The metropolitan planning committee prepare draft
development plan with regard to
1. Plans prepared by municipalities and panchayaths of
metropolitan area.
2. Matters of common interest between municipalities and
panchayath
3. Draft plan based on objectives and priorities set out by
government of state and central.
4. Estimate of extent and nature of investments likely to be
made in the metropolitan area by agencies of central and
state government.
5. Consult with such instititution and organisations as
governor specify
The secretary forward the development plan to government
for approval.

STATE DEVELOPMENT COUNCIL

The government by notification in gazetter constitute state
development council.
Members
a. Chief minister is chairman,
b. Council of ministers of state.
c. Leader of opposititon of state legislative assembly, who
will be vice chairman,
d. Chairmen of district planning committees.
e. Mayors of municipal corporation
f. 2 chairperson of municipal council , 2 chairperson of
town panchayath at 2 presidents of block panchayath
and 2 presidents of grama panchayaty nominated by
government.
g. The vice chairman of state planning board.
RESERVATION
Among the nominated members under on person from
each category shall be a woman and one shall belong to
SC/ST.
FUNCTION
A.Formulate policy for local level development and
regional level development .
B.Co ordinate district plan and state plan.
C.Formulate policy necessary for strengthening local self
government.
D.Deal with common issues of development among
districts.
SIMILAR TO PANCHAYATHI RAJ
Function of government s.56.
Election to municipalities s.68.
Corrupt practices s144.
Election petition s.163.
Finance commission s205.
Right to information s 517 A
Registration of private hospitals and paramedical institutions
s.310.