UNIT-3 LAND LAW

UNIT-3

Table of Contents

Question- Discuss the composition and constitution of Gram Panchayat under Haryana Panchayati Raj Act, 1994.

Composition and Constitution of Gram Panchayat under the Haryana Panchayati Raj Act, 1994

The Haryana Panchayati Raj Act, 1994 regulates the functioning of Panchayati Raj institutions in the state of Haryana, including the Gram Panchayat. The Gram Panchayat is a village-level local government body responsible for the administration and governance of rural areas. Below is a detailed discussion of the composition and constitution of the Gram Panchayat under the Haryana Panchayati Raj Act, 1994, with reference to relevant sections of the Act.

I. COMPOSITION OF GRAM PANCHAYAT

1. Constitution of Gram Panchayat (Section 3)

The Gram Panchayat is constituted for each village or group of villages in Haryana. The Act provides for the election of Panchayat members at the village level through a direct electoral process.

  • Section 3 of the Act mandates that the Gram Panchayat shall consist of:
  • Sarpanch (Head of the Gram Panchayat): The Sarpanch is the chief elected representative of the Gram Panchayat.
  • Panchas (Members): The Gram Panchayat also consists of a certain number of Panchas (members) elected from the village or group of villages.

2. Eligibility Criteria for Membership (Section 4)

To be eligible for election as a Panch or Sarpanch, the person must meet the following criteria:

  • Be a citizen of India.
  • Be at least 21 years of age.
  • Be a registered voter in the village or area under the jurisdiction of the Gram Panchayat.
  • Not be disqualified for reasons such as insolvency, criminal conviction, or government employment.

3. Strength of Members in Gram Panchayat (Section 4(2))

  • The number of Panchas in a Gram Panchayat depends on the population of the village or group of villages:
  • If the population is less than 500, the Gram Panchayat shall have 5 members.
  • If the population is between 500 to 1000, the Gram Panchayat shall have 7 members.
  • If the population exceeds 1000, the Gram Panchayat shall have 9 members.

Note: The number of members may be altered as per the population and area requirements laid down by the State Election Commission.

II. ELECTION AND TERM OF GRAM PANCHAYAT MEMBERS

1. Elections to Gram Panchayat (Section 5)

  • Direct Election: Members of the Gram Panchayat are elected directly by the residents of the village or area through secret ballot.
  • Constitution of Electoral Rolls: The State Election Commission prepares and maintains the electoral rolls for the election of Panchas and the Sarpanch.

2. Term of Office (Section 8)

  • The term of a Gram Panchayat is fixed at five years from the date of its first meeting. However, elections should be held within six months of the expiry of the term of the previous Gram Panchayat.

Important: If a Gram Panchayat is dissolved, fresh elections must be conducted within six months.

3. Sarpanch’s Election (Section 9)

  • The Sarpanch is elected from among the members of the Gram Panchayat through direct election by the voters of the village or group of villages.
  • In case of a tie between two candidates for the position of Sarpanch, the election shall be decided by draw of lots.

III. QUALIFICATIONS AND DISQUALIFICATIONS OF MEMBERS (Sections 4 and 5)

1. Qualifications

As mentioned earlier, for election as Panch or Sarpanch, the individual must fulfill basic eligibility requirements including:

  • Being a citizen of India.
  • Aged 21 years or older.
  • A registered voter in the Panchayat area.

2. Disqualifications (Section 4)

A person can be disqualified from being elected or holding office in the Gram Panchayat for reasons such as:

  • Insolvency.
  • Being convicted of a criminal offense.
  • Holding government office or having been dismissed from a government service.
  • Being a minor.
  • Non-residence in the Panchayat area.

IV. FUNCTIONS AND POWERS OF GRAM PANCHAYAT

The Gram Panchayat has a wide range of functions and powers, including:

  1. Maintenance of Public Health:
  • Ensuring clean drinking water, sanitation, and overall public health (Section 41).
  1. Development Activities:
  • Promotion of education, healthcare, infrastructure development, and agricultural improvements within the village.
  1. Revenue Collection:
  • Collecting taxes on land, buildings, and other property within the village jurisdiction (Section 45).
  1. Regulation of Common Property:
  • Ensuring proper use and management of common land and other village resources.

V. REMOVAL OF THE GRAM PANCHAYAT (Section 9A)

A Gram Panchayat can be dissolved by the State Government under the following circumstances:

  • If it fails to perform its functions as required by law.
  • If there is a breach of trust or corruption in the functioning of the Gram Panchayat.
  • If it fails to conduct elections after its term expires.

Upon dissolution, elections are conducted within six months to form a new Gram Panchayat.

VI. RESERVED SEATS AND WOMEN’S REPRESENTATION

1. Reservation for Women (Section 9A)

  • One-third of the seats in the Gram Panchayat are reserved for women.
  • Direct election is provided for the reservation of women in the position of Sarpanch as well.

2. Reservation for Scheduled Castes (Section 9A)

  • Seats are also reserved for Scheduled Castes and Scheduled Tribes based on the population proportion in the Panchayat area.

