LAW OF LOCAL SELF GOVERNMENT

MODULE 2

1)EMERGENCE OF PANCHAYAT RAJ AS PART OF CONSTITUTIONAL

SYSTEM

 Panchayati Raj Institution (PRI) is a system of rural local self-

government in India.
 Local Self Government is the management of local affairs by such
local bodies who have been elected by the local people.
 PRI was constitutionalized through the 73rd Constitutional
Amendment Act, 1992 to build democracy at the grass roots level
and was entrusted with the task of rural development in the
country.
 In its present form and structure PRI has completed 26 years of
existence. However, a lot remains to be done in order to further
decentralization and strengthen democracy at the grass root level.

Evolution of Panchayati Raj

The Panchayati system in India is not purely a post-independence

phenomenon. In fact, the dominant political institution in rural India has been
the village panchayat for centuries. In ancient India, panchayats were usually
elected councils with executive and judicial powers. Foreign domination,
especially Mughal and British, and the natural and forced socio-economic
changes had undermined the importance of the village panchayats. In the pre-
independence period, however, the panchayats were instruments for the
dominance of the upper castes over the rest of the village, which furthered the
divide based on either the socio-economic status or the caste hierarchy.

The evolution of the Panchayati Raj System, however, got a fillip after the
attainment of independence after the drafting of the Constitution. The
Constitution of India in Article 40 enjoined: “The state shall take steps to
organise village panchayats and endow them with such powers and authority
as may be necessary to enable them to function as units of self-government”.

There were a number of committees appointed by the Government of India to

study the implementation of self-government at the rural level and also
recommend steps in achieving this goal.
2)73rd and 74rth Amendment

The 73rd and the 74th Constitutional Amendment Acts, 1992 enjoin upon the
states to establish a three-tier system of Panchayats at the village, intermediate
and district levels and Municipalities in the urban areas respectively. States
are expected to devolve adequate powers, responsibilities and finances upon
these bodies so as to enable them to prepare plans and implement schemes for
economic development and social justice. These Acts provide a basic framework
of decentralisation of powers and authorities to the Panchayati Raj/Municipal
bodies at different levels. However, responsibility for giving it a practical shape
rests with the States. States are expected to act in accordance with the spirit of
the Acts for establishing a strong and viable system of Local Self-Government.

The 73rd and 74th Amendments to the Constitution of India constitute a new
chapter in the process of democratic decentralisation in India. In terms of these
Amendments, the responsibility for taking decisions regarding activities at the
grass-root level which affect people's lives directly would rest upon the elected
members of the people themselves. By making regular elections to Panchayat
Raj/Municipal bodies mandatory, these institutions have been given their due
place in the democratic setup of our country. Local Self- Governments in India,
both Rural and Urban, has seen many ups and downs.

But after the 73rd and 74th Constitutional Amendments, 1992, Local Self
Government in India got a new life, as it is enshrined in the Constitution of
India like the two upper levels of governments i.e., Central and State
Governments.

Local Self-Government is the third stratum of Government, the first two being
the Central and the State Governments.15 Presently, Rural Self Government
i.e., Panchayati Raj system is working in accordance with the 73rd
Constitutional Amendment Act and Urban Self Government i.e., Municipal
Bodies is working in accordance with the 74th Constitutional Amendment Act.
Following the enactment of the 73rd Amendment Act, 1992, almost all the
States in India passed legislation in conformity with the provisions of the 73rd
Amendment Act.

There are some States which have two tier Panchayats – one at the village level
and second at the district level. And there are also other States where
Panchayati Raj Institution is a three tier system- Gram/ Gaon Panchayat as
first level, Samiti, Mandal or Anchalik or Taluk or Block or Janapad or Union
or Kshetra as second level and Zilla or District as the third level. At the rural
level the Gaon Sabha constitutes the foundation of the Panchayati Raj system.
Gaon Sabha performs the functions and powers entrusted to it by the state
legislatures.

The 73rd Amendment Act aims to provide three tier system in the Local Self
Government constituted through elections held regularly every five years. The
Act also provides reservation of seats for Scheduled Castes, Scheduled Tribes
and Women. Moreover, the Act provides for a State Finance Commission to
make recommendations regarding the financial powers of the Panchayats and
to constitute District Planning Committee to prepare draft development plan for
the district. Provision has also been made to constitute a State Election
Commission in every state to supervise, direct and control the regular and
smooth elections to Panchayat bodies. The 74th Constitutional Amendment
Act, 1992, proposes to constitute a uniform structure of Municipal
Corporations, Municipal Councils and Nagar Panchayats in transitional areas.
This Act granted the Urban Local Government a constitutional status.

Presently, the Urban Local Government has three categories-(a) Nagar

Panchayat for a transitional area, i.e., an area in transition from a rural to an
urban area,

(b) Municipal Council for smaller urban area and

(c) Municipal Corporation for a large urban area. An area is designated as ‘a

transitional area’ or a smaller urban area’ or ‘a larger urban area’ on the basis
of size and density of population of that area, the revenue generated for local
administration, the percentage of employment in non-agricultural activities,
the economic importance or such other factors. The Governor of a state can
provide, by a notification that a Municipality may not be created in an
industrial township if the municipal services are provided by an industrial
establishment. Another type of town which does not come within the scope of
above categories is the army cantonment. If any towns have come up around
the army stations, the management boards for these towns are established and
these are controlled by the Defence Department. These are known as
Cantonment Boards. The seats in the Municipalities are filled by persons who
are elected directly by the people from the territorial constituencies within the
municipal area. These territorial constituencies are known as wards.

Salient Features  The Salient features of the Seventy-Third Constitution

Amendment Act are  given below:   The Amendment stipulates for certain
compulsory provisions which are  obligatory on the part of the State
Governments to incorporate in their respective  Acts. Some aspects have,
however, been left at the discretion of State legislatures  to make suitable
provisions in their Act. 

The mandatory provisions are:

(A)Establishment of ‘Gram Sabha’ at the village level comprising of persons 

registered in the electoral rolls relating to a village comprised within the  area
of Panchayat(Article 243(b)). The State, where Gram Sabha does not  exist, will
have to make such provision. 

(B)Establishment of a three-tier system of Panchayat, at the village, 

intermediate and district levels, in all the States and Union Territories (UTs) 
except in those having a population of less than twenty lakhs where 
Panchayats at intermediate level need not be constituted. The States which 

will fall under this category as per 1991 census are Goa, Sikkim, all the  North
Eastern States and UTs. 

(C)All levels of Panchayats will consist of persons elected directly from the 
territorial constituencies in the Panchayat area. The territorial constituencies 
shall be carved out in such manner that the ratio between the population of 
each constituency and the number of seats allotted to it should be uniform 
throughout the Panchayat area as far as practicable. 

