Orissa Review

Gram Panchayat in Orissa

Rabindra Kumar Behuria

Gram Panchayats are at the bottom of the three- justice and other matters listed in the Eleventh
tier organisation of Panchayati Raj. Gram Schedule.
Panchayats for a village or group of villages were Composition of Grama Panchayats :
established earlier. The Gram Panchayat in Orissa
constitutes the basis of rural local government. The State Election Commission is
86.6% of people in Orissa live in rural areas. The authorised under the Act to fix the number of
Gram Panchayat was started in Orissa as per the members of a Panchayat. The number varies
Orissa Grama Panchayat Act, 1948. According between 11 and 25, and their nature is five years.
to the recommendations of the Balwant Rai Officers of the Panchayat are Sarapanch and
Mehta Committee, the Grama Panchayats in Naib-Sarapanch. All the members of the
Orissa were re-designed and Orissa Grama Panchayat are directly elected by the people. The
Panchayat Act was passed in 1964. However, 73rd Constitutional Amendment made drastic
the Janata Government in 1991 brought a sea changes in the Panchayati Raj. Part-IX of
change in the working of Panchayati Raj in Orissa. Constitution envisages a three-tier system of
The 73rd Amendment Act 1992 of the Indian Panchayats, namely (a) Grama Panchayat at the
Constitution is very remarkable. This Act village level (b) Panchayat Samiti at the block
empowers the State Legislature to make laws for level, which stands between the village and district
the organisation of village panchayats. Article panchayats in states where the population is above
243-G of the Indian Constitution states that, the 20 lakh and (c) Zilla Parishad at the district level.
Legislature of a state by law, endow the All the seats in a Grama Panchayat shall
Panchayats with such powers and authority as be filled by persons chosen by direct election.
may be necessary to enable them to function as The electorate has been named the Grama Sabha
institutions of self-Government and such law may consisting of persons registered in the electoral
contain provisions for the devolution of powers rolls, relating to a village comprised within the area
and responsibilities upon Panchayats at the of a Panchayat. In this way participatory
appropriate level, subject to such conditions as democracy is introduced at the grassroots. The
may be specified therein with respect to the chairperson of each Panchayat is to be elected
preparations of plans and implementation of according to the law passed by a State and such
schemes for economic development and social state law shall also provide for the representation

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of a chairperson of village and intermediate Functions :

panchayats in the district Panchayat as well as The main objective of the Grama
members of the Union Parliament and State
Panchayat is to ensure rural development. Section
Legislature in the Panchayats above the village
44 and 45 of the Orissa Grama Panchayat Act
level.
specify the functions and power of Grama
Article 243 D provides that seats are to Panchayat. The functions of the Grama Panchayat
be reserved for scheduled castes and scheduled have been divided in to two, like obligatory or
tribes. The reservation shall be in proportion to compulsory and optional or discretionary.
their population. Out of the seats so reserved not
less than 1/3rd of the seats are to be reserved for (i) Compulsory :
women belonging to scheduled castes and — It constructs, repairs, maintains and
scheduled tribes respectively. Not less than 1/3rd improvises the public roads.
of the total number of seats to be filled by direct — It constructs, maintains and cleanses public
elections in every Panchayat shall be reserved for roads and other important public places.
women.
— It constructs, maintains and cleanses drains
A State may by law make provision for and public latrines, urinals etc.
similar reservation of the offices of chairpersons
in the panchayats at the village, intermediate and — Construction, cleaning and lighting of public
district levels. streets.

Every Panchayat shall continue for five — Provision of medical relief, sanitations and
years from the date of its first meeting. But it may prevention of diseases.
be dissolved earlier in accordance with the — Registration of birth and death.
procedure prescribed by state law. Elections must — Construction and maintenance of common
take place before the expiry of its term. In case it grounds, public wells, tanks etc.
is dissolved earlier, then the elections must take
place within six months of its dissolution. A — Preparation of the census reports of human
Panchyat reconstituted after premature dissolution being and animals and registration of animal
(i.e. before the expiry of the full period of 5 years) sold.
shall continue only for the remaining period. But — Regulation of Melas, fairs and festivals.
if the remaining period is less than six months, it — Provision of primary education.
shall not be necessary to hold elections.
— Maintenance of village police.
Article 243 F provides that all persons
— Implementation of schemes for agricultural
are qualified to be elected as a member of a
Panchayat. The only difference is that a person extension.
who has attained the minimum age of 21 years — Minor Forest Produce.
will be eligible to be a member (in case of state — Taking steps for small scale industries, food
legislature the prescribed age is 25 years). If a processing industries.
question arises as to whether a member has
become subject to any disqualification, the — Taking measures for rural housing.
question shall be decided by such anthority as — Undertakes poverty alleviation, women and
the State Legislature may provide by law. child welfare programmes.