VII. GRAM PANCHAYAT MEETINGS AND DECISION-MAKING (Section 24)

  • Meetings of Gram Panchayat: The Gram Panchayat is required to meet at least once a month to discuss and decide on important matters.
  • Quorum: The quorum for the meeting is one-third of the total members.
  • Decisions by Majority: Decisions are taken by a majority vote of the members present in the meeting.

VIII. CONCLUSION

The Haryana Panchayati Raj Act, 1994 provides a well-structured framework for the constitution and functioning of the Gram Panchayat. It establishes a system of direct elections, ensures local governance, and empowers villages to manage their own affairs. It also promotes inclusive governance by reserving seats for women and Scheduled Castes.

The Gram Panchayat is central to decentralized governance in Haryana, and its role is crucial in promoting rural development, maintaining public health, and ensuring social welfare within the village.

Question- Explain the duties of Gram Panchayat under Haryana Panchayati Raj Act, 1994.

Duties of Gram Panchayat under the Haryana Panchayati Raj Act, 1994

The Gram Panchayat in Haryana, under the Haryana Panchayati Raj Act, 1994, plays a significant role in rural governance and development. It is entrusted with a wide array of duties that ensure the smooth functioning of local self-government and facilitate the welfare of the rural community. Below are the key duties of the Gram Panchayat as per the relevant sections of the Act:

1. Maintenance of Public Health and Sanitation (Section 41)

One of the primary duties of the Gram Panchayat is to maintain public health and sanitation in the village area. This includes:

  • Ensuring the cleanliness of the village and its surroundings.
  • Taking measures to prevent the spread of diseases by improving sanitation and hygiene.
  • Providing safe drinking water to the villagers.
  • Constructing and maintaining public latrines and drainage systems.

2. Development and Welfare Activities (Section 41)

The Gram Panchayat is responsible for the development of its area. It works towards the improvement of local infrastructure, education, health, and economic development. The following duties are associated with this responsibility:

  • Promotion of agriculture and related activities.
  • Managing community development schemes, including rural employment programs and poverty alleviation measures.
  • Facilitating the construction of roads, public markets, and community centers for the betterment of the village.
  • Organizing education programs to promote literacy and skill development.
  • Improving the quality of life through various welfare schemes like housing for the poor, healthcare initiatives, etc.

3. Maintenance of Village Records (Section 41)

The Gram Panchayat is responsible for maintaining accurate records related to the village and its people. This includes:

  • Keeping records of land holdings, the ownership of land, and any changes in the ownership or tenancy.
  • Maintaining an updated record of cattle, property taxes, and land revenue.
  • Recording any land disputes and working with the revenue department to resolve such disputes.

4. Taxation and Revenue Collection (Section 45)

The Gram Panchayat has the power to impose certain taxes within its jurisdiction and is responsible for the collection of revenue. The specific duties include:

  • Imposing taxes on land, buildings, and other property within the Panchayat’s jurisdiction.
  • Collecting taxes from villagers to fund public works and community services.
  • Ensuring the timely collection of taxes and revenue to maintain the Gram Panchayat’s financial health.

5. Regulation of Common Property Resources (Section 42)

The Gram Panchayat plays a vital role in the regulation of common property resources such as village ponds, grazing lands, and common forests. The duties include:

  • Ensuring that the common lands are used for the welfare of the community and not misused.
  • Protecting water bodies, grazing lands, and forests from encroachments and overuse.
  • Making decisions regarding the distribution and management of these resources.

6. Implementation of Government Schemes (Section 41)

The Gram Panchayat is responsible for the implementation of various state and central government schemes aimed at rural development. This includes:

  • Welfare schemes for marginalized groups, such as Scheduled Castes (SC), Scheduled Tribes (ST), and economically weaker sections.
  • Implementing government-backed schemes like NREGA (National Rural Employment Guarantee Act) and PMAY (Pradhan Mantri Awas Yojana) at the village level.
  • Facilitating rural electrification, drinking water supply, and other infrastructural projects.

7. Management of Village Institutions (Section 41)

The Gram Panchayat has a responsibility to establish and manage village institutions that serve the local community. These include:

  • Schools: The Gram Panchayat manages local schools to ensure that children in the village have access to education.
  • Health Centers: The Gram Panchayat is responsible for maintaining primary healthcare centers to provide basic medical facilities to villagers.
  • Libraries and Community Centers: The Panchayat may also establish libraries or community centers to promote learning and social cohesion.

8. Resolution of Disputes (Section 41)

The Gram Panchayat has the duty to help resolve disputes at the local level:

  • Settling disputes related to land within the village, if they fall under its jurisdiction.
  • Acting as a mediator in cases of minor conflicts related to property, tenancy, or family matters.
  • Referring major disputes to the revenue department or civil courts as needed.

9. Protection of Public Property (Section 41)

The Gram Panchayat is responsible for ensuring the protection of public property and infrastructure. This involves:

  • Preventing encroachments on public land, roads, and other government property.
  • Safeguarding public assets like wells, village ponds, and other common resources.
  • Taking action against any illegal activities or misuse of public land.