(D)All m,embers of the Panchayat whether or not directly elected shall have
the  right to vote in the meetings of the Panchayats. 

(E) The chairperson of a Panchayat at the intermediate and district level shall 
bre elected from among the directly elected members representing the 
territorial constituencies. 

(F) Reservation of seats for SCs/STs in proportion to their population in the 

Panchayat area and seats may be allotted by rotation. 

(G)One-third of the total number of seats, both in reserved and unreserved 

categories shall be apart for women in every Panchayat and seats may be 
allotted by rotation. 

(H)The chairperson of each level of Panchayats shall be reserved for SCs/STs 

in proportion to their population on rotation basis. Similarly, one-third post 

of chairpersons of each level of Panchayats shall be reserved for women on 

rotation basis. 
(I) A fixed tenure of five years for Panchayats from the data appointed for its 
first meeting and the tenure cannot be extended. However, if a Panchayat is 
dissolved before the expiry of its term, election is to conducted within a  period
of six months of the dissolution to reconstitute the Panchayat for the 
remainder of the terms of the term provided the remainder of the period is  not
less than six months. The Panchayats shall be constituted before the  expiry of
its tenure of five years. 

(J) Amendment of law to dissolve the Panchayats at any level is also 

prohibited. 

(K)A person who has attained twenty one years of age is eligible for a 
membership of a Panchayat. 

(L)Constitution of a Finance Commissiom in the State within one year from the 
commencement of the Constitution Amendment Act initially and thereafter 
every five years to review the finances of the Panchayats and recommended 
the principles on the basis of which the taxes to be appropriated by, or 
assigned to the Panchayats as also grant-in-aid to the Panchayats from the 
consolidated fund of the State. The action taken on the recommendation of  the
Commission shall be laid before the Legislature of the State. 

(M) Audit of the accounts of the Panchayats to be done. (N)A State Election
Commission has to be constituted for the superintendence,  direction and
control of the Panchayats at all levels. The State Election  Commissioner,
however, shall be removed in the manner and on the like  grounds as a Judge
of a High Court. 

(O)The Act is applicable to all States and Union Territories. Exemption is being 
ranted to certain states and tribal areas and other territories from the 

application of the provisions of part IX of the Constitution and powers to the 

President and the Governor to modify the provisions of the IX in their 
application to Union Territories and Scheduled areas, respectively. 

(P) The existing laws relating to Panchyats which are inconsistent with the 
provision of the Act shall continue to be inforced until it is amended or 
repealed within one year. The existing Panchayats shall continue till the 
expiration of their terms unless they are dissolved by the competent 
authority. 
(Q)Courts are not to interface in the electoral matters such as delimitation of 
constituencies, allotment of seats and election to any Panchayat. Petition 
challenging the election of any Panchayat can be presented to  

Besides these mandatory provisions the State Legislature has been  empowered
to have legislation in respect of a wide range of subjects,  including on such
matters as functions of the Panchayats and so on. 

74TH AMENDMENT ACT 1992 IN INDIA. 

The constitution 74th Amendment Act 1992, relating to Municipalities  (Urban

local Government) was passed by the parliament in 1992. 

It received the assent of the president of India on 20th April 1993. The  Act
seeks to provide a common framework for the structure and  mandate of urban
local bodies to enable them to function as effective  democratic units of local
Self Government. Government of India notified 1st June 1993 as the date from
which the  74th Amendment Act came into force. The Act provided for a period
of one year from the date of its commencement, within which the then  existing
municipal laws (which were in force at that time In  states/union territories) were
required to be   changed/amended/modified in order to bring them in
conformity with  the provisions of the constitution (74th Amendment) Act—
1992. 

The Salient Features of the Constitution (74th Amendment) Act, 1992: 

(a) Constitution of Municipalities. 

(b) Composition of Municipalities. 

(c) Constitution of wards committees. 

(d) Reservation of seats. 

(e) Fixed duration of Municipalities. 

(f) Power, Authority and responsibilities of Municipalities. (g) Appointment of State

Election Commission. 

(h) Appointment of State Finance Commission. 

(i) Constitution of Metropolitan and District Planning Committees. 

Action has been taken by the State/Union Territory Governments to  set up State
Finance Commission/State Election Commissions. All 

states set up their Finance Commissions. Most of the State Finance  Commissions
submitted their report to the concerned State  Government. 

The concerned states accepted nearly all the recommendations made  by their
respective finance commissions. All State  

Governments/Union Territories set up their Election Commissions for  conducting

elections to urban Local Bodies. 

Extension of Provisions of the Constitution (74th Amendment) Act 1992 to

Scheduled Areas: 

Part IX A of the constitution (i.e. the constitution (74th Amendment)  Act 1992)
is not applicable to Scheduled Areas referred to in clause (I)  of Article 244 of
the constitution. However in tomes of Article ‘JA3  Z,Q, (3), the parliament
may, by law extend the provisions of I his part  to those areas with such
exceptions and modifications as may be  specified in such law. 

In order that the constitution (74th Amendment Act) is also extended  to

Scheduled Areas, a committee of MPs and experts was constituted  by the
ministry of Urban Development to examine the Issues and to  make
recommendations on the salient features of the law for this  purpose. 

Having regard to these inadequacies, it is considered necessary that

provisions relating to urban local bodies are incorporated in the
constitution particularly for: (i) Putting on a firmer footing the
relationship between the state Government and the Urban Local Bodies
with respect to: 

(a) The function and taxation powers. 

(b) Arrangements for revenue sharing. 

(c) Ensuring regular conduct of elections. 

(d) Ensuring timely elections in the case of supersession. 

(e) Providing adequate representation for the weaker sections like  scheduled
castes, Scheduled Tribes and women.

By 74th Amendment Act 1992, Part IX A was Inserted in the  constitution.

After defining the municipal area and the municipality,  The Amendment Act
lays down rules regarding the organisation  powers, functions and finances of
the institutions of Urban Local  Government. 

These can be described as follows: 

1. Constitution of Municipalities: 

1. There shall be constituted in every state: 

(a) A Nagar Panchayat (by whatever name called) for a transitional  area, that is
to say, an area in transition from a rural area to an urban  area. 

(b) A municipal council for a smaller urban area. 

(c) A municipal corporation for a larger urban area in accordance with  the
provisions of this part. 

2. Composition of Municipalities: 

(i) As provided in clause (2) all the seats in a municipality shall be  filled by
persons chosen by direct election from the territorial  constituencies in the
municipal areas and for this purpose each  municipal area shall be divided into
territorial constituencies to be  known as wards. 

(ii) The Legislature of a state may, by law provide 

(a) For the representation in a Municipality of:

(A) Persons having special knowledge or experience in municipal 

administration. 

(B) The members of the Home of people and the members of the  Legislative
Assembly of the state representing constituencies which  comprise wholly or
partly the municipal area: 

(C) The members of the council of states and the members of the  Legislative
Council of the state registered as electors within the  municipal area. 

