Local Government

LOCAL GOVERNMENT 
*Election for Local government is conducted by State Election Commission
*Panchayati Raj for Rural area and Municipality for Urban area 


PANCHAYATI RAJ 
*Part 5 in Indian Constitution 
*Rural Local self Government 
*Ministry Concerned-Ministry of Rural Development and Panchayati Raj
*73 rd CAA 1992(Schedule 11)
*Article 243 -243O
*Democratic Decentralization 
*Objective-Peoples participation in development 
*Article 243G There are 29 Functional items 
*Article 40-DPSP(State should takes steps to organize Village Panchayat)
EVOLUTION OF PANCHAYATI RAJ 
*Balwant Rai Mehta comittee-Appointed at January 1957,to examine working of Community Development Program (1952) recommends 3 tier Panchayati Raj System 
*Village Panchayat(Directly elected members),Panchayat Samiti and Zilla Parishad(Indirectly elected members) 
*District Collector will be the Chairman of Zilla Parishad ,It is Advisory,Coordinating and Supervisory body 
*Rajasthan was the first state to establish Panchayati Raj (October 2 1959) and Andhra Pradesh second state to establish Panchayati Raj 
*Ashok Mehta Commitee-Appointed at December 1977 
*It recommends 2 Tier Panchayati Raj System ,Mandal Panchayat and Zilla Parishad 
*GVK Rao Commitee-Appointed at 1985 
*It recommends 2 Tier Panchayati Raj System
*LM Singhvi Commitee -Appointed at 1986
*It recommends Revatilization of Panchayati Raj 
*Gadgil Committee -Appointed by 1988 
*Recommends 3 tier Government  
FEAUTURES OF PANCHAYATI RAJ 
*Gram Sabha-It is a assembly consists of all the registered voter in the area of Panchayat(Gram Sabha meets at Gandhi Jayanthi, Republic Day, Independence day in every year) 
*Three tier  Local Government-At Village Level , Intermediate level and District level 
*Elections -All members of Panchayats , Intermediate,District are elected directly and Chairperson of Intermediate and District are Indirectly elected,Chairperson of Village Panchayat can be Directly or Indirectly elected(Depends on act enacted by State Legislature)
*Reservation of seats-Reserving seats for Chairperson or members for SC,ST ,Women's
*Duration-Duration is 5 years however It can also be Dissolved ,If dissolved election should be in 6 months 
*Qualification -Citizen of India,He should be register as voter in particular ward or constituency,Should attain minimum 21 age 
*State Election Commission-It conducts Election for Panchayats ,State Election Commissioner is appointed by Governor of concerned State 
*Powers and Functions-Preparation of plans for Economic Development and social justice, implementation of schemes for Economic Development and social justice in 29 Functional items 
*Finances-State Legislature authorize Panchayat to levy,collect and appropriate taxes,duties and fees,Assign to a Panchayat taxes collected by State Government,Provide Grant in Aids to Panchayats from Consolidated Fund of concerned State,
*Finance Commission-Governor of State shall constitute State Financial Commission (For Sharing Financial Resource to local bodies) 
*Audit of Accounts-State Government can make Provisions for Auditing Accounts in Panchayat 