10. Public Welfare and Social Security (Section 41)

The Gram Panchayat is required to focus on the welfare of the local community. This involves:

  • Promoting social welfare programs for women, children, elderly people, and persons with disabilities.
  • Ensuring the distribution of ration and other relief materials during times of natural disasters or emergencies.
  • Managing programs for health and nutrition, including vaccination drives, health camps, and distribution of food in times of need.

11. Cooperation with Other Authorities (Section 41)

The Gram Panchayat must collaborate with various state and central authorities to ensure the smooth functioning of rural governance:

  • Working with the District Collector and other government officers for effective implementation of policies.
  • Cooperating with health, education, and revenue departments to provide services to the villagers.
  • Maintaining a relationship with other local bodies like the Block Panchayat and Zila Parishad for coordinated rural development.

12. Conducting Regular Meetings (Section 24)

The Gram Panchayat must convene meetings regularly to discuss various village matters, pass resolutions, and ensure transparency. The duties include:

  • Holding monthly meetings to review the progress of various schemes.
  • Providing an opportunity for villagers to raise concerns and discuss issues affecting the village.

Conclusion

The Gram Panchayat under the Haryana Panchayati Raj Act, 1994 has a wide range of duties aimed at the social, economic, and infrastructural development of rural areas. Its responsibilities cover public health, education, sanitation, revenue collection, dispute resolution, and the promotion of welfare schemes. The Gram Panchayat plays a key role in ensuring the effective functioning of local self-governance in Haryana, and its duties are critical to the empowerment and well-being of rural communities.

Question:- What do you mean by ‘Sabha Area’? Discuss establishment and Constitution of Gram Sabha under Haryana Panchayati Raj Act, 1994.

Meaning of ‘Sabha Area’ under the Haryana Panchayati Raj Act, 1994

The term ‘Sabha Area’ refers to the geographical area that is under the jurisdiction of a Gram Sabha. It is the territorial boundary within which the Gram Sabha exercises its powers and carries out its functions.

In simple terms, the Sabha Area comprises the entire village or group of villages that fall under the administrative control of the Gram Sabha within a Gram Panchayat. This area includes all the land, properties, and rights that the Gram Sabha is responsible for, in accordance with the Haryana Panchayati Raj Act, 1994.

Establishment and Constitution of Gram Sabha under the Haryana Panchayati Raj Act, 1994

1. Establishment of Gram Sabha (Section 3)

The Gram Sabha is a fundamental unit of local self-governance and represents the entire body of the villagers within the Gram Panchayat’s jurisdiction. The establishment of the Gram Sabha under the Haryana Panchayati Raj Act, 1994 is an essential part of the Act’s framework for promoting decentralized governance in rural areas.

  • Section 3 of the Haryana Panchayati Raj Act, 1994 provides for the establishment of the Gram Sabha in every Gram Panchayat. The Gram Sabha is empowered to perform functions related to the development and governance of the village.
  • The Gram Sabha is a deliberative body that is responsible for discussing important issues and making decisions for the welfare of the village.
  • It acts as a consultative body, ensuring that the residents of the village are directly involved in the governance process.

2. Constitution of the Gram Sabha (Section 4)

The constitution of the Gram Sabha under the Haryana Panchayati Raj Act, 1994 is defined as follows:

  • Membership: All the adult residents (both male and female) of the village who are registered voters are members of the Gram Sabha. This includes people who hold ownership or occupancy rights over land or property within the village.
  • Eligibility: The Gram Sabha consists of all voters in the village who have attained the age of 18 years and are registered as voters in the electoral roll of the area. Therefore, any individual who has voting rights in the Gram Panchayat area is considered a member of the Gram Sabha.
  • Regular Meetings: The Gram Sabha meets periodically (usually at least twice a year) to discuss issues related to development, public welfare, and local governance.
  • Quorum: For a Gram Sabha meeting to be valid, there is a requirement for a quorum, which refers to the minimum number of members required to be present for the meeting to take decisions. The quorum is usually specified in the rules framed by the State Government or Panchayat Secretary.

3. Functions and Powers of the Gram Sabha

The Gram Sabha under the Haryana Panchayati Raj Act has several key powers and functions:

  1. Approval of Development Plans:
  • The Gram Sabha approves development plans, annual budgets, and other financial matters related to the Gram Panchayat.
  • It plays an important role in deciding the allocation of funds for village development schemes, such as infrastructure projects, health, education, sanitation, and social welfare.
  1. Monitoring and Evaluation:
  • It monitors and evaluates the progress of government schemes implemented at the village level.
  • It plays an important role in assessing the effectiveness of local governance and offering feedback.
  1. Discussion on Social Welfare:
  • The Gram Sabha discusses and plans for various social welfare programs such as child welfare, women empowerment, elderly care, and improving public health.
  1. Awareness and Resolution of Local Issues:
  • The Gram Sabha discusses important local issues, such as water supply, sanitation, education, and agricultural development.
  • It also passes resolutions to address problems or conflicts related to land, social justice, and law and order within the village.
  1. Rights over Common Land and Resources:
  • The Gram Sabha has powers to manage and regulate common land and other resources (e.g., village ponds, grazing lands), ensuring that these are used for the benefit of the entire community and not misused by a few individuals.
  1. Election of Panchayat Members:
  • The Gram Sabha is also involved in the nomination and election of representatives to the Gram Panchayat. In certain cases, it may also be involved in the election of Sarpanch or other office bearers within the Panchayat.