(D) The chairpersons of the committees constituted under clause (5) of  Article
243S: provided that the persons referred to in paragraph (A)  shall not have the
right to vote in the meetings of the municipality. 

(b) The manner of election of the chairperson of a municipality. 

Constitution and Composition of Wards Committees: 1. There shall be
constituted wards committees consisting of one or  more wards, within the
territorial area of a municipality having a  population of three lakhs or more. 

2. The legislature of a state may, by law, make provision with respect to: 

(a) The composition and the territorial area of a ward committee. (b) The
manner in which the seats in a wards committee shall be filled.

3. A member of a municipality representing a ward within the  territorial area

of the wards committee shall be a member of that  committee. 

4. Where a wards committee consists of: 

(a) One ward, the member representing that ward in the municipality,  or two
or more wards, one of the members representing such wards in  the
municipality elected by the members of the wards committee shall  be the
chairperson of that committee. 

5. Nothing in the article shall be deemed to prevent the Legislative of a  state

from making any provision for the constitution of committees in  addition to
the wards committees. 

Reservation of Seats: 

Seals shall be reserved for the scheduled castes and scheduled tribes in  every
municipality and the number of seats so reserved shall bear, as  nearly as may
be, the same proportion to the total number of seats to  be filled by direct
election in that municipality as the population of the  scheduled castes in the
municipal area or of the scheduled tribes in the  municipal area bears to the
total population of that area and such  seats may be allotted by rotation to
different constituencies in a  municipality. 

Duration of Municipalities: 

Every Municipality unless sooner dissolved under any law for (lie time  being in
force, shall continue for five years from the date appointed for 

its first meeting and no longer provided that a municipality shall be  given a
reasonable opportunity of being heard before its dissolution. 

Disqualification for Membership: 

1. A person shall be disqualified for being chosen as and for being, a

member of a municipality: 
(a) If he is disqualified by or under any law for the time being in force  for the
purposes of elections to the legislature of the state concerned  provided that no
person shall be disqualified on the ground that he is  less than twenty five
years of age, if he has attained the age of twenty one year. 

(b) If he is so disqualified by or under any law made by the legislature  of the

state. 

2. If any question arises as to whether a member of a municipality has  become

subject to any of the disqualification mentioned in clause (i)  the question shall
be referred for the decision of such authority and in  such manner as the
legislature of a state may by law provide. 

Powers, Authority and Responsibilities of Municipalities: Subject to the

provisions of the constitution, the legislature of state may by law, endow: 

(a) The municipalities with such power and authority as may be  necessary to
enable them to function as Institutions of self government and such law may
contain provision for the devolution of 

powers and responsibilities upon municipalities, subject to such  conditions as

may be specified therein, with respect to 

(i) The preparation of plans for economic development and social  justice. 

(ii) The performance of functions and the Implementation of schemes  as may

be entrusted to them including those in relation to the matter  listed in the
twelfth schedule. 

(b) The committees with such powers and authority as may be  necessary to
enable them to carry out the responsibilities conferred  upon them including
those in relation to the matters listed in the  Twelfth schedule. 

Power to Impose Taxes by, and Funds of the Municipalities: The

legislature of a state may, by law: 

(a) Authorize a municipality to levy, collect and appropriate such  taxes, duties,
tolls and fees in accordance with such procedure and  subject to such limits. 

(b) Assign to a municipality such taxes, duties, tolls and fees levied  and
collected by the State Government for such purposes and subject  to such
conditions and limits, 
(c) Provide for making such grants-in-aid to the municipalities from  the
consolidated fund of the state and

(d) Provide for constitution of such funds for crediting all money  received,
respectively, by or on behalf of the municipalities and also  for the withdrawal
of such money therefrom, as may be specified in  the law. 

Finance Commission: 

1. The Finance Commission constituted under Article 243-1 shall also  review
the financial position of the municipalities and make  recommendations to the
Governor. 

2. The Governor shall cause every recommendation made by the  commission

under this Article together with an explanatory  memorandum as to the action
taken thereon to be laid before the  legislature of the state. 

Committee for District Planning: 

There shall be constituted in every state at the district level a District  Planning
Committee to consolidate the plans prepared by the  panchayats and the
Municipalities in the district and to prepare a draft  development plan for the
district as a whole. 

Committee for Metropolitan Planning: 

There shall be constituted in every metropolitan area a Metropolitan  Planning

Committee to prepare a draft development plan for the  metropolitan area as a
whole.

Every metropolitan planning committee shall, in preparing the draft

development plan: 

(a) Have regarded to: 

(i) The plans prepared by the municipalities and the panchayats, in the 
metropolitan area. 

(ii) Matters of common interest between the municipalities and the 

panchayats. 

(iii) The overall objectives and priorities set by the Government of  India find
the State Government. 
(iv) The extent and nature of investments likely to be made in  metropolitan
area by agencies of the Government of India and the  Government of state and
other available resources whether financial  or otherwise. 

(b) Consult such institutions and organizations as the Governor may  by order,
specify. 

(c) The chairperson of every metropolitan planning committee shall  forward

the development plan, as recommended by such committee,  to the
Government of the State. 

Twelfth Schedule (Article 243 W): 

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 purposes. 6. Public

health sanitation, conservancy and solid waste management. 7. Fire services. 

8. Urban forestry protection of the environment and promotion of  ecological

aspects. 

9. Safeguarding the interests of weaker sections of society, including  the

handicapped and mentally retarded. 

10. Slum improvement and upgradation. 

11. Urban poverty alleviation. 

12. Provision of urban amenities and facilities such as parks, gardens, 

playgrounds. 

13. Promotion of cultural, educational and aesthetic aspects. 

14. Burials and burial grounds, cremations, cremation grounds and  electric
crematoriums. 

15. Cattle pounds, prevention of cruelty to animals. 

16. Vital statistics including registration of births and deaths.

17. Public amenities including street lighting, parking lots, bus slops  and
public conveniences. 

18. Regulation of slaughter houses and tanneries. 

Salient Features of the Municipalities after passing the 74th Amendment

Act: 

1. Constitution of three types of municipalities: 

Constitution of three types of municipalities: 1. Nagar Panchayat 

2. Municipal Council 

3. Municipal Corporation 

Nagar Panchayats are created for a transitional areas (the area which  is fast
changing from rural to urban area) or for a very small urban  areas. 

Its tenure is five years. 

Municipal councils are created for smaller urban areas. Its tenure is five years. 

Municipal corporations are created for larger urban areas. Its tenure is 5 years.

2. Fixed five year term and continuity of operation for municipalities. 

3. Appointment for an election commission in each state for  conducting local

elections to the institutions of local government. 

4. Constitution of metropolitan and district planning committees in  each

state. 