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— Taking steps for social welfare including of the grama sasan. He has control over
welfare of the handicapped and mentally it.
retarded persons and public distribution — He prepares all required statements and
system. reports.
(ii) Optional : — He exercises supervision and control
— Promotion of co-operative farming. over the acts, rules and proceedings of
— Establishment of cow-sheds and dairy farms. the officers and employees of the Grama
Panchayat.
— Relief from famine and other calamity.
— If the Sarpanch feels that any decision of
— Improved breedings and medical treatment the Grama Panchayat is subversive of
of cattle, construct of slaughter house. place and order in the area, he has to
— Planting trees by the sides of the public refer the matter to the concerned Sub-
streets. Collector.
— Agricultural development and social Sources of Revenue of the Grama
conservation. Panchayats :
— Establishment of maternity and child welfare As per section 93 of the Orissa Grama
centres. Panchayat Act, for every Grama Panchayat, there
shall be a fund known as 'Grama Fund'. Grama
— Organisation of cottage industries.
Fund is placed to the Grama Panchayat. All
— Establishment and maintenance of libraries, money received from the government and income
reading rooms. of the Grama Panchayat shall be deposited in the
— Collecting statistics of the unemployed. Grama Fund. The Grama Fund shall be deposited
in any Nationalised Savings Bank or nearest Post
— Prevention of gambling and implementation Office or Treasury. Followings are the sources of
of the programme of prohibition, etc. revenue of the Grama Panchayat. It raises money
Power, Functions and Duties of Sarpanch : through taxes, fees and Government taxes.
Section 19 of t he Orissa Grama — Collection of taxes in the rural areas like
Panchayat Act deals with power, duties and water tax, lighting tax, toll tax, tax on
functions of Grama Panchayat. The followings are profession.
the functions of Sarpanch. All the executive — Fees on private markets, cart sheds.
powers of the Grama Panchayat are vested in
him. — Fees on animals sold in a public market
controlled by a Grama Panchayat.
— He convenes and presides over the
meetings of the Gram Panchayat. — Fees for regulating the movement of cattle
for the protection of crops.
— He is responsible for the proper
maintenance of the reco rd and — Fees for use of any building, shops, stalls,
proceedings of the meeting. and stands in the market.
— He is responsible for all securities, — Rent from contractor's occupying
properties, asset, records and documents (temporarily) open grounds or any

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building maintained by the Grama Moreover, the establishment of Grama

Panchayat. Panchayat at the bottom is a praise-worthy step
— Any other tax, fee as may be decided by to facilitate decentralisation of power. The
the Grama Panchayat subject to the democratic decentralisation took its shape for
approval of the State Government. better administration and developmental
perspectives for quick rural development and
According to Article 243H, a State may cooperation of local people. State government
by law authorise a Panchayat to levy, collect and does not possess adequate wisdom of local affairs
appropriate taxes, duties, toll etc. The law may and problems. In this sense, it constitutes a
lay down the procedure to be followed as well as significant contribution to the theory and practice
the limits of these taxes. It can also assign a of nation-building activities in the developing
Panchayat various taxes, duties etc. collected by areas.
the State Government. Grants-in-aid can be given
to the Panchayats from the consolidated fund of Bibliography :
the State. As per 73rd Amendment Act, 1992 1. Das, H. Introduction to Panchayati Raj and
inserted in the Article 243-I of the Constitution, Community Development in India, New Delhi,
Kalyani, 1996.
the Governor has to constitute a Finance
Commission to review the financial position and 2. Johari, H.C. Indian Political System, New Delhi,
Anmol, 1997.
to make recommendations for maintaining sound
financial position of Grama Panchayat. 3. Maheswari, B. Studies in Panchayati Raj, New Delhi,
Metropolitan, 1963.
Conclusion :
4. Rout, B.C. and Mohapatra, M.K. New Rudiments
The Grama Panchayat functions under the of Political Science, Cuttack, Nalanda, 2004, p.101-
control and supervision of the Orissa Government. 05.
On behalf of the Government the Collector or 5. Xaxa, J. Orissa Review 'Febraury-March' 2010, p.24-
any officer authorised by the Collector has the 30.
power to inspect, supervise and control over the 6. Orissa Grama Panchayat Manual, 1994.
Grama Panchayat. Besides the MLA of the area,
Chairman of the Panchayat Samiti and President
of the Zilla Parishad have the power to inspect
their respective Grama Panchayats. As per
section 112 of the Orissa Grama Panchayat Act,
the Collector has the power to dupute any officer
related with developmental work within the
district to attend any meeting to advise and assist Rabindra Kumar Behuria is living at Chandbali in the
the Grama Panchayat. district of Bhadrak-756133.

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