4. Powers of the Gram Sabha (Section 4)

The Gram Sabha has several significant powers granted by the Haryana Panchayati Raj Act:

  • Control Over Panchayat Funds: The Gram Sabha has the power to examine the financial accounts and approve or reject the budget of the Gram Panchayat.
  • Supervision of Public Works: It supervises the execution of public works in the village and ensures that funds are properly utilized.
  • Right to Review: The Gram Sabha has the right to review the performance of the Gram Panchayat and can call for explanations from the Sarpanch and other members if necessary.
  • Resolution on Land and Property Issues: The Gram Sabha has the authority to resolve disputes related to land ownership and usage, and it is responsible for ensuring that common property is managed properly.

5. Empowerment of Gram Sabha (Section 4)

  • The Gram Sabha is intended to empower the local community by providing a platform where people can come together to discuss matters affecting their village.
  • It fosters participatory democracy, ensuring that decisions taken by the Gram Panchayat align with the collective interests of the village.
  • The Act encourages active participation by villagers, ensuring that governance is not solely limited to elected representatives but involves the entire community.

Conclusion

The Gram Sabha plays a vital role in rural governance and community development under the Haryana Panchayati Raj Act, 1994. It is the cornerstone of local self-governance, giving villagers a voice in matters affecting their lives. The Sabha Area defines the territorial jurisdiction of the Gram Sabha, and the Gram Sabha‘s establishment and constitution ensure that the principles of participatory democracy are implemented effectively. Through its powers, functions, and active involvement in decision-making, the Gram Sabha strengthens local governance and promotes transparency and accountability in the management of village affairs.

Question- Discuss the powers and functions of Gram Panchayat under Haryana Panchayati Raj Act, 1994.

Powers and Functions of Gram Panchayat under the Haryana Panchayati Raj Act, 1994

The Gram Panchayat is the basic unit of self-governance in rural areas under the Haryana Panchayati Raj Act, 1994. It plays a crucial role in ensuring local governance, facilitating the development of the village, and addressing the needs of the community. The Act lays down specific powers and functions of the Gram Panchayat, which are instrumental in the administrative and developmental process at the grassroots level.

Here is a detailed discussion of the powers and functions of the Gram Panchayat under the Act:

1. Powers of the Gram Panchayat (Section 27 to 31)

The Gram Panchayat is granted a range of powers to carry out its functions effectively:

A. Financial Powers

  • Taxation Power: The Gram Panchayat has the authority to levy taxes on property, markets, fairs, and other sources of income within its jurisdiction. The revenue generated through these taxes is used for the development and welfare of the village.
  • Control over Budget: The Gram Panchayat can prepare and approve the budget for its operations, ensuring that funds are appropriately allocated for the development activities in the village.
  • Receipt of Grants: The Gram Panchayat is authorized to receive funds from the state government, district authorities, or central government for specific development projects, such as water supply, sanitation, and infrastructure.

B. Judicial Powers

  • The Gram Panchayat has certain judicial powers under the Haryana Panchayati Raj Act, where it can adjudicate disputes related to property, public issues, and matters concerning common land within the village.
  • It also has powers to impose penalties in cases of non-compliance with rules and regulations laid down by the Panchayat.

C. Administrative Powers

  • The Gram Panchayat exercises administrative control over various village-level officials such as the Secretary and Patwari. It is responsible for ensuring the efficient functioning of the Panchayat system at the village level.
  • It has the power to appoint and remove employees working under the Panchayat for its administrative functions.

2. Functions of the Gram Panchayat

The Gram Panchayat is tasked with a wide range of functions aimed at promoting the welfare and development of the village. These functions are detailed under various provisions of the Haryana Panchayati Raj Act, 1994, and include the following:

A. Developmental Functions (Section 8 to 14)

  • Village Development: The Gram Panchayat is responsible for the overall development of the village, including the construction of roads, bridges, schools, and health centers. It prepares and implements development plans for various welfare programs.
  • Agriculture and Rural Economy: The Panchayat focuses on improving the agricultural productivity of the village by promoting better farming practices, providing irrigation facilities, and encouraging farmers to adopt modern agricultural techniques.
  • Water Supply and Sanitation: The Gram Panchayat is responsible for ensuring that the village has adequate drinking water facilities, proper sanitation systems, and waste management solutions.

B. Social Welfare Functions (Section 16 to 20)

  • Public Health and Education: The Gram Panchayat works towards improving the health and education systems in the village by ensuring access to basic healthcare facilities and primary education.
  • Women’s Empowerment: The Panchayat is responsible for promoting women’s welfare by providing access to vocational training, healthcare, and safety.
  • Social Security: The Gram Panchayat is also responsible for the welfare of the elderly, disabled, and marginalized communities by ensuring their inclusion in government schemes such as pensions and welfare programs.