5. Constitution of finance commission for local governments. 6. Provisions for

reservation of seats for SCs, STs, OBCs and women. 

7. Provision for reservation of seats of public offices for SCs and STs  and
women. 

After the passing of the 74th Amendment Act, all the states of union  were to
enact/amend their respective municipal acts. This work was  accomplished by
1994. The urban local Government institutions in all  states were organised in
their new forms with effect from 1994. 

Although, 74th Amendment of the constitution has granted sufficient 

autonomy to urban local government and those have been accorded 
constitutional status, these are not completely free from governmental  control.
The urban local government institutions work within the  limits prescribed by
the state Municipal Act which creates and governs  them. 

Further the state government exercises its control over these bodies in
several other ways:

1. Legislative control 

2. Financial control 

3. Control through Government Officials. 

4. Power to dismiss the urban local institutions. 

5. Administrative control etc. 

The constitution 73rd and 74th Amendment Acts have made a hold  attempt to
ensure their continuity, stability, representativeness and  autonomy to
function as valuable systems of self governance.

3)EXPERIMENTS IN DEMOCRATIC DECENTRALIZATION

 73rd and 74th Constitutional Amendments, by constitutionally

establishing Panchayati Raj Institutions (PRIs) in India, mandated the
establishment of panchayats and municipalities as elected local
governments.

 They devolved a range of powers and responsibilities to the local

governments and made them accountable to the people for their
implementation, but very little actual progress has been made in this
direction even after more than 25 years.

Democratic Decentralisation: Devolution of Power

 Democratic decentralization is the process of devolving the functions

and resources of the state from the centre to the elected representatives
at the lower levels so as to facilitate greater direct participation of
citizens in governance.

 Devolution, envisioned by the Constitution, is not mere delegation.

 o It implies that precisely defined governance functions are formally
assigned by law to local governments, backed by adequate transfer
of a basket of financial grants and tax handles, and they are given
staff so that they have the necessary wherewithal to carry out their
responsibilities.

 Local government, including panchayats, is a state subject in the

Constitution, and consequently, the devolution of power and authority to
panchayats has been left to the discretion of states.

 The Constitution mandates that panchayats and municipalities shall

be elected every five years and enjoins States to devolve functions and
responsibilities to them through law.

 A study for the Fourteenth Finance Commission by the Centre for Policy
Research, shows that all States have formally devolved powers with
respect to five core functions of water supply, sanitation, roads and
communication, streetlight provision and the management of community
assets to the gram panchayats.

Issues with Local Governments in India

 Insufficient Funding: The money given to the local governments is

inadequate to meet their basic requirements.

 Inflexibility in spending the allocated budget. The use of money is

constrained through the imposition of several conditions.

 There is little investment in enabling and strengthening local

governments to raise their own taxes and user charges.

 Lack of staff: Local governments do not have the staff to perform even

basic tasks. Furthermore, as most staff are hired by higher level
departments and placed with local governments on deputation, they do
not feel responsible to the latter; they function as part of a vertically
integrated departmental system.

 Untimely and delayed elections: States often postpone the elections

and violate the constitutional mandate of five yearly elections to local
governments.
 o In Tamil Nadu, panchayat elections have not been held for over two
years now, resulting in the State losing finance commission grants
from the Union government.

 Local governments are merely acting as an implementation

machinery rather than policy-making body for local development.
Technology-enabled schemes have further downgraded their role.

 Corruption: Criminal elements and contractors are attracted to local

government elections, tempted by the large sums of money now flowing
to them. A market chain of corruption operates, involving a partnership
between elected representatives and officials at all levels.

o However, there is no evidence to show that corruption has

increased due to decentralisation.

o Decentralised corruption tends to get exposed faster than national

or State-level corruption. People erroneously perceive higher
corruption at the local level, simply because it is more visible.

o However, we can keep track of corrupt local government

representatives more easily than those at the higher levels.

Suggestions to Improve Functioning of Gram Panchayats

 Gram sabhas and wards committees in urban areas have to be

revitalised to achieve the objective of people’s participation in real terms.

o The Standing Committee on Rural Development, that submitted

its report in July 2018, recommended that state governments
should put a quorum in gram sabha meetings for participation of
panchayat representatives, including women.

 Local government organisational structures have to be strengthened with

sufficient manpower. Serious efforts should be made
towards recruitment and appointment of support and technical
staff to ensure the smooth functioning of panchayats.

 Devise a comprehensive mechanism for taxation at the local

levels. We cannot have accountable GPs, without local taxation.
  There is a need for bottom up planning especially at the district level,
based on grassroots inputs received from Gram Sabha.

 Strengthening of panchayats through capacity building and

training should be given more encouragement from the centre and state
governments. This would enable them to prepare better Gram Panchayat
Development Plans, as well as become more responsive towards citizens’
needs.

 Funding: Ministry of Panchayati Raj should monitor the release and

expenditure of Finance Commission grants to ensure that there is no
delay in their release.

o It should also be ensured that grants are utilised in a proper and

effective manner.

o Panchayats should also be encouraged to carry out local audits

regularly so that Finance Commission grants are not delayed.

Way Forward

 India’s efforts in decentralisation represent one of the largest

experiments in deepening democracy.

 India has a robust democratic structure for local governance, what we

need to practice is the robust democratic culture and giving life to our
existing structure.

 Local bodies need to be seen as institutions of self-governance not as

‘delivery mechanisms’ to fulfill Gandhi’s vision of Gram Swaraj.

4)Nature,scope and spirit of Art.40 of the Constitution

Article 40 of the Constitution which enshrines one of the Directive

Principles of State Policy lays down 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. In the light of the experience in the last forty years and in
view of the short-comings which have been observed, it is considered
that there is an imperative need to enshrine in the Constitution certain
basic and essential features of Panchayati Raj Institutions to impart
certainty, continuity and strength to them. 3. Accordingly, it is proposed
to add a new Part relating to Panchayats in the Constitution to provide
for among other things, Gram Sabha in a village or group of villages;
constitution of Panchayats at village and other level or levels; direct
elections to all seats in Panchayats at the village and intermediate level,
if any, and to the offices of Chairpersons of Panchayats at such levels;
reservation of seats for the Scheduled Castes and Scheduled Tribes in
proportion to their population for membership of Panchayats and office
of Chairpersons in Panchayats at each level; reservation of not less than
one-third of the seats for women; fixing tenure of 5 years for Panchayats
and holding elections within a period of 6 months in the event of
supersession of any Panchayat; disqualifications for membership of
Panchayats; devolution by the State Legislature of powers and
responsibilities upon the Panchayats with respect to the preparation of
plans for economic developments and social justice and for the
implementation of development schemes; sound finance of the
Panchayats by securing authorisation from State Legislatures for grants-
inaid to the Panchayats from the Consolidated Fund of the State, as also
assignment to, or appropriation by, the Panchayats of the revenues of
designated taxes, duties, tolls and fees; setting up of a Finance
Commission within one year of the proposed amendment and thereafter
every 5 years to review the financial position of Panchayats; auditing of
accounts of the Panchayats; powers of State Legislatures to make
provisions with respect to elections to Panchayats under the
superintendence, direction and control of the chief electoral officer of the
State; application of the provisions of the said Part to Union territories;
excluding certain States and areas from the application of the provisions
of the said Part; continuance of existing laws and Panchayats until one
year from the commencement of the proposed amendment and barring
interference by courts in electoral matters relating to Panchayats.