COMPULSORY PROVISIONS (OBLIGATORY) 
*Organization of Gram Sabha in village or group of villages 
*Establishment of Panchayats at village,intermediate and district level 
*Direct election to all seats in Panchayat in Village, Intermediate and District levels 
*Indirect election to Chairperson in Intermediate and District level 
*21 years of age minimum for contesting in elections 
*Reservation of seats for SC ST
*Reservation of seats for women(1/3rd )seats in all 3 at Panchayat 
*Establishment of State Election Commission for conducting elections 
*Establishment of State Financial Commission 
*Fixing tenure for 5 years and fresh election within 6 months after expiry 
VOLOUNTARY PROVISIONS(DISCRETIONARY)
*Giving Representation to Members of Parliment and State Legislature within their constituency 
*Granting Financial powers to Panchayats that is authorizing them to levy and collect and appropriate taxes,Duties etc 
PESA ACT 1996
*Part 9 
*Provisions of Panchayat (Extension to Scheduled areas) 
*Ten state have 5 th Schedule Areas 
*Andhra Pradesh, Telengana, Chattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhyapradesh, Maharasthra,Odisha, Rajasthan 
*To recognize Traditional Rights ,Prevent Tribal people from Exploitation and provide self Governance 
*The prior recommendations of Gram Sabha or Panchayats at appropriate levels will mandatory for grant of concession for exploitation of minor mineral by auction 
6TH SCHEDULE AREAS
*Protects Tribal population and provide Autonomous Development Council
*At present 10 Autonomous Development Council in Assam,Tripura, Meghalaya and Manipur(ATM2)
MUNICIPALITY 
*74 the CAA 1992 (Schedule 12)
*Articles 243 P to 243 ZG
*Governance of Urban people through elected representatives
 *Concerned Ministry, Ministry of Urban Development,Ministry of Defence for Cantonment Boards 
EVOLUTION OF URBAN BODIES 
*1687-88-First Municipal Corporation in India set up at Madras 
*1726 Municipal Corporation were set up at Bombay and Calcutta 
*Lord Mayo's resolution of 1870 (Financial Decentralization)
*Lord Rippon(Father of Local Government)Resolution of 1882-Magnacarta of Local Self Government
*In 1919 Dyarchy system introduced in Province by GOI Act 1919,In this local self Government became transferred subject and Indian Minister is Responsible for it 
*In 1924 Cantonments act passed for Cantonment Boards 
*In 1935 Provincial Autonomy introduced by GOI Act 1935,Local self government was declared a Provincial subject 
74TH AMENDMENT ACT 1992 
*Part 9 A 
*Article 243 P to 243 ZG 
*Article 243 W-18 Functional items 
*18 Functional items 
SALIENT FEATURES OF MUNICIPALITY 
*Three types of Municipality 
*Nagar Panchayat, Municipal Council, Municipal Corporation
*All members of Municipality can be elected directly by people 
*Territorial Constituency(ward)
*State Legislature may provide manner of election of Chairperson of Municipality
*Reservation of seats-Already Discussed in Panchayati Raj
*Duration of Municipality-Already Discussed in Panchayati Raj
*State Election Commission- Already Discussed in Panchayati Raj 
*Powers and Function-Already Discussed in Panchayati Raj 
*Finances-Already discussed in Panchayati Raj
*Finance Commission-Already discussed in Panchayati Raj 
*Audit of Accounts-Already Discussed in Panchayati Raj
*Exempted areas-Do not apply to Scheduled areas and tribal areas in states 
TYPES OF URBAN GOVERNMENT 

MUNICIPAL CORPORATION 
*For Big cities 
*Established by act of Concerned state Legislature 
*Members-Counsillors,Political Head-Mayor and he is assisted by Deputy Mayor and Executive Head-Corporation Commissioner in Rank of IAS 
MUNICIPALITY 
*For Towns 
*Established by act of Concerned state Legislature 
*Members-Ward Members,Political Head-President/Chairman and Executive Head Municipal Commissioner (Non IAS) 
TOWN PANCHAYAT (In Tamilnadu) 
*In Small city where that city is transferring from Rural to Urban Area
 *Established by act of Concerned state Legislature 
*Members-Ward Members,Political Head-Chairman/President,Executive Head-Executive officer 
NOTIFIED AREA COMMITEE 
*Fast Developing town due to Industrialization
*Established by notification in Government gazette 
*Neither elected body not statutory body 
TOWN AREA COMMITEE 
*For small towns 
*Established by act of Concerned state Legislature
*Wholly elected or wholly nominated and also can be partly elected and partly nominated bodies 
CANTONMENT BOARD 
*For Cantonment (Military)areas 
*Administered by Defence Ministry 
*Partly elected and partly nominated 
*Commando officer of a station will be head 
*Members are Commanding officer of a station, Executive Engineer,Health officer,First class Magistrate,3 military officers nominated by Officer commanding station ,8 members elected by people,Chief Executive Officer of Cantonment
TOWNSHIP 
*Established near Public Sector Enterprise 
*Enterprise appoints Town Administrator
*Example Kalpakkam Township,Neyveli Township,Noida Township 
PORT TRUST 
*In port areas 
*Established by act of Parliment
*Chairman is an official 
SPECIAL PURPOSE AGENCY  
*These are function based and not area based 
*Town Improvement Trust,Water Supply and sewage board,Housing Boards,Pollution Control Boards,Electricity supply boards,City Transport boards 
Example Delhi Development Authority headed by Lieutenant Governor,Jaipur Development Authority headed by Minister for Local Self Government of Rajasthan 

PERSONNELS IN LOCAL GOVERNMENT 
*Seperate personnel System -Local body appoints personnels,They are not transferrable
*Unified personnel System-State Government appoints personnel ,They are transferrable to one local body to another,This system follows in Andhra Pradesh, Tamilnadu, Madhyapradesh, Rajasthan, Uttarpradesh
*Integrated Personnel System-They are appointed by State Government,They can transfer to other local bodies  and also other departments,System follows in Odisha,Bihar, Karnataka, Punjab,Haryana etc 
MUNICIPAL REVENUE 
*Tax 
*Non Tax (Fine,Fees etc) 
*Grants 
*Loans 
 PANCHAYAT RAJ IN TAMILNADU 
*Village Panchayat-Members are ward members,Political Head-President  and no Executive Head 
*Panchayat union at intermediate level -Members are ward members ,Political Head-Chairman and Executive Head-Block Development Officer (BDO)
*District Panchayat-Members are ward members, Political Head-Chairman and Executive Head-District Collector 

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