C. Regulation of Village Common Land (Section 11)

  • Management of Common Land: The Gram Panchayat is entrusted with the responsibility of managing and regulating common village resources like grazing lands, water bodies, and ponds. It ensures that these lands are used effectively and are not misused by individuals.
  • Control over Waste Land: It has the power to take over and bring waste lands under cultivation or use for public purposes.

D. Maintenance of Law and Order (Section 16)

  • Public Safety: While law enforcement is primarily the responsibility of the police, the Gram Panchayat plays a role in ensuring peace and order within the village. It can intervene in resolving disputes or conflicts that arise among villagers.
  • Community Policing: The Panchayat may collaborate with local police authorities to maintain the safety and security of the village.

E. Ejectment of Tenants (Section 39)

  • Ejectment Powers: The Gram Panchayat has the authority to eject tenants from government-owned land or land under its jurisdiction, especially in cases of non-payment of rent or violation of tenancy rules.

3. Administrative Functions

The Gram Panchayat has various administrative functions that ensure the smooth running of the local governance system:

  • Supervision of Government Employees: The Secretary, Patwari, and other staff members employed under the Panchayat are supervised by the Gram Panchayat to ensure they perform their duties properly.
  • Implementation of Government Schemes: The Gram Panchayat is responsible for the implementation of government schemes related to poverty alleviation, rural development, and social welfare. It ensures that the benefits of government programs reach the targeted populations within the village.

4. Powers in Dispute Resolution and Judicial Functions

Under the Haryana Panchayati Raj Act, the Gram Panchayat is empowered to:

  • Adjudicate disputes relating to property and land within the village, particularly concerning common property resources and boundary disputes.
  • Impose fines on individuals who violate local regulations or who do not comply with decisions made by the Gram Panchayat.

5. Election of Sarpanch (Section 11)

The Sarpanch is the head of the Gram Panchayat, and the Gram Panchayat plays an important role in the election process:

  • The Sarpanch is elected directly by the residents of the village in an election supervised by the State Election Commission.
  • The Gram Panchayat also elects other members, including the Panchayat Secretary and other office bearers.

6. Accountability and Transparency

The Gram Panchayat ensures transparency by:

  • Regular meetings where villagers can raise concerns and provide feedback.
  • Public disclosure of plans, budgets, and reports related to the use of funds.

Conclusion

The Gram Panchayat under the Haryana Panchayati Raj Act, 1994 has a comprehensive range of powers and functions designed to ensure local self-governance, community participation, and development at the grassroots level. By managing resources, addressing local issues, and ensuring the welfare of the village, the Gram Panchayat plays a vital role in improving the quality of life of rural residents. Its powers extend across various areas, including agriculture, social welfare, law and order, and financial management, ensuring that the village progresses in an organized and holistic manner.

Question- Explain the source of income and expenditure of Gram Panchayat under Haryana Panchayati Raj Act, 1994.

Source of Income and Expenditure of Gram Panchayat under Haryana Panchayati Raj Act, 1994

The Haryana Panchayati Raj Act, 1994 establishes the framework for local self-governance in rural areas and defines the structure, powers, and functions of Panchayats at various levels. One of the critical aspects of the functioning of Gram Panchayats is managing their income and expenditure, which are essential for the effective implementation of development activities and welfare programs at the village level.

Below is a detailed explanation of the sources of income and the types of expenditure that Gram Panchayats are responsible for, as per the Haryana Panchayati Raj Act, 1994:

Sources of Income of Gram Panchayat

The Gram Panchayat has multiple sources of income to carry out its functions. These sources are primarily based on the revenue generated within the village, grants from the government, and other financial contributions.

1. Taxation

  • Property Tax: The Gram Panchayat has the power to levy taxes on properties within its jurisdiction. This includes residential, commercial, and other types of property that exist in the village.
  • Tax on Buildings, Lands, and Markets: The Gram Panchayat can also impose taxes on buildings, lands, markets, and other properties that generate revenue within the village.
  • Cattle and Livestock Tax: The Gram Panchayat may impose taxes on livestock or cattle within its jurisdiction. This is often done for the maintenance of village commons or public spaces where livestock is allowed.

2. Grants and Contributions

  • State Government Grants: The state government allocates funds to the Gram Panchayat to support various development activities. These funds are provided for specific purposes like infrastructure development, education, healthcare, and poverty alleviation programs.
  • Central Government Grants: The Gram Panchayat may also receive grants from the Central Government for executing national schemes like the National Rural Employment Guarantee Scheme (NREGS) or other welfare initiatives.
  • Voluntary Contributions: Local residents and organizations may voluntarily contribute funds to the Gram Panchayat for specific community development projects or local events.

3. Fees and Levies

  • License Fees: The Gram Panchayat may charge license fees for various businesses, such as shops, market stalls, or other establishments operating within its jurisdiction. These fees are typically used for local development.
  • Fines: The Gram Panchayat has the authority to impose fines for violations of its regulations, such as unauthorized land use or construction, and for non-compliance with Panchayat orders.
  • User Fees: The Gram Panchayat can also charge fees for the use of community facilities like water supply, community centers, or public amenities.