Art. 40 confers the responsibility upon State to take steps to organise

Village Panchayats and endow them with such powers and authority as
may be necessary to enable them to function as units of self-government.
But it does not give guidelines for organising village panchayats.
 MODULE 4

THE KERALA MUNCIPALITIES ACT,1994

The 74th Constitutional Amendment Act, 1992 provided for a national

framework for municipal governance in the country, and Kerala has been
following that pattern since 1994. Consequent to this amendment, several
changes have occurred in the functions, powers, and responsibilities of the
municipalities, and the states had to make necessary amendments to the
legislation on the local governments in the respective states. The Kerala
Municipalities Act of 1994,[8] enacted as per the constitutional amendment,
governs the pattern, functions and services of the municipalities in Kerala. The
act, which was integrated for the municipalities and corporations in the state,
laid out the constitution of the town panchayats, municipal councils,
and municipal corporations.

Prior to this, the urban areas of Kerala were governed by the following acts,
which were repealed when the Kerala Municipality Act, 1994 was introduced: [9]

 Kerala Municipalities Act, 1960

 Kerala Municipal Corporations Act, 1961

 Guruvayur Township Act, 1960

Hence, instead of having separate acts for municipal corporations and other
types of municipal bodies, from 1994 Kerala has the same act to govern all its
municipal bodies. Since then, the structure of municipal bodies has essentially
remained the same, even though the urban areas have multiplied. The 74th
amendment[10] to the Constitution of India resulted in increased roles for the
municipalities in every state in India, where they have been perceived to be
great contributors to the social and economic development of the country, as
they are the level of government that is closest to the citizens.

The Kerala Municipality Act 1994 envisage creation of three kinds of urban
local governments

 Town panchayats for transitional areas.

 Municipalities for less urbanised areas and

 Municipal corporations for more urbanised areas.

1. Constitution of Municipalities: 

1. There shall be constituted in every state: 

(a) A Nagar Panchayat (by whatever name called) for a transitional  area, that is
to say, an area in transition from a rural area to an urban  area. 

(b) A municipal council for a smaller urban area. 

(c) A municipal corporation for a larger urban area in accordance with  the
provisions of this part. 

2. Composition of Municipalities: 

(i) As provided in clause (2) all the seats in a municipality shall be  filled by
persons chosen by direct election from the territorial  constituencies in the
municipal areas and for this purpose each  municipal area shall be divided into
territorial constituencies to be  known as wards. 

(ii) The Legislature of a state may, by law provide 

(a) For the representation in a Municipality of:

(A) Persons having special knowledge or experience in municipal 

administration. 

(B) The members of the Home of people and the members of the  Legislative
Assembly of the state representing constituencies which  comprise wholly or
partly the municipal area: 

(C) The members of the council of states and the members of the  Legislative
Council of the state registered as electors within the  municipal area. 

(D) The chairpersons of the committees constituted under clause (5) of  Article
243S: provided that the persons referred to in paragraph (A)  shall not have the
right to vote in the meetings of the municipality. 

(b) The manner of election of the chairperson of a municipality. 

Constitution and Composition of Wards Committees: 1. There shall be

constituted wards committees consisting of one or  more wards, within the
territorial area of a municipality having a  population of three lakhs or more. 

2. The legislature of a state may, by law, make provision with respect to: 
(a) The composition and the territorial area of a ward committee. (b) The
manner in which the seats in a wards committee shall be filled.

3. A member of a municipality representing a ward within the  territorial area

of the wards committee shall be a member of that  committee. 

4. Where a wards committee consists of: 

(a) One ward, the member representing that ward in the municipality,  or two
or more wards, one of the members representing such wards in  the
municipality elected by the members of the wards committee shall  be the
chairperson of that committee. 

5. Nothing in the article shall be deemed to prevent the Legislative of a  state

from making any provision for the constitution of committees in  addition to
the wards committees. 

Reservation of Seats: 

Seals shall be reserved for the scheduled castes and scheduled tribes in  every
municipality and the number of seats so reserved shall bear, as  nearly as may
be, the same proportion to the total number of seats to  be filled by direct
election in that municipality as the population of the  scheduled castes in the
municipal area or of the scheduled tribes in the  municipal area bears to the
total population of that area and such  seats may be allotted by rotation to
different constituencies in a  municipality. 

Duration of Municipalities: 

Every Municipality unless sooner dissolved under any law for (lie time  being in
force, shall continue for five years from the date appointed for 

its first meeting and no longer provided that a municipality shall be  given a
reasonable opportunity of being heard before its dissolution. 

Disqualification for Membership: 

1. A person shall be disqualified for being chosen as and for being, a

member of a municipality: 

(a) If he is disqualified by or under any law for the time being in force  for the
purposes of elections to the legislature of the state concerned  provided that no
person shall be disqualified on the ground that he is  less than twenty five
years of age, if he has attained the age of twenty one year. 
(b) If he is so disqualified by or under any law made by the legislature  of the
state. 

2. If any question arises as to whether a member of a municipality has  become

subject to any of the disqualification mentioned in clause (i)  the question shall
be referred for the decision of such authority and in  such manner as the
legislature of a state may by law provide. 

Powers, Authority and Responsibilities of Municipalities: Subject to the

provisions of the constitution, the legislature of state may by law, endow: 

(a) The municipalities with such power and authority as may be  necessary to
enable them to function as Institutions of self government and such law may
contain provision for the devolution of 

powers and responsibilities upon municipalities, subject to such  conditions as

may be specified therein, with respect to 

(i) The preparation of plans for economic development and social  justice. 

(ii) The performance of functions and the Implementation of schemes  as may

be entrusted to them including those in relation to the matter  listed in the
twelfth schedule. 

(b) The committees with such powers and authority as may be  necessary to
enable them to carry out the responsibilities conferred  upon them including
those in relation to the matters listed in the  Twelfth schedule. 

Power to Impose Taxes by, and Funds of the Municipalities: The

legislature of a state may, by law: 

(a) Authorize a municipality to levy, collect and appropriate such  taxes, duties,
tolls and fees in accordance with such procedure and  subject to such limits. 