4. Loans and Borrowings

  • Loans from the Government: If needed, the Gram Panchayat may borrow money from the State Government or other financial institutions for executing major development projects. However, such borrowings are subject to conditions and limits set by the state authorities.
  • Loans for Specific Projects: In certain cases, the Gram Panchayat can raise funds through loans for specific projects like road construction, irrigation, or waste management.

Expenditure of Gram Panchayat

The expenditure of the Gram Panchayat is primarily aimed at fulfilling its duties toward local governance, development, and public welfare. The major areas of expenditure include:

1. Administrative Expenses

  • Salaries and Wages: The Gram Panchayat incurs expenditures on salaries and wages for its staff, including the Secretary, Patwari, Safai Karamchari, and other employees. These administrative expenses ensure smooth functioning of the Panchayat.
  • Office Supplies and Equipment: The Gram Panchayat incurs costs for office supplies such as stationery, office equipment, and other essentials required for day-to-day operations.

2. Developmental Expenditures

  • Infrastructure Development: A significant portion of the expenditure is directed toward the construction and maintenance of infrastructure in the village, including roads, drainage systems, bridges, and public buildings.
  • Water Supply and Sanitation: Funds are allocated for ensuring safe drinking water and proper sanitation in the village, including the construction of wells, water tanks, and toilet facilities.
  • Rural Development Projects: The Gram Panchayat spends funds on various rural development projects like housing, road connectivity, school construction, and health centers.

3. Social Welfare Expenditures

  • Welfare Programs for the Poor: Expenditures are made on programs related to poverty alleviation, such as the distribution of pensions to the elderly, disabled, and widows, and other social welfare schemes.
  • Health and Education: The Gram Panchayat is responsible for ensuring the well-being of its residents by allocating funds for healthcare facilities (e.g., sub-health centers) and educational infrastructure (e.g., primary schools and libraries).

4. Maintenance of Common Lands

  • Maintenance of Village Common Land: The Gram Panchayat is responsible for the maintenance and protection of common village resources, such as grazing lands, water bodies, and community centers. This includes the upkeep of the infrastructure and allocation of resources for the sustainable use of such lands.
  • Maintenance of Public Infrastructure: It also covers the maintenance of roads, parks, and other public facilities that benefit the community.
  • Dispute Resolution Costs: The Gram Panchayat may incur expenditure on resolving local disputes, including legal expenses and honoraria for members involved in resolving conflicts or adjudicating disputes related to land and property.

6. Emergency and Contingency Expenditures

  • Natural Disasters and Calamities: The Gram Panchayat may also allocate funds for emergency purposes, such as responding to natural disasters (e.g., floods, droughts, etc.) or providing aid during public health crises (e.g., pandemic management).

Conclusion

The Gram Panchayat under the Haryana Panchayati Raj Act, 1994 plays a vital role in the governance and development of rural areas. The sources of income for the Gram Panchayat are varied, ranging from taxes, grants, fines, and contributions to loans for specific projects. On the other hand, the expenditures are focused on administrative activities, infrastructure development, social welfare, and maintaining public facilities. The effective management of income and expenditure is essential for the Gram Panchayat to fulfill its responsibilities and ensure the welfare of the village community.

Question-Highlight the duties & functions of Gram Panchayat under Haryana Panchayati Raj Act, 1994.

Duties and Functions of Gram Panchayat under the Haryana Panchayati Raj Act, 1994

The Gram Panchayat is the foundational level of governance in rural areas under the Haryana Panchayati Raj Act, 1994. It plays a critical role in managing local resources, promoting social welfare, and ensuring community development. Below is a detailed explanation of the duties and functions of the Gram Panchayat as per the Act:

1. Maintenance of Public Health and Sanitation

  • Sanitation and Cleanliness: The Gram Panchayat is responsible for ensuring sanitation and cleanliness in the village. This includes the management of solid waste disposal, the construction of drainage systems, the maintenance of public toilets, and ensuring access to clean drinking water.
  • Health Programs: The Gram Panchayat is tasked with implementing health-related programs, including immunization, disease control (e.g., malaria, cholera), and organizing health camps in collaboration with government health authorities.
  • Water Supply: Ensuring an adequate and clean water supply for drinking, domestic use, and irrigation is a key function. The Gram Panchayat must maintain wells, ponds, and other local water bodies, ensuring that the water is potable.

2. Implementation of Developmental Schemes

  • Community Development: The Gram Panchayat is responsible for the planning and execution of various developmental schemes in the village. These include building infrastructure like roads, schools, community centers, and public markets.
  • Agriculture and Rural Development: It plays a crucial role in promoting agriculture, providing farmers with the necessary support, and helping implement schemes such as the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) for rural employment and agricultural extension services.

3. Maintenance of Village Infrastructure

  • Construction and Maintenance: The Gram Panchayat is responsible for the construction and maintenance of village infrastructure, including roads, pathways, bridges, culverts, and other community assets. This ensures the smooth functioning of transportation and access to essential services.
  • Public Amenities: The Gram Panchayat is tasked with ensuring that basic public amenities such as electricity, street lighting, and public toilets are available and properly maintained.