(b) Assign to a municipality such taxes, duties, tolls and fees levied  and
collected by the State Government for such purposes and subject  to such
conditions and limits, 

(c) Provide for making such grants-in-aid to the municipalities from  the
consolidated fund of the state and

(d) Provide for constitution of such funds for crediting all money  received,
respectively, by or on behalf of the municipalities and also  for the withdrawal
of such money therefrom, as may be specified in  the law. 
Finance Commission: 

1. The Finance Commission constituted under Article 243-1 shall also  review
the financial position of the municipalities and make  recommendations to the
Governor. 

2. The Governor shall cause every recommendation made by the  commission

under this Article together with an explanatory  memorandum as to the action
taken thereon to be laid before the  legislature of the state. 

Committee for District Planning: 

There shall be constituted in every state at the district level a District  Planning
Committee to consolidate the plans prepared by the  panchayats and the
Municipalities in the district and to prepare a draft  development plan for the
district as a whole. 

Committee for Metropolitan Planning: 

There shall be constituted in every metropolitan area a Metropolitan  Planning

Committee to prepare a draft development plan for the  metropolitan area as a
whole.

Every metropolitan planning committee shall, in preparing the draft

development plan: 

(a) Have regarded to: 

(i) The plans prepared by the municipalities and the panchayats, in the 
metropolitan area. 

(ii) Matters of common interest between the municipalities and the 

panchayats. 

(iii) The overall objectives and priorities set by the Government of  India find
the State Government. 

(iv) The extent and nature of investments likely to be made in  metropolitan
area by agencies of the Government of India and the  Government of state and
other available resources whether financial  or otherwise. 

(b) Consult such institutions and organizations as the Governor may  by order,
specify. 
(c) The chairperson of every metropolitan planning committee shall  forward
the development plan, as recommended by such committee,  to the
Government of the State. 

Twelfth Schedule (Article 243 W): 

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 purposes. 6. Public

health sanitation, conservancy and solid waste management. 7. Fire services. 

8. Urban forestry protection of the environment and promotion of  ecological

aspects. 

9. Safeguarding the interests of weaker sections of society, including  the

handicapped and mentally retarded. 

10. Slum improvement and upgradation. 

11. Urban poverty alleviation. 

12. Provision of urban amenities and facilities such as parks, gardens, 

playgrounds. 

13. Promotion of cultural, educational and aesthetic aspects. 

14. Burials and burial grounds, cremations, cremation grounds and  electric
crematoriums. 

15. Cattle pounds, prevention of cruelty to animals. 

16. Vital statistics including registration of births and deaths.

17. Public amenities including street lighting, parking lots, bus slops  and
public conveniences. 

18. Regulation of slaughter houses and tanneries. 

Salient Features of the Municipalities after passing the 74th Amendment

Act: 

1. Constitution of three types of municipalities: 

Constitution of three types of municipalities: 1. Nagar Panchayat 

2. Municipal Council 

3. Municipal Corporation 

Nagar Panchayats are created for a transitional areas (the area which  is fast
changing from rural to urban area) or for a very small urban  areas. 

Its tenure is five years. 

Municipal councils are created for smaller urban areas. Its tenure is five years. 

Municipal corporations are created for larger urban areas. Its tenure is 5 years.

2. Fixed five year term and continuity of operation for municipalities. 

3. Appointment for an election commission in each state for  conducting local

elections to the institutions of local government. 

4. Constitution of metropolitan and district planning committees in  each

state. 

5. Constitution of finance commission for local governments. 6. Provisions for

reservation of seats for SCs, STs, OBCs and women. 

7. Provision for reservation of seats of public offices for SCs and STs  and
women. 

After the passing of the 74th Amendment Act, all the states of union  were to
enact/amend their respective municipal acts. This work was  accomplished by
1994. The urban local Government institutions in all  states were organised in
their new forms with effect from 1994. 

Although, 74th Amendment of the constitution has granted sufficient 

autonomy to urban local government and those have been accorded 
constitutional status, these are not completely free from governmental  control.
The urban local government institutions work within the  limits prescribed by
the state Municipal Act which creates and governs  them. 

2.OFFICE BEARERS

About Municipal Corporation in India 

Municipal Corporations are local level governments in India. It’s also called as
Mahanagar  Palika, Nagar Palika, Nagar Nigam, City Corporation, etc. A city is
administered by a  Municipal Corporation if the population of that city exceeds
one billion. Municipal  Corporations are largely dependent on the property tax
collected for their revenue. The other  sources of revenue include water tax,
professional tax, drainage tax, etc and some fixed aid  from the state
government. Mumbai Municipal Corporation or Brihanmumbai Municipal
Corporation is the richest Municipal Corporation in India. Its budget exceeds
than that of  some of the smaller states of India. 

Composition of the Municipal Corporation 

Based on the population of that particular city, the city or Municipal Area is
divided into  certain wards. A representative is chosen for each ward by the
people in that ward. A chosen  representative of a particular ward is called as
councilor who are elected for a period of five  years. 

Administration 

Any party winning more than half the total seats of Municipal Corporation wins
the election.  The winning party gets to have its mayor in the Municipal
Corporation. A mayor is the  ceremonial head while the administrative head is
the Municipal Commissioner. Municipal  Commissioner is appointed by the
state government who is an IAS office. The job of the  Municipal commissioner
is to implement the policies of the Municipal corporation and  preparation of
the budget. Whereas, the mayor assumed a political role. 

Who are the members of a Municipal Corporation 

The Municipal Corporation consists of a committee which includes a Mayor

with  Councillors. The Corporations provide necessary community services to
the Metropolitan  Cities and are formed under the Corporation Act of 1835 of
Panchayati Raj system. The  Mayor heads the Municipal Corporation. The
corporation remains under the charge of  Municipal Commissioner. The
Executive Officers along with the Mayor and Councillors 

monitor and implement the programs related to planning the development of

the corporation.  The number of Councillors also depends upon the area and
population of the city. In India,  the four metropolitan cities; Delhi, Mumbai,
Kolkata and Chennai, have the largest  corporations. 

Who conducts Municipal Corporation Elections 

The elections to the Municipal Corporations are conducted under the guidance,
direction,  superintendence and control of the State Election Commission. The
corporations fall under  the State government jurisdiction, therefore there are
no uniform provisions for the election  of the municipal bodies. In some States,
the elections are organised by the state governments,  while in some states, the
Executive Officers arrange the same. 

How are Municipal Corporation Elections conducted? 

The members of the Municipal Corporation are elected by the people through
direct elections.  The elections are held for a particular ward in the city. The
electoral roll of a particular ward  elects the representative or Councillor for
their ward. The electoral roll for each ward is  divided in to one or several parts
depending upon the area within the ward where the voters  of each part reside.
This means that the voters included in each part belong to a street or a  road
or a named area within that ward.  

The voters from all the parts together form the electoral roll of a particular
ward. 

Qualification for contesting Municipal Corporation elections 

A person can contest elections for Municipal Corporation if he/she fulfills the
following  criteria: 

∙ She/he must be a citizen of India 

∙ She/he must have attained the age of 21 years 

∙ His/her name is registered in the Electoral Roll of a ward 

∙ She/he is not earlier disqualified for contesting Municipal Corporation

elections.

∙ She/he must not be an employee of any Municipal Corporation in India 

There are few seats which are reserved for scheduled tribes, scheduled castes,
backward  classes and women. Every candidate's nomination form should have
a declaration stating the  class, caste, or tribe that she/he belongs to. There
should be a declaration that the candidate is  a woman, in case the seat is
reserved for a women candidate. 

The Term of a Municipal Corporation 

The office of Municipal Corporation runs for a period of five years since the
beginning of its  first meeting. It is subject to dissolution under various
circumstances: 

∙ If the State finds the Corporation lagging in its duties 

∙ If the State finds the corporation exceeding or abusing its power 

∙ Declaration of the Municipal elections in the State as void, or withdrawal of

the entire  area of the ward from the municipal operations. 

Roles and Duties of a Councillor 

The Councillors under the Municipal Corporations perform the following

duties: 

∙ To work towards the welfare and interests of the municipality as a whole. ∙ To

participate in the council meetings, council committee meetings and meetings
of  other related bodies. 

∙ To participate in developing and evaluating the programs and policies of the

municipality 

∙ To keep the privately discussed matters in council meetings in confidence. ∙

To get all the information from the chief administrative officer about the
operation  and administration of the municipality. 

∙ To perform any other similar or necessary duties.

MODULE 5

OMBUDSMAN

What Is an Ombudsman?1 

An ombudsman is an official, usually appointed by the government, who

investigates  complaints (usually lodged by private citizens) against businesses,
financial institutions, or  government departments or other public entities, and
attempts to resolve the conflicts or  concerns raised, either by mediation or by
making recommendations. 

Ombudsmen may be called by different names in some countries, including

titles such as a  public advocate or national defender. 
KEY TAKEAWAYS 

∙ An ombudsman investigates complaints against businesses and other

organizations,  including the government. 

∙ Ombudsmen's decisions are not always legally binding. 

∙ In the U.S. members of Congress serve as ombudsmen. 

How an Ombudsman Works 

Depending on the jurisdiction, an ombudsman's decision may or may not be

legally binding.  Even if not binding, the decision typically carries considerable
weight. When appointed, the  ombudsman is typically paid via levies and case
fees. An ombudsman typically has a broad  mandate that allows him or her to
address overarching concerns in the public, and sometimes  the private,
sector. 

However, sometimes an ombudsman’s mandate extends over only a specific

sector of  society—for example, a children’s ombudsman may be tasked with
protecting the rights of  the young people of a nation, while in Belgium, the
various linguistic and regional  communities have their own ombudsmen. In
the United States, members of the United States  Congress serve as
ombudsmen at the national level, representing the interests of their 
constituents and maintaining staff tasked with advocating for constituents
faced with  administrative difficulties, especially those caused by
maladministration. 

Ombudsmen are in place across a wide variety of countries and organizations

within those  countries. They may be appointed at a national or local level, and
are often found within large  

  
1
https://www.investopedia.com/terms/o/ombudsman.asp

organizations too. They may focus exclusively on and deal with complaints
regarding a  particular organization or public office, or they may have wider
ranges. 

For example, an industry ombudsman such as a consumer or insurance

ombudsman may deal  with consumer complaints about unfair treatment the
consumer has received from a private  company that operates within that
industry. Often—and especially at the government level— an ombudsman will
seek to identify systemic issues that can lead to widespread rights  violations
or poor quality of service to the public by the government or institution in
question. 

A large public entity or other organization may have its own ombudsman. (For
example, the  California Department of Health Care Services has its own
ombudsman.) Depending on the  appointment, an ombudsman may investigate
specific complaints about the services or other  interaction a consumer has
had with the entity concerned; an ombudsman within an  organization may
also have a primary function of dealing with internal issues (such as 
complaints by employees, or, if an educational institution, complaints by its
students). 

Special Considerations 

Ombudsman duties may be more wide-ranging nationally. As an example of

this, some  countries have ombudsmen in place to deal with issues such as
corruption or abuses of power  by public officials. Furthermore, some countries
have ombudsmen whose main function is to  protect human rights within
those countries. 

Although an ombudsman is usually publicly appointed, he or she will typically

have a large  degree of independence in fulfilling his or her function. This is to
enable the official to act in  a fair and impartial way to all parties involved in a
complaint. 

OMBUDSMAN FOR LSGI 

The Institution started functioning in the year 2000 as a 7 member body with a
Rtd. Judge of  the High Court as its Chairman. The successor government
amended the constitution and  made it a single member body through an
amendment of the Panchayath Raj Act in the year  2001.This is a high power
institution which has been given vast powers to check the  malpractices in
local governments in the discharge of developmental functions. This is a high
powered quasi judicial body functioning at the state level with its Head
Quarters in the State 

Capital. Possibly no other State in India has such an institution to oversee the
functioning of  Local Self Government Institutions. Under the present law, only
a former judge of High  Court can be appointed as Ombudsman. He can
conduct investigations and enquiries into  instances of mal administration,
corruption, favouritism, nepotism, lack of integrity,  excessive action, inaction,
abuse of position etc.

Ombudsman is an independent quasi judicial authority which investigates the

complaints against the local self governments as well as functionaries working
under them. There shall be an authority for local self government institutions
at state level known as Ombudsman for making investigations and enquiries in
respect of charges on any action involving corruption or maladministration or
irregularities in the discharge of complaints. The ombudsman for local self
government institutions are provided under the Kerala Panchayati Raj Act,
1994.

Term of Office and Condition of Service (Sec. 271 G)

The governor, on advice of the Chief Minister shall appoint the Judge of a High
Court as an ombudsman. The term of office of an ombudsman is 3 years. The
ombudsman may resign his office before the expiry of term of office by writing
to the governor or he shall be removed before the expiry of the term of office by
section 271 H. The salary and allowances of an ombudsman is same as that of
a high court judge. The Ombudsman is not eligible for reappointment on expiry
of his term of office.

Removal of Ombudsman (Sec. 271 H)

An ombudsman may be removed on the ground of proved misbehaviour or

incapacity. The state legislative assembly must address with support of a
majority of total membership of the house and by two third majority of
members present and voting, should make in the same session to the governor
in writing for the removal of Ombudsman. The governor must make an order
for removal further. The procedure for presentation of address and
investigation and proof of misbehaviour or incapacity will be as per the
provisions of law made by the legislative assembly.