4. Education and Literacy

  • Promotion of Education: The Gram Panchayat is responsible for the promotion of education in the village. This includes establishing schools, organizing adult education programs, and ensuring that children have access to primary education.
  • Awareness Campaigns: The Gram Panchayat also conducts awareness campaigns to highlight the importance of education, particularly for girls and marginalized groups.

5. Social Welfare and Community Services

  • Welfare Programs: The Gram Panchayat implements welfare programs related to women, children, elderly, and disabled persons. This includes facilitating access to social security programs, pensions, nutritional schemes, and other government welfare initiatives.
  • Promoting Women’s Empowerment: The Gram Panchayat promotes women’s participation in local governance and supports schemes that empower women, such as self-help groups (SHGs), skill development programs, and awareness on gender equality.

6. Land and Revenue Management

  • Land Records: The Gram Panchayat helps in the maintenance of land records within the village. This includes managing the records of land ownership, tenancy, and encumbrances in collaboration with the Patwari and Revenue Department.
  • Revenue Collection: The Gram Panchayat has the authority to collect taxes from the village for the maintenance of village infrastructure and development works. This includes land taxes, house taxes, and other levies set by the Panchayat.

7. Maintenance of Law and Order

  • Dispute Resolution: The Gram Panchayat plays a role in resolving local disputes, particularly those related to land, family matters, or community issues. It can act as an intermediary for mediation and arbitration in local disputes to avoid conflicts.
  • Promotion of Social Harmony: The Gram Panchayat ensures the maintenance of peace and harmony within the village by promoting inter-community cooperation and addressing social issues such as untouchability, caste-based discrimination, and other divisive practices.

8. Financial Management

  • Budget Preparation: The Gram Panchayat is responsible for preparing and managing its annual budget. This includes allocating funds for various welfare and development projects, as well as ensuring financial transparency.
  • Revenue Generation: The Gram Panchayat has the authority to generate revenue through local taxes, such as house tax, water tax, land revenue, and property tax, and ensure that these funds are utilized efficiently for village welfare.
  • Grant Management: The Gram Panchayat is responsible for receiving and utilizing grants from the state or central government for development projects, as well as implementing government schemes aimed at improving rural life.

9. Environmental Protection

  • Conservation of Natural Resources: The Gram Panchayat is responsible for the conservation and protection of the environment within the village. This includes managing forests, water resources, and biodiversity, and ensuring sustainable practices for farming, grazing, and construction activities.
  • Waste Management: The Gram Panchayat ensures proper waste management practices are followed, including solid waste and sewage management, and promoting the use of composting and recycling methods.

10. Conduct of Elections and Representation

  • Conduct of Elections: The Gram Panchayat is responsible for the conduct of elections to elect the Sarpanch and Ward Members. It ensures that elections are free, fair, and conducted as per the procedures laid down by the State Election Commission.
  • Representation of the People: The Gram Panchayat ensures that all sections of society, including women, Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), are represented in the decision-making process through the election of members from diverse communities.

11. Animal Husbandry and Rural Economy

  • Livestock Management: The Gram Panchayat supports animal husbandry practices, promoting the rearing of livestock such as cattle, goats, and poultry. It ensures the health and welfare of animals by organizing vaccination and medical camps and promoting good practices in dairy farming.
  • Economic Empowerment: The Gram Panchayat fosters economic development through the promotion of rural industries, handicrafts, and small-scale businesses. It facilitates skill development and entrepreneurship programs for local residents.

12. Maintenance of Village Records and Documentation

  • Documentation of Records: The Gram Panchayat maintains important records concerning land, tenant, population, and financial transactions in the village. These records are essential for the effective implementation of various schemes and for resolving disputes.

Conclusion

The Gram Panchayat under the Haryana Panchayati Raj Act, 1994 is a central authority for governance and administration at the village level. It has a wide range of duties and functions, ranging from health and sanitation, education, social welfare, agriculture, and infrastructure development to environmental protection and financial management. Its role is pivotal in empowering rural communities and promoting sustainable development, ensuring that local needs are addressed and people are provided with essential services.

Question- Write a critical note on the finance and Taxation of Gram Panchayat under Panchayati Raj Act, 1994.

Critical Note on Finance and Taxation of Gram Panchayat under the Haryana Panchayati Raj Act, 1994

The Haryana Panchayati Raj Act, 1994 provides a framework for the governance of rural areas in Haryana, and one of its most important aspects is the financial management and taxation powers of Gram Panchayats. These powers are essential for the self-sustenance of the local bodies, enabling them to carry out their duties and functions effectively. The Act gives Gram Panchayats authority over various sources of income, including taxes, grants, and fees, to ensure that they can meet the demands of village development and public welfare. However, while the Act aims to empower local governance, there are certain challenges and critical aspects related to finance and taxation that deserve examination.