Staff of Ombudsman (Sec. 271I)

Secretary and such other officers and employees shall be appointed by

government in consultation with ombudsman to assist ombudsman to
discharge his functions. The ombudsman may require assistance of any officer
in the government department for investigation purpose and the officer is
bound to render such assistance to the ombudsman. Ombudsman can utilise a
service of any expertise or experienced person for deciding the question before
it.

Functions of Ombudsman (Sec 271 J)

The following are the functions of an ombudsman:

1. To investigate on any allegation in complaint or on reference from the

government or that has come to notice of the ombudsman.

2. enquire into any complaint of corruption or administration of a public

servant or local self government institution is alleged.

3. Pass an order on allegation in the following manner:

I) Where the irregularity in was criminal offence committed by public servant

matter may be referred to the appropriate authority for investigation.

II) When irregularity causes loss for inconvenience to citizen, direct local self
government institution to pay compensation.

III) When irregularity involves loss or waste or misuse of fund of local self
government institution, really such loss from those were responsible for such
irregularity.

IV) Where the regularity is due to omission or an action, it may be directed to

rectify the mistake.

4. It may impose penalties in addition to compensation for corrupt practices for

personal gain.

5. The ombudsman may pass interim order to restrain local self government
institutions from doing anything that may cause loss to complainant.

Powers of ombudsman (Sec 271K)

The ombudsman shall have the power of a civil 1.court for all the purposes of
investigation and enquiry in the following matters:

I) Summoning and enforcing the attendance of any witness and examining him;

II) Requiring the discovery and production of any document;

III) Receiving evidence in affidavits;

IV) Requisitioning any public records, or copy thereof from any Court or Office;

V) Issuing commissions for the examination of witness;

VI) Such other powers as are prescribed.

2. If the ombudsman finds that the complaint is without any substance, it may
by order require complainant to pay cost to opposite parties.

3. If the amount directed to be paid by ombudsman is not paid within the

period specified by it, it shall be recovered by revenue recovery proceedings as
if it were an area of land revenue.

4. If the allegation was regarding loss or waste of fund or loss cost to the
complainant, the ombudsman may order to realise the cost from the person
responsible.

Investigation (Sec 271 M)

The ombudsman on receives of complaint contact investigation and where

there is prima facie case it may conduct detail enquiry. If any matter is referred
by government regarding allegation of corruption or maladministration of local
self government institutions or public servant it shall be investigated as if it
was a complaint filed under the act. The ombudsman shall not enquire matters
relating to :

1. Where a formal and public enquiry is ordered by government

2. Where there is a remedy available from tribunal for local self government
institutions

3. Where an enquiry has been ordered on the Commission of Inquiries Act

4. Complaint filed after expiry of 3 years provided that the ombudsman main
detain if there is sufficient reason for not filing the complaint.

Enquiry (Sec. 271 N)

After investigation if the ombudsman finds that:

1. The complaint is vexatious,

2. There is no sufficient ground,

3. Other Remedies are available,

Then it may dispose the complaint has rejected after recording its findings and
reasons ,and communicate it to the complainant.

If he finds there is prima facie case it shall record its findings and send notices
of proposed enquiry to both the parties. It has power to regulate its proceedings
by fixing the time and place of sitting. A legal practitioner cannot represent any
person in proceedings before an ombudsman but if the ombudsman permits by
specifying reasons then a legal practitioner can be allowed.

Existing cases to be Transferred to Ombudsman (Sec. 271 O)

If any case was filed prior to the establishment of the ombudsman and it is not
disposed, it can be transferred to the ombudsman.

Initiation of Prosecution (Sec. 271 P)

After investigation and enquiry if ombudsman feels that there is a prima facie
case against accused of criminal offence he may refer the complaint and
findings to a competent authority with recommendation to initiate prosecution.
The competent authority may conduct a detailed enquiry if necessary and
charge a case.

Disposal of Complaints (Sec 271 Q)

The ombudsman may disposed cases other than involving criminal offences as:

1. Award of compensation for loss

2. Order of recovery of loss caused to local self government institution from

person responsible

3. Order rectification on omission or in action

4. Order recovery of laws on failure through revenue recovery proceedings

5. Order other necessary remedial measures considering facts and

circumstances of the case.

If the ombudsman feels the act of local self government institutions can create
a complaint it can give suggestions on measures to avoid such recurrence of
complaint. Ombudsman submits a detailed report annually to government and
the government presents this report before legislative assembly with an
explanatory memorandum.

Procedures to be Prescribed (Sec. 271 R)

The government may make rules in the following matters:

1. Conditions of service of ombudsman

2. Manner of filing complaint before the ombudsman

3. The procedure of investigation

4. The procedure for initiation of prosecution

5. The procedure in enquiry

6. Manner of implementing orders

7. Any other matter which the government medium necessary to prescribe.

Hence, the ombudsman under the Kerala Panchayati Raj Act is an institution
which is an independent quasi judicial authority which investigates the
complaints against local self governments as well as functionaries working
under them.

2) TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS

A tribunal for local self government is contained under Section 271 of the
Kerala Panchayati Raj Act, 1994.

Constitution (Sec. 271 S)

The Government shall constitute a tribunal for every district or for more than
one district to consider and dispose the appeal or revision filed against the
decisions of local self government institutions under section 276 of Kerala
Panchayati Raj Act, 1994 and Section 509 of Kerala Municipality Act, 1994.

There shall be one judicial officer appointed by the Government in consultation

with the Chief Justice of the High Court of Kerala by notification in gazatte.
The judicial officer shall have the rank of the district judge.
Every proceeding before tribunal will be considered as a judicial proceeding.
There will be staff and officers appointed by government to assist the tribunal.

Powers and Functions of the Tribunal

The tribunal shall have all the powers of a civil Court:

1. Summoning and enforcing that attendance of any person and examining

him on oath;

2. demanding the discovery and production of any document or other material

object producible as evidence;

3. Receiving evidence on affidavits;

4. Requisitioning any public document or a copy thereof from any Court or

office;

5. Appointing commissions for the examination of witnesses for in respect of

documents.

when the government makes a reference to the tribunal regarding the legality
or substantiality of any decision of local self government institution, the
tribunal after giving an opportunity to be heard to the president of the local self
government institution concerned, may render it's opinion to the government.
(Sec 271 T)

Jomi C. Nidheeri v. Elanji Grama Panchayat and others 2007 (2) KHC 174. The
tribunal can hear and dispose of matters on merit. it is not restricted to
procedural matters only

Matters to be Prescribed (Sec 271 U)

The following are the matters which are to be prescribed by the government:

1. The condition of service of the tribunal;

2. The manner of filing appeal petition or revision petition;

3. The procedure to be followed in the hearing of appeal petition or revision

petition;

4. The effects of the orders of the tribunals;

5. Any other matter with the government make considered necessary to

prescribe.