1. Sources of Income of Gram Panchayat (Section 85)

Key Provisions:

  • The Gram Panchayat is entitled to raise income through a variety of sources:
  • Taxation: The Panchayat has the authority to levy taxes on property, houses, land, and animals. It can also impose taxes on the sale of goods and businesses in the village.
  • Fees: The Panchayat can impose fees for services such as water supply, sewerage, sanitation, and other local amenities.
  • Grants and Loans: It can receive grants from the State Government and Central Government, as well as loans for development projects.
  • Other Sources: The Panchayat can also generate income through rents, fines, donations, and contributions from residents for specific projects.

Critical Analysis:

  • While the Act allows for a diverse range of revenue sources, Gram Panchayats often struggle to generate adequate funds due to the lack of a strong revenue base and the reliance on state grants. This dependence on external financial support weakens the autonomy and sustainability of local bodies.
  • The taxation powers are largely dependent on local administrative mechanisms to ensure compliance, which is often weak in rural areas, leading to under-taxation and inefficient collection of dues.

2. Taxes Levied by Gram Panchayat (Section 86)

Key Provisions:

  • Property Tax: The Gram Panchayat has the authority to levy a tax on land and buildings within its jurisdiction. This tax can vary based on the size of the property, its use, and its location.
  • Water Tax: The Panchayat can impose a tax on water supply to the households in the village. This ensures the maintenance and operation of the water supply system.
  • Other Taxes: The Panchayat may also collect taxes on animals, businesses, and vehicles within the village.

Critical Analysis:

  • While property taxes are a reliable revenue source, they are often not implemented effectively. Many villagers may not own registered properties, or the records of property ownership may be outdated, causing challenges in tax collection.
  • The water tax is another significant source of revenue; however, there may be issues related to the quality and reliability of water supply, which can lead to dissatisfaction among the public and a lack of compliance with payments.

3. Power to Exempt Taxes (Section 87)

Key Provisions:

  • The Gram Panchayat has the authority to exempt taxes or reduce the amount payable by certain classes of people, such as landless laborers, poor households, or agricultural landowners whose livelihood depends on farming.

Critical Analysis:

  • While exemptions are a good means of protecting vulnerable communities, there is a risk that arbitrary exemptions may be granted, leading to inequitable tax burdens. Additionally, this can lead to loss of potential revenue, which is crucial for the Gram Panchayat to fund development projects.

4. Fund Management and Control (Section 89)

Key Provisions:

  • The Gram Panchayat is required to maintain a separate fund for its income and expenditure. This fund should be used exclusively for carrying out the functions of the Panchayat as stipulated under the Act. The Panchayat is also required to keep detailed accounts of all its transactions, including income from taxes, fees, and grants, and expenditure on developmental works and services.

Critical Analysis:

  • Proper fund management is crucial for ensuring transparency and accountability in the functioning of Gram Panchayats. However, in practice, many Gram Panchayats lack the technical expertise and capacity to manage large funds effectively. The absence of clear audit mechanisms or oversight often leads to financial mismanagement and corruption.
  • Moreover, the delays in disbursement of state and central government grants further exacerbate the financial challenges faced by Gram Panchayats.

5. Grants and Financial Assistance (Section 93)

Key Provisions:

  • The State Government may provide grants to Gram Panchayats for specific developmental projects, such as infrastructure development, public health, education, and welfare schemes. These grants are essential for meeting the financial requirements of the Panchayat.

Critical Analysis:

  • While grants from the state or central government are necessary, the funds may not always be timely or sufficient, which can delay or hinder the execution of essential projects in the village.
  • There is also a lack of flexibility in how these grants can be used, as they are typically earmarked for specific schemes. This restricts the ability of the Gram Panchayat to adapt funds to local needs.

6. Control over Finance (Sections 94-96)

Key Provisions:

  • The State Government retains a level of control over the finances of Gram Panchayats. It can monitor how funds are used, approve budgets, and review expenditures. In some cases, the state government may intervene if it feels that a Panchayat is misusing funds or not adhering to the prescribed financial norms.

Critical Analysis:

  • While financial oversight is important to prevent misuse of public funds, excessive control by the state may undermine the autonomy of Gram Panchayats. It may also lead to bureaucratic delays, as decisions regarding the use of funds may require approval from higher authorities.

7. Financial Accountability and Transparency

Key Provisions:

  • Gram Panchayats are required to present their annual budget and audited financial reports to the public. This ensures that their financial activities are open to scrutiny and that the villagers are informed about the use of funds.

Critical Analysis:

  • Financial transparency is essential for good governance. However, in many rural areas, lack of awareness and low literacy levels among villagers may hinder their participation in financial discussions. Additionally, there is often insufficient public access to financial records, which limits accountability.

Conclusion:

The finance and taxation provisions under the Haryana Panchayati Raj Act, 1994 aim to provide Gram Panchayats with the necessary financial resources to function effectively and meet the needs of their communities. However, despite these provisions, there are several challenges in revenue generation, fund management, and financial autonomy. Effective tax collection and budget management are critical to ensuring that Gram Panchayats can fulfill their development responsibilities. The Act must be continuously reviewed to address these issues and enhance the self-reliance of rural governance bodies. Further reforms may be required to increase the financial capacity of Gram Panchayats, reduce dependence on external grants, and ensure greater financial transparency